tale i Library THOMAS JEFFERSON An address delivered on the occasion of the celebration of the birthday of Jeffer son, under the auspices of the Jeffersonian Society of Philadelphia, at the Odd Fel lows' Temple, April 15th, 1901, BY HENRY BUDD OF THE PHILADELPHIA SAR. THOMAS JEFFERSON-AN ADDRESS. In this time of national trial, when the reality of this country's devotion to liberty is being tried, just so truly and severely as it was tried in the eighteenth century, when liberty is really in greater danger, because the attack upon it, so far as concerns ourselves, is from within, and is masked under the form of an appeal to a desire for national glory and domination, we have come together to celebrate the birthday of one who placed honor before acquisition, truth before gain, the rights of the humblest of the people before the splendor of government, freedom before empire ; a sage, a statesman, a philosopher, a patriot; one of that glorious band to whom under the providence of God, this country owes the achieve ment of its independence and the liberty of its citizens. From the past stand out certain men, who, how ever interesting, when considered simply by them selves, as men, with the common passions and feel ings of men, with the hopes and aspirations which belong to men of superior character or intellect, with the story of trials and triumphs above those which ordinarily fall to the lot of man, are still more inter esting because they are the representatives of certain principles, to establish or labor and strive for which their life work was given, so that, when we look upon them, they seem, as it were, personifications of those principles. And the principles themselves gain in force and vividness of impression through this personification. The principle seems stronger, more real, when we see it, as it were, in flesh and blood. We speak, we think about liberty as a great animating motive ; we say that the love of it should and does nerve men to heroic actions, to overwhelming self-sacrifice; but look at the field of Sempach, and see the band of Swiss patriots ranged against the Austrian forces, the compact body of spears and knights, unbroken and, apparently, unbreakable, and then see one Swiss rush, from the line of his compatriots, upon the for eign hosts, throwing himself upon the spears, grasp ing them in his hands, and, with his great cry of " Make way for liberty !" opening, at the cost of his life, a path for his countrymen to victory, liberty and safety ! And does not Arnold Winkelried stand out as the very incarnation of devotion, of love of liberty ? Does it not seem as though he were that devotion itself making that pathway ? Again, we speak of constitutional liberty ; but how much better is that great principle presented to our minds when we look upon Hampden, and see him refusing the payment of ship-money, battling in the courts, languishing in the Tower and finally tri umphant, although after his death, and dying before his associates had established a tyranny as illegal as that which went before it. Does he not seem to be the very figure of constitutional right itself? And others might be mentioned — as Charles the Bold, as the representative of feudalism, the Cheva- lier Bayard, as that of all that is pure and noble in chivalry, Richelieu, as the type of modern politics, and many more — all men who may be termed per sonifications of principles or ideas. Amongst these men, Thomas Jefferson is promi nent ; and the principle of which he is the represent ative — the idea inseparably connected with him — is American Democracy. Under which great name we gather and bind into one all those subsidiary ideas and principles which, when followed and obeyed, have rendered these United States happy and pros perous commonwealths, forming a union respected by and formidable to foreign powers, honest and faithful to its engagements and ideals, and which, when neglected or turned from, have been avenged by the disaster and distress or dishonor which .such neglect and desertion have justly entailed. I will go further; I will give no such qualified title to the principles which Jefferson represents and which that great party, which reveres his memory and loves to dwell upon his example and his words, has upheld in times of unpopularity and defeat as well as times of prosperity and power, in spite of administra tive tyranny and oppression and corruption fostered by a greed of office, of treachery within its own ranks — I will not say that Jefferson represents American Democracy, I will say that he represents American ism ; for his principles are the true principles where upon this country was founded, and the principles of the Democratic party are those which represent the real, true American system. Those opposed to it, those bearing the imprint of Republicanism, falsely so-called, are strangers from foreign shores, ministers of despotism masquerading as apostles of freedom, deceiving by their specious appearance for a time but destined sooner or later to stand out revealed in their true character, that of enemies to all that every true American of whatever party or name holds dear. Nay, are they merely destined to be so revealed? Have they not, within these few months last past, revealed themselves ? Could anything be more un- American than the claim of right to take and govern colonies independently ofthe consent ofthe governed, — at our own will, in our way, under any form that we see fit to impose upon such subjects ; a civil governor ; a military governor; a civil commission; a sultan aided by his datos ? Is not the very name of subject un-American, abhorent in the extreme? And yet we have seen our government imposing all of these forms of rule upon unwilling people. We hear of " our subjects." Is it not a fundamental principle of American government that the people are supreme except so far as they have bound themselves by the Constitution? and that their will must be spoken legislatively in Congress, and carried into execution by the President? And has there been given to any department of government the right to place its duties upon other shoulders or to transfer its power to others hands ? And have we not seen the Executive usurp ing legislative functions ; the Congress at first too cowardly to repress sternly, as was its duty, such usurpation, and finally base enough to abdicate its power and to attempt to justify the proceedings of the Executive by passing an act delegating to the Presi dent general governmental powers in the Philippines ? From whence came its right, a delegate itself, charged with a delegated duty and power, to raise up for itself a delegate? Where is the precedent for such base abandonment of duty ? I find none in this country. I do find one in England, namely in the time of Henry VIII when, by act of Parliament, the King's will in matters ecclesiastical was given the force of law. How long will it take the people to discover how their own liberties are being sapped while the application of monarchical principles is being made, apparently, only to "subjects" thousands of miles away ? The people have allowed a fearful progress to be made in the insidious attacks upon their insti tutions ; they have allowed things which to our fathers were real, very real, real enough to command the sacrifice of