I j'./gr. tkefoxni&^iifM. &%ege :unr0fj£fofpa£7. ¦ iLiiiBis^aisy • This book was digitized by Microsoft Corporation in cooperation with Yale University Library, 2008. You may not reproduce this digitized copy of the book for any purpose other than for scholarship, research, educational, or, in limited quantity, personal use. You may not distribute or provide access to this digitized copy (or modified or partial versions of it) for commercial purposes. Tn^ri^L, {hh/tUiZim^. THE PUBLIC MEN ,t )J»0^ THE REVOLUTION. INCLUDING EVENTS FKOM THE PEACE OF 1783 TO THE PEACE OF 1815. IN A SERIES OF LETTERS. BY THE LATE HON. WM. SULLIVAN, LL.D. WITH A BIOGRAPHICAL SKETCH OF THE AUTHOR, AND ADDITIONAL NOTES AND REFERENCES BY HIS SON, JOHN T. S. SULLIVAN. ''There have been in the world but two systems or schools of policy; the one founded on the great principles of wisdom and rectitude : the other, on cunning and its various artifices."— John Jay. PHILADELPHIA: PUBLISHED BY CAREY AND HART. 1847. /.Sfe Entered according to the act of Congress in the year 1834, by William Sullivan, in the Clerk's Office of the District Court of the District of Massachusetts. C &"*»¦& ¦ 6g/ PHILADELPHIA : T. K. AND P. G. COLLINS, PRINTERS. DEDICATION. TO VOU, MY DEAR MOTHER, THIS EDITION OF THESE LETTERS IS DEDICATED, As an earnest of a son's gratitude for a parent's untiring devotion and affection, and as a token of the esteem he cherishes for the virtues and Christian fortitude you have ever exhibited, through years of mingled joy and affliction. These letters, from the pen of one whom you so faithfully "served, loved, honored and kept" through a life devoted to laudable ambition and the conscientious performance of his duties, refer to events, many of which must be within the scope of your memory. If, in the additions I have ventured to annex, yet not without misgivings as to my ability to enhance the value of the work, some pleasing remembrances should be revived to you, I shall be more than repaid for the labor they may have cost YOUR SON, The Editor. Philadelphia, June 1, 1847. PREFACE THE EDITOR, Not until the exasperated feeling of opposing political parties has been assuaged by time, and new divisions have arisen, can the leading measures and the prominent men of those parties be judged of without bias. The time has arrived, it is believed, when we may scan impartially the events of the period embraced in these letters. The measures adopted by the conflicting admi nistrations of those years, have been fully tested. The effect of such as have survived the changes of party revolutions, is now felt and known, and exercises a prominent influence upon our political and social condition; whilst other measures, and the wise and good men who upheld them, are condemned as federal, by persons who are ignorant of the origin, design and character of Federalists. It is due to the worthy patriots and disinterested statesmen who composed that party, that their motives should be known, and the principles they advocated understood. It was to this end that the author wrote these letters ; it is to this end that they are now republished to the world by his son, THE EDITOR. Philadelphia, June 1, 1847. CONTENTS. Page INTRODUCTION. - - - - 13 AUTHOR'S PREFACE. - - 15 BIOGRAPHICAL SKETCH OF THE LATE WILLIAM SULLIVAN. 25 LETTER I. State of the country in 1783 — Massachusetts — embarrassments. - 37 LETTER II. Massachusetts insurrection — Governor Bowdoin. 40 LETTER III. Massachusetts rebellion. - - - 43 LETTER IV. Governor Hancock — state of society. - 46 LETTER V. Governor Hancock— Lieutenant-Governor Lincoln — Washington's visit. 49 LETTER VI. Old confederation — Federal constitution — Massachusetts convention — Federalist, by Jay, Madison, and Hamilton. - - - 53 LETTER VII. Massachusetts convention — Fisher Ames — Rufus King — Charles Jarvis. 56 LETTER VIII. Adoption of the constitution — origin of parties — first Congress. - - 61 LETTER IX. Hancock's death — Rev. Dr. Cooper — state of society — Brissot — education. 65 LETTER X. Beginning of the National Government — President Washington — Vice- President Adams — first Congress. - - - - - 69 LETTER XI. First cabinet — public debt funded — Bank — Jefferson — Hamilton. - 73 8 CONTENTS. LETTER XII. Page * Excise law— French revolution— civic feast— Resolutions against Hamil ton—Mr. Giles' remarks on Washington. - - - 76 LETTER Xni. French revolution — parties — Genet — Jacobin clubs — Mifflin — Dallas*- English captures. - - - - - - 80 LETTER XIV. Congress in 1793 — Jefferson's commercial report — Marshall's character of Jefferson— parties in Congress— ^distinguished members — renewed attack on Hamilton. ¦* - - - 85 LETTER XV. Mission to England — John Jay — Fauchet — rebellion in Pennsylvania — Talleyrand — Knox and Hamilton resign. - - 90 LETTER XVI. Jay's treaty — Washington's letter to the Selectmen of Boston. 94 LETTER XVII. Fauchet's intercepted dispatches — Edmund Randolph — Pinckney, 97 LETTER XVIII. Adet, French minister — Washington's reply to Adet — Jay's treaty — pop ular movements on this treaty — debate in Congress — Monroe— France. 102 LETTER XIX. Washington— Lafayette— Bollman— Lord Lyndhurst— third election of President— Paine's letter to Washington— Jefferson's letter to Paine— charges against Washington. - 107 LETTER XX. Adet's address to Americans— French influence— Washington's letter to Jefferson. - .... ... LETTER XXI. Washington's last speech to Congress- farewell address-Jefferson's remarks and Jay's letter on the address- Washington's personal ap pearance and deportment— reception of visitors. - ' r . n5 LETTER XXII. Washington's administration -its difficulties — Colonel Isaac Hayne- fundmg public debt-national bank— policy of Washington. - 121 LETTER XXIII. Kssex Junto— General Benjamin Lincoln. . j . ]27 LETTER XXIV. General Henry Knox-Jefferson's opinions of Knox— Jefferson's writings. 130 CONTENTS. 9 LETTER XXV. Page Duke of Kent — present King of France — Sir A. Baring — foreign minis ters — distinguished members of Congress — Philadelphia in 1797 — Ro bert Morris. - .... -136 LETTER XXVI. Samuel Adams — Increase Sumner — Francis Dana — Theodore Sedg wick — state of society. - - - - - 142 LETTER XXVII. Election of John Adams — of Jefferson, Vice-President — mission to France. ... .... 145 LETTER XXVIII. Treatment of envoys in France — X Y Z affair — war with France — new missions to France — measures taken to impair Mr. Adams' popularity —affair of Jonathan Robbins. - - - 149 LETTER XXIX. Alien law — sedition law — combination of foreigners — Callender's " Pros pect Before Us" — Jefferson and Callender — Logan's mission. - 156 LETTER XXX. New judiciary law, February, 1801 — pardon of Fries — end of the fede ral administration — character. - - - - 164 LETTER XXXI. Death of Washington. - - - - - - - 168 LETTER XXXII. Jefferson's Mazzei letter — speech as Vice-President — Jefferson's remarks on the Mazzei letter — Jefferson's personal appearance — his vice-presi dency. . ... - 171 \ LETTER XXXIII. Mr. Jefferson — principles of action — elements of parties — reasons why Mr. Jefferson's " Writings" should be noticed. - - - 178 LETTER XXXIV. Mr. Jefferson's Writings. - - ... 184 LETTER XXXV. Mr. Jefferson's attack on the funding system and the bank, as federal measures. ........ 193 LETTER XXXVI. Mr. Jefferson's charge against federalists, as intending to introduce mo narchy. ........ 196 10 CONTENTS. LETTER XXXVII. Page Mr. Jefferson's election to the presidency — his remarks on James A. Bayard — vindication by Mr. Bayard's sons — Mr. Jefferson's policy. 201 LETTER XXXVIII. Contradictory opinions entertained concerning Mr. Jefferson when elect ed to the presidency. ...... 208 LETTER XXXIX. Inaugural speech — answer to New Haven remonstrance — invitation to apostacy — author of party government. - - 212 LETTER XL. Mr. Jefferson's opinion of the judiciary. - - 218 LETTER XLI. Mr. Jefferson proposes to Congress to repeal all federal measures — ju diciary law — acts of Judge Chase, which led to his impeachment. - 221 LETTER XLIL Impeachment and trial of Judge Chase. - 227 LETTER XLIII. Purchase of Louisiana. - - - . . . 230 LETTER XLIV. Mr. Jefferson's proposal to repeal the alien law— his former opinions on aliens. ... - - - - 235 LETTER XLV. Mr. Jefferson's hostility to the navy— his gun-boat system. - 238 LETTER XLVI. Difficulties on purchase of Louisiana— Miranda's expedition from New York to South America— Burr's conspiracy. - . . 240 LETTER XLVII. Burr's arrest and trial for treason. - . 246 LETTER XLVIII. Burr's trial— Mr. Wirt. LETTER XLIX. Alexander Hamilton— duel with Burr. - 249 260 LETTER L. Mr Jefferson's gift of two millions to Napoleon-John Randolph's pam phlet on this subject. - . 97 CONTENTS. 11 LETTER LI. Page Jefferson and England — rejects treaty of 1806 — embargo of 1807 — state of the country. .... . 279 LETTER LIL Governor Strong — Governor Sullivan — Lieutenant-Governor Lincoln — proceedings of Massachusetts Legislature. - - 287 LETTER LIIL Governor Gore — members of Massachusetts Legislature — merchants — Governor Gerry — Governor Strong. - - - 296 LETTER LIV. Mr. Jefferson's retirement — his various accounts of embargo system. - 304 LETTER LV. Mr. Jefferson's account of himself — examination of his account — author of nullification. ....... 308 LETTER LVI. Examination of his policy — effects of his policy. - - 313 LETTER LVII. How Mr. Jefferson found the United States in 1801 — how he left it in 1809 — Mr. Madison — his policy — continuation of Mr. Jefferson's. - 316 LETTER LVIII. Causes of warin 1812. ... - - - 321 LETTER LIX. The Henry plot— Mr. Madison's motives. - - 329 LETTER LX. War message, and measures in Congress. - - - 334 LETTER LXL. Opposition to the war in Congress — state of Europe. - - - 336 LETTER LXIL Coincidence of Napoleon's war against Russia and American war against England — reception of the war in New England. - - 340 LETTER LXIII. Terror that came with the war — Baltimore — Washin,gton Benevolent Societies. - - - - - - 345 LETTER LXIV. Convention at New York— De Witt Clinton. - - - 349 12 CONTENTS. LETTER LXV. Page Progress of the war — proposed conscription and impressment. - - 351 LETTER LXVL Proceedings of Massachusetts — causes of the Hartford Convention. - 356 LETTER LXVII. Effects of the Hartford Convention. - - - 361 LETTER LXVIII. Measures in consequence ofthe Hartford Convention — conclusion of the war — peace message. - - ... 363 LETTER LXIX. Mr. Madison's probable motives— close of his administration — Mr. Mon roe's presidency. - - - - . -372 LETTER LXX. Motives and conduct of the Federalists. - - 374 LETTER LXXI. Strong — Brooks — Gore — Cabot. 380 LETTER LXXII. Pickering— Lowell, senior— Higginson— Hichborn. - - 386 LETTER LXXIII. Parsons— Sewall— Parker— Dexter. - - - 393 LETTER LXXIV. Otis— Lowell, Jr.— Quincy — Ward— Lloyd. - -404 LETTER LXXV. Conclusion — difficulties — remedies. ... 409 APPENDIX. 1. John Jay's letter on Washington's Farewell Address. - .421 2. Evidence collected by the sons of James A. Bayard, on Jefferson's calumnies. - - . .„„ 3. Extract from Walsh's letter on the genius and character of the French revolutionary government, and on French military conscription. - 451 INTRODUCTION THE AUTHOR. Towards the close of his life, Mr. Jefferson prepared state ments, seriously affecting the motives and conduct of a numerous class of his fellow- citizens. He intended to have these statements published after his decease. He seems to have expected, that they would be received as historical truths, proceeding from high authority. If Mr. Jefferson had stated truths only, all who know the value of sound historical information are under great obligations to him. If he has stated " false facts,'''' (as he calls them,) without intend ing to do so, he has increased the well-known difficulty of arriving at certainty, as to the past ; and his labors are worse than useless. If he has stated what he knew to be false, he has abused public confidence, and has dishonored his own fame. As most of those citizens, of whom he speaks reproachfully, have become, like himself, insensible to earthly commendation or censure, is it too soon to inquire, in which of the above-mentioned relations Mr. Jefferson should be viewed ? It would be doing, it is hoped, great injustice to the American public to assume, that they are incompetent, or unwilling, to judge calmly and justly of historical truth, whatsoever it may prove to be, or whencesoever it may come. 2 14 INTRODUCTION. But, if the men of this day are so near to that time in which Mr. Jefferson was a conspicuous political agent, that prejudices must prevent a calm and righteous judgment, then the same pos terity, to which Mr. Jefferson confidently appeals, must judge of him, and of those whom he has attempted to consign to their re proach and contempt. According to the words of an able writer, "the views and prin ciples" of Mr. Jefferson's political adversaries are to be known by "a comparison of a series of their discourses and actions." Mr. Jefferson is to be known, not " from his speeches and actions," but "from the whole tenor of his language and conduct." These "views and principles," and this "language and con duct," are set forth in the following pages, "for a reasonable length of time;" that is, throughout one-third of a century. The form adopted is, familiar letters, as these are better suited to the purpose than the ordinary form of History ; and because these admit of personal descriptions and particular illustrations, which the "Memoirs and Writings of Thomas Jefferson" make indispensable. Boston, April 20, 1834. PREFACE THE AUTHOR. Some cautious, sensitive persons disapprove of all inquiry into Mr. Jefferson's claims to gratitude and admiration. They ac knowledge such sentiments to be due to men who, from good motives, achieved illustrious deeds ; and who forgot self, in devo tion to the public. These persons are not supposed to maintain, that men who misunderstood or who perverted their trust, are to be ranked with men of the first class. But they suggest that, if inquiry be made into Mr. Jefferson's pretensions, the people may take it ill, and that there must always be danger in startling an cient and deep-rooted prejudices. The fear of startling prejudices may be a cogent reason for persisting in the divinity of oracular responses ; for continuing in the faith, that birds were commissioned to foretell the fate of ar mies; and for persevering in search after the will of the gods, among the entrails of a bullock. But, in these days, reason and common sense are supposed to have some ministry in the human mind. One may venture to pay the tribute to the American peo ple of believing, that they can arrive at and value truth; and that having the right and the duty of ordering their own welfare, they can and will justly estimate the means of accomplishing that purpose. We have no design to shock any one's prejudices. 16 PREFACE. We are not dealing with Mr. Jefferson as an individual. We "war not with the dust." With Mr. Jefferson's principles and example, as an expounder of the constitution, every free American is deeply concerned ; and, if Mr. Jefferson has been unjust to public benefactors, every American is interested that his errors should be made known. If the maintenance of constitutional liberty be the object, there may be those who think any effort of this nature profitless and vain. They may be of opinion, that the sovereign people will not believe constitutional government to be a restraining power, intended to prevent the wrongs which they can do to each other, and authorized to protect itself again,st their own illegal assaults. The people will not be convinced, it is said, that their peace, prosperity and freedom depend on the strict observance of laws. They cannot know when they are well or ill governed ; and rather prefer, if they could know, the ruling of cunning and deceitful flatterers to that of wise and honest men. We are reminded of the rebellions and of the near approach to despotism, within the last fifty years; and how all combinations of citizens, however originating, resolve themselves into political parties, and seek power by perverting the right of suffrage. We are reminded, also, of the gradual decline in the character of public authority, and of the striking contrast between the personal worth and dig nity of some who have ruled, and of some who do rale. Then the future is looked to, with fearful apprehension, and it is asked, whether, as numbers increase, and the American people are far ther and farther removed from the influences of the revolution, there can be any reasonable hope of preserving civil liberty? To all such suggestions it may be answered, that any govern ment, except mere despotism, implies difficulties and contentions; and the freer it is, the more will these abound. Yet our govern ment can be kept within constitutional rules, or soon brought again within their limits, when it has transgressed them. But this supposes watchfulness and intelligence, and a keen sensibility to encroachment. Such qualities our citizens have shown, to an PREFACE. 17 extent sufficient to preserve civil liberty so far; and it ought not to be doubted, that they will continue to do so. The real charac ter of the government, however, has not always been republican ; it has sometimes been republicanism fashioned by democratic despotism. Our rulers will generally arise from a certain sort of numerical power. The art is well understood of making domin ion out of the fears, prejudices, and pride of that power. There will always be the sympathy of identity between that power and the rulers which it selects ; and these rulers will be worshipped, because worship is self-gratulation. This is the true secret of the homage rendered to Napoleon, to Mr. Jefferson, to Andrew Jack son. But this is a natural delusion, which positive suffering can dissipate. As all such rulers inevitably tend (the world over) to despotism, the turning point will be, whether the majority can be made to feel actually existing despotism in time to crush it by peaceable election, and before its strength renders opposition vain. We incline to think, that liberty will often be in peril ; but that intelligence, virtue, and interest will again and again combine and rescue it from the grasp of its pretended friends. It is proved in this country, rather than in any other, of any time, that as society moves onward under its natural propensity to im prove, intellectual power takes the place of physical force. It is here, therefore, that all are interested to give to this power a useful direction; and rather are the wealthy and exalted, than the poor and humble, interested, that all should be well informed. Ambition does not choose for its birth-place the palace in preference to the hovel ; and in a free country it will not be idle. Like the richest soils, rank with noisome and poisonous weed when unsubdued, it will, if left to itself, deform society with infidelity, perversion and crime. By promoting the means of intellectual, religious, and, consequently, of moral culture, it may possibly come to be a gene rally admitted truth, that public life can be neither honorable nor profitable to the individual, when not honorable and useful to the public. There may be much of speculation, but no settled opinion on 2* 18 PREFACE. the point, whether the Americans have a better or worse hold on civil liberty, at this day, than they had at the beginning of this century. It might have been expected, that their institutions would have obtained solidity by use and precedent; and that the enjoyment of freedom, such as was never before known, would have made that freedom precious to every mind, capable of un derstanding its value. But Americans have too much freedom to have occasion to consider what it is; just as one, who never felt the weight of a chain, finds a silken thread intolerable. They have even sometimes gone so far as to renounce the guar dianship of their liberty, and have appointed masters, and think it freedom to render homage to them. This is discouraging. But yet it is believed, that Americans will preserve civil liberty ; not through virtue and intelligence alone, but through these and the conservative power of interest; and through interest, because the American institutions are distinguished from any others, in having a renovating principle, which can be applied at will, with out violence ; and without any shock to the established order of society, but that of dismissing a dominant faction, and establish ing a wise and constitutional policy. This is revolution; but it is tranquil and peaceable. Something of the same nature is seen in the English government, in the power to change a minis try. Thus virtue and intelligence, the dictates of interest, and the provisions through which interest may operate peaceably and justly, lead to the belief, that constitutional order and tranquillity can and will be preserved. But the republic cannot be eternal; that unsparing innovator, Time, will surely bring it to an end. Will it be by military usurpa tion ? No case is now foreseen, (such is our fortunate position on the globe,) in which any man can have so numerous and de voted an army, as to make himself a despot, while the people are wise enough to train themselves to the use of arms, as militia. Will it be by exciting and corrupting a craving populace ? There can hardly be such a class in the United States. Commerce, agriculture, and universal industry, bringing comfort and inde- PREFACE. 19 pendence, unknown to ancient republics, preclude the exist ence of such class in such numbers, as to endanger the public safety. It must be yet a long time before there can be so many who have nothing, and who can acquire nothing, and who can be attracted into combinations by a sense of oppression, that the or- dinarypowers of government, aided by the force of public opinion, cannot control them. Will it be by civil usurpation ? This can not advance far, without touching the interests of a majority, sufficiently to arouse them to a sense of their danger. If they do not discern the wrong before it reaches their property and daily bread, they will feel it then, and will help themselves to a peace able constitutional remedy. Mr. Jefferson would certainly have lost the popular favor, in consequence of the privations and miseries which he imposed upon his countrymen, if he had not so intermingled foreign poli tics as to make it believed, that the honor of the country was in volved in his measures. So Mr. Madison would have lost his popularity, from the distresses of the war, if a majority had not been disciplined to feel, that the war was a necessary and patri otic policy. Both these Presidents foresaw consequences, and re traced their steps. It will be seen, that the nearest approach to despotism was during the presidencies of Mr. Jefferson and Mr. Madison. Legis lative and executive power were then in perfect harmony. In nearly all the states, there was equal harmony between like powers, and close sympathy between these and the powers exercised by the national government. But there was an opposition, which comprised a major part of everything which government is insti tuted to protect, computing in any manner but by heads. This opposition and the judiciary saved the country from greater calamities than those which it endured. It is by no means intended to suggest, that either of these magistrates intended des potism. Neither of them had any such design. But if either of them had gone but little further, he might have glided into ab- 20 PREFACE. solute dominion under the full belief, that he was sustaining re publican liberty by silencing its enemies. There are some dangers peculiar to this country, and among them civil war and disunion. When and in what form this danger may present itself, it would be presumptuous to conjec ture. There has been a recent excitement of this tendency, but it served only to cause an estimate of the value of the union, and to fix it more firmly in the reverence of the people. In a land so free as this, an incessant struggle for power, both from good and from bad motives, must be expected. There will be perverse legislation, corrupt and wicked management, blind devotion to party, and instances of flagrant usurpation. Ameri cans have no patent right in the matter of government, nor any better assurance than other nations have, that wisdom, virtue and disinterestedness will always govern their country. Their con stitutions are better than those of any other country, but they are to be administered by men. It may often require the best efforts of such minds as now adorn the Senate of the United States, to discern and declare where the constitution was left, and to aid the people in replacing it on the solid foundation of their respect and affection. But such events may recur again and again with out the final loss of republican liberty. Good as the constitution is, it is not now the same admirable product of human wisdom which it was, when first presented to the American people. It was then an illustrious commentary on the experience of past ages ; — an unprecedented system, whereby to obtain all, the good, and prevent all the evil, which arise from man's strength and weakness,., virtue and vice, whether regarded as an individual, or combined in society. It. was no less honor able to the people to have adopted this system, than it was to have conceived, prepared, and to have offered it. That part, which may be supposed to have engaged the atten tion of the framers most intently, was the executive power. It was so guarded as to prevent to the utmost, the elevation of a mere popular favorite; and to inspire the chosen with a proper PREFACE. 21 sense of responsibility, not to a party, but to a nation. Under the influence of Mr. Jefferson, it was so amended as to convert the dignity of the presidency into a commission to superintend a continually recurring scramble for favor and reward. This is the most lamentable of all Mr. Jefferson's errors. All others may be transitory ; this will be permanent. For, if a majority concur in the necessity of amendment, they will not concur in what it shall be ; much less will they restore the Constitution to its original excellence. If executive patronage be not always a corrupting and debasing machinery, it will be otherwise only by choosing presidents who have too much wisdom and conscience to make it so. Closely connected with civil war and disunion is the question of slavery. A most unfortunate delusion has arisen, founded partly on hostility to the principle of slavery, (a principle which, in the abstract, no reasoning can sustain,) partly on disregard of the true nature of the negro, partly on mistake of the common sentiment of all classes of society, but more than on either of these, on the error, that the condition of the negro can be bettered by general manumission, in a land where white population hold the political power and the physical strength. This is a subject full of fearful apprehension, so long as philanthropy so entirely misapplies itself, in territories where slavery does not exist, as to attempt to govern within territories where ages have interwoven slavery with all the desired objects of life. It is already seen, that this matter resolves itself into a question of mere interest; and no teacher is needed to make known, that the next door neighbor to interest is force; and that this will surely be called in, when interest finds itself presumptuously assailed. What sort of philanthropists must they be, however amiable their mo tives, who propose to intelligent masters voluntarily to exchange condition with their slaves! The restoration of the colored to the regions which their Creator originally assigned to them, by colo nization, is a matter of very different character from that of " abolition. " 22 PREFACE. There is one danger to national security and to republican institutions, which is daily becoming more and more obvious. It will be seen in the following pages, that Mr. Jefferson intro duced this danger. It cannot be a long time before Congress will be called on to provide an effectual remedy. State legis latures cannot perform their duties until Congress comprehends and performs its duty. Certainly the citizens of the United States will not much longer confer office on men who are willing that their land should be a home for the vice and pauperism of Europe; and perhaps subjected, (by the mere exercise of political privileges,) to foreign dominion. One must be very assuming to foretell the condition of this, or any other nation, on general principles ; but he may be allowed to make some deductions from experience. Thus it may be inferred, that in a country so extensive and varied as this, no fatal heresy will be universal, at the same time ; and that no man can acquire, and long retain, a dangerous popularity. There will be, no doubt, alarming excitements in one or more states ; but the strength of the federal government, powerful majorities in all other states, and strong minorities within the limits of the ex citement, will parry the threatened evil till good sense returns. When the federal government transcends its limits, state authority will interpose salutary checks; and there will always be diligent and zealous minorities, in the federal government, to warn the people of their danger. Above all, there will be a pervading sense of safety and utility in the union, which no member of the confederacy will be seriously disposed to relinquish, as the inevi table consequence must be foreign alliance, and a return to colo nial dependence. The multiplication of states will be no evil. Each one con taining a sovereignty in itself, breaks up one great whole into harmonious parts, and makes the great difference between the American and Roman republics. In the latter, Rome was the empire; whole countries, appendages. In like manner, this country is distinguishable from modern France, which is a sort PREFACE. 23 of republic with a king for its chief; but France must always be restive and turbulent while Paris is all France and all of France is Paris. Vast as this country is, its remotest parts will not be strange to each other. Commerce, enterprise, mutual wants and depend ence, facility of intercommunication, and the daily messenger, the press, will soften and wear away prejudice, the child of igno rance. The variety of religious sects will promote religion. As no one of them can strengthen itself by alliance with civil power, intolerance is deprived of its weapon, and will rather be useful than mischievous. The American community may have some analogy in its pro gress to the seeming evils of the natural world. Vesuvius is not always casting forth its lava; it gives time for the verdure to return, and for human habitations to rise again, over the path of its desolation. A small portion of earth, or ocean, is exposed to the rage of any one tempest. Epidemics, by some unknown law, have their times and places ; and though their existence any where may sometimes awaken anxiety everywhere, they do not wrap the whole world in gloom at the same moment. Those who are about to close their eyes on all earthly scenes need not, as we humbly conceive, to despair of the fate of their descendants. There is hope enough that their country will go on as well as the lot of humanity will permit. Certainly, such hope should be cherished; for when the present institutions are broken up, no power but that which can still the face of ocean, can compose the political and social relations of Americans anew, in any similitude to rational freedom. Boston, Nov. 1, 1834. BIOGRAPHICAL SKETCH OF THE LATE HON. WILLIAM SULLIVAN. John Sullivan, a gentleman of liberal education and of culti vated manners, about the year 1730, came from Ireland, and settled at Berwick, in the District of Maine. The ship in which he crossed the ocean, was driven by stress of weather into some port on the coast of Maine, so that he fixed his residence in that part of the country, more from accident than design. He lived in a retired manner, devoting his time to the education of his children, his two sons, and died at the advanced age of one hundred and five years. These two sons, a third having died, survived him. They were named George and James. George, the elder of the two, was afterwards a major-general in the Revolutionary army, and, at successive periods, President of New Hampshire, and Judge of the District Court of the United States. He died leaving one son, the late Hon. George Sullivan, for many years attorney-general of that state, who departed this life on the 14th of June, 1838, at Exeter, N. H., in the 65th year of his age, leaving two sons. For a more minute sketch of his life, the reader is referred to the obituary notice contained in the July number of the Law Reporter, 1838. James, the other son, was born at Berwick, April 22d, 1744. He was educated by his father, and under the guidance of his elder brother pursued the study of the law. A biographical no tice of him may be found in the LI. Letter of this work. He 3 26 BIOGRAPHICAL SKETCH. died while Governor of Massachusetts, Dec. 10th, 1808, leaving five sons and one daughter. The eldest son died. William, the author of these Letters, was the second son. William Sullivan was born at Saco, in the District of Maine, on the 12th of Nov., 1774. He was fitted for college under the care of the Rev. Dr. Phillips Payson, of Chelsea, near Boston, at a period when it was customary for clergymen to receive the sons of gentlemen into their families to initiate them in the rudiments of classical learning. He entered Harvard University in 1788, and was graduated with the first honors in 1792. He afterwards studied law in the office of his father, and was admitted to the bar at the July Term of the Court of Common Pleas for the County of Suffolk, Mass., in 1795. During this year he made a visit to Philadelphia, and here formed acquaintance with many of those who subsequently rose to the highest distinction in the country. Many of the reminis cences recorded in these Letters were derived from this visit, and were made from personal knowledge and observation. On his return to Boston, he became engaged to Miss Sally Swan, whom he subsequently married. After his marriage he devoted himself most arduously to self-improvement and to his profession. It was his habit to rise at four o'clock in the morning, and to apply his attention to the study of languages and literature, until the hour for business called him to his professional duties. He thus ac quired that taste for intense application, which never deserted him during his laborious life, and led him gradually into those seden tary habits which undoubtedly conduced to shorten his days. He commenced his professional career at a most fortunate period, when the fide of prosperity, which had been turned by war from the Old World, had begun to rise in this. Everything was comparatively new and exciting. Wealth rolled into the country through the channels of commerce, which the intelligent and far-sighted judiciously invested, and built up those princely fortunes, iii some instances still to be seen, but which may not, perhaps, soon again be equalled. Possessed of capacity and BIOGRAPHICAL SKETCH. 27 industrious habits, combined with graces of manner and person, Mr. Sullivan soon became a favorite with the prosperous mer chants of that day. Liberality was the spirit of the times ; patron age was mutual, and professional services were more highly valued, certainly more liberally rewarded then, than they are at present. The profession was not so numerous, northe competition so great; and its members, uniting a sense of honor with respect for merit, not only rose above the low arts of undermining and supplanting, but awarded to learning and talents their just and appropriate meed. Mr. Sullivan, having inherited a munificent and hospita ble spirit from his father, who was equally distinguished for talents and laudable ambition, had the power, at an early period of his professional career, and the taste, to impart to social inter course a full proportion of its zest and attractions. He habitually entertained his friends, and the strangers visiting Boston, in the mo.st liberal and hospitable manner. He never allowed his pro fessional duties, multiplied and arduous as they were, to interfere with a proper attention to the social obligations of life, which he ever held to be as imperative as his duties to his clients. It is a great pity that this spirit and devotion to social, intercourse have been permitted to languish among the professional men through out this country. There is a cause for this change, but it may not be appropriate to this sketch to discuss it. The fashion of the present day lamentably exacts a splendor and display in en tertainments, which far exceed the means of all except the opu lent. The heart, in its liberal sense, has been sacrificed to gaudy exhibitions of the purse, which only serve to awaken the vilest passions of envy and low ambition. The author of these Letters was six feet tall, very erect, and in his gait dignified and reserved. No one, saving his own family, ever approached him familiarly. His manners were those of the old school, now almost extinct, and he could more deeply wound with a formal bow, than many men, less dignified, with a blow. He used to say, that dignified civility, based upon self-respect, was a gentleman's weapon and defence. In private life he was 28 BIOGRAPHICAL SKETCH. the most devoted of husbands, and the most affectionate of fathers. He delighted to have his family about him, and to see them happy. Oftentimes he would steal an hour from his professional duties, to remain after dinner with his children at the table, where agreea ble conversation, song and anecdote softened the cold realities of life and united more closely the natural ties of affection which bound his circle together. He was attentive to the education of his daughters, and many of his works were originally written with a particular view to their instruction. A gentleman, intimately ac quainted with the author, in speaking of him, said, "His manners among his friends and intimate associates were very delightful. He was not forgetful of himself, nor unaware of his talents for conversation ; but his habitual kindness of feeling, and the natural nobleness of his character gave him, in a very unusual measure, the power of calling out from his guests whatever there was in them, which was most interesting; and many a person has left his table with the feeling, that although he might elsewhere have seen men who talked more, he had never been himself so agreea ble. Mr. Sullivan never forgot a friend, nor failed to requite, with ample interest, any kindness. He considered the relatives of his friends as having claims upon his attention, and measured their claims by that high standard, so riearly allied to the perfect Christian, — not what was really due them, but what they might be expecting, or hoping, that he would consider due. He accord ingly sought out, and was constantly entertaining at his table, or in the charming evening parties which he gathered in his parlors, persons from various parts of the country, whose only claims to this notice was some slight attention paid, perhaps many years before, to Mr. Sullivan or to some of his friends." His habits were simple and regular. He possessed extreme pride of cha racter, and never deviated from a certain course of conduct and demeanor, which secured to him the esteem of friends, and the respect of all who came in contact with him, both in public and in private life. He was a strictly moral man; and was in early life, and so continued to be, a member and communicant of the BIOGRAPHICAL SKETCH. 29 Stone Chapel, formerly the King's Chapel, the first Episcopal Church of Boston ; nor did he leave that church, Avhen, under the pastoral care of the late Rev. Dr. James Freeman, it became the first Congregational Unitarian Church of the world. The fruits of his belief in Christianity were visible, not only in his social intercourse, and in his public career, but in those secret charities, which remained unknown, until the widows and orphans, whom he had privately succored and aided, after the announcement of his death, came to pay their last tribute of tears and gratitude to the remains of their benefactor. The author of these Letters lived during the most exciting political period our country ever saw. It can scarcely be con ceived now, to what extent a difference in political opinions estranged men, who had been intimately associated theretofore. It was a period of great interest. The foundations of the old European governments were disturbed and broken up. Many sources of contention existed between England and this country, while our relations with France, then undergoing the change of new systems, became from time to time threatening and severe. At home, the country was divided into two great political parties, the Federalists and the Democrats, whose zeal for their respect ive causes engendered the bitterest feelings of animosity, particu larly in the New England States. The administration of George Washington had been succeeded by that of John Adams, who certainly disappointed the Federalists in many respects; this administration was followed by that of Thomas Jefferson, whose whole course exhibited the most determined and settled hostility to all Federal measures, and to that view which the Federalists took of the constitution, as contemplated by its framers. While Jefferson's adherents warmly upheld and defended the principles and doctrines promulgated by their leader, the Federalists as warmly denounced and condemned them. All was excitement. Mr. Sullivan was a Federalist, his father a Democrat. This variance of political creeds threatened for a time to disturb their intercourse permanently; but reflection soothed the rancor of 3* 30 BIOGRAPHICAL SKETCH. partisanship, and they were saved from such distressing conse quences. He, being a prominent person of the party, was brought into contact with all the best men among the Federalists, and although he never appeared in Congress as their champion, being obliged to decline successive invitations to be a candidate, owing to duties that detained him at home, yet he was their counselor and friend, and to judge from the words of the living, and the letters of the dead, was much esteemed and respected by them. The war with its embargo under Mr. Madison's administra tion fell so oppressively upon New England, that the majority of the people were forced to do something towards alleviating the general distress. The Federalists were, and had been opposed to the war, and to them all eyes were turned for some remedy, — some step of a public character, expressive of disapprobation, as well as remedial of the universal ruin of Madisonian measures. The Hartford Convention was the result. That convention, so frequently condemned by politicians who know not even the origin of Federalism, much less the designs of the men compos ing that honorable body ; that convention, consisting of the purest patriots, the ablest statesmen, and the most disinterested of men, was intended only as a meeting, at which the views of the States respectively should be heard, and such steps adopted as were best calculated to bring relief, or, at least, to make known to the general government what the wants of New England were. If calm deliberation upon the public condition of a portion of the country, oppressed by certain measures of the government, be treasonable, then is Liberty robbed of her choicest blessing, and Freedom of her only shield. Of that convention Mr. Sullivan was not a member, but he was cognizant of all preliminary and subsequent measures, and was sent with Harrison Gray Otis and Col. Thomas Handyside Perkins, as a committee from Massa chusetts, to bear to Washington the protests and resolves of the legislature, based upon the convention's report. Mr. Sullivan, in the year 1803, pronounced the oration on the BIOGRAPHICAL SKETCH. 31 anniversary of our national independence at Boston. The im pression he made on the occasion led to his election in 1804, as Representative of the city in the General Court ofthe State. He remained in the legislative halls, sometimes as senator, sometimes as representative, and at other times as member of the executive council, until the year 1830. During these years he was fre quently solicited to become a candidate for congress, but he inva riably declined a nomination, owing to his duties at home. As a politician he is universally believed, and by many known to have been as pure as man can be. His attachment to his party was the result of mature deliberation and pure patriotism. He dreaded to the last the dire results of Jeffersonism ; not from any party rancor, but from a conviction, that unless checked by the sober second-thoughts of the people, they would divert the objects of the constitution. He feared the people, while they could be so easily guided and influenced by leaders, whose selfish interest in the success of party, would tempt them to deceive and blind their constituents. But it was only while they were ignorant, and, in consequence of their ignorance, liable to become the blind instru ments of wily demagogues, that he had any fear of the action of the people. He had confidence in an educated and intelligent people; and he clearly saw that the permanence of our institu tions, and much more, our advancement in what constitutes the real greatness of a nation, must depend on the education, the intelligence and the virtues of the mass of those who held the power. During all the latter part of his life he was, therefore, warmly and actively engaged in popular education; to its fur therance he gave a great portion ofhis time, and it is a prominent object of several of his publications. One object of these Letters was to exhibit the evil of blind partisanship. The ambition for political distinction too often diverts the young lawyer from the study and pursuits of his profession. In this country, the necessity of the case compels him, in most instances, to commence practice before he has acquired an exact and pro found knowledge of its principles. But the taste for study is too 32 BIOGRAPHICAL SKETCH. often lost amidst the political strife of party. This, however, was not the case with the author. He devoted himself most assidu ously to his profession, and became an able, well-read lawyer. Not only was great trust deservedly reposed in him, but in many cases he was entitled to the praise of eminent ability. Few exceeded him in research, none excelled him in thorough, con scientious preparation of his causes. His name is of frequent occurrence in the volumes of the Massachusetts Reports. His argument for the claimants in the case of the Jeune Eugenie, before the Circuit Court of the United States at Boston, December, 1821, reported by Mr. Mason, and published in his Reports, is a favorable specimen of his ability and research. His eloquence was interesting and persuasive, always graceful and subdued; but he never was of the highest order of advocates, like Samuel Dexter, as represented to have been, among the dead, and Daniel Webster, who still lives to adorn the senate chamber of the nation, as well as the bar. Although, at a late period ofhis life, Mr. Sullivan relinquished the practice of the law, yet he failed not to take a deep interest in what concerned the honor of the profession. He was for many years engaged in establishing rules to regulate the social and professional intercourse of the Bar of Suffolk. He was for many years their President, and presided, also, over the Social Law Library Association, which was formed under his auspices. He presided at their meetings, whether for social enjoyment or for business, with a grace and dignity, which always inspired the members with mutual respect and courtesy. In 1824 he pro nounced their anniversary discourse, in which he gave a minute history of the origin and growth of the profession in the State of Massachusetts. It was published. He was one of the committee with the present Chief Justice Shaw, who prepared the charter for the city of Boston. Believing, as he did, that a well-regulated militia is the defence and ornament of a republican government, and that, with the decline of military discipline, the people lose much of the spirit of liberty, he consented to accept the office of BIOGRAPHICAL SKETCH. 33 Brigadier-General of the militia, in order to sustain its failing honor. His example and talents produced salutary effects, still visible throughout his State. His style of writing was simple and clear, full of anecdote, and oftentimes conversational. His fugitive pieces to newspapers, journals and reviews were very numerous. He delivered many courses of lectures before the charitable institutions and literary associations of his native city, for the improvement of their mem bers, and with the design to cultivate, as far as he could, a taste for science and literature among the young. He delivered the discourse before the Pilgrim Society at Ply mouth, December 22d, 1829, which was published. He delivered the discourse before the Massachusetts Society for the Suppression of Intemperance, May 23d, 1832, which was published at the request of the Society. This discourse contains a brief history of the Society, which was formed in 1805, under the name of the " General Association in Massachusetts," and was the first step in the great temperance reform. Samuel Dexter, that gifted citizen and distinguished lawyer, was the first President, and warmly aided the cause untiPhis death. In January, 1837, Mr. Sullivan published an exceedingly valuable book, addressed to the Rev. Ed. T. Taylor, minister of the Mariner's Church, Boston, at whose request it was made known through the press. It is entitled " Sea Life ; or what may, or may not be done, and what ought to be done by Ship owners, Shipmasters, Mates and Seamen." It was highly spoken of, and did much to reform the condition of seamen in Boston. The Rev. E. T. Taylor, well known as "the sailor's parson," was first brought into notice by the author of "Sea Life," &c, who chanced to hear his voice from the Bethel, while passing in the street, and was led by curiosity to listen to his discourse. The natural and stirring eloquence of Taylor, addressed as it was to sailors, induced Mr. Sullivan to think that his preaching might be made serviceable in ameliorating the seaman's condition, which had been long neglected and unheeded. Assisted by a 34 BIOGRAPHICAL SKETCH. few gentlemen, as philanthropic as himself, he succeeded in bringing this Bethel into notice, and by a proper perseverance, finally had the gratification of beholding a large church of solid materials erected for Taylor and his sailors, and a society formed for their protection against "landsharks," and the fearful excesses of vice and intemperance. Much of the present reformation and amelioration of the mariner's condition in the port of Boston, was owing to the exertions of the author, which were made without ostentation, and from pure motives. During the last ten years of his life Mr. Sullivan declined pro fessional engagements, being only counselor for some few insti tutions, who were unwilling to resign their accustomed adviser. Industrious from long habit, he could not remain idle, and devoted himself, therefore, to studies purely moral and historical. He applied himself with the ardor of youth, and studied usually from 12 to 14 hours daily. To an intimate friend, who expressed his surprise and regret that he had relinquished his profession, he rephed : " I believe I mistook, in my selection of a profession, the course most favorable to my happiness ; for I have never been conscious of real enjoyment, or of the true bent of my talents, if I have any, until I devoted myself to literature." He published several works of a more permanent character than those above mentioned : 1. " The Political Class Book ; intended to instruct the higher classes in Schools, in the origin, nature, and use of Political Power." This was published in 1831, was subsequently trans lated into the French and Italian languages, and passed through many editions. 2. "The Moral Class Book, or the Law of Morals; derived from the created universe, and from revealed religion. Intended for Schools." This was republished in England, and an able review, in speaking of it, says : " The American and British public have umted in pronouncing this the best manual of moral philo sophy ever prepared for young minds." It was publi,shed in March, 1833, and has passed through several editions. BIOGRAPHICAL SKETCH. 35 3. " Historical Class Book ; (part first) containing sketches of history, from the beginning of the world to the end of the Roman Empire in Italy, A. D. 476." This was published in July, 1833, and was introduced into schools. 4. In 1834 the present work was published, but it has since been much enlarged, and some alterations made in the chronolo gical order of events. 5. "Historical Causes and Effects, from the Fall ofthe Roman Empire, 476, to the Reformation, 1517. Published in Novem ber, 1837." This work was intended as a continuation of the "Historical Class Book," but the author pursued somewhat of a different course from that of the " part first." He herein describes the geographical position of countries, ascertains the relative situa tion of celebrated cities of antiquity, and while attentive to dates, and to the progress of history, he marks strongly the different eras, and the renowned actors, with more or less brevity, as suits his convenience, and his opinion of their influence. Occasionally he leaves the series of events, to indulge in more ample discussion. The reader will find in this work a valuable account of the feudal system; a condensed view ofthe usurpations and triumphs ofthe papal authority ; sketches of the origin and progress of the canon and civil law, with illustrations of the advancement of arts and literature, and of struggles for political freedom in different ages and nations. The work displays learning and research, and is an evidence ofthe laborious habits ofthe author. It was his intention to have published another volume, in which he proposed to treat of causes and effects of European nations, and their colonies, up to the present time. He did not live to complete this undertaking, but he left the manuscript of a part of this volume, which may hereafter be extended and given to the world. During the short portion of his life which he devoted to literary efforts, Mr. Sullivan effected much to elevate his own reputation, and to instruct society. He was ambitious to effect more, but his health and constitution, by nature robust and powerful, suf- 36 BIOGRAPHICAL SKETCH. fered from late vigils and lack of exercise, and he fell a sacrifice to protracted labor, which had engendered a mortal and most painful disease. He died on the 3d of September, 1839, aged 64 years. His remains were committed to their final resting-place, the family tomb, in Boston, without pomp or funeral display, in compliance with his own wishes. His children and nearest relatives alone followed him to the grave, saving a few friends, who voluntarily joined the mourning family, in paying the last tribute to private worth and public virtue. Mr. Sullivan was a Fellow of the American Academy of Arts and Sciences ; member of the American Philosophical Society ; ofthe Massachusetts Historical Society; honorary member of the Historical Society of Pennsylvania; of the Georgia Historical Society; of the New York Historical Society; of the Academy of Letters, Sciences and Arts of the Valle Tiberina Toscana. Har vard University conferred on him the honorary degree of Doctor of Laws, which was the more valuable, because it was volunta rily bestowed, without solicitation, — and was richly deserved. He was President of the Society for promoting Theological Edu cation, and of numerous other societies and associations. Philadelphia, January 1st, 1847. FAMILIAR LETTERS. LETTER I. Boston, Jab.. 17, 1833. The citizens of the present day find themselves to be members of a great and growing republic. They must be members, also, of some political party, if they exercise the rights and duties of citizens. They usually become party-men, without much con sideration of the reasons for being on one side, or the other. Acci dent, imitation, or being on one side, because some one, not in favor, is on the other, are as good reasons as many can give, for the choice they make. There is a right and a wrong in all political divisions. One side may be entirely right, and the other entirely wrong. Two opposing parties may be both wrong, in proportion as they deviate from the sound principles of the constitutions under which they live. It is a dry and uninteresting employment to most young persons, to study out the origin and progress of the political institutions of this country. But if our republic is to continue, these young persons must know, in some way, how much it depends on them to accomplish its preservation. All modes of instruction must be attempted. Whether that intended, in the following pages, will be of use to that end, cannot be foreseen. It is the design to run through the prominent events, in this country, out of which politi cal parties have arisen. In 1783, and for some time afterwards, and up to the time of 4 38 FAMILIAR LETTERS the French Revolution, there were distinctions in society, now unknown. They were the remnants of the colonial relations. Persons in office, the rich, and those who had connections in England, of which they were proud, were the gentry ofthe coun try, before the war. Modes of life, manners, and personal decora tion, were the indications of superiority. The commencement of hostilities drove a large portion of this gentry from the colony; but these indications continued among some who remained, and adhered to the patriot side. There was a class of persons (no longer known) who might be called the gentry of the interior. They held very considerable landed estates, in imitation of the landholders in England. These persons were the great men in their respective counties. They held civil and military offices, and were members of the general court. This sort of personal dignity disappeared before the end of the last century. The long continued and impoverishing war had brought very serious embarrassments, public and private. One mode of relief after the war ended, was to engage in commerce. The commer cial part of the community who had means, (and some of them were wealthy from privateering,) and all who had credit in Eng land, engaged in importing English manufactures. This traffic drained the country of specie, and introduced articles of luxury, which the inhabitants needed not, and for which they contracted debts which they could not pay. Embarrassments were increased from such causes. Importations were discountenanced, and those who made them, not only made bad debts, but attracted public odium. The usual consequences of such mistakes followed. There were insolvencies, and prosecutions. These new and improvident contracts were but a small item in the causes of general distress, after independence was secured. These were far more serious and durable, as they involved public, as well as private credit. The United States owed the heavy debt of the war. Besides this national debt, the states, separately, had contracted heavy debts of their own in carrying on the war. Towns, also, had contracted ON PUBLIC CHARACTERS. 39 debts in furnishing men, and necessaries for the army, especially in Massachusetts. Individuals owed large sums, the interest of which had been accumulating during the war. In the planting states of the south, very heavy debts were due to the English. These necessarily slept through the war. When the courts of justice were again opened, and undisturbed by military movements, there was leisure to prosecute for debts. The utter inability to satisfy judgments in money, induced some of the state legislatures to enact, that debtors might tender any personal property, at an appraisement, in satisfaction. Thus a seaboard creditor might recover a judgment against a debtor in the country, and instead of being paid in money, or by the seizure and sale of personal property, any country produce might be tendered, which, not being convertible into specie, was of no value to him. This legal provision is supposed to have occasioned the prohibitory clause in the United States constitution, that no state should pass any law impairing the obligation of contracts. If this was so, the application of this clause has been extended far beyond the original design, but, undoubtedly, with most reasonable and just effect. The complaining and dissatisfied, of the present day, may have some sympathy with their predecessors immediately after the war, who were not sufferers from wanton acts of rulers, but from ne cessary and inevitable consequences of having obtained their freedom. The paper currency had sunk to be almost nominal. Of specie there was but a small amount. Congress earnestly be sought of the states their proportion of the sums which the Union owed; state creditors were importunate, and private debtors were1 vigorously pursued. Massachusetts had stood forth, foremost of all the states ; and, at the close' of the war, she had furnished one- third of all the effective force in the national service. This state owed, as its proportion of the national debt, five millions of dol lars. It owed on its own account, and not as a member of the Union, $4,333,333. It owed to the soldiers and officers, which it had sent into the war, $666,666, making ten millions of dollars. 40 FAMILIAR LETTERS The resources of the state, to pay so much of this debt as was immediately payable, were only the revenues derived from importa tion, in the low state of commerce ; and direct taxation on estates, and' polls of persons overwhelmed with embarrassments; and when the whole number of polls in the state did not exceed ninety thousand. LETTER II. Jaw. 20, 1833. In October, 1784, Massachusetts assessed a tax of one million four hundred thousand dollars, on an impoverished, distressed, and disheartened people. This tax, together with the number of civil suits instituted by private creditors, brought on a state of high excitement. In looking over the records of this time, it will be seen, that one lawyer instituted an hundred actions at one court. Lawyers were associated with the general distress, and were considered to be principal causes of it, merely from the per formance of professional duties. In our own time, so strongly contrasted with those immediately after the war, we hear of pro positions and efforts to diminish the expenses of administering justice. At that time the newspapers abounded with severe re proaches of the profession ; but as these measures produced no relief, while the courts were open, the acrimony against lawyers was soon transferred to the courts. In different parts of the state, armed combinations arose, for the purpose of preventing the setting of the courts, and this object was effected in many of the counties. The militia were called out to suppress these insur rections; but there was no reliance to be placed on their aid, as no small proportion of them, if not among the insurgents, were among the disaffected. At length it became necessary for the government to declare that a rebellion existed, and 4,400 men ON PUBLIC CHARACTERS. 41 were raised to suppress it. The command of this force was given to Major General Lincoln, whose conduct in the execution of this trust will be hereafter mentioned. Among the deep impressions of early days is that of the great excitement which existed at that time, and which occupied every bosom. It was expected that the insurgents would march to Boston, and attempt to liberate certain state prisoners there. All the young men were under arms and ready to be called into real ser vice. They wore the garb of soldiers daily, and held themselves prepared to march at the shortest notice. It fell to the lot of James Bowdoin to be Governor of the Com monwealth at this period. John Hancock, whose personal appear ance and character will be delineated in some future page, had been governor from the adoption of the constitution in 1780. In January, 1785, he unexpectedly resigned. Whether he foresaw the rebellion, and chose to escape the responsibility of encounter ing it officially, or whether he considered himself too infirm to continue in office, may be questionable. The latter cause was assigned, and was a sufficient one. His successor, Bowdoin, was not chosen by the people, but he had the highest number of votes, and was constitutionally chosen by the senate. This is the only instance of the failure of an election, by the people, from 1780 to 1833. In the month of November, 1785, it was feared that an attempt would be made to prevent the sitting of the courts in Middlesex county, and a large number of troops were assem bled at Cambridge, under the command of General John Brooks. Governor Bowdoin went to Cambridge to review them. He had no military experience himself, and was not mounted. He stood on the court-house steps. His appearance and dress, as the troops passed by him, are well remembered. He was then about fifty- eight years of age. He was a tall, dignified man in appearance. At the time of this review he was dressed in a gray wig, cocked hat, a white broadcloth coat and waistcoat, red small-clothes, and black silk stockings. His face was without color, his features rather small for his size, his air and manner quietly grave. 4* 42 FAMILIAR LETTERS During the two years he was in office, the scenes of the rebellion occurred. He conducted himself with great discretion and firm ness. It was said, that he was very well advised; and was confirmed, by able men, in the opinions which he sustained under very trying difficulties.* From a recent perusal of his official communications to the legislature, he appears to have been go verned by a high sense of duty, and by an enlightened perception of what his duty was. Bowdoin was naturally a man of feeble health. He had been chosen as delegate to the first congress, but was unable to attend, and Hancock was chosen in his place. Bowdoin had the reputation of being a man of learning. He was the principal founder of the American Academy of Arts and Sci ences, and its first president. Dr. Samuel Cooper, minister of Brattle Street Church, was the first vice-president. Bowdoin was an honorary member of several literary and scientific societies. The only writings of this gentleman, except his official papers, while in the office of governor, may be found in the first volume of the American Academy's publications. Bowdoin's dignified and effective administration ought to have secured to him the entire confidence and gratitude of the people. This, as will be shown, was far otherwise, and after two years' service, another was elected in his place. He took no further part in public affairs. His private character was that of a strictly moral man ; rather adapted to a tranquil, than to an ardent and active life. He died in the year 1790, at the age of sixty-three. He was buried with military parade, conducted by the company of Independent Cadets, which was renovated during his magis tracy,, and is now in possession of a standard presented by him. He had an only son (who left no child) and three daughters. His place of abode was the Bowdoin House, still remaining in Beacon Street, f * Lincoln, Heath, Brooks, Hull and others, are supposed to have been his ad visers. He consulted such men, in whose judgment and patriotism he confided, and adopted, and executed their advice with fearless promptitude. t Since torn down, to make room for improvements. ON PUBLIC CHARACTERS. 43 LETTER III. Jaf. 24, 1S33. The most accurate account ofthe insurrection in Massachusetts, is Minot's. It is also treated of in Bradford's respectable History of Massachusetts, second volume. All the notice of this event, which the present purpose requires, in showing the train of occur rences, may be comprised in a short space. The frequent popular meetings, and the prevention ofthe sitting of the courts, having made it necessary to exert the power of the government, Gen. Lincoln, as before mentioned, was appointed to the command of a force, which he conducted to Worcester, in January, 1787. The arrival of these troops at that place enabled the court to hold its session there undisturbed. The insurgents concentrated their forces in the neighborhood of Springfield. Luke Day was at the head of about 400, and Daniel Shays at the head of about 1100. The latter had been an officer in the continental army. General William Shepherd, afterwards a mem ber of Congress, had the command of about 1100 of the militia of the county of Hampshire. Shays was on the east side of Springfield, and Day on the westerly side of it. Shepherd, sup posing it to be Shay's object to possess himself of the arsenal there, posted his troops for its defence. Lincoln directed his march from Worcester to Springfield. Shays, knowing of the approach of Lincoln, found it indispensable to attempt the defeat of Shepherd before Lincoln could arrive. Relying on the aid of Day, on the western side, Shays approached Shepherd's position on the afternoon of January the 25th. When they had come within a short distance, Shepherd sent messengers to them de manding to know their purpose, and warning them of their danger. Shays answered, that he meant to have possession of the barracks. Shepherd replied to him, that he was posted there, by order of the 44 FAMILIAR LETTERS government, and of Congress; and that if Shays came any nearer, he and his body of men would be fired upon. He was answered, that was what was wanted. The insurgents were within 250 yards of Shepherd's line ; and when they had advanced an hun dred yards further, Shepherd ordered two cannon to be fired, but, unwilling to shed the blood of his deluded fellow-citizens, caused the shot to be thrown over their heads. This measure not having intimidated them, as he hoped it would, his guns were then pointed to the centre of their column and discharged. A cry of murder was heard in the ranks of the insurgents, and they immediately fell into such confusion and terror, that their leader's efforts to display his column, and lead on to battle, were all in vain. His men immediately retreated to Ludlow, about ten miles from the place of action, leaving three of their men dead and one wounded. {Minot's Hist. Insur,, 111.) Shepherd remained at his post, in constant expectation of a renewed attack from the united force of Shays and Day; and of Eli Parsons, who led about 400 men from Berkshire. He had reason to believe that the advantage of attacking him before the arrival of Lincoln's troops would not be lost. But at noon on fhe 27th he had the satisfaction of seeing the approach of Lin coln's troops, consisting of four regiments, three companies of artillery, a company of horse, and another company who were volunteers. Hardly stopping to rest, General Lincoln led a de tachment across the frozen river, to attack Day ; while Shepherd moved up the river to prevent the junction of Day and Shays. Day's party were put to flight and escaped to Northampton. The party of Shays retreated to Amherst, destitute of all provision, except that obtained by plunder. Lincoln followed in the same direction, but finding that Shays had gone from that place, and that his troops could not be sheltered from the excessive cold nearer than at Hadley, he marched thither. While at this place, Lincoln was informed that Shays had posted himself at Pelham hills, and he thought proper to address a letter to him, and his officers (on the 30th of Jan. 1787) of a firm, and ON PUBLIC CHARACTERS. 45 dignified, but humane character, informing them that if they laid down their arms, and took the oath of allegiance to the Common wealth, they would be recommended to the General Court for mercy. On the same day Shays replied, that he desired hostilities to cease, until an answer could be received to a petition then on its way to the General Court. To this communication Lincoln replied on the 31st, "Your request is totally inadmissible, as no powers are delegated to me which would justify a delay of my operations. Hostilities I have not commenced. I have again to warn the people in arms against the government, immediately to disband, as they would avoid the ill consequences which may ensue, should they be inattentive to this caution." The petition mentioned by Shays, and the intelligence received from Lincoln, induced the legislature to declare the existence of an open rebellion on the 4th day of February, 1787. On the third of February the insurgents were retreating towards Peters ham. Of this fact, Lincoln had notice at three o'clock on the same day; but it was not made certain till six o'clock. Notwith standing the severity of the weather, and the disadvantage of a night march, he gave orders to his troops to be ready, with three days' provision, at eight o'clock, at which time he departed in pursuit. When they had arrived at New Salem, about two o'clock in the morning, a violent wind from the north arose, severely cold, and accompanied by a snow-storm, which obstructed the path. There was no place for shelter, or refreshment ; and as the intensity of the cold made it hazardous to stop in the road, for any purpose, there was no alternative but to pursue their disheartening march, which could terminate nowhere but in the quarters of the enemy. Thus, their march was prolonged to thirty miles, in the night time, not a little resembling the retreat of the French from Moscow. At nine next morning Lincoln's front was at Petersham, his rear five miles distant. This was the favorable moment for the insurgents. They had passed the night in comfortable quarters, and were in full vigor, and could easily be embodied, and conducted to action, against 46 FAMILIAR LETTERS an exhausted force, of which only the front had presented itself. But Lincoln's flanks being defended by the depth of snow, and there being no approach but in the path in front, and having guarded this by placing his artillery in front, he advanced with the certainty of success. The first notice which the insurgents had of Lincoln's presence, was from the entrance of the advanced guard among them. The surprise was complete. Their minds were directed to this won derful achievement, and not to the advantages which they might have had over those who had performed it. Men who are conscious of being engaged in punishable acts, must be assured of superior strength, or driven to desperation, in contending against others who move under the impulse of duty. Their courage abandoned them ; they instantly fled, thinking only of personal safety. One hundred and fifty were taken. The remainder escaped into neighboring states. LETTER IV . Jan. 27, 1833. Notwithstanding the energetic measures of Bowdoin in sup pressing the rebellion, the attention of the people was again turned to Hancock. He was always the popular favorite, and it was hoped, by those who sought relief from the public burdens, that more was to be expected from him than from Bowdoin. Many who had been, in principle, opposed to rebellious measures, and those who promoted them, or were engaged in them, uniting in favor of Hancock, constituted a majority ofthe electors. In these early days it. was suggested and believed, without any justifiable cause, that Bowdoin had English partialities ; because an English- ON PUBLIC CHARACTERS. 47 man, who bore a title, had become his son-in-law.* Hancock having been elected, continued governor until his death, which occurred in October, 1793, at the age of 56. Hancock will be considered in the history of our country, as one of the greatest men of his age. How true this may be, dis tant generations are not likely to know. He was the son of a clergyman in Braintree, and was educated at Harvard College, and inherited a very ample fortune, from his childless uncle. Hancock left no child. He had a son who died at an early age from an accident. Hancock was sent as a delegate to Congress in 1775, as before mentioned, and in consequence ofhis personal deportment, and his fame as a patriot, he was elevated in an assembly of eminent men, to the dignity of President, which office he held when the Declaration of Independence was signed, at which time he was only thirty-nine years of age. In June, 1782, Governor Hancock had the appearance of ad vanced age, though only forty-five. He had been repeatedly and severely affected with the gout, a disease much more common in those days than it now is, while dyspepsia, if it existed at all, was not known by that name.f As recollected at this time, Gov. Hancock was nearly six feet in stature, of thin person, stooping a little, and apparently enfeebled by disease. His manners were very gracious, of the old style of dignified complaisance. His face had been very handsome. Dress was adapted quite as much to be ornamental as useful. Gentlemen wore wigs when abroad, and, commonly, caps, when at home. At this time, (June, 1782,) about noon, Hancock was dressed in a red velvet cap, within which was one of fine linen. The latter was turned up over the lower edge of the velvet one, two or three inches. He wore a blue damask gown, lined with silk ; a white stock, a white satin embroidered waistcoat ; black satin small clothes, white silk stock- * Sir Grenville Temple. f It may be that the very general practice of drinking punch in the forenoon and evening, by all who could afford it, was the cause of the common disease of gout. 48 FAMILIAR LETTERS ings, and red morocco slippers. It was a general practice in gen teel families, to have a tankard of punch made in the morning, and placed in a cooler when the season required it. Visitors were invited to partake of it. At this visit, Hancock took from the cooler, standing on the hearth, a full tankard, drank first himself, and then offered it to those present. Hancock was hospitable. There might have been seen at his table, all classes, from grave and dignified clergy, down to the gifted in song, narration, anec dote and wit, with whom " noiseless falls the foot of Time, that only treads on flowers." There are more books, more reading, more thinking, and more interchange of thoughts derived from books and conversation, at present, than there were fifty years ago. It is to be hoped that society is wiser, and happier, than it was, from being better instructed. Some persons may be of opinion, that if social intercourse is on a better footing now than formerly, it is less interesting, less cordial than heretofore. It is not impro bable that increase of numbers, and of wealth, tends to make the members of society more selfish ; and to stifle expansive and gene rous feelings. Modes of life run into matters of show and orna ment; and it becomes a serious occupation, to be able to compare condition on advantageous terms. Though Hancock was very wealthy, he was too much occupied with public affairs, to be advantageously attentive to his own private ones. The times in which he lived, and the distinguished agency which fell to his lot, from his sincere and ardent devotion to the patriot cause, engendered a strong self-regard. He was said to be somewhat sensitive, easily offended, and very uneasy in the absence of the high consideration which he claimed, rather as a right, than a courtesy. He had strong personal friends, and equally strong personal enemies. From such causes arose some irritating difficulties. He had not only a commanding deport ment, which he could qualify with a most attractive amenity, but a fine voice, and a highly graceful manner. These were traits which distinguished him from most men, and qualified him to preside, in popular assemblies, with great dignity. ON PUBLIC CHARACTERS. 49 Hancock was not supposed to be a man of great intellectual force by nature ; his early engagements in political life, and the scenes in which he was conversant, called for the exercise of his powers only in the public service. He was so placed, as not to have had occasion to display the force of his mind in that ser vice, so as to enable those of the present day to judge of it, ex cepting in his communications to the legislature. There is one exception. He delivered an oration on the massacre of March 5, 1770. If history has any proper concern with the individual qualities of Hancock, it may be doubtful whether, in these respects, dis tant generations will know exactly what manner of man he was. But as a public man, this country is greatly indebted to him. He was most faithfully devoted to the cause of his country, and it is a high eulogy on his patriotism, that when the British government offered pardon to all the rebels, for all their offences, Hancock and one other (Samuel Adams) were the only persons to whom this grace was denied. LETTER V. Feb. 1, 1833. One who has been a careful observer of political events for a course of years, well knows, that it is in these, as it is in private life, in this respect : — sometimes seeming evil results in good ; and seeming good, earnestly desired and labored for, turns to evil. This may be shown in the occurrences just mentioned. Han cock's resignation, Bowdoin's election, his defeat at the third election (1787), and Hancock's re-election, were respectively considered at the time, by the best informed men, as public mis fortunes. But if Hancock had not resigned, the rebellion, pro- 5 50 FAMILIAR LETTERS bably, would not have been suppressed. The war would have extended to other states, and we might now have been in the like condition with that of the Spanish provinces in South Ame rica. If Hancock had not been elected in 1787, it is doubtful whether the federal constitution would have been adopted in this state ; and if it had been rejected in Massachusetts, such was the respect in which this state was then held, it cannot be supposed that other states would have done differently from this. If the union of the states had not then been effected, it seems to have been admitted, that there was no hope of agreeing on any other mode of accomplishing this object ; and none, that the old con federation would long have held the states united. When Hancock succeeded Bowdoin, all the causes of the re bellion still continued. Taxes were exceedingly burdensome, and means for payment wholly inadequate. Commerce was conducted to great disadvantage, and mostly in British vessels. The im portations were of articles which the sensible men of the day considered to be, in part, unnecessary, and in part worse than useless ; and not to be had without draining the country of specie. But in the course of this year the aspect of affairs changed in some degree ; and inspired hopes that difficulties might be sur mounted. The fear of new commotions died away. The courts were no more impeded. Nine of the insurgents were tried, and condemned ; some of them escaped from prison, some were par doned ; one only was punished by commuting the punishment of death to that of imprisonment to hard labor. No blood was shed by the civil authority. Public peace and confidence in the govern ment being restored, the natural energy of New England men was turned to objects of industry. About this time, with a view to aid domestic manufactures, and to prevent importations, the state took an interest in establishing a duck manufactory in Boston, and a cotton manufactory in Beverly. For some reason, both these efforts proved abortive. The manufacture of pot and pearl ashes was much encouraged, and these became the most import ant article of export. ON PUBLIC CHARACTERS. 51 In 1788, Governor Hancock was re-elected with somewhat more of opposition than in the preceding election. When the legislature assembled, he was too much indisposed to make the customary speech. He sent a written message, which is probably the first instance of a communication in that form, at the opening of a session. In this political year there are some things worth noticing. Hancock made a persuasive appeal to the legislature, to provide by law for public schools, and for suitable instruction. Notwith standing the general poverty and distress, laws were enacted, and carried into effect. Ability to establish the means of educa tion, indispensable to a healthy state of society, and to the pre servation of a republican government, are now abundant; but in proportion to the increase of this ability, solicitude to apply it profitably seems to have decreased. It is a just ground of com plaint, that the interests of education, so far as they are confided to the care of 'the state, are not sufficiently regarded. In 1788, Benjamin Lincoln, who commanded the troops in the rebellion, was chosen lieutenant-governor. He had acquired the highest respect and esteem, not only on that occasion, but for his services in the revolutionary war. It is not easy to assign the true cause for Hancock's treatment of Lincoln. At that time, Castle William, now Fort Independence, belonged to the state. The perquisites of the command at this place, were equal to an annual salary of one thousand dollars. The lieutenant-governor had always been appointed to this command, and had received no other compensation than these perquisites. Hancock did not give the command to Lincoln, but exercised it himself, and actu ally resided at the castle, whenever it suited his convenience. The reason for not appointing Lincoln was not disclosed; and there was no reason apparent to the public. It can be accounted for only by knowing what opinions and feelings Hancock could entertain, and how pertinaciously he could adhere to them. The legislature interposed, and requested to know why Lincoln was not appointed to the command of the castle. Hancock evaded 52 FAMILIAR LETTERS the inquiry, and intimated, that he was himself the proper judge of the time when the appointment was to be made. The legis lature provided a salary and the appointment was not made. This conduct materially affected Hancock's popularity, but not to the extent of defeating his election in the ensuing year. Something may be inferred of the true character of Hancock from this trans action ; for no man could be more deserving of confidence and respect, in public and in private, than Lincoln. Hancock's mo tives can only be conjectured. In 1789, President Washington visited the eastern states. He travelled in a post-chaise with four horses; he was accompanied by Major Jackson, official secretary, and by Tobias Lear, his pri vate secretary ; and attended by his famous man Billy, who makes a conspicuous figure in the forged letters. A disagreement arose between the Governor and the Town's Committee, to which of them belonged the honor of receiving the President at the line of the town. From this cause there was a long delay, during which the President was exposed to a raw northeast wind, by which exposure he was visited by a severe cold. Many other persons were ex posed and affected in like manner, and the affection became so general as to be called the Washington influenza. He came in on horseback, dressed in his old continental uniform, with his hat off. He did not bow to the spectators as he passed, but sat on his horse with a calm dignified air. He dismounted at the Old State House, now City Hall, and came out on a temporary bal cony at the west end; a long procession passed before him, whose salutations he occasionally returned. A triumphal arch was erected across the street at that place, and a choir of singers was stationed there. When Washington came within hearing, he was saluted by the clear, powerful voice of Daniel Rea, who began the ode prepared for the occasion: " The conquering Hero comes." Hancock, with some feeling of state rights, had taken the posi tion that, as the representative of sovereignty in his own dominion, he was to be visited./?™*., even by the President ; who, on Hancock's own ground, is the representative of sovereignty of all the states, ON PUBLIC CHARACTERS. 53 wheresoever he may be within their limits. The President was made to understand that Hancock expected the first visit. This was not deemed proper by the President. A negotiation ensued. It ended in a refusal on the part of the President to see Hancock, unless at his own place of abode, which was at the house at the corner of Court and Tremont Streets. The delay was afterwards imputed to Hancock's personal debility. On the second or third day, Hancock went in his coach, enveloped in red baize, to Washington's lodgings, and was borne in the arms of servants into the house. The President remained here about a week, and partook of a public dinner, dined with the Governor, and attended an oratorio in King's Chapel, on which occasion he was dressed in black. On his departure for Portsmouth, he showed his regard for punc tuality. He gave notice that he should depart at eight o'clock in the morning. He left the door at the moment. The escort not being ready, he went without them ; they followed, and overtook him on the way. LETTER VI. Feb. 4, 1833. In 1774, at the suggestion of Massachusetts, a congress of delegates assembled at Philadelphia. This assembly conducted the affairs of the United States during the war until the year 1781. It was commonly called " The Congress." It was one body, and exercised legislative and executive power ; and acted in the name of the states, in the negotiations with all foreign powers. In 1781, the several states adopted articles of confederation, intended to vest such powers in The Congress as were then deemed necessary ; but they amounted to no more than power to recommend to the 5* 54 FAMILIAR LETTERS several states, the adoption of such measures as the common de fence and prosecution of the war required.* (') When the pressure of the war ceased, it was found that the powers given by the articles of confederation made Congress entirely dependent on the states. Congress could demand of the states whatsoever was necessary for the performance of its con tracts made in the course of the revolution. But the states might comply or not ; and if they did not, Congress had no power of coercion. If money was wanted, Congress apportioned the sum among the states, according to population and property. The states had then to assess on their respective inhabitants the amount demanded. When, the danger from the presence of the enemy had ceased, the states judged for themselves whether they could, and would, comply with the demand. The states began, also, to exercise acts of sovereignty among themselves, and over such acts Congress had no control. Congress could not regulate commerce between the states, nor between them, individually or collectively, and foreign countries. It could not derive a revenue from impor tations. In short, it could recommend, and this was the extent of its power. The disturbances, and consequent insurrection and rebellion in Massachusetts, alarmed all the states. General Wash ington wrote to a friend, that if such was to be the fruit of the revolution, it would have been far better to have saved the lives and the money expended. Several propositions were made to hold conventions, to consider the proper measures to be adopted. One was held at Annapolis, in Maryland, in September, 1786, but only five states were re- * It is not intended to do more than make a mere outline of historical events. Those who desire accurate information are referred to the first volume of the truly exceUent work of Judge Stout, entitled "Commentaries on the Constitution of the United States." AU the works which relate to this interesting period are there re ferred to; and his countrymen are indebted to him for an historical compilation which leaves nothing to be desired. (') For minute information on these events, the reader is also referred to Ban croft's History of the United States, which has appeared since the last edition of this work. ON PUBLIC CHARACTERS. 55 , presented. These movements led to the convention which began in Philadelphia in May, 1787, at which all the states were re presented, except Rhode Island. From this convention came the present constitution, after a long and laborious discussion, in the course of which the convention was frequently on the point of breaking up, hopeless of accomplishing anything. This consti tution was submitted to Congress, and by Congress to the states, with a recommendation that delegates from the people should meet and consider it. Hancock submitted this constitution to the legis lature of Massachusetts in November, 1787, and a convention assembled in Boston on the 9th of January following, consisting of three hundred and fifty-five members. The ablest men in the state were of this assembly. They commenced their session in the Old State House, and soon ad journed to a meeting-house, where the Rev. Dr. Channing's meeting-house now stands, whence that street has its name. John Hancock was chosen president ; William Cushing, then chief justice, vice president ; George Richards Minot, author of the History of the Insurrection, and of a Continuation of the History of Massachusetts, was secretary. An intense interest was taken in the proceedings of this respectable assembly. It was believed that, if the constitution was rejected by them, there could be no hope of having it adopted by the requisite number of states. There is no doubt that, if the question had been taken without discussion, there would have been a large majority against the adoption. Each member would have voted on his own objections, and there were some objections in almost every mind. The con stitution had been thoroughly discussed, in the most able manner, in newspapers in different parts of the states, before the conven tion met. These commentaries had been generally read. At the head of all of them are the numbers entitled "The Federalist," which were the joint work of Jay, Hamilton, and Madison, but principally of Hamilton. This work is held to be a high authority at the present day, as explanatory of the constitution. The theory and practice of mankind in government, from the earliest ages, 56 FAMILIAR LETTERS were open to discussion as illustrative of the serious measure pro posed to the American people ; and it could not be otherwise, than that the ablest men in the country should have been enlisted on the one side and the other. No one who did not live at that time, with capacity to comprehend the operation of hopes, fears, jea lousies, doubts, and perplexities, can conceive of the sober and absorbing interest which was then experienced in this community. This interest was more deeply felt in Massachusetts than in any other state, in consequence of the recent rebellion; and from this cause the zeal, both of advocates and opponents, may have been the more ardent. There are few, if any, men now living who were members of this convention. Some of them held eminent stations in public life in after times. There are not many now living who knew them personally, and of these, perhaps, there is no one who will take the labor of describing them, unless it be done in these letters. All the men who took any active part in this assembly, and who were sufficiently prominent to be objects of curiosity, will be described according to the impressions which memory retains. LETTER VII. Feb. 8, 1833. The course of discussion was, to take up paragraphs of the constitution in their order, and for each member, who saw fit, to express his opinion. The final and only question was, on the acceptance or rejection of the instrument, in whole. Elbridge Gerry, who had been a member ofthe convention, and afterwards became Vice President of the United States, as well as Governor of Massachusetts, was invited to take a seat in the convention, that he might be called on for explanations. He was so called on twice ; ON PUBLIC CHARACTERS. 57 and, on debate, it was settled, that his answers should be given in writing. This gentleman was opposed to the constitution, and so declared himself to be, in a letter addressed, to Governor Han cock before he came home. Mr. Gerry was a man of middling stature, and thin person, of courteous manners, and gentlemanly appearance. He took an active and zealous part in the revolution. His public transactions are recorded in different forms, and to these reference is made to satisfy curiosity, as to his ability and his usefulness in public services. The first important debate that occurred in the convention, was on the election of representatives for two years. Fisher Ames distinguished himself in this debate. He was then about thirty years of age, and had been known as a writer on the politics of the day. His speech, on this occasion, placed him in an emi nent rank as a statesman and orator, which he made still higher and higher as long as his public life continued. No man has ap peared in this country, who took a deeper interest in its prosperity and honor; and it is not an easy matter to point out his superior, in comprehensive and just views, or in ability to display them, whether in speech or writing. It is said that the eloquence ofthe tongue and the pen do not often occur in the same man ; he was alike eminent in both. The constitution having been adopted by nine states in the course of the year 1788, the first elections under it occurred in the autumn of that year. Mr. Ames was sent to Congress, and remained a member during the whole of Washington's adminis tration. He made many elaborate and able speeches. There is a test of congressional excellence in the general sentiment which the public acquire, not from the hearing, or reading, of speeches, by each one who pretends to an opinion, but by a community of sentiment, of which friends and foes admit the correctness. Thus, there are thousands who know that Mr. Ames was an eloquent statesman, who never heard his voice, nor read a word of his ut terance. The two speeches which may be considered to have precedence of all others which he made, were that on Mr. Madi- 58 FAMILIAR LETTERS son's resolutions, and that on granting appropriations under Jay's treaty. The former was delivered on the 27th January, 1794, the latter on the 28th April, 1796. The first of these speeches was in answer to a course of policy, (proposed for the first time at the suggestion of Mr. Jefferson in an official report,) which was afterwards fully developed, and carried into effect during the administrations of Mr. Jefferson and Mr. Madison. The second speech was, probably, the greatest effort of his political life. He was then in a state of health which seemed to forbid any effort. He is represented to have given up all hope of being able to speak. His manly form, enfeebled by disease, was hardly capa ble of supporting him in the action of his unimpaired mind, and, no doubt, this circumstance tended to excite a highly increased interest. No one who heard him could suppose it possible that he should ever be heard again in any legislative assembly. His friend and biographer, the Rev. Dr. Kirkland, in his beautiful sketch of Ames, says of this speech, "When he had finished, a member in opposition moved to postpone the decision on the question, that they might not vote under the influence of a sensi bility which their calm judgment might condemn." Mr. Ames so far recovered as to attend the next session of congress. He lived till the 4th of July, 1808, and died at the age of 50. Dr. Kirkland's volume contains his speeches arid his writings, most of which are essays on the political affairs of this country and Europe ; and also "Hints and Conjectures concerning the Insti tutions of Lycurgus,"— " American Literature," — "Review of a Pamphlet, entitled, Present State of the British Constitution, his torically illustrated,"—" Sketch of the Character of Alexander Hamilton." Though Mr. Ames' professional brethren held him in the high est respect, they concurred with his biographer, that he was more adapted to the senate than the bar. " It was easy and delightful to him to illustrate by a picture, but painful and laborious to prove by a diagram." Mr. Ames was a man of purest morals ; of most amiable disposition; and most sincerely beloved by his friends, ON PUBLIC CHARACTERS. 59 among whom were some of the most eminent men of that day. He was above middle stature, and well formed. His features were not strongly marked. His forehead was neither high nor expansive. His eyes blue and of middling size ; his mouth hand some ; his hair was black, and short on the forehead, and, in his latter years, unpowdered. He was very erect, and when speak ing he raised his head, or rather, his chin was the most projected part of his face. He had a complacent expression when he was speaking, and if he meant to be severe, it was seen in good- natured sarcasm, rather than ill-natured words. It was said that the beautiful productions of his pen were the first flow of his mind, and hardly corrected for the press. Mr. Ames' life is supposed to have been shortened by his excessive anxiety about his country. Many of his predictions have been realized, and some of them in his lifetime. His air, manner, and countenance, were those of an honest and sincere man. The condition ofthe country furnishes abundant proof that he was, politically, a wise man ; all his mournful prophecies may be in the course of fulfil ment. Rufus King was a member of this convention, from Newbury port. He had been in the first Congress. At this time he was thirty-three years of age. He was an uncommonly handsome man, in face and form; he had a powerful mind, well cultivated; and was a dignified and graceful speaker. He had the appearance of one who was a gentleman by nature, and who had well improved all her gifts. It is a rare occurrence to see a finer assemblage of personal and intellectual qualities, cultivated to the best effect, than were seen in this gentleman. He expected to have been chosen to the Senate of the United States after the adoption of the constitution ; but this not having happened, he went in the follow ing year to reside in New York. He was there elected to the Senate of the United States in 1789, and was sent by Washington minister to London in 1796, and remained there till 1803. He was twice afterwards elected to the Senate ; and when he was far advanced in life, he was again sent to London ; but his health was 60 FAMILIAR LETTERS so much impaired, that he came home in about a year, and died at the age of seventy-three. Mr. King's manner in the Senate was highly dignified, and in private life that of a polished gentle man. His speeches, in manner and weight, gave him an exalted rank. Among his superior advantages was an accurate knowledge of dates, and facts, of most essential service in the Senate. His two finest speeches are said to have been on the burning of Wash ington by the British ; and on the exclusion of Mr. Gallatin from the Senate, for the reason that he had not been a citizen long enough to be entitled to a seat there. Mr. King was a public man throughout his long life, with few and short intervals; but, like all other men, in our country, whose pride or pleasure depends on office, he was subjected to some disappointments. Yet he may be considered as one of the most successful of the eminent men whose relations to the public endured so long. The private life of Mr. King is said to have been highly respectable ; biographical sketches of him mention that he was a professor of Christianity. Among other members of this convention, were Samuel Adams, Charles Jarvis, Christopher Gore, Benjamin Lincoln, Theophilus Parsons, George Cabot, Francis Dana, John Brooks, Caleb Strong, John Coffin Jones, Theodore Sedgwick. There may be occasion to mention these again, except Charles Jarvis, of whom it may be observed, that he was a zealous advocate for the constitution, though afterwards a decided opponent to the administration of it. This gentleman was a physician ; he was a tall fine figure, bald head, rather large face, and small eyes.. His motions were vehe ment, and he was of ardent character. He had a fine voice, and a natural popular eloquence, rarely surpassed. He was accus tomed to pause in his eloquence, when he had said something which he thought impressive, and to look round upon his audience for the effect. This was a hazardous experiment, but he never seemed to fail in it. I ON PUBLIC CHARACTERS. 61 LETTER VIII. Feb. 13, 1833. The history of the world records no case of more intense interest than that which pervaded the United States, in the year 1788. Thirteen independent sovereignties, seriously alarmed for their preservation against each other, more alarmed with the apprehen sion that they might give up the liberty, which they had gained with the utmost exertion of mind and body from foreign tyranny, to one of their own creation within their own limits, called into the deliberative assemblies of the time all the able men of the country. Some union of the states was admitted by all, to be indispensable; but in what manner it should be effected, what powers should be given, and what powers reserved ; how these should be modified, checked, and balanced, were points on which honest men might zealously contend. Here was a case, in which a whole people, unawed by any foreign power, in peace with all the world, sorely experienced in what may be the exercise of civil authority; dependent on no will but their own; convinced of the necessity of forming some government; — were called onto settle, by peaceful agreement among themselves, the most important ques tions which can be presented to the human mind. The first, and most comprehensive point of division, was found in the extent of power to be granted to the national government. Some men were disposed to guard state rights, and, at all events, to avoid the establishment of powers which might gradually ab sorb them, and result in a consolidation, through the dominion of an aristocracy, or despotism. Others foresaw the necessity of vesting powers adequate to the preservation of peace among the ftates, to enabling all of them to act as one in relation to all fo reign governments, and to secure a coercive power, for all national purposes, over the citizens of the several states. How, then, 6 62 FAMILIAR LETTERS were these powers, so liable to abuse, to be defined and regulated to the satisfaction of all parties ? There may have been some men, who desired to be free from all national government, and who preferred to rely on the strength of their own state governments. This number, probably, was not great. It is believed that a large majority of the thinking men were decided, that there must be some confederation of the states. The discussion, in convention and in the public papers, on the powers to be given, and those to be reserved, became more and more zealous, and divided the country into two great parties, who took the name of Federalists, and Anti-federalists. This may be called the second division into parties; the preceding one, dur ing the war, having been that of whigs and tories, borrowed from English politics, as far back as the reign of the Charles's. It is to be remembered, that the popular conventions, assem bled in the states, were not to settle what the powers of the na tional government were to be, but whether the powers defined, in the proposed constitution, should be those to be exercised ; andj consequently, whether the constitution was to be accepted, or re jected. This question necessarily led to the most searching dis cussion of these powers, according to the views which the fede ralists and anti-federalists entertained. Those who desire to be accurately informed as to the ground of difference, will find an able summary in Judge Story's first volume of Commentaries, Book III., ch. II., in which this learned and indefatigable student has referred to all the authentic sources of information. We are now looking back to those eventful days, after an ex perience of more than forty years. It is humiliating to find, how groundless were some of the fears of the honest and able, and how unperceived were some of the perils, and the most dan gerous ones too, which time has disclosed. The objection least Insisted upon was the abuse of executive power; that most insisted upon was the abuse of legislative power. The danger is now known to be from the former source, and that if there be any pre ventive power, it is to be found in the latter. In the sketch of de- ON PUBLIC CHARACTERS. 63 bates in the Massachusetts convention, there is no notice of ob jections to the executive power ; the discussion appears to have been warm and zealous on that of the legislature. There has been unwise and improvident legislation in abundance, but none hitherto that has endangered the liberties of the country, which did not arise from executive suggestion. In what danger these liberties are, under the combined dominion of "the people's" president, and an association of artful, selfish, and unprincipled men, and a subservient congress, is a very serious inquiry. This is precisely the case which Mr. Ames so eloquently discussed in his political writings. How truly Mr. Ames foresaw a coming state of this country, may be seen from an essay of his entitled "No Revolutionist," published in 1801. "The deceivers of the people tire out their adversaries ; they try again and again ; and an attempt that is never abandoned, at last, will not fail. We have an enlightened people, who are not poor, and who are, therefore, interested to keep jacobinism down, which ever seeks plunder as the end, and confusion as the means. Yet, the best informed of this mighty people are lazy ; or ambitious, and go over to the cause of con fusion ; or are artfully rendered unpopular, because they will not go over. The sense, the virtue, and the property of the country, therefore, will not govern it ; but every day shows that its vice, and poverty, and ambition, will. We have thought that virtue, with so many bright rewards, had some solid power ; and that with ten thousand charms, she could always command an hundred thousand votes. Alas ! these illusions are as thin as the gloss on other bubbles. Politicians have supposed that man really is what he should be ; that his reason would do all it can, and his passions, and prejudices, no more than they ought ; whereas, his reason is a mere looker-on ; it is moderation, when it should be zeal ; is often corrupted to vindicate, where it should condemn ; and is a coward, or a trimmer, that will take hush-money." To return to the convention ; it has been observed, that the adoption of the constitution in Massachusetts may have depended 64 FAMILIAR LETTERS on Governor Hancock. He had been absent some days from ill ness. On the 31st of January (1788) he resumed his place, and after remarking on the difference of opinion which prevailed in the convention, as he had seen from the papers, he had to propose that the constitution should be adopted ; but that the adoption should be accompanied by certain amendments, to be submitted to Congress, and to the states. He expressed his belief, that it would be safe to adopt the constitution, under the expectation, that the amendments would be ratified. The discussion appears then, to have turned on the probability of obtaining such ratifica tion. It cannot be assumed, for certainty, that this measure of Hancock's secured the adoption; but it is highly probable. The convention may have been influenced by another circumstance. About this time a great meeting of mechanics was held at the Green Dragon tavern, situated in what is now part of Union street, and westerly of the Baptist meeting-house. The tavern and the street were thronged. At this meeting resolutions were passed, with unanimity and acclamation, in favor of the adoption. But notwithstanding Hancock's conciliatory proposal, and this expres sion of public feeling, the constitution was adopted by the small majority of nineteen out of three hundred and fifty-five votes. The adoption was celebrated in Boston by a memorable proces sion, in which the various orders of mechanics displayed appro priate banners. It was hailed with joy throughout the states. General Washington is well known to have expressed his heartfelt satisfaction, that the important state of Massachusetts had acceded to the union. There is much secret history as to the efforts made to procure the rejection, on the one side, and the adoption on the other. It would take more time than the subject is worth, to detail the rumors of the day, in this respect. The proposed amendments were taken into consideration at the first Congress, under the new constitution, and digested into twelve articles. These were submitted to the several states, and ten of them adopted, and now form part of the constitution. They were in the nature of a bill of rights, and of the same import with like ON PUBLIC CHARACTERS. 65 provisions in the state constitution of Massachusetts. The ninth and tenth articles, on the construction of powers, are frequently quoted in Congress, and in courts. The greatest anxiety followed the adoption, on account of the uncertainty whether a sufficient number of states, (several of them not having then called conventions,) would accept the constitu tion. The required number (nine) did so, within the next six months, and the elections were made in the autumn, and following winter. The first Congress met at New York in the month of April, 1789. Washington had been unanimously chosen President, and assumed his office on the 30th of April. John Adams was chosen Vice President. The proceedings of Congress, at the earliest ses sions, are highly important. They comprise the construction of the powers given by the constitution to that body. This subject will be hereafter mentioned in connection with the parties, who gave a character to the times, under the political distinctions be fore mentioned. This minute account of the origin of parties has been given to show, that the party-name, Federalist, was that of the citizens who were in favor of adopting the proposed confederation, or constitution; that is, they were earnestly desirpus of entering into this new union. It will hereafter be seen, that Mr. Jefferson devoted much of his public and private life to prove that they were dis-unionists and monarchists; — factious and traitorous. LETTER IX. Feb. 20, 1833. Governor Hancock continued in office till October, 1793, and then died at the age of fifty-six, of gout and exhaustion. In the 6* 66 FAMILIAR LETTERS latter years of his life, he was severely afflicted with the gout, and hardly competent to perform the duties of his place, even so far as these can be performed in one's house. Still he retained a strong hold on the popular good will. His funeral was conducted with great ceremony. The militia of the town and surrounding country were called into service. The judges of the Supreme Judicial court had, up to this time, worn robes of scarlet, faced with black velvet, in winter, and black silk gowns in summer. On this occasion they appeared in the latter, but, for some reason, they wore neither robes nor gowns afterwards. Hancock had some faithful friends and advisers in whom he reposed entire confidence. Among them was his clergyman, Dr. Samuel Cooper, though this person died during the early years of Hancock's magistracy, (in December, 1783,) at the age of fifty- nine. Dr. Cooper was one of the great men in revolutionary days. He was learned and eloquent, and one of the most finished gentlemen of that age, and one of the ablest divines of any age. He was singularly neat in his dress. He wore a white bushy wig, a cocked hat, and a gold-headed cane. He was tall, well formed, and had an uncommonly handsome, intelligent, and amiable face. One could not fail to remember him well who had ever seen him. He was as much of, a politician as a divine, and a powerful writer on the patriot side ; but there are no writings of his preserved, except sermons, and newspaper essays, which cannot now be distinguished as his. He is supposed to have sacrificed his life to the inordinate use of Scotch snuff. His brain was first se riously affected, and his mind was much impaired before his physical powers failed. He told a friend who visited him a short time before the close ofhis life, "when you come again, bring with you a cord; fasten ends- of it in each corner of the room; let the cords cross in my head to keep it steady." There are repre sentations of the personal appearance of Dr. Cooper, having in scribed on them this notice of his eloquence, melle dulcior fluebat oratio. The most distinguished men of that time were his parish ioners, and among others, Governors Bowdoin and Hancock. ON PUBLIC CHARACTERS. 67 It may not be uninteresting to sketch the condition and usages of society, about the time of the adoption of the constitution, ac cording to the impression now retained of them. There were families who were affluent and social. They interchanged dinners and suppers. The evening amusement was usually games at cards. Tables were loaded with provisions. Those of domestic origin were at less than half the cost of the present time. The busy part of society dined then, as now, at one, others at two o'clock; three o'clock was the latest hour for the most formal occasions. There were no theatrical entertainments; there was a positive legal prohibition. There were concerts. About the year 1760, Concert Hall M'as built by a gentleman named Deblois, for the purpose of giving concerts ; and private gentlemen played and sang for the amusement of the company. There were sub scription assemblies for dancing, at the same place, and it required a unanimous assent to gain admission. Dress was much attended to by both sexes. Coats of every variety of color were worn, not excepting red; sometimes the cape and collar were of velvet, and of a different color from the coat. Minuets were danced, and contre dances. Cotillions were of later date. They were intro duced by the French, who were refugees from the West India Islands. A very important personage, in the fashionable world, was Mrs. Haley, sister of the celebrated John Wilkes. She came over in the year 1785, and purchased the house in which the late Gardiner Greene lived, at the head of Court Street.* She was then advanced in life, of singular personal appearance, but a lady of amiable deportment, She afterwards married a gentleman who was the uncle of a celebrated Scotch reviewer ; but after some years returned to England. Her house was a place of fash ionable resort. Marriages and funerals were occurrences of much more ceremony than at the present day. The bride was visited daily for four successive weeks. Public notice was given of fu nerals, and private invitations also. Attendance was expected ; * This house, and the hiU in the garden, formerly attached to the house, have since been torn down and dug away, to make place for Pemberton Square. 68 FAMILIAR LETTERS and there was a long train of followers, and all the carriages and chaises that could be had. The number of the former in town was not more than ten or twelve. There were no public carriages earlier than the beginning of 1789 ; and very few for some years afterwards. Young men, at their entertainments, sat long and drank deep, compared to the present custom. Their meetings were enlivened with anecdote and song. Among the remarkable visiters of this country wag Brissot de Warville, in 1788, afterwards chief of a faction in the French Revolution called the Girondists. He was executed in Robes pierre's time, at the age of thirty-eight. He came over to learn how to be a republican. He was a handsome, brisk little French man, and was very well received here. He wrote a book on this country. He was much delighted with the Quakers, and is said to have respected their simplicity of dress, and to have introduced, in his own country, the fashion of wearing the hair without powder. The means of education have greatly improved. There were two Latin Schools. One in School Street, and one at the north part of the town. The only academies recollected were one at Exeter (New Hampshire), one at Andover, and one near New buryport, called Dummer Academy. The latter was the seminary at which some eminent men were instructed ; among others, Par sons and Sewall, Chief Justices in Massachusetts ; Willard, President of Harvard College; S. Phillips, Lieutenant Governor; Rufus King; Commodore Preble. It was a common practice for clergymen to receive boys into families to prepare them for college. The means of educating females were far inferior to those of the present time. The best were " boarding-schools," and there were but two or three of these. The accomplishments acquired were inferior to those which are common among hundreds of young females of the present time. The sum of acquirements now, in the process of education, greatly surpasses that of forty years ago in both sexes. The moral condition of society, among the well informed, (so far as is seen on the surface,) is greatly im proved. There is more occupation of various sorts. Society, ON PUBLIC CHARACTERS. 69 collectively, is undoubtedly better. Whether its members, in all things then and now, innocent, are happier or not, one cannot judge from youthful impressions. In one respect there is a change of immeasurable value ; that is, in the intercourse of parents and children. It is very possible that there are some who prefer the strict discipline of former days ; and who believe that as much of substantial benefit has been lost as gained, in the changes which have occurred. If this be so, it arises from the quality of edu cation, and not because there is more of it. LETTER X. Feb. 22, 1833. The first occurrences under the new national government, are known from the most authentic sources, and eminently so from the fifth volume of Marshall's Life of Washington. The government, though one of deliberate consent, encountered from the first movement of its being, a powerful opposition. This gradually strengthened, and at the end of twelve years, acquired an ascendency, and converted the founders of the government into an opposition. It will appear, in distant times, to those who study the records of times recently passed, that when the government has been administered well, the principles developed by those who were its founders have been adhered to. How long the fabric on which the liberties of this nation depend, can endure the shocks which it must inevitably encounter, is beyond the power of con jecture. It may continue through many generations, or expire before another is gone. Its form and name may continue, though the true purposes for which it was instituted, may have been en tirely perverted. There is an unceasing peril in the intrinsic difficulty of preserving the exact line between state and national 70 FAMILIAR LETTERS authority. The same population, in each of the states respect ively, being subjected to the two governments (national and state) may honestly divide in opinion as to rights and duties under each. This has been one of the causes of dissension, sometimes operat ing in one part of the Union, and sometimes in another. The end of the Union must come from this cause, or from the extinc tion of state governments, by the establishment of tyranny in the federal head. Such results were foreseen at the commencement, and faithfully considered in the Federalist. At the beginning of this government, there were causes of party bitterness, which have long since disappeared. Besides the jea lousy as to state rights, and the necessity of effective national administration, there were the embarrassments arising out of the measures which Congress, and the states, respectively adopted, during the war; the claims on the government; and the delicate and difficult initiation of the exercise of its powers. There existed, also, a vindictive and, perhaps, justifiable feeling against Great Britain, and a natural partiality for France, whether justifiable or not. The destruction of the French monarchy soon followed ; and the seeming of republican freedom began in that country. War ensued between England and France. French politics, enthu siasm, and power, sought dominion in this country. The Ameri cans who opposed this, were considered as devoted to England. Thus the war of Europe actually raged in this country to the full extent, excepting that no blood flowed. Then came the whisky insurrection of Pennsylvania. Amidst all these difficulties, the national government would probably have perished in its infancy, if it had not been for the wisdom and firmness of Washington. The respect, confidence, and affection universally entertained for this eminent man, were fully manifested in his journey from Mount Vernon to New York to assume his office. He arrived in April, 1789, wearing, it is said, a suit of domestic manufacture. The members of Congress whom he met there, were, in part, dis tinguished men, who had assisted in framing the constitution, and who had taken a conspicuous rank in the conventions in which it ON PUBLIC CHARACTERS. 71 was discussed. The Vice President, Mr. Adams, who had been in Europe during most of the war, and who had recently returned, had taken his place at the head of the senate. There were in both branches some members who had been opposed to the con stitution. Among the federal members, who may be hereafter described, were Caleb Strong, George Cabot, Robert Morris, Theo dore Sedgwick, James Madison, Egbert Benson, William Smith, Elias Boudinot. Mr. Ames has already been mentioned as being of this Congress. It is said that the executive officers began their official life with more parade and ostentation than was thought becoming ; and that Mr. Adams walked the streets with his hat under his arm, wearing a sword. Possibly this may have been so, because it was said, and believed in Richmond, in 1796, that Mr. Adams was always preceded by four men bearing drawn swords; which is no very extraordinary amplification, if there were anything to rest upon. Washington's forms and ceremonies were complained of as amounting to royal customs. What these forms and ceremonies were, will be hereafter shown ; and why adopted, may be found in Marshall's 5th vol., p. 163, where a letter of Washington to Dr. Stuart, is, quoted, .stating the reasons; what Mr. Jefferson says (in one of his posthumous volumes) to the contrary, notwithstanding. Congress continued in session till the 29th of September (1789), employed in framing the laws necessary to the organization of the government. In this space of time, the construction of the powers intended to be given, was very ably discussed. The number of senators did not then exceed eighteen. The number of representa tives attending was about eighty. Soon after the adjournment, Washington made his eastern tour. He did not then visit Rhode Island, but did this in the following autumn. Among the-subjects strenuously debated at this Congress, was the President's power of appointment, and removal of the officers of his cabinet. The appointment was constitutionally subject to the assent of the senate. The removal was then settled to be in the power of the President alone. The history of the country 72 FAMILIAR LETTERS shows in what manner this power may be used ; and some who were then opposed to leaving it to the President alone, would have seen their predictions realized, if they had contiuued to the pre sent day. It is perceived now, that the framers of the constitution erred in not restricting executive power ; and that the first legis lators erred in like manner. Though they could not have ex pected a succession of Washingtons, they are excusable for not dreaming of Jeffersons and Jacksons. Another point much dis cussed was, whether the secretaries of the executive should make reports to Congress. The duties and difficulties of the treasury department may be discerned in Mr. Ames's remarks in support of the proposition: "Among other things," he said, "the situa tion of our finances, owing to a variety of causes, presents to the imagination a deep, dark, and dreary chaos, impossible to be re duced to order, unless the mind of the architect be clear and capacious, and his power commensurate to the object. It is with the intention of letting a little sunshine into the business, that the present arrangement is proposed." The tonnage duty was one of the subjects, at this time, consi dered. Even then, the spirit that never tired, nor yielded, in favor of France, till the conclusion of the war in 1815, was clearly ap parent. It has been before remarked, that it was a natural politi cal feeling. It may have been honestly entertained. Whether it was honestly applied, at all times to American affairs, is a matter which must be left to the consideration of those who will examine with an impartiality not to be expected from men who united in it, or lamented it. ON PUBLIC CHARACTERS. 73 LETTER XI. MAHcn 1, 1833. Before the President commenced his tour in the east, he se lected his cabinet. Mr. Jefferson was then on his voyage from France, in which country he had been minister some years. His return was intended to be temporary. On his arrival he found an invitation to assume the office of Secretary of State, with an intimation that he was to retain his diplomatic character, and re turn to France, if he did not accept. He is said to have preferred the latter, but did for some reason forego this preference, and assumed the duties of Secretary on the 22d of March, 1790. Alexander Hamilton was appointed Secretary of the Treasury the preceding September. This office is supposed to have been offered first to Robert Morris, who declined it, and who recom mended Hamilton. In the same month General Henry Knox was appointed Secretary at War; and Edmund Randolph, Attorney- General. The office of Secretary of the Navy did not exist till Mr. Adams' presidency, and was first filled by George Cabot, in the month of May, 1798. In the lately published biography of John Jay, it is said, that this gentleman was invited to select an office for himself, and that he chose the place of Chief Justice, and was appointed in the same September. This eminent man will be hereafter described ; as well as each of those who. have just been mentioned. At the next session, which was held at New York, some of the admirable reports of Hamilton were presented, which established the true course of national policy from that time to the present. Hamilton was then about thirty-three years of age. The first object appears to have been, to provide for the debts contracted during the war, and to establish the national credit. The light of the sun was then let in, as Mr. Ames said, on this chaos. 7 74 FAMILIAR LETTERS There was more light than was acceptable to some of the mem bers of Congress. A great diversity of opinion arose ; and long and animated debate ensued. This highly interesting subject, at that time, was, and ever will be, one of deepest interest to this country, as the true basis of national credit, and of the national honor, then established. The discussion seriously agitated the country, and gave new vigor to party dissensions. There were two points of prominent interest, whether the state debts should be assumed by the nation, and whether the evidences of debt (called then public securities) should be "funded" for the benefit of the holders, at the nominal value, or at some depreciated value. They had long been in circulation, and sometimes as low as at one-eighth of the sum for which they issued. These securities had gathered in the hands of those who expected payment, if the constitution took effect ; and this was among the causes of the deep interest which the conventional meeting excited. When "the funding system," on Hamilton's report, engaged the atten tion of Congress, "speculation" might be called a public dis temper. At one time the securities rose above their nominal value. Fortunes were won and lost in a single hour. No one who can remember those days, needs to be reminded of the intense excitement which prevailed among speculators ; nor of the sullen dissatisfaction manifested by individuals ofthe opposi tion. Doubtless the public debt was to be provided for; and, so far as can now be discerned, this was honorably and equitably done. But the effect was to strengthen opposition, and to furnish one more lever to pry up the administration. The greater part ofthe securities were held in the middle and eastern states. The wealth which was acquired in these parts of the Union, may have been among the early causes of the feelings which have been elsewhere manifested, since these times. No two men could have been brought together more entirely opposed in opinion, and modes of action, than Jefferson and Hamilton. Their disagreement became an implacable hostility, so that Washington thought it indispensable to interpose, and ON PUBLIC CHARACTERS. 75 attempt reconciliation, in the most kind aud persuasive manner, but all in vain. Jefferson had the strongest partialities for France ; Hamilton seemed to foresee and to feel a sense of horror for what was to be enacted in that country. Hamilton had a high regard for the stability and order of the English government. Jefferson appears to have entertained, at all times, the strongest dislike of it. It may be inferred from papers now of historical record, that Jefferson thought the President to have been unduly accom modating to Hamilton's opinions. This the President denied. Placed as these two men were, in the same cabinet, it is quite within the range of probability, that Mr. Jefferson's subsequeut political course may, in some degree, have taken its character from the feelings created, or strengthened, by these collisions. In February, 1791, the bill establishing the Bank ofthe United States was considered in the cabinet, to decide whether it should have the President's approval. This institution was thought in dispensable by Hamilton, in conducting the duties ofhis depart ment. It had been thoroughly discussed in the House on the ground of expediency and constitutionality. Marshall says, (vol. v. p. 297,) "the Secretary of State, and the Attorney General," (when the subject was discussed in the cabinet,) "conceived, that Congress had clearly transcended their constitutional powers; while the Secretary of the Treasury, with equal clearness, main tained the opposite opinion." Written opinions were required of each; and the bill was approved. It does not appear from Mar shall, that the Secretary at War had any part in this deliberation. From other sources of information, it is believed that he concurred with Hamilton. Persons, who considered themselves well in formed, have been heard to say, that this discussion in the cabinet was a scene of intense interest. Whether the public will ever know its precise character, may be uncertain. This may depend on a biography of Hamilton, if such a work should ever be written. How much the personal feelings of the two secretaries may have affected this great public interest, may never be known. It is not 76 FAMILIAR LETTERS too late, it seems, to doubt and contend against expediency and constitutionality, all experience and precedent, notwithstanding. LETTER XII. Mabch 3, 1833. Congress were engaged in February, 1791, in further carrying into effect, by law, Hamilton's report on provision for the public debt, and maintaining the national credit. The subject then under consideration was the excise, or a tax on the distillation of ardent spirits. This was vehemently resisted by the opposition. They represented it to be, as it proved to be, an unwelcome exercise of power, though the very same opposition afterwards resorted to the same measure. It affected a numerous class of persons, especially in the interior of Pennsylvania, and was gene rally unpopular throughout the Union. The tax was resisted on many grounds, and among others, that it was unjust and unequal, and that any tax on property, income, lawyers, on written instru ments, or on salaries, would be preferable. It affected persons who could feel the tax as an oppression, but who could not com prehend its expediency or necessity to maintain the public credit. We shall see its effect, when enforced, and under its operation, an open rebellion against the government. About this time the French had made such progress in their revolution as to have established their National Assembly, and the "great nation" had already become the terror of Europe. The tree of liberty was to be planted throughout the earth. The pro gress of French principles was very grateful to the opposition in the United States; nor to them only. Many of the federal party were rejoiced to see the coming freedom of the people who had so essentially aided (from whatever motives) in securing that oftheir ON PUBLIC CHARACTERS. 77 own country. In the course of the year 1792 the French Revolu tion had been so far accomplished as to demand, it was thought, a public expression of joy by the Americans. "A civic feast" was undertaken in Boston; such a one as no rational being would desire to see repeated. A whole ox, skinned and dressed, leaving the head and horns entire, and the eyes pro truding from their sockets, was turned on a great wooden spit, before a furnace. When the animal was sufficiently roasted, he was placed on a sledge or carriage, and there properly supported and propped up, was drawn through the principal streets of the town, and was followed by two cart-loads of bread and two hogs heads of punch. An immense concourse of people attended; there was but one mind and heart, and there was no reference to political divisions. The procession terminated in State Street, where a table was laid from the eastern end of the City Hall to near Kilby Street; and on this table it was intended, that the friends of liberty should feast from the roasted ox. The scene soon changed; the cutting up and distribution of the animal be came ridiculous ; and soon riotous. The roasted fragments were thrown into the air, and hurled at female spectators who thronged the balconies, and crowded the windows. The end of this matter was, that a pole of fifty or sixty feet in length was raised in what was thence, Liberty Square, and surmounted with the horns of the ox, where they remained several years. It so happened that the civic feast occurred here on the same day that the head of Louis XVI was severed from his body by the guillotine. This unexpected event seemed to open the eyes of many Americans to the true character of the French Revolution. It struck some of them with astonishment and horror ; while it was to others a matter of heartfelt pleasure. The latter, however, did not ap prove because they were gratified in destruction of the man, for the common feeling was, that America was greatly indebted to Louis; but because a Icing had fallen; and a triumphant advance had been made in the cause of liberty. It is probable that the leaders of the opposition in the United States, not only saw this 7* 78 FAMILIAR LETTERS event in this light, but saw in it, also, new encouragement, that federal power might be demolished. On the first application of the excise law, there were serious discontents and popular movements in the western part of Penn sylvania; so much so, that the President issued a proclamation commanding obedience, and intimating that legal prosecutions would be enforced against all infractions of the laws. This sys tem o£ taxation was revised by Congress in May, 1792, but the discontents continued. The year 1793 was one of many important events. Parties had taken decided character in and out of Congress. The vene ration for Washington shielded him from open attacks ; but his secretary, Hamilton, was not spared. On the 27th of February, Mr. Giles, of Virginia, moved in the House of Representatives a series of resolutions, comprising several charges of official mis conduct. These resolutions were debated with great acrimony until the close of the session, on the 3d of March. But not more than sixteen members voted to sustain any one of the resolutions. This was a period of excessive bitterness, as appears from the debates and newspapers of the day. Hamilton was accused, in a paper called the " National Ga zette," well known to be edited by a clerk in the office of Mr. Jefferson, with designs to introduce a monarchy, and to establish a government similar to that of Great Britain. All the measures recommended by him, from the commencement of his duties, were brought in proof of these accusations; particular expressions in his reports were selected as conclusive evidence. On the other hand, Mr. Jefferson was charged in the newspapers with the de sign of subverting the government, by rendering its officers odious; with being the partisan of France ; and with availing himself of his official station to misrepresent the purposes of the executive. The motives of both these gentlemen may be left to the decision of times more distant from those in which they were acting, than the present; and to what may be then an impartial judgment. They are referred to now, to show how the views of Mr. Jefferson ON PUBLIC CHARACTERS. 79 were afterwards carried into his own administration. To this, some men of the present day believe, that subsequent public difficulties, and the present state of the country, may be attributed. Mr. Giles had a long political life. He was of middle stature, rather full person, light complexion and hair, and full face, with out color. He was a very able debater, and thoroughly versed in the tactics of deliberative assemblies. He met with some accident which deprived him of the use of one of his lower limbs. When he was a senator, at the close of Mr. Madison's administration, he moved on two crutches. He showed himself to be a cool and determined opponent of the Washington administration, and es pecially of the Secretary of the Treasury. In this year, when the customary motion was made on the 22d February, that the House of Representatives should adjourn, for the well-known purpose of visiting Washington, he was one of the eighteen who opposed it. And when Washington retired, in 1797, in the debate on the address to him, drawn by Mr. Ames, Mr. Giles opposed its adoption. Among other things he said, — " He did not regret the President's retiring from office. He believed there were a thousand men in the United States who were capable of filling the presidential chair as well as it had been filled hereto fore. And although a clamor had been raised in all parts of the United States, more or less, from apprehensions on the departure of the President from office, yet, not feeling these apprehensions himself, he was perfectly easy on the occasion." "He, for his part, retained the same opinions he had always done with respect to certain prominent measures of his administration ; nor should any influence under heaven ever prevent him from expressing that opinion — an opinion in which he was confident, ere long, all America would concur." A majority did concur with Mr. Giles ere long, and these "measures," so far as was practicable, were overruled ; but whether for the prosperity, honor, and happiness of the country, it may be safely left to history to decide. Even now, it must strike one with surprise, that a sensible man, and a native Virginian too, found it an agreeable duty to record his disapproba- 80 FAMILIAR LETTERS tion of a man whom all America, nay, all the world, regards with a veneration which never before or since has fallen to the lot of any man. After Mr. Giles left Congress he was for some time governor of Virginia. To what extent genuine hatred of the persons who were the authors of these "measures" imparted a character to Mr. Giles's feelings ; and how far he was convinced that Washington's administration was injurious to the country, he might not have known himself; since his views as a statesman, were so intimately combined with an implacable personal hatred. It is worthy of notice, that the present chief magistrate of the United States,* was one of the twelve in the House of Representa tives, who refused the proposed testimonial of respect for the public services of George Washington. How much in character it was, for Andrew Jackson so to vote, may be judged of from the fact, that the address to Washington contained these sentiments: " For our country's sake, for the sake of republican liberty, it is our earnest wish, that your example may be the guide of your successors ; and thus, after being the ornament, and the safeguard of the present age, become the patrimony of our descendants." (House of Rep., Dec. 15, 1796.) LETTER XIII. Mabch 6, 1833. In the early part ofthe year 1793, France declared war against England. This country was then entangled with France, by treaty. A very serious question arose, as to the part which the United States should take in this war, or whether any. It appears to have been expected in France, that the United States would Andrew Jackson. ON PUBLIC CHARACTERS. 81 engage on its side, from treaty stipulations, or inclination, against England. The President, and his cabinet, were unanimously of opinion, that the United States were not held to take part in a war begun by France; and on the 18th of April, the celebrated proclamation of neutrality was issued. On the receiving of a minister from the French republic, the cabinet were divided; Jefferson and Ran dolph were in favor of it, Hamilton and Knox against it. The President adopted the opinion of the former. It appears to have been Washington's practice, to state questions in writing to the members of his cabinet, and to require their written answer ; these he appears to have examined, and to have formed his own opinion ; sometimes requiring a discussion of these opinions in his presence. The country was already divided into parties, for and against, making a common cause with France. That in favor of it, severely condemned the proclamation ; the other approved of it, in the highest terms. The former denounced it as a royal edict, and as a daring assumption of power; while the other upheld it as a new proof of the wisdom and patriotism which had always distinguished Washington. About this time, there were intro duced from France imitations of what was there called the Jacobin Club. This club (so called from its place of meeting) was com posed of certain prominent men, who met to decide what the measures of the government should be, and they accomplished their objects by intrigue and terror. The institutions ofthe same sort here, were formed for the ostensible purpose of preserving civil liberty, but for the real purpose of overawing the government. They were here called "Democratic Societies," by their members, and "Jacobin Clubs," by their adversaries. They had an affinity with each other, by means of corresponding committees. They approved of all the excesses of the French Revolution. In some of their festivals, especially in Philadelphia, extraordinary cere monies are said to have occurred, in the presence, too, of dis tinguished men. But the memory of them has passed away ; and it is probable that the agents in these scenes lived to regret them. 82 FAMILIAR LETTERS It can be no otherwise useful to refer to them, than to show the character of the times ; and the excessive enthusiasm which the transactions of France inspired ; and how embarrassing it was to our own government. Washington felt these combinations, as being destructive of all social order; and is supposed to have alluded to them in his farewell address, in speaking of " secret societies." He mentioned them again and again, with the most decided disapprobation, in his private letters. The first minister that appeared here from the French republic, was the "citizen" Genet, who is said to have instituted the Jaco bin Clubs in the United States. His employers assumed, that the United States were to engage, at once, in the war; and he was authorized to commission privateers, and to raise, in the United States, forces to attack British and Spanish possessions on this side of the water. He seemed to consider himself entirely independent of the government of the United States. He was a man of middling stature, and full person, (as now recollected,) and of ardent and animated temperament. It is usual for a foreign minister to present his credentials to the government to which he is sent, and to be received as such before he begins to exercise his functions. But the citizen Genet did not stop for such ceremonies. He landed at Charleston, S. C, on the 8th April. He was there received with every demon stration of respect and joy, as the representative of the great na tion; and during his residence there, assumed to issue commissions, for the arming, fitting out, and manning with Americans, vessels of war "to cruize and commit hostilities on nations with whom the United States were at peace." {Marshall, v. 411.) His journey from Charleston to Philadelphia, was as that of a victorious chief, to whom a country was indebted for its salvation. He arrived at Philadelphia on the 16th of May, and was there received in a manner which might have misled a more intelligent man than citizen Genet. It strikes one with some surprise, that such events could have occurred in this country. One cannot look back on the enthusiasm and gratitude felt for republican ON PUBLIC CHARACTERS. 83 France, without feeling how easily good sense and discretion may forsake a people. But we look back under the influence of events of posterior times, and as though these ought then to have been foreseen. Regarding this matter dispassionately, nothing was more natural than this enthusiasm. Grateful attachment to France while a monarchy, and detestation of England as a royal tyranny, had long been the common sentiment ofthe whole country. Now that France had become a republic, and was contending to main tain herself, against England and royalty, the duty and interest of siding with France were too certain to admit of reasoning, — it was an irresistible feeling. The greater, then, is the estimation in which Washington's foresight should be held, since he saw through, and far beyond this excitement ; and, most honorable to him, was that magnanimity which opposed itself to the popular clamor. Genet was astonished to find that he could not carry on the war from this country, by exercising the powers of sovereignty in arm ing vessels, and having their prizes condemned by French consuls. The government was determined to adhere to the strictest neu trality ; to which Genet had no objection, provided he could carry on the war himself; as though billigerent operations could be conducted in a neutral country in the name of a party to a war, without making that country a party in it. This he insisted on doing ; and when told that he would be resisted by force, he threat ened to appeal from the President to the people. The controversies with Mr. Genet were exceedingly embarrassing to the President. On one occasion he had to call on Governor Mifflin, of Pennsyl vania, to prevent the sailing of a vessel which had been brought in, as prize by a French frigate, and converted into a privateer at Philadelphia, and named Le Petit Democrat. It was on this occasion, that Genet told Alexander J. Dallas, secretary to Go vernor Mifflin, that he would appeal to the people. Mr. Dallas is the same gentleman, who was afterwards Secretary of the Treasury ofthe United States. He was a lawyer of some eminence, a tall man, of good manners, marked with the small-pox, (if rightly re- 84 FAMILIAR LETTERS membered,) and of inexhaustible eloquence. A speech of two, three, or even four days, was not an unusual effort with him. About twenty-five years ago he came to Boston to argue a cause. He was a very fluent speaker, but diffusive, and fanciful. He was entirely on the French side of American feeling, as was Governor Mifflin. The conduct of Mr. Genet became so insolent, and offensive, that the President required of Governeur Morris to demand of the French government his recall. Morris was then minister at Paris. Genet was recalled, though his mission would have terminated if he had not been, as in the revolutionary move ments in France, the party to which he was indebted for his min istry was overthrown. Mr. Genet remained in the United States, and retired to the interior of the State of New York, where he lately deceased. He was succeeded by Mr. Fauchet, whose agency was no less conspicuous, though conducted with more regard to diplomatic usage than Mr. Genet's. In the prosecution of the war, between France and England, in 1793, two serious difficulties arose. The French having immense armies on foot, and the laboring population having been drawn forth by military conscriptions, the want of provisions became very pressing. France depended, to some extent, on supplies from America. The English had the command of the ocean, and, in June, issued an order to stop all vessels bound to France, loaded with flour, corn, or meal; and to take them into port, unload them, pay for the cargoes and freight, and then libe rate the vessels. There was no doubt, that this was a strong measure, and whether defensible, or not, on any construction of the law of nations, it is not the present purpose to inquire. The order gave great dissatisfaction in the United States. The other difficulty was, that the British then began to impress seamen from American vessels. Impressment has been an im memorial usage in England ; and she asserts the right of taking her own subjects, wherever found, in time of war. The difficulty of distinguishing between her own, and other subjects, often led to the impressment of Americans. This became a subject of ON PUBLIC CHARACTERS. 85 very serious and just complaint. Whether England might take persons out of American vessels, who were born British subjects, but who had been naturalized in the United States, was another point of difference. England contended that her subjects can never abandon their allegiance, and may be taken on the high seas from any but a national vessel of war. During the adminis tration of Mr. Jefferson, and that of Mr. Madison, the protection, not only of naturalized persons, but of all persons, sailing in merchant vessels, bearing the American flag, was contended for, and was fostered into one of the causes for declaring war. This point remains as it was, forty years ago, though rather worse for the war, undertaken to sustain the American pretension. From the national similarity of the Enghsh and Americans, it is ap parent, that it is a subject of intrinsic difficulty; and one that can be settled only by a course of negotiation, little likely to occur. LETTER XIV- Maech 6, 1833. The effect of the aggressions of England during the year 1793, and the partiality for France were apparent, at the next meeting of Congress, on the 4th of December. There was a majority of about ten votes against the administration, as appeared in the choice of speaker. The opposition supported Mr. Muhlenberg, the federalists Mr. Sedgwick. Thus it may be considered, that the federal administration was destined to fall, and that the politi cal system which the federalists had founded, would, "ere long," pass into the hands of those who had always been its enemies. The speech of Washington, at the opening of the session, was comprehensive and luminous, and well deserves the study of all 8 86 FAMILIAR LETTERS who would understand the elements of the great political events which followed. Mr. Jefferson (Secretary of State) presented his detailed and ingenious report on commercial relations. This also deserves an attentive study, since it shows the principles of the policy which was carried into effect under his presidency. As these are matters of history, ably set forth in Marshall's fifth vol ume, it would be only transcription to notice them more fully; nor would it be expedient to do so, in these hasty sketches. Mr. Jefferson had intimated his intention to resign his office some months before this time. He was prevailed on (as he says) to remain, until the 31st of December, 1793, and then withdrew. The most favorable account of Mr. Jefferson's official conduct, by any judicious and impartial writer, is that given by Chief Justice Marshall, who is incapable of doing injustice to any man, even when a political opponent. On this occasion he was telling truth, with the sanction of his own high reputation, and on as interesting a subject as *ever engaged the attention of any historian — The Life of Washington. It is rather to be supposed, from his well- known character, that he was careful not to make himself liable to the imputation of having performed a trust, unfavorably to one, whose opinions he might not have approved. This able historian's view of Mr. Jefferson at this period, should be considered, because it gives a key to his subsequent political life. Chief Justice Marshall says, at a time when Mr. Jefferson was living, (vol. v. 488,) among other things : "This gentleman withdrew from political station, at a moment when he stood par ticularly high in the esteem of his countrymen. His fixed oppo sition to the financial schemes proposed by the Secretary of the Treasury, and approved by the legislative and executive depart ments of the government ; his ardent and undisguised attachment to the revolutionary party in France; the dispositions which he was declared to possess in regard to Great Britain ; and the popu larity of his opinions respecting the constitution of the United States ; had devoted to him that immense party, whose sentiments were supposed to comport with his on most, or all these interest- ON PUBLIC CHARACTERS. 87 ing subjects. To the opposite party, he had, of course, become particularly unacceptable. But the publication of his correspond ence with Mr. Genet, dissipated much of the prejudice which had been excited against him. He had, in that correspondence, main tained, with great ability, the opinions maintained by the federal ists on those points of difference, which had arisen between the two republics. The partiality for France, which was conspicuous through the whole of it, detracted nothing from its merits, in the opinion of the friends of the administration, because, however decided they might be to support their own government in a con troversy with any nation whatever, they felt all the partiality for that nation, which the correspondence expressed. The hostility of his enemies, therefore, was for a time considerably lessened, without a corresponding diminution of the attachment of his friends. "In office it would have been impracticable long to preserve these dispositions. And it would have been difficult to maintain that ascendency which he held over the minds who had supported (and would probably continue to support) every pretension of the French Republic, without departing from principles and measures which he liad openly and ably defended." It may not then have been Mr. Jefferson's love of his " clover fields," and desire of retirement, that carried him back (31st De cember, 1793) to Monticello ; but his perception of the same truths which were obvious to the historian. It is well remembered that Genet openly charged Mr. Jefferson with having " a language official, and a language confidential."* He may have entertained very different opinions as secretary, from those which he enter tained as a man, and which he might fearlessly act upon when he had attained to the presidency. Mr. Jefferson mentions Chief Justice Marshall several times, in his volumes, with some Sensibility. In writing to his old friend John Adams, under date of January 15, 1813, (vol. iv. 195,) he * Mr. Jefferson, in a letter to Mr. G. Morris, says : " If our citizens have not al ready been shedding each other's blood, it is not owing to the moderation of Mr. Genet, but to the forbearance of the government." 88 FAMILIAR LETTERS remarks: "Marshall has written libels on one side; others, I sup pose, will be written on the other side ; and the world will sift both, and separate the truth as well as they can." The session of Congress commenced on the 4th of December, 1793, was one of the most important and interesting that had hitherto occurred. It intimated the motives of parties, as they have since been developed, in public affairs. Both branches were composed of able men, and among them were some of the most eminent. The House of Representatives was nearly equally di vided on great questions. The members who might be regarded as the most prominent in the Senate, were George Cabot, Caleb Strong, Oliver Ellsworth, Aaron Burr, Rufus King, Robert Morris, Albert Gallatin. In the house of Representatives, were Abraham Baldwin, William B. Giles, William B. Grove, Richard Bland Lee, Nathaniel Macon, James Madison, John Francis Mer cer, F. A. Muhlenberg, Josiah Parker, Thomas Sumpter, Abraham Venable, Alexander White, who voted generally together. And on the other side, were Fisher Ames, Robert Barnwell, Egbert Benson, Jonathan Dayton, Thomas Fitzsimons, Nicholas Gilman, Benjamin Goodhue, James Hillhouse, William Hindman, Daniel Huger, Philip Key, John Laurence, Samuel Livermore, William Vans Murray, Theodore Sedgwick, Jeremiah Smith, William Smith, Jeremiah Wadsworth, Artemas Ward, who on most occa sions voted together ; and sometimes Elbridge Gerry voted with them. To such men fell the duty of investigating the principles which ought to regulate commercial relations with all foreign countries, and at a time when all Europe was in the paroxysm of revolution; and when the Mediterranean commerce was at the mercy of the Algerines ; and the citizens of this country divided almost to the line of civil war, among themselves. In this high excitement the fortress which was to be demolished, or protected, was the Wash ington administration. The first great legislative movement arose on Mr. Madison's resolutions on commercial affairs, presented on the 4th January, ON PUBLIC CHARACTERS. 89 1794; (founded on Mr. Jefferson's report.) This gentleman had disclosed similar views on the subject of tonnage- duty, at the first Congress. The debate was long and acrimonious. The feelings of the House, and the character of the debate, may be judged of from this incident: Mr. Ames said, the resolutions had French stamped on the very face of them. Josiah Parker, of Virginia, replied, that he wished there was a stamp on every forehead, to designate whether he was for France or Britain. The two parties were so nearly balanced in the House of Repre sentatives, that measures, deeply affecting the permanent interests of the United States, might be settled by majorities not exceeding five. In the Senate, the Vice President had, repeatedly, to settle the most important questions by his casting vote. An act to cut off all intercourse with Great Britain, passed the House by a small majority; in the Senate its fate depended on the casting vote of the Vice President, who voted against it. Inquiry into the official conduct of Hamilton, as Secretary of the Treasury, was renewed at this session. Mr. Giles, Mr. Mon roe, Mr. Venable, all Virginians, and all of them personal enemies of the Secretary, conducted the inquiry with the utmost scrutiny; but their efforts, even in these bitterest times of party, were una vailing. The result was most honorable to the Secretary. The great subjects suggested in the President's message, and in official reports, at the early part of the session, were under consideration in the two branches, from the beginning of Janu ary to the 16th of April. The French excitement could rise no higher among the people. They insisted that the friends of France should declare themselves by wearing the national cock ade. They insisted, too, on war against England: and that every motive of self-respect, and justice, forbade a moment's delay; while every motive of gratitude to the nation which had made us free, and were now struggling to maintain their own freedom, demanded all our aid. In the two branches of Congress the war 8* 90 FAMILIAR LETTERS of words disclosed a state of feeling which the decorum of the place hardly restrained from full expression. We live now in times of some interest ; and which ought to be far more interesting than they are. No one, not old enough to remember the state of feeling at that time, can have any con ception, from what is now experienced, ofthe intense excitement which then prevailed. LETTER XV. March 9, 1833. In this state of things, Congress, and the whole country, were brought to a sudden pause, by the appointment of John Jay, then Chief Justice of the United States, to be Envoy Extraordinary to Great Britain. This was an unexpected blow to the French party. As soon as they could rally, the administration was attacked, not only for the measure itself, that is, opening a negotiation at all, but especially, that the President should have nominated such a man as John Jay, and furthermore, a judicial officer. It maybe some relief in recurring to these dry and forgotten facts, to state what is recollected of the personal appearance and conduct of Mr. Jay. Soon after Mr. Jay's appointment to the office of Chief Justice, he came to Boston to hold a court. As now remembered, his personal appearance indicated his origin. He was descended from one of the French Protestant families, usually called Hugue nots. This name, which is of uncertain derivation, was, like Puritans, given to a certain class of Christians. It will be re collected that in 1598, when Henry IV. fought his way to the crown, he issued the edict of Nantz, by which he assured to all his Protestant subjects, the rights and privileges enjoyed by those ON PUBLIC CHARACTERS. 91 who were Catholics. In 1685, this edict was revoked by Louis XIV. ; at the instigation, it is said, of one of his female favorites, who had great power over him. The Huguenots escaped from France, and carried with them skill, talents, industry and property, and established themselves in different parts of Europe. Many families found their way to America in the course of time. Francois supposed to have lost, by persecution and emigration, a million of its best subjects. Mr. Jay's family came over, and settled in New York. He was born in this country. He was forty-four years of age when appointed Chief Justice in 1790. His height was a little less than six feet; his person rather thin, but well formed. His com plexion was without color, his eyes black and penetrating, his nose aquiline, and his chin pointed. His hair came over his forehead, was tied behind, and lightly powdered. His dress black. The expression of his face was exceedingly amiable. When standing, he was a little inclined forward, as is not un common with students long accustomed to bend over a table. His manner was very gentle, and unassuming. This impression of him was renewed in 1795, in New York. He had returned from his mission to England in that year, and had been chosen Governor of New York, which office he assumed in July. He was then about fifty, (December, 1795.) His deportment was tranquil and unassuming ; and one who had met him, not knowing who he was, would not have been led to suppose, that he was in the presence of one eminently gifted by nature with intellectual power, and who had sustained so many offices of high trust and honor. About six years after this time, he retired from public life, and almost from the world, and passed the remainder of his days at the family estate at West Chester. He took no part in political affairs, and was not publicly heard of, except in two or three in stances, when he answered inquiries concerning facts within his knowledge. History will assign to John Jay an elevated rank among the great ; not only so, it will place him equally high among the pure 92 FAMILIAR LETTERS and the virtuous. Throughout his useful and honorable life, he was governed by the dictates of an enlightened Christian con science. He thought and acted under the conviction, that there is an accountability far more serious than any which men can have to their fellow men. The bravest soldiers, and the worthiest statesmen, have ever been those who believed in such accounta bility. . Other events of the year 1794 remain to be mentioned. Con gress adjourned June 9th, in very ill humor. In February before, Mr. Fauchet had arrived as minister from France, having with him two associates, or counsellors, of consular rank. The French government requested the recall of Mr. G. Morris, who had taken no pains to conceal his disapprobation of the revolutionary pro ceedings. This was complied with, and Mr. Monroe, to whom no such objection could be made, was his successor. In August, 1794, the whisky rebellion had taken so serious a character in Pennsylvania, that an army was formed, composed of volunteers from that state, and detachments of militia from New Jersey, Maryland, and Virginia. The Governor (Mifflin) exerted himself very honorably on this occasion; and took com mand of the troops of his state. The Governor of New Jersey commanded the troops of that state. Those of Maryland and Virginia, as well as the others, were under command of General Henry Lee, then Governor of Virginia. When these troops had assembled at two respective places of encampment, Washington visited them, and directed Hamilton to accompany them to the West. The insurgents did not venture to meet this force ; and the rebellion ceased without conflict. Two individuals were tried and convicted, and afterwards pardoned. No further opposition was then made to the excise law. It is supposed that this rebel lion was instigated by some men of intelligence and influence ; but there is no such certainty of this as would justify the mention of names. During this year the democratic societies, or Jacobin Clubs, had extended themselves over the whole country, and took a most ON PUBLIC CHARACTERS. 93 active and offensive part against the administration. They as sumed that "the people" had the right to dictate to the govern ment the measures to be pursued ; and that they were " the people." These societies were attacked in various ways from the press and otherwise ; sometimes by severe reproach, and sometimes by satire. They gradually became odious, and disappeared. In 1794 the celebrated Talleyrand was in the United States. He had been required to leave England. In July and August he was in Boston. His personal appearance was as remarkable as his character. His height was above middle stature, hair light, complexion sallow, eyes blue ; mouth wide and far from hand some. His body was large, and protuberant in front, his lower limbs remarkably small and his feet deformed. He declined speaking English, whether he could, or not. He may have been about forty years of age. The expression of his face was tran quil, and his manner that of a cool observer. Little is known of what he did observe, except from a small publication which he made on his return to France.* No man lives who has seen a greater variety of fortune. The world would be his debtor, if he should bestow upon it his knowledge of the secret springs of political events. This is not to be expected. He will probably withdraw with little solicitude as to what is said, or done, believed or discredited, after he is gone.f At the close of the year, 1794, General Knox resigned his " It is entitled, Memoir concerning the Commercial Relations of the United States and England; by citizen Talleyrand, read at the National Institute; 15 Mes- sidor year V. f While in this country on a visit to the city of New York, Talleyrand frequently dined at the table of a lady, but lately deceased. She described him as having been lame, possessing an intelligent countenance, with long light hair, parted in the centre of his forehead, and a very expressive eye. He would sometimes, during dinner, rest both of his elbows on the table, supporting his face between his hands, and carry on a conversation with his mouth so full that he could scarcely articulate. She also said, that he would oftentimes cut up all the meat on his plate into small pieces, press piece after piece upon his fork until the prongs were full, then thrust it into his mouth, and closing his teeth, pull at the fork until it left every piece in his capacious jaws. 94 FAMILIAR LETTERS place as Secretary at War, and came to Boston. His successor was Timothy Pickering, who was at that time Postmaster General. When Hamilton returned from the western expedition towards the close ofthe year, he gave notice that he should resign on the 31st of January following. His successor was Oliver Wolcott. The last important public act of Hamilton, and perhaps not inferior to any one, was a report on the means of sustaining the public credit, embracing a comprehensive view of the system which he had pursued. The unexpected reduction of the public debt* is entirely the consequence of Hamilton's measures. He may safely rest his fame, as a statesman, on his labor and success in placing the public credit, so essential in war and in peace, on a firm foundation. It is perfectly in keeping, that anti-federal rulers should assume to have won the plumes which they found in the seats of their predecessors, and should wear them with the insolence, which is the privilege of plunderers. LETTER XVI. March 11, 1833. Mr. Jay arrived in England in June, 1794. In November a treaty was signed. It arrived in the United States on the 7th of March following. The President, to prevent the pre-occupation of the public mind, did not allow its provisions to be known by any person but Mr. Randolph. Yet within two days, a series of essays was commenced in a newspaper in Philadelphia, condemning the treaty in the most opprobrious terms. The treaty had not been published in England ; and no copy had been received by the British minister. The President was astonished at the publication, and had no suspicion of the channel through which it occurred. * This refers to the reduction of the public debt under Andrew Jackson. ON PUBLIC CHARACTERS. 95 * The Senate was convened on the 9th of June. Pending the dis cussion in the Senate, one of the opposition members, Mr. Mason, of Virginia, took a copy and caused it to be published in a Phila delphia paper. The whole country was immediately inflamed. Not only the opposition, but a large portion of those who had supported the administration, were against the ratification. The former now attacked the President personally, through the public papers. They denied to him all qualifications of a statesman, or even of a soldier. They charged him with being the tool of England, and with having fraudulently drawn money from the treasury. Addresses were sent in from nearly all the seaports, and from many interior towns, stating the reasons why the treaty should not be ratified. In Boston, at a town-meeting, there was but one man who raised his voice in favor of it. But the chamber of commerce, composed of all the respectable merchants, sent, almost unanimously, their address of approbation. Amidst all this ferment Washington stood as firm and undis turbed as he had ever done, relying on the consciousness of per forming his duty, with all the intelligence which could apply to the subject. His letter to the Selectmen of Boston, is worth trans cribing, to show the serenity of a great and good mind, under as trying circumstances as can occur to any man. United States, 28th July, 1795. Gentlemen : In every act of my administration, I have sought the happiness of my fellow- citizens. My system, for the attainment of this object, has been, to overlook all personal, local, and partial con siderations; to contemplate the United States as one great whole; to confide, that sudden impressions, when erroneous, would yield to candid reflection; and to consult only the permanent, and sub stantial interests of our country. Nor have I departed from this line of conduct, on the occasion which has produced the resolutions contained in your letter of the 13th inst. Without a predilection for my own judgment, I have weighed, 96 FAMILIAR LETTERS with attention, every argument which has at any time been brought into view. But the constitution is the guide which I never can abandon. It has assigned to the President the power of making treaties, with the advice and consent of the Senate. It was doubtless supposed, that these two branches would combine, without passion, and with the best means of information, those facts and principles on which the success of our foreign relations will always depend ; that they ought not to substitute, for their own convictions, the opinions of others ; or to seek truth through any channel but that of atemperate and well informed investigation. Under this persuasion I have resolved on the manner of exe cuting the duty before me. To the high responsibility attached to it, I freely submit; and you, gentlemen, are at liberty to make these sentiments known, as the grounds of my procedure. While I feel the most lively gratitude for the many instances of approba tion from my country, I can no otherwise deserve it than by obeying the dictates of my conscience. With due respect, I am, Gentlemen, Your Ob't. Geo. Washington. The treaty was ratified on the 24th of June, by precisely the constitutional majority, (two-thirds,) after an investigation contin ued from the 9th of the same month. At the very time when these addresses were pouring upon the President from all quarters, an incident occurred of deep interest to him, to his Secretary Mr. Randolph, and to the whole country. It also disclosed the character of French diplomacy, under the new republic, in a very unexpected manner. The unfortunate French nation had voted down the only rational support of public and private morals. They had raised a deity, whom they called Reason, and to whom they rendered their worship. With such creed, worship, and their national enthusiasm, they had become a terrible people to the civilized world. They were so thought of by the considerate people of the United States. But not by the op position to Washington, and his measures. Clearly, not by Mr. ON PUBLIC CHARACTERS. 97 Jefferson. He, on the contrary, beheld in the success of French power, diplomatic and martial, the overthrow of "monarchists, Anglomen, and federalism;" the downfall of England, and the fruition of all the blessings, which he and his associates had to bestow on his country, as soon as the opportunity should arrive. LETTER XVII. Makch 17, 1833. Mr. Fauchet's instructions and authority appear to have been much of the same import with those of Genet, but he was much more of a diplomatist. In October he framed a dispatch, giving his views of the state of the country, and of parties, and an ac count of his intercourse with the friends, of France in the United States. His communication was sent by the Jean Bart, a French privateer, which was captured by a British frigate. As the frigate's boat approached the privateer, Fauchet's dispatches were thrown overboard. There was an English captain on board the privateer, whose ship the privateer had taken. This captain followed the dispatches, (supposing them to be his own ship's papers,) seized them, and kept afloat till the frigate's boat came to him. These were sent to Mr. Hammond, British minister at Philadelphia, and by him delivered to Mr. Wolcott, who carried them to the Presi dent as soon as he returned from Mount Vernon, the 11th of August. Mr. Wolcott had received them the 28th of July. Every one who remembers anything of the political events of that day, cannot have forgotten "the precious confessions" of Edmund Randolph, then Secretary of State. Whether Fauchet told the truth or not, this is his language: "Two or three days before the proclamation" (of the President on the western insur- _ rection) "was published, and of course before the cabinet had 9 98 FAMILIAR LETTERS resolved on its measures, the Secretary of State came to my house. All his countenance was grief. He requested of me a private conversation. It is all over, he said to me ; a civil war is about to ravage our unhappy country. Four men by their talents, their influence, and their energy, may save it. But, debtors of English merchants, they will be deprived of their liberty if they take the smallest step. Could you lend them instantaneously funds suffi cient to shelter them from English prosecution ? This inquiry- astonished me much. It was impossible for me to make a satis factory answer. You know my want of power and deficiency in pecuniary means." "Thus with some thousands of dollars the Republic could have decided on civil war or peace. Thus the consciences of the pretended patriots of America have already their prices." "What will be the old age of this government, if it is thus already decrepit!" When the dispatches of Fauchet were made known to the President, he was still deliberating on the ratification of the treaty. The causes of Mr. Randolph's determined opposition, and of the advice which Randolph had so often given in his official station, were now fully disclosed. On the 12th the President held a council with his three secretaries, (Pickering, Wolcott and Ran dolph,) on the ratification, probably to see for himself, among other things, the manifestation of Mr. Randolph's views. He continued to treat Mr. Randolph with his usual courtesy, while the dispatches were in the hands of the translator; and on the 15th and 18th received Mr. Randolph at his table. On the 19th, while the President was conversing with Mr. Pickering and Mr. Wolcott, Randolph came in. The President rose and pre sented to him the intercepted letter, and requested him to explain it, if he could. Perceiving his confusion, the President proposed to him to step into another room and consider of it. He presently returned, and said he would make his explanation in writing. Soon after he resigned. Mr. Randolph published a defence, after following Mr. Fauchet to Newport, (Rhode Island,) whither Fauchet had gone to embark for France. Mr. Randolph reached ON PUBLIC CHARACTERS. 99 Newport on the 31st, but failed to obtain a countervailing cer tificate. Fauchet promised it, but sailed without giving it. In the midst of all these vexations the President ratified the treaty on the 14th of August. The general sentiment at the time was, that Mr. Randolph had abused the confidence which the President placed in him, and that his party devotion had subjected him to severe reproach. To what extent Mr. Randolph was culpable, it is not material to inquire. With Mr. Randolph, as an individual, there is no intention to interfere, but only to show what the state of the country was, and what the influence of French feeling was. Mr. Randolph (at Richmond) in the autumn of 1796 had re turned to the practice of the law. He was obviously under a cloud. His appearance was that of a dejected being. Mr. Randolph was a man of large person, with a heavy, grave face. His reputation, as a lawyer, was very respectable. At this day, candor compels us to say, Mr. Randolph had no treasonable views with regard to his own country. He may have been so misled by the excitement of the times, as to have justified to himself anything that would tend to the injury of England, and to the benefit of France. But how far he could justify his acts on this ground, while he held the station of Secretary, and had the confidence of the President, is quite another consideration. Timothy Pickering, who was at this time Secretary of War, was charged with the duties of Secretary of State on Mr. Ran dolph's resignation, and appointed to this office in December following. In January following, James McHenry was appointed to the office which Mr. Pickering had left. Between the month of August and the end of the year, several events occurred, which will merely be mentioned to keep up the connection with those more interesting. Favorable treaties had been made with the Indians in the west and in the south ; of the latter we have lately heard something in connection with the movements in Georgia. The Algerines had taken our vessels, and held many Americans as slaves. A treaty 100 FAMILIAR LETTERS was made with them, as the United States had no maritime force to prevent their aggressions. There had been indications, that some arrangement might be made with Spain concerning the dis puted rights on the Mississippi, and on the navigation of that river. William Short, of Virginia, was minister resident in Spain, and was succeeded the next summer by a gentleman of South Carolina, Thomas Pinckney, usually called Governor Pinckney, to distin guish him from Charles Cotesworth Pinckney, and his brother Thomas, then minister at London.* Governor Pinckney was not of the family of Charles and Thomas, unless by some remote relation, and was a very different character from either of them. There was a fourth gentleman (William) of this name, of much celebrity, and especially in the profession of the law. He was not of the Pinckney families of South Carolina. He was of Mary land, and his name was written Pinkney. f The two brothers, in * This is an error. Thomas Pinckney, the brother of Charles C. Pinckney, and minister at London at the time Mr. Jay was sent there as Envoy Extraordinary, was, while at London, commissioned as Envoy Extraordinary to the Court of Spain, and succeeded William Short. This gentleman negotiated the treaty of 1795, with Spain, and not Governor Pinckney, whose name was Charles, for some time a Sena tor from South Carolina, and was sent subsequently to Spain. f As there may not be occasion to mention Mr. WilUam Pinkney again, this opportunity is taken, to record an anecdote illustrative of his singular habits and peculiarities. He was a great dandy in his dress, but a very able advocate and distinguished lawyer. He was often retained from distant states for important causes. This occurred at Boston, when Judge Parsons was Chief Justice of Massachusetts. On a certain day, the cause was called up in the Supreme Court for arjjument, but Mr. Pinkney did not answer to his name. The Court were displeased, and became impatient, when, after some delay, the gentleman made his appearance. He was dressed in a green riding coat, Wellington boots, somewhat splashed with mud, with white kid gloves, and carried a hght whip in his hand. He addressed the Court : " I am sorry to have kept the Court waiting !" " The Court are also sorry, Mr. Pinkney," replied the Chief Justice somewhat sharply. Nettled at this retort, Mr. Pinkney stated, that he had that morning started upon a ride, having forgotten this cause, but on its recurring to his mind, when some miles distant from the city, - he had hastened back with all speed. Mr. Pinkney appeared for the defendants. The argument was opened for the plaintiffs, and Mr. Pinkney sat listlessly whip ping his boot with his riding cane, apparently bestowing but little attention upon ON PUBLIC CHARACTERS. 1Q1 pursuance of their father's positive direction by will, received the best education, and were at Westminster School in England and at Oxford ; and were admitted to the bar in London. Both of them served in the war of the revolution ; and both of them were among the most honorable and excellent ofthe land. They were afterwards candidates for the presidency. Thomas was a man of about six feet in stature, of well formed, thin person, of tranquil, modest appearance, and had the reputation of being a person of high intellectual cultivation, and was certainly of most amiable deportment. Being one day on the edge of the cliff, which overlooks the falls of the Mohawk river, he employed him self in loosening some large stones to roll down the precipice. As they descended, he repeated lines from the Latin and Greek poets which are descriptive of the noise made by the rolling, rapid descent of a stone. Charles, the elder brother, made a visit to the east in 1804, and passed the summer at Boston and in its vicinity. He was of middle stature, and rather a full person compared with his brother. He was quite bald on the top of his head ; his hair was short and gray at the sides. His countenance was grave, but the expression was intelligent and amiable ; his manners calm and dignified. He was one of those who carry, in their appearance, the certificate of having always been gentlemen. He wore boots and spurs con stantly, and was said to wear them even on ship board. Thomas, the efforts of his opponent. At last taking off one glove, he drew a rich card- case from his pocket, extracted a card, and using the top of his hat in lieu of the desk before him, made a few memoranda, as the argument proceeded, with a pen cil. These were his only notes. His turn soon came, when he arose, and made one of those beautiful arguments which had secured him his fame, exhibiting rare research, and great learning. One of the gentlemen opposed to him, being con vinced that no man was capable of such an effort without great preparation, deter mined to ascertain whether Mr. Pinkney had spoken, as he endeavored to make it appear, without any previous study. He asked Mr. Pinkney's servant, a. colored man brought from Baltimore, where his master had been the night previous. — " Massa," said the boy, " was at home and sat up all night a studying." This ex plained the mystery. 9* 102 FAMILIAR LETTERS though not joined in the commission, was Mr. Jay's assistant and counsellor in the negotiation at London in 1794. Of Charles, there will be occasion to speak again. He was probably about sixty years of age in 1804. LETTER XVIII. March 20, 1833. The year 1796 was one of perplexing embarrassment to the government, from the manner in which England and France con ducted their war. It was made still more so by Mr. Adet, who came over in June, 1795, as successor of Fauchet. This gentleman was incessantly complaining of infractions of the treaty with France, and of the violation of neutrality. He lost no oppor tunity of reminding the Americans of their debt of gratitude to France, though if the true motives of the French in giving their aid were known, it would probably deduct essentially from the moral obligation, however important the acts done may have been. When Mr. Monroe went to France he had a most brotherly recep tion; tears in every eye ; all which he duly reciprocated. He carried with him the American flag to present to the National Assembly; by what authority this was done, does not appear. Mr. Adet brought out a French flag, to return the compliment. New Year's day was appointed for the presentation of this flag to the President. Among other things, Mr. Adet said, " I am con vinced that every citizen will receive, with a pleasing emotion, this flag, elsewhere the terror of the enemies of liberty ; here, the certain pledge of faithful friendship ; — especially when we recol lect, that it guides to combat men who have shared their toils, and who were prepared for liberty, by aiding them to acquire their own." This speech drew from Washington that memorable reply, uttered ON PUBLIC CHARACTERS. 103 with the full dignity of the man, and of the office which he filled : "Born, sir, in a land of liberty; having early learned its value; having engaged in a perilous conflict to defend it; having, in a word, devoted the best years of my life to secure its permanent establishment in my country ; my anxious recollections, my sym pathetic feelings, and my best wishes are irresistibly excited, whensoever in any country, I see an oppressed nation unfurl the banners of freedom." He finished with saying, — "I rejoice that liberty, which you have so long embraced with enthusiasm, now finds an asylum in the bosom of a regularly organized government." The flag so presented, and so accepted, was deposited in the " archives," as like things are, and not in view, as the French minister intended it should be. On the 9th of the same month he wrote a letter of complaint to the Secretary of State, that the flag had been so shut up; and demanded that it should be exalted and displayed in the House of Representatives ; and said, that the dis posal made of it would be looked upon by the Republic as a mark of contempt or indifference." But he had, as he had often occasion to know, a sturdy old Roman to deal with in Timothy Pickering, and the flag remained where it was. Soon after Mr. Adet complained of the impressment of American seamen by the British, as a wrong done to France ; and that the United States were thereby voluntarily strengthening the enemies of the Republic, and endangering the liberties of his country. And again, happening to see an almanac, in which the order of foreign rank, therein published, placed England and Spain before the Republic, he sent a formal letter demanding a correction of this injustice, or a disavowal of it, by the executive. Mr. Pick ering answered, that Americans printed almanacs as they pleased, and that the government had nothing to do with it ; but added, for his consolation, that there was an almanac printed in Boston, in which the Republic was ranked first. Such trifles show the temper of the times ; but there are other things of far different import. The controversies about armed 104 FAMILIAR LETTERS vessels, public and private, within the waters of the United States, both English and French, kept the cabinet in constant agitation. Besides these occurrences, French privateers, which had the right by treaty to come in, waylaid and captured American vessels, in some instances, within two hours after pilots had left them, and carried them to the West Indies for consular condemnation. Con troversies arose, also, on the construction to be given to shipments of merchandise, by the law of nations, and by the existing trea ties, which were closely argued in diplomatic intercourse with the French minister. He was sustained throughout, by the French Americans, who considered all he said and did to be right, and that all their own government did was entirely British, and intend ed to be so. But impartial history will show, that never did any executive government struggle harder, and with good temper too, to adhere to the principles of strict neutrality, and to keep out of the war which was overwhelming Europe. As to the complaints made by the French minister, and the manner in which they were answered, these may be found (among public documents accom panying a message to Congress, January 17, 1797) in the very able letter of the Secretary of State to Mr. Pinckney, at that time minister to France. When the treaty with Great Britain took effect, by the inter change of ratifications, the whole country rung with renewed clamor, in which Washington's public services were remembered only as matters of reproach. At the session of Congress which commenced December, 1795, and continued into the summer of 1796, Theodore Sedgwick, of Massachusetts, moved a general proposition for making the laws, necessary for carrying the trea ties into effect made with Algiers, the Indians, Spain, and Great Britain. The latter was soon separated from all the others, and the most ardent and most eloquent, and at the same time, most acrimonious debate ensued, ever known in the House of Repre sentatives. Mr. Livingston, then of New York, and afterwards minister to France, began by moving, that the President should be called on for all the papers relating to the negotiation of the treaty. ON PUBLIC CHARACTERS. 105 This motion was vehemently debated, and, after some days, carried by a majority of fifty-seven to thirty-five. The President answered, with his accustomed coolness and dignity, stating his reasons why the House of Representatives, which has no part in the treaty-making power, cannot be constitutionally entitled to the papers called for; and concluded with saying, "a just regard to the constitution, and to the duties of my office, under all the cir cumstances of this case, forbid a compliance with your request." This refusal was received with an indignation which the majority were at no pains to conceal. The same spirit was widely dis seminated through the country, and everybody felt wise enough to settle the constitutional question, whether the President was right or wrong, in this refusal. Most fortunately for the United States, as afterwards appeared from the operation of the treaty, public opinion had undergone an important change. Popular meetings were again held, and though many of the provisions of the treaty were thought to be objection able, and though omissions were thought to be apparent, yet it could not be doubted that a majority, composed of the most respectable and intelligent citizens, were in favor of carrying the treaty into effect, with entire good faith. It is worthy of remark that Mr. Fox, in the British Parliament, complained that the treaty was very unfavorable to England. It is known, from Mr. Jay's, and from Mr. Pinckney's communications, that the treaty was as favorable to this country, as could have been obtained. The popular sentiment was felt in the House of Representatives, and probably had an important influence on the final result. The debate necessarily took the widest range. Europe — the bel ligerents — the character of the war — our condition — inevitable consequences — dissension among the branches of the government — popular enthusiasm — interest — duty — honor — inflamed party- spirit — war — means wholly inadequate — confusion and anarchy — all figure in this memorable debate, and with the full glow of party excitement, which seemed to have been gathering from the first institution of the government, to storm forth on this occasion. 106 FAMILIAR LETTERS All this may be seen in the mere printed skeleton of debate, which is silent as to tones, looks, and gestures. In a former page, the part which Mr. Ames took, on this occasion, has been noticed. Notwithstanding the state of his health, his speech comprises thirty-five closely printed octavo pages in Dr. Kirkland's compila tion. This extract will give some idea of the character of the discussion: "Our understandings have been addressed, it is true, and with ability and effect ; but, I demand, has any corner of the heart been left unexplored ? It has been ransacked to find aux iliary arguments ; and when that failed, to awaken the sensibility that would require none. Every prejudice and feeling has been summoned to listen to some peculiar style of address ; and yet we seem to consider a doubt as an affront, that we are strangers to any influence but that of unbiassed reason." In committee of the whole, the question on making laws to carry the treaty into effect, rested on the casting vote of the chair man. The final question in the House was carried by a majority of three only, fifty-one to forty-eight. It may gratify curiosity to mention some of the individuals who were then members of this branch of the legislature. Among those who voted, that it was expedient to make laws for carrying the treaty into effect, were, Fisher Ames, Theophilus Bradbury, Nicholas Gilman, Roger Griswold, R. G. Harper, James Hillhouse, Theodore Sedgwick, Jeremiah Smith, William Smith. Among those who voted in the negative were, Abraham Baldwin, Thomas Blount, Thomas Clai borne, Henry Dearborn, Albert Gallatin, William B. Giles, Wade Hampton, Edward Livingston, Nathaniel Macon, James Madison, Joseph B. Varnum. In all, fifty-one for, forty-eight against the measure. With a view to make known to France the true state of the country, and to remove all erroneous impressions, the President contemplated a special mission thither. He had the further in ducement, that he was not satisfied with the ministry of Mr. Mon roe. But finding that he was not authorized, as he considered, to create an office, without the assent of the Senate, but only to ON PUBLIC CHARACTERS. 107 fill vacancies in an existing office, the design was relinquished. Mr. Monroe was recalled, and Charles Cotesworth Pinckney was appointed in September, 1796. Mr. Monroe took offence at be ing displaced, came home, and published a volume of justifica tion, which probably aided him in attaining to the presidency. He therein assumes to say, that if a rupture should happen with France, it would not be occasioned by the misconduct of France, but by Washington's policy, which Monroe calls " short-sighted and bad." LETTER XIX. March 22, 1833. Soon after the adjournment of Congress, (June 1, 1796,) the President engaged himself in attempting the liberation of Lafay ette. It will be remembered, that Lafayette, in the early part of the revolution, considering himself unsafe in France, retired from it, intending to find safety on neutral ground ; and that he was taken by an Austrian patrol, and detained in a dungeon several years, first in the Prussian dominions, and afterwards within those of Austria. The President directed Mr. Pinckney, minister in London, to speak to the ministers from Prussia and Austria, con cerning the interest felt by him in the fate of Lafayette. Finding that the object of his compassion had been transferred to the Em peror of Austria, he wrote a letter to him on the subject. What effect this measure had, does not appear. In 1796, Dr. Bollman was in this country. He had made a gallant attempt to free La fayette, together with a young gentleman of South Carolina, (since known as Colonel Huger,) which was nearly successful. Bollman was a German ; he had nothing in his common deport ment, of the zeal and enterprise which such an attempt would 108 FAMILIAR LETTERS imply. He was a tranquil, quiet gentleman ; with the air, never theless, of a very determined man. In the same year, the pre sent Lord Lyndhurst was in the United States, by the name of Copley. He was a tranquil, quiet gentleman, also. He had the reputation of being a good scholar, but he gave no indication, at that time, that he was thereafter to be Lord Chancellor. He was rather above common stature — of thin person, light complexion, and large blue eyes ; and of very courteous manners. He was born in Boston, and was carried to England when about two years old, before the revolution. He made many friends here, and in other places at the South ; and was much esteemed. Towards the close of the year, the third election of president engaged the national attention. Washington was earnestly soli cited to be a candidate again. All who had opposed his admin istration, were still more earnest that he should not. Every mea sure that party feeling and malice could resort to, was taken to render him odious. It is painful to recur to any of these measures, but the character of the times cannot be understood without doing it. Thomas Paine, an Englishman by birth, came to this country in 1774, and was here during the war. He was a powerful writer for the popular eye. A pamphlet called " Common Sense," gave him some celebrity. The legislature of Pennsylvania voted him .£500 for this production. He was secretary to the committee of foreign affairs; but was dismissed for misconduct. In 1787 he went to France, and thence to England, where he wrote "The Rights of Man," in answer to Burke's Reflections on the Erench Revolution; for which he was indicted, but escaped to France. He was a member of the convention which voted for the death of the king. He voted for banishment. In 1793 he wrote "The Age of Reason," in derision of Christianity ; and in the same year, having fallen under the displeasure of the rulers in France, he was imprisoned ; and so continued to be, till the fall of Robes pierre, in 1795. He returned to the United States, and died near the city of New York, in 1809, at the age of seventy-three. His ON PUBLIC CHARACTERS. 109 true character may be inferred from his writings. Among the pieces of defamation circulated in 1797, was a letter of Paine, addressed to General Washington, though not intended for his eye, but through the press. It is dated at Paris, July 30, 1796. This letter Benjamin Franklin Bache, editor of the "Aurora," consi dered sufficiently valuable to be protected by a certificate of copy-right. From this letter one may learn, what sort of opin ions some of our countrymen, and especially Mr. Jefferson, then considered it proper to circulate. In relation to the funding sys tem, Paine says — " The Chief of the army became the patron of fraud." "Elevated to the chair of the presidency, you assumed the merit of everything to yourself, and the natural ingratitude of your constitution began to appear. You commenced your presidential career by encouraging, and swallowing, the grossest adulation ; and travelled America, from one end to the other, to put yourself in the way of receiving it." Speaking of John Adams and John Jay, (pages 11 and 12,) Paine says, " these are the disguised traitors, who call themselves federalists. John Adams is one of those men who never contemplated the origin of government, or comprehended anything of the nature of first principles." In page 15: "Mr. Washington is known to have no friendships, and to be incapable of forming any — he can serve or desert a cause, or a man, with constitutional indifference." In page 63 : — "As to you, sir, treacherous in private friendship, (for so you have been to me, and that in the day of danger,)* and a hypocrite in public life, the world will be puzzled to decide, whether you are an apostate, or an impostor ; whether you have abandoned good principles, or whether you ever had any." It is not to be sup posed that Mr. Jefferson (who was one of Bache's patrons, as appears from his recommendation to Mr. Madison, to have Bache's paper supported, see vol. iii., p. 387) was ignorant of this na tional insult, offered to Washington by Thomas Paine. Yet among the earliest acts of power, after Mr. Jefferson arrived at * Paine applied to Washington to aid him to get out of Robespierre's dungeon ; which was declined on the ground, that Paine had made himself a French citizen. 10 HO FAMILIAR LETTERS the presidency, was to invite this unworthy person, to take pass age in a national ship to the United States. Within a fortnight after Mr. Jefferson had taken his oath of office, he wrote to Paine (vol. iii., 459):—" The return of our citizens from the frenzy into which they had been wrought, partly by ill-conduct in France, partly by artifices practised on them, is almost entire, and will, I believe, become quite so. But these details, too long and minute for a letter, will be better developed by Mr. Dawson, the bearer of this, a member of the late Congress, to whom I refer you for them. He goes in the Maryland, a sloop of war, which will wait a few days at Havre to receive his letters, to be written on his arrival at Paris. You expressed a wish to get a passage to this country, in a public vessel.* Mr. Dawson is charged with orders to the captain of the Maryland, to receive, and accommodate you with a passage back, if you can be ready to depart at such short warning. I am in hopes you will find us returned, generally, to sentiments worthy of former times. In these, it will be your glory steadily to have labored, and with as much effect as any man living. That you may long live to continue your useful la bors, and to reap their reward in the thankfulness of nations, is my sincere prayer." Among other things, Washington was charged with committing murder in the French war, in 1757; the circumstance alluded to, justified the accusation no more, than if he had been so charged, for what he did at the battle of Monmouth in the revolutionary war. The forged letters, which had been circulated during the war, (purporting to have been written to family friends by Washington,) to make him suspected by his countrymen of being favorably dis posed to the British, were revived and circulated. The National Gazette, before mentioned as having been edited * That he might be protected from British capture and carried to England, where ^ he knew public pumshment awaited him. The consistent Wm. Cobbett, who has ' lately been empkyed in writing the life of Andrew Jackson, caused Paine's bones to be taken up, and carried to England. ON PUBLIC CHARACTERS. HI by Freneau, a clerk in Mr. Jefferson's office, but more especially the Aurora, edited by Bache, daily came forth teeming with abuse and invective. The French minister seems to have thought it his official duty to write a letter to the Secretary of State, under date of the 27th October, 1796, containing the most explicit charges of breach of neutrality; and adds, at the close — "that he will cause this note to be printed, in order to make publicly known the motives which, at the present juncture, influenced the French Republic." This note was accordingly printed in a Philadelphia paper, and came forth as soon as the Secretary could have read the original. LETTER XX. March 25, 1833. On the 15th of November, 1796, the French minister wrote another letter, which, though in diplomatic form, and addressed to the Secretary, he caused to be published at the same time, that it might have the effect intended on the public mind; and which might, also, be an impressive monition to the successor of the President. Mr. Adet calls the wise measure of the administration in 1793 " the insidious proclamation" (of neutrality). This letter of the 15th of November is so descriptive oi ihe fraternization of Republican France, of which Europe was destined to feel the full effect, while the Republic continued, and while the Emperor reigned, that some extracts from it may be acceptable : " The undersigned minister plenipotentiary, moreover declares, that the Executive Directory regards the treaty of commerce, concluded with Great Britain, as a violation of the treaty made with France in 1778, and equivalent to a treaty of alliance with Great Britain; and that, justly offended at the conduct which the American 112 FAMILIAR LETTERS government has held in this case, they have given him orders to suspend, from this moment, his ministerial functions with the Federal Government." "What joy did not the American flag inspire when it waved unfurled in the French Senate. Tender tears trickled from each eye ; every one looked at it with amazement. There, said they, is the symbol of the independence of our American brethren! Be hold there, the pledge of their liberty. May victory always attend it. May it lead to glory none but a free and happy people ! These words, which escaped from a thousand mouths, were the expres sion of the sentiments of the whole nation. Was not an American to each Frenchman, another Frenchman ? He was more — he was a friend ; and that sacred name, amidst civil dissensions, was equally respected by all. "Alas ! time has not yet demolished the fortifications with which the English roughened this country; nor those the Americans raised for their defence ; their half rounded summits still appear in every quarter, amidst plains, on the tops of mountains. The traveller need not search for the ditch, which served to encompass them ; it is still open under his feet. Scattered ruins of houses laid waste, which the fire had partly respected, in order to leave monuments of British fury, are still to be found. Men still exist, who can say, here a ferocious Englishman slaughtered my father; there my wife tore her bleeding daughter from the hands of an unbridled Englishman. Alas! the soldiers who fell under the sword of the Britons, are not yet reduced to dust : the laborer, in turning up his field, still draws from the bosom of the earth their whitened bones ; while the ploughman, with tears and gratitude, still recollects that his fields, now covered with rich harvests, have been moistened with French blood, while every thing around the inhabitants of this country animates them to speak of the tyranny of Great Britain and of the generosity of Frenchmen ; when England has declared a war of death to that nation, to avenge herself for its having cemented, with its blood, the inde pendence of the United States. It was at this moment, their ON PUBLIC CHARACTERS. H3 government made a treaty of amity with their ancient tyrant, the implacable enemy of their ancient ally. 0! Americans, covered with noble scars! 0! you who have so often flown to death and to victory, with French soldiers ! You, who know those generous sentiments which distinguished the true warrior : whose hearts have always vibrated with those of your companions in arms ! Consult them to-day to know what they experience ; recollect at the same time, that if magnanimous souls, with liveliness, resent an affront, they also know how to forget one. Let your govern ment return to itself, and you will still find in Frenchmen faithful friends, and generous allies. " Done at Philadelphia, the 25th Brumaire, 5th year of the French Republic, one and indivisible, (15th November, 1796, O. S.) P. A. Adet." This eloquent appeal, appearing as it did, and when it did, was undoubtedly intended as a French invitation to American citizens, to elect Thomas Jefferson, President. It was nearly successful. But complete success required the lapse of four years more. To promote the object in view, another measure was adopted, namely, the publication of the queries which Wash ington had proposed to his cabinet, on the eve of issuing his pro clamation of neutrality, in 1793 ; and to which written answers were required. It seems to have been his practice, to obtain the separate and deliberate opinions of his ministers, and then to form his own. As the queries were entirely confidential, and as the pub lication of them could not have been made by Hamilton, or Knox, they must have been made by, or with the assent of Jefferson, or Randolph. Jefferson thought proper to write to Washington to exculpate himself. Washington in answering him, uses, among others, these words : "If I had entertained any suspicion before, that the queries which have been published in Bache's paper pro ceeded from you, the assurances you have given of the contrary, would have removed them. . . But the truth is, I harbored 10* 114 FAMILIAR LETTERS none. I am at no loss to conjecture from what source they flowed, through what channel they were conveyed, nor for what purpose they, and similar publications, appear. "As you have mentioned the subject yourself, it would not be frank, candid, or friendly to conceal, that your conduct has been represented as derogating from that opinion I conceived you en tertained of me ; that to your particular friends and connections you have described, and they have denounced me, as a person under a dangerous influence, and that, if I would listen more to some other opinions, all would be well. My answer invariably has been, that I had never discovered anything in the conduct of Mr. Jefferson, to raise suspicions in my mind of his sincerity; that if he would retrace my public conduct while he was in the administration, abundant proofs would occur to him, that truth, and right decisions, were the sole objects of my pursuit; that there were as many instances, within his own knowledge, of my having decided against, as in favor of the person evidently al luded to; and moreover, that I was no believer in the infallibility of the pohtics, or measures of any man living. In short, that I was no party man myself, and that the first wish of my heart was, if parties did exist, to reconcile them. " To this I may add, and very truly, that until the last year or two, I had no conception that parties would, or even could, go the lengths I have been witness to ; nor did I believe, until lately, that it was within bounds of probability, . . hardly within those of possibility, — that while I was using my utmost exertions to establish a national character of our own, independent, as far as our obligations and justice would permit, of every nation on the earth ; and wished, by steering a steady course, to preserve this country from the horrors of desolating war, I should be ac cused of being the enemy of one nation, and subject to the influence of another; and to prove it, that every act of my admi nistration would be tortured, and the grossest and most insidious misrepresentations of them be made, by giving one side only of a subject ; and that too in such exaggerated and indecent terms as ON PUBLIC CHARACTERS. H5 could scarcely be applied to a Nero .... to a notorious de faulter .... or even to a common pickpocket. " But enough of this .... I have already gone further in the expression of my feelings than I intended." Let it not be forgotten, that though Washington seems, to some extent to exculpate Mr. Jefferson, yet, that the base and wicked slanders and criminations of which he complains, appeared in the newspaper edited by Mr. Jefferson's clerk, Freneau, and in that edited by Bache. It will be seen, hereafter, that on one occasion, Washington complained to Mr. Jefferson of the publica tions, which appeared in Freneau's paper, and also in what man ner Mr. Jefferson was pleased to treat that complaint. LETTER XXI. March 30, 1833. On the 7th of December, 1796, Washington met Congress for the last time, and commended to their attention many highly im portant subjects, some of which have been attended to, and others neglected. He adverted, modestly, to the course which he had pursued in conducting the government, but did not condescend to notice the slanders which had been poured out against him. He had published his memorable Farewell Address, in the month of September, 1796. It is characteristic of Mr. Jefferson, that he makes an attempt to rob Washington, in some degree, of the authorship of this precious legacy; and to transfer it to his friend Mr. Madison. There is not the slightest evidence anywhere, that Washington had any such regard, or respect for Mr. Madison, politically or individually, as to lead to the belief, that this gentleman would have been the selected object of confidence on this delicate and 116 FAMILIAR LETTERS serious occasion. Mr. Jefferson says, — (in a letter forjudge Johnson, of South Carolina, vol. iv. p. 370,) "With respect to his farewell address, to the authorship of which, it seems, there are conflicting claims, I can state to you some facts. He had de clined a re-election, at the end of his first term, and so far determined, that he had requested Mr. Madison to prepare for him something valedictory, to be addressed to his constituents on his retirement." When at the end of his second term, when his vale dictory came out, Mr. Madison recognized in it several passages of his draught; several others, we were both satisfied, were from the pen of Hamilton ; and others from that of the President himself. These he, probably, put into the hands of Hamilton to form into a whole ; and hence it may all appear in Hamilton's hand-writ- ting, as if it were all his composition." That is, Hamilton took Madison's manuscript, and adopted it as his, but to appear as Washington's ! The truth, in this matter, is now known from the pen of John Jay.* Until the close of his administration, Washington had never publicly noticed the "forged letters; " he then thought it proper to address to the Secretary of State, to be filed in his office, a solemn declaration that they were forged. On the 22d of February, 1797, the citizens of Philadelphia asked Washington's presence at a ball, intended as a mark oftheir respect. At that time, there was a circus, and an hotel, (known as O'Ellers',) on the south side of Chestnut Street, between Sixth and Seventh Streets. The circus was floored over for dancing, and otherwise suitably prepared ; and a settee, with a canopy over it, arranged in an elevated position for Mr. and Mrs. Washington. -He did not confine himself to this, but moved about the circus, conversing freely with the company, consisting of citizens, dis tinguished member of Congress, all foreign ministers, and invited strangers. An opening was made through the wall of the hotel, from the circus, and the company passed through this into the hotel * See Appendix.— Letter from Hon. John Jay, to the Hon. Richard Peters. ON PUBLIC CHARACTERS. 117 to sup.* On the 4th of March (1797) he was present when John Adams took the oath of office : and he appeared to be sincerely glad, in the manner of his congratulations to the new President, that the care and responsibility of that station, were no longer his own. In two or three days he withdrew from Philadelphia to Mount Vernon, to leave it no more for the residue of his life . f He was sixty-five years of age the 22d of the preceding February. The following are recollections of Washington, derived from repeated opportunities of seeing him during the three last years of his public life. He was over six feet in stature ; of strong, bony, muscular frame, without fulness of covering, well-formed and straight. He was a man of most extraordinary physical strength. In his own house, his action was calm, deliberate, and dignified, without pretension to gracefulness, or peculiar manner, but merely natural, and such as one would think it should be in such a man. When walking in the street, his movement had not the soldierly air which might be expected. His habitual motions had been formed, long before he took command of the American armies, in the wars of the interior, and in the surveying of wild erness lands, employments in which grace and elegance were not likely to be acquired. At the age of sixty-five, time had done nothing towards bending him out of his natural erectness. His deportment was invariably grave ; it was sobriety that stopped short of sadness. His presence inspired a veneration, and a feel ing of awe, rarely experienced in the presence of any man. His mode of speaking was slow and deliberate, not as though he was in search of fine words, but that he might utter those only adapt ed to his purpose. It was the usage for all persons in good so ciety, to attend Mrs. Washington's levee every Friday evening. He was always present. The young ladies used to throng around him, and engage him in conversation. There were some of the well-remembered belles of that day, who imagined themselves to * This hotel was shortly after destroyed by fire ; and the circus has long since given place to other buildings. t He appeared once as a grand juror and served as foreman. 118 FAMILIAR LETTERS be favorites with him. As these were the only opportunities which they had of conversing with him, they were disposed to use them. One would think, that a gentleman and a gallant soldier, if he could ever laugh, or dress his countenance in smiles, would do so when surrounded by young and admiring beauties. But this was never so ; the countenance of Washington never softened ; nor changed its habitual gravity. One who had lived always in his family, said, that his manner in public life, and in the seclu sion of most retired life, was always the same. Being asked whether Washington could laugh ; this person said, that this was a rare occurrence, but that one instance was remembered, when he laughed most heartily at her narration of an incident in which she was a party concerned; and in which he applauded her agency. The late General Cobb, who was long a member ofhis family during the war, (and who enjoyed a laugh as much as any man could,) said, that he never saw Washington laugh, excepting when Dr. Thomas of Massachusetts came to dine at head-quarters. This gentleman had a fund of ludicrous anecdotes, and a manner of telling them, which relaxed even the gravity of the commander- in-chief. General Cobb also said, that the forms of proceeding at head quarters were exact and precise ; orderly and punctual. At the appointed moment, Washington appeared at the breakfast-table. He expected to find all the members of his family, (Cobb, Ham ilton, Humphreys, were among them,) awaiting him. He came dressed for the day, and brought with him the letters and dis patches of the preceding day, with short memoranda of the an swers to be made ; also the substance of orders to be issued. When breakfast was over, these papers were distributed among his aids, to be put into form. Soon after, he mounted his horse to visit the troops, and expected to find, on his return before noon, all the papers prepared for his inspection and signature. There was no familiarity in his presence ; it was all sobriety and busi ness. His mode of life was abstemious and temperate. He had a decided preference for certain sorts of food, probably from ON PUBLIC CHARACTERS. 119 early associations. Throughout the war, as it was understood in his military family, he gave a part of every day to private prayer and devotion. While he lived in Philadelphia as President, he rose at four in the morning ; and the general rule of his house was, that the fires should be covered, and the lights extinguished at a certain hour; whether this was nine or ten, is not recollected. In the early part of his administration, great complaints were made by the opposition, of the aristocratic and royal demeanor of the President. Mr. Jefferson makes some commentaries on this subject, which do no credit to his head or his heart. These are too little to be transcribed from the works of this " great and good man." (See vol. iv., p. 487.) Dr. Stuart, of Virginia, wrote to him of the dissatisfaction which prevailed on this subject in Vir ginia. In the 5th vol. of Marshall, page 164, will be found an extract of Washington's vindication of his conduct ; and a most satisfactory one, and which shows the proper character of Mr. Jefferson's "Anas." These complaints related, in particular, to the manner of receiving such visitors as came from respect, or from curiosity, of which there were multitudes. The purpose of Washington was, that such visitors should accomplish their ob jects, without a sacrifice of time, which he considered indispens able to the performance of his public duties. He devoted one hour every other Tuesday, from three to four, to these visits. He understood himself to be visited as the President of the United States, and not on his own account. He was not to be seen by anybody and everybody ; but required that every one who came, should be introduced by his secretary, or by some gentleman whom he knew himself. He lived on the south side of Market Street, just below Sixth.* The place of reception was the dining room in the rear, twenty-five or thirty feet in length, including the bow projecting into the garden. Mrs. Washington received her visitors in the two rooms on the second floor, from front to rear. * This was the house of Robert Morris before Washington occupied it. 120 FAMILIAR LETTERS At three o'clock, or at any time within a quarter of an hour afterwards, the visitor was conducted to this dining room, from which all seats had been removed for the time. On entering, he saw the tall manly figure of Washington clad in black velvet ; his hair in full dress, powdered and gathered behind in a large silk bag; yellow gloves on his hands; holding a cocked hat with cockade in it, and the edges adorned with a black feather about an inch deep. He wore knee and shoe buckles ; and a long sword, with a finely wrought and polished steel hilt, which appeared at the left hip ; the coat worn over the sword, so that the hilt, and the part below the folds of the coat behind, were in view. The scabbard was white polished leather. He stood always in front of the fire-place, with his face towards the door of entrance. The visitor was conducted to him, and he required to have the name so distinctly pronounced, that he could hear it. He had the very uncommon faculty of associating a man's name, and personal appearance, so durably in his memory, as to be able to call any one by name, who made him a second visit. He received his visitor with a dignified bow, while his hands were so disposed of as to indicate, that the salutation was not to be accompanied with shaking hands. This ceremony never occurred in these visits, even with his most near friends, that no distinction might be made. As visitors came in, they formed a circle around the room. At a quarter past three, the door was closed, and the circle was formed for that day. He then began on the right, and spoke to each visitor, calling him by name, and exchanging a few words with him. When he had completed his circuit, he resumed his first position, and the visitors approached him in succession, bowed and retired. By four o'clock this ceremony was over. On the evenings when Mrs. Washington received visitors, he did not consider himself as visited. He was then as a private gentle man, dressed usually in some colored coat and waistcoat, (the only one recollected was brown, with bright buttons,) and black, on his lower limbs. He had then neither hat nor sword ; he moved about ON PUBLIC CHARACTERS. 121 among the company, conversing with one and another. He had once a fortnight an official dinner, and select companies on other days. He sat (it is said) at the side, in a central position, Mrs. Washington opposite ; the two ends were occupied by members of his family, or by personal friends. LETTER XXII. April 2, 1833. At this day, the conduct and character of Washington are spoken of with respect and veneration by most men. We have seen several sorts of administration of public affairs since his time ; it is not too soon to consider, calmly and dispassionately, the worth of that conducted by himself. It may be, that the efforts made in Washington's lifetime, by Paine, Bache, and Freneau, (to say nothing of any which Mr. Jefferson may have made, paid for, or approved of,) to deprive him of the esteem of his countrymen, have still some effect on the public mind. But the day will come, when Washington and Jefferson will both be remembered, by all who seek correct information, as they should be. Washington brought into office the reputation of a successful military chief. Not that which depends on personal courage ; nor that which arises from the able use of the best means for con ducting warfare ; but the reputation of having used means which we now look back upon with astonishment, as having been capa ble of effecting the independence of the country. In all his agency, then, and ever after, wisdom, firmness, perseverance, great ability, unimpeachable integrity, are admitted to be his attributes. Infamous slanders have been forgotten in the lapse of time ; and some of those who paid for them, and circulated them, find their own interests promoted, in having them forgotten. 11 122 FAMILIAR LETTERS Washington was not a successor. He had no path before him, marked out by time and experience. He had a nation to rule, who were to receive rules for the first time under a voluntary go vernment, obtained with great exertion, and against the will of an able and irreconcilable minority. There was no reverence for ancient usages, no affection for a system, which its subjects had been born under, and had grown up with ; no cherished re collections of evils averted and benefits secured, under a faithful exercise of power. There were the abstract rules of a constitu tion ; no laws, no officers, no application of its force, to the ex igencies of the country. There were ¦ all the complicated and embarrassing concerns of the late war ; craving creditors to the amount of many millions ; a pervading sense of gratitude to France ; the memory of bitter sufferings under the cruel exercise of British warfare, from one end of the continent to the other ; and most especially in the south. The memory of suffering in the south, particularly in South Carolina, was deep and irradicable. War there, was bereft of all the magnanimity and forbearance which modern usages, under Christian influence, have introduced to mitigate its horrors. It was vindictive, unsparing, merciless civil war. It was worse yet; it was a wanton exercise of force, which was infamous, even when attempted to be palliated by calling it the lawful exercise of power against rebels. A correspondent feeling and action followed on the part of the Americans. Besides the evils of such a war, the inhabitants of the country were divided into whig and tory parties, and carried* all the bitterness of the times into these distinctions. Among the most disgraceful and mournful tragedies ever acted among men, was the execution of the gallant and hon orable Colonel Isaac Hayne, on the 4th of August, 1781, at Charleston. The names of the two British officers who had the heart to order this, shall not be mentioned. They resisted such an appeal as ought to have softened the hardest substance that can be called a human heart. The second Gothic king, who wore a Roman crown, died of remorse, that he had put a fellow man ON PUBLIC CHARACTERS. 123 to death, under circumstances more excusable than those which carried Colonel Hayne to a place of execution. No time, no distance, should ever permit the oblivion of such scenes ; that they may serve. to moderate the exercise of power, and warn the soldier that future generations will judge of him with impartial justice. Such feelings towards the British, were, from like causes, prevalent in Virginia. The elements of opposition, needed only some combining and exciting cause, to be felt in all their force. To the high responsibility of giving motion and effect to the new system, among all' these discordant elements, it was the lot of Washington to be called. Without going minutely into mea sures, let us glance at the prominent ones, and judge by the light of experience, whether he, and his political associates, were right or wrong. Was it right, or wrong, to provide for the payment of the public debt, justly called "the price of liberty1?" Who can answer in the negative ? Was the manner of this provision right or wrong ? If wrong, it must have been so from not paying the holders of securities, which had changed hands innumerable times, at the rate of purchase. How could this be ascertained ; and was every bargain made in the United States, to be traced through all its steps to the original holder ? If some men thought better of event ual solvency of the nation than others did, and chose to take the risk, was this a reason why they should not be paid ? If one man could purchase an article of uncertain value, at a rate which the owner was disposed to take, what law of justice, or honor, for bade the purchase ? It is true, that the poor soldier and the war worn officer had parted, in their poverty and necessity, with the paper payment for their services, for an almost nominal consider ation. But what was this to the creditor ? To these soldiers and officers, there was still a national debt in gratitude and just ice. It has been poorly paid to survivors, after most of the whole number had found their graves. Gratitude is a fruitless claim in most cases, when presented to the conscience of a na- 124 FAMILIAR LETTERS tion. Not to have done what was done, would have been injustice, for which there could have been no palliation. The manner of this provision — was this right, or wrong ? The amount of the revolutionary debt, estimated at specie value, in 1790, was ($135,190,703) more than one hundred and thirty-five millions of dollars. It was to be liquidated and funded, and provision made for interest and principal. To this end, the com mercial regulations, now in force* comprising the whole system of shipping interests, and insensible taxation by duties on importa tion, were established. These regulations have been adhered to, in all the hostility manifested in later.times, to the Washington administration. But it was not for the occasion of the day, that they were established; it was to make a sure foundation (united with other subjects) for national credit and security in all future times. When the government has been well conducted, and has deserved public confidence, these regulations have answered the intended purpose. From this system of things arises now the vital strength of the national government; a strength which may be safely relied on in every emergency, when the national rulers have justly the confidence of the country. We hear, at this day, proud boastings of the extinction of the- national debt of the revo lution, and of the one hundred millions of debt accumulated in the late war. By whose wisdom and foresight was it, that the extinc tion of the debt has been effected ? By those who founded the financial system, or those who, since that time, have applied it, well or ill, as the case may be ? Was Washington's administration right, or wrong, towards France and England, during their vindictive and exterminating war ? No man ever had a more delicate and difficult task to per form than in relation to these belligerents. To both of them, this country, situated at the distance of three thousand miles from the cabinets of each, and near colonies of both, was a subject of unceasing jealousy. Each desired to prevent this country from * Refers to the year 1833. ON PUBLIC CHARACTERS. 125 becoming adversely a party in the war: and France was reso lutely determined, by every art of corruption and intrigue, and by open menace, that it should become a party, in alliance with her. What could this country gain, and how much was it sure to lose, by engaging in the war, on either side! Surely the true I policy of the country was strict neutrality. To preserve this, the most forbearing and conciliatory measures were adopted towards each ; ministers were sent, and instructions given to show, that the United States were and meant to be neutral. When the conduct of Great Britain became intolerable in the capture of American ships, was it best to go tp war, and take the chances of French fraternity, or to send a special messenger to make explanations, and demand reparation? The good sense of the country came to the relief of the administration in this mea sure ; and the country was saved from the calamities which threatened it, by the ratification of Mr. Jay's treaty, and by popular approval. To the last hour of his administration, Washington persevered in his neutrality; and was able to countervail the popular clamor in favor of France. We can look back calmly, on the policy of that peculiar country ; we now know what the fate of all countries was that submitted to French alliance, whether republican or im perial; and we can plainly see what would have been the fate of this country, if Washington had yielded to the hollow assurances and open menaces of Genet, Fauchet, and Adet, sustained, as they were, by an unfaithful or deluded portion of our country, sometimes amounting to a popular majority. In the discretionary exercise of executive power, the Washing ton administration was wise and tolerant. In filling offices, the President preferred, when he could, the revolutionary chiefs, of whose integrity, and ability, he had ample proofs. No one will say, that such men did not deserve the honors and emoluments of office, which their own perilous efforts helped to establish. He did not, like some ofhis successors, profess to ask: Is he honest, is he capable, is he faithful to the constitution? He appointed 11* v,,^ <.-/-&, i>-K 126 FAMILIAR LETTERS men that were so. He displaced no man for the expression of his opinions, even in the feverish excitement of French delusion. With regard to all other foreign governments; the judiciary; the national bank; the Indian tribes; the mint; in his deport ment to his own ministers; his communications to Congress; his construction of the constitution ; his sacred regard for it ; his devo tion to the whole Union ; his magnanimity and forbearance ; his personal dignity ; in all these, and in relation to all other subjects, how great and honorable was his example, how transcendently above all praise that man can bestow ; and yet how utterly have his views, and his example been disregarded within these thirty years! As successive events and new agents arise in our national progress, and means of comparison are lost in the lapse of time, we are in great danger, by taking those which are most recent, of descending by steps, to the end of republican freedom. The state of our country now, freed as it is from debt,* disentangled as it is from European alliances, fearless as it is from Indian ag gressions, presents an humiliating contrast with its condition at the close of the last century. On the disheartening difficulties of that day, time has rolled its tide. Not one in a thousand of those who were then minors, or born since, has given a serious thought to them, with a view to know, as to all that is now doing, what is right or wrong. These real difficulties are gone ; and what have succeeded to them ? Those of domestic creation; the jea- # lousies and enmities fomented among the members of the same family; the cravings for power and distinction; the reign of selfishness, and of passion. By these the strength ofthe govern ment is to be tried, as its founders predicted ; and not by the combined strength of all Europe, while we are united among ourselves. * Reference must be had in reading these letters, to their respective dates. ON PUBLIC CHARACTERS. 127 LETTER XXIII. April 5, .1833. It is time to relieve this narration of political events, by some description of public men at the close of the last century. It must be remembered, that there are friends and descendants of these men, now living, whose feelings are to be respected ; and, also, that the remarks to be made are those of one individual, who narrates from memory, and his own notice of men and things, and who may not have seen and observed, as others did. The inducement to make, any remarks of this nature is, that the time is at hand, when all power to speak of men who were busy at the close ofthe last century, from personal knowledge, will cease. Who and what they were, who were Washington's military and political associates, friends or foes, must be interesting — especially as they lived when European governments were shaken to the centre by the force of revolution, sufficiently powerful to be felt and dreaded in this far western world ; and, also, that they lived and acted at a time, when fear of, or devotion to, revolutionary notions,. brought all minds, strong or feeble, into incessant action. Reason and good sense were then, as now, impotent agents, against that popular excitement which makes law for itself. Mr. Jefferson mentions in his writings "the Essex Junto," with much reproach. What persons he meant by this party dis tinction, he did not know himself. It seems to have been his practice, to throw out defamatory remarks to fix as they might. It is well remembered, that there were intelligent men in the county of Essex, who were steadfast friends of the Washington administration, and who supported that of Mr. Adams, though without unqualified approbation. These men had intimate friends and associates in Boston, who thought as they did. They were, unitedly, sincere and uncompromising opponents of Jeffersonism, 128 FAMILIAR LETTERS in all its forms. Their political merits and de-merits, may depend on this. If the administrations of Washington and Adams were right, they were right. If devotion to France, merely because it was France, and hatred of England, merely because it was Eng land, regardless of duty or interest, as to their own country, was wrong, they were right, as subsequent events most clearly proved. They were men, and, like other men, might feel and express indignation at the abuse and perversion of pow^r to mere party purposes ; and might have desired to see power properly restrained, and rightly applied ; and may have expressed more decidedly, than some others did, their own opinions. But Mr. Jefferson was the real cause of these opinions. If he was a wise and honest statesman, and deserved the confidence and gratitude of his countrymen, the Essex Junto were wrong. If he was practically the enemy of the national constitution, and merely the chief of a party, and not the President of the United States, they were right. Among the distinguished men, at the close of the last century, was Benjamin Lincoln; a revolutionary officer, Secretary at War, the General in the Massachusetts insurrection, and first Collector of the port of Boston. In 1794, he was about sixty years of age. He had received only an inferior education, but had done much to compensate for its defects. Before the war, he had been town officer, member of the legislature, and militia colonel. He was about five feet nine inches in stature, and of so uncommonly broad person, as to seem to be of less stature than he was. His gray hair was combed back from his forehead, unpowdered, and gathered in a long queue. His face was round and full, his eyes blue, and his complexion light. He was usually dressed in a blue coat, and light under clothes, and wore a cocked hat. He always appeared in boots, in consequence of the deformity of his left leg, occasioned by a wound received at the capture of Bur goyne. His speech was with apparent difficulty, as though he were too full. The expression of his countenance was exceed ingly kind and amiable. His manner was very gracious; like ON PUBLIC CHARACTERS. 129 those of all the high officers of the revolution, his deportment was dignified and courteous. He wrote essays on several subjects, commercial, agricultural, and philosophical, some of which were published. He employed some one to read these essays, and assigned for a reason, that being entirely ignorant of the gram matical construction of language, he could judge only by the sound, of its correctness. General Lincoln was one of the few persons who are afflicted with somnolency. This was not occasioned by age, but was con stitutional. In the midst of conversation, at table, and when driving himself in a chaise, he would fall into a sound sleep. While he commanded the troops against the Massachusetts insur gents, he dictated dispatches, and slept between the sentences. His sleep did not appear to disturb his perception of circumstances that were passing around him. He considered this an infirmity, and his friends never ventured to speak to him of it. He was a man of exemplary morals, and of sincere piety, carrying fully into practical life, the ethics of the religion which he professed. He enjoyed the high respect and confidence of Washington, and the affectionate regard of his fellow-officers. He performed his various trusts with ability, and incorruptible integrity. He was a member of the American Academy, and President of the Cincin nati. He died in 1810, afe an advanced age. He was one of the very few, whom Mr. Jefferson did not turn out of office. But so many persons were placed in the collectorship, of the new order of public officers, that it was disagreeable to him to remain in of fice. From this cause, as well as increasing years, he retired. 130 FAMILIAR LETTERS LETTER XXIV. April 10, 1833. Henrx Knox was a bookseller, and bookbinder, at Boston, when the war began, at which time he was about twenty-five years old. He had been captain of a grenadier company; and was a volunteer at Bunker Hill battle. He met Washington at Cambridge, in 1776 ; and was immediately made chief of artil lery, in which relation he continued during the war, and always near head-quarters. He served throughout the war, and left the service with the rank of Major General. When he resigned the office of Secretary, at the close of 1794, he removed to Boston, and for some years afterwards resided there. He was a large, full man, above middle stature ; his lower limbs inclined a very little outward, as though they had taken a form from the long- continued use of the saddle. His hair was short in front, stand ing up, powdered, and queued. His forehead was low, his face large and full below ; his eyes rather small, gray and brilliant. The expression of his face altogether, was a very fine one. When moving along the street, he had, an air of grandeur, and self-complacency, but it wounded no man's self-love. He carried a large cane, not to aid his steps, but usually under his arm ; and sometimes, when he happened to stop and engage in conversation with his accustomed ardor, his cane was used to flourish with, in aid of his eloquence. He was usually dressed in black. In the summer, he commonly carried his light silk hat in his hand when walking in the shade. His left hand had been mutilated, and a part of it was gone. He wore a black silk handkerchief wrapt around it, from which the thumb and forefinger appeared. When engaged in conversation, he used to unwind and replace this hand kerchief, but not so as to show his disfigured hand. When thinking, he looked like one of his own heavy pieces, ON PUBLIC CHARACTERS. 131 which would surely do execution when discharged ; when speak ing, his face had a noble expression, and was capable of displaying the most benignant feeling. This was the true character of his heart. His voice was strong, and no one could hear it without feeling that it had been accustomed to command. The mind of Knox was powerful, rapid, and decisive ; and he could employ it continuously, and effectively. His natural propensity was highly social, and no man better enjoyed a hearty laugh. He said that he had, through life, left his bed at the dawn, and had been always a cheerful, happy man. He had a brilliant imagination, and not less brilliant modes of expression. His conceptions of the power and glory of the Creator of the universe, were of an exalted character. That he might give scope to this sentiment, he chose the region of Blue Hill, that he might there witness the great solar eclipse of the 16th June, 1806. His expressions, at the decline of the light, in the moment of almost total darkness, and on the effulgence of the returning beams of the sun, were worthy of the occasion, and of his own glorious mind. The immortality of the soul was not with him a matter of induction, but a sentiment, or fact, no more to be ques tioned, than his own earthly existence. His noble hospitality, exuberant generosity, and too confident a calculation on the productiveness of sales of extensive tracts of land in Maine, led him into some embarrassments towards the close of his life. His life ended at the splendid mansion which he erected at Thomaston, in Maine, in the year 1806, from an unfortunate accident,* in the 56th year of his age. When President Adams concluded to form an army in 1798, Washington accepted the chief command, with the right of naming his chiefs. He named Hamilton Inspector General, and first in command under him, Charles Cotesworth Pinckney, second, and Knox, third. Knox was exceedingly hurt at this, as he was Hamil ton's senior, in years, and rank. He hesitated, for some time, * He swallowed a piece of chicken bone, which produced a fatal mortification. 132 FAMILIAR LETTERS whether to accept. But his own manly feelings, and the nature of the call on him, suppressed the natural sensibility of a soldier, and he accepted. The manners of the revolutionary officers among themselves, (there were several in Boston at the time now spoken of,) were ex ceedingly affectionate, and familiar. They spoke to each other by their Christian names, or surnames only; but yet there was a courtesy and dignity which always made it the intercourse of gentlemen. All of them were in the habit of using expressions, (no doubt acquired in the army,) which hardly seemed to be pro faneness in them, though it would now be such, if used by any one. They were in many respects a noble set of men, It is to be hoped, that the race is not extinct. Perhaps the occasion made them what they were ; for there seems to be few such men in these days. It was of this same Henry Knox, that Thomas Jefferson has published to his countrymen, and for the benefit of posterity, as follows: (vol. iv. page 484 ;) "Knox subscribed at once to Hamil ton's opinion, that we ought to declare the treaty void, (French treaty of 1778,) acknowledging, at the same time, like a fool as he is, that he knew nothing about it." "There having been an intimation by Randolph, that in so great a question he should choose te give a written opinion, and this being approved by the President, I gave in mine April the 28th. Hamilton gave in his. I believe Knox's was never thought worth offering, or asking for." (In the same vol. page 491,) "Knox, in a foolish, incoherent sort of a speech, introduced the pasquinade, lately printed, called the funeral of George W n, and James W n," (Judge Wilson, of the Supreme Court of the United States, one of the framers of the constitution,) "King and Judge, &c, where the President was placed on a guillotine. The President was much inflamed; got into one of those passions when he cannot command himself; defied any man on earth to produce one single act of his, since he had been in the government, which was not done on the purest motives." In this page Mr. Jefferson records Washington as ON PUBLIC CHARACTERS. 133 using an oath ; " that by God, he had rather be in his grave than in his present situation." Thus, Mr. Jefferson is the American, who has taken pains to record for the public eye, (true or false,) that Washington was guilty of profaneness! "Some officers of the army," (vol. iv. page 444,) "as it has always been said, and believed, (and Steuben and Knox have ever been named as the leading agents,) trained to monarchy by military habits, are understood to have proposed to General Wash ington, to decide this great question by the army, before its dis- bandment, and to assume, himself, the crown, on the assurance of their support." It is well known, that anonymous letters were circulated in camp, to the above effect; but this is the only case in which the names of Knox and Steuben are so connected therewith. On the contrary, two men (who afterwards figured eminently in the ranks of democracy) have ever been "named," truly or otherwise, as the authors of these letters. As to Knox, this is certain, that when the officers were assembled, to consider these letters, he was Chairman of the Committee which prepared the report of indignant disapprobation of them. Mr. Jefferson may have been of the number of those who believed with Rochefoucauld, a French philosopher, and maxim- writer, that there is something in the misfortunes of our best friends which does not displease us. It is quite certain that the misfortunes of Mr. Jefferson's political adversaries gave him no pain. In a letter to Mr. Madison, (January 3, 1799, vol. iii. page 406,) he says, "General Knox has become bankrupt for four hundred thousand dollars, and has resigned his military com mission. He took in General Lincoln for one hundred and fifty thousand dollars, which breaks him. Colonel Jackson also sunk with him." The manner of this annunciation may be some indica tion of the sort of heart which Mr. Jefferson had. It is to be hoped, that he did some injustice to that of Mr. Madison, in so addressing him. It was undoubtedly true, that General Knox, from causes before stated, was a debtor, and embarrassed ; and in some degree, from like causes, with those which occasioned Mr. 12 134 FAMILIAR LETTERS Jefferson's own embarrassments, (a circumstance in his life which gave no pleasure to his political adversaries;) but it was never known, in this part of the country, that General Lincoln was broken, nor that Colonel Jackson had sunk. Both of them befriended Knox, and the fortunes of both may have been in some degree impaired. But both ever entertained for him the most affectionate attachment.* * It may not be uninteresting, to transcribe here an anecdote, of the misfortunes of General Knox, as related to me by my father. I will .give it as near ar I can recollect, in his own words: "General Knox, General Lincoln and General Jackson hail been companions in the Revolution; had laughed, eaten, drunk, fought and lived together, on the most intimate terms. They loved each other to a degree but little known among men of the present day. After the struggle of the War, they retired to their homes, and were all comfortable in their worldly circumstances, if not rich; but Knox, possessing large tracts of land in the State of Maine, upon the rapid sales of which he confidently relied, imagined himself more wealthy than he was, and lived in luxurious style. He built himself a superb mansion at Tho maston, Maine, where all his friends met with a cordial welcome, and enjoyed the most liberal hospitality. It was not an unusual thing for Knox to kill, in summer when great numbers of his friends visited him, an ox and twenty sheep on every Monday morning, and to make up an hundred beds daily in his own house. He kept for his own use and that of his friends, twenty saddle horses and several pairs of carriage horses in his stables. "This expensive style of living was too much for his means, as he was disappointed in the sale of his lands, and he was forced lo borrow sums of money on the credit of his friends, General Lincoln and Gene ral Jackson. He soon found himself involved to a large amount, and was obliged to acquaint his friends of his embarrassments, into which he had unintentionally ilrawn them. Lincoln was at that time collector of the port of Boston, and occupied a bouse in State Street, now torn down, part of which he used for the Custom House, and part he occupied as his dwelling. It was agreed, that the three should meet there, and a full exposition of Knox's affairs be made known. I was applied to, to act as counsel on the occasion, and was the first one who came at the time appointed. Jackson soon entered, after him Knox, and almost immediately Lincoln came in. They seated themselves in a semicircle, whilst I took my place at the table, for the purpose of drawing up the necessary papers, and taking the notes of this melancholy disclosure. These men had often met before, but never in a mo ment of such sorrow. Both Lincoln and Jackson knew and felt, that Knox, the kindest heart in the world, had unwittingly involved them. They were all too full to speak, and maintained for some minutes a sorrowful silence. At last, as if moved by the same impulse, they raised their eyes, their glances met, and Knox ON PUBLIC CHARACTERS. 135 In making such assertions as are found in Mr. Jefferson's volumes, and in recording what he calls " false facts," has Mr. Jefferson erred? One can speak to another such things, as, if believed, would deprive the person spoken to of the esteem and respect of his fellow men, and perhaps subject him to public punishment. The speaker, in such case, must be presumed to have weighed consequences. One can speak of another, those things which would, if believed, produce like effects as to the person spoken of. There may be cases where it is justifiable and dutiful so to speak. Suppose one to speak such things, as are adapted to produce such effects, and that these things are false, and that the speaker hopes these effects will be produced, but that he shall not be known as the speaker ; what says the true law of honor, the law of the land, and the precepts of Christianity in such case? Suppose one to write deliberately, and calmly to revise falsehoods of the dead, and of the living, and to reserve these falsehoods for publication, when he should be beyond per sonal accountability to the living, and to the representatives of the dead, what is the sentence which impartial justice must pro nounce on his own fame ? Whether Mr. Jefferson has or has not erred, in any of these respects, is a question on which he has appealed to posterity. Let posterity pronounce its judgment. burst into tears. Soon, however, Lincoln rose, brushed the tear from his eye, and exclaimed : ' Gentlemen, this will never do ! we came hither to transact business : let us attend to it!' This aroused the others, and Knox made a full disclosure of his affairs. Although Lincoln and Jackson suffered severe losses,- it never dis turbed the feelings of friendship and intimacy which had existed between these generous hearted men." 136 FAMILIAR LETTERS LETTER XXV. Apbil 15, 1833. There were several distinguished persons visiting in the United States, in the last five years of the last century, and among them some of royal blood. The Duke of Kent, son of George the Third, was here, father of the young princess, now heiress to the throne.* He was a tall man, of light complexion; no opportunity occurred to describe in him, any peculiar traits of character. The present King of France was here, by the name of Mons. d'Orleans, accompanied by his two brothers, who were called, before the revolution, by the respective names of the Duke de Montpensier and the Duke de Beaujolois. Both the latter are long since deceased. The Duke of Orleans was a man rather above middle stature, dark complexion, rather sunken eyes, and of very dignified deportment. He kept aloof from the agitation of politics. The friends of France, apparently, did not think that his possible destiny could affect their interests. He made extensive excursions in this country, and was well informed, pro bably from his own observation, of its condition and prospects. He was in the best society in the several cities. The instability of human fortune has been strongly illustrated in the life of this person. Born to high distinction, he had the affliction of seeing it all disappear as a vision, and himself reduced to the necessity of toiling for subsistence. He bore his reverses with magnanimity, and profited by them, and may now be the better monarch from these causes. Since his exaltation to the throne, he has done honor to his own heart by recognizing the courtesies and kindness experienced in this country, t * Now Queen Victoria. t Viscount Noels, brother-in-law to Lafayette, and very highly and respectably connected in France, in the summer of 1795, came to this country in company ON PUBLIC CHARACTERS. 137 A gentleman, now known as one of the first merchants in the world, and as a member of Parliament, Mr. Alexander Baring,* was then in this country. He was a man of middle stature, of light complexion and bhle eyes. He was considered to be a well informed person, and of highly respectable manners. As to the former, this has since been verified by useful and intelligent per formances in parliamentary debate. He married an American lady, the daughter of Mr. Senator Bingham, who built and dwelt in the house now known as the "Mansion House" in Philadelphia. This was one of the places, at that time, of elegant hospitality in the "beautiful city," as it was called. "Beautiful," however, should have been applied to what is intellectual and social, in that day, no less than to that which has not yielded to the unsparing hand of time. Certainly, the social intercourse of Philadelphia, at the close of the last century, was as delightful and interesting as could be found on the globe. There may have been elsewhere, more names, places of assembly, titles, and distinctions, than in Philadelphia at this period. But being the seat of government, and place of Washington's abode, and Congress being then an object of attraction to visitors, and this city the attractive point with Mr. Bingham, hereafter mentioned in this letter. His means were limited, and he occupied a third story room in a block of buildings, then standing at the extreme west end of Mr. Bingham's garden. As above stated, Mons. d'Orleans and his two brothers were then in Philadelphia; and John Copley, the present Lord Lyndhurst, with several other young gentlemen, who have since, in many instances, risen to eminence, and some of whom have passed away, were likewise to be found among the gay circles of the city. The Viscount gave a dinner, at which the above gentlemen were present, as was also the author of these letters. The dinner was given at the Viscount's lodgings, and the guests were obliged to sit in the front chamber, many occupying the bed for want of chairs, while the dinner was being served inthe adjoining room. The dinner was served by Mr. Bingham's servants, he being a guest on the occasion, and was served, too, on Mr. Bingham's plate, besides having been cooked in Mr. Bingham's kitchen. Such were the circum stances of the Viscount at that time, and such the delicate attention extended him by Mr. Bingham. * The present Lord Ashburton, and late Minister Plenipotentiary of her Britannic Majesty, during the treaty negotiations of the N. W. Boundary. 12* 138 FAMILIAR LETTERS for all distinguished foreigners, the society of Philadelphia was well entitled to the praise of elegant and refined. Volney, the correspondent of Mr. Jefferson, the celebrated traveller, philosopher, and contemner of Christianity, (as his works show,) figured here at this time. He had a genuine French physiognomy, which no one could misunderstand. He was a tall, straight, well-formed person; high forehead, blue eyes, small mouth, and peculiar expression of face. He asked Washington to give him letters of recommendation, to be used in his excursion in the states. He was probably understood. The letter given contained only these words : "C. Volney needs no recommenda tion from George Washington." The foreign ministers, then in Philadelphia, made their houses places of agreeable resort. They usually gave a dinner once a fortnight, and an evening entertainment, commonly a ball, once in the same space of time. Mr. Liston was then the British minister. He was a Scotchman, of common size, dark complex ion, and not distinguished for courtly manners. He wore a wig with curls at the sides. He had an amiable, knowing face. He was much esteemed. The Spanish minister was named d'Yrujo, then or afterwards a duke, and who has since made some figure in Spanish affairs. He was a short, full man. He married a lady of that city, a daughter of Chief Justice McKean, a lady of celebrity for beauty. Among the members of Congress who made part of the fashionable world, was William Smith, of South Carolina, a gentleman much distinguished in debate on the federal side : and Robert Goodloe Harper, also of South Carolina, who came into Congress on the other side, but who conscientiously felt, in a short time, that he was on the wrong side, and gave it up. He made a celebrated speech on the French Revolution, which was printed in England, and very generally distributed. This speech was prepared in Boston, where he passed a part of the summer of 1795. Mr. Harper was a well-formed man, of middle stature, and uncommonly full chest; and then much in fashion in his personal appearance. He was a man of strong mind, a fluent ON PUBLIC CHARACTERS. 139 orator, of respectable, but not adorned manner. In his private intercourse he was exceedingly amiable and pleasant. He was a man of excellent heart, and friendly disposition, and, as a public man, one of the most respectable of that time. He settled after wards in Baltimore, and married the daughter of the survivor of those who signed the declaration of independence. He held the rank of general, and distinguished himself honorably, in repelling the attack of the British on Baltimore in the late war. General Harper and William Smith are among the number of those whom Mr. Jefferson will introduce to posterity as monarchists, and as being among "the worthless and disaffectefl." Mr. Carroll (just now alluded to) was rather a small and thin person, of very gracious and polished manners. At the age of ninety, he was still upright, and could see and hear as well as men commonly do. He had a smiling expression when he spoke ; and had none of the reserve which usually attends old age. He was said to have preserved his vigor, by riding on horseback, and by daily bathing in cold water. He was a gentleman ofthe "old school" of deportment, which is passing away, if not gone. Mr. Gallatin made a distinguished figure in the House, in these days, on the opposition side. He indicated his origin by his pro- nunciation of our language, in a manner not to be mistaken. It appears from the records of the Senate, when his right to a seat there was objected to in 1795, on the ground of defect in citizen ship, that he was born in Geneva, in January, 1761, and was for some time a teacher of the French language at Cambridge. He was considered to be a very able man, and has proved to be such in the stations and writings of subsequent time. He was rather above the common size, of intelligent face and brilliant black eve. He was a frequent speaker in the House, an argu mentative, and not a graceful one. Mr. Madison was then in Congress, and an efficient member on the opposition side. A man of small stature, and grave appearance. At the close of his pre sidency, he seemed to be a care-worn man, and seemed, by his face, to have attained to a more advanced age than was the fact. 140 FAMILIAR LETTERS He had a calm expression, a penetrating blue eye, and looked like a thinking man. He was dressed in black, bald on the top of his head, powdered, of rather protuberant person in front, small lower limbs; slow and grave in speech. Mr. Madison was a warm ad vocate for the Union, and the associate of Jay and Hamilton, in the effort to make it acceptable to the public. But he early be came an opponent of the administration, and closely allied to Mr. Jefferson. It would be exceedingly interesting to know what this eminent man's opinions are, now that he can look back, dispassion ately, on a long, active, and responsible political life; and what acts of his public life, if any, he disapproves; and whether in his calm retrospection, he is satisfied with his pretensions to be ranked among the truly worthy successors of Washington. However it may have been with Mr. Madison, he may have discerned, since his time, that public office in the United States is not always a solemn trust to be executed, according to enlight ened conscience, for the common good: but may be a mere con venience to carry into effect the unworthy purposes of party allegiance. Among the eminent men who lived in Philadelphia at the close of the last century, was Robert Morris. He was born in England, in 1733, and came to America when he was fifteen years of age. He was placed in the counting-house of Mr. Willing, father of Thomas Willing, who was the first President of the United States Bank. On coming of age, he was copartner with the latter gen tleman, and continued to be so for nearly forty years. Though Robert Morris was of English birth, he devoted himself to the patriot side, in the revolutionary contest. He had acquired great wealth as a merchant, but he cheerfully risked the whole of it to gain the independence of his adopted country. The final success of the revolution depended no less on the ability and industry of this one man, than on all the armies, with Washington as their chief. When Congress had exhausted their means, all other means de pended on Robert Morris. At one time he had used his own personal credit to the extent of one million four hundred thousand ON PUBLIC CHARACTERS. 141 dollars, to sustain the credit of the United States. The records of these times are the honorable proofs of the esteem and respect in which both Congress and Washington regarded his patriotic labors and services. He was the founder of the first bank in this country, a signer of the declaration of independence, member of the convention which framed the constitution, for some years a senator in the na tional government, and the personal friend of Washington. In 1784, under the old confederation, he resigned his office of "Financier," and when the new government went into operation, he was solicited to take the place of Secretary of the Treasury, but declined, and recommended the appointment of Hamilton. After leaving all public employment, he exercised the same inventive genius and indefatigable industry in his own affairs which he had devoted to the public service, and engaged deeply in many and extensive enterprises ; and especially in the purchase of lands. Massachusetts had a claim to extensive tracts within the limits of New York, of which he became the purchaser. In 1795-6, he was in the splendor of prosperity, and then about sixty-three years of age. His house was at the corner of Sixth and Market Streets, and he had laid the foundation of a palace in the square, on the south side of Chestnut Street next above Seventh, (if rightly remembered,) with the intention of making the whole of that space his residence. His home was the abode of noble, cordial hospitality, abounding in everything that tended to make hospitality delightful. In his person (as now re collected), he was of nearly six feet in stature, of large, full, well- formed, vigorous frame, with clear, smooth, florid complexion. His loose gray hair was unpowdered. His eyes were gray, of middle size, and uncommonly brilliant. He wore, as was com mon at that day, a full suit of broadcloth, of the same color, and of light mixture. His manners were gracious and simple, and free from the formality which generally prevailed. He was very affable, and mingled in the common conversation, even of the young. 142 FAMILIAR LETTERS Within the three years following, his very extended concerns be came embarrassed, and his prosperity declined. The extraordinary talents which were able to manage the moneyed concerns of the na tion, under the most desperate circumstances, were incompetent to extricate himself from the difficulties which surrounded him. It is painful to know, that this able and commanding person, in the af fairs ofhis country, and of society, closed his life under exceedingly depressed circumstances. Still more painful to know, that the turn of the times, and means which Morris would have abhorred, raised some men to places of high distinction, and put them in the way to be long remembered, while this generous, high-minded patriot, Morris, will be known to few only to have ever lived. He should be re membered and honored, as among the earliest, and. most perse vering, and faithful worthies of this land ; while some men, who will be so held, should be regarded with proper sentiments, not for the good, but for the mischief which they achieved. Though Morris had leisure, at the close of his protracted life, to have laid in his claims to the respect, and to the gratitude of future ages, he left no memoir, letters, opinions, or Anas, by which his worth can be disclosed to the country, which he so truly adorned, and so faithfully labored to save. LETTER XXVI. Aphil 20, 1 833. In 1795, the Governor of Massachusetts was the celebrated Samuel Adams. He came in after Hancock, May, 1794, and was then seventy-two years of age. He remained three years in office. He was one of the most ardent of the patriots, before and during the revolution; a popular writer, and energetic speaker. He was of common size, of muscular form, light blue eyes, light ON PUBLIC CHARACTERS. , 143 complexion, and erect in person. He wore a tie wig, cocked hat,. and red cloak. His manner was very serious. At the close of his life, and probably from early times, he had a tremulous motion of the head, which probably added to the solemnity of his elo quence, as this was, in some measure, associated with his voice. He was in favor of adopting the federal constitution, but became an opponent to the administration. Though he and Hancock were the only two men excepted in the British proclamation of amnesty, they were, at one time, on very ill terms with each other from differences of opinion. He died in 1803. Samuel Adams was a sincere, devoted, and most effective agent in the revolution ary cause, with his pen, his tongue, and by example. He put everything dear to him upon the issue. He was succeeded in 1797, by Increase Sumner, taken from the bench ofthe Supreme Court. Governor Sumner was of large person, a semsible man, of truly amiable character. He took an active part in the convention in favor of the constitution. He died in June, 1799, much regretted. He was buried with the formal ceremonies, which have been observed here, on such occasions, ever since Hancock's time. Four chief magistrates have died in office. The Chief Justice was Francis Dana, who was sent to Russia as minister during the war, and was absent three years. He was a man of common stature, thin person, stooping a little, and of studious face. He was called an able lawyer, and was a very direct, clear, forcible speaker, but his manner, on the bench, was severe. In winter, he wore a white corduroy surtout, lined with fur, and a large miiff; probably Russian acquisitions. Ro bert Treat Paine was also on the bench. He was a signer of the declaration of independence. He was a man of common stature, but very thin person ; and of quick, ardent temper, as his black and sparkling eye might indicate. He did not hear easily. The manners of the court to the bar were, in those days, far from court eous ; which occasioned the remark of Mr. Ames, that a lawyer should come prepared with a club in one hand, and a speaking 144 < FAMILIAR LETTERS trumpet in the other. In his private life, he was a kind-hearted, and affectionate man. He was long in public life, and in re sponsible stations, but there is not a speech, nor a word of his, preserved. He was a strong, earnest speaker, but could not be ranked among the eloquent. In 1800, Theodore Sedgwick took his seat on the bench of the Supreme Court. He was a zealous advocate for the adoption of the constitution, and is frequently mentioned by Mr. Jefferson, as one of the monarchists ; and is included among the disaffected and worthless. He had been for many years in Congress, and Speaker of the House. He moved that the House should pass the necessary laws to carry the British treaty into effect. He was a man of large size, of good face, of dignified and courteous de portment, but with something of display of manner. From the time of his appointment to the bench, the conduct of the court towards the bar underwent an entire revolution, and the former causes of complaint soon disappeared. He was supposed to have induced this important change. Judge Sedgwick had the reputa tion of being a good lawyer, and a gentleman, in every meaning of that term. Towards the end of the last century, among the men who were then juniors, and who were afterwards to take a very important part in the affairs of the country, were Christopher Gore, (then District Attorney,) Samuel Dexter, Harrison Gray Otis, and John Quincy Adams. There was also at the bar John Lowell, who, though he was not in Congress, nor in the national government in any station, had great influence on public opinion, as an un daunted and powerful writer in subsequent days, as there will he occasion to show. Among the known writers on the opposition side, was the inde fatigable Benjamin Austin, author of a long series of essays signed " Old South," and many others. They have ceased to be remembered; but they may, at some distant day, be worth an his torian's perusal, as indicative of the temper of the times. On the other hand, there was a very able writer who signed himself ON PUBLIC CHARACTERS. 145 "Laco." His writings attracted great attention; but the author kept his own secret ; and it is not known who he was. About the end of the century, the forms of society underwent considerable change. The leveling process of France began to be felt. Powder for the hair began to be unfashionable. A loose dress for the lower limbs was adopted. Wearing the hair tied, was given up, and short hair became common. Colored garments went out of use, and dark or black were substituted. Buckles disappeared. The style of life had acquired more of elegance, as means had increased. Crowded parties, in the evening, were not as common then as they are now. There was more of sociability, and less form and display, than there is now. Some of these changes may be referred to the increase of numbers and of wealth. The Americans are not a people of light, spiritual amusement, as the French and Germans are. In this part of the country, they are much more like what the English are represent ed to be. There must be many still living, who remember the frank, friendly, social, unceremonious intercourse, which prevailed thirty or forty years ago. Has it disappeared? If it has, from what cause? and is the present state of things a better one? LETTER XXVII. Apkil 30, 1833. The retirement of General Washington was a cause of sincere, open, and indecent rejoicing among the French party in the United States. In France it was an event long desired, and cordially welcomed. The real friends of this country, and who were intel ligent enough to comprehend the probable consequences, con sidered the loss of Washington's personal influence a public calamity. 13 146 FAMILIAR LETTERS At the time when the necessity of finding a new candidate for the presidency engaged the general attention, the relations of the United States with France were never more vexatious and embar rassing. President Washington had recalled Mr. Monroe, and sent over Charles Cotesworth Pinckney, as his successor. The government of France was then vested in a Directory of five ; a Council of Ancients, and an Assembly of five hundred. Mr. Monroe was allowed a very gracious and complimentary retire ment from the presence of the French dignitaries ; he Was told at the same time, what an abominable government his own country men had, yet how ardently the French loved them. But Mr. Pinckney was refused a reception, threatened with police custody, and at length, peremptorily ordered to quit the French territory. About this time, orders were issued to capture American vessels, wherever found, and bring them in as prize. These orders were faithfully executed. The French colonies in the West Indies sent out great numbers of privateers; and that of St. Domingo alone sent out eighty-seven. Before this change in the French policy was known in the United States, the election of President came on. There was great differ ence of opinion among the federal party, whether to seek the election of John Adams, or Thomas Pinckney. As the constitu tion then was, both were voted for, by that party, expecting thai one of them would be President, and the other Vice President, Mr. Jefferson and Mr. Clinton, of New York, were the two oppos ing candidates. Most unexpectedly the result was, that Mr Adams stood highest, Mr. Jefferson next, and Mr. Pinckney third It was supposed, that so many of the eastern electors as pre ferred Mr. Adams to Mr. Pinckney, placed the latter candidate lower than they intended to do, and thereby gave a result which was exceedingly unwelcome as to the Vice President. Mr. Adams, on the day of his inauguration, (March 4, 1797,) was in his 62d year. He was dressed in a full suit of pearl-colored broadcloth ; with powdered hair. He was then bald on the top of his head. Mr. Adams was of middle stature, and full person; ON PUBLIC CHARACTERS. 147 and of slow, deliberate manner, unless he was excited; and when this happened, he expressed himself with great energy. Mr. Adams was a man of strong mind, of great learning, and of emi nent ability to use knowledge, both in speech and writing. He was ever a man of purest morals: and is said to have been a firm believer in Christianity, not from habit and example, but from dili gent investigation of its proofs. He had an uncompromising regard for his own opinion; and was strongly contrasted with Washington, in this respect. He seemed to have supposed that his opinions could not be corrected by those of other men, nor bettered by any comparison. He had been, from early manhood, a zealous patriot, and had rendered most essential services to his country, at home and abroad. These he always seems to have had in mind. He well remembered the painful struggles experi enced in Europe, to obtain aid for the patriots at home, and an acknowledgment of independence, from governments there, while the war was yet regarded by England as rebellion. He ought to have known, as would seem from his own writings, in what manner public services are estimated. An individual can easily remember how much good he has done to a community; but those who are benefited, as easily forget. If public ingratitude is com mon, it js very natural. It is not improbable that Mr. Adams was impatient in finding how much more the easily understood services of military men were appreciated, than were the secluded, though no less important ones, of diplomatic agency and cabinet counsel. So made up, from natural propensities, and from the circumstances of his life, Mr. Adams came to the presidency at the time when more forbearance and discretion were required than he is sup posed to have had. He seems to have been deficient in the rare excellence of attempting to see himself as others saw him; and he ventured to act, as though everybody saw as he saw himself. He considered only what was right in his own view ; and that was to be carried by main force, whatever were the obstacles. He found Mr. Pickering in the department of state, and con tinued him there. This gentleman was intelligent, honest, and, 148 FAMILIAR LETTERS like himself, disposed to respect his own opinion. Mr. Pickering had been most confidentially relied upon by Washington, and ex pected the like intercourse with Mr. Adams. But, perhaps, no two men, who had been associated in the national councils, except Jefferson and Hamilton, were less likely to harmonize than these two; but from what causes, others must judge, from better means of information than can be herein pretended to. Mr. Pinckney's treatment in France was among the first objects that engaged the attention of the new President ; and connected with it, the seizure and condemnation of American vessels, and the harsh treatment of their navigators. Mr. Adams thought the state of affairs demanded the deliberations of Congress, and its members were assembled on the 15th of May, 1797. In his speech, he commented on the expressions of the French govern ment when Mr. Monroe took leave, as being highly derogatory to this country; he said he should make a new attempt to con ciliate ; but thought it indispensable that Congress should put the country in such a state, as to enable it to vindicate its honor, and independence. Mr. Adams united Charles Cotesworth Pinckney, Elbridge Gerry, and John Marshall (since Chief Justice) in a mission to France, with very ample powers. These envoys were assembled at Paris in the month of October following ; and immediately attempted to execute their commission. They gave the usual notice of their presence, and of their readiness to be accredited. Scenes followed of most exasperating character. Overtures, pro posals, and demands were made, which excited an almost uni versal indignation in the United States, and, for a time, even silenced the devoted friends of France. The dispatches of these envoys are the authority for the occurrences at Paris. The first of these was received at the close of the year 1797, and others, later during the winter. On the 3d of April, 1798, all the dis patches, then received, were communicated to Congress, and made public. ON PUBLIC CHARACTERS. 149 LETTER XXVIII. Mat 5, 1833. From such authority it appears, that Mr. Osmond, private secretary of Mr. Talleyrand, then minister for foreign affairs, made known that the American envoys could not be received until certain expressions in Washington's last speech to Congress, concerning the conduct of France, were disavowed and atoned for, and that certain other things must be done before the envoys could be received and treated with ; that with a view to such arrangements, unofficial individuals would confer with the envoys, and make known the views of the Directory. Such individuals pre sented themselves. Who they were was not then known ; as their names were written in cipher, and not communicated to Congress. Instead of their names, the letters X, Y, Z were used. In Mr. Jefferson's volumes he has many remarks on the X, Y, Z affair. He seems to have been insensible to the conduct and character of the French government. He discerned nothing humiliating, in solent, or offensive, in the treatment of our envoys. He says (vol. iii. p. 402), " the X, Y, Z fever has abated considerably through the country, as I am informed, and the alien and sedition laws are working hard." Elsewhere he calls it "the X, Y, Z delusion." Such conferences could only have been permitted, from the earnest solicitude of the envoys to conciliate with France, and avoid hostilities. They knew that if war ensued, the United States had to create its maritime force, and that before this could be done, the commerce of the country, then extensive and valua ble, might suffer still more than it had. They endured, therefore, an irregular intercourse, which they supposed would find an apology in the necessity of the case. Four things seem to have been positively demanded by Messrs. 13* 150 FAMILIAR LETTERS X, Y, Z. First, atonement for so much of Washington's speech as the Directory disliked ; secondly, the placing of France on the same privileged footing as England ; thirdly, a loan in a covert and disguised manner, of a large sum of money to France, so as to evade the appearance of a belligerent act, on the part of the United States, towards England ; fourthly, to give Mons. Talley rand, to be divided between himself and his friends, 1,200,000 francs, equal to about two hundred and twenty-three thousand dollars. These propositions were met and rejected, in a dignified and manly spirit, though urged in every variety of form, and pre sented with menaces of the power of victorious and triumphant France. In one of these interviews, Mons. Y said: — "Gen tlemen, I will not disguise from you, that, this satisfaction being made, the essential part of the treaty remains to be adjusted: II faut de l'argent; beaucoup de l'argent." {You must pay money; you must pay a great deal of money.) "He spoke much of the force, the honor, and the jealous republican pride of France, and represented to us strongly, the advantages which we should derive from neutrality thus purchased. He said that the receipt of the money might be so disguised as to prevent its being con sidered a breach of neutrality by England, and thus save us from being embroiled with that power. Concerning the 1,200,000 francs, little was said, that being completely understood, on all sides, to be required for the officers of government, and, therefore, needing no further explanation." In this manner this negotiation was prolonged during about five months, but without making any impression on the envoys ; at the end of which time Mr. Pinck ney and Mr. Marshall were ordered to leave France. But Mr. Gerry was invited to remain, and continue the negotiation. He did so ; and did not return till October following. When these dispatches were made public, as already observed, there was a general indignation in the United States, and the common cry was, " millions for defence, not a cent for tribute." Mr. Gerry was severely censured for not having left France with his colleagues. There is no reason to doubt that he meant well; ON PUBLIC CHARACTERS. 151 and that he thought he could do alone, what he and his two as sociates, Pinckney and Marshall, could not do jointly. He must have assumed that his better esteem individually, with the French rulers, would enable him to effect the purposes of the mission. He found himself, however, in the hands of adroit managers, and was compelled, at last, to withdraw, without, of course, effecting anything; and in a manner which added nothing to his reputation as a diplomatist, though it did nothing to impair his integrity. At the summer session of Congress, in 1798, provision was made for defence, by authorizing the organization of an army, and for borrowing money. Loans were negotiated at eight per cent., which was afterwards made a topic of complaint, and abuse of Mr. Adams. The young men took up the subject ofthe country's affairs with great zeal ; and in Boston, Robert T. Paine, the celebrated poet, wrote the well-known song of "Adams and Liberty." On the 8th of July, 1798, he delivered a highly wrought oration to his young associates. Addresses were sent to the President, from all parts of the country, glowing with patriot ism, and with defiance of the great Republic. Mr. Adams had good reason to think that he stood strong in the respect and affection of the people ; and may well have considered this the proudest period ofhis public life. In the arrangement ofthe intended military force, all eyes were turned to Washington as the chief. Mr. Adams made known his intention to appoint him ; and in answer, without intimating a willingness to accept, he expresed his full approbation of the President's measures. He was afterwards appointed, with the condition that he might select his officers next in command. Some troops were embodied, and there was one encampment at Oxford, in Massachusetts. On the ocean, war began in earnest. The frigate Constellation, of thirty-eight guns, was immediately built, and the command given to Thomas Truxton, who, on the 9th of February, 1799, after an engagement of an hour and a quarter, captured the French frigate l'Insurgent (in the West Indies) of fifty-four guns. 152 FAMILIAR LETTERS The Constellation came home to refit, and on the 1st of February, 1800, met la Vengeance, of fifty-four guns. The battle la.sted five hours, at the end of which time, la Vengeance was completely silenced, but not captured. A squall enabled her to escape, with the loss of one hundred and sixty men, killed and wounded. In the early part of 1799, Mr. Adams contemplated a new attempt at negotiation with France, in Paris. All those who had so far supported Mr. Adams' measures, considered it inconsistent with the honor and dignity of the nation to make any such attempt ; and that proposals to treat should come from France. Mr. Adams did not consult his cabinet on this occasion. When Mr. Pickering and Mr. McHenry, (Secretary at War,) were informed that he intended a new mission, they remonstrated, and this made the breach, which had long been widening, irreparable. On the 26th of February, 1799, the President appointed Oliver Ellsworth, of Connecticut, Patrick Henry, of Virginia, and William Vans Murray, of Maryland, (then minister at the Netherlands,) envoys extraordinary', and drew up his own instructions. Mr. Henry declined, and William Richardson Davie, of North Caro lina, was substituted. France was surprised by the hostility of America ; more so that their influence in the United States was incompetent to prevent it. War was not her object. It could do her no good, and there was, undoubtedly, a disposition on her part to recede. The President, probably, took this view of the case, though it had not the ap probation of his most intelligent supporters. Hamilton was much opposed to it, and is said to have written to the President to dis suade him from sending envoys. This dissent only made the President more determined to persevere. The breach occasioned by this measure, between the President and his two ministers, Pickering and McHenry, (and some other opinions, as it is said, expressed by the latter favorable to Washington,) made the cabi net relation of these persons too unpleasant to be endured ; and, in April or May, 1800, the President abruptly dismissed both these mim\sters. This event excited much sensation. It probably had ON PUBLIC CHARACTERS. 153 some influence in reducing the federalists to a minority. But another measure, then thought to be highly impolitic, was a letter written by, and in the name of Alexander Hamilton, and published in 1800, " concerning the public conduct and character of John Adams." This letter, disclosing, as it did, and from an eminent man, a determined aversion to the continuance of Mr. Adams' official power, may be considered as among the operative causes of Mr. Adams' failure at the ensuing election. This publication, whatever may be thought of it as to the time in which it appeared, as to motives and manner, may have hastened the fall of fede ralism. Nothing, it is believed, would have prevented it, in no very distant time. There was not then, and never has been since, a majority who were disposed to administer the government ac cording to the true standard established by Washington, and conformed to by Mr. Adams, so far as his circumstances permitted ; although, when pressed by necessity, subsequent administrations have always returned to it. The first subject of complaint against Mr. Adams, among the friends of the government, resulted favorably to the country. It prevented, for that time, the continuance of the United States in a war, for which they were unprepared, and in which they had much to lose, and nothing to gain. So far as mere interest was concerned, one would think Mr. Adams' policy was right. So far as honor and dignitv were involved, there seem to have been different opinions. When the envoys arrived, the Directory had disappeared, and Napoleon Bonaparte was First Consul. They were respectfully received ; a satisfactory " convention," or treaty, was framed, and duly ratified by both parties. Thus Mr. Adams had the honor and gratification of bringing the long-continued controversy with France to a conclusion, within his four years : — ¦ at least, until new difficulties arose. Besides the mission to France, and the letter of Mr. Hamilton, there were other circumstances, in his four years, which were turned to account against Mr. Adams, with great success. Among these were certain legislative measures, severely reprobated by 154 FAMILIAR LETTERS those whom they were intended to affect. They furnished mate rials for abundant invective, as they were thought to be adverse to personal liberty and freedom of speech. That they may be judged of, with the calmness which comes with the lapse of time, as to past events, it is worth while to speak of them more fully. Among the legislative movements, intended to affect the official reputation of Mr. Adams, was the motion of Edward Livingston, made, originally, in February, 1800, in the House of Representa tives, to call on the President for his reasons, for having delivered up to the British Jonathan Robbins, a native, and impressed American. The call having been answered, the motion was ex tended, February 20th, and made to inculpate the President, for a dangerous interference of the executive power with judicial decisions; that the compliance of the Judge (Bee, of South Caro lina) was a sacrifice of the constitutional independence of the judiciary, and exposed the administration thereof to suspicion and reproach. Mr. Livingston supported his motion, in a speech of three hours ; Mr. Gallatin and Mr. Nicholas did their best to sus tain him. On the other side, Mr. Bayard, Mr. Harper, Mr. Otis, Mr. Dana, and others, resisted the motion. On the 6th of March, John Marshall made his masterly and conclusive speech against the motion, which has been deemed equivalent to a judicial authority, and has been bound up in books of reports, and is referred to as such. The motion was finally rejected by a vote of about sixty- four to thirty-eight. This was a mere party effort, whether the mover and his poli tical friends so intended it to be or not. The unquestionable facts are, that this Jonathan Robbins was born at Waterford in Ireland ; that his name was Thomas Nash ; that he shipped on board the British frigate Hermoine ; that in September, 1797, he, with others, murdered one or more of the officers, and among others Lieutenant Foreshaw ; that he escaped and got to Charles ton, and was there July 1st, 1799. He pretended that he was born at Danbury, (Connecticut,) but the selectmen certified, that ON PUBLIC CHARACTERS. 155 they knew of no such person, nor anyone ofthe name of Robbins, in the town. Admiral Parker applied to Mr. Listen, the British minister, to request of the President to deliver up Nash, pursuant to the 27th article of the British treaty with the United States. The President wrote to Judge Bee to deliver him up, he then being in custody. Proper evidence of his identity, and of his crime, being presented to the judge, he was delivered up, tried, and executed. He confessed (it is said) at the time of execution, that he was Thomas Nash, born in Ireland. Mr. Marshall's speech (late Chief Justice) went to prove, that this was a proper exercise of executive power under the treaty, as the crime was committed within the jurisdiction of Great Britain. His speech was a most satisfactory answer to the posi tion taken on the other side, that Nash was punishable in the United States, if punishable at all, as a pirate. The cause for demanding Nash was, that he had committed murder; an offence against British, and not against American law ; that whether he had also committed piracy, or not, (which crime, wheresoever committed, may be punished by any nation among whom the cul prit may be found,) he was a proper subject for delivery under the 27th article of the treaty, as a murderer. So the House de cided. This incident is strongly illustrative of the times. It is well re membered, that the impression sought to be made on the public mind was, that the President had delivered up one of his own countrymen, in obedience to British requisition, to be hung ; not withstanding the accused citizen had done no more than he law fully might do, to escape from the tyrannical impressment of the mistress of the seas. It is not surprising that any administration should be overthrown, when such calumnies were easily received as truths. 156 FAMILIAR LETTERS LETTER XXIX. Mat 7, 1833. Other legislative measures referred to, were the alien and sedition laws. In 1797, there were computed to be thirty thousand Frenchmen in the United States, all of whom were devoted to their native country, and all of whom were, in some way, asso ciated, through clubs, or otherwise, and wh6 had a strong fellow feeling. This number does not refer to the emigrants who had fled on the commencement of the revolution ; but to men of a very different order, who had left France (after the monarchy had fal len), from necessity or choice. Besides these, there were com puted to be fifty thousand who had been subjects of Great Britain, and some of whom had found it unsafe to remain at home. They fled to a country, as they understood it, where they should be free to do anything which they thought fit to do, in the name of " liberty," and where its enemies might be encountered, whether in office or not. A combination was formed and organized with more detail than is common in military usage, and prepared to act with union and effect, in any "emergency." Philadelphia, at that time the seat of government, was the head-quarters of this combination. " The American Society of United Irishmen" was, at this time, a very formidable body. In the troubles in Ireland, the United Irishmen there, had revived their associations under the impulse of the French Revolution, and the British government encountered them with civil and military force. Some eminent men had joined the Union, and entertained the hope of securing an independent government. Thomas Addis Emmett engaged in this enterprise, which was wholly and disastrously unsuccess ful. After a long imprisonment, that gentleman came to the United States in 1804, at the age of about forty, and rose to high ON PUBLIC CHARACTERS. 157 professional eminence. He was of amiable character, and wras highly esteemed.* When the British government had entirely de feated the objects of the United Irishmen, it was proposed that they should be allowed to emigrate to the United States. This mea sure, Mr. King, then minister at London, strenuously opposed. After Mr. Emmett came to this country he discussed publicly, with some severity, this opposition. It is believed that Mr. Emmett did not otherwise interpose, in any respect, in political movements, on this side. Some who had been involved in the troubles of Ireland came to the United States in 1795, and the two following years, bringing with them, of course, a bitter hostility to the English government, and a devotion to France, naturally arising from the belief, that the great Republic was prevented only by British superiority at sea, from sending over a force competent to establish liberty in their native land. It was easy for such emi grants to learn, and believe, that the government of the United States was the proper object of their hatred, as identified with the government at home ; and that everything tending to uphold and honor republican France, demanded their zealous attachment. The combinations of the United Irish could not be misunderstood by our government ; and they were sufficiently alarming to require preventive measures. The Jacobin Clubs in the United States, if not then existing in name, were still so sympathetic with these * A very characteristic anecdote is related of this gentleman, when he was pur suing his profession of counsellor at the bar of the Supreme Court of the United States. Mr. Emmett was accustomed to carry a simple eye-glass loosely in his hand, which he frequently applied to his eye when addressing the court or jury. On one occasion, in the year 1815, when opposed to Mr. Pinkney (William) of Maryland, mentioned in some of the previous letters, Mr. Pinkney resorted to some personalities, in the course of his argument, against Mr. Emmett. Bringing his eye glass to his eye, Mr. Emmett thus addressed the court, referring to Mr. Pinkney, who had then lately returned from a foreign mission : " May it please your honors, I know not where the honorable gentleman learned his manners ; but if in his late experience at foreign courts, he obtained them there, I am sure he could have kept no company ; and if he took them with him, it is a great pity he did not leave them there," which reply, delivered with a slight brogue, was very effective. 14 158 FAMILIAR LETTERS alien combinations, as to be a most effective auxiliary. It is be lieved that they were still organized, and in full vigor; though they were put down in France after the fall of Robespierre. In the then state of the country, in relation to France, (which might intend to send over a military force, relying on the aid to be found within our own territories,) these powerful allies were, very justly, a subject of alarm, and were so considered by the President. In the official speech made to Congress, at the May session, 1797, the President makes these remarks: "It is impossible to conceal from ourselves or the world, that endeavors have been employed to foster and establish a division between the govern ment and the people of the United States. To investigate the causes which have encouraged this attempt, is not necessary; but to repel, by united and decided councils, insinuations so derogatory to the" honor, and the aggressions so dangerous to the constitution, union, and even independence of the states, is an indispensable duty. "It must not be permitted to be doubted, whether the people of the United States will support the government established by their voluntary consent, and appointed by their free choice ; or whether, surrendering themselves to the direction of foreign and domestic factions, in opposition to their own government, they will forfeit the honorable station which they have hitherto maintained." Congress passed a law, which was approved, on the 18th of June, 1798, providing, among other things, for the manner in which aliens might become citizens, whereby the facility with which citi zenship had before been acquired, was much restricted. 2. It em powered the President to order all such aliens, as he should judge to be dangerous to the peace and safety of the United States, or concerned in treasonable measures, to leave the United States. 3. To grant licenses to aliens to remain during the President's pleasure. 4. It provided imprisonment, not exceeding three years, to such aliens as remained without license, and perpetual disquali fication to become citizens. 5. It authorized the President to ON PUBLIC CHARACTERS. 159 require bonds of aliens for good behavior. 6. Masters of vessels arriving in the United States, were required to report the names of aliens, if any were on board, under penalty of three hundred dollars. It appears from a letter of Mr. Jefferson to Mr. Madison, (vol. iii. p. 389,) that the mere discussion of this law had a salutary effect. He says, "The threatening appearances 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 in 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. " This gentleman (Volney) has been before mentioned. He was a long time in this country, and was thought to be an emissary of France. As this law was made at the suggestion of the President, (John Adams,) it furnished a new and prolific theme of reproach. It was called by the opposition a British measure ; a servile copying of the forms of kingly despotism ; and an incontestable proof of design to assimilate our government to that of England, and eventu ally to arrive at monarchy. This law was considered, (and especially in Virginia,) by all opponents of the administration, as vesting in the President an authority capable of perversion to a most alarming extent. Al though it was expressly limited to aliens, yet it was pretended, that it might be, and would be, applied to native citizens. The opposition presses poured out their invective with renewed vigor, and were able to make a deep and lasting impression. Yet, when considered in itself, independently of party excitements, every one must admit, that all governments ought to exercise the power of sending aliens from their territories, whenever their presence is, or maybe, incompatible with the public peace and security. There can be no distinction between a monarchy and a republic, in this respect. The clamor against this law, undoubtedly, had a tendency to impair the President's popularity; though it is not recollected to have been carried into effect in a single instance. 160 FAMILIAR LETTERS The other law alluded to, was called the sedition law; and among the opposition, the "gag law." These were its principal provisions. It made punishable these offences, viz. 1. Defaming, or bringing into contempt, the Congress, or President. 2. Exciting the hatred of the people against them. 3. Stirring up sedition in the United States. 4. Raising unlawful combinations for resisting the laws, and lawful authorities. 5. Aiding and abetting foreign nations against the United States, their people, or government. Looking back dispassionately to these days, with a full know ledge of the designs of France, and at the perils of the country, from its internal enemies, (though they did not so consider themselves, and therefore the more dangerous,) it is inconceivable that such a law should have been unwelcome to any, whom it was not intended to restrain. The alien law, it was said, if limited to aliens, was an exclusion of suffering patriots from the only asylum left to them on earth. This was odious enough, to be sure. But to make a law which prevented the free citizens of the United States from discussing the conduct and character of their own servants, and the nature of their public acts, was utterly intolerable. The complainants made no account of the fact, that punishment could not be inflicted under this law, but through the agency of a grand jury, in the first place ; and then by the result of a trial by jurors, impartially selected from among the people. They disregarded, or knew not, how important a change was made of the English law of libel, then in force, by this very law, in the provision therein contained, that it should be lawful for the defendant to give in evidence the truth of the matter contained in the publication, charged as a libel ; and that the jury should have the right to de termine the law, and the fact, under the direction of the court. There can be no stronger proof of the delusion which prevailed, than is found in the clamor against this law, from one end of the Union to the other. Intelligent American citizens joined in this clamor, and some eminent men of the opposition gave their able support to it. An alien, by the name of James Thompson Cal lender, was indicted under this law for the publication of a book, ON PUBLIC CHARACTERS. 161 entitled "The Prospect before Us," comprising a series of calum nies and libels against the measures of the government. Callen der was convicted at Richmond, in May, 1800, on trial before Judge Chase. The manner of this trial constituted one article of impeachment against this magistrate. It was said, that Mr. Jefferson knew of this publication, before it appeared, and approved of it. Howe'Eer this may be, Mr. Jefferson admits, in a letter to Mr. Monroe, (vol. iii. p. 494,) that he knew Callender, and considered him "a man of science fled from persecution," and that he con tributed to his relief. He afterwards contributed a second time ; and gave him fifty dollars as a third relief; and again fifty dollars. Mr. Jefferson says, that Callender then asked the office of Post master at Richmond, which being refused, Callender became his enemy; and published, that Mr. Jefferson helped him to print his book. Whether a sedition law was necessary or not, may be judged of from these extracts from Callender's "Prospect before Us." "The reign of Mr. Adams has been one continued tempest of malignant passions. He has never opened his lips, or lifted his pen, without threatening and scolding. Mr. Adams has labored, with melancholy success, to break up the bonds of social affec tion." "Adams and Washington have since been shaping a series of these paper jobbers, into judges and ambassadors, as their whole courage lies in want of shame. These poltroons, without risking a manly and intelligent defence of their own mea sures, raise an affected yelp against the corruption of the French Directory; as if any corruption would be more venal, more noto rious, more execrated than their own." "Mr. Adams has only completed the scene of ignominy which Mr. Washington began." " By sending these ambassadors to Paris, Mr. Adams, and his British faction, designed to do nothing but mischief." " This hoary-headed incendiary (Adams) this libeller of the Governor of Virginia, bawls out, to arms! then to arms! " "He is not an object of envy, but of compassion and horror." " When a chief magistrate is, both in his speeches and newspapers, constantly 14* 162 FAMILIAR LETTERS reviling France, he cannot expect, nor desire, to live long in peace with her." "Take your choice, then, between Adams, war and beggary; and Jefferson, peace and competency." These are only a small portion of similar expressions, which " The Prospect before Us" contains. This unfortunate disagreement between this " man of science" and Mr. Jefferson, did not, probably, occur until theater became President ; because one of Mr. Jefferson's first official acts was the release of Callender from prison. The reason which Mr. Jef ferson gives for this interposition, is a remarkable one ; it is con tained in a letter to George Hay, Esq. (in vol. iv. p. 75, written while Burr was on trial,) which shows how Mr. Jefferson construed constitutional power. He says, "In the cases of Callender and others, the judges determined the sedition act was valid, under the constitution ; and exercised their regular powers of sentencing them to fine and imprisonment. But the executive," (that is, Thomas Jefferson,) " determined that the sedition act was a nullity, under the constitution, and exercised his regular power of prohibit ing the execution of the sentence, or rather of executing the real law, which protected the acts of the defendants. From these differ ent constructions of the same act, by different branches, less mis chief arises than from giving any one of them a control over the others." Thus it is seen that Mr. Jefferson asserted the right of declaring any law a nullity, although the judicial power, which has the exclusive constitutional right to decide, had determined other wise. This was not a perversion on his part, but was his notion of right and wrong. Duane, or Bache, it is not recollected which, (both of whom published papers of which Mr. Jefferson approved,) was one ofthe " others " to whom Mr. Jefferson alludes. This editor was under an indictment, at the suggestion of the Senate, for a libel on that body. Mr. Jefferson ordered this prosecution to be dropped, as soon as he became President. He also ordered the marshal of Virginia to pay back to Callender the fine of two hundred dollars imposed on him ; though Mr. Jefferson might as lawfully have ordered the whole contents of the treasury to be paid to him. ON PUBLIC CHARACTERS. 163 The expediency, and even the necessity of the alien and sedition laws, cannot be doubted by any reasonable man, in the condition of the country at the close of the last century. Unless the people of the United States were disposed to see their own government, and their own public officers, submitted to the dominion of foreign and internal combinations, such laws ought to have had their re spect and approbation. There may have been some provisions in these laws, which were inexpedient; that of vesting certain powers in the President, may be thought so. It would have saved him from some odium, perhaps, if the power to order aliens out of the country had been vested in some judicial officers. It is not obvious how the President was to acquire that knowledge of facts which would enable him to exercise his powers without oppression. It was an authority which an executive officer could hardly desire; and one which subsequent experience of official aptitudes would not incline one to see renewed. These were perilous days, originating in the distempered state of Europe ; and it is to be hoped that the like will not recur from such or any other cause. Among other legislative movements in the summer of 1798, was a proposition made by Mr. Griswold, (afterwards Governor of Connecticut,) to amend the sedition law, by providing for the punishment of such persons as interfered in the diplomatic affairs of the United States and foreign nations. Early in this year, a certain Dr. Logan departed from Philadelphia for Paris, charged with a private mission on public affairs to the Directory. By whom sent, was no secret. The House addressed the President, two to one, on this very serious subject; and a like address passed the Senate, with only five dissentients. In this address it is said, "We deplore that there are those who call themselves by the American name, who have daringly insulted our country, by an usurpation of powers not delegated to them, and by an obscure interference in our concerns." Mr. Jefferson was said, at the time, to have sent Logan to Paris. In one of his letters, he answers some inquiry on this subject; and says, that the accusation is groundless; that Logan was self-ap- 164 FAMILIAR LETTERS pointed, and that he (Mr. Jefferson) did no more than to give him some sort of passport. LETTER XXX. Mat 17, 1833. An act of Congress, re-organizing the judiciary, passed on the 13th of February, 1801, was considered almost universally, by the profession of the law, as a wise and expedient measure. It proved to be among the acts of Mr. Adams' administration which attracted, especially, Mr. Jefferson's disapprobation. The details of this act show it to have been prepared with great ability, and of all the objects of vindictive demolition, this, certainly, was best entitled to be spared. It divided the United States into six circuits, and provided for the appointment of three judges in each, leaving the judges of the Supreme Court to exercise power as a court of appeals, and for the correction of errors. Between the 13th of February and the 4th of March, all the judges were ap pointed by Mr. Adams, and the commissions issued. The indi viduals selected for these offices were men of high standing, and worthy of all confidence. But the popular cry was set up, and the measure vehemently condemned by all the Jeffersonian party. The judges were called "the midnight judges of John Adams," in allusion to the supposed time of appointment, at the close of his official duties. It will hereafter be seen what Mr. Jefferson thought of this measure. He said, though one can hardly credit that he did so, that he regarded all Mr. Adams' appointments after the 14th of February, (while the House of Representatives were balloting for President,) as absolutely void. This must be understood to mean, that though Mr. Adams was constitutionally President up to the midnight hour of the 3d of March, yet he ON PUBLIC CHARACTERS. 165 ought to have submitted his will to that of his successor ; and should have refrained from carrying an act of Congress into effect which might not conform to that will. On the same principle, Mr. Jefferson withheld the commissions of certain magistrates, whom Mr. Adams had appointed, in the District of Columbia. The commissions were made out, and ready for delivery, but Mr. Jefferson ordered them to be suppressed. One of these magis trates (Mr. Marbury) applied to the Supreme Court for a writ of mandamus (command) to Mr. Madison, the new President's Secre tary of State, to deliver his commission. But after an able in vestigation of constitutional law, the court did not grant the motion. Mr. Jefferson found a commission, duly made out and signed by Mr. Adams, appointing a gentleman District Judge in Rhode Island. This commission he suppressed, and Mr. Jefferson appointed one in whom he could confide. Among his friends, President Adams was thought to have ex ercised an indiscreet act of mercy in pardoning one John Fries. This person was tried at the Circuit Court of the United States, held at Philadelphia in April, 1800, on a charge of treason. Samuel Chase, a Judge of the Supreme Court of the United States, and the District Judge, Peters, sat in the trial. The "federal" administration of the government ofthe United States terminated with Mr. Adams' four years, on the 4th of March, 1801. Whether it would have continued longer, if some other man of that party had been Washington's successor, can only be matter of conjecture. This may perhaps be admitted, that some other man, Thomas Pinckney, for example, might have conducted public affairs with more prudence and conciliation. Mr. Adams was liable to sudden impressions, and was little in clined to surrender them under the influence of counsel. He felt great confidence in the purity and soundness of his own views, and thought the good of the country required that they should be carried into effect. He failed, probably, in testing his own opinions by comparing them with the opinions of other men. Such comparison cannot depreciate sound opinions, and may often 166 FAMILIAR LETTERS correct erroneous ones. It may be, that Mr. Adams had some tendency to be jealous of those around him, and disposed to ap prehend that they meant to exercise a control, to which it wojild be derogatory to submit. But this apprehension would not prevent a dignified inquiry into the sentiments of others ; nor an adherence to his own, if they remained unshaken. It may be, too, that Mr. Adams over-valued his own services and importance, as a public man ; and was inclined to be his own counsellor with more per tinacity than became a person of his knowledge and actual ex perience. Whatever may have been his qualities, this is certain, that he aided the purposes of his political adversaries, and dis concerted some of his best political friends. It is very possible, therefore, that a more discreet man might have continued the federal party in power, for another term. But Mr. Jefferson and his partisans and newspapers, had made such and so general an impression on public opinion, as to demonstrate, that the original construction of constitutional power was not destined to endure. The control which a certain class of men, in this country, are likely ever to have over a majority, leads to the conclusion, that they will always impose on such men, as constituted the federal party, the duty of forming an opposition, or of submitting to a popular despotism. This, as history proves, again and again, is the precursor of real despotism. Such seems to have been man's destiny ; and what there is, or may be, to exempt Americans from it, is not discerned from any experience hitherto had. Taking out of the case Mr. Adams' peculiarities, the measures of his four years were honorable and useful to the country; in comparably more so (as will be proved) than those of the next eight years. If the purpose of establishing a national constitution was, to maintain the honor, dignity and independence of the United States with foreign powers ; to preserve peace and securi ty within our own limits; to provide for the pure and able administration of justice; and to use all the powers delegated as they were used the first eight years, that is, for the good of th ON PUBLIC CHARACTERS, 167 whole, and not for the benefit of a party, the federal administration under Adams accomplished these purposes. As to foreign powers : a good understanding was preserved with England. A favorable treaty was made with Tripoli. The former connection with France was annulled, and provision made for defending the country, and for maintaining its rights by force. These efforts were successful ; hostilities soon ceased, and a favor able convention, or treaty, was effected. The prosecution of the war was in a spirit well worthy of the national honor, while it continued. The proper measures were adopted to preserve interior tranquillity; and to prevent the threatened dominion of deluded, or mischievous factions. A faithful performance of duty as to the promotion of all those objects which constitute domestic welfare and prosperity, is apparent from the various statutes which were passed. Among others, there was an act establishing a uniform system of bankruptcy, which the Jeffersonian administration per mitted to expire. The naturalization of aliens was placed on a rational and safe basis. The judiciary was carefully revised, and a system for the administration of justice was arranged, founded On the experience of several years, and having a prospective bearing on the probable exigencies of the country. The navy was advanced and placed on a respectable footing; and has now become an object of popular favor. In short, a more energetic, pure, and patriotic exercise of constitutional power, could neither be expected nor desired. But this exercise of the power of government necessarily in volved expense. It was necessary to resort to loans, and to inter nal taxation. These were causes of declamation and reproach; and were most faithfully availed of, to make the administration, and especially Mr. Adams, odious in popular estimation. Thus it appeared then, as it has done ever since, that the adroit and cunning who rule the multitude, may do what they will; and burden the country to any extent, involve it in hopeless war, and pervert all its institutions at their pleasure, and yet, all is well. " The friends of the people" can do no wrong. 168 FAMILIAR LETTERS LETTER XXXI. Mat 21, 1833. On the 14th of December, 1799, General Washington died, after a short illness. On Friday, the 13th, he had been exposed to a light rain ; and his hair and neck became wet. He followed his usual occupations, within his house, during the afternoon and evening, without any indisposition. In the following night he was affected by a general ague, and with a difficulty in swallowing; but no apprehension was then entertained that he was seriously ill. At eleven the next day physicians attended, who found all their skill was required. The disorder in the throat was seen to be an affection ofthe wind-pipe, usually called the croup. Every effort was made to rescue him from the attack, and he patiently submitted to all the prescriptions of his attendants. Perceiving, before the close of the day, that his recovery was beyond hope, he desired to be relieved from any further efforts, and to take his position on his bed. There, with perfect calmness and resigna tion, he remarked to a friend that he had known for some time, that he was dying, but that he was not afraid to die. At eleven o'olock, the same evening, he expired. The decease of Washington was apparently a cause of universal mourning. That portion of the citizens who had always held him in the highest respect and honor, were sincerely mourners, while those who had felt his example and influence, to be a restraint on their purposes, could join in the general grief with pleasure. The most respectful demonstrations of the national loss, were everywhere shown. The halls of Congress were hung with black, and General Henry Lee, of Virginia, was appointed to deliver a eulogy before the House of Representatives. The state legislatures expressed their respect for the conduct and character of Washington, by appointing orators to commemorate him, or ON PUBLIC CHARACTERS. 169 by such other testimonials as the occasion called for. Various societies, of which Washington was a member, appointed eulo gists. Fisher Ames and George R. Minot were among the orators in Boston. It is worth remarking, that the general sentiment of respect and affection for this eminent man was so exalted, that few of the orators did, or could, come up to the demand. The feeling of these public speakers was, and must have been, that of deep veneration, a feeling not adapted to bring forth the touching expressions which would be grateful to a numerous audience. Washington's character was rather to be contemplated, than talked of. He was to be estimated by comparison with other men, and an eulogy does not permit of this. His eminent worth was to be found in no one brilliant act, nor in any remarkable achievements, but in a whole life of useful, dignified and honor able service. Most of the eulogists were compelled to resort to biographical sketches, which do not admit of much eloquence. Even Mr. Ames did not succeed, in this effort, so well as the undefined expectation of his audience required. The enthusiasm of the French better adapts oratory to funeral eulogy, than the good sense and sobriety of Englishmen, or Americans. Such efforts are rarely attempted in England, though common in France. In Congress, a resolve was passed to raise a monument in the city of Washington, and application was made to Mrs. Washing ton"^ permission to deposit beneath it the remains of her husband. This lady assented. But the resolve itself, is the only monument hitherto raised ; and the remains of Washington repose in the family tomb at Mount Vernon, and are there to remain, so far as can now be discerned. The more lengthened the remove from Washington's lifetime, the less, it is feared, will Washington be remembered. Probably a large proportion of the adult popula tion of the United States hardly know who, or what he was ; and there may be some voters who know not that there ever was such a man. The intelligent people of other countries seem to know more of Washington, and to respect his character more, than is com- 15 170 FAMILIAR LETTERS mon among his own countrymen. His military and civil example, and his eminent virtues as a man, have given him a rank in foreign estimation, which make mankind prqud of him. If his own countrymen have forgotten him, or if certain self-stamped patriots so misunderstand his character, as to call themselves his disciples, it is grateful to know that the intelligent of other coun tries are better informed. It might have been expected, that a grateful nation would have demanded of Congress, to adorn the city that bears the name of Washington, with such a monument as would illustrate the sense of his merits. Since March 4, 1801, that assembly have had too much business of their own to attend to, to think much of that which is purely public, and free from party. Marshall has raised one monument by his able pen. Another is preparing through the indefatigable industry of Mr. Sparks. The latter is a judicious selection from the voluminous writings of Washington, designed to show the state of his own thoughts, in the most eventful and interesting periods of his life. Five volumes, the 2d to the 6th, have appeared, and are understood to have satisfied the public wishes, and to have fully sustained the high reputation of Mr. Sparks. But these are monuments for readers. The national monument should rise for every eye, and that all who behold it, may be reminded of him to whom they are far more indebted, than to any other man, for civil liberty ; and which may keep alive the desire to know under what circumstances, and for what purposes, he lived. The marble is now submitted to the masterly genius of Greenough, and the Capitol may be adorned with it in time to save the country from the charge of ingratitude.* * The statue now stands temporarily in the Rotunda of the Capitol at Wash ington. ON PUBLIC CHARACTERS. 171 LETTER XXXII. Mat 27, 1833. Mr. Jefferson left the office of Secretary of State, December 31, 1793, and remained at Monticello, till called to the Vice Presidency, in March, 1797; although in retirement, he was not inattentive to the transactions at the seat of government. The proof of this is found in the letter written by him to an Italian, named Mazzei, under date of 24th of April, 1796. This Ital ian had come over to America, under the expectation of being able to cultivate the vine in Virginia, and had chosen Mr. Jeffer son's neighborhood for his purpose. An intimacy appears to have grown up ; and Mazzei having returned to Florence, Mr. Jefferson wrote to him, as may be presumed, in the utmost con fidence; and discloses his own views of Washington's adminis tration. This letter appears to have been carefully, not to say studiedly, written. Whether the writer intended it should be published or not, it is not easy to decide. Perhaps he intended it should be, and to take the good or evil of the publication. Its contents, when compared with the animadversions which appeared in Freneau's paper, and also in Bache's, very clearly prove, that these must have had Mr. Jefferson's hearty concurrence. This letter was published in the Moniteur of Paris, on the 25th of Jan uary, 1798, with many commentaries. Thence it came to this country, and was published here. It excited great attention among both parties. The partisans of Mr. Jefferson were not so far devoted to France, as to relish so unqualified a denunciation of the administration of their own country. They had no re source but to consider it a malignant forgery, designed to dispa rage Mr. Jefferson. From him, nothing was heard on the subject. The federal party had no doubt of the authenticity of the letter. They understood well, the views and purposes of this gentleman, 172 FAMILIAR LETTERS and saw in this letter a perfect accordance therewith. The let ter was as follows :* {From the Paris Moniteur, a French official paper, of the 25th qf January, 1798. f) " Monticello, April 24, 1796. " Dear Sir, " Our political situation is prodigiously changed since you left us.J Instead of that noble love of liberty, and that republican government, which carried us through the dangers of the war, an Anglo-Monarchic-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. Nevertheless, the prin cipal body of our citizens remain faithful to republican principles, and also the men of talents. We have against us (republicans) the Executive power and the Judiciary ; (two of the three branches of our government;) all the officers of government, all who are seeking for offices, all timid men who prefer the calm of des potism to the tempestuous sea of liberty ; the British merchants, and the Americans who trade on British capital, the speculators, persons interested in the bank and public funds: [Establish ments invented with views of corruption, and to assimilate us to the British model, in its corrupt parts.] * Since this page was written, a very able analysis of Mr. Jefferson's attempts to explain away this Mazzei letter, has appeared inthe "History of the Hartford Con vention," by Theodore Dwight ; see pages 23 to 25. This attempt at explanation was not published in Mr. Jefferson's lifetime, but is found in his volumes. Whoever reads Mr. Dwight's analysis will be satisfied, that Mr. Jefferson's effort on this occa sion, to preserve his fame as a fair, plain-dealing man, has been very far from success ful; and that if he intended his letter should find its way to the press, he made a blunder; and if he did not, he was chagrined by the publication. t This letter, literally translated, is addressed to Mazzei, author of Researches, Historical and Political, upon the United States of America, resident in Tuscany. I It does not appear when Mazzei came, nor when he left the United States. It is probable, from the tenor of this letter, that both these events happened before the adoption of the Constitution. If so, it shows that Mr. Jefferson preferred the condition antecedent to the adoption. ON PUBLIC CHARACTERS. 173 "I should give you a fever if I should name the apostates who have embraced these heresies, men who were Solomons in council, and Samsons in combat, but whose hair has been cut off by the whore of England. They would wrest from us that liberty, which we have obtained by so much labor and peril; but we shall pre serve 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 Lilli putian ties by which they have bound us, in the first slumbers that 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 influ ence." It is obvious, that in 1796, while Mr. Jefferson was a private citizen, he had no means of keeping himself in view, but by private conversation and correspondence. This letter, compared with others ofhis, seems to have been written for effect; the con cluding paragraph, especially, was adapted to the meridian of Paris, and there it may have been intended to go, and there it did go. Would any gentleman have ventured to make such a letter public, without some intimation from the writer, that such use of it would be agreeable to him ? Yet it seems that the publication of this letter greatly discon certed Mr. Jefferson. He shows his trouble in a communication to his friend, Mr. Madison. Now as Mr. Jefferson takes the greatest pains to prove that he always retained the good will of Washing ton, whose honorable fame he had not been able to demolish, but had found it necessary to sustain his own by showing that Wash ington thought well of him, it was indiscreet to publish this letter to Mr. Madison. In truth, it is wonderful that Mr. Jefferson should have prepared such matters for publication as his volumes contain; more wonderful, that his surviving friends should have published from his own pen, a confirmation of all the political blunders which federalists charged him with. Nor of such blunders only ; for as to the true character of the man, these volumes contain the 15* 174 FAMILIAR LETTERS proof of facts, which, but for them, would have rested much on probability and inference. In this letter to Mr. Madison, (August 3, 1797, vol. iii. p. 363,) after an ingenious commentary on what he did mean in his letter to Mazzei, he says, "Now it would be impossible for me to explain this publicly, without bringing on a personal difference between General Washington and 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, with nine-tenths of the United States. And what good would be done by avowing the letter with the necessary explanations? Very little, indeed, in my opinion, to counterbalance a great deal of harm. From my silence, in this instance, it cannot be inferred, that I am afraid to own the general sentiments of the letter. If I am subject to either imputation it is to avowing such sentiments too frankly, both in private and pub lic, 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 Colonel Monroe on the subject." It does not appear that these two counsellors were able to relieve their friend from his distress ; though it does appear that he never afterwards ventured to see Washington, or went to Mount Vernon but once afterwards, and then for the purpose of weeping at his tomb. It is probable that Mr. Jefferson felt the full weight of the embarrassment, of reconciling this Mazzei letter with his solemn declarations in the Senate chamber; and with his oath there taken, that he would support the same constitution, notwithstanding he told Mazzei that it was Lilliputian ties, and the substance and the form of the British government. These declarations were made, and this oath taken, within a year before this letter was published in the United States, and within a year after that letter was written. ON PUBLIC CHARACTERS. 175 Extract from the Inaugural Address of Mr. Jefferson, when inducted into the office of Vice President of the United States, March 4th, 1797. " I might here proceed, and with the greatest truth, to de clare my zealous attachment to the constitution of the United States; that I consider the Union of these states as the first of blessings ; and as the first of duties, the preservation of that constitution which secures it; but I suppose these declarations not pertinent to the occasion of entering into an office whose primary business is merely, to preside over the forms of this House; and no one more sincerely prays, that no accident may call me to the higher, and more important function, which the constitution eventually de volves on . this office. These have been justly confided to the eminent character who has preceded me here, whose talents and integrity have been known and revered by me, through a long course of years; have been the foundation of a cordial and uninterrupted friendship between us ; and I devoutly pray he may be long pre served for the government, the happiness, and prosperity of our common country." Now compare these sentiments with the real ones entertained by Mr. Jefferson, concerning the constitution and Mr. Adams, as confidentially expressed in Mr. Jefferson's volumes, and the true character of the man, in public and in private, stands forth, stripped of all ma.sks and disguises. "But, (say Jefferson's partisans,) admit all these facts ; call them contrivances, duplici ties and frauds, if you will; did not Jefferson demolish federal ism!" He did. But the question is, did he do good to his country by that ; or only to his party ? If only to the latter, (if good it can be called,) do the members of his party approve the means which he used ? If they do, they should not claim for Mr. Jefferson sentiments due only to the just and pure. It may ap pear, on further examination of Mr. Jefferson's public life, that no man has lived in the United States who has done so much to be lamented as has been done by him. It may appear, that he did no good even to his party, if they are intelligent and worthy citizens 176 FAMILIAR LETTERS of a free republic. The good which Mr. Jefferson did for himself may be tested by this : Who would have had that good, and that character of himself, which Mr. Jefferson has published and sub mitted to the world ? When Mr. Jefferson came to Philadelphia, in March, 1797, he was about fifty-four years of age. His personal appearance, as now recollected, was this : He was a tall man, over six feet in stature ; neither full nor thin in body. His limbs were long, and loosely jointed. His hair was of a reddish tinge, combed loosely over the forehead and at the sides, and tied behind. His com- . plexion was light or sandy. His forehead rather high and broad. His eyebrows long and straight; his eyes blue, his cheek-bones high, his face broad beneath his eyes, his chin long and his mouth large. His dress was a black coat and light under-clothes. He had no polish of manners, but a simplicity and sobriety of deportment. He was quiet and unobtrusive, and yet a stranger would perceive, that he was in the presence of one who was not a common man. His manner of conversing was calm and deliberate, and free from all gesticulation; but he spoke like one who considered himself entitled to deference ; and as though he measured what he said by some standard of self-com placency. The expression of his face was that of thoughtfulness and observation ; and, certainly, not that of openness and frankness. When speaking, he did not look at his auditor, but cast his eyes towards the ceiling, or anywhere but at the eye of his listener. He had already become a personage of some distinction, and an object of curiosity, even to a very young man. These personal descriptions are from memory, after the lapse of many years, and may not accord with those of persons who had more and better opportunities to observe ; and are not, therefore, offered with con fidence, that Mr. Jefferson is here, in all respects, justly described. During his vice-presidency, Mr. Jefferson was employed, as usual for that officer, in the Senate. It does not appear that the Vice President was ever called to cabinet meetings in Washing ton's time; or that Mr. Jefferson was ever called to such meetings ON PUBLIC CHARACTERS. 177 in the presidency of Mr. Adams, or advised with by him in any way. One of his volumes shows that he continued his corre spondence, especially with Mr. Madison, who was carefully ad vised of congressional proceedings. Of his letters, Mr. Jefferson must have kept copies, (which is not supposed to be a common practice in familiar correspondence,) perhaps with intention to make them public, as he has done. This is an unusual course, because the parties written to have an interest in that matter. Mr. Madison, Mr. Giles, Mr. Monroe, Dr. Rush and others, de rive no benefit from the publication of Mr. Jefferson's letters to them. He compiled a small volume of rules, for the government of the Senate. It is called Jefferson's Manual, and is a work of authority, and much respected. The very "great services" which he rendered in these four years, (as stated on his application to the Virginia legislature for leave to sell his estate by lottery,) in "making head against fede ralism," are not recorded in his copies of letters of his time, as one naturally expects to find them to have been. Nor are these "services" specially noticed as having been rendered within this time, though he considers them (on the occasion before mentioned) as the most important achievement of his political life. In this, as in some other instances, there is some ground for suspecting Mr. Jefferson of having resorted to after thoughts, when it was convenient to do so, to meet present emergencies. Whether this was so, or not, readers will have an opportunity to form their own opinions. It is to be remembered, that this is not an attack, but a defence; and that in defending, it is indispensable to show Mr. Jefferson's own character, as disclosed by himself. 178 FAMILIAR LETTERS LETTER XXXIII. JuifE 1, 1833. No man has appeared in the United States in the last fifty years, whose character, public and private, has been so differently esti mated as that of Thomas Jefferson. By .some persons he has been considered as one of the most pure, amiable, dignified, wise and patriotic of men. By others he has been considered, as re markably defective in the qualities which dignify and adorn hu man life ; and as one of the worst men, and most wrong-headed statesmen that ever lived. As Mr. Jefferson was neither a mili tary man, nor an orator, nor public speaker at all, and had only, as means of influencing others, conversation and his pen, he acquired an astonishing ascendancy over the American people. Readers will judge for themselves, which of these parties was right, and which was wrong. The present object is to exhibit Mr. Jefferson as he has seen fit to exhibit himself, taking the pro duct of his own pen as the principal guide. He is his own volun tary witness ; and it is an inflexible rule, that every man makes the best of his own case ; and that no evidence is so strong as one's own admissions. Mr. Jefferson employed himself in pre paring the materials for a work, which he intended to have pub lished to the world. He so employed himself, not in the hurry of the official scenes in which he had been long engaged; but in the calmness of retired life ; with the benefit of retrospection, and with the consciousness that he had a defence to make. If not so, then with the belief that he deserved a better fame, than might be allowed to him, if he did not plead his own cause. Before Mr. Jefferson is judged of, on the evidence which he has furnished himself, it may be proper to recognize some rules to be applied in estimating character. There are certain qualities which entitle a man to his own self-respect. He desires to be ON PUBLIC CHARACTERS. 179 considered, by others, as having these qualities. Among these are, regard for the truth ; for no man endures the charge of men dacity. Every one desires to be considered honest; for, to be even suspected of dishonesty, is to lose all just pretensions to es teem in the social relations of life. A gentleman desires to be considered as above all propensity to abuse the confidence, which the common intercourse of society requires. That which men ex press in the friendly and social circle, in the fulness of the heart, and without a suspicion of malicious use of what is so expressed, and with a certainty of freedom from all deliberative misrepre-' sentation, is ever held, by gentlemen, to be sacred. If this were not so, the intercommunication of thought must be excluded from social life, and every one must speak as though in the presence of his enemies. Among well-informed and polished men, there is a rule which approaches near to the golden rule, "Do as you would be done by," even though one feels no respect for the au thority from which it comes. There is a class of high-minded men in society, who add to the acknowledged law of honor, the sanction of Christian duty, which demands candor, charity, for bearance ; and who consider the rule, above mentioned, as in tended to be the best which can be prescribed, because it is founded in the human heart. Statesmen in a republic, who are called to the performance of a public trust, are presumed to know, that they undertake such trust, under a very solemn obligation, to execute it according to prescribed rules. They may misunderstand these rules ; if they do, they have not the capacity which the trust implies. They may misapply these rules; if so, they have not the intelligence which they assumed to have, when they bound themselves to ob serve them. They may intentionally pervert these rules, or sub stitute their own will for them ; if so, they are false and fraudu lent. As all men in office are merely agents for constituents, they are held to account for capacity, intelligence, and fidelity. While they live, their constituents have the remedy of finding worthier agents, by the peaceable remedy of elections. When 180 FAMILIAR LETTERS they have passed away, there is no earthly tribunal but that of public opinion. No man, not even the malefactor who dies by the halter, is regardless of what will be said of him, when he is dead. This sensibility is, doubtless, one of the provisions of man's Creator, to keep him in the path of his duties. There must always be two classes of public men in a free elective government. One of them holds political and social life, to be ordained by the Deity ; that man's natural propensities and wants, properly regulated, were intended to prompt him to secure «to himself the greatest good which he can have ; that the estab lishment of wise rules, and the faithful observance of them, in all social and political relations, secure to rulers and to the ruled, the best condition which they can have. This class also holds, that all official station is a mere trust, to be executed wisely and hon estly for the common welfare. Those who are called to this trust, hope for the esteem and respect of their constituents; if they fail to obtain these, they cannot be deprived of the consciousness of having deserved them. But, even for this class of public men, there cannot be claimed an exemption from errors, incident to human nature. The other class see in human society, only the means of satis fying the worst cravings of the human heart. They seek domin ion, not for the common welfare, but for themselves. They use the rules established for the general good to secure that dominion. They know that they must have adversaries in the first mentioned class, and in all who support that class. These adversaries, col lectively and individually, must be traduced, calumniated, and made odious. To their leaders must be denied talents and integ rity. They must be accused of the base.st designs. The sove reign people must be made to believe these criminations. To this end, any fraud, cunning, perversion, or machination, is justifiable. Private intercommunication, the public press, assuming to be friends and protectors of the people against their enemies, and to be the mere instruments of executing a popular will, which they create themselves, are the well-known means. Why should not ON PUBLIC CHARACTERS. 181 not the great mass of the community be deceived by such means? They hear and read, only as these crafty politicians order. Why should they not believe what their best friends tell them for truths ? To what an anxious, miserable servitude do these politicians con demn themselves! Some of them prosper, it is true, to the end of life ; but in general, they are found out, and they close their career with sorrow and disgrace. Among this great political class, there are prominent men, who have acquired the sincere belief, (from the habit of contemplating the acts, and designs of adversaries, in peculiar lights,) that the country cannot be safe in any hands but their own. They see through a distorting medium, but are honest in their views. Then there is a portion who are sincerely republican, as they understand the matter, who feel, rather than reason, on the political system, and who are liable to great mistakes. Then there is the class who misunderstand the meaning of "liberty and equality," and the order of society ; and who think any order must be wrong, which does not place them in positions as desirable as those which they see others to have. Then there are the master spirits who know how to excite, regulate and control all these classes. To this combination, add the leaven of party feeling, made up of hopes and fears, partialities and enmities, confidence and jealousy, ambition and avarice, and one comes to the domi nant power in most popular governments. This power vehe mently maintains, in words, the excellence of civil liberty ; and conducts, by acts, inevitably to despotism. To this condition Americans seem to be hastening, notwithstanding they have the advantages of schools, means of instruction, and a free press. At first view, it strikes one with astonishment, that the great mass of citizens, who suffer most from the errors of ignorant rulers, or the frauds of dishonest ones, should sustain and applaud both of these classes of politicians. But one ought rather to be astonished, that a government which is conducted merely on party dominion, has continued as long as it has. Let any man examine into the true state of information in any city, town, or village, in 16 182 FAMILIAR LETTERS the United States, and satisfy himself as to the sources of informa tion which he finds there ; and he cannot wonder at the opinions which are prevalent, nor doubt as to the motives by which they are imparted. He may lament, as he will, that such opinions exist, but he can no more change them by stating truths, than he can change the stature of those who entertain them, by wishing to do it. The great mass of voters are not to be reproached for their errors in judgment, as to men, or measures. For, to the natural impatience and proneness to complain, which mankind have, under almost any government, is to be added the unceasing effort ofthe "people's friends" to teach that, and that only, which they desire to have this mass believe to be true. Whether Mr. Jefferson belonged to the honorable, high-minded, and intelligent order of statesmen, or to the managing, contriving, and unprincipled class of politicians, it is not assumed to decide. But it is intended so to arrange the materials, (furnished by him self,) for forming a judgment, as to enable others to decide for themselves. There is no reason why Mr. Jefferson should be exempted from appearing before that tribunal at which he has arraigned so many of his eminent countrymen. Is there (to use one of Mr. Jefferson's" favorite words) a sacrosanct protection, or panoply for him and for no other man? If so, is it found in his virtues, in his example, in his science, in' his philosophy, in his religion, in his public services, his political wisdom and fidelity ? Let Mr. Jefferson speak for himself. But why should the repose of the dead be disturbed ? If Mr. Jefferson had lived out his term, and left his fame to history, as Washington, Jay, Adams, and others have done, he would not have been now a subject of commentary. If he had left for publication his claims to the respect and gratitude of his countrymen, without interfering with the like claims of other men, history would have only to deal with him, as with other men. But when it comes to this, that in striving to uphold and honor his own fame, he attempts to deprive all his cotemporaries, who were not of his own school, not only of the ordinary respect and ON PUBLIC CHARACTERS. 183 consideration to which men in public life may be supposed entitled, but to brand them as conspirators and traitors, is he to go unan swered ? If it be said that history will do justice, will it not also be asked, where were the survivors of those who were charged with misdemeanors and crimes? Where were their sons and descendants ? Why were they silent in their time ? Have they not pleaded guilty, by their silence, to all the criminations of Mr. Jefferson, both as to themselves, and their fathers? It is not to present Mr. Jefferson in unfavorable lights, that these pages concerning him are written; but to show the true value of his testimony against others. If he had left the federal ists to be judged of, when he left the earth, without his testimony against them, they would have had no cause of complaint against him. His public acts, and their public acts, remain recorded. These would have been examined, as the proper authorities, for the estimation of his merits, and of their merits, as public agents. The bitterness of party feeling, the personalities and enmities of adversaries, would not have appeared in these records. Time would have obliterated all memory of them. It is, then, a sur prising and sorrowful fact, that a retired President of the United States should have gathered the memoranda of his own unkind feelings, the tattle of his associates, the hearsay of excited parti sans, the minutes of private and confidential intercourse among guests invited to his own table, and dignify them with the title of "Memoirs and Writings of Thomas Jefferson!" This would only have been the subject of regret and pity, if it could be so understood in distant times, as it, probably, now is, by a great majority of all who have read these writings. But these writings will continue, and may be considered true, when those mentioned in them will not be known as they were known while they lived. It is then a duty, and one of which the performance is demanded by truth, justice and patriotism, to weigh the worth of Mr. Jeffer son's testimony. In contemplation of his posthumous work, Mr. Jefferson says, under date apparently of February 14th, 1818, (vol. iv. p. 443,) 184 FAMILIAR LETTERS "At this day, after the lapse of twenty-five years or more, from their dates, I have .given to the whole a calm revisal, when the passions of the time have passed away, and the reasons of the transactions act alone on the judgment. Some of the informations I had recorded, are now cut out from the rest, because I have seen that they were incorrect, or doubtful, or merely personal, or private ; with which we have nothing to do." We are, therefore, to take all that Mr. Jefferson retains to be correct, free from doubt, and neither personal nor private ; and also to be that which Mr. Jefferson intended for the world after "calm revisal." LETTER XXXIV. Juki 5, 1833. The perusal of Mr. Jefferson's writings raises the very difficult question, What was his motive for preparing them, and leaving them for publication ? Did the writer, in this case, mean only to vindicate himself against aspersions made in his lifetime ; or against calumnies which might arise after he was gone ? Did he mean to arrogate to himself pre-eminent merit, as a citizen and statesman ? If so, was it necessary to his purpose to deny all merit to cotempora- neous adversaries? Was it necessary to impute to these adver saries deliberate wickedness, long cherished and persevered in '? If he thought such a course necessary or proper, how should it have happened that he so managed the matter as to have fur nished to these adversaries, all the proofs which they could desire, of the errors and wrongs which they had imputed to him'? The only candid answer that can be given to such inquiries1 is, that Mr. Jefferson entertained very erroneous opinions of himself, and of others, and of the nature of society. It i§ the more to be ON PUBLIC CHARACTERS. 185 regretted, both for himself and his country, if he was perfectly sincere in what he said and did ; and believed himself to be what he professed to be. From his self-education, and the course of his studies, from the natural turn of his mind, his perceptions of his fellow men, and ofthe natural and necessary laws of society, it is probable that he had formed rules of right and wrong, adverse to those commonly received. It is also probable, that Mr. Jeffer son did not always respect the rules of moral action, which those who live according to Christian precepts, are supposed to observe. It was doubtful, at least, before Mr. Jefferson's books appeared, whether he had any sound opinions on civil government ; and whether he understood the true meaning of the political institu tions under which he lived. His books have had no tendency to affect these doubts favorably to him ; certainly none to prove, that he was wise and useful in his application of the rules, which the supreme law of the land prescribed to him. Whatever Mr. Jefferson may have said of constitutional rules, he thought himself under no obligation to observe them, whenever he found them inconsistent with his own views of expediency. He supposed a deliberate and solemn establishment of a form of government, intended by one generation for their own welfare, and that of all succeeding ones, until changed with the like solemnities, bound only the generation by which it was established. Selected to be the chief ruler by the people, he was the proper organ for expressing their will, "Lilliputian ties" notwithstand ing. Even in this political latitudinarianism, if he did not like the motive which he had assigned for any act done by him, he was at liberty to assign any other, adapted to a present exigency. If Mr. Jefferson's writings show that such were his opinions, it does not necessarily follow that he was intentionally wrong. It only shows that such was the character of the man. Howr far he has maintained his claim to the respect and gratitude of his countrymen, as "the great and good Mr. Jefferson," is quite another matter. 16* jgg FAMILIAR LETTERS With no part of Mr. Jefferson's life, before he became an agent for the United States, is it intended to interfere. His services to his native state, his fellow citizens there will estimate. At the age of forty-one, (in 1784,) he departed from the United States, to represent his country at the French Court. He had, before that time, written his " Notes on Virginia," in which he had ex pressed some opinions tending to show, that he might be pre pared to regard with complacency, the doctrines which prevailed among certain philosophers. These men, (Voltaire, Rousseau, D'Alembert, Diderot, and others,) as is well known from their lives and writings, had expressed a total disregard of some pre cepts, which other men, commonly reputed to be wise and virtuous, held in high respect. While he was there, the French Revolu tion began ; and it is in nowise discreditable to Mr. Jefferson, that he expected from it a political and social renovation, which no country could be more in need of than France. In this ferment ing region, Mr. Jefferson remained until the close of 1789, and then came home. Meanwhile the national government had been established, and he had been invited, by President Washington, to take the place of Secretary of State, which he did, at New York, on the 22d of March, 1790. Mr. Jefferson had never approved of the constitution. He came into place with an honest and decided dislike of some of its powers. He came in also, with an equally honest and inveterate hostility to England ; and with a zealous devotion to the revolu tionary measures of France. He had, no doubt, such recollection of English measures during the war, and while he was governor of Virginia, as may have been a full justification, in his own mind, for all the opinions which he entertained. The necessity, and the utility, of the changes going on in France, were also sober convic tions. Many other men, quite as honest and clear-sighted as Mr. Jefferson, thought as he did, as to France, at that time. Whether he carried into public policy his hostility towards one nation, and his affectionate attachment to another, so thoroughly as to lose all ON PUBLIC CHARACTERS. 187 consideration for the interests of his own country, is a question on which there were two opinions among his countrymen. Mr. Jefferson found Alexander Hamilton at the head of the treasury, Henry Knox at the head of the war department, and Edmund Randolph, Attorney General, and these persons, with himself, were the constitutional advisers of the President. It is probable that this selection was made to inspire confidence in the administration. Hamilton was much esteemed in the state of New York, wherein there was a strong minority against the con stitution. Knox was highly esteemed in Massachusetts, where there was also a strong minority. From Virginia, where the like opposition was vehemently manifested, it was perhaps deemed expedient to take two members of the cabinet, both of them men of distinction, and one of them eminently so; and both of them well known to have been adverse to the constitution. It may have been the intention of the President to have, in his councils, both sides of the case. It is well proved, that from the beginning Mr. Jefferson and Colonel Hamilton had very different views of expediency ; equally well proved, that these gentlemen became personally opposed, if not personal enemies, and so much so as to call for the interfer ence of the President to attempt a reconciliation. Here ;may, perhaps, be found one of the causes of the political conduct of Mr. Jefferson, and some of his motives for the declarations as to Hamilton, which appear in Mr. Jefferson's writings. The reproach which Mr. Jefferson, again and again, casts upon Hamilton is, that he was a monarchist, and devoted to the British interest. At the distance of more than thirty years from the time in which the scenes, which he discloses, occurred, and more than twenty years after Hamilton was dead, Mr. Jefferson intended the publication of the casual confidential remarks of Hamilton, with such coloring, probably, as may have best suited his pur pose. The point on which Mr. Jefferson seems to have founded Hamilton's political turpitude, was the proposal, and the support, of the "funding system," and the bank. This appears to have 188 FAMILIAR LETTERS been considered by Mr. Jefferson, as a corrupt design tc* assimi late the government of the United States to that of England, and gradually to introduce the political system of that country. The following are some of the many similar passages which are found in Mr. Jefferson's books, as published since his decease: Vol. iv. p. 450. " Hamilton was not only a monarchist, but for a monarchy bottomed on corruption." Same. page. While Washington was absent, Jefferson invited the members of the cabinet and Mr. Adams to dine with him, to consult on Genet's movements. After dinner Mr. Adams said, " Purge the (British) constitution of its corruption, and give to its popular branch equality of representation, and it would be the most perfect constitution ever devised by the witof man." Ham ilton said, " Purge it of its corruption, and give to its popular branch equality of representation, and it would become an im practicable government. As it stands, at present, with all its supposed defects, it is the most perfect government that ever ex isted." Mr. Jefferson adds, "Hamilton was, indeed, a singular character. Of acute understanding, disinterested, honest and honorable in all private transactions, amiable in society, and duly valuing virtue in private life ; yet so bewitched and pervert ed by the British example, as to be under thorough conviction, that corruption was essential to the government of a nation." Page 474. " Mr. Butler tells me, that he dined last winter in company with Hamilton and others. Hamilton declared openly, that there was no stability, no security, in any kind of govern ment but a monarchy." Page 503. December 27, 1797. " Tench Coxe tells me, that a little before Hamilton went out of office," (nearly three years before,) Hamilton said, " For my part I avow myself a monarch ist ; I have no objection to a trial being made of this thing called a republic, but, &c." , There are many similar records of Hamilton, in this volume. This gentleman may have entertained speculative opinions on government. He may have supposed, that his own countrymen ON PUBLIC CHARACTERS. 189 would not be able to carry on a republic. He may have believed if he had lived to the present day, that he was actually a subject of something like despotic rule, with the apparent approbation of a majority of the people. Under what circumstances, and with what qualifications, these opinions were uttered, Mr. Jefferson does not make known, nor does it appear to have been material to his purpose to have known. There are, in this volume, numerous remarks concerning Mr. Adams, apparently intended to make his fame odious to posterity. These remarks were preserved for publication, notwithstanding the renewed friendship with Mr. Adams. Some of them are these : December 26, 1797, (vol. iv. p. 503,) " Langdon tells me, that Adams," (in allusion to votes given for Clinton in opposition to Adams,) "gritting his teeth, said, Damn 'em, damn 'em, damn 'em, you see that elective government will not do." Page 451. "Mr. Adams had originally been a republican. The glare of royalty and nobility, during his mission in England, had made him believe their fascination to be a necessary ingredi ent in government. His book on the American constitutions, had made known his political bias. He was taken up by the monarchical federalists in his absence, and on his return to the United States, he was by them made to believe, that the general disposition of our citizens was favorable to monarchy." It is difficult to reconcile this course of remark, with any sound moral or social principle, which well-informed gentlemen recog nize. It is very possible that Mr. Adams may have entertained the abstract opinion, that the government of Great Britain, with some modifications, may be the best of which mankind are capa ble. But this is a very different affair from assuming, that Mr. Adams thought such a government should be attempted in this country. Let it even be supposed, as Mr. Jefferson would have it, that Mr. Adams thought that government the best for this coun try, what motive could Mr. Jefferson have had, twenty-five years after Mr. Adams had retired from public life, and had manifested, in various ways, a decided attachment to republican government, 190 FAMILIAR LETTERS and after the affectionate friendship between these two men had been cemented by a coirespondence ofthe most confidential cha racter, that these sayings (if they were ever said) should be trea sured up, and given, to the world? One cannot but ask, how Mr. Adams would have regarded this ? And as he was gone, and could not have suspected that his friend intended any such reproach to his memory, then those who now consider these things may ask, was this doing as one would be done by? Or, is this the conduct of a man of honor; of a real gentleman? There is another circumstance which Mr. Jefferson's writings bring into prominent notice, and which goes far to settle his true character. Washington had selected Mr. Jefferson for one ofhis most confidential advisers, and under circumstances which ought to have decided Mr. Jefferson to adopt one of two courses; first, to reject the confidence; or, secondly, to accept it, and to use it agreeably to Washington's implied expectation. Now there was a translating clerk in Mr. Jefferson's office, by the name of Fre neau ; who was also the publisher of the National Gazette. This paper was issued continually, for the principal purpose of bringing Washington's administration into contempt. It denied to him personally, both capacity and integrity. Freneau not only so published, but it was his practice daily to send three copies of his paper to Washington. This became intolerable, and Wash ington could not forbear to speak to his cabinet counsellor, on this highly unjust and abusive conduct of his own clerk; and request ed his interference, as a member of the administration, to rebuke Freneau. Considering the relation in which Jefferson stood to Washington, and the fact of Freneau's dependence on the former, what would have been the course of a fair dealing, conscientious person ? Mr. Jefferson, more than thirty years after this time, and in contemplation of his own decease, and in preparing the materi als for pages to be read after he was gone, tells what his course was. He says, (vol. iv. p. 491,) that Washington, at a cabinet council, remarked, "That rascal, Freneau, sent him three of his papers every day, as if he thought he (Washington) would become ON PUBLIC CHARACTERS. 191 the distributer of his papers ; that he could see in this nothing but an impudent design to insult him ; he ended in this high tone." Again at a meeting, May 23, 1793, (vol. iv. p. 485,) speaking of Washington, Mr. Jefferson says, " He adverted to a piece in Fre neau's paper of yesterday; he said he despised all their attacks on him personally, but that there had never been an act of the government, not meaning in the executive line only, but in any line, which that paper had not abused. He was evidently sore and warm, and I took his intention to be, that I should interpose in some way with Freneau, perhaps withdraw his appointment of translating clerk to my office. But I will not do it. His paper has saved our constitution, which was galloping fast into mon archy, and has been checked, by no one means so powerfully as by that paper. It is well and universally known, that it has been that paper, which has checked the career of the monocrats ; and the President, not sensible of the designs of the party, has not with his usual good sense and sangfroid, looked on the ef forts and effects of this free press, and seen, that though some bad things have passed through it to the public, yet the good have preponderated immensely." Mr. Jefferspn could elect to retain Freneau, and to patronize his paper, and to approve of his abuse of Washington ; but that he could retain his place, and daily appear before Washington, and affect to be well-disposed towards him and his administration, cannot be reconciled with the feelings and sentiments of any honor able man. Why such a man as Washington, kept such a man, as he knew Jefferson to be, near him and in his counsels, can be ac counted for only on the supposition, that Washington desired to sacrifice his own feelings, to what he may have considered to be the public good. Mr. Jefferson takes great pains to show, that Washington was exceedingly reluctant to have him retire, and kept him in office, against his own will, throughout the year 1793. This is very possible. There may have been good reasons for desiring to retain Mr. Jefferson, in the probable relation of the United States to France. We have Mr. Jefferson's version of the 192 FAMILIAR LETTERS matter. A contradictory one could come only from Washington himself. He knew that would never come ; for Washington is not supposed to have kept memoranda of his confidential inter course for public inspection, nor, probably, even for his own. Mr. Jefferson is as little merciful to Washington, as to other men of whom he records his opinions. In page 467, vol. iv., he remarks on Washington, who was then in his sixty-first year, that he was sensible of the decay of his hearing, of which no one is supposed to have heard but Mr. Jefferson. In page 455, (29th February, 1792,) when Washington was only sixty years old, Mr. Jefferson relates a conversation on Wash ington's retirement from office, in which the latter is reported to have said, "that he really felt himself growing old; his bodily health less firm, his memory, always bad, becoming worse, and perhaps the other faculties of his mind showing a decay to others, of which he was not sensible himself, and that this apprehension particularly oppressed him." It may be that Washington select ed Mr. Jefferson for this delicate and confidential communication. It is very unlike the supposed reserve and habitual dignity of Washington; and not reconcilable with his performance of the- duties of his second term ; nor with his acceptance of the com mand of the army, six years afterwards. One is at a loss even to conjecture the motive for making this record, if it was not to de preciate Washington, which is obviously the motive in the follow ing quotation : Page 512, "Rush" (Dr. Rush of Philadelphia) "observes, he never did say a word on the subject, in any of his public papers, except in his valedictory letter to the governors of the states, when he resigned his commission in the army, wherein he speaks ofthe benign influence of the Christian religion.' " "I know that Gouverneur Morris, who pretended to be in his secrets, and believed himself to be so, has often told me, that General Washington believed no more of that system than he did himself." That is, Morris admitted himself to be an infidel, and also knew that Washington was an infidel! ON PUBLIC CHARACTERS. 193 In the same manner, Mr. Jefferson appears to have treasured up all the opinions imputed to George Cabot, Samuel Dexter, Christopher Gore, Robert G. Harper, Rufus King, John Jay, Har rison G. Otis, Timothy Pickering, John Lowell, and many other eminent men, for the apparent purpose of proving to posterity, that they were enemies of the institutions of their own country, and leagued together to introduce a monarchy. It is to be re membered that the recorded sayings and opinions came through two or more mouths, and that the principal informant was a man of whom Mr. Jefferson himself says, "he is too credulous of what he hears."* The fourth volume of Mr. Jefferson's works abounds with these narrations, concerning the distinguished men of our country, for purposes which cannot be otherwise understood, than as designed to make these men odious. Now Mr. Jefferson may have thought all this right, and becoming. But so many of these tales are so near akin to mere gossip, that it is surprising any gentleman could be disposed to hear them. More surprising that any gentleman should record them as truths. Lamentable, that they should have been destined to meet the eye of future genera tions, with the sanction of one who had held the highest offices in the gift of his countrymen. LETTER XXXV. June 9, 1833. The two points on which Mr. Jefferson appears to rely most, to prove the design of establishing a monarchy, and a corrupt one too, are Refunding system, and the national bank. He considers, * Beckley, clerk of the House of Representatives. 17 194 FAMILIAR LETTERS whenever he mentions the former, that the object was, to create in the two branches of the legislature, "treasury votes" enough to carry all the measures of the administration; and that these must always be measures which ought not to be carried. He con siders, too, that every federalist who came into either branch, must have been corrupted by the funding system or bank, although not members when either was established. This is a very compre hensive denunciation ; and not worth answering at this day, if it were not to show the true character of Mr. Jefferson's credulity, or something worse. The best refutation may be, to mention the names of the ma jorities in both branches, who voted to provide for the public debt. If they were the corrupt men alluded to, they were not so avari cious as may be supposed ; and not so wise, as wicked, since no one was afterwards known to have changed his condition for the better, in consequence of his votes. The funding system was finally established in July, 1790. Those who voted for it in the Senate were: Butler, S. C. Morris, Penn. Daiton, Mass. Paterson, N. J. Elmer, N. J. Schuyler, N. Y. Henry, Md. Strong, Mass. Johnson, Conn. Walker, Va. Izard, S. C. King, N. Y. Langdon, N. H. In the House of Representatives : Ames, Mass. Foster, N. H. Benson, N. Y. Gale, Md. Boudinot, N. J. Gerry, Mass. Burke, S. C. Goodhue, Mass. Cadwalader, Penn. Grout, Mass. Carroll, Md. Huger, S. C. Clymer, Penn. Huntington, Conn. Fitzsimmons, Penn. Laurence, N. Y. ON PUBLIC CHARACTERS. 195 R. B. Lee, Va. Sturges, Conn. Leonard, Mass. Sumpter, S. C. Partridge, Mass. Thacher, Mass. Schureman, N. J. Trumbull, Conn. Sedgwick, Mass. Tucker, S. C. Sherman, Conn. Vining, Va. Silvester, N. Y. Wadsworth, Conn. Sinnickson, N. J. White, Va. W. Smith, S. C. Wynkoop, Penn. The following are among many similar notices of the provision for the payment of the public debt, found in Mr. Jefferson's volumes. In page 446 of 4th volume: "Hamilton's financial system had then passed. It had two objects : 1st. As a puzzle to exclude popular understanding and inquiry. 2d. As a machine for the corruption of the legislature ; for he avowed the opinion, that man could be governed by one of two motives only, force or interest. Force, he observed, in this country, was out of the question ; and the interest, therefore, of the members, must be laid hold of, to keep the legislature in unison with the executive. And with grief and shame it must be acknowledged, that his machine was not without effect." Almost all the members of both Houses of Congress, who voted for the "funding system," were then sufficiently distinguished to be known throughout the United States. Every one who can remember as far back as thirty years, and who was attentive to public affairs, must have been informed, (as- to those in his own state, if not more extensively,) of the reputation of these men. Who among them may be selected as a corrupt speculator? Who among them may be supposed to have advocated a great political measure, perfectly reconcilable with honor, justice, and duty in itself, for the purpose of enriching himself? Mr. Jefferson was among these men, from the 22d of March, 1790, to the 31st of December, 1793. He had Beckley and Freneau, and many other skilful inquirers and faithful reporters. Who would Mr. Jefferson have selected as a corrupt monarchist, if in that space 196 FAMILIAR LETTERS of time he had been called on to do so? Was there nothing in the future days of these men, and in the repeated marks of con fidence which were afterwards conferred where they were best known, which might have corrected Mr. Jefferson's opinions, in the long lapse of time through which he lived? No, nothing. Among the last acts of his life, he carefully prepared his charges to go down to posterity, with his certificate that they were true. The same sort of record is made by Mr. Jefferson concerning the National Bank, which was created by the votes of nearly the same men. On the 2d of March, (vol. iv. p. 481,) Mr. Jefferson thus describes the majority of the House of Representatives: "1. Bank directors. 2. Holders of bank stock. 3. Stock-job bers. 4. Blind devotees. 5. Ignorant persons who did not com prehend them ;" (meaning Gile's resolutions, criminating Hamil ton.) "6. Lazy, good-humored persons, who comprehended and acknowledged them, yet were too lazy to examine, or unwilling to pronounce censure. The three first descriptions, making one- third of the House, and the three latter one-half of the residue." Now, did Mr. Jefferson really believe this, his own record ? or did he record that which he believed to be untrue, to answer some purpose of his own ? If he really believed all that he states to be true, what must be thought of his understanding? If he knew that he was stating that which was untrue, what must be thought of his heart? LETTER XXXVI. Jmos 12, 1833. The subject of monarchy, as charged against the federalists as a party, is one on which Mr. Jefferson delights to dwell. The following are samples of the multitude of remarks to be found in his volumes : ON PUBLIC CHARACTERS. 197 In vol. iii. p. 402: "The X Y Z fever has considerably abated through the country, as I am informed, and the alien and sedition laws are working hard. For my own part, I consider those laws 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 another act of Congress attempted, declaring that the President shall continue in office during life, reserving to another occasion the transfer of the suc cession to his heirs, and the establishment of the Senate for life." In vol. iv. p. 183: "This government they (federalists) wished to have established here, and only accepted and held fast, at first, to the present constitution, as a stepping-stone to the final esta blishment of their favorite model. This party has, therefore, al ways clung to England, as their prototype and great auxiliary in promoting and effecting this change. A weighty minority of these leaders, considering the voluntary conversion of our government into a monarchy, as too distant, if not desperate, wish to break off from our Union its eastern fragment, as being, in fact, the hot-bed of American monarchism, with a view to the commencement of their favorite government ; from whence the other states may gan grene by degrees, and the whole be thus finally brought to the desired point." "At the head of this minority, is what is called the Essex Junto of Massachusetts. But the majority of these leaders do not aim at separation. In this they adhere to the known principles of General Hamilton, never, under any views, to break the Union. Anglomany, monarchy, and separation, then, are the principles of the Essex federalists ; Anglomany and monarchy, those of the Hamiltonians ; and Anglomany alone, that of the portion of people who call themselves federalists." (Letter to Mr. Melish, map- maker, January 19, 1813.) These are only some of many similar remarks scattered through Mr. Jefferson's third and fourth volumes. The foregoing extracts assume, that almost immediately after , 17* 198 FAMILIAR LETTERS the adoption of the national government, there was a party in New England, who designed to subvert that government, and dis solve the Union, or to convert that government into a monarchy. No persons are named.* It is a general denunciation of the federal party. There is no mode of meeting and refuting Mr. Jefferson, but by stating facts which cannot be denied; and if these be utterly incompatible with the supposed design, the design itself must be regarded as a mere calumny, chargeable on the perverted state of Mr. Jefferson's mind, or on his own want of integrity. These are historical facts: The federal party labored, with all their might, to establish the national constitution. King, Gore, Strong, Lowell, Parsons, Hamilton, Jay, Pickering, Brooks, Sedg wick, and hundreds of such men who might be named, were among the most zealous advocates of the constitution. What were their motives ? If they had any such purpose as Mr. Jeffer son imputes to them, they could not have been the advocates of a regular system of government, which guaranteed to each and every state in the Union, the continuance of republican forms. The firm establishment of such a government made the whole of the United States one community, from which no state could with draw but by the consent of all. The whole physical force in states adhering to the confederacy, could be arrayed against any one which was disposed to depart from it. The federal party in tended that this should be so ; and they did everything that men could do to effect this object. They discerned in the federal union the only security against external foes, and internal faction ; and above all, security against the contentions, already becoming seri ous, between the states themselves. If these are unquestionable facts, how could the very men who thus labored to establish this government, have intended at the same time, or within a few years afterwards, and while it was in the most satisfactory execution * This is the often repeated opinion of Mr. Jefferson, who says, in his Mazzei letter, "we must break these Lilliputian ties, with which they have bound us," &c. ON PUBLIC CHARACTERS. 199 under the direction oi federalists, its dismemberment and destruc tion ! One would think, that these men had every inducement, which can influence the human mind, to preserve the constitution, and to have it wisely administered. If they had desired to create a monarchical system, their course would have been to keep out of the Union, to have promoted an archy and confusion, and to have made force necessary to preserve order ; and to have availed of that force to establish their domin ion. They were to do this while the whole country was impover ished and distressed by the effects of the revolutionary war ; and when New England had almost exhausted its strength in repelling the efforts of royalty to establish a tyrannical power. These very men, whom Mr. Jefferson charges with the design of erecting a monarchy, through the means of interior commotion, wrere the foremost to suppress the rebellion in Massachusetts, in 1786-7; and who were instructed by that occurrence, perhaps more than any other, in the necessity of a federal union. These are facts not to be denied ; and how do they agree with Mr. Jefferson's calumnies ? As to the design of converting the national government into a monarchy, which Mr. Jefferson so often asserts, how were they to effect such a purpose ? Mr. Jefferson admits, that the people of the United States everywhere, except among leading federalists, were republican. Monarchy could be erected but in one of two modes, assent or force. Mr. Jefferson does not pretend that it could be done by assent. He says it could not ; and truly. The people of the United States had just effected their liberation from a monarchy. Were they, while the memory of their toils and sufferings was so fresh, to have submitted to the dominion of one of their own citizens, and have stood quiet or applauding specta tors to see him crowned ? Were the federalists as silly as Mr. Jefferson thought them wicked ? Did not they know the state of public opinion as well as he did ? If one could suppose such an absurdity as Mr. Jefferson has caused to be published, who was to be the king ? Admit that everybody was ready for a monarchy, 200 FAMILIAR LETTERS and that the federalists had only to arrange their order of it, one had as much pretension to wear the crown as another. They must have peaceably arranged among themselves, who should be masters and who should be servants. A king would need dukes and lords to prop him up. Who were to be selected for such dignity, and who excluded ? Who but Thomas Jefferson would impute to men, who certainly had some claim to common sense, and who had done all they could to establish republican liberty, the project of a peaceful arrangement of a monarchy? Royalty hy force, was a still more absurd project. The fede ralists must have had command of men and money. How were either to be obtained ? The federalists had no money wherewith to maintain a military force ; and the people must have submitted to military exactions to have kept any force on foot, for a single week. Mr. Jefferson presumed too much on the credulity of his country men, in supposing that they would believe him ; or he had been spoiled in finding that his assertions had been so long received by them as truths. The more probable solution is, that Mr. Jef ferson's readiness to believe what he had hoped was true, had convinced him that it was true. He somewhere says, that an often asserted falsehood, comes at length to be a truth in the mind of him who asserts it. Mr. Jefferson did no credit to his own book learning, of which he had a great deal, in assuming, that a republic can be converted into a monarchy, in either of the modes which he imputes to the federalists. He knew, or ought to have known, that republics have never changed into monarchies, but always into despotisms. He must have known that when despotism overwhelms this country, it will come by the usurpation of men, who can delude the multi tude under the guise of being their friends. No man that has lived in the United States in the last fifty years, has done so much as Mr. Jefferson himself, to prepare the public mind for such usurpation. All the misrule which now afflicts this country, can be fairly traced to him. He may have been far enough from any such design ; but the effect is a sorrowful fact, as a large propor- ON PUBLIC CHARACTERS. 201 tion of the thinking men of the country see with dismay. If there be, in the present chief magistrate,* indications of a desire to exercise an absolute authority, he proposes to do it, in virtue of being the popular favorite. As such, his friends sustain him. LETTER XXXVII. June 15, 1833. The Jeffersonian dominion began in the United States on the 4th of March, 1801. The opponents of the federal constitution had (by means well known, that is, by all manner of appeals to popular prejudice) been gaining strength. The same means persevered in, would, in another four years, have given the administration to them. The experience of the last thirty years proves, that the majority of the American people can always be ruled by their friends. In other words, combinations of adroit men who want office, emolument and distinction, and who con sider all these to be only prizes to be gamed for, can always find the means of winning them. Those who have the principles and feelings of the founders of the government, by whatsoever name distinguished, must content themselves with opposition to what they conscientiously believe to be destructive of the original purposes for which the government was instituted. This they must do, or prefer, as Mr. Jefferson says, "the calm of despotism to the tem pestuous sea of liberty," under very disagreeable masters. When the votes were counted, it appeared that Mr. Jefferson had seventy-three, Aaron Burr seventy-three, John Adams sixty- five, C. C. Pinckney sixty-four. As the constitution then was, two persons were to be voted for, both of whom could not be * This refers to Andrew Jackson. 202 FAMILIAR LETTERS resident in the state in which the vote was given. The highest number of votes, being a majority of all the votes cast, made the President ; the next highest, being a like majority, made the Vice President. Jefferson and Burr having an equal number, the choice devolved on the House of Representatives. Mr. Jefferson took care to have this "procedure corrected" by a change of the con stitution before another election. The House vote, on such occa sions, by states. If the number of representatives from a state was seven, a majority of this number constituted the vote of the state. If the number was*equal, the vote of the state might be divided ; but by a regulation adopted by the House, the vote was not lost in case of division, but was counted ; though for neither party. From New Hampshire there were four ; from Massachu setts, fourteen; from Connecticut, seven; from Vermont, two; from Rhode Island, two; from New York, ten; from New Jersey, five; from Pennsylvania, thirteen; from Delaware, one; from Maryland, eight; from Virginia, nineteen; from North Carolina, ten; from South Carolina, five; from Georgia, one; from Kentucky, two; from Tennessee, one. Among the members spoken of, from personal observation, were Sedgwick, Thacher, Otis, Lincoln, Griswold, Dana, Goodrich, Smith, Champlin, all of New Eng land. Jonas Platt, New York; Edward Livingston, New York; Gallatin, Pennsylvania; James A. Bayard, Delaware; Samuel Smith, Maryland ; Henry Lee, Virginia; John Randolph, Virginia ; Littleton W. Tazewell, Virginia; N. Macon, North Carolina; R. G. Harper, South Carolina; Thomas Pinckney, South Carolina; John Rutledge, South Carolina. The House voted, among other regulations, to attend to no business but the election, while it was pending, and not to adjourn until an election was effected. The balloting began on Wednesday, the 11th of February, and continued until Tuesday, the 17th, at one o'clock; recurring at longer or shorter intervals. In thirty-five ballotings, the vote stood eight for Thomas Jefferson, six for Aaron Burr, and two states were divided. On the thirty- sixth ballot, Jefferson had ten states, Burr, four ; and two states ON PUBLIC CHARACTERS. 203 gave a blank vote. The presence of every member during this extraordinary scene, which lasted seven days, was indispensable. Some of them were infirm or indisposed, and were accommodated with beds or couches; and one member was so indisposed as to be attended by his wife. The whole number present was one hundred and four; of whom a majority were federalists, though there was not a federal majority of states. The election was decided by the votes of Vermont and Maryland. Lewis R. Morris is said to have withdrawn, leaving his colleague, the famous Matthew Lyon, (who was convicted of sedition,) to vote for Vermont. Four federalists, in Maryland, are said to have given blank votes, and the other four members from that state, to have voted for Jefferson. These seven days of balloting were days of great excitement. Mr. Adams was there as President, contemplating the approach of his political annihilation. Mr. Jefferson was there daily pre siding in the Senate, in all the inquietude of success or defeat. Burr was at New York or Albany. The federalists, in the House, had a most painful and responsible duty to perform ; that of choos ing between two such men as Jefferson and Burr ! Among the rumors of the time was this : That the federalists could, and would, prevent any election, and would permit the balloting to go on till the 4th of March, and consider both offices (President and Vice President) vacant, and leave to the President of the Senate to exercise the executive power. Another rumor was, that a law could be passed to vest in some person the executive power. It is not improbable, that, from the abhorrence which some mem bers may have felt at seeing Mr. Jefferson in the office of Presi dent, means were spoken of, adapted to prevent such a national misfortune. Doubtless the federalists would have done anything, which they believed to be constitutional and dutiful to prevent it ; but no such propositions are supposed to have been discussed. The Jeffersonians insisted, that the people meant Jefferson should be President, and that, if the House did not choose him, an armed force would go from the neighboring states to compel the House 204 FAMILIAR LETTERS to choose him; or, more probably, to choose him themselves. Mr. Jefferson says, in a letter under date of February 15 (1801), to James Monroe, while the election was pending, (vol. iii. 452,) "If they could have been permitted to pass a law for putting the government into the hands of an officer, they would certainly have prevented an election. But we thought it best to declare, one and all, openly and firmly, that the day such an act passed, the middle states would arm ; and that no such usurpation, even for a single day, should be submitted to: This first shook them ; and they were completely alarmed at the resource for which we de clared, viz., to re-organize the government, and to amend it. The very word convention gives them the horrors, as in the present democratical spirit of America, they fear they should lose some of the favorite morsels of the constitution." One would have thought this a favorable time for the "monarchists" to have made an attempt to set up a king. The government would have come to a natural and easy dissolution, by refusing to elect a President, and no better chance of scrambling for royalty could ever be expected. Mr. Jefferson says, that he was frequently asked, during this time, to promise, that he would not do certain acts which the fede ralists feared he would do; that is, that he would preserve certain features of federal policy. He says he answered, that he would not go into office with his hands tied. It must be admitted that he acted with some firmness (if the fact was so) in refusing, what proved to be for him a crown (as he says) "on capitulation." Among other rumors was this : Hamilton is said to have been consulted ; and that he was of opinion that it was better to choose Jefferson than Burr. He seems to have had an abhorrence of Burr, and to have believed it safer to trust to Jefferson's characteristic timidity, than to Burr's insatiable ambition. It was as embarrass ing a question as could be proposed to an honorable and patriotic mind, which of these two men might do the most mischief! It might have made a favorable difference to this country if Burr had been preferred, whatever Burr may have been since that day; ON PUBLIC CHARACTERS. 205 and certainly, all the difference of life and death to Hamilton himself. This election of President (in February, 1801, by the House of Representatives) is sufficiently interesting to be further noticed, for two reasons ; first, to present a true account of the federal party in the House, whose adversaries attributed to them very reprehensible designs and attempts; secondly, to show the true character of Mr. Jefferson's "Anas," and records. Both these objects will be accomplished by the perusal of evidence contained in the Appendix. This evidence was published in the National Gazette, (Philadelphia,) January 1, 1830, by Richard H. Bayard and James A. Bayard, sons of a gentleman of the latter name, in refutation of two of Mr. Jefferson's statements. This is an instance, in which it was deemed a duty to a deceased parent, to inquire into the truth of Mr. Jefferson's assertions. It will be seen, by the perusal of that evidence, that Mr. Jefferson is plainly in error. Being proved to be so, in this case, a strong presump tion arises, that if the truth of his statements, in other cases, could be tested in like manner, they would be found to be equally erro neous. James A. Bayard, the gentleman whom Mr. Jefferson mentions so improperly, was a descendant of the Chevalier Bayard, who died in 1524; and who is familiarly known as the man (sanspeur et sans reproche) without fear and without reproach. In a letter written by Mr. Bayard in 1801, and which will be found in the Appendix, he saysj I shall never lose sight of the motto of the great original of our name." This gentleman was an eminent lawyer in the state of Delaware. He was in both branches of Congress, and was second to no one in either branch. He was one of the envoys who made the treaty of peace at Ghent in 1814. He was a tall, well-proportioned, erect man, of light complexion, light hair, of handsome face, intelligent and manly expression, and of courteous and dignified manners. He was one, of whom it might be truly said, that nature, education, mind, heart and habit, had combined to make a gentleman. His eloquence was 18 206 FAMILIAR LETTERS lofty and commanding. He had, eminently, the first of its re quisites, sincerity, and certainty that he was right. It was such a man, that Thomas Jefferson would declare, even from his own tomb, to be a political knave. The two passages complained of by Mr. Bayard's sons are the following. The first of them will be found in vol. iv. p. 515. "February 12, 1801. Edward Livingston tells me, that Bay ard applied to-day, or last night, to General Smith, and represent ed to him the expediency of his coming over to the states who vote for Burr ; that there was nothing in the way of appointment which he might not command, and particularly mentioned the Secretaryship of the Navy. Smith asked him if he was author ized to make the offer. He said he was authorized. Smith told this to Livingston, and to W. C. Nicholas, who confirms it to me. Bayard, in like manner, tempted Livingston, not by offering any particular office, but by representing to him his, Livingston's, intimacy and connection with Burr ; that from him he had every thing to expect, if he would come over to him. To Dr. Linn, of New Jersey, they have offered the government of New Jersey. See a paragraph in Martin's Baltimore paper, of February 10, sign ed 'A Looker-on,' stating an intimacy between Harper and Burr." Mr. Jefferson begins in page 520 of the 4th volume, under date of April 15, 1806, the record of an interview with Burr, which occurred, he says, about a month before, in which Burr (then Ex- Vice President) appears to have intimated that an office would be agreeable to him. Mr. Jefferson says that he said to Burr, " that if we believed a few newspapers, it might be sup posed he had lost public confidence, but that / knew how easy it was to engage newspapers in anything." " That as to any harm he could do me, I knew no cause why he should desire it; but at the same time I feared no injury which any man could do me ; that I had never done a single act, or been concerned in any transaction, which I feared to have fully laid open, or which could do me any hurt, if truly stated." He then adds, (same page,) "I did not commit these things to writing at the time, but I do it now, be- ON PUBLIC CHARACTERS. 207 cause in a suit between him (Burr) and Cheetham, he has had a deposition of Mr. Bayard taken, which has no relation to the suit, nor to any other object than to calumniate me. Bayard pre tends to have addressed to me, during the pending of the presi dential election, in February, 1801, through General Samuel Smith, certain conditions on which my election might be obtained ; and that General Smith, after conversing with me, gave answers for me. This is absolutely false. No proposition of any kind was ever made to me on that occasion by General Smith, nor any answer authorized by me; and this fact General Smith affirms at this moment." Now, so it is, that Mr. Bayard wTas one of the six persons in the House of Representatives, on whom the election of Mr. Jef ferson depended ; either of whom could have decided the election; and that Bayard had less repugnance to the election of Mr. Jef ferson than to that of Mr. Burr ; and that he could, at any ballot ing, have settled the question by his vote ; and was resolved that there should be an election. It also happens, that on the same day when Mr. Jefferson made his record, General Smith, a per sonal and political friend of Mr. Jefferson, was engaged in giving his deposition in a case, in which he declares, that he undertook, being a resident in the same house with Mr. Jefferson, to inquire into his policy concerning commerce, the navy, and the funding system ; that he did inquire of Mr. Jefferson, and did report his answers; and that the election was thereupon made. He and Mr. Bayard both testify, that no proposition was made to either of them, nor by either of them, to promote Burr's election. Mr. Bayard says, that at this time he had no personal acquaintance with Burr ; and that he knew not of any effort made by Burr, to promote his own election; that no means to that end were taken among the members, but argument and persuasion, founded on the belief, that it would be less disastrous to the country to elect Burr than to elect Jefferson. It is furthermore a fact, that General Smith on the floor of the Senate denied, that Mr. Jefferson had recorded truths ; and another fact that Mr. Livingston stated, 208 FAMILIAR LETTERS also, on the floor of the Senate, that he remembered no such truths, as Mr. Jefferson had recorded concerning himself.* If Mr. Jeffer.son could so write, on facts which must have been within his own knowledge, and adapted to be strongly impressed on his memory, it casts a deep shade over his " tells me" asser tions, and over his hearsay records, received from persons, who had, probably, learned how to gratify his sense of hearing.f LETTER XXXVIII. June 23, 1833. The election of Mr. Jefferson was regarded with strongly con trasted feelings, by the two great parties of the United States. He had not been a prominent object of attention, while in retire ment, between his resignation of the office of Secretary, and his Vice Presidency. While in the latter office, he was only a pre siding officer, and had no call to express his opinions publicly. As soon as it was ascertained that he, or Burr, must be the Pre sident, it became highly interesting, to both parties, to investigate his character, and his political propensities. He was portrayed according to the perceptions of the two parties, and presented in striking colors. * See Appendix. f The evidence collected by the sons of Mr. Bayard to vindicate the honorable fame of their father, against the calumnies of Mr. Jefferson, consists of two de positions given by Mr. Bayard, in cases of libel which arose out of the election of February, 1801 ; and of a deposition of Samuel Smith, in one of those cases ; — also of letters from members of Congress, who were present at that election. This evidence is accompanied by some very becoming commentaries from Mr. Bayard's sons, and was made public January 1, 1830, through the National Gazette, (Phila- delphia,) in consequence of Colonel Hayne's (South Carolina) having introduced Mr. Jefferson's record ol facts, in a debate in the Senate. This evidence is histori cally important. ON PUBLIC CHARACTERS. 209 By the one party, he was represented as the early advocate of religious freedom, and of the rights of man; the great apostle of liberty ; the friend of our excellent ally, France ; the determined foe of British influence ; the reformer of constitutional errors ; a sage, a philosopher, a true patriot, and genuine republican. By the other, — as a man destitute of the commonly received moral principles ; and one who entertained no respect for the ac knowledged foundation of all moral principle ; the devoted admirer, and blind apologist of one foreign nation, and the uncompromising enemy of another; nor less an enemy to the men who had con ducted the government for the first twelve years, and to all their measures; nor only so, he was declared to be hostile to the con stitution itself, and would exercise the powers which it vested in him, to gratify one portion of his fellow citizens, and humble the other ; that he would not be the dignified head of a great republic, hut an intolerant party chieftain ; that his learning had been used to break down and remove, rather than to uphold and preserve, the landmarks by which the virtuous and intelligent had, for ages, bounded social welfare. How far from the truth these parties respectively were, it is certainly of some importance to know. How near that posterity, to which Mr. Jefferson appeals, will come to the truth, cannot be foreseen. It is probable that the obscurity which time throws over motives and acts, and the generalization which is all that the limits of common history permits, will prevent a true estimate of Mr. Jefferson's merits and faults, among those of future days. Time will also diminish the interest which will be felt in this gentleman's real character, and he will, probably, be known only as one who held the first station in his country ; and that certain prominent events occurred in his time ; but why did they occur, will interest very few. This is not so with those who are now living. Mr. Jefferson has made it highly interesting to them to know his true character, and the meaning and consequences of his policy. If it be true, as many suppose it to be, that he was the original cause of the 18* 210 FAMILIAR LETTERS dangerous theories and practice, which now threaten to destroy the security and happiness of the American people : if he was the author of that perversion of our institutions, intended for common welfare of the whole, to the exclusive use and benefit of a few ; if he was the creator of that destroyer of all republics, party, the well known precursor of despotism ; if his political acts and his private writings, now given to the world with the sanction of his own name, prove, that all or any of these supposi tions may be true, — surely, all of the present day are interested to inquire, and to decide. Taking his public messages, and other official documents, as the true index of his purposes as a public officer; and then taking the contents of his own volumes, as the true interpreter of his true meaning in all things, which he did as an officer, as a citi zen, and as a man, we may arrive at demonstration. It will, on such authority, appear, that from the 22d of March, 1790, to the 4th of March, 1801, Mr. Jefferson had three great purposes always in view, and that he .spared no exertion to ac complish them: 1. The aggrandizement of France. 2. The de struction of England. 3. The demolition of federalists, as a party ; and the expatriation of the citizens who were of that party. It will also appear, that the means taken to accomplish his ob jects, would be considered, in any other man, to be subversive of the honor and independence of his own country ; a perversion of its institutions ; unjust in motive ; oppressive and demoralizing in effect. But Mr. Jefferson is singularly privileged from all im putations of base or unworthy motives, in any case. He has un dertaken to be responsible for his own honesty. If it must be admitted that he was honest, that is, that he really saw himself, his fellow-citizens, his country, and its institutions, as he repre sents himself to have seen them, he has proved his honesty at the expense of respect for his intelligence, and of esteem for his heart. If it were any other man, one might venture to say, that he thought anything right, which he thought expedient ; and that ON PUBLIC CHARACTERS. 211 anything was expedient, as to object and means, which would accomplish his own ends. When Mr. Jefferson became President, the people had delibe rately established a national form of government, as accurately defined as could be done by human wisdom. It had received a practical construction during twelve years, by very able men, and whom history will honor as wise, virtuous and patriotic. Falli ble they may have been, and may have erred under high party excitements, and in opposing those whom they regarded as dan gerous partisans, whether these were deluded, or dishonest. > The Jeffersonian party of the last thirty years, have never amended the system which the first twelve years established. They have often departed from it, and perverted it ; but in their pressing necessities have always returned to it, and relied upon it. That system contemplated and provided for the national se curity and independence, by a sound credit, by reasonable means of defence, by honorable and prudent policy as to all other na tions. At home, it meant to secure, and did secure, tranquillity, the reasonable protection of domestic industry, gradual internal improvement, a sound currency, and unrestrained exercise of every power to acquire and enjoy, so far as the policy, rightfully adopted by foreign nations, would allow. This system left to state sovereignty its legitimate sphere of action uncontrolled. As the guardian and protector of all these rights, privileges and enjoyments, it provided a learned and independent judiciary, capa ble of restraining the plain excess of legislative and executive action in national affairs ; and of state sovereignty, whenever this should happen to exercise power, which the people had clearly vested in the sovereignty of the nation. At the time when Mr. Jefferson came in, the United States were prosperous under that system. The relations with all fo reign nations (except two on the coast of Barbary) were pacific ; and with most of them, friendly. The public debt was insignifi cant, compared with national means. At home, excepting the factious temper, (which Mr. Jefferson had done much to encou- 212 FAMILIAR LETTERS rage,) all was well; and never had any man a fairer opportunity to secure to himself an honorable fame, and to transmit his mem ory to distant days as one of the worthiest of rulers our country- had known. There was reason to expect that the party who had hoped nothing, but had feared everything from him, might have been unjustifiably prejudiced. LETTER XXXIX. June 27, 1833. In his inaugural speech, Mr. Jefferson soothed the serious ap prehensions which were entertained, as to the manner in which he might exercise executive power. " Let us reflect," says he, "that having banished from our land that religious intolerance under which mankind so long bled and suffered, we have yet gained little, if we countenance an intolerence as despotic, as wicked, and capable of as bitter and bloody persecutions." "Every difference of opinion is not a difference of principle. We have called by different names brethren of the same principles. We are all republicans, all federalists." "If there be any among us, who would wish to dissolve this Union, or to change its re publican form, let them stand undisturbed, as monuments of the safety with which error of opinion may be tolerated, when reason is left free to combat it." From these declarations there was good reason to hope, that Mr. Jefferson intended to be the Presi dent of the United States, and not the chief of an intolerant and vindictive party. Afflicted as the federalists may have been at seeing the executive power pass into his hands, they would have cheerfully sustained him in the exercise of it, if that exercise of power had been even in conformity with his own declarations. On the contrary, Mr. Jefferson did all he could to subvert every ON PUBLIC CHARACTERS. 213 measure which the federal party had adopted, and to obliterate every trace of their administration. Whatever may be thought of the personal deportment of the two first Presidents, as essential to the maintenance and dignity of their stations, and to secure themselves from interruptions, and from the loss of time necessary in the discharge of public duties, it could not be agreeable to the nation, to see the abolition of all official dignity. This it was Mr. Jefferson's pleasure to do. He had no appropriate hours for visiting. He was accessible by any one, almost at any hour, and descended, at once, to the lowest level. To this example may be traced the scenes which are no ticed at this day in the abode of the President, and which mortify our own community, and furnish a subject of ridicule to European travellers. The first contrast between Mr. Jefferson's inaugural declara tions and his intended acts occurred early in 1801. Elizur Good rich had been appointed collector of New Haven by Mr. Adams. In June he was removed, without any suggestion of incompetency, as to talents or integrity, and a partisan, by the name of Samuel Bishop, was appointed. This drew from the merchants and most respectable men of that city a calm remonstrance, in which they assert Goodrich's promptness, integrity and ability; and add, that these were qualities not to be found in Bishop. They also assert, that Bishop was nearly seventy-eight years of age, and so infirm as scarcely to be able to write his own name ; that he was unacquainted with revenue laws, or mercantile business, or even with the most simple forms of accounting. To this remonstrance Mr. Jefferson made an answer, on the 12th of July, in which he says, among other things : " Declarations by myself in favor of political tolerance, exhortations to harmony and affection in social intercourse, and respect for the equal rights of the minority have, on certain occasions, been quoted and misconstrued into assur ances, that the tenure of offices was not to be disturbed. But could candor apply such a construction1?" It was thus manifested what Mr. Jefferson's construction of 214 FAMILIAR LETTERS assurances would be, and what his acts would be, throughout his administration. In the memorable debate which arose on Mr. Jefferson's propo sal to abolish the Courts, (House of Rep., Feb. 1802,) Mr. Giles's speech disclosed the hostility which the Jeffersonians entertained towards all federal measures from the first institution of the government. Mr. Bayard, in his masterly reply to Mr. Giles, states wThat the executive policy had already shown itself to be in dismissing worthy officers, and in appointing mere partisans. Mr. B. said : "If the eyes of the gentleman are delighted with victims, — if objects of misery are grateful to his feelings, — let me turn his view from the walks of the Judges to the track of the present executive. It is in this path that we see the real victims of stern, uncharitable, unrelenting power. It is here we see the soldier who fought the battles of the revolution, who spilt his blood, and devoted his strength to establish the independence of his country, deprived of the reward of his services, and left to pine in penury and wretchedness. It is along this path that you may see helpless children crying for bread, and gray hairs sinking in sorrow to the grave! It is here, that no innocence, no merit, no truth, no ser vices can save the unhappy sectary, who does not believe in the creed of those in power." That which the people of the United States ought to regard with abhorrence, in a President, is the implied invitation given by Mr. Jefferson to all political adversaries, to abandon their creeds and adopt his own ; and the clearly implied promise of re ward for apostacy. This was a well-known mode of strengthening party, long before there were white Americans. Mr. Jefferson has the distinction of having introduced it into our republic. He carried it to its full extent, officially and privately. In no nation, no, not even in Rome, in its most corrupt days, has this demoral izing seduction been more effective than in our own land, since Mr. Jefferson became President. Opinions, long entertained, as to men and measures, and as to creeds in religion, are sometimes honestly and honorably aban- ON PUBLIC CHARACTERS. 215 doned, and opposite ones adopted. But a change cannot be ho nest or honorable, where there is no new fact, nor any reason for viewing facts, before admitted, in any new light. Surely no change can be so, where the sudden convert realizes benefits, not to be had without apostacy. The distinction between parties was so marked in Mr. Jeffer son's time, that there could be no half-way change. The con vert could do nothing short of what is done by a deserter from an army. Those who went over to Jeffersonism had the only merit of being ashamed of their desertion. To cover this, and to prove their sincerity, they resorted to the bitterest condemnation of their former principles and associates. The most malignant libellers of federal men and of federal measures, were those who had been federalists themselves. Sustained by the salaries of office, and raised by titles above those they had deserted, they could clearly see how base, plotting, and traitorous some of their fellow- citizens were, with whom, but yesterday, they were proud to rank, and most zealous to uphold as worthy patriots. Trace such men through to the end, and how has it fared with them ? • By adroit and timely desertions they may have found, for a while, office and emolument. But, how is it with them, when they come to the searching question, what do my fellow-men think of me? A Caesar, an Augustus, a Napoleon cannot evade this question. The long list of dishonest deserters, which could be furnished, would show that few, in the revolutionary action of party, secured the good they sought ; and that all of them planted a thorn in con science, which never withers, nor ceases to prick. This was one of the practical uses of Mr. Jefferson's " exhortation to harmony and affection in social intercourse." There were instances of departure from the federal side, dis tinguishable from such as have been mentioned, and which did not deserve reproach. There were timid men, who did not en tirely approve of federal views of the national policy ; others, who thought themselves not to have been sufficiently valued and re spected by their federal associates; and some, who were by nature 216 FAMILIAR LETTERS and inclination Jeffersonians, and who originally mistook their side, and very properly went over where they belonged. When one leaves the true line, circumstances force him further and fur ther from it, and he must go over to the adversary finally, as there is no intermediate tenure. But in all cases of such change of opinion, there seems to have been a feeling, not unlike that in political changes of the present day. One, who goes over from the opposition to the Jackson ranks, feels that he has a defence to make ; while one who abandons Jacksonism holds his head up, and feels that he has done an act for which he may respect him self. Thus in politics, as in morals, there is a sense of right and wrong, which men are alive to, whether they admit its influence or not. There are few Jackson men in the United States, (who can pretend to good sense and sound principle,) who do not feel a degree of shame that they are such. It is the disease of republics, that they give life and action to craving, knavish pretenders to integrity and patriotism. They are the humble servants of any power that has anything to be stow. They are incompetent to gain their daily bread in any of the industrious orders of social life ; and must, therefore, be where they can catch the droppings of the treasury. Political chevaliers d'industrie, they are ready to profess and to do anything that promises gain and power. But, such patriots must keep careful reckonings, and make accurate observations. They change their course once too soon or too late, and blunder ; and then all eyes are turned to the course which they have run. The wreck that follows has no one's sympathy or compassion. They learn, too late, that honesty is the best- policy, no less in political, than in common affairs. There is rarely a Talleyrand among them. There is one hope for such men ; that is— if the republic can be converted into despotism, while they happen to be in favor, they may acquire a stability of position in supporting a tyranny, which will support them. Mr. Jefferson's followers have already made some improvements on his theories. They have advanced now to the point, that the ON PUBLIC CHARACTERS. 217 President, no, the man, who has been imposed upon the nation to hold that office, is "The Government." The laws, Congress, the judiciary, the constitution, are all nothing; the man is every thing. How far are we from a political Augustan age ? From the 4th of March, 1801, to the 7th of December, when Congress met, Mr. Jefferson had ample time to consider and de termine, in what manner he would carry his will into effect, so far as legislative aid was thereto indispensable. He lost no time in disclosing, though with his accustomed plausibility, that all the fears which his opponents had entertained as to his policy, foreign and domestic, were to become realities; and that all his dreaded purposes were to be enforced, in the full vigor of official power. It was common, thirty years ago, to charge Mr. Jefferson with deliberate wickedness in his office ; and to consider him as intend ing to disregard all the obligations which honorable, moral men acknowledge. This was, probably, an injustice. It is more reasonable to suppose, that he had either a singular obliquity of perception, as to right and wrong, both as a man and as an officer ; or that he had undergone some strange perversion from that rank of moral agents, to which he was by nature destined. His adversaries made no such apologies for him. They believed that he did wrong, knowing that it was wrong, and because he meant to do wrong. Accordingly they portrayed him in the public prints, at full length. Some of his friends had the indis cretion to introduce some of the sketches to the notice of the House of Representatives in Massachusetts, at the session in January, 1805. The newspaper, in which the commentaries alluded to appeared, was published by the printers of the House. The object of the motion was to have the printers dismissed. It did not succeed. If these delineations of Mr. Jefferson were to go down as authentic proofs of the character of the man, he would fare but indifferently with that cool judgment of posterity, to which he confidently appeals. It is not intended to revive these personal criminations. Whether the assertions so made, were mere calumnies, or truths, modified as they may have been, 19 218 FAMILIAR LETTERS is immaterial to the present American public. His official con duct is most material, not only to the community of this day, but> it is to be feared, that it may be so to every community, which is hereafter to arise in our country. LETTER XL. Juue 30, 1833. Mr. Jefferson's opinions on the Judiciary were among the most mischievous of any which he entertained. He had a rooted dislike to courts; particularly to those which were established at the recommendation of his friend, John Adams, as barriers against such encroachments as Mr. Jefferson was supposed to intend. These courts were not. only constitutionally independent, but the judges, who had been placed therein, were nearly all federalists. If there be anything, which is capable of sustaining popular governments, and keeping th'eir action within legitimate constitu tional boundaries, it is a learned, self-respecting, independent judi ciary. To make the administration of justice, and all questions on the excess of power, dependent on popular excitement, is to assume, that mere human passion is the best arbiter of right and wrong. On this subject, Mr. Jefferson entertained and dissemi nated the most exceptionable doctrines. This seems to have been his theory : The people are the sovereign ; whatsoever they will is the law ; they choose me to declare their will. My will is the law ; because the people's will can be no otherwise disclosed than by ex pressing my own. He seems to have been incapable of conceiv ing, that the people established judicial courts to control all of their own number, who should violate their own laws; and to control their own legislators, if they exceeded the limits of au thority which the people had assigned to them by the constitution. ON PUBLIC CHARACTERS. 219 Much less could he conceive that courts could bind him to do, or could prevent his doing, whatsoever he thought right. This was not turpitude in him, but inability to distinguish between right and wrong, as to the exercise of judicial power. Whether this view of Mr. Jefferson is a correct one or not, may be judged of by the following extracts from his volumes. How many much stronger expressions may have been found therein, if his editor had thought fit to publish all of them, can only be con jectured. "The principal of them (federal leaders) have retreated into the judiciary, as a stronghold, the tenure of which renders it difficult to dislodge them." (Letter to Joel Barlow, March 14, 1801, vol. iii. p. 458.) "The courts being so decidedly federal, and irremovable, it is believed that republican attorneys and marshals, being the doors of entrance into the courts, are indispensably necessary as a shield to the republican part of our fellow-citizens, which, I believe, is the main body of the people." (Letter to W. B. Giles, March 23, 1801, vol. iii. p. 464.) The celebrated Luther Martin was counsel for Burr. Mr. Jef ferson frequently wrote to George Hay, conductor of the prosecu tion, during the trial. In a letter (June 19, 1807, vol. iv. p. 87), he says : " Shall we move to commit Luther Martin, as particeps criminis with Burr? Graybell will fix upon him misprision of treason at least ; and, at any rate, his evidence will put down this unprincipled and impudent federal bull-dog, and add another proof, that the most clamorous defenders of Burr are all his accom plices." This is a picture of Thomas Jefferson, drawn by himself, and presented to the world by one of his own family ! Observe, that it is the chief executive officer of the United States, interposing in a judicial trial, to deprive the accused of counsel, who had no more to do with the crimes charged upon Burr than Jefferson had. " The judiciary of the United States is the subtle corps of sap pers and miners, constantly working under ground, to undermine 220 FAMILIAR LETTERS the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government, to a general and supreme one. This will lay all things at their feet ; and they are too well versed in English law, to forget the maxim, boni judicis est ampliare jurisdictionem. We shall see if they are bold enough to make the stride their five lawyers have lately taken. If they do, then with the editor of our book, in his address to the public, I will say, 'that against this every man should raise his voice;' and more, should lift his arm."* (Letter to T. Ritchie, December, 1820, vol. iv. p. 336.) In 1816, Mr. Jefferson appears to have been asked for an opinion, in a contemplated amendment of the Virginia constitution. He says, (vol. iv. p. 288,) "It has been thought the people are not competent electors of judges learned in the law, but I do not know that this is true; and if doubtful, we should follow the principle. In this, as in many other elections, they would be guided by reputation, which would not err oftener, perhaps, than the present mode of appointment." In page 289, he sums up his theories : " 1. General suffrage. 2. Equal representation in the legislature. 3. An executive chosen by the people. 4. Judges elective or amovable. 5. Justices, jurors and sheriffs elective." These were opinions on the judiciary, not to be wondered at in a man, who thought a rebellion, once in twenty years, a useful political occurrence. Such, however, were his opinions, after an experience in political life, prolonged through half a century. It has already been noticed, that when he had come into office, he assumed to pronounce laws, constitutionally enacted, and which had been pronounced by the highest judicial tribunal to be laws, absolutely void, because they had not his approbation. Mr. Jef ferson was as much bound by laws which he disliked, as by any other laws, which he had sworn to execute. Thus, it was his. opinion, that an act of the two branches of Congress, approved * It is not recollected what Mr. Jefferson here refers to; either as to "five law yers" or as to "our book." ON PUBLIC CHARACTERS. 221 by the President, and decided by the Supreme Court to be con stitutional, could be defeated by one man who happened to be raised to the executive power. LETTER XLI. July 7, 1833. When Congress met in December, 1801, Mr. Jefferson's mes sage, (for he chose to depart from the federal practice of going to meet Congress and making a speech, and because a speech may be answered, and a message cannot,) suggested a revision of all federal measures, and an abrogation of them, so far as they were within congressional reach. This was done in his own plausible manner. He had a subservient Congress, who needed only to know what he thought was right, to think it so themselves. He suggested the repeal of taxes, the reduction of the diplomatic corps, the hauling up of the navy, the abolition of offices, and revision of the judiciary system. The last suggestion was intend ed to get at John Adams' "midnight judges" in their "strong hold." He says, in his message, that he had sent into every state to inquire into the whole number of causes tried since the insti tution of the national government, and should submit the result of his inquiries ; as though the number of suits was the measure of utility and necessity of the existing organization. In this session a bill was introduced to repeal the recent law re-organizing the courts. While this bill was under discussion, the highly respectable professional gentlemen of Philadelphia sent a memorial to Con gress, in which they disclaimed all interference of a political na ture, but begged leave to state facts within their own experience. Among other things they said : "That under the former law the 19* £" 222 FAMILIAR LETTERS greatest inconveniences were experienced by the court, the bar and the suitors. That the judges were constantly engaged in traversing the states, with little opportunity for reflection or repose. Judges presided in states, the laws, usages, and practices of which were essentially different from those in which they were educated ; and without adverting to the casualties of indisposition and wea ther, the inevitable consequences of the late system were embar rassment, uncertainty and delay." These gentlemen then go on to pronounce the highest eulogium on the new judges in their own circuit; the increased confidence in this tribunal, &c, "promises to render the court an honor and a benefit to the nation." They conclude by declaring that "the abolition of the court will pro bably be attended with great public inconvenience." This me morial was signed by thirty-seven persons, the first in age and eminence; and among others by Joseph B. M'Kean and A. J. Dallas, well known as two devoted friends of Mr. Jefferson. In the debate on this bill, the two great champions were James A. Bayard and William B. Giles. The former maintained with eminent ability, that Congress had not the power to deprive the judges of their stations by the indirect course of repealing the law under which they were appointed. But the day of Jeffer- sonian dominion had come. The question of constitutionality and of expediency was insignificant, when opposed to the Presi dent's pleasure. The courts were abolished, and Mr. Jefferson had the gratification of signing a law, which expelled the federal judges from their "stronghold," and of seeing them all reduced to the rank of private citizens. The real evil in this matter is, that an example was thus given of the facility with which the judiciary may be subjected to the will of a party; this was in perfect accordance with Mr. Jefferson's notions of propriety. Some praise is due to Mr. Jefferson for not having demolished the Supreme Court as well as the Circuit Courts, that he might have routed Chief Justice Marshall, as to whom his volumes contain no equivocal opinion. This he might have done as legally as that which was done. ON PUBLIC CHARACTERS. 223 It cannot be too often brought to view, that the excellence of our government, in comparison with any ever before known, is that, while popular and elective, it has a power intended to con trol other branches, when they transcend their powers. Demolish this branch, and the union of the two others would make a more terrible despotism than any one man can exercise, because it would be despotism with all the force of law. We have already seen a near approach to this, as we shall have occasion to notice in considering the embargo laws. It is true that the sovereign people may arrest such a combination by the right of election. But such combination arises from perversion of public opinion, and holds its supremacy by relying on that perversion. In such case, the slow, though sure process of the judiciary is the only remedy. Is it not surprising, that a vigilant and jealous com munity should not so understand the meaning of its own delibe rately adopted constitution ? Ought we not rather to wonder that our nation has preserved its republican forms so long, when such a man as Mr. Jefferson, construing the constitution as he did, was so long the popular idol ? The power of party is fearfully illus trated by the fact, that there are so many men in this country, and in high stations too, who cannot be ignorant of the destructive tendency of Mr. Jefferson's doctrines, who nevertheless quote them as authorities. Mr. Jefferson may not have intended to abolish the Supreme Court; he does not appear to have attempted it. It is not known, from his volumes, that he took any part in the effort to remove the judges of that court. In the memorable trial, presently to be mentioned, it is not apparent from anything published, that he therein interested himself, excepting that he somewhere remarks, "the farce of impeachment will not be tried again." But as Judge Chase was impeached for his conduct in trying a citizen for the breach of a law, of which Mr. Jefferson had recommended a repeal ; and for his conduct in trying James Thompson Callen der, (that man of science whom Mr. Jefferson befriended,) for the breach of a law which Mr. Jefferson adjudged to be unconstitu- 224 FAMILIAR LETTERS tional and void, it is probable that the prosecution of Judge Chase had, at least, his entire approbation. If this magistrate could have been sacrificed, there would have been little difficulty in removing other obnoxious judges. Their seats would have been filled by men, who would have had an eye to executive pleasure, however they might have seemed to the people. This would have been better suited to Mr. Jefferson's purpose, than an abolition of the court, which he cannot be supposed to have de sired. The trial of Judge Chase is one of the most remarkable events in the history of our country, whether considered in relation to the accused, to the character of the accusation, the members of the court before which the trial was had, or the motives and labors of those who conducted the defence ; remarkable, indeed, that the person who presided at the trial (Burr) was then under indictment for murder, and was two years afterwards prosecuted by Mr. Jef ferson, and arraigned and tried on the charge of treason ; but not remarkable that Mr. Jefferson hoped to make out a sufficient cause for impeaching the presiding judge, at the latter trial. Samuel Chase was born in Maryland. He was at the head of the patriot party in that state, during the revolutionary days. He was a signer of the declaration of independence. But he was a federalist. At the time of the trial on impeachment before the Senate, he was nearly sixty-four years old, and much impaired in bodily strength. In his full vigor, he was a man of Herculean frame and vigorous mind ; a learned and honest man no doubt, but not of courteous manners on the bench.* In preparation for the expected hostilities with France, in Mr. Adams' time, a law was passed in July, 1798, for a valuation of An anecdote of Judge Chase is remembered, as told by one who was present on the occasion, and which is related here, to give some idea ofthe manners of this gentleman in private life. During the winter of 1795-6, a large dinner-party was given to the Judge by Mr. Bingham, at his residence in Third Street, Philadelphia, now the Mansion House- Judge Chase was placed at the right hand of his hostess. Upon taking his seat at ON PUBLIC CHARACTERS. 225 houses, lands and slaves ; and in the same month, another act was passed, for assessing a direct tax, in conformity to such valu ation. In February and March following, an insurrection oc curred in the western part of Pennsylvania, to resist the execution of these laws. Among the insurgents was John Fries. This man was tried before Judge Paterson, in April following, at Phil adelphia. The fact of resisting the execution of the law was clearly proved. The defence was: "to resist by force of arms a particular law ofthe United States, does not amount to 'levying war' against the United States, within the true meaning of the constitution, and therefore is not treason, but a riot only." Judge Paterson and Judge Peters, (district judge,) held such resistance to be treason. A new trial was had, not on account of erroneous opinion on the law, but because a juror had expressed, before he was sworn on the trial, an opinion unfavorable to the accused. In April, 1800, Fries was again tried. Before the trial, Judge Chase put his opinion of the law in writing; which was in con formity with that of Judge Paterson. This opinion he caused to be copied, one copy for the counsel of Fries, one for the attorney for the United States, and one was intended to be given to the jury when they retired, and to be carried out by them and used in their deliberations in finding a verdict. the table, he adjusted his spectacles to scan the superb repast spread before him, but which, unfortunately for him, had been prepared by a French cook. Having searched in vain for some familiar dish, he turned to the lady of the house ; " very pretty dinner, Madam, but there is not a thing on your table I can eat." With her habitual presence of mind and urbanity of manner, the accomplished Mrs. Bing ham inquired of her guest whether she could procure anything suitable to his tastes. "A beef-steak, or a piece of roast-beef, Madam," rephed the judge, "would please me better than anything else." A servant was immediately called, a word whis pered in his ear, whereupon he vanished ; very soon afterwards this servant reap peared, bearing with him a dish of roast-beef, which the Judge attacked with vigor and appetite, washing it down with a couple of bottles of brown-stout, in lieu of French wines. Having concluded his labors, he turned to his hostess, and with a satisfied air, exclaimed : " There, Madam, I have made a sensible, and an excellent dinner, but no thanks to your French cook I" 226 FAMILIAR LETTERS When Fries was brought in for trial, and before the jury were sworn, the judge informed his counsel that he had put this opinion in writing, to show what the meaning of "levying war," according to the constitution, was understood by the court to be. Mr. Lewis and Mr. Dallas, counsel for Fries, notwithstanding Judge Chase informed them, that they would be permitted to offer arguments to the court to show them that they were mi.staken in the law, said, that they did not any longer consider themselves as counsel for the prisoner. The prisoner was asked, whether the court should appoint other counsel; and he declined having any. The trial proceeded without counsel, Fries having challenged thirty- four jurors. He was convicted and sentenced, and afterwards pardoned by President Adams. This transaction was one ground of impeachment. The trial of J. T. Callender occurred in the month of May, 1800, at Richmond. The ground of impeachment, in this case, was the alleged illegal and oppressive conduct of the judge. The charges against Callender were for expressions in his " Prospect before Us," concerning John Adams, some of which have been noticed in a former page.* A minute examination would require more space than this subject is now worth. The impeachment was drawn up, in relation to this trial, with extreme particularity, and with all the bitterness of malignant party spirit. * See page 162. ON PUBLIC CHARACTERS. 227 LETTER XLII. July 10, 1833. In January, 1804, John Randolph, jr., moved the impeachment against Judge Chase, which was carried about two to one ; but it was not prosecuted until the following session, in November. On the 2d of January, 1805, Judge Chase appeared before the Sen ate, and the 4th of February was assigned for his trial. The Senate Chamber was fitted up in an appropriate manner, and with places for various official dignitaries. The accused appeared with Luther Martin, R. G. Harper, and Joseph Hopkinson, as his counsel. The managers, on the part of the House, were Messrs. Randolph, Rodney, Nicholson, Clark, Campbell, Boyle and Early. The pleas and answer took nearly four hours in the reading; the Judge read the introductory part, Mr. Harper then read more than an hour, Mr. Hopkinson continued the reading two hours, and the accused read the concluding part, in the most solemn and im pressive manner. This able and eloquent answer was in itself a complete refutation of the criminality of the charges. The prose cution was not considered, at the time, to have been so ably as malignantly conducted, so far as party feeling was involved. But the counsel of Judge Chase did themselves the highest honor, as lawyers, as men of kind feelings, as gentlemen and as orators. Mr. Hopkinson, though then a young man, acquired for himself an exalted reputation. The two other counsel had long been of established fame. The trial lasted until the first of March, when the Judge was acquitted. The whole number of Senators was thirty-four. Two-thirds of the whole must have concurred in a conviction. To what extent it was merely a political experiment may be judged of by the answer to the question, Is the accused guilty, or not guilty? There were eight distinct charges. The 228 FAMILIAR LETTERS federalists, viz.— Mr. J. Q. Adams* Mass. ; Mr. Bayard, Del. ; Mr. Bradley, Vt. ; Mr. Dayton, N. J. ; Mr. Hillhouse, Conn. ; Mr. Mitchell, N. Y.; Mr. Olcott, Vt. ; Mr. Pickering, Mass.; Mr. Plumer, N. H. ; Mr. Smith, Va. ; Mr. Smith, N. Y. ; Mr. Smith, Ohio; Mr. Tracy, Conn.; Mr. White, Del., voted not guilty, on all the charges; so also did Mr. Gaillard, S. C, who is not sup posed to have been a federalist.! Those who answered that Judge Chase was guilty, on some of the charges, and who are supposed to have been all Jeffersonians, were the following: Messrs. Anderson, Baldwin, Brackenridge, Brown, Cocke, Condit, Ellery, Franklin, Giles, Howland, Jackson, Logan, Maclay, Moore, Samuel Smith, Stone, Sumpter, Worthington, Wright. The an swers of the latter class were very much varied ; no one con sidered the accused as guilty on all the charges. So this experi ment to subject the judiciary to the executive and legislative departments failed in this instance, if such was the design. This trial may be considered under different aspects. The President, the judges, and other civil officers may be guilty of high crimes and misdemeanors, in their official stations, and some provision must exist for their removal, and disqualification to hold office in future. This provision may be righteously, or oppres sively carried into effect. To what end it was applied, in this instance, all may judge from the circumstances of the case, and from the temper of the prosecution. * This trial occurred before Mr. Adams had changed his opinions as to the fede ral party. t This is an error; and in justice to the author, who would have rectified any misstatement of this kind most willingly, this error is corrected. This vote was not a mere party vote, although it has often been so represented, and it is due to the memory of Judge Chase to say so. Among those claimed above as Federalists, and who voted "not guilty," are Bradley of Vt.; Mitchell of N. Y.; Smith of N. Y.; and Smith of Va., (this should be Vt. ;) all of whom were Democrats, and never had anv pretensions to be considered Federalists; Smith of Ohio, may have been a fede ralist, but it is uncertain.— The above, together with the Federalists named, voted "not .guilty" on all the charges, and so did a majority of the Senate on all charges excepting one. ON PUBLIC CHARACTERS. 229 The acts, charged as crimes, were done nearly five years before the trial, and during the federal administration. The accusation was made in a House of Representatives, of which two-thirds of its members were there, because they were opponents of that administration. The accusation was to be heard and tried in a tribunal, a large majority of whose members were of the same po litical cast. There was an expectation that the accused could not escape a judgment of condemnation. It is a disheartening truth, that, in the best of governments which men have invented, the malignity of passion may assume all the attributes of impartial justice; and that the promptings of personal hostility may infuse a spirit into a body of men, which impels them to do, in their official stations, such acts as each one of them alone would be ashamed to do. That which is still more disheartening is, that, as this country grows older, and as its population increases, and its parties become more and more embittered, those who submit, through ignorance or fraud, to the influence of party delusion, will avail themselves of the constitutional machinery, to remove and to crush political adversaries. In all such painful forebodings, it is impossible to free one's self from the belief, that Mr. Jeffer son, whether he so intended to do or not, has, by his example and his opinions, done more than any other man to mislead and per vert his fellow-citizens. His theories of social union and gov ernment were irrational and impracticable. He substituted mere popular impulse, which cunning men can make to be what they will, for the enlightened and honest application of abstract rules. Popular election, really intended to be the protective power which the people have reserved to themselves, was converted by him into the dangerous engine, by which the people themselves may be enslaved, and made to rejoice in their own chains, since it is their own act which puts them on. There are numerous instances in proof that this may be so. To say nothing of events in the decline of the Roman republic, there are proofs enough in the re cent history of France. At this day, the President of the United States is sustained in his views of constitutional power by the popu- 20 230 FAMILIAR LETTERS lar will. That will is none other than his own. It makes no differ ence, whether a majority stand ready to ratify and applaud all that a president calls right, or whether the popular will is created by such means as Mr. Jefferson was supposed to have organized, and to have bequeathed to his countrymen, as his mode of "bringing back the constitution to its original principles." LETTER XLIII. September 3, 1833. * The great achievement of Mr. Jefferson's first four years, was the purchase of Louisiana. This country had belonged, in early days, to the French, whence its name. It was afterwards ceded to Spain, with the Floridas; thus there was a territory, which stretched across the Mississippi, and extended southwardly to the ocean, in the possession of a foreign power. In Washington's time, (October 27th, 1795,) a treaty was made with Spain, where by this right was secured : "His Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandize and effects in the port of New Orleans, and export them from thence, without paying any other duty than a fair price for the hire of stores ; and his majesty either promises to continue this permission, &c, or if he should not agree to continue it there, he will assign to them, on another part of the banks of the Mississippi, an equivalent establishment." In the same year, 1795, a treaty, offensive and defensive, had been made between France and Spain. In 1801 and 1802, the Spaniards, under the influence of France, committed the most offensive aggressions, wherever they came in contact with Ameri can shipping or citizens. They captured and carried into their ports more than 130 American vessels ; seized and imprisoned* ON PUBLIC CHARACTERS. 231 the American consul at a port in the island of Cuba ; and as early as October, 1802, Morales, Intendant of Louisiana, gave notice, that American citizens would no longer be permitted to deposit their goods at New Orleans ; nor was any " equivalent establish ment" assigned. These wrongs, on the part of Spain, were well known to Mr. Jefferson long before the meeting of Congress in December of this year, 1802. But the message was entirely .si lent concerning all Spanish aggressions. In January, 1803, the House of Representatives called on the executive for information, and the fact of the interruption of the right of deposit was com municated; and, at the same time, a secret message was sent, and debated with closed doors. This message is too long to be copied, and is not worth the labor. It shows only the sort of policy pursued by Mr. Jefferson, which must be apparent on many other occasions. On demanding of Spain to redress this wrong, and to comply with the treaty stipulation, the American minister was informed, that Louisiana had been ceded to France. Mr. Jefferson then undertook, without consulting Congress, to purchase Louisiana of France for fifteen millions of dollars ; and to incorporate its in habitants with those of the United States. The people of that country were a mixture of Spaniards and Frenchmen, in number about two hundred and fifty thousand. The time taken for this measure was during the peace of Amiens, as it was called, which lasted from March, 1802, to the 17th of May, 1803. The pur chase was concluded in April, 1803. On the 13th of March, Napoleon announced, at an audience of foreign ministers, the approaching rupture with England. This was a perilous and extraordinary assumption of power ; and was most seriously condemned, on principle, by all the oppo nents of the administration. Mr. Jefferson admitted, that he had no constitutional right to make this purchase. It was said, at the time, that one object was to aid France ; the other, to escape the responsibility of asserting the rights of the United States by force. The federal party were reproached for their opposition to this 232 FAMILIAR LETTERS wise measure ; but if the subject be viewed as it then appeared, they were clearly right. 1. The title of France was contingent. The treaty of Spain and France provided, that if the Duke of Parma, son-in-law of the King of Spain, were made King of Etruria, that within six months afterwards, Louisiana should he ceded to France. Of course, the title was to be made. 2. The boundaries of Louisiana were left undefined, furnishing thereby a cause of future contentions. 3. The promise of a title was fraudulently obtained from Spain, by the ministry of Godoy, whose acts Spain might, at some future day, disavow. 4. The French subjects of Louisiana could, and would, probably, have made any treatment of them by the United States, a sufficient claim to the interposition of Bonaparte to protect them. 5. The patronage acquired by the President over this territory was little short of a royal authority. 6. There was a provision, that the inhabitants of Louisiana should be citizens of the United States. It would have required an amendment of the constitution to make them such, which amendment was never made nor proposed. 7. Louis iana was then not in possession of France, but of Spain; and the treaty of purchase itself provides, that a French commissioner should go out to receive possession from the Spanish officers, and make a delivery to the United States. These (and many more objections might be stated) were very sufficient grounds to the opposition, to say nothing of the price, alleged bribery, and hurry of the transaction. At the time of signing the treaty, it was well known that war between France and England was inevitable, that the bargain must be forthwith made, or that the opportunity of favoring France would be lost. Within twenty days hostilities were renewed. This diplomatic operation has proved to be far more advan tageous to the United States, than there was any ground even to hope for, thirty years ago. The fears then entertained, have dis appeared in the changes which have occurred in the power, and in the probable designs both of France and Spain, in relation to this country. And also, that whatever Mr. Jefferson's motives ON PUBLIC CHARACTERS. 233 may have been, and however assuming to make this purchase, it was certainly better to have made it, and in whole, than to have had either a Spanish or French colony on the banks of the Mis sissippi. Thus, Mr. Jefferson was so fortunate as to find, that an act which would have called for an impeachment under some cir cumstances, is now regarded as the most meritorious of his public life. It will be seen, hereafter, how well founded the apprehen sions of Mr. Jefferson's opponents were. With respect to the sum, (fifteen millions,) it was probably thrice as much as needed to have been given ; because Bonaparte knew, at the time of the purchase, that on renewal of the war, the whole country of Louis iana would be taken possession of by the British ; and would consequently be lost both to France and Spain. Mr. Jefferson's merits in this purchase are not to be estimated by the subsequent turn of affairs in Europe, as to France and Spain, which no one foresaw or imagined; and least of all men should Mr. Jefferson applaud himself, since he wished and believed that Bonaparte would subdue England, instead of being subdued and exiled himself. If Mr. Jefferson's ardent wishes had been realized, the people of the United States would have regretted the expenditure of their millions, which would have become necessary in defence against the man to whom they were given. In fact, this brilliant achievement was a humiliating, degrading policy in itself, and should be the least of all Mr. Jefferson's claims to an honorable fame, notwithstanding it has proved, so far as can now be discerned, a useful measure, excepting in the amount which it cost. The worshipers of Mr. Jefferson (see July No., 1834, of North American Review) vaunt of the purchase of Louisiana, as though Mr. Jefferson foresaw, and intended to provide for the existence of a great commercial city on the banks of the Mississippi. Mr. Jefferson's opinions on commerce and cities are better ascertained than any others which he had. It is assertion in the face of Mr. Jefferson's own declarations, that he wished to promote any of the benefits which have arisen from this purchase. The evidence is 20* 234 FAMILIAR LETTERS irresistible, that he was governed by that policy which character izes timid and irresolute men, who are always among the bravest, where there is no danger. He seems to have wished to have Napoleon successful, and yet to have dreaded the consequences of that success. He wished to have England conquered, yet feared the "Republican Emperor" would not stop at that con quest. He relieved himself by giving whatsoever the Emperor demanded.* * " And what is to be our security, that when embarked for her (England) in the war, she will not make a separate peace and leave us in the lurch ? Her good faith ! The faith of a nation of Mebchas ts ! The Punica fides of modern Car thage !" (Jefferson to Governor John Langdon, [who was himself a merchant,] vol. iv., p. 146.) " And have our commercial citizens merited from their country the encountering another war to protect their gambling enterprises?" (Jefferson to John Adams, June 10, 1815, vol. iv., p. 262.) " The proportion, which the aggregate of other classes of citizens bears, in any state, to that of its husbandmen, is the proportion of its unsound to its healthy parts ; and is a good enough barometer, whereby to measure its degree of cor ruption." "The mobs of great cities add just so much to the support of pure government, as sores do to the strength of the human body." (Jefferson's 'Notes on Virginia, pp. 240, 241.) " Our commercial dashers, then, have already cost us so many thousand lives, so many millions of dollars more than their persons and all their commerce were worth." (Jefferson to W. H. Crawford, June 20, 1816, vol. iv., p. 284.) " A republican emperor, from his affection to republics, independent of motives of expediency, must 3grant to us the Cyclops' boon of being the last devoured." (Jef ferson to Langdon, March 5, 1810, vol. iv.,p. 145.) ON PUBLIC CHARACTERS. 235 LETTER XLIV. September 7, 1S33. Among the best legislative acts of John Adams's presidency, was the law for regulating the admission of aliens to citizenship. It is not enough that this country opens its ports to all men, where soever born, and howsoever educated ; and whether educated or not ; and secures to them protection of person and property. Is it right and just, relatively to our own citizens, to confer on aliens an equal share in the sovereignty, after a short residence, whether such aliens do, or do not know anything of the institutions of this country? Whether Mr. Jefferson considered the restrictive pro visions of the recent law inexpedient in themselves; or whether he included that law in his general condemnation of all federal measures, merely because they were such, is doubtful. If the former, his policy was erroneous ; if the latter, it was only charac teristic. No country but the United States ever adopted (it is believed) such a policy. Its operation in some of the maritime cities is felt to be a serious evil, whatever it may be in the new states. Even the latter hare derived no benefit from it, compared with its disadvantages. Impolitic as it may be, it is one of the evils which Mr. Jefferson has sanctioned; and there is little hope now, that it will ever be removed, by returning to the wise provi sions of the law of which Mr. Jefferson recommended the repeal. As the law is now construed, any alien who makes a previous declaration of two years' standing, in certain courts, of inten tion to become a citizen, may become such, with some ceremonies easily accomplished. In proposing the repeal of the naturalization law, as it had been recently amended, as a federal measure, Mr. Jefferson in his mes sage of December, 1802, uses these words: "I cannot omit recommending a revisal of the laws on the 236 FAMILIAR LETTERS subject of naturalization. Considering the ordinary chances of human life, a denial of citizenship under a residence of fourteen years, is a denial to a great proportion of those who ask for it; and controls a policy pursued from their first settlement, by many of these states, and still believed of consequence to their posterity. And shall we refuse to the unhappy fugitives from distress that hospitality, which the savages of the wilderness extended to our fathers arriving in this land ? Shall oppressed humanity find no asylum on this globe ? The constitution, indeed, has wisely pro vided that, for admission to certain offices of important trust, a residence shall be required sufficient to develop character and design. But might not the general character and capabilities of a citizen be safely communicated to every one manifesting a bona fide purpose of embarking his life and fortunes permanently with us? With restrictions, perhaps, to guard against the fraudulent usurpation of our flag; an abuse which brings so much embarrass ment and loss on the genuine citizen, and so much danger to the nation of being involved in war, that no endeavor should be spared to detect and suppress it." This is a genuine Jeffersonian paragraph. Is it to be most ad mired for its clearness in communicating the writer's thoughts; for its elegance of expression ; for its sound policy ; for its paternal care of the American flag ; or for its wise precaution in keeping the nation from war, to protect aliens? Every benefit that Mr. Jefferson desired for aliens, they had, as the law was when this message was sent, except the right of voting and of holding real estate. Alienage is not a bar to purchasing, and holding, and alienating real estate ; though it is to transmitting it to heirs. In some states, aliens may hold real property for all purposes for which a native citizen may hold it. Mr. Jefferson must have de sired, therefore, principally to vest in them the right of suffrage, which is a very interesting point to native citizens, considering the great number of foreigners "arriving in this land." There have been some arguments against such a policy; and among others, these : ON PUBLIC CHARACTERS. 237 "It is for the happiness of those united in society to harmonize, as much as possible, in matters which they must of necessity trans act together. Civil government being for the sole object of forming societies, its administration must be conducted by common con sent. Every species of government has its specific principles. Ours are more peculiar, perhaps, than those of any other in the universe. It is a composition of the freest principles of the Eng lish constitution, with others derived from natural right and natural reason. To these nothing can be more opposed than the maxiins of absolute monarchies. Yet from such we are to expect the greatest number of emigrants. They will bring with them the principles of the government they leave, imbibed in their early youth; or, if able to throw them off, it will be in exchange for an unbounded licentiousness, passing, as is usual, from one extreme to another. It would be a miracle were they to stop precisely at the point of temperate liberty. In proportion to their numbers, they will share with us the legislation. Suppose twenty millions of republican Americans thrown all of a sudden into France, what would be the condition of that kingdom ? If it would be more turbulent, less happy, less strong, we may believe that the addition of half a million of foreigners to our present numbers would pro duce a similar effect here." This is Mr. Jefferson's own argument, taken from his "Notes on Virginia," pages 125, 126. Probably it was enough to change his views, that the recent naturalization law had been made by federalists. If not, sufficient reasons may be found in the policy, disclosed in his administration, with respect to England; and plainly descernible in his message on naturalization. While it is readily admitted, that every department of industry, the bar, diplomacy, legislation, and even the bench, has had orna ments of transatlantic origin, which are honorable to the country, yet the most expansive philanthropy cannot embrace all the human beings which Europe throws forth, to the extent of con ferring on them, (almost at the moment of arrival,) a participation in political sovereignty. It is right to give to a stranger kindness 238 FAMILIAR LETTERS and hospitality, as long as he is worthy of them ; but it is the excess of folly to allow him an equal voice in the government of the family, and a claim to share the inheritance in common with its members. If Mr. Jefferson had done no other ill-advised act, than thus throwing open the avenue to citizenship, it would be enough to deprive him of all consideration as a far-sighted, patri otic statesman. If there could be a discrimination between such aliens as would understand and value our institutions, and those who cannot, or who do understand only to pervert them, naturalization might be useful both to aliens and the country. There can be but one rule for all; and the country is in no such want of population as to apply that rule to its own injury. It may happen that some good citizens are excluded by such a rule as that adopted in Mr. Adams's time, but this weighs nothing against the evil of indiscriminate admission.* LETTER XLV. September 11, 1833. A navy is indispensable to a commercial country, and to no one more than to the United States. It now has the unqualified confidence and respect of the whole nation. Washington began it in fact, whoever may contend for the honor of originating the establishment. In Mr. Adams's time, it attained to some celebrity, and was growing in respect and confidence. What sort of a navy * The majority of the city of New York, it is said, indicates the majority of the state ; and this, the majority of the nation. What would have been the majority in that city, for years past, if Thomas Jefferson had not asked of Congress to repeal the law made in John Adams's time? And what connection had this matter with the election of Andrew Jackson ? ON PUBLIC CHARACTERS. 239 was it ? Such as other commercial nations have established and ever must establish, to meet the naval force of any other country. It consisted of ships, well armed, officered, manned and dis ciplined. One of the earliest built ships is still the pride of the nation ("Old Ironsides"). Now what did the economical and philosophic Mr. Jefferson think it best for this commercial country to do with this infant navy ? He recommended its reduction, and would, probably, have been glad to see it annihilated. There is no way of knowing, from what Mr. Jefferson said, what he really intended, so far as his " messages" expressed his meaning. When he came into power, there were fifteen frigates and twelve smaller ships. The former were immediately reduced to nine and the latter to two. Instead of such vessels of war as other maritime nations have, he substituted a quantity of gun boats, which were fit for nothing but to destroy the lives of those who attempted to navigate them. A small boat with one great gun mounted on its bow, was well adapted to roll over in a heavy sea; and so it proved on actual experiment, and Mr. Jefferson's gun-boats have long been abandoned ; and even he seems to have been convinced of the folly of the invention. He says himself, " This species of naval armament can have little effect towards protecting our com merce in the open seas, even upon our own coasts." This was an unexpected concession, and could have been drawn forth only by the truth, reluctantly admitted, that fifty such boats were so many egg-shells against a fifty-gun ship. In the " open sea" they were useless, and if good for anything anywhere, it could only be in shallow water, where no enemy's vessel could come. Then as to the economy of this armament. It appears from the official report of Mr. P. Hamilton, Secretary of the Treasury, soon after Mr. Madison came to the presidency— That the frigate President of 56 guns, cost $221,000 Fifty-six gun-boats, would cost 496,000 Annual expense of a 56 gun-frigate 120,000 Annual expense of 56 gun-boats 655,200 Balance against gun-boats 535,200 240 FAMILIAR LETTERS Each gun in a frigate is supposed to be maintained at an annual expense of $ 2,142 Each gun, in a gun-boat, at an annual cost of 11,700 This gun-boat scheme is a fair illustration of the utility and economy of Mr. Jefferson's administration. This sort of " arma ment," if such it can be called, seems to have been authorized by act of Congress in 1803. Mr. Jefferson kept it up during his presidency. It disappeared soon after his retirement. It is not distinctly remembered, after the lapse of nearly thirty years, how Mr. Jefferson's eulogists considered this exploit of the gun-boats ; nor whether they applauded Mr. Jefferson for his ingenuity in devising means for conquering the enemies of the country, or of defending it against their attempts at conquest ; nor whether they applauded him for his tenderness in guarding the money taken from "the mouth of labor;" o"r only for his philoso phy. But this is remembered, that among those who were ofhis party it was always certain, that a federal President could not do right, and that Mr. Jefferson could not do wrong. LETTER XLVI. September 15, 1833. Louisiana having been purchased, a question soon arose as to boundaries ; no other description being given in the treaty, than that the territory purchased was that which France held before Spain acquired it. Mr. Jefferson considered this to mean an extent of country eastwardly from the Mis,sissippi to the bay of Perdido. Spain, then holding Florida, insisted that the limit was the river Iberville ; thus cutting off about 30,000 square miles. This disputed territory had already been made a collection district by act of Congress. When Spain denied the claim of the United ON PUBLIC CHARACTERS. 241 States and forcibly expelled American citizens from this territory, Bonaparte was applied to for an explanation. He answered, that France had no right beyond the Iberville, and, consequently, could not mean to sell any. Spain, displeased with the cession to the United States, refused to treat, insisting that the Iberville was the boundary. While affairs were in this condition, two re markable events occurred, the Miranda expedition and the be ginning of Burr's proceedings in the west. Both these affairs are very extraordinary in their details, but cannot be followed out in these sketches, further than may be necessary to show the charac ter of Mr. Jefferson's administration. Miranda was the grandson of the governor of Caraccas. He was in France in the early part of the revolution, and went through a variety of fortune, as a military officer in the French service, and as a persecuted individual, as successive factions arose. In 1806, he devoted himself to emancipate South America ; and knowing of the hostile spirit which had arisen between Spain and the United States, he came hither in the hope of advancing his project. He openly fitted out and armed a ship called the Lean der, in the port of New York. Several Americans having, or supposing they had the assent, or approbation of the government ofthe United States, aided Miranda in this expedition; and a number of young men of respectable connections embarked on board the Leander, and departed with Miranda, all which was supposed to be well known at Washington, as no secret was made of the purpose of Miranda. The following is copied from a volume, entitled "Memoirs of Thomas Jefferson." Whether the facts therein stated are true, or not, must be judged of from other facts which are not disputa ble. Miranda, " in December, 1805, went to Washington, where he had an interview with Mr. Madison, the Secretary of State, and laid before him and the President a plan of an expedition against the Caraccas. He showed them letters from friends in that country, which went to prove, at least, the great probability of success ; and unfolded to them a plan of the government, which 21 242 FAMILIAR LETTERS he meant to establish in those provinces. The President atten tively perused and considered the plan ; kept it twenty-four hours, and then returned it to the General (Miranda), with expressions of much approbation. Miranda urged the co-operation of the American government. Mr. Madison replied, that Congress did not approve of going to war with Spain. Miranda replied, that though government should not be disposed to aid him, he would carry the plan into execution himself, provided they would not interfere with his preparations, to which the Secretary made answer, that provided Miranda proceeded with proper precaution, so as not to commit them, the government would shut their eyes upon the matter. With this assurance Miranda returned to New York to make preparations." There is some probability of the truth of this account from the fact, that Colonel William S. Smith, son-in-law to John Adams, was made acquainted with the design, and permitted his son, William Steuben Smith, to accompany Miranda. Mr. Samuel G. Ogden furnished Miranda with the ship Leander, to proceed to the town of Caraccas, and to land him there, or as near thereto as might be. Miranda carried out 180 men, large quantities of military stores, two printing presses, and a number of journeymen printers. All this was conducted so openly, as to be a subject of common conversation. The ship was regularly cleared at the custom-house, and remained several days afterwards in port, to increase the number of men. All this, with the exception of Miranda himself, and, perhaps, a very few others, was American. The Leander sailed early in 1806. On the 1st of March, 1806, Colonel Smith and Mr. Ogden were arrested on a warrant of Judge Tallmadge, and being brought before him, each was informed, that he was called on to give evidence against the other. Questions were propounded, and these gentlemen were threatened with imprisonment, if they did not answer. Finding this consequence inevitable, they made and signed a written declaration of what they knew. A most re markable prosecution was carried on against these two men by a ON PUBLIC CHARACTERS. 243 JefFersonian judge ; all of which may now be seen of record; but when it came to the opinion of a jury, they were honorably acquit ted. One would like to know what Mr. Jefferson and Mr. Madi son had to do with this prosecution ; what motives they had for countenancing this expedition of the Leander up to the hour of her departure ; and then turning upon Smith and Ogden, to sacri fice them in the forms of a judicial process. May it not have been for two purposes? first, to have all the mischief done to Spain which Miranda contemplated ? and, secondly, to exculpate them selves, if Spain or France should complain ? If such were the motives, what name should be given to such statesmen ? The end of this expedition was unfortunate enough for those who engaged in it. They were taken, and most of them ended their hves in Spanish dungeons. The gallant and accomplished Mi randa was sent to Spain, and confined in the dungeons of the Inquisition at Cadiz, where he died at the end of four years. He was called "the earliest martyr of freedom in Spanish America." As to "Burr's conspiracy," this unfortunate man, on leaving the vice-presidency, in 1805, became a wanderer. He appeared in the western states, in the course of that year; and there attempted to carry into effect some designs, but precisely of what character is not certain. It may be, that he calculated on a war with Spain, and intended to advance his own inte rests under the supposed approbation of the administration, as Miranda did. It may be, that he intended to possess himself of Mexico; or, perhaps, to plunder New Orleans; or to sever the Union with the aid of Spain, and found a western empire ; per haps he intended, as a last resort, to effect a settlement of lands on the rivar Washita. His purposes do not appear to have been disclosed, so that they can be placed beyond conjecture. What ever his plans may have been, it is certain, that Mr. Jefferson knew, as early as January, 1806, that Mr. Burr was in the western country, and had plans of some sort interesting to the United States. Joseph Hamilton Daveiss, at this time attorney of the United 244 FAMILIAR LETTERS States for the district of Kentucky, published a pamphlet to show what he did to detect Burr. His pamphlet gives copies of the letters which he wrote to Mr. Jefferson, in the months of January and February of that year. In these letters, Daveiss discloses a very intimate connection between the celebrated General Wilkin son (Mr. Jefferson's military chief at New Orleans) and Mr. Burr. He also mentions, that two men of distinction in the western country were under an annual stipend to promote the views of Spain. It seems to have been intended by Spain, to detach all the country west of the mountains from the United States, a very natural consequence of the purchase of Louisiana. The first letter of Daveiss is dated the 10th of January, 1806. The first acknowledgment of it by Mr. Jefferson is dated the 15th of February following. Although Mr. Daveiss appears to have devoted himself most faithfully to the investigation of the designs going on in the western country, and wrote eight very circum stantial letters to Mr. Jefferson, the next communication from Mr. Jefferson was a short letter under date of September 12, 1806, merely acknowledging the receipt of Mr. Daveiss's dis closures. What motives Mr. Jefferson had for taking no part in defeating Mr. Burr's purposes at an earlier period, can only be conjectured. He might have intended to let Burr, like Miranda, do all the injury to Spain, which he could do, and, in his own time, to disavow these acts, and to have the gratification of punish ing a man, who had dared to be a competitor with him for the presidency. It appears, that towards the close of 1806, Colonel Burr did engage in some expedition to proceed down the Ohio and the the Mississippi ; that he had procured some boats, and that a small number of men were to accompany him. On the night of the 10th of December, 1806, there were assembled at Blannerhasset's Island, in Ohio river, a few men, who had two or three boats, on board of which some arms are said to have been laden. These boats departed that night, and arrived at the mouth of Cumber land river. Burr was not of this party, but descended the Cum- ON PUBLIC CHARACTERS. 245 berland with some boats, and there joined the Blannerhasset party ; and the whole force proceeded down the Ohio, and into the Mis sissippi. The number of boats, after Blannerhasset united with Burr, was said to be not more than eight, and the number of men not exceeding sixty. Before this time Burr had been twice accused hy grand juries in Kentucky ; but there was no sufficient ground to proceed against him. On hearing of the second accusation, he voluntarily presented himself at court and was discharged. An extensive combination had undoubtedly been contemplated ; and in part effected for some purpose. General James Wilkinson, then at New Orleans, was in some way connected with this affair, but in what manner and to what extent seems to be questionable. There was a communication in cipher between him and Burr. The only letter so written seems to have had relation to an inva sion of Spanish territory. It is hardly doubtful whether the ad ministration were ignorant of this. If they were not, it is difficult to account for continued confidence in Wilkinson to the close of his life. Some persons had gone by sea to New Orleans in ex pectation of Burr's arrival, and among others, Mr. Swartwout, of New York, and the famous Dr. Bollman. Whatever the plot may have been, it was entirely defeated. At the time which best suited the purposes of the administration, the western country was awakened; orders were issued to the naval and military force of the United States, to take Burr and his party while de scending the river, and "if it shall become necessary for that pur pose, to destroy his boats." Apprised of these measures, Burr thought proper to be landed somewhere on the shores of the Mis sissippi, and thence found his way to the Tombigbee river, in the Mississippi territory, on the 19th of February, 1807, accompanied by one person. It appears that Burr was in advance of his companion thirty or forty yards, in passing a settlement called Washington Court House, at about eleven o'clock at night. Burr passed on without halting or speaking; but his companion inquired of one standing at the door of a public house for the dwelling of a Major Hinson, 21* 246 FAMILIAR LETTERS and, on being answered, followed Burr. The person inquired of, suspecting the first traveller to be Burr, followed with a sheriff to Hinson's, and there having his suspicions confirmed, went to Fort Stoddard, and obtained a military officer and four soldiers, who took Burr into their custody. He was thence conducted as a prisoner to Richmond, where he arrived towards the close of the month of March. LETTER XL VII. September 21, 1833. On the 30th of March, 1807, George Hay, Esq., Attorney of the United States for Virginia, applied to Chief Justice Marshall to commit Colonel Burr on the charge of treason. A preliminary examination was had of the evidence, and the judge was of opin ion that it did not authorize a commitment for that crime, but only for a misdemeanor ; and Burr was, therefore, allowed to find bail for his appearance at the next Circuit Court at Richmond ; bail was given. On the 22d of May, the Circuit Court was opened. The coun sel for the prosecution were George Hay, Alexander McRae and William Wirt. For Burr, John Baker, Benjamin Botts, John Wickham, Edmund Randolph and Luther Martin appeared. At a subsequent day, Charles Lee also appeared. To these may be added Burr himself, who had been a lawyer of great eminence. Many days were passed in selecting a grand jury. Among others William B. Giles had been summoned, who had been informed by Mr. Jefferson of the certainty of Burr's guilt. This gentle man, no doubt at Mr. Jefferson's suggestion, had moved the Senate to suspend the writ of habeas corpus, which motion, if successful in both branches, would have given Mr. Jefferson ON PUBLIC CHARACTERS. 247 unlimited control over the personal liberty of every citizen in the United States. The motion was rejected even by that Congress. Mr. Giles seems to have had little doubt of his fitness to serve as grand-juror. But after examination and discussion he withdrew. John Randolph (the same who was sent recently as minister to Russia) was foreman of the grand jury. There appears to have been much discussion in court on the evidence which should go to the grand jury. Among other per sons called as witn^kses for the government, was Dr. Erick Boll man, for whom Mr. Jefferson had prepared a certificate of pardon, which Mr. Hay presented to Bollman in court, and which Boll man peremptorily refused to accept. He was, however, sworn and sent to the jury. While the jury wTere deliberating, the court were engaged in a long argument on a motion to punish General Wilkinson for con tempt of court, in having unlawfully caused one Knox to be ar rested, imprisoned, and forcibly conducted on board a United States vessel, called the Revenge, at New Orleans, and thence brought to Richmond as a witness against Burr. The proceed ings of Wilkinson appear to have been arbitrary and oppressive, and enforced by his military authority ; but the Chief Justice de cided, that he was not chargeable with contempt. Wilkinson came from New Orleans in the same vessel. The precise charge against him was, that he had used illegal means ; and had invaded the privilege of witnesses, tending to the corruption of evidence ; and materially to affect the justice and dignity of the court, so as to subject him to process of contempt. But, as before stated, the charge was not sustained. On the 24th of June, the grand jury came in with charges of treason and misdemeanor against Burr; and with like charges against Herman Blannerhasset. Afterwards similar charges were found against General Jonathan Dayton and one Smith. Great difficulties occurred in selecting a jury for trial ; party feelings had taken so strong a hold, that almost every person called seemed 248 FAMILIAR LETTERS to have made up his mind from rumors and newspaper statements. The selection of a jury occasioned a long delay. On the 17th of August, Burr was put on trial, charged with having excited insurrection, rebellion and war, on the 10th of December, 1806, at Blannerhasset's Island, in Virginia. Se condly, the same charge was repeated, with the addition of a traitorous intention of taking possession of the city of New Or leans with force and arms. To all which he pleaded not guilty. Many witnesses were examined, to show hPwhat manner Colo nel Burr had employed himself in the western country, in 1805 and 1806 ; and to show that he had contracted for boats and pro visions ; and had conferred with divers persons, to some of whom he had disclosed one purpose, and to some another, according to the expectation of operating on them through different motives. The' probability is, that Burr was then a desperate man. He was an exile from the state of New York, in consequence ofthe pend ency there of the indictment for the murder of Colonel Hamil ton; he had lost the popular favor; his means had been much reduced ; he held the administration in contempt ; he had insa tiable ambition ; and appears to have thirsted for opportunity to distinguish himself, and to retrieve his standing at all hazards. Yet, as circumstances now appear, one cannot but think, that a man of Burr's sagacity must have had some assurances and en couragement from the government, or from its military chief, Wil kinson, that he might move against the Spanish territories, what ever other designs he may have had. If Burr had no such reliance on government, it is improbable so intelligent a person should have imagined, that he could proceed successfully with his few boats and men, even if permitted to do as he pleased. If his object was to seize New Orleans, he must have been de ranged to think his armament sufficient for his purpose, if he had not been assured of Wilkinson's co-operation. If Wilkinson can be supposed to have favored Burr's design, he may have changed his mind at a convenient time ; or he may have accepted Burr's confidence, with the intention of defeating his projects, when this ON PUBLIC CHARACTERS. 249 could be most effectually done. It is very possible that Mr. Burr, who is yet living, may leave some account of these transactions. Among the witnesses called by the government against the accused was a very extraordinary man, well known and much esteemed for his exploits on the northern coast of Africa. His testimony is interesting, because it discloses his views of Colonel Burr ; and because it gives some account of himself. It should be remarked, that the counsel of the accused insisted that the government's counsel ought to be required to prove, in the first instance, some overt act of levying war against the United States, according to the charge in the indictment, viz., at Blannerhasset's Island, in the Ohio river, in the month of December, 1806. This, like other suggestions, was fully argued, and it was decided to be proper first to offer such proof. The gentleman above alluded to, General William Eaton, was then called as a witness, and it was asked whether he was called to prove the overt act. It was an swered that he was not, but to prove the previous intention of Burr. He was objected to, and another argument ensued; but the court decided, that evidence might be given of the intentions entertained by Burr, as these might show the character of the acts done at the island. General Eaton was thereupon sworn and examined. Commodore Truxton was also sworn and examined. The testi mony of these two witnesses furnishes the best materials forjudg ing of the real designs of Burr ; but these have no longer such inte rest as to make it worth while to transcribe this evidence. LETTER XLVIII. September 25, 1833. Several other witnesses were examined to prove the acts done at Blannerhasset's Island by Colonel Burr's order, or suggestion. The sum of this evidence was, that he had directed the building 250 FAMILIAR LETTERS of boats and the purchase of provisions ; and that three or four boats and some men with arms were at the Island about the 10th of December ; that under fear of being taken by the militia, this party left the Island in their boats in the night, and went down the Ohio. It appeared that Burr had been at the Island, though not there at any time while this party were there, but was at a distance of hundreds of miles, and in another state, (Kentucky.) The counsel for the accused then moved the court, that the further examination should be arrested, inasmuch as it was proved, that Burr was not present when the overt act, (if such it was,) alleged in the indictment, took place. This motion produced one of the most learned and able argu ments to be found in the whole course of judicial proceedings. As much of it as is reported spreads over more than 450 pages. The Chief Justice pronounced his opinion on the 31st of August. At the commencement he says : "A degree of eloquence, seldom displayed on any occasion, has embellished a solidity of argument and a depth of research, by which the court has been greatly aided in forming the opinion which it is about to deliver." This carefully prepared and elaborate opinion resulted in this : that as the counsel for the government were not understood to deny, that if the overt act be not proved by two witnesses, so as to be submitted to the jury, all other testimony must be irrelevant; because no other testimony, (as to subsequent acts,) could prove the overt act. That an assembly on Blannerhasset's Island was proved by the requisite number of witnesses, and the court might submit to the jury, whether that assemblage amounted to a "levying of war;" but the presence of the accused at that as semblage being nowhere alleged, except in the indictment, the overt act was not proved by a single witness ; and, of consequence, all other testimony must be irrelevant. After this opinion had been delivered, Mr. Hay asked time to consider what his duty further required. When the court met at a late hour in the afternoon, Mr. Hay said, he had examined the opinion (which had been handed to him in writing), and that he ON PUBLIC CHARACTERS. 251 must leave the case with the jury. The verdict was, "We ofthe jury say, that Aaron Burr is not proved to be guilty under this indictment, by any evidence submitted to us. We, therefore, find him not guilty." Burr was tried at the same court on the indict ment for misdemeanor, and acquitted. At the conclusion, Colonel Burr was ordered to be committed to answer in the state of Ohio to the charge of setting on foot, and providing the means for a military expedition in that state against the territories of a foreign prince, with whom the United States were at peace. He gave bail for his appearance, and was set at liberty. Whether any prosecution in this respect occurred, it has not seemed worth while to inquire. None is remembered. In 1808, Colonel Burr was in England. He returned in 1812. He came home to dwell in a humble seclusion, and was known only as a practitioner at the bar. Mr. Jefferson did not lose sight of Burr. In a letter to Dr. James Brown, October 27, 1808, (vol. iv. p. 115,) he says : "Burr is in London, and is giving out to his friends, that government (English) offers him two millions of dollars, the moment he can raise an ensign of rebellion, as big as a pocket handkerchief. Some of his partisans believe this, because they wish it." The trial being over, and the law having had its fair operation on the case, it might be supposed that a Chief Magistrate of the Union would be contented with having done his duty ; and that de corum towards a co-ordinate branch of the government would have prevented him from dipping his pen anew. Most extraordinary is it, that one of his own family should have given to the world the following picture of the true character of the man. (See vol. iv. p. 102.) To George Hay. "Monticello, September 4, 1807. "Dear Sir, "Yours of the 1st came to hand yesterday. The event has been," (here a number of stars are introduced, showing that something was written, which even Mr. Jefferson's editor did not 252 FAMILIAR LETTERS venture to disclose,) " that is to say, not only to clear Burr, but to prevent the evidence from ever going before the world. It is now, therefore, more than ever indispensable, that not a single witness be paid, or permitted to depart, until his testimony has been com mitted to writing, either as delivered in court, or as taken hy yourself in the presence of any of Burr's counsel, who may choose to cross-examine. These whole proceedings will be laid before Congress, that they may decide, whether the defect has been in the evidence of guilt, or in the law, or in the application of the law; and that they may provide the proper remedy for the past and for the future. • "I must pray you, also, to have an authentic copy ofthe record made out, (without saying for what,) and to send it to me. If the judge's opinions make not a part of it, then I must ask a copy of them, either under his hand, if he delivers one signed, or duly proved by affidavit. " This criminal is preserved to become the rallying point of all the disaffected and worthless in the United States ; and to be the pivot, on which all the intrigues and conspiracies, which foreign governments may wish to disturb us with, are to turn. If he is convicted of the misdemeanor, the judge must, in decency, give us respite by some short confinement of him ; but we must expect it to be very short. Be assured yourself, and communicate the same assurances to your colleagues, that your and their zeal and abilities have been displayed in this affair, to my entire satis faction, and to your own honor." Such is the letter which Thomas Jefferson wrote concerning the official conduct of John Marshall, Chief Justice of the United States! Is it or not the outpouring of a peculiarly organized mind, at having lost its expected victim ? Is it or not a search after means to dishonor a judicial officer, perhaps to impeach and remove him, because he did not convict, on solemn public trial, with the guard of a jury, one whom Mr. Jefferson had condemned in his closet, unheard, on the testimony of his own parasites ? Is such a man a fit person to conceive of the solemnity and purity ON PUBLIC CHARACTERS. 253 of the administration of justice, where human life is involved, and where the law declares every man to be presumed innocent until found guilty ? If Mr. Jefferson could have placed Tallmadges and Halls on the bench, at his pleasure, and could have packed his juries, what would have been the fate of the "disaffected and the worthless," in this land of liberty ! Whatever may be thought of Burr, and however desperately wicked any one may please to think him, it is the principle of action, disclosed in this letter, which terrifies and astonishes, considering what station he held, who wrote it. Here is one more proof that those who talk and boast most loudly of republican liberty, are the men least qualified to be trusted with power. This trial requires some remarks. In the course of the argu ment, some suggestions were made, (and very possibly in conse quence of the letters written to Mr. Hay by Mr. Jefferson, during the trial,) that the court might be under some bias favorable to Colonel Burr. These called for some notice on the part of the Chief Justice. He did notice them with calmness, self-respect and dignity, which deserves to be remembered forever, not only to his due honor, but as an example of judicial independence and propriety, on which, no doubt, the liberties of this country depend, Mr. Jefferson's doctrines notwithstanding. " Much," says the Chief Justice, " has been said in the course of the argument, on which the court feels no inclination to com ment particularly, but which may, perhaps, not improperly re ceive some notice. That this court dares not usurp authority is most true. That this court dares not shrink from its duty is not less true. No man is desirous of becoming the peculiar sub ject of calumny. No man, might he let the bitter cup pass from him without self-reproach, would drain it to the bottom. But if he have no choice in the case ; if there be no alternative prescribed to him, but a dereliction of duty, or the opprobrium of those de nominated the world, he merits ' the contempt as well as the in dignation of his country, who can hesitate which to embrace. " That gentlemen, in a case the most interesting, in the zeal 22 254 FAMILIAR LETTERS with which they advocate particular opinions, and under the con viction, in some measure produced by that zeal, should, on each side, press their arguments too far ; should be impatient at any deliberation in the court; and should suspect, or fear the operation of motives to which alone they can ascribe that deliberation, is, perhaps, a frailty incident to human nature ; but if any conduct on the part of the court could warrant a sentiment that it would deviate to the one side or- to the other, from the line prescribed by duty and law, that conduct would be viewed by the judges themselves with an eye of extreme severity, and would long be recollected with deep and serious regret." The.se are the sentiments of one who understood the sacred trust of administering justice according to law, in a government of laws; sentiments, of which Mr. Jefferson was incapable of con ceiving. He is rather to be commiserated than reproached for his incapacity. This trial deserves remark on other grounds.- The time may come when a popular President and a subservient Senate may place injudicial seats mere instruments of executive will. This is one way in which despotism may approach, and not an impro bable one ; quite as probable as in military form. We have al ready seen something of this in Mr. Jefferson's reign (embargo times) ; nothing was wanting then but the proper instruments. At the time of this trial, Mr. Jefferson had acquired to himself, almost entirely by his pen, an astonishing supremacy over public opinion. All who did not bow to him were the "disaffected and the worthless." He cordially hated Burr. Every measure had been taken to pre-occupy the minds of the citizens against him. It was hardly to be expected that he should have a fair trial any where ; and especially, perhaps, in the state in which he was tried; for there he had been prejudged by many of the most in fluential men, on Mr. Jefferson's own assurances of his guilt. It is of no importance who, or what the accused may have been; he was entitled to a trial according to law. Taking the peculiar circumstances of the trial into view, it is ON PUBLIC CHARACTERS. 255 one of remarkable interest, and is well worth consideration for the instruction which it imparts. The accused had been the equal competitor with his real prosecutor for the highest office in a great republic. He was, for four years, second only to him,and had but recently descended from his elevation. His trial was for his Ufe, nor for his life only, but that it might end on the gibbet, for a crime so infamous as to include, in its complete perpetration, almost every other in the catalogue of crimes. Here was a grand jury who believed him so far guilty, as to think it their duty to subject him to that trial. Here was a collection of jurors, as fair and impartial, perhaps, as the state of public excitement would permit; and here were learned and eminent counsel on both sides. The one intent to convict, not only because they thought this the hne of professional and patriotic duty, but because they could not shut out from view, that conviction would be grateful to the man of the people. The other side, intent on applying the law and the evidence as it should be applied ; and, perhaps, influenced by the fact, that they had some responsibility in shielding one, whose condemnation would have been, not merely an act of justice, but a pohtical triumph. Presiding over this contention sat one, who could have felt no favor for the accused ; and who must have ab horred the crimes which the indictment alleged. He could not have been ignorant of the character of the prosecution. In such circumstances, happily for him, he could rise above all motives, which the pure administration of justice rejected. It has rarely fallen to the lot of any man, to have had occasion to seek so ear nestly for the truth, both as to the law and as to the evidence; and to no man, to have conducted himself with more dignity and magnanimity, in the most responsible station in which one can be placed. There is an emotion of sadness in reflecting on the professional labor of this case. The feelings and the exertions of an advocate are little appreciated by the world. The judge has to feel the way of his duty, and to adhere to it, leaving consequences to them selves. The accused must be presumed to have thought of con- 256 FAMILIAR LETTERS sequences before he took on himself to act; but he confides his hopes and his fears, his life and his fame to his counsel; and they painfully realize that he does so. Laborious, indeed, must have been the exertions, in the intensity of summer, in a southern clime, in this serious investigation. The arguments, as reported, give some intimation of what these exertions were, in searching out, comparing and arranging authorities ; but they do not, and cannot disclose to the world the painful anxiety of preparing and delivering the result of intense intellectual effort. There is one circumstance in this affair of Colonel Burr which ought to be noticed, as it shows Mr. Jefferson's views ofthe proper exercise of power. Swartwout and Bollman had been forcibly seized by General Wilkinson at New Orleans, and sent under guard to the city of Washington, and there committed to prison. If these persons had been guilty, or liable to be put on trial at all, the trial should have been had in the district in which the crime was committed, viz., the Mississippi territory, in which the seat of justice was at New Orleans. These persons moved the court for a writ of habeas corpus, and both of them were discharged, because the proper place of prosecution, if there were evidence against them, was New Orleans, and not the city of Wash*11!?'011, If Wilkinson did not act by order of Mr. Jefferson, he acted with his approbation. Hence it appears what views Mr. Jefferson en tertained as to the exercise of power ; and what he would have done, if his friend Giles' motion to suspend the writ of habeas corpus had prevailed. The only apology which can be offered for Mr. Jefferson is, that he seems to have sincerely believed the will of a President elected by the people, (and none could be considered as part of the people who did not vote for him,) to be the supreme law. Thus it is obvious, that the will of such a President is a despotism ; and of the worst sort, because he can give it the forms of law, when he can surmount the obstacle of judiciary interference. ON PUBLIC CHARACTERS. 257 NOTICE OF MR. WIRT. Mr. Wirt, who makes a distinguished figure in this trial, was then about thirty-four years of age. At the age of about fifty-seven, an opportunity occurred to observe him, when he appeared in Bos ton as counsel in a cause of great interest to the parties. He was a tall, handsome man, well formed and rather full person, of pol ished and amiable manners. He observed a highly decorous de portment in his forensic tactics. In private society (while in Boston) he was grave, thoughtful, and not disposed to conversation. He was said to be a true gentleman in his feelings and intercourse with others, and deservedly beloved in his domestic relations. He was a scholar, a profound lawyer, and a man of real eloquence, founded on substantial intellectual power. His fame was entirely profes sional, excepting that he wrote a small volume entitled the British Spy, describing certain eminent men ; and the Life of Patrick Henry. The former was much esteemed for the elegance of its style ; of the latter, it is said, that he thought he had not acquitted himself as well as he supposed he had, when he sent it to the press. Since the foregoing page was written, the sorrowful intel ligence is received, that this gentleman has deceased in the midst of his professional labors ; one more proof of the severe cost and peril of eminence at the bar. The following extract will give some, though but a faint impression of the eloquence to which Mr. Wirt could ascend. It is taken from one of the many speeches which he made in the course of Burr's trial. It is extracted for the further purpose of showing this gentleman's view of Burr's machinations. "Who Aaron Burr is, we have seen, in part, already. I will add, that beginning his operations in New York, he associates with him men whose wealth is to supply the necessary funds. Possessed of the mainspring, his personal labor contrives all the machinery. Pervading the continent from New York to New 22* 258 FAMILIAR LETTERS Orleans, he draws into his plan, by every allurement, men of all ranks and descriptions. To youthful ardor he presents danger and glory; to ambition— rank, titles and honors; to avarice,- the mines of Mexico. To each person whom he addresses he presents the object adapted to his taste. Civil life is, indeed, , quiet upon its surface, but in its bosom this man has contrived to deposit the materials, which, with the slightest touch of his match, produce an explosion to shake the continent. In the autumn of 1806, he goes forth, for the last time, to apply this match. He meets with Blannerhasset. " And who is Blannerhasset ? A man of letters, who fled from the storms of his own country, to find quiet in ours. He sought quiet and sdlitude in the bosom of our western forests. But he carried with him taste, science and wealth ; and lo ! the desert smiled. Possessing himself of a beautiful island, in the Ohio, he rears upon it a palace, and decorates it with every embellish ment of fancy. A shrubbery, that Shenstone might have envied,1 blooms around him. Music, that might have charmed Calypso and her nymphs, is his. An extensive library spreads its treasures before him. A philosophical apparatus offers to him all the secrets and mysteries of nature. Peace, tranquillity and inno cence shed their mingled delights around him. And to crown the enchantment of the scene, a wife who is said to be lovely beyond her sex, and graced with every accomplishment that can render it irresistible, had blessed him with her love, and made him the father of several children. " The destroyer comes ! he comes to change this paradise into hell. Yet the flowers do not wither at his approach. No moni tory shuddering through the bosom of their unfortunate possessor warns him of the ruin that is coming. A stranger presents him self. Introduced to their civilities by the high rank which he had lately held in his country, he soon finds his way to their hearts, by the dignity and elegance of his demeanor, the light and beauty of his conversation, and the seductive and fascinating powers of his address. Innocence is ever simple and credulous. Conscious ON PUBLIC CHARACTERS. 259 of no design itself, it suspects none in others. Such was the state of Eden, when the serpent entered its bowers. " By degrees he infuses into the heart of Blannerhasset the poison of his »own ambition. He breathes into it the fire of his own courage; a daring and desperate thirst for glory; an ardor, pant ing for great enterprises; for the storm, bustle, and hurricane of life. In a short time the whole man is changed; every object of former delight is relinquished. No more he enjoys the tranquil scene. His books are abandoned. His shrubbery blooms, and breathes its fragrance upon the air, in vain. His ear no longer drinks the rich melody of music ; it longs for the trumpet's clangor and the cannon's roar. Even the prattle of his babes, once .so sweet, no longer affects him. The angel smile of his wife, which hitherto touched his bosom with ecstasy unspeakable, is now un seen and unfelt. His imagination has been dazzled by visions of diadems, of stars, and garters, and titles of nobility, &c. &c. "In a few months, we find the beautiful and tender partner of his bosom, whom he lately permitted not 'the winds of summer to visit too roughly;' we find her shivering on the winter banks of the Ohio, and mingling her tears with the torrents that froze as they fell. Yet this unfortunate man, thus deluded from his inte rest and his happiness, thus seduc'ed from the paths of innocence and peace, thus confounded in the toils that were deliberately spread for him, and overwhelmed by the mastering spirit and genius of another; — this man, thus ruined and undone, and made to play a subordinate part in this grand drama of guilt and trea son, — this man is to be called the principal offender ; while he, by whom he was thus plunged in misery, is comparatively inno cent, a mere accessory ! Is this reason ? Is it law ? Is it humanity? Sir, neither the human heart, nor the human under standing will bear a perversion so monstrous and absurd ! so shocking to the soul ! so revolting to reason ! Let Aaron Burr, then, not shrink from the high destination which he has courted ; and having already ruined Blannerhasset in fortune, character, and happiness for ever, let him not attempt to finish the tragedy, by 260 FAMILIAR LETTERS thrusting that ill-fated man between himself and punishment." (Burr's Trial, vol. ii. pp. 96, 98.) Highly honorable testimonials of Mr. Wirt's professional emi nence and individual worth occurred on the event ofhis decease, as well among the members of the bar, as in court and in the House of Representatives. The latter an unusual occurrence, as he had never been a member of Congress, though he had been Attorney General twelve years, (from 1817 to 1829 — Monroe's and J. Q. Adams' administrations.) LETTER XLIX. October 10, 1833. In 1795, Alexander Hamilton, at the age of thirty-eight, re sumed the practice ofthe law in the city of New York, and there continued until the close of his life. In December of that year, his personal appearance was this: He was under middle size, thin in person, but remarkably erect and dignified in his deport ment. His bust, seen in so many houses, and the pictures and prints of him make known, too generally, the figure of his face, to make an attempt' at description expedient. His hair was turned back from his forehead, powdered, and collected in a club behind. His complexion was exceedingly fair, and varying from this only by the almost feminine rosiness of his cheeks. His might be considered, as to figure and color, an uncommonly handsome face. When at rest, it had rather a severe and thoughtful expres sion; but when engaged in conversation, it easily assumed an attractive smile. He was expected, one day in December, 1795, at dinner, and was the last who came. When he entered the room, it was apparent from the respectful attention of the com pany, that he was a distinguished individual. He was dressed ON PUBLIC CHARACTERS. 261 in a blue coat with bright buttons ; the skirts of his coat were unusually long. He wore a white waistcoat, black silk small clothes, white silk stockings. The gentleman, who received him as a guest, introduced him to such of the company as wrere strangers to him ; to each he made a formal bow, bending very low, the ceremony of shaking hands not being observed. The fame of Hamilton had reached every one, who knew anything of public men. His appearance and deportment accorded with the dignified distinction to which he had attained in public opinion. At dinner, whenever he engaged in the conversation, every one listened attentively. His mode of speaking was deliberate and serious; and his voice engagingly pleasant. In the evening of the same day, he was in a mixed assembly of both sexes ; and the tranquil reserve, noticed at the dinner table, had given place to a social and playful manner, as though in this he was alone ambitious to excel. The eloquence of Hamilton was said to be persuasive and com manding; the more likely to be so, as he had no guide but the impulse of a great and rich mind, he having had little opportunity to be trained at the bar, or in popular assemblies. Those who could speak of his manner from the best opportunities to observe him in public and private, concurred in pronouncing him to be a frank, amiable, high-minded, open-hearted gentleman. He was capable of inspiring the most affectionate attachment; but he could make those, whom he opposed, fear and hate him cordially. He was capable of intense and effectual application, as is abund antly proved by his public labors. But he had a rapidity and clearness of perception, in which he may not have been equalled. One, who knew his habits of study, said of him, that when he had a serious object to accomplish, his practice was to reflect on it previously; and when he had gone through this labor, he retired to sleep, without regard to the hour of the night, and having slept sixor seven hours, he rose, and having taken strong coffee, seated himself at his table, where he would remain six, seven, or eight hours; and the product of his rapid pen required little correction 262 FAMILIAR LETTERS for the press. He was among the few alike excellent, whether in speaking, or in writing. In private and friendly intercourse, he is said to have been exceedingly amiable, and to have been affectionately beloved. Aaron Burr was at this time, (December, 1795,) probably about Hamilton's age. He had attained to celebrity as a lawyer at the same bar. He was of about the same stature as Hamilton, and a thin man, but differently formed. His motions in walking were not, like Hamilton's, erect, but a little stooping, and far from graceful. His face was short and broad ; his black eyes uncom monly piercing. His manner gentle and seductive. But he had also a calmness and sedateness, when these suited his purpose, and an eminent authority of manner, when the occasion called for this. He was said to have presided with great dignity in the Senate, and, especially, at the trial of Judge Chase. Though eminent as a lawyer, he was said not to be a man of distinguished eloquence, nor of luxuriant mind. His speeches were short and to the purpose. Hamilton considered him, both as a man and as a politician, much as he proved to be in after life ; and was not careful to con ceal his opinions. In short, he held Burr to be an ambitious and dangerous man, and was indiscreet enough to have expressed his opinions in such a manner, as to enable Burr to take offence, and to call him to account. It seems, that a certain Dr. Charles D. Cooper had written a letter to some one, in which he said, " General Hamilton and" (another person who need not be named) "have declared in sub stance, that they looked upon Mr. Burr as a dangerous man, and one who ought not to be trusted with the reins of government." "I could detail to you a still more despicable opinion, which General Hamilton has expressed of Mr. Burr." On the 18th of June, 1804, this latter had, some time after its publication, come to Burr's knowledge, and on that day he sent a copy of it to Hamilton, by Mr. Van Ness, in which he demanded " a prompt ON PUBLIC CHARACTERS. 263 and unqualified acknowledgment, or denial, of the use of any expression, which would warrant the assertions of Dr. Cooper." On the 20th, General Hamilton made a reply of some length, commenting on the demand made on him, and on the expressions imputed to him, and concluded by saying, "I stand ready to avow or disavow, promptly and explicitly, any precise or definite opinion, which I may be charged with having declared of any gentleman." "It cannot be expected that I shall enter into an explanation, upon a basis so vague as that which you have adopted. I trust, on more reflection, you wiU see the matter in the same light with me. If not, I can only regret the circum stance and abide the consequences." On the 21st, Burr answered, and among other things said, "Political opposition can never absolve gentlemen from the necessity of rigid adherence to the laws of honor and the rules of decorum. I neither claim such privilege, nor indulge it in others. The common sense of mankind affixes to the epithet adopted by Dr. Cooper, the idea of dishonor. It has been pub licly applied to me, under the sanction of your name. Your letter has furnished me with new reasons for requiring a definite reply." On the 22d, General Hamilton consulted with a friend, (Mr. Pendleton,) and showed to him an intended answer of that date, in which he said, after some introductory remarks, "If by a de finite reply, you mean the direct avowal or disavowal, required in your letter, I have no other answer to give than that which has already been given. If you mean anything different, admitting of greater latitude, it is requisite you should explain." Conversations and correspondence ensued between Mr. Pendle ton and Mr. Van Ness, in which it was made known to the latter, that General Hamilton could truly say, that he recollected only one conversation in which Dr. Cooper was present ; and that it turned wholly on political topics, and did not attribute to Burr any instance of dishonorable conduct ; nor relate to his private character ; and that in relation to any other language, or con- 264 FAMILIAR LETTERS versation, which Burr would specify, a prompt or frank avowal or denial would be given. This intercourse resulted in the express declaration of Mr. Burr's friend, Van Ness, " That no denial, or declaration will be satisfactory, unless it be general, so as wholly to exclude the idea, that rumors derogatory to Colonel Burr's honor have ori ginated with General Hamilton ; or have been fairly inferred from anything he has said. A definite reply to a requisition of this nature was demanded by Colonel Burr's letter ofthe 21st instant. This being refused invites the alternative alluded to in General Hamilton's letter of the 20th." Mr. Pendleton made a very becoming answer, showing the ex tended requisition which this last letter contained, and perceiving the intention of both Burr and Van Ness to have the matter settled in one way and no other, appointed a time to receive the commu nication. On the receipt of "the message," General Hamilton made a calm, deliberate commentary on the transaction, as far as it had gone, and -put it into the hands of Mr. Pendleton, who offered it to Mr. Van Ness, but he declined receiving it; alleging, that he con sidered the correspondence closed. In this commentary General Hamilton remarks, that if the alternative alluded to is definitely tendered, it must be accepted ; but that, as the Circuit Court of the United States was then sitting, he could not suddenly with draw from his duties there ; and that the time of meeting must be subsequently arranged. General Hamilton seems to have had a foreboding of his fate. On Friday, July 6th, the Circuit Court closed, and Mr. Pendleton informed Mr. Van Ness, that General Hamilton would be ready at any time after the following Sunday. If Colonel Burr was resolved from the beginning to meet Ham ilton, and to force him into conflict, as the record of this affair would indicate, he had, afterwards, abundant reason to regret that it was Hamilton, and not himself, who fell. On Wednesday, July, 11th, (1804,) the parties crossed the North River to Hoboken, on the Jersey shore. Hamilton arrived ON PUBLIC CHARACTERS. 265 at seven in the morning. Burr, as had been agreed, was already on the ground, accompanied by Van Ness and a surgeon. Ham ilton was attended by Pendleton as his second, and Dr. Hosack. Hamilton was shot at the first fire, the ball entering his right side and passing through to the vertebra?. When the ball struck him, he raised himself involuntarily on his toes and turned a little to the left, at which moment his pistol went off, and he fell on his face. Dr. Hosack immediately came up, and found him sitting on the ground supported in the arms ofPendleton; he had strength enough to say, " This is a mortal wound, Doctor," and then sank away, and became, to all appearance, lifeless. He was taken on board the barge, and continued insensible until he was about fifty yards from the shore, when he revived in consequence of the ap plications made to that end, and said, " my vision is indistinct." His vision became clearer, and seeing the pistol which he had held in his hand, he said, " Take care of that pistol ; it is undischarged and still cocked ; it may go off and do harm ; Pendleton knows I did not mean to fire at him." It would thus seem, that Hamilton was ignorant that he had discharged his pistol. As he approached the shore, he said, "Let Mrs. Hamilton be immediately sent for ; let the event be gradually broken to her, but give her hopes." General Hamilton lived in agony until two o'clock in the after noon of the following day. In the affecting narration of Dr. Ho sack, of the closing scenes of Hamilton's life, he says, " The great source ofhis anxiety seemed to be in his sympathy with his half-distracted wife and children. He spoke to me frequently of them; 'my beloved wife and children,' were always his expres sions. His fortitude triumphed over his. situation, dreadful as it was. Once, indeed, at the sight of his children, brought to the bedside together, seven in number, his fortitude forsook him ; he opened his eyes, gave them one look, and closed them again until they were taken away. He alone could calm the frantic grief of their mother. ' Remember, my Eliza, you are a Chris tian,' were the words, which, with a firm voice, but in a pathetic 23 266 FAMILIAR LETTERS and impressive manner, he addressed to her." Dr. Hosack con cludes his narrative with the truly appropriate words— " Incorrupta fides — nudaque Veritas ; Quando ullam inveniet parem ? Multis ille quidem flebilis occidit." As the state of public opinion then was, and as it may still be with some persons, was Hamilton justifiable in hazarding his life against such a foe as Aaron Burr? No one will deny; that, in whatsoever remarks he may have made on the conduct and cha racter of Burr, he was influenced by good and patriotic motives. If he thought it was dangerous to trust Burr with power in the republic, was he, or not, right in striving to prevent his elevation ?* If he thought he discerned the real character of this man, was he forbidden to disclose it to prevent public evil? What rule is a man to prescribe to himself in an elective republic, as to disclos ing what he may honestly believe to be promotive of the public welfare and preventive of public mischief? In such a case, it is believed, that one has a right to speak the truth of men, from good motives and for justifiable ends, especially when the party spoken of is a candidate for public suffrage. But prudence re quires, that one should be careful to whom and before whom he speaks. Having spoken from good motives and for justifiable ends, no rule prescribed by any respectable authority demands of one to risk his life. If this be not so, a reckless Catiline may silence a thousand Ciceros. In this case Hamilton was in a try ing condition. He had spoken of Burr what he believed to be true ; he could not disavow what he had said, nor could he apolo gize, because he thought he had spoken only what was true, and that it was right so to speak. He was a soldier, and could not bear the imputation of wanting spirit; least of all could he bear the supercilious vaunting of Aaron Burr, that he had been called by him to account, and shrunk from the call. But Hamilton mis took the probable judgment of the world. If he had refused the * Burr (if rightly remembered) was candidate for Governor. ON PUBLIC CHARACTERS. 267 meeting with Burr, public opinion would have absolved him. He thought this could not be so. He went to the field of death from a mistaken but elevated sense of self-respect. Doubtful of the public judgment, yet feeling how pernicious his example might be, he conceived himself bound to bespeak the candor of the world, if it should be his fate to fall. The last paper he ever wrote was the following: " On my expected interview with Colonel Burr, I think it proper to make some remarks explanatory of my conduct, motives and views. "I was certainly desirous of avoiding this interview, for the most cogent reasons. 1 . My religious and moral principles are strongly opposed to the practice of duelling; and it would ever give me pain, to be obliged to shed the blood of a fellow creature in a private combat, forbidden by the law. 2. My wife and children are extremely dear to me, and my life is of the utmost import ance to them in various views. 3. I feel a sense of obligation towards my creditors, who, in case of accident to me, may, by the forced sale of my property, be in some degree sufferers. I did not think myself at liberty, as a man of probity, lightly to expose them to this hazard. 4. I am conscious of no ill will to Colonel Burr, distinct from political opposition, which, as I trust, has proceeded from pure and upright motives. Lastly, I shall hazard much and can possibly gain nothing by the issue of the interview. "But it was, as I conceive, impossible for me to avoid it. There were intrinsic difficulties in the thing, and artificial embarrassments from the manner of proceeding on the part of Colonel Burr. Intrinsic, because it. is not to be denied that my animadversions on the political principles, character and views of Colonel Burr have been extremely severe; and on different occasions, I, in common with many others, have made very unfavorable criticisms on particular instances of private conduct of this gentleman. "In proportion as these impressions were entertained with sin cerity, and uttered with motives and for purposes, which might 268 FAMILIAR LETTERS to me appear commendable, would be the difficulty, (until they could be removed by evidence of their being erroneous,) of expla nation or apology. The disavowal, required of me by Colonel Burr in a general and indefinite form, was out of my power, if it had been really properfor me to submit to be so questioned ; but I was sincere ly of opinion, that this could not be ; and in this opinion I was con firmed by a very moderate and judicious friend, whom I consulted. Besides that, Colonel Burr appeared to me to assume, in the first instance, a tone unnecessarily peremptory and menacing; and in the second, positively offensive. Yet I wished, as far. as might be practicable, to leave a door open for accommodation. This, I think, will be inferred from the written communications made by me and by my direction ; and would be confirmed by the conversa tion between Mr. Van Ness and myself, which arose out of the subject. I am not sure whether, under all the circumstances, I did not go further in the attempt to accommodate, than a puncti lious delicacy will justify. If so, I hope the motives I have stated will excuse me. "It is not my design in what I have said, to affix any odium on the conduct of Colonel Burr in this case. He doubtless has heard of animadversions of mine, which bore very hard upon him; and it is probably that, as usual, they were accompanied by some falsehoods. He may have supposed himself under a necessity of acting as he has done. I hope the grounds of his proceeding have been such as ought to satisfy his own conscience. "I trust at the same time, that the world will do me the justice to believe, that I have not censured him on light grounds ; nor from unworthy inducements. I certainly have had strong reasons for what I may have said, though it is possible, that, in some par ticulars, I may have been influenced by misconstruction or mis information. It is also my ardent wish, that I may have been more mistaken than I think I have been ; and that he, by his future conduct, may show himself worthy of all confidence and esteem, and prove an ornament and blessing to the country. " As well, because it is possible that I may have injured Colonel ON PUBLIC CHARACTERS. 269 Burr, however convinced myself, that my opinions and declarations have been well founded, as from my general principles and temper in relation to- such affairs, I have resolved, if our interview is conducted in the usual manner, and it pleases God to give me the opportunity to reserve and throw away my first fire ; and I have thoughts even of reserving my second fire ; and thus giving a double opportunity to Colonel Burr to pause and to reflect. It is not, however, my intention to enter into any explanation on the ground. Apology, from principle, I hope, rather than pride, is out of the que.stion. "To those who, with me, abhorring the practice of duelling, may think that I ought on no account to have added to the num ber of bad examples, I answer, that my relative situation, as well in public as private, enforcing all the considerations which constitute what men of the world denominate honor, imposed on me, (as I thought,) a peculiar necessity not to decline the call. The ability to be in future useful, whether in resisting mischief, or effecting good, in those crises of our public affairs which seem likely to happen, would, probably, be inseparable from a conform ity to public prejudice in this particular. However deeply to be regretted it is, that the name and memory of Hamilton must for ever be associated with the odious offence of duelling', it is some relief, that there is his own condemnation of the practice. If there be any atonement, even for him, it is found in the judgment which he formed, however erroneously, that his future usefulness to his country depended on his obedience to the barbarous "law of honor." On Saturday, the 14th of July, the remains of General Hamil ton were consigned to the tomb, with every mark of respect and honor, and with demonstrations, universal and heartfelt, of touch ing grief. From a stage erected in the portico of Trinity Church, Gouverneur Morris, having with him four sons of Hamilton, (the oldest sixteen, and the youngest six,) pronounced an extempo- 23* 270 FAMILIAR LETTERS raneous oration over the remains of Hamilton, to an afflicted multitude. What occasion, in the history of the human family, could be more touching ! It was Hamilton who had fallen, in the midst of manhood and usefulness, and by the hand of Burr! The oration was worthy of the difficult and delicate occasion. It was uttered by one who felt the full sense of gratitude due from the country, and who fully comprehended the irreparable loss which the country had sustained. It was the overflowing of a mind that knew how to estimate the highest human worth, and the bereavement which affectionate friendship had to mourn. The national misfortune was everywhere felt to be such, by all who were not steeped in party venom. Many funeral orations were pronounced ; among others, one in Boston by Harrison Gray Otis, which was worthy of his own reputation and of the lamented object of his eulogy. Rufus King was among the audience on this occasion. It was delivered to a crowded assembly in King's Chapel, on the 26th of July. Among the concluding paragraphs is this faithful picture of the public feeling: "Theunivesal sorrow, manifested in every part of the Union upon the melancholy exit of this great man, is an unequivocal testimonial of his public worth. The place of his residence is overspread with a gloom which be speaks the pressure of a public calamity ; and the prejudices of party are absorbed in the overflowing tide of national grief." Whatsoever Thomas Jefferson may have recorded of Alexander Hamilton, time and good sense are doing justice to both. The fame of Hamilton, associated with the fame of Washington, grows brighter and dearer to intelligent and patriotic Americans, while that of Jefferson, (with his own helping hand,) if remembered at all, will be only to show the difference between patriotism and its counterfeit. ON PUBLIC CHARACTERS. 271 LETTER L. Octobeh 15, 1833. Mr. Jefferson professes, in his communications to Congress, to be conscientiously careful of a "just economy ;" he assumes to be impartial in all dealings with foreign nations; and scrupulously attentive to national honor. His pretensions in all these respects, may be tested by a single transaction. The boundaries of Louisiana not having been defined, and Spain being exasperated at the purchase, a state of hostility had arisen with Spain, which Mr. Jefferson hoped to allay by negotia tion. Mr. Monroe, the ever-ready diplomatist of Mr. Jefferson, was sent to Madrid, and there passed five months in an humiliat ing attempt at compromise. He was, at length, bold enough to say, that there were but two modes, arbitration or war. Spain answered, that she should not choose arbitration. Mr. Jefferson was compelled to make a communication to Con gress, which was confidential and secret, and wherein he makes known that the very difficulties (so far as France and Spain were concerned) which the federalists had predicted, had actually occurred. This message is dated the 6th December, 1806, and from it the following extracts are made. " A convention was accordingly entered into between our minister of Madrid and the minister of Spain for foreign affairs, by which it was agreed, that spoliations by Spanish subjects, in Spain, should be paid for by that nation; those committed by French subjects, and carried into Spanish ports, should remain for further discussion. Before this convention was returned to Spain with our ratification, the transfer of Louisiana by France took place, an event as unexpected as disagreeable to Spain. From that moment, she seemed to change her conduct and disposition towards us. It was first manifested by her protest against the right of France to alienate Louisiana to us; which was, however, soon retracted, and the right con- 272 FAMILIAR LETTERS firmed. (How?) Then, high offence was manifested at the act of Congress, establishing a collection district on the Mobile. She now refused to ratify the convention," &c. The message goes on to say, that James Monroe was sent over, to settle boundaries. "Spain reserved herself for events." Monroe, after five months' labor, effected nothing ; no indemnity for spoliations ; no acknowledgment of limits beyond the Iberville ; and that "our line to the west was one which would have left us but a string of land on the Mississippi." Each party was thus left ito pursue its own measures. Those, which they had chosen to pursue, " authorize the inference, that it is their intention to advance on our possessions, until met by an opposing force." " France took the ground, that they acquired no right beyond the Iberville, and meant to deliver us none beyond it." "The pro tection of our citizens, the spirit and honor of our country re quire, that force should be interposed to a certain degree." "The course to be pursued will require the command of means, which it belongs to Congress exclusively to yield, or deny." Thus we have Mr. Jefferson's own admission, that every evil which his political adversaries had foretold, had occurred, so far as they could occur, within the time between his purchase and the writing ofhis message. There was certainly "a speck of war;" how this was prevented from enlarging, will be seen by the application of means, which Congress could yield, or de.ny. What did Mr. Jefferson really mean by this message ? Just what circumstances might make it best to have it mean. It was no new thing for Mr. Jefferson to express himself so ambiguously as to meet any contingency that might arise. If Congress were willing to go to war, the message was adapted to that end ; if Congress were willing to vote money, the message was adapted to that end. The latter was Mr. Jefferson's purpose. ' Asto nishing as the fact may be, Congress did place two millions of dol lars at the disposal of Mr. Jefferson, which sum was to be applied to settling the troubles with Spain. The money was not so applied; but it was actually sent to France, in the United States ship Hor- ON PUBLIC CHARACTERS. 273 net, for no other reason than that France wanted money, and must have it; and that there was no other way to avoid a war both with France and Spain ! The proof of these facts comes from no less a personage than John Randolph, who was then a Jeffersonian ; but he was so dis gusted with this double dealing, and so shocked at the degrada tion of the country, that he published a pamphlet signed Decius, in which he tells the truth as to this transaction. If it be asked, how this is known to have been John Randolph's work, the an swer is, that it was ascribed to him at the time, and not denied ; that the internal evidence is irresistible, as it states facts which no one but John Randolph, the President, Mr. Madison, (then Secretary of State,) and Mr. Gallatin, (then Secretary of the Treasury,) could have known ; and lastly, the narration in this pamphlet accords with facts publicly known. From this pamphlet the following extracts are made. Mr. Randolph was chairman of the committee, to whom this message was referred. He says in his pamphlet : — " The chair man of the committee, to whom the confidential message was referred, immediately waited on the President, and informed him of the direction which had been given to it. He then learned, not without surprise, that an appropriation of two millions was wanted to purchase Florida. He told the President that he would never agree to such a measure, because the money had not been asked for in the message ; that he would not consent to shift to his own shoulders, or those of the House, the proper responsibility of the Executive ; if the money had been explicitly demanded, he should have been averse to granting it, because, after a total failure of every attempt at negotiation, such a step would disgrace us for ever; because France would never withhold her ill offices, when, by their interposition, she could extort money from us ; that it was equally to the interest of the United States, to ac commodate the matter by an exchange of territory ; (to this mode of settlement the President seemed much opposed ;) that the nations of Europe, like the Barbary powers, would hereafter 274 FAMILIAR LETTERS refuse to look on the credentials of our ministers, without a pre vious douceur, and much more to the same purpose." "The committee met on the 7th of December. One of its members, (Bidwell, of Massachusetts,) construed the message into a requisition of money for foreign intercourse, and proposed a grant to that effect; this was overruled. He himself, when the subject was agitated in the House, would not avow the same con struction of the message, which he had given in committee. On the 14th of December, the chairman was obliged to go to Balti more, and did not return till the 21st. During this interval, the dispatches from Mr. Monroe, of the 18th and 25th of October, were received by government. Previous to the chairman's de parture, having occasion to call on the Secretary of State, (Madi son,) he was told by that officer, that France would not permit Spain to adjust her differences with us; that France wanted money, and that we must give it to her, or have a Spanish and French war!" Mr. Randolph returned from Baltimore on the 21st and con vened the committee. As they were assembling, he goes on to say, "the Secretary of the Treasury, (Mr. Gallatin,) called him aside, and put into his hands a paper headed 'Provision for the purchase of Florida.' The chairman declared he would not vote a shilling ; he expressed himself disgusted with the whole of this pro cedure, which he could not but consider as highly disingenuous ; that the most scrupulous care had been taken to cover the reputa tion of the administration, while Congress were expected to act as though they had no character to lose ; that whilst the official language of the Executive was consistent and dignified, (quoting the words of the message,) Congress was privately required to take upon itself the odium of shrinking from the national honor, and national defence, and of delivering the public purse to the first cut-throat that demanded it. From the official communications — from the face of the record it would appear, that the Executive had discharged his duty, in recommending manly and vigorous measures, which he had been obliged to abandon— and had been ON PUBLIC CHARACTERS. ' 275 compelled by Congress, to pursue an opposite course, when, in fact, Congress had been acting, all the while, at Executive instiga tion. The chairman further observed, that he did not understand this double set of opinions and principles ; the one ostensible, to go upon the journals and before the public; the other, the efficient and real motives to action ; that he held true wisdom and cun ning to be utterly incompatible in the conduct of great affairs : that he had strong objections to the measure itself, but in the shape in which it was presented, his repugnance to it was in superable. In a subsequent conversation with the President' himself, in which those objections were recapitulated, he declared that he too had a character to support and principles to maintain, and avowed his determined oppo.sition to the whole scheme." Mr. Randolph proceeds to state, that a proposition, the avowed object of which was, to enable the President to open a negotiation for Florida, now came upon the table. Mr. Randolph moved that the sum to be appropriated should be confined to that object, which was agreed upon. But afterwards, when the bill was formally brought in, this specific appropriation was rescinded by the House, and the money left at the entire discretion of the Executive, to apply to any extraordinary purpose of foreign intercourse what ever. To use his own words : "Mr. J. Randolph also moved, to limit the amount which the government might stipulate to pay for the territory in question ; upon the ground that, if Congress were disposed to acquire Florida by purchase, they should fix the extent to which they were will ing to go, and thereby furnish our ministers with a safeguard against the rapacity of France ; that there was no probability of our obtaining the country for less, but every reason to believe that, without such a precaution on our part, she would extort more. This motion was overruled. When the bill came under discus sion, various objections were urged against it by the same gentle man : Among others, that it was in direct opposition to the views of the Executive, as expressed in the President's official commu nication, [it was on this occasion that General Varnum declared 276 FAMILIAR LETTERS the measure to be consonant to the secret wishes of the Execu tive ;] that it was a prostration of the national honor at the feet of our adversary ; that a concession so humiliating would paralyze our efforts against Great Britain, in case the negotiation, then and now pending between that government and ours, should prove abortive ; that a partial appropriation towards the purchase of Florida, without limiting the President to some specific amount, would give a previous sanction to any expense which he might incur for that object, and which Congress would stand pledged to make good ; that if the Executive, acting entirely upon its own responsibility, and exercising its acknowledged constitutional powers, should negotiate for the purchase of Florida, the House of Representatives would, in that case, be left free to ratify or annul the contract ; but, that the course which was proposed to be pur sued, (and which eventually was pursued,) would reduce the discre tion of the Legislature to a mere shadow; that at the ensuing session Congress would find itself, in relation to this subject, a delibera tive body but in name; that it could not, without a manifest dere liction of its own principles, and, perhaps, without a violation of public faith, refuse to sanction any treaty entered into by the Exe cutive, Under the auspices of the Legislature, and with powers so unlimited ; that however great his confidence in the Chief Ma gistrate, he would never consent to give any President so danger ous a proof of it ; and that he would never preclude himself by any previous sanction, from the unbiased exercise of his judg ment on measures which were thereafter to come before him; that the House had no official recommendation for the step which they proposed to take ; on the contrary, it was in direct opposition to the sentiments, as expressed in the confidential message ; and that the responsibility would be exclusively their own ; that if he thought proper to ask for an appropriation for the object, (the purchase of Florida,) the responsibility of the measure would rest upon him ; but when the Legislature undertook to prescribe the course which he should pursue, and which he had pledged him self to pursue, the case was entirely changed ; that the House ON PUBLIC CHARACTERS. 277 could have no channel through which it could be made acquainted with the opinions of the Executive, but such as was official, responsible, and known to the constitution ; and that it was a pros titution of its high and solemn functions, to act upon an uncon stitutional suggestion of the private wishes of the Executive, irresponsibly announced, by an irresponsible individual, and in direct hostility to his avowed opinions." After such a course of remarks, from a leading Jeffersonian, a Virginian, a man who called himself a genuine republican, what would one suppose to have been the fate, among the representa tives of a free and enlightened people, of Mr. Jefferson's double- dealing proposition? A declaration of war against Spain ? Not at all. This w^ould have been an admission, that the man of the people could have made a blunder in disposing of fifteen millions of dollars of the people's money. What then ? The Jeffersonian Randolph tells us, — " The doors were closed, and the minority, whose motives were impeached, and whose motives were almost de nounced, were voted down without debate." The two millions of dollars were voted ; they were placed at Mr. Jefferson's disposal without limit, or restriction. They went in the United States ship Hornet, in specie, to the coffers of Napoleon. Not a foot of territory was thereby acquired ; if any thing, Napoleon was paid two millions for his kind interposition in preventing the people of the United States from knowing how far Mr. Jefferson had, or had not been "honest, capable, and faithful to the constitution." What were Mr. Jefferson's motives in this transaction ? Was he moved by friendship for France ? By the desire to strengthen France against England ? By unwillingness to vindicate the honor and independence of the country against France ? By the dread of showing, that the predictions of political adversaries had been verified ? Was Mr. Jefferson willing to give away two mil lions of the people's money for all, or any of these reasons ? However these questions may be answered is not, at this day, material, so that Mr. Jefferson's pretensions to the gratitude and 24 278 FAMILIAR LETTERS respect of his countrymen be placed on the proper footing. Future generations are to judge of Thomas Jefferson's fame, when the history of these times shall have been written, and to decide for themselves what Mr. Jefferson was, as an economist, as a statesman, as a friend to his country, and how he should rank as an honorable and an honest man. It makes no difference in forming such decision, that the unforeseen changes in European affairs made the purchase of Louisiana a fortunate measure for this country. The motives which then operated, and the acts then done, are the true and only materials from which that decision is to be formed. If Bona parte had been successful ; if Spain had not been distracted by civil commotions, what would Mr. Jefferson have acquired for hjs country, in exchange for his fifteen and his two millions of dol lars ? He certainly obtained nothing for the two millions sent to France. This latter was a mere donation, or rather tribute, and so it was considered at the time, even by John Randolph. If Mr. Jefferson was that abhorrer of duplicity, which he as sumes to be, he would have told Congress, that the purchase of Louisiana was involved in difficulties; that it would lead the country into a war with both France and Spain ; that he found himself in a very serious dilemma; that Spain, by fraud and force, was completely under the control of Napoleon; that if Congress would please to vote him a couple of millions to give to Napoleon it would pacify him, and that he would keep Spain from showing her disgust and enmity ; and finally, that he should still seem to his countrymen to be the wise, the great, and the good Mr. Jefferson ! He knew his Congress and the power of party too well to find it necessary to disclose such truths. It is highly probable that Mr. Jefferson thought this management honest and proper, because it promoted the great objects of his policy — it helped France — it hurt England — it kept federalism down by keeping himself up. ON PUBLIC CHARACTERS. 279 LETTER LI. October 25, 1333. Let it not be forgotten that Mr. Jefferson began his presidency with the most gracious and conciliatory assurances, that we were all republicans, all federalists, and that universal peace and harmony were to prevail under his paternal auspices; nor forgotten — that before the first year had elapsed, he denounced, in his smooth and ambiguous phraseology, the whole tenor of federal administration, and disclosed the intention of annulling and reversing, to the ex tent of his power, all that had been done. He conducts the government for eight years, retires — devotes his remnant of days to the same course of denunciation of federalists and federalism — and leaves, as his bequest to his countrymen, his testimony of the worthlessness and wickedness of his political adversaries ; and his assurances of his own honesty, ability, usefulness and pa triotism. Has he not thus invited a comparison between himself, and those of his countrymen, whom he would transmit to posterity, as destitute of every good quality which he arrogates to himself? There is no part of Mr. Jefferson's administration in which his honesty and ability can be better tested, than in the course of measures which led to the "long embargo," and by his persever ance in that extraordinary policy. It may not be an easy matter to develop Mr. Jefferson's motives in this part of his political machinery. It is ever to be under stood, that all Mr. Jefferson said and did had a double import ; and that it is as difficult as painful, to seek out his real designs. In this matter of the embargo, it is unavoidable, in showing the truth, to recur to some previous circumstances. The state of this country, as affected by the conduct of the belligerents, was, no doubt, exceedingly embarrassing. Mr. Jef ferson assumes, that he conducted honestly and wisely throughout. 280 FAMILIAR LETTERS This is thought to be much otherwise, and this is the question to be tried. The United States complained of England : First. That Eng land interposed unjustly in the neutral commerce which the United States was authorized to carry on. This is a dry subject, and it would be uninteresting to go into details. Secondly. That the practice, adopted by England, of declaring ports, and even a whole coast, blockaded, when, in fact, no force was present to enforce the blockade, was unjust and oppressive to neutrals. Thirdly. The im pressment of seamen from American vessels. This cause of com plaint was much insisted on by Mr. Jefferson, who, nevertheless, cared very little about seamen or commerce, except for the revenue. It should be remembered, that the conflict between France and England, was not one in which the parties had leisure to advert to the law of nations ; nor to apply the principles which nations had respected in most of their wars. It was a conflict of de struction and extermination, in which England stood alone against the host of continental Europe. Napoleon resolved that there should be no neutrals in that war fare. What would a patriotic and wise administration in this re mote and neutral country have done under these circumstances ? In 1806 Napoleon had pushed his conquests to the borders of Russia; he had converted Alexander from an enemy into an ally. Mr. Fox, the firm and undeviating friend of America, so far as he could be so consistently wdth duty to his own country, was at the head ofthe British ministry. England could never be in. cir cumstances more favorable to an adjustment of all points in con troversy. William Pinckney and James Monroe were plenipo tentiaries in England. The treaty, made by Jay in 1794, had expired in 1804 by its own limitation. The United States had been prosperous under that treaty. Mr. Jefferson refused to ex tend or renew it. Messrs. Pinckney and Monroe effected a treaty in 1806, on the first two points of difference, which they considered highly advan tageous to this country. On the third, Mr. Jefferson required, ON PUBLIC CHARACTERS. 281 that the American flag should protect all who sailed under it, well knowing that England never could concede this, without aban doning her maritime force ; and, while this point was a sine qua non, that no adjustment with England could be effected. Yet Pinckney and Monroe obtained assurances from the British minis try, though not in the form of a treaty, which they deemed satis factory. The treaty was sent over, dated December 31, 1806. The Senate were in session when it wras received, and because the British had not therein conceded, thai all English, Irish and Scotchmen, and all deserters from the British navy should be pro tected by the American flag, Mr. Jefferson did not condescend to lay this instrument before the Senate, but took on himself to re ject it and send it back.* Now, was this honest, or wise in Mr. Jefferson ? Does it, or not show, that he was resolved, the parade of negotiation notwithstanding, to keep open the means of con tention with Great Britain ? And was not his motive, to contribute to the universal dominion of Napoleon in Europe, including pros trate England ? And was it wise for a republic to extinguish, if it could, the only power that then stood between the hope of lib erty and one universal despotism ? On the 21st of November, 1806, Napoleon, seated in the palace of the vanquished King of Prussia, at Berlin, issued his decree, by which he declared the British Isles in a state of blockade ; and, consequently, that every American vessel going to, or coming from these Isles, was subject to capture. This decree appears to have slept for some months. The same decree provided, that all merchandize belonging to England, or coming from its manufac tories or colonies, although belonging to neutrals, should be law ful prize on land. This provision was carried into effect. This was the phenomenon of a monarch, terrible, to be sure, on the land, but without commerce, and with an inferior and humbled marine * Jefferson to Monroe, March 10, 1808, vol. iv., p. 107. "You complain of the manner in which the treaty was received. Two of the Senators inquired of me, whether it was my intention to detain them on account of the treaty. I answered it was not; and that I should not .give them the trouble of deliberating on it." 24* 282 FAMILIAR LETTERS force, announcing destruction to the trade of an insular people, whose territories he could not approach. Mr. Armstrong, minister of the United States in France, in quired of Champagny, French minister of foreign relations, (Sep tember 24, 1807,) what construction was to be given to this decree of 21st November ; and whether it would " infract" the treaty between the United States and France ? Champagny an swered (October 7, 1807) that "his majesty has considered every neutral vessel, going from English ports with cargoes of English merchandize, or of English origin, as lawfully seizable by French armed vessels." "The decree of blockade has now been issued eleven months. The principal powers of Europe, far from pro testing against its provisions, have adopted them." (All these powers had either become vassals or obedient allies of his majesty.) " They have perceived, that its execution must be complete to render it more effectual ; and it has seemed easy to reconcile the measure with the observance of treaties, especially at a time when the infractions, by England, of the rights of all maritime powers, render their interests common, and tend to unite them in support ofthe same cause." The Berlin decree, then more than a year old ; the inquiry of Mr. Armstrong, and the answer to it ; and the proclamation of the British government, (cut from a newspaper,) recalling British sea men, and prohibiting them from serving foreign princes and states, dated October 16th, 1807, were all the documents sent to Congress, proposing an unlimited embargo. These showed "the great and unceasing dangers with which our vessels, our seamen, and merchandize were threatened on the high seas, and elsewhere, by the belligerent powers of Europe." It is true, that one of the Senators from Massachusetts (whose conduct was afterwards publicly censured by resolves of the legis-. lature, which induced him to resign), says in a public letter of 31st March, 1808, that the British orders (retaliating the Berlin decree), of 11th November, 1807, were not communicated to Con gress with the President's message on the embargo, but that they ON PUBLIC CHARACTERS. 283 were published in the National Intelligencer on the 18th Decem ber, 1807, the day on which the embargo message was sent to Congress. It is unaccountable, that these orders were not com municated, if Mr. Jefferson knew of their existence. The news paper was a sufficient authority for the proclamation, and must have been equally so for the orders. Can it be doubted, that the embargo was resolved on by Mr. Jefferson, before he knew of these orders ? The Senator alluded to had, about this time, a most extraordinary illumination as to Mr. Jefferson's purity and intelligence ; and an equally extraordinary perception of the worthlessness and wickedness of eminent men, with wdiom he had long thought and acted. The sudden confidence inspired by Mr. Jefferson led this Senator to say, in his place, on the embargo message: " The President has recommended the measure on his high responsibility ; I would not consider ; I would not delibe rate; I would act. Doubtless the President possesses such fur ther information as will justify the measure." Thus it would seem, that this Senator and a majority of both Houses, at the mere dictation of Mr. Jefferson, were ready, without any delibera tion, to impose the greatest evil on this country, which could be imposed short of a ruinous and hopeless war. No one who calmly considers this transaction can doubt, that it was conceived and executed for the purpose, and only purpose of enforcing, so far as this country could be useful to that end, the " continental system" of Napoleon. Now, is Mr. Jefferson entitled to the gratitude and respect of his countrymen, for proposing and executing this political mea sure ? There are three views in which this subject is to be considered. First, as to France. The embargo was approved of by the go vernment there, as a measure against the common enemy. Assuming that the embargo was laid for the purpose of aiding the continental system, it appears, that it did little towards that purpose; and the whole evil fell upon American citizens. Mr. Armstrong writes from Paris, August 30th, 1808. " The em- 284 FAMILIAR LETTERS bargo is a measure calculated above any other to keep us whole, and keep us in peace ; but beyond this you must not count upon it. Here it is not felt; and in England, (in the midst ofthe more interesting events of the day,) it is forgotten." Secondly, as to England ; it was an interdiction of all commer cial intercourse. But the injurious consequences to that country were entirely miscalculated. England supplied herself with cotton from other sources. The whole of the bread stuff exported from the United States, was not more than one-twentieth of the annual consumption of England, and not one-half of this, probably, went to England. The West India Colonies turned their attention to their own resources. England found other markets for her pro ducts. If the embargo had continued as long as Mr. Jefferson intended it should, Europe would have forgotten that there was such a country on the globe as the United States. Thirdly, the wisdom of this measure is to be tested by its effects within our own limits, and on the adjoining provinces of the English. First, it was an execution, in effect, of the British proclamation of the 16th October, 1807, recalling seamen. Destitute of em ployment here, they found their way, through the British provinces, to their own country. It is not improbable, that many American sailors went in the same way into the British service, in prefer ence to starving at home. Secondly, the export and import business was carried on through the British provinces, greatly to their advantage, while the coasting trade of the United States was conducted in wagons. Flour could not be water-borne from the south, without an official permit, by. some agent thereto authorized by Mr. Jefferson. Thirdly, the attempts to evade the embargo led to vindictive prosecutions, to the multiplication of spies and informers, and to an exercise of a tyranny of officers, great and small, which would hardly have been endured in Algiers, or Constantinople. Fourthly, the effect was demoralizing. Smuggling had hardly- been known in these days; it now became common. It was not ON PUBLIC CHARACTERS. 285 thought to be morally wrong, to evade a law which all, but Jeffer- sonians, knew to be oppressive and ruinous ; and which the best informed men declared to be unconstitutional. It brought the administration of justice into contempt. Jury trials, on embargo bonds, became a mockery. A law so palpably against common sense, so oppressive and ruinous in its consequences, and which a maritime community might justifiably think- ought to be evaded if it could be, called for further enforcing legislation, which resolved itself, in practice, into downright tyranny. After the evils of the embargo had been endured more than a year, and the public distress became insuf ferable, the remedy, invented by Mr. Jefferson and his advisers, was a new law, commonly called the enforcing act. This was passed on the 9th of January, 1809. At the session of the Massachusetts legislature in this month, petitions came in from various quarters, beseeching legislative interference. The community were exasperated to the highest degree. The manner in which these petitions were acted upon, by a federal legislature, may be some answer to Mr. Jefferson's calumnies on this party; and some refutation to his often-repeated tale of a northern confederacy to sever the Union. At this time (January, 1809) the alarming state of public affairs had called into the legislature of Massachusetts the ablest men in the state. Among them was the same Christopher Gore, whom Mr. Jefferson so pointedly mentions, as a monarchist and Anglo- man ; and the same Harrison Gray Otis, whom he mentions in the same connection ; and a majority of similar citizens in both branches. The following words are extracted from a report, made on the petitions which the embargo laws caused to be presented: The petitioners' complaints are, 1st. "The unnecessary, impo litic and unconstitutional interdiction of commerce, by the several acts of Congress, falsely called embargo laws. 2d. The appre hension that the nation is speedily to be plunged into a war with Great Britain ; and consequently entangled in a fatal alliance with 286 FAMILIAR LETTERS France. 3. Some peculiarly oppressive and unjust provisions of the last embargo act, passed on the 9th of January, 1809." This report deserves the diligent study of citizens of a free republic, because it shows how easily a popular President and an obedient Congress can establi,sh an absolute despotism in the forms of law. If Congress had enacted, that Thomas Jefferson may lawfully do anything that he may choose to do, to annihilate commerce, and to strip every citizen of his last shilling, who does not submit to his will, it would not have been a more real des potism. A Jeffersonian of some distinction, who was a member of the House at that time, but who has probably grown wiser since, exercised his patriotism by proposing a series of resolutions, one of which was in these words : " That in case it shall appear to Congress, that all fair attempts to remove said orders and decrees by negotiation shall have been exhausted, and they shall find it necessary to assume any other attitude of resistance, it will be the duty of the whole people of the Commonwealth of Massachusetts to rally round the standard of their own nation and its govern ment, and to afford them their utmost support by all constitutional means in their power." The meaning of the mover, both as to the nation in respect to whom an " attitude of resistance" was to be assumed ; and to that portion of the whole people, who were called on for their utmost support, was in no respect equivocal. His resolutions were committed to five, of whom the mover was one, and Mr. Gore the chairman. The report drawn by Mr. Gore is one ofthe masterly efforts of that day, and the mover of the resolutions gave an opportunity to the whole people to read an exposition of the true character and conduct of our national managers ; and also to know what sort of citizens Mr. Jefferson's " Anglomen and monarchists" were. Thus it appears, that more than three years before the war actually came, it was intended by one party, dreaded by the other; and that nothing was waited for but the favorable moment, which ON PUBLIC CHARACTERS. 287 did not occur, as will hereafter be shown, until Napoleon was duly prepared for it. The picture drawn by this report ofthe state ofthe country will be recognized as true and faithful by all who can remember these days. The following is an extract from it : "In this condition of unexampled prosperity at home, peace and consideration abroad, our present rulers were called to the administration of public affairs ; and what has been the fruit of their labors ? Let the following facts answer : " Our agriculture is discouraged. " The fisheries abandoned. "Navigation forbidden. • " Our commerce at home restrained, if not annihilated. "Our commerce abroad cut off. " Our navy sold, dismantled, or degraded to the service of cutters or gun-boats. "The revenue extinguished. "The course of justice interrupted. " The military power exalted above the civil ; and by setting up a standard of political faith unknown to the constitution, the nation is weakened by internal animosities and division, at the moment when it is unnecessarily and improvidently exposed to war with Great Britain, France, and Spain." Such a report as this was a very sufficient reason with Mr. Jefferson, for regarding Mr. Gore as a " monarchist and Anglo- LETTER LU. November 6, 1833. Caleb Strong was Governor of Massachusetts from May, 1800, to May, 1807. Under the influence of Mr. Jefferson, party con- 288 FAMILIAR LETTERS tentions had become excessively bitter. There was not only the common struggle for power, from which even absolute despotisms are not exempt, and which is inseparable from all elective govern ments, but the politics and contentions in Europe were artfully intermingled with all the elections which occurred in the United States. The daily journals not only discussed qualifications for office, but descended to personalities and calumnies, which might induce one to suppose, that the Americans had been astute in selecting the Worst men of their nation for public trust. It is in such paper warfare as in that of physical force ; "he is to be considered the author of the war, who causes the first blow to be struck." At the election in 1807, the candidates for Governor were Caleb Strong and James Sullivan; the latter was chosen in a Severely contested election. He was elected the next year, and continued in office till his decease, which happened on the 10th Dec. 1808. The following notice of him is taken from the American Encyclo pedia. The biographical sketches of that work are attributed to Mr. Robert Walsh. "James Sullivan,* brother of the foregoing," (John Sullivan, an officer of the revolutionary war, and afterwards Governor of New Hampshire,) "was born at Berwick, Maine, April 22, 1744. He was educated entirely by his father. The fracture of a limb iri early life caused him to turn his attention to legal pursuits, instead of embracing the military career, for which he had been destined. After studying with his brother, General Sullivan, he was admitted to the bar, and soon rose to celebrity. He was appointed King's attorney for the district in which he resided; but the prospects of advancement, which he might reasonably have entertained, did not prevent him from taking an early and decided part on the side of his country, at the commencement of the revolutionary struggle. Being a member of the provincial Congress in 1775, he was intrusted, together with two other gentlemen, with a difficult commission to Ticonderoga, which * Father of the author. ON PUBLIC CHARACTERS. 289 was executed in a very satisfactory manner. In the following year he was appointed a Judge of the Supreme Court. In 1779 -80, he was a member of the Convention, which framed the con stitution ofthe State. In February, 1782, he resigned his judge ship, and returned to the bar. In 1783 he was chosen member of Congress, and in the following year was one of the commis sioners in settling the controversy between Massachusetts and New York, respecting their claims to the western lands. He was repeatedly elected representative of Boston, in the legislature. In 1787 he was member of the Executive Council and Judge of Probate for Suffolk; and in 1790 was appointed Attorney General, in which office he continued till June, 1807, when he was elevated to the chief magistracy of the Commonwealth. He was subse quently appointed by President Washington agent under the fifth article of the British treaty, for settling the boundaries between the United States and the British provinces.* He was a second time chosen Governor of the state ; but soon after his health became enfeebled, and on the 10th of December, 1808, he died, in the 65th year of his age. Governor Sullivan was the projector of the Middlesex canal. Amidst his professional and political pursuits, he found time to prepare several works, mostly on legal and political subjects. One is a history of the District of Maine, which is a creditable monument of his industry and research." On the decease of Governor Sullivan, executive power devolved on Lieutenant-Governor Levi Lincoln, (the same gentleman who was Attorney General of the United States in 1801,) who exer cised this power until the next election. In his speech to the legislature at the January session, 1809, he noticed the event which had made it his duty to address that assembly. At this time the executive council was composed entirely of federalists, among whom was George Cabot. There were federal majorities * There is an error here, as to the time of this appointment. It was in 1796, during Washington's second presidency, and continued two years. 25 290 FAMILIAR LETTERS in both branches of the legislature. The House, in its answer to the speech, say of the deceased chief magistrate : "The affecting dispensation of Divine Providence, which has deprived this commonwealth of its commander-in-chief, cannot be more sincerely deplored by your honor, than it is sensibly felt by the House of Representatives. Elevated to the chair of state, in opposition to the political sentiments of a majority of the legislature, we are happy to declare, that the late Governor Sullivan, in the discharge of his high and important trust, ap peared rather desirous to be the Governor of Massachusetts, than the leader of a party, or the vindictive champion of its cause." It is not to be disputed, that Governor Sullivan was much dis satisfied with the course of policy adopted by the leaders of the party to which he belonged. He was so, especially, with the embargo, and with the measures pursued to enforce that system. It was the pleasure of Mr. Jefferson, that no citizen should import a barrel of flour from southern states, without having permission from an agent appointed by himself. Governor Sullivan was in trusted with granting such permissions for the whole state, under the belief that he would make party allegiance his rule in dis pensing his favors. He gave permits to every one who asked for them, and Mr. Jefferson complains in one of his published letters to Lieutenant-Governor Lincoln, that permits were not given to those of the true faith only, but to everybody, and were openly sold in the southern markets. He soon declined the honor of being Mr. Jefferson's agent in this party monopoly. Governor Sullivan had the disadvantage of an inferior educa tion, and of being drawn into an active agency in public affairs at an early period of life. He was a man of extraordinary in dustry and energy, and did much to remedy the defects of early education by his own exertions. He lived in troublesome times, and when no man of any eminence could avoid being of some party, nor escape the feelings which such times necessarily excite. In private life he was social and hospitable. As a public man he ON PUBLIC CHARACTERS. 291 was diligent and ardent. He was a member of many societies, and president of several of them. Judging from the tenor of his life, one would think that no honors could compensate for the toils and anxieties of public station. When Lieutenant-Governor Lincoln thus came to the exercise of executive power, the long embargo had been in operation more than twelve months. This magistrate shows himself, in the speech which he made at the opening ofthe session, heartily disposed to compensate the people of Massachusetts for the defect of loyalty to Mr. Jefferson, disclosed in the administration of the magistrate whose place he filled. There was a new call for his zeal in the abominable enforcing act (of the embargo), passed on the 9th of the same month of January. His honor made a long and elaborate speech to a federal legis lature, and seemed not to have been aware, that he laid himself open to be answered in a manner which became a yet free but indignant community. There are two kinds of despotism: 1. That which one man may exercise, who has united in himself all the powers of govern ment ; 2. That which is exercised by a popular chief, in the name of liberty and the people. The latter is by far the most terrible, because it implies that the physical strength, as well as the mere forms of law, is arranged to sustain it. It is the more dangerous, too, because those who exercise power under such despotism really believe, that they are performing their duties in counteracting the enemies of the republic. Although the clear tendency of Lieu tenant-Governor Lincoln's measures, in sustaining Mr. Jefferson, deserved no better name than tyranny, since it was in effect to establish the power of one man, and to deprive free citizens of the right to discuss the measures of public agents, chosen by themselves and responsible to them, yet such a design is not to be attributed to him. He may be supposed to have considered himself to be doing what it was his duty to do, as a republican chief magistrate. Yet no one can read his speech to the legisla ture of Massachusetts, (January, 1809,) without perceiving that 292 FAMILIAR LETTERS the doctrines therein contained would, if carried but little further, have submitted the United States to the mere will of Thomas Jefferson and his adherents. His honor very plainly intimates his own belief to be in perfect conformity with that conviction which'Mr. Jefferson's fourth volume discloses, viz., That Massa chusetts was the hotbed of disaffection, disunion, and traitorous designs. His honor spoke to men who understood him, and who felt indignant at his insinuations. They should rather have felt sorrow and compassion for the delusions of party, while they re pelled (as the following extracts from their answers will show they did), his honor's unfounded suggestions. The Senate (among other things) said: "We are happy to accord with you, 'that our enemies alone could have represented the New England states, as prepared for opposition to the authority of the law, and ripening for a secession from the Union.'* The people of New England perfectly understand the distinction between the constitution and the administration. An administration may be come corrupt, but the people will remain pure. Who shall decide when the public functionaries abuse their trust? The 'meetings,' to which you allude, have been attended by men second to none in the United States, for their legal and political knowledge, for their love of order, and for their patriotism. Can such assemblies of citizens merit censure in a republican government ? Can it be necessary to remind your honor, that the administration of Wash ington produced precisely the reverse of the picture, which you have drawn so much to the life? ' Whence then the causes of dis trust, jealousy, altercations, and bitter aspersions' upon that great and good man, and upon all who were attached to his measures? ' Whence the ever to be regretted indiscretions, suddenness, and indi vidual rashness, which denounced' an administration, that safely guided the people to prosperity and glory, amidst great and impending dangers? We have seen as little of the spirit as of policy, in the embargo system. We know that the Emperor * Words in italics, quoted from the lieutenant-governor's speech, and by him applied to Jefferson's administration. ON PUBLIC CHARACTERS. 293 approves, if he did not dictate the measure. We know that Great Britain receives immense advantage from the surrender to her of the whole trade of the world ; and we cannot imagine why the people should be called on to endure 'privations,' unless the administration, having failed to operate on the fears, or interests of the ' warning powers,' expect, ere long, to obtain relief from their compassion." The House of Representatives, (among other things,) answered : " The legislature and people of Massachusetts now are, and have ever been firmly and sincerely attached to the union of the states ; and there is no sacrifice they have not been, and are not now will ing to submit to, in order to preserve the same according to its original purpose. Of this truth your honor must be convinced. We do not appeal to the unvarying conduct of our citizens during the glorious administrations of Washington and Adams, when the patriotic endeavors of our statesmen, under the most perplexing embarrassments, pursued and secured the interests and honor of the nation. But we can appeal to the patience with which our citizens have borne the administration of those, whose boast it has been to proscribe all the measures of their predecessors, and most of the men whose talents and virtues had assisted in secur ing to the United States the blessings of a free government. It ought not to be a matter of surprise that men, who, either on the floor of Congress, or elsewhere, have adopted measures hostile to the Union, and subversive of its principles, should endeavor to brand with the calumny you mention, the efforts of those who sin cerely aim at preserving the constitution, by demonstrating the tendency of their acts ; and who studiously exert themselves to prevent a dissolution of the federal compact, by stating the dangers of such an event. We cannot agree with your honor, that in a free country there is any stage at which the constitutionality of an act may be no longer open to discussion and debate ; at least, it is only on the high road to despotism, that such stages can be found. Were it true, that the measures of government, once passed into an act, the constitutionality of that act is stamped 25* 294 FAMILIAR LETTERS with the seal of infallibility, and is no longer a subject "for the deliberation, or remonstrance of the citizen, to what monstrous lengths might not an administration carry its power ! It has only to pass through rapid readings and midnight sessions, without allowing time for reflection or debate, to the final enactment of a bill, and even before the people are informed of the intentions of their rulers ; and then their chains are riveted, and the right of complaint denied them." It may be inferred, from these extracts, what the character and tendency of the republican lieutenant-governor's speech was ; and with what constitutional and honorable spirit it was met by the true friends of the national union. The long answer of the House of Representatives is full of real republican principles; such principles as must govern in this land, or the doctrines of the lieutenant-governor must be admitted, namely, that the ad ministration is everything ; and their electors nothing. These events occurred about twenty-four years ago. It was then the Jeffersonian creed, that the executive and legislative, united, were supreme ; do what they might, the people must sub mit. This was received by freemen with indignation, and the tyrants retraced their steps. But now, in 1834, we have made an astonishing advance ! One man has dared to do, in the cha racter of President of a free republic, what no monarchy in all Europe, crowned in right of hereditary succession, would venture to propose; and a majority of the House of Representatives look on and applaud! While Lieutenant Governor Lincoln was at the head of the Commonwealth, he had not only the difficult duty of vindicating Mr. Jefferson's measures generally, but the highly responsible and special one of doing his will under the enforcing act. He took an extraordinary course to effect this object. The Governor, as commander-in-chief, issues, according to military propriety, his orders through the adjutant-general to the1 major-generals of divisions, and requires of them to detach such force as occasions call for. Such chief cannot be supposed to know, officially, that ON PUBLIC CHARACTERS. 295 there can be any difference of opinion among those who bear arms, and are subject to orders of superiors. All are equally bound to render any legal service which is required. But his honor dispensed with all such forms, and took the unprecedented course of writing to such subaltern officers as he, in some way, had found out to be good sound Jeffersonians, and passed by all superiors, whom he, in some way, knew, or suspected to be of a different order. His circular, on this occasion, is worth transcrib ing, as a curious instance of what a genuine republican chief magistrate may sometimes think to be his duty. " The President of the United States has directed the Secretary of War to request me to appoint some officer of the militia, of known respect for the laws, in, or near each port of entry in this state, with orders, when applied to by the Collector of the District, to assemble a sufficient force of his militia, and to em ploy them efficaciously, to maintain the authority of the laws respecting the embargo. The President is peculiarly anxious, that the officers selected should be such, who can be best confided in to exercise so serious a power. Recollecting, that in the happy government established by the American people, the character of the citizen is not lost in that of the soldier, and that coolness, prompt obedience, and a sacred regard to the rights of society and individuals are essential to both, you will duly appreciate this opportunity of serving your country, and of even increasing the confidence she has placed in you." This service was force by one class of citizens, distinguished by a political creed and by subserviency to Thomas Jefferson's will, against another class who considered him as depriving them of rights guaranteed by the constitution, with no other motive than to aid Napoleon to enforce his continental system. The House of Representatives very properly inquired into this alarming use of power; — and resolved, that these orders were irregular, illegal, and inconsistent with the principles of the constitution; tending to the destruction of military discipline; an infringement of the rights and derogatory to the honor of both officers and sol- 296 FAMILIAR LETTERS diers; subversive ofthe militia system, and highly dangerous to the liberties of the people. The legality of this measure and its effect can best be com prehended, by imagining selected bodies of militia to be placed at the disposal of President Jackson's collectors of ports ; and by imagining, that these bodies might be called into action against the citizens, whenever these collectors might be of opinion, that their agency was necessary in maintaining the majesty of the President's will! LETTER LIII. November 10, 1 833. The experience hitherto had under our republican institutions clearly shows, that the only possible mode of preserving these institutions is to awaken the whole community to the progress of usurpation, and to rely on the people to save themselves. The Jeffersonian delusion had taken such absolute control over the reason of a majority of the nation, that there was no hope of dis pelling it. But this was otherwise in some of the states, and so proved to be in Massachusetts. The effect of the embargo and the tyrannical measures adopted to enforce it, the poverty and distress which were daily increasing, compelled the citizens to investigate causes, and to think for themselves. They were able to distinguish between the real friends and supporters of con stitutional policy, and those who pretended to be such. In April, 1809, Christopher Gore was supported by the fede ralists for the office of governor, and was elected. He is the same citizen who is mentioned in Mr. Jefferson's fourth volume, as one of the most eminent of the monarchists and Anglomen. The people of Massachusetts, among whom he may be presumed ON PUBLIC CHARACTERS. 297 to have been better known than he could have been to Mr. Jef ferson, did not so regard him. Whether Mr. Jefferson was right, or whether Mr. Gore was a political hypocrite, may depend, in part, on the impression which the following extract from his speech to the legislature may make. It was delivered on the 7th of June, 1809. "Educated at a time when the principles of civil liberty were investigated and discussed by the sages and heroes who conceived and accomplished our glorious revolution, my strongest and ear liest impressions were in favor of that well-regulated freedom, which is secured by our excellent constitution. An absence of eight years in the service of our common country, by the oppor tunity it afforded of remarking the circumstances of other nations, served to confirm, and, if possible, to increase the respect and reverence I had previously imbibed for the civil and religious institutions of my native state. A comparison of our condition with that of any other people, must convince every one of the enviable situation in which we are placed, and of the superior means afforded to us, for enjoying all the blessings of which social life is capable. " To adopt a rule, that no man is to be selected for office, un less he be of the particular sect or party of those who administer the government, or subscribe to their political creed, is to estab lish a principle, not only not recognized by, but directly repug nant to the constitution. It is, moreover, highly unjust to the people, as it narrows the choice for office, and may frequently exclude from their service the purest integrity, the highest capa bilities, and the best dispositions. It is considering government as instituted, not for the common good, but for the exclusive advantage of an association or party of men. " The history of the United States, and of this state, has ever shown Massachusetts submitting with cheerfulness to the most important sacrifices, for supporting the common cause and gene ral interests ofthe Union; and this without the smallest dis position to dictate to the other members of the confederacy. Un- 298 FAMILIAR LETTERS der the distressing circumstances of the last year, the legislature did what duty rendered indispensable, and surely they did no Extract from the answer of the House of Representatives. " We feel sincere pleasure in the assurance of the observance, on the part of your Excellency, of those great fundamental prin ciples of the constitution, and of all republican governments, which ought never to have been denied in argument, nor violated in practice. We rejoice in a recurrence to the first principles of the social compact ; that all power resides in the whole people; that government is instituted for their 'protection, safety, pros perity, and happiness,' and 'not for the profit, honor, or private interest of any one man, family, or class of men ;' in short, that offices of honor or emolument are not intended to strengthen the hands of party, but to promote the public good. They ought not to be bestowed as bribes, to induce or reward political fidelity or apostacy ; but to place the public interest in the charge of men, whose principles and feelings secure their interest in its support." In this political year, commencing the last Wednesday in May, 1800, among the names which appear in the executive and legis lative departments, are the following: Christopher Gore, Governor ; David Cobb, Lieutenant Gov ernor ; Edward H. Robbins, Artemas Ward, Thomas Dwight, Ephraim Spooner, Prentiss Mellen, Oliver Fiske, Nathaniel Dum- mer, William Prescott, Daniel Dewey, members of the Executive Council. Harrison Gray Otis, President of the Senate, William Spooner, John Phillips, Peter C. Brooks, John Welles, Suffolk Senators; and a majority in that branch, of men of like character. Timothy Bigelow, Speaker of the House. Among the mem bers who represented Boston, were William Brown, William Phillips, Daniel Sargent, Benjamin Russell, John Parker, Joseph Head, Charles Jackson, William H. Sumner, Daniel Massenger, Warren Dutton, John T. Apthorp, and twenty-six others of like ON PUBLIC CHARACTERS. 299 character and of various vocations; and a majority of men of like standing in the House. It was at this time, that Mr. J. Q. Adams imagined, that a dan gerous conspiracy was going on to sever the Union, and establish a northern confederacy. As these citizens who have been men tioned, and many others of like character and condition, were those who directed the tone of public sentiment at that time, cer tainly Mr. Adams would find some of his disunionists and con spirators among those who have been named.* It belongs to him to point them out, and to compare the opinions, by them publicly expressed, with any other opinions which he knows them to have expressed or entertained. Those of the seat of government have been mentioned rather than others from other parts of the state, because it appears, that Mr. Madison particularly alludes to this " seat of government" as the seat of conspiracy. Of those who have been mentioned as members of the execu tive or legislative branches, Mr. Gore and Mr. Otis will be else where mentioned. There are others whom it may be proper to notice more particularly here. General Cobb, who was Lieutenant- Governor, had been a member of General Washington's military family during most of the war. He was a physician ; and after the peace he resumed his practice at Taunton, and was Chief Justice of the Court of Common Pleas. In the times when the insurrectionary spirit displayed itself in his county, he was major- general of the militia as well as chief justice of the court. He * There is one man, but lately deceased, who has done more good to the American nation, than some who have called forth extravagant eulogies, or than one man, who has been figured in bronze and marble. A sensible, well-informed, diligent editor has a powerful influence on public opinion. Benjamin Russell, editor of the Centinel for nearly half a century, was not surpassed, if equalled, by any man in that vocation, since the revolutionary war. He was the best commenta tor on the belligerent events of Europe that there then was in the United States. He was well versed in the character of men, and in the bearing of party policy at home. His long-continued paper is an historical treasure. Benjamin Russell de serves well of his country. 300 FAMILIAR LETTERS left the bench to exercise his military command ; and declared, that "he would sit as a judge, or die as a general." General Cobb was a man of middle stature and of full person; his face was large, and expressive of a manly and resolute heart. He was frank, sincere, and honorable ; and expressed his opinions without reserve ; and, thinking as he did of the opponents of Washington and of the friends of Jefferson, he sometimes gave opportunity to his political adversaries to quote his sayings to their advantage. But a more pure, kind-hearted, honorable gen tleman than General Cobb never lived. He was full of good so cial feeling, and was welcome and gratefully received in the cir cles, where the rational enjoyment of whatsoever is pleasant to the senses, derives a value from the interchange of intellectual sym pathy. He prolonged his life by a course of remarkable absti nence, after having been the delight of social circles for no small portion of his days. He was a true Washington-man in all his political feelings, and saw, with sincere regret, the decline and probable extinction of the true principles of republicanism, which he had devoted the meridian of his life to secure and pre serve. Timothy Bigelow, for a series of years Speaker of the House, was a lawyer of eminence in the county of Middlesex. Perhaps no man has spoken to so many juries as Mr. Bigelow. He was most faithfully devoted to the cause of the revolution. His ear liest impressions were associated with the great contest for liberty. He used to speak with enthusiasm of the national constitution and of the Union, as consequences of success. He was a kind-hearted, friendly man, and had many affectionate friends. He was dis tinguished as a man of taste ; towards the close of his life he took great delight in horticultural employments, and may claim with others the merit of exciting the demand for this gratification, which has now attained an eminence, associated no less with science than with pleasure. Mr. Bigelow was a tall man, well formed, and of courteous manners. He had the narrative gift in ON PUBLIC CHARACTERS. 301 an eminent degree ; which, among other qualities, made society with him exceedingly grateful. To one who looks back on what the social world wras, it seems as though money-making and selfishness had frozen the currents of the heart. That frank, friendly, social, hospitable intercourse, which was once the delight of this land, is gone, (it is feared,) for ever ; and the cold, calculating spirit of accumulation, or the worthless emulation of show and splendor, has succeeded. Among those who have been mentioned as participating in the government of 1809, there are some yet alive. It would be grate ful to speak of them as they should be spoken of, as Well as of some, who are not here to see the withering of the hopes which they delighted to cherish. In the first case, there is the risk of offending men who are not solicitous of the world's notice ; and in the second, the field is unlimited, and there must be a stopping- place somewhere. It might have been supposed, that intelligent and far-sighted merchants would have been better judges of their own interests, than southern planters, or than lawyers, or cultivators from the new regions of the west. Good or bad judges, they condemned, almost with unanimity, the policy of Jefferson and Madison. Those, who had the most to lose, or to gain in commercial enter prises, were the most decided in their condemnation. Few of the eminent merchants of those days are here to lament similar grievances and follies of the present day. Among those who are no longer among us, and who might be distinguished as in telligent and accomplished men of business, were James Perkins and Thomas C. Amory* The former and his partner, Thomas H. * It cannot be unacceptable to any one who knew Thomas C. Amory, to offer a passing tribute to his memory. He died in November, 1812, at the age of 44. He was a tall man, of amiable and intelligent countenance, of frank and courteous manners, of clear, sound judgment, and executive capacity. Such qualities may not distin3guish him from some others ; but he had qualities, which if they did not so distinguish him, placed him high among those who are so fortunate as to have the like ones. He had as kind and friendly a heart as ever beat in human bosom. He was considerate of others ; the friend and the visitor of the sorrowful and un- 26 302 FAMILIAR LETTERS Perkins, were the first Canton merchants in the world. Thomas C. Amory was extensively engaged in very varied commerce on the ocean. To these might be added hundreds of others, who were large ship-owners. None of these could discern anything in the commercial measures of the administration, but defeat Of their plans and ruin to their prospects. There can be little doubt, that the care and solicitude concern ing ships, merchandise and seamen, manifested by Jefferson and Madi.son, were mere pretences. Neither of these gentlemen dif fered in opinion from Napoleon on such subjects; and he fully accorded with the Romans, (as shown by Cicero,) in placing mer chants among the lower orders of society. These friends of liberty seem not to have known, that commerce and liberty are twin sis ters ; that merchants have been the true patrons ofthe arts, of science and literature ; the munificent supporters of public and charita ble institutions ; the ornament of social life. Even in our own little community, how many instances are fresh in memory of noble liberality among merchants ? In the same street are seen two spa cious buildings, formerly the dwelling-places of two brothers, one of them the gift of one of these brothers to the Athenaeum,* the other, the gift of the other brother, as an asylum for the blind;! gifts, not postponed to the time when the owner and his property must part for ever, but while the donors were in full life. To commerce also are we indebted for one of the most valued chari ties in the nation. A merchant bequeathed an hundred thousand dollars to the Lunatic Hospital.:). These are the fruits of that commercial dealing which Jefferson and Madison heartily de spised. There will be found, in a subsequent page, some notice of Jefferson's opinions on merchants; and no difference is known between his opinions and those of Madison. fortunate; and of noble generosity. He was eminently hospitable, and one of the most acceptable companions that ever adorned a sopial circle. His death, in the zenith of manhood, was a mournful bereavement. At this long distance from that event, survivors remember him with a freshness of feeling and interest, which makes it seem as the loss of yesterday. * James Perkins. f Thomas Handasyde Perkins. J John McLean. ON PUBLIC CHARACTERS. 303 The embargo having been removed, and the busy citizens of Massachusetts having engaged in their accustomed vocations; and thinking more of these than of political dangers and duties, an opportunity again occurred for the friends of the people to take a majority into their custody. Elbridge Gerry was by them nomi nated against Governor Gore, and was the successful candidate. He was the chief magistrate from May, 1810, to May, 1812. As there is nothing to be said of his administration which one could take pleasure in saying, so the pain of speaking of it as it may have deserved maybe avoided. When the time comes for writing the sober History of Massachusetts, the historian will find abundant materials for his work in these two years ; and the ex ercise of party power in districting the commonwealth for the choice of senators, is particularly commended to his notice. He will find the language enriched by a new term, (Gerrymandering,) which may often find a suitable application, when the origin of it may have been forgotten. He may find it in the patriotic labors of the two years in which Mr. Gerry was Governor of Massa chusetts. The dark and mysterious administration of Mr. Madison, the able and enlightened discussions of the press, the exercise of power in Governor Gerry's time, the apprehension of war with Great Britain, and of alliance with France, again called the atten tion of our community from their private affairs to the duties of citizens. It was a relief and gratification, hardly to be described, to one portion of the people of this state, that they were to have, at the head of the Commonwealth, the calm, steady, constitutional republican Caleb Strong, in the trying times that were expected, and not Elbridge Gerry. If this change had not occurred, the condition of Massachusetts and of its militia cannot be contem plated without dismay. There must have been a civil war, or the militia would have gone to lay their bones in Canada, in the fruitless, hopeless attempt to conquer that country; while the seaboard would have remained subject to all the miseries which a vindictive foe could inflict. 304 FAMILIAR LETTERS LETTER LIV. November 16, 1833. Mr. Jefferson's political life and his embargo system termi nated about the same time, the former on the fourth, the latter on the fifteenth of March, 1809. The American people resumed their industry as well as they could, under the remaining embar rassments of non-intercourse with England, which was a serious one, and with France, which was believed to be a mere show of impartiality, and of little real importance. Mr. Jefferson retired to Monticello. In what manner Mr. Jefferson disposed of himself, during the seventeen years through which his life was prolonged, he has permitted the world to know from his volumes. With the help of these it may be proper to inquire into his real motives for proposing and insisting on the continuance of the embargo, be cause in the sweepihg demand of his idolizers for gratitude and admiration, this measure makes a prominent figure in the acts on which that demand must be founded. The declared motive for this measure, (unprecedented any where in the world, unless in China,) as expressed in the message proposing it, was to protect "our vessels, our seamen and mer chandise from the belligerents." No one can know the real motive of Mr. Jefferson so well as himself; and he says, that the motive assigned in his message was not the real one. On the 25th of December, 1825, he wrote a letter to his faithful friend, William B. Giles, (vol. iv. p. 519,) in which he gives an account of an interview with Mr. John Quincy Adams. He therein sets forth, that Mr. Adams "spoke of the dissatisfaction of the Eastern portion of our confederacy with the restraints of the embargo then existing, and their restlessness under it. That there was nothing which might not be attempted to rid themselves of it : that he had information, of the most unquestionable cer- ON PUBLIC CHARACTERS. 305 tainty, that certain citizens of the Eastern states, (I think he named Massachusetts particularly,) were in negotiation with agents of the British government, the object of which was an agreement, that New England should take no farther part in the war then going on," &c. [Mr. Jefferson then goes on about the war, which had not yet happened; and perhaps alludes to some other patriotic communication of Mr. Adams about his fellow- citizens of Massachusetts.] "I expressed," (says Mr. Jefferson,) " a just sense of the merit of this information, and of the import ance of this disclosure to the safety, and even the salvation of our country; and, however reluctant I was to abandon the measure, (a measure, which, persevered in a litthlonger, we had subsequent and satisfactory assurance, would have effected its object com pletely,) from that moment, and influenced by that information, I saw the necessity of abandoning it ; and instead of effecting our purpose by this peaceful weapon, we must fight it out, or break the Union." What was the object to be completely effected ? Certainly not the preservation of vessels, seamen and merchandise, for that was effected when the embargo was imposed. Was it to compel England to renounce her blockades, and to cease to violate our neutral rights? These objects were obtained by the treaty of 1806, which Mr. Jefferson rejected. Was it to prevent impress ment? How would the continuance of the embargo "a little longer" have effected that object? This matter had been arranged with Pinckney and Monroe, in London, to their satisfaction, but not to that of Mr. Jefferson. There is some ground to believe, then, that Mr. Jefferson confesses he misrepresented his motive in proposing the embargo to Congress, in December, 1807; and that he admits the embargo to have been a hostile measure to England ; or, in other words, a part of the continental system. The sum of Mr. Jefferson's political wisdom in this matter comes to this : He was willing to impose an annual loss oi fifty millions on his own countrymen, and enforce his system of restriction at the point of the bayonet, to aid Napoleon in humbling England. This 26* 306 FAMILIAR LETTERS it would doubtless have pleased him to do, even at that cost, with all its consequences. It is surprising, that this wise statesman was the last man in the nation to perceive, that his costly, oppres sive and ruinous measure had no tendency to effect his object. In another part of the same volume, (iv. p. 125,) Mr. Jefferson gives a different version of his embargo policy, in a letter to Du- pont de Nemours. He therein contradicts his resolution formed on Mr. Adams' statement of the restlessness and plots of the East and North. He says: " The edicts of the two belligerents, for bidding us to be seen on the ocean, we met by an embargo. This gave us time to call home our seamen, ships and property ; to levy men, and put our seaports into a certain state of defence," (by building gun-boats?) " We have now taken off the embar go, except as to France and England and their territories, because fifty millions of exports annually sacrificed are the treble of what war would cost us ; besides, that by war we should gain some thing, and lose less than at present." It requires all Mr. Jefferson's ingenuity to reconcile this with his remarks found in vol. iv., p. 148, in a letter to General Dear born, and also with his opinion on Mr. Adams' disclosures : " The federalists, during their short-lived ascendency, have, neverthe less, by forcing us from the embargo, inflicted a wound on our interests, which can never be cured ; and on our affections, which will require time to cicatrize. I ascribe all this to one pseudo- repubhcan Story. He came on, and staid only a few days; long enough, however, to get complete hold of Bacon,* who giving in to his representations, became panic-struck, and com municated his panic to his colleagues; and they to a majority of the sound members of Congress." The comparison of these various accounts ofthe matter leaves one in no doubt, that Mr. Jefferson really intended to promote the views of Napoleon by the embargo, and that the " preservation," set forth in his message, was only the mask of the true purpose. * A member of the House of Representatives from Massachusetts ON PUBLIC CHARACTERS. 307 By keeping the vessels of the United States at home, he pre vented the products of the United States from reaching England, and the products of England from coming to the United States. This was one step beyond Napoleon. It looks as though Mr. Jefferson had, in this matter, suggested what was false, and sup pressed what was true. But then it should be remembered, that he thought it was right to do so. That is, it was right, by any means, and at any cost and oppression to his own countrymen, to strengthen France in her war of destruction against England; and at the same time to break down monarchists and Anglomen. Nevertheless, on this " calm revisal," the embargo system is not a ground on which the admirers of Mr. Jefferson can safely rest his fame for wisdom and virtue, in days to come. It may be asked, what a wise and honest President would have done in this state of the country? He would have waited for the result of the negotiations in England. When the treaty came, as it provided effectually for every subject of controversy but that of impressment ; as there were assurances on that subject as satisfactory as can ever be expected from a maritime nation, he would have ratified the treaty. If he did not dare to recom mend a defensive war against France, he would have left it to the good sense of merchants to regulate their own affairs, and to have taken their chance upon the ocean. The marine of France was little to be feared. Mercantile ingenuity would have discerned modes of profitable commerce ; and the gain of successful enter prise would have far exceeded occasional loss. If Mr. Jefferson really intended to protect seamen, ships and commerce, he was not statesman enough to know how this could be effected. It is most consistent with his own declarations to believe, that these objects were sacrificed to promote his own purposes. 308 FAMILIAR LETTERS LETTER LV. November 20, 1833* Mr. Jefferson may be considered under two aspects : First, as a witness against a large portion of his fellow-citizens. Secondly, as a citizen and statesman, who confidently claims the respect and gratitude of his country and of posterity, for eminent public services; services which, he says, no other man but himself could have performed. Under the first aspect, he presents himself in a character which seriously affects the memory of the dead, the feelings of the living, the honor of his country, and the interests of mankind. If Mr. Jefferson is a credible witness, the men who conducted the American revolution, who founded the national government, and who administered our national affairs for the first twelve years, were the most unprincipled, profligate and wicked body of men who are known in history. They are worse than the Roman triumvirates and their associates, for these did not conceal their purposes, but did their work openly. If Mr. Jefferson is a credible witness, he casts a deep and discouraging shade on the hopes of mankind, that there are honor, intelligence and virtue enough in the world, to assert and maintain the right to rational self-government. In the second aspect : if Mr. Jeffer son did not render such services to his country; if he rendered to it no service, which entitles his memory to respect and grati tude ; if he misapplied his trust ; if he established theories tend ing to destroy republican government; if he oppressed and afflicted his country more than any man who has lived in it; if he established a party dominion, unknown and repugnant to the constitution ; if such dominion is seen to be here, as elsewhere in the history of nations, the precursor of popular despotism, and that, the precursor of military despotism, it is time that Mr. Jef ferson's example and doctrines should be understood in tlTis land; ON PUBLIC CHARACTERS. 309 it is time that dignified senators should cease to read his books, as an authority in their discussions. There was no one among those whom Mr. Jefferson has spent so much time in defaming, who did not learn with regret, that the abstraction from his private affairs, his unavoidable expendi tures, his liberal hospitality, and the general effect of his own policy, had imposed upon him, in the decline of life, some em barrassments. Alive to this state of things, he sought relief, by suggesting the grant of an authority from the legislature of his native state, to sell his property by lottery. Congress had done for him a very liberal act in the purchase of his library, to replace that destroyed by the British, in that war which Mr. Jefferson could have easily prevented, but did not. To induce the legislature so to interpose, Mr. Jefferson made an elaborate disquisition on the policy of lot teries, which appears in his 4th volume, pages 428-438. Having established the utility and the morality of lotteries, he goes on to show the propriety of extending the benefit of such a measure to himself, on the ground of his public services. He sets forth what he had been, and what he had done. As to the services done to his native state as there enumerated; that is, in abolishing "hereditary and high-handed aristocracy," "the right of primo geniture" (in a community dependent on a peculiar sort of labor) ; attacking a "dominant religion;" in other words, taking from Episcopalian clergymen their parsonages and glebe lands; and his services as "governor," are all matters for the consideration alone of Virginians. To the same parties may be referred his foresight and good sense in the establishment of the University, in which, it is said, there is no provision for religious instruction. It is the present purpose to consider him only as a national citizen and ruler. Mr. Jefferson refers to the address of the legislature of Virginia,. oh his retirement, in 1809, as illustrative of his merits. He adds : "There is one service, not therein specified, the most important in its consequences of any transaction in any portion of my life; to 310 FAMILIAR LETTERS wit, the head I personally made against the federal principles and proceedings, during the administration of Mr. Adams. Their usurpations and violations of the constitution, at that period, and their majorities in both Houses of Congress were so great, so de cided, and so daring, that, after contesting their aggressions inch by inch, without being able in the least to check their career, the republican leaders thought it would be best for them to give up their useless efforts there ; go home, and get into their respective legislatures, embody whatever resistance they could be formed into, and, if ineffectual, to perish there as in the last ditch. All, therefore, retired, leaving Mr. Gallatin alone in the House of Representatives, and myself in the Senate, where I presided as Vice President. Remaining at our posts, and bidding defiance to the browbeatings and insults, by which they endeavored to drive us off also, we kept the mass of republicans in phalanx together, until the legislatures could be brought up to the charge ; and nothing on earth is more certain, than that if I myself, par ticularly, placed by my office of Vice .President at the head of the republicans, had given way and withdrawn from my p6st, the republicans, throughout the Union, would have given up in de spair, and the cause would have been lost for ever. By holding on, we obtained time for the legislatures to come up with their weight; and those of Virginia and Kentucky particularly; hut more especially the former, by their celebrated resolutions, saved the constitution at its last gasp. No person, who was not a wit ness of the scenes of that gloomy period, can form any idea of the afflicting persecutions and personal indignities we had to brook. They saved our country, however. The spirits of the people were so much subdued and reduced to despair by the X Y Z impos ture, and other stratagems and machinations, that they would have sunk into apathy and monarchy, as the only form of government which could maintain itself." Certainly this great service well deserved not only a lottery, but a bronze statue, even if Mr. Jefferson had never laid and enforced an embargo, or built a gun-boat. ON PUBLIC CHARACTERS. 311 , But this gentleman does himself injustice by commencing the detail of his services in demolishing the " hydra of federalism," (as he somewhere calls it,) with his patriotic valor,, while in the chair of Vice President. He might consistently have ranged under the same head, his patronage of Freneau, Bache and Du ane, (honorably mentioned in his volumes,) as his coadjutors in this service to his country. He might have mentioned his libe rality to that "man of science," James Thompson Callender. Nor ought he to have disregarded the author of "The Age of Reason" and of the "Letter to Washington," to whom Mr. Jef ferson paid the national compliment of offering him a passage from France in the Maryland sloop of war; and for whom he offers the "sincere prayer:" "May you long live to continue your useful labors, and to reap their reward in the thankfulness of nations." (Vol. iii., p. 459.) If these patriots had not aided Mr. Jefferson with their pens, it is really doubtful, whether Mr. Gallatin and "myself" could have been sufficiently strengthened to stand in the gap against browbeatings and indignities, until the constitution was rescued from the hands of its enemies. As France and Jeffersonism on the one hand, and England and federalism on the other, constitute the two great parties, to uphbld the one of which, and destroy the other, Mr. Jefferson toiled and devoted his patriotic life, he has done himself another injustice. He should have gone back to his report of December, 1793, made when he was Secretary of State, and which disclosed the true principles on which his own administration and that of Mr. Madison were founded. He should have taken to himself the merit of following this out during twenty years, through commer cial restrictions, evasive and deceitful negotiations, gifts of mil lions to Napoleon, oppressive and tyrannical embargo, and, finally, war, unprepared for, costly and profitless. Mr. Jefferson did himself still another injustice, (as he com mences with his manhood,) in saying nothing of the declaration of independence. This was one of his proud achievements ; and the facsimile of it is appended to his fourth volume. This gen- 312 FAMILIAR LETTERS tleman's friends have treated this production, as though it were an original invention; the true corner-stone of the revolution laid by this great architect. One would not take from Mr. Jefferson any trophy wherewith he may think he ought to be adorned. The declaration is a writing highly honorable to him, the most so of any that came from his pen. It is a solemn and sacred writ ing, and privileged from all criticism. If his admirers had asked for him no other praise than this, it would have been improper to touch on this matter. But these admirers have referred to this authorship as proof, that Mr. Jefferson could not err as to the constitution, or in patriotism, or policy. Such a shield it ought not to be. This writing sets forth why a declaration should be made ; next, a recognition, (not an invention,) of social and po litical principles ; then a statement of British tyrannies ; and then the inference, that the colonies have the right, and that it is their duty, to free themselves from the parent country. It concludes with a solemn pledge to maintain freedom and independence. Now it cannot be denied, that such were the sentiments which thousands of our countrymen entertained at that day. They had been again and again expressed in popular essays, in congres sional speeches, and on so many occasions, that in June, 1776, there could be no new thoughts. Mr. Jefferson has the merit of having taken these thoughts, (as much his own as of hundreds of others, and no more,) and of having arranged them, and clothed them in suitable and expressive language. This is meritorious^ and this country is grateful for the acceptable manner in which that work was done. But this is not a satisfactory reason, why Mr. Jefferson should be considered as having done equally well, all that he ever afterwards undertook to do. Let him have the full credit of that labor ; and judge of him righteously as to all others. Mr. Jefferson, with perfect consistency, does claim for himself respect and gratitude for establishing the doctrine of Nullifica tion. He boasts, that he was the author of the Kentucky resolu tions in 1798, and the promoter of like resolutions in Virginia, in the same year. These resolutions declared two laws of Congress. ON PUBLIC CHARACTERS. 313 to be null and void. (Sedition and Alien.) Here is found (as admitted by Mr. J. C. Calhoun, in his publication of his "Senti ments," dated July 26, 1831), the real theory on which the state of South Carolina assumes to decide for itself, what laws of the Union it will obey, and which of them it will resist with force and arms. If Mr. Jefferson had done no other acts tending to disunion and civil war, his memory deserves any sentiment rather than that which he demands for himself of his countrymen. LETTER LVI. November 25, 1833. Mr. Jefferson's volumes make known to any one who has the necessary patience to read them, that he entertained opinions on social and political relations, which are utterly adverse to those expressed and maintained by the wise and virtuous republicans of the last two centuries. His opinions are entitled to no earlier origin than the days of the French Revolution. What can be less worthy of an intelligent mind than his theories on the rights of successive generations? and of the incapacity of one generation , to bind its followers by any obligation? What less acceptable to the lovers of order and social stability, than the periodical recur rence of rebellions ? It is not surprising that one who entertained such opinions, should gravely assert, that when the constitution ality of a law is doubted, the whole nation must wait until a con vention can be called by two- thirds of the states, to take the matter into consideration and decide upon it. (Vol. iv. p. 374.) Within a short time, a disciple of Mr. Jefferson has maintained the same doctrine in the Senate of the United States. In what 27 314 FAMILIAR LETTERS manner he was met and answered, (and with the general applause of the nation,) cannot be forgotten. To the same source is to be traced the impracticable, not to say absurd notions on currency and banking, which some persons maintain at the present day; notions, proved by the experience of all commercial people, and by none more than our own, to be untenable and visionary. In truth, all the disorganizing and' destructive " heresies," which certain politicians of the present times adhere to, are to be found in Mr. Jefferson's theories or practice. And yet this gentleman says, in obviating the objec tion oi precedent in allowing to him a lottery : " Let those who shall quote the precedent bring their case within the same measure. Have they, as in this case, devoted threescore years and one of their lives to the service of their country? Has the share they have borne in holding their new government to its genuine princi ples, been equally marked?" What pretension can Mr. Jefferson have to say that he did this? The original founders of this new government intended to bring, and did bring the people of the United States into a national Union: to secure to them the services of the most able and virtuous among them, in maintaining peace, commerce, and friendly intercourse with all nations ; to prepare for defence against foreign insult and aggression, and to resist and resent, when na tional honor demanded that course ; to promote internal commerce, and to keep the sovereign members of the Union in peace and' amity with each other ; to give to domestic ingenuity and enter prise their fair competition with other nations; to assuage and' compromise the jealousies and differences, which might be ex pected, from the expanding and unfolding of the powers of a great and increa.sing people. This intention was fully accom plished — accomplished to the surprise and envy of the elder world ; ahd if Thomas Jefferson had never lived, it is believed that this substantial and beautiful reality would not have been dissipated. He came into this new government, and by means which he has fully disclosed ; and there he ruled and reigned by the magic ON PUBLIC CHARACTERS. 315 of his pen.* Passing over his disastrous policy with foreign na tions ; the oppressions, losses, and sufferings which he inflicted on his countrymen ; grievous as these were, they are all nothing to that grievous wound which he gave to this " new government," and which seems likely to prove a mortal one. Mr. Jefferson drew the line between rich and poor in a republic where family influence is unknown, where inheritance depends on equal distribution, where wealth depends on industry and ta lents, and where the poor man's son is far more likely to attain to office and honor than the sons of the rich. Mr. Jefferson organ ized the elements which make up that monster — party ; he in vited apostacy ; he established the odious doctrine of " rewards and punishments ;" he made devotion to the man, not to the con-1 stitution, the passport to office ; he taught the "people," (as he calls them,) to sacrifice to per.sonal feuds and jealousies, their re spect for the institutions of their country. It was he who misled and debased the public mind, and who converted honorable and patriotic service in a free republic, into a low, selfish, and dis honest struggle for office. He led the way to popular despotism. The perils, sufferings, and dread of the present hour, are all from his impulse. That which is most to be lamented in all this, is his sincerity; his real belief that all was right; that all he did was truly pa triotic ; and that he is richly entitled to his reward, in the respect and gratitude of all succeeding generations. That which is truly disheartening to the friends of the constitution, of the Union, and of rational republican liberty, is, that there are so many in telligent and respectable men in the United States, who con- * This book' and the " History of the Hartford Convention," by Theodore Dwight, furnished a writer in the North American Review (No. 84, July, 1834), with an opportunity to give his views of " The old parties." It is a very remarkable pro duction. It required an answer, and one appeared in a pamphlet of forty pages, on the first of September, at Boston. In this may be found some disquisition on the magic of Mr. Jefferson's pen ; and some further development of his real cha racter, 316 FAMILIAR LETTERS scientiously believe, to this day, in "the great and good" Mr. Jefferson. But his glories are fading in the brilliancy of the " greatest and best," the rightful successor in the line of which Jefferson was the first. LETTER LVII. November 30, 1833. Mr. Jefferson found the United States, in 1801, at peace and in amity with all Europe ; in the enjoyment of a secure and pros perous commerce ; with a respectable navy ; a sound credit ; a learned and independent judiciary. He found, it is true, some increase of debt for money honorably and profitably expended, but which was insignificant and hardly to be felt under the effect of Alexander Hamilton's system of finance. He left the United States embroiled with England; more so with France; he had demolished the navy and the judiciary, so far as he had power to do it; he had banished the flag of the United States from the ocean ; he had cost the people in actual, but useless expenditure, and by unwise restrictions on commerce, an immense sum, which he estimated, merely as to exports for one year of the embargo, at fifty millions. The nation was probably one hundred millions the worse for Mr. Jefferson's philosophy and statesmanship. There is not the least doubt, that, if there had been a federal ad ministration instead of that of Thomas Jefferson, during his eight years, the people of the United States would have gained and saved together, a sum equal to the cost of the revolutionary war. But he had slain federalism, and this he distinguishes as the chief trophy of his political career.* * " The war, ad internecionem, which we have waged against federalism, has filled our latter times with strife and unhappiness. We have met it, with pain in- ON PUBLIC CHARACTERS. 317 What a difference would it have made to the people of this country, if Mr. Jefferson's successor had been an able, faithful, constitutional President of the United States, and not the mere chief of a vindictive and deluded party! Such a President, it is to be feared, the people of this country are never again to see. If they do not, it will be for the reason that Mr. Jefferson and Mr. Madison have been in the place of President. Mr. Madison was a wiser and a better man than Mr. Jefferson. He had done himself an honor, for which his countrymen should ever be grateful, in forming, recommending, and sustaining the constitution, jointly with Jay and Hamilton, against its irrecon cilable opponents. He was not mean and malignant, like Jeffer son. He was well informed ; an able debater ; a good writer; a man of comprehensive and useful mind. There is nothing in the life of Mr. Madison to show that he was not an honorable man. It was his misfortune to have adopted all the notions of Mr. Jefferson, as to France and England, and to have carried these fully into his administration. How far he acted in pursuance of his own judgment, and how far he yielded to the counsels of party, will never be known. This gentleman, it may be supposed, will not. order the publication of his confidential letters and of his "Anas," when he is dead. He will leave history to do its duty. It will do this, no doubt, impartially; and though it may not com mend his measures as a statesman and public agent, it will not disgrace him as a man. Mr. Madison may have better claim to charity than Mr. Jeffer son. The latter was the inventor of a course of policy in which the former was, probably, so deeply involved, that he could not escape from it, when placed at the head of the nation. A party chief soon finds himself a mere vassel. He well knows that his creators can annihilate. He has three alternatives; he can retire —he can throw himself on the confidence of adversaries and seek deed, but with firmness, because we believed it the last convulsive effort of that Hydra, which in earlier times we had conquered in the field." (Jefferson to Dr. Logan, May 11th, 1805, vol. iv., p. 35.) 27* 318 FAMILIAR LETTERS their support — he must do the will of his party. Mr. Madison embraced neither of the first two alternatives. If he adopted the last, his friends will support him by maintaining, that this was the true course of wisdom and patriotism. So far as the world knows, Mr. Madison sincerely approved of all Mr. Jefferson's policy. If so, his countrymen are the proper judges of his merits. It is certain, that Mr. Jefferson approved of all Mr. Madison's policy, as being a continuation of his own ; and being such, his countrymen will judge of his merits.* The first indication of Mr. Madison's devotion to Jeffersonism is found in his resolutions presented to the House of Representa tives in January, 1794, to carry into effect Mr. Jefferson's report, as Secretary of State, dated in the preceding month. The object of these resolutions is supposed to have been, to withdraw the commerce of the United States from England, and to bestow it on France. From this time to the close of the war, in 1815, he faithfully pursued the Jeffersonian policy of strengthening France, and prostrating England, and of breaking down federalism. In all this he was another Jefferson. It ought not to be doubted, that Mr. Madison was honest in all this, however unfortunate it may have been for his country. But this inference is to be drawn, that a mere partisan may become so thoroughly imbued with the spirit of party, as to be incapable of receiving any sentiment of an exalted and patriotic duty to a whole community. To every thing British Mr. Madison seems to have entertained a decided and unchangeable hostility. He associated all political opposi tion with his British enmity. The correlative of this was devo- * "My friendship for Mr. Madison, my confidence in his wisdom and virtue, and my approbation of all his measures, and especiaUy of his taking up, at length, the igauntlet against England, is known to all with whom I have ever conversed, or corresponded on these measures. The word federal, or its synonyme lie, may, there fore, be written under every word of Mr. Ralph's paragraph." (Jefferson to Leiper, June 12, 1815, vol. iv. p. 265.) What Mr. Jefferson meant hy friendship, is known from his 4th vol. p. 176. Et idem velle, et idem nolle, ea demutn amicitia est. (To have the same desires and aversions is friendship.) ON PUBLIC CHARACTERS. 319 tion to France. This devotion, equally manifested throughout the changes in that country, from the terrible misrule of democracy to the tranquillity of no less terrible despotism, in the person of imperial Napoleon, could have had no oth&r prompting, than the utility of prostrating, or humbling tyrannical England. We hope that no one will take the impression, from anything expressed in this volume, that any member of the Jeffersonian party was corruptly devoted to France. This party no more desired the subjugation of this country to France, than to England. The sole purpose is to compare the merits, policy and usefulness of the leaders of the two parties ; and to infer which of the two classes are best entitled to that praise and respect which Mr. Jefferson claims exclusively for himself and his party associates. One would like to know whether Mr. Madison, in his retire ment and retrospection, retains the belief that he governed wisely. Credit may be safely given to him for believing, that he did what he thought was right. He might justify himself by insist ing, that he did not foresee, any more than others did, the con flagration of Moscow ; the flight of Napoleon ; his fall from the throne ; and his exile to St. Helena ; that he did not foresee, any more than others did, that exasperated England, freed from European war, could direct all her forces to our own shores. Will this excuse Mr. Madison, as a patriotic and discerning states man, from not foreseeing, that, if Napoleon had been as successful as Mr. Madison seems to have desired he should be, the freedom and independence of this country would have depended on a tremendous and appalling struggle with the same Napoleon? Was there nothing in the conduct, declarations, and character of Napoleon, to warn him of this ? How is Mr. Madison to ex cuse himself for this defect in foresight? His excuse lies in the terrifying fact, that ever since Mr. Jefferson's ascendency, this country has passed over, bound in fetters never to be broken, to the dominion of party. On the other hand, the principles oi fede ralism were nothing more nor less, than a faithful, able, and honest administration of national and state authority. Its object 320 FAMILIAR LETTERS and sole object was to promote industry, security, and happiness at home, according to laws, made in conformity to the constitu tion; to avoid all participation in the wars of Europe, and to make the American name justly respected, through impartial and honorable policy, by all nations. These principles must always exist and have force, while a free republic continues. They may be known under various names, but in substance and effect they must ever be the same. Yet all who profess them, by whatever party name distinguished, are condemned by Thomas Jefferson and James Madison to the odium of opposition. All the sound con stitutional principles of federalism, by whatsoever name they may be hereafter known, must struggle for existence against the cor rupt and demoralizing influences of party. If this country is to be saved from despotism, originating in democracy, it will be done by instructing the great body of the people in the nature of their government, and in the perils to which it is exposed. Suppose a case to exist, in which a popu lar President is counselled by a combination of men, who are unknown to the constitution as such advisers; that the Pre sident and this combination are sustained by a majority of both branches of Congress; that the whole host of revenue officers are selected for their devotion to the will of a cabinet so formed ; that all the postmasters throughout the United States are selected and commissioned on the same principle, and have the facility of communication free of all expense ; that there are news papers sustained and circulated for the single purpose of teach ing subserviency to the cabinet, and hostility to all who venture to criticise their measures; that all the district attorneys and marshals are chosen and appointed, because they have given satisfactory evidence of their devotion to the cabinet. If such a case may be supposed, what would be wanting to establish an absolute despotism in the country ? Nothing but the command of the public money, and a judiciary of the same class of citi zens. If anything more be wanted, it might easily be found by getting up a pretence, foreign or domestic, to organize a military ON PUBLIC CHARACTERS. 321 force. Are the United States free from such perils? Is there any possibility of awakening public attention to such perils? One mode of doing this, if it can be done, is to show how nearly such perils have overtaken us, and how they were escaped. Such a party dominion existed, when Mr. Madison came to the presidency. The opponent party then were the federalists. The opponent party at this day are citizens known by some other party name ; but they are men of the same principles, that is, they are constitutionalists. The object of Mr. Madison's party was to put the federalists down. The object of the present dominion is to put down all opponents, and to have the exclusive control of opinion, of money, and of physical force. The citizens, who hold this dominion, may think all they have done, are doing, and intend to do, to be right and honest. So thought Mr. Madison and his supporters. But the country was brought to the verge of ruin. It is certain, that there can be no instruction but in suffer ing, at the present day, unless a knowledge of what has been heretofore suffered from similar causes may lead to comparisons and inferences. There are millions in the United States who will listen to nothing but praises and hosannas to a ruling power. But they may be willing to know how similar exercise of power has heretofore endangered civil liberty, and they may, perhaps, be unwilling again to submit to the like dangers. LETTER LVIII. December 5, 1S33. During Mr. Jefferson's eight years he had faithfully cherished all the causes of controversy with Great Britain, had resolutely abstained from all compromise, and had used the means of nego tiation, not to close, but to make the breach wider. The princi- 322 FAMILIAR LETTERS pal causes of controversy were, 1. The colonial trade. 2. The blockades by England. 3. The affair of the Chesapeake. 4. Impressment of mariners from American merchant vessels. 5. Orders of the king in council. It is necessary, now, to look a little more closely at these subjects, because in these are to be found the pretended causes of Mr. Madison's war. 1. The colonial trade controversy arose thus: France had colonies. In time of peace, neutrals could not lawfully carry merchandise from them to France. England insisted, that neu trals should not do in time of war, what they could not do in time of peace; and required that French colonial merchandise should be carried home to the neutral country, and a new voyage there commenced, if the neutral desired to carry such merchandise to France. This was a matter much discussed, as to the right and the wrong ; but Mr. Jefferson lost his hold on it, in consequence ofthe conquest by the British of all French colonies. 2. The blockades of the English. It was admitted that a place is block aded, when there is a competent force before it to prevent ingress and egress ; but that the British could not lawfully affect the trade of neutrals, by declaring a whole coast blockaded, where such force was not present. As this point of controversy was merged in a remaining one, it is unnecessary to pursue it further. It makes, however, a conspicuous figure in the discussions of the day. It was a material subject in Mr. Madison's diplomacy, hut not one for which even he would have ventured on a war. 3. The affair of the Chesapeake and Leopard was shortly this: Vessels of war belonging to France and to England might, in 1807, come into the ports of the United States. Those of France came, and those of England came to seek them. On the 7th of March, 1807, the British sloop of war, Halifax, was near Norfolk, Townshend, commander. Richard Hupert, born in Liverpool; Henry Sanders, born in Greenock; Jenkin Ratford, born in London ; George North, born in Kinsale ; William Hill, born in Philadelphia, (but who shipped on board the Halifax at the English Island of Antigua,) were employed in a boat to ON PUBLIC CHARACTERS. 323 weigh the anchor. While so employed, they rose upon the officer in the boat, threatened to murder him, and rowed to the American shore and landed. The same day they entered at the rendezvous of the Chesapeake, as seamen ; and on the same day they were demanded of Lieutenant Sinclair, (of the Chesapeake,) who neither delivered nor discharged them. Three other demands were made for these men ; one by the British consul on the mayor of Norfolk; one on Captain Decatur; and one by the British minister on the Secretary of State. The Chesapeake sailed with these five men on board, and while going down the Potomac, all but Ratford deserted and got on shore. When the Chesapeake got to sea, she was met by the British ship, Leopard, of fifty guns, commanded by Humphreys. The American vessel had only 44 guns, though not of inferior force. Humphreys demanded these men of Captain Barron, commander of the Chesapeake, who replied, that "he knew of no such men as Captain Humphreys described." The Leopard fired upon the Chesapeake ; a short action ensued, and the Chesapeake struck her colors. The British searched the American and found Ratford in the coal-hole. They took him ; and he was tried and executed. The British also took three other men, who were said to be de serters from the Malampus; one, a South American by birth, and two black men, who were runaway slaves from Maryland, and who protected themselves by entering on board the Malampus, and afterwards shipped in the Chesapeake, having deserted from the former. This was a gross outrage oh the part ofthe British commander, whatever the provocation may have been, because the universally acknowledged principle is, that a national ship at sea, and the territory of its nation, are alike inviolable. Captain Humphreys might as lawfully have exercised force to recover these deserters in the city of Washington, as from the American ship. The British government so understood this matter, and disavowed the act of its officer, and offered a proper and honorable reparation, which was finally accepted before the war, and therefore this did 324 FAMILIAR LETTERS not make one of the causes which led to that calamity. It would be tedious to follow out the right and the wrong of the negotiation on this subject. It was one that afforded materials abundantly for the purposes of irritation, which the administration faithfully cherished. 4. Impressment. This is a difficult subject, arising from the similarity of language, manners, and appearance ; and made still more so by the naturalization of British subjects in the United States, under the patronage of Mr. Jefferson. The English, in searching for their own subjects, had repeatedly and oppressively taken native Americans. Whether they did this, knowing that they took such natives, is doubtful ; though they always pretended, at least, that they took only their own. The federalists contended, that this seizure of seamen was not a justifiable cause, certainly not a necessary cause of war at any time, until all hope of com promise or redress through negotiation had failed. The federal ists maintained, that all nations engaged in war have a right, as the necessary consequence of allegiance, to the services of their own subjects and citizens. That this right had been asserted and maintained immemorially, by all the maritime nations of Europe. The personal appearance and language of Europeans divest this subject of all difficulties among them. It is a very different subject as between England and the United States. Descended from the English, Irish and Scotch, and the common language being the same ; and some part of American seamen being British subjects by birth, but naturalized in the United States, it was not an easy matter to distinguish between the na tives of the one country and the other. The British did not ad mit that their subjects could change their native allegiance, by assuming one to a foreign country. They never asserted a right to take native Americans, but they sometimes did take them in the exercise of the right which they did assert. The federalists also contended, that the impressment affected principally the middle and New England states, the latter in the proportion, pro bably, of three-fourths ; and that the inhabitants of New England ON PUBLIC CHARACTERS. 325 were far from thinking this such a cause of complaint as to call for a war ; that the right of taking native British subjects who had been naturalized^ was not one in which the United States were so much interested, as to subject the whole country to the evil of war ; that England had gone so far as to modify her pre tensions in a manner that ought to be satisfactory to the United States; for that the British ministry had agreed with Mr. King, (minister in London, in 1802,) to renounce the right of searching American vessels for British seamen, on the high seas, and would exercise it only on the narrow seas, which wash the shores of British isles. (Over these seas England has asserted dominion for centuries.) That, in 1806, Messrs. Monroe and Pinckney made an arrangement on this subject, which they deemed to be "honorable and advantageous;" and, therefore, that this was, properly and from its own intrinsic difficulties, a subject of nego tiation and not of war ; and could be adjusted in the former mode, and never could be by the latter. The principle for which Mr. Jefferson and Mr. Madison con tended was, that the American flag should protect all who sailed under it. This extended not only to native citizens, but to natu ralized ones, and also to any and all British subjects sailing in American merchantmen. The reasonableness of this requisition may be tested by the inquiry, whether a maritime power, which asserts the right to the services of its native subjects in time of war, could consent, that these subjects should find an asylum, tempting wages, and personal security in neutral vessels, when most wanted at home ? And whether a declaration of war would not be a signal for all seamen to escape into neutral service ? If this would be right and just for British sailors, so would it be for those of America. Should we consent, on the happening of a war with France for example, that our seamen should withdraw to the neutral service of England ? The federalists also insisted, that negotiation might, and that toar could not devise modes of distinguishing natives of Britain from natives of America ; that negotiation could, and war could 28 326 FAMILIAR LETTERS not settle, to what extent naturalization should protect, and what should be evidence, that this change of allegiance had occurred; that negotiation could, and war could not settle rights, in relation to British subjects sailing under the American flag, who had not been naturalized. The considerations thus presented had no effect on Mr. Madi son. He adopted all the theories of Mr. Jefferson, manifested in his first presidential speech concerning aliens; and courageously insisted, that the American flag should protect without qualifica tion or exception ; and that if England, in the midst of her strug gle for existence, did not assent, she must number the United States among her enemies ; — a principle which no nation will be more likely to contend against hereafter, than that of the United States. Now, was this a wise, manly and patriotic policy on the part of Mr. Madison; or was it in furtherance of a long-meditated design, to find the most convenient opportunity to step into the pleasing occupation of overwhelming England, and of silencing the "disaffected and the worthless" at home? No reasonable being can doubt as to the motive of Jefferson and Madison, in using, as they did, this cause of complaint. 5. The Orders in Council were commercial edicts, or regula tions, ordered by the King of England, with the advice and ap probation of those persons who had been, (according to the usage of the English government,) selected to be his personal counsel lors. It was well known to federalists and to Mr. Madison and his party, that these orders were passed to retaliate on France her own insolent and oppressive decrees ; yet it was the persevering effort of Mr. Madison, to make it believed by the citizens of the United States, that England was the original aggressor.* Between the 4th of March, 1809, when Mr. Madison became President, and the 18th of June, 1812, when war was declared, England seems to have desired sincerely to compromise the con troversies with this country, and to avoid conflict. Mr. Erskine, a very young man and not of much experience, was British ON PUBLIC CHARACTERS. 327 minister here, on the 4th of March, An arrangement was made with him. It was said at the time, that Mr. Madison knew, or might have known, that he had exceeded his authority. This arrangement was disavowed in England, and Erskine recalled. He was succeeded by Francis James Jackson, whom the admin istration found so much to be displeased with, that all communi cation was cut off with him, and as it was then thought, offen sively and with the design to keep open the controversy. He was succeeded by Mr. Foster, who was equally unsuccessful. He remained here till war was declared. This period was one of very deep interest. It exercised the talents and called forth the eloquence of the ablest men in the country, in and out of Congress, who desired to avoid the calamity of war with England, and the inevitable consequence, an alliance and colonial dependence on Napoleon, if nothing worse happened. Some very able speeches were made in Congress, and some searcing pamphlets were written. The legislature of Massachu setts did itself great credit in declaring its opinion on the state of the eountry. All these will come in as materials of history, and will demonstrate the most abject subserviency to France, and the most impolitic hostility to England. As before remarked, it is not to be supposed, that Jefferson, or Madison, or any one of their political associates was acting under a corrupt influence of France, any more than that federal ists were acting under the like influence of England. The Jef fersonian party believed, that they could best support themselves by adhering to France ; and by charging their adversaries with being under British influence, and with plots to sever the Union and set up a northern kingdom, or, perhaps, subject the northern part again to Great Britain. The federalists could deny these charges, and could retaliate by charging the Jeffersonians with real despotism, and adduce devotion to the despot of continental Europe, as the proof. But unfortunately a majority of the Ame rican people honestly believed, that Napoleon was "the man of destiny" sent to liberate the world from political slavery; and so 328 FAMILIAR LETTERS some of Mr. Jefferson's admirers still maintain. In this warfare the Jeffersonians had the advantage, because they could make the majority believe as they thought best. The right and the wrong is now transferred to the tribunal of history; so let it go; but do not let the citizens of this day slide into despotism from the example and precepts of former times. LETTER LIX. December 10, 1833. Nothing will better illustrate the sincerity of Mr. Madison's devotion to his party, than his twin effort in March, 1812, to in flame the excitement against England and his fellow-citizens at Boston. It is amusing, that Mr. Madison should have paid an ingenious Irishman fifty thousand dollars, for an attempt to render a service to the object of his hatred, England; still more amus ing, that all he got for his money was a faithful picture of Jeffer son and himself, drawn by a British painter. On the 9th of March, 1812, Mr. Madison sent a message to Congress, in which he says : " I lay before Congress copies of certain documents, which remain in the department of state. They prove, that at a recent period, whilst the United States, notwithstanding the wrongs sustained by them, ceased not \