fortune and personal freedom and life, to be treated as though they were mere shams ! They have allowed gigantic aggregations of capital to domi nate, nay, to stifle, the will of the people, and com mercialism, rather than patriotism, to rule Ameri cans have no reason to be proud of their conduct as a nation for the past few years. The outlook seems dark ; but, as to the prophet in his hoar of despair, comes the word, there are yet ten thousand who have not bowed the knee to Baal, and there is yet that in the American people which, when fully aroused, will nerve it to turn upon those forces which have shown them selves the enemies of American freedom, of American honor, and drive them with contempt and ignominy from the soil they have contaminated and from the seats they have disgraced. But we are here to-night, not to discuss the con duct of the present and late administrations, but to do honor to the memory of Thomas Jefferson, and that we can best do by recalling his life and drawing from it what instruction we may. We shall, therefore, by your leave, run over some of the salient points of Jefferson's career, and then, in what time is left to us, we may consider what his life should teach us, and to what exertions as Americans his example should nerve us. Thomas Jefferson was born April 13th, 1743- After receiving such preliminary education as was afforded by the province of Virginia, he entered the college of William and Mary, which institution was then a place distinguished for the disorder and un- ruliness of the students and, to a certain extent, for the incompetency of its faculty. Jefferson, however, with a resolution creditable, as well as unusual, in young men of his age, devoted himself to his studies, and especially to mathematics, which, as he said later in his life, became with him a passion. He re mained at college two years, and in 1762, having de termined upon the law as a profession, began its study by taking up Coke upon Littleton, that book which most students begin with pride, mingled with fear and trembling, and which, after a laborious reading, we often read a second time, and after an interval, with genuine delight. But, alas ! Jefferson did not take kindly to Coke at the start, nor did his resolution at once enable him to go steadily on with that great author, for we find him writing to a college friend that he wished the Devil had old Coke. But his aversion must have been finally conquered, and he set tled down to his studies. He tells us his habit was to rise in winter at five ; in summer so soon as the light enabled him to see what o'clock it was ; and we find that, before his admission to the bar, his learning and diligent study, and consequent acquaintance with books, caused him to be looked on with admira tion and to be consulted with regard to courses of education. In 1767 he was admitted to the bar, and in the first year of his practice, his account book shows that he had sixty-eight cases before the Gen eral Court, besides his other business. His entrance into political life came some two years later, when, in 1 769, he was elected to the House of Burgesses of Virginia, at a time when the storm between the colo nies and the mother country, which was soon to burst with fury, was gathering ; when the grievance of tax ation without representation, and the injustice and folly of governing men from a distance and without allowing them a voice in such government were rankling in men's minds, and finding utterance, cautious, perhaps, in murmurs not loud but deep, against the stamp act and the other tyrannical exer tions of the British power ; and when, consequently, men elected to representative positions went to their respective posts of duty charged with the anxiety, the indignation and the appehension of the commu nities which had elected them, and gifted with an oppoitunity to speak words and perform deeds which should leave their impress upon all time. The Burgesses met, and early in the session, on the third day, the Burgesses spoke the sense of their constituents, in no uncertain tones. Almost unani mously, they passed, and directed to be sent to the legislative assemblies of the other colonies, four reso lutions, to the following effect : (1) That there should be no taxation without representation ; (2) that the colonies might concur and cooperate in seeking redress of grievances ; (3) that sending accused persons away from their country to be tried was an outrage; (4) that the king should be petitioned to redress the recited wrongs. The move was prompt. So was the reply. The royal governor answered the resolution by dissolving the Assembly on the fifth day of its session. The Assembly met and resolved to recom mend to their constituents not to import from Eng land or in British ships any article, which it was possible to do without, while the stamp act remained in force, and never to buy any article which was taxed by Parliament for the purpose of raising a rev enue in America. Concessions were made and the House was recalled after a few months, and, during this after-session, Jefferson showed himself as the friend of human rights. At his suggestion Col. Bland introduced a bill, which Jefferson seconded, to extend to the slaves certain legal protection. The idea originated with Jefferson, but he persuaded Col. Bland to be the mover, on account of his superior age and influence. The bill failed. In this con nection it is worthy of note that Jefferson subse quently introduced in the Declaration of Independ ence a censure of slavery, which, however, was stricken out by his colleagues. From the time of his first burgesship until 1772 Jefferson does not figure *in political life. He prac ticed law. He got married, and gave time to the building up of that country seat which is so closely associated with his name — " Monticello." But in 1772, came the burning of the Gaspee, and the rumors that the persons concerned therein would be sent to England for trial. The alarm spread rap idly over the country, and the Virginia House of Deputies established a committee of correspondence, and requested the other colonies to establish similar committees. Of the Virginia committee Jefferson was one. Resolutions and correspondence were soon fol lowed by more active movements. Early in June, 1775, Virginia sprang to arms, and drove its gov ernor, Lord Dunmore, to a refuge upon a man-of-war. On June 20, 1775, Jefferson arrived in Philadelphia as a member of the Continental Congress. Of his work in the earlier sessions of that body I need not speak. We all know of his authorship of the Decla ration of Independence , that he sounded the note which changed the character of the struggle, in which our forefathers were engaged, from a struggle for representation and privileges to a struggle for freedom ; that he voiced the action of the people of the colonies in throwing offthe foreign yoke. He remained in Congress for but a short time. He seems, indeed, to have flashed upon that scene like a brilliant meteor, for, in September, 1776, he withdrew from that body, but not to idleness, or to inaction in the great work then before the people of these States, for in the next month he took his seat again in the Legislature of Virginia, and became one of the commission to revise the laws of the State ; and it is worthy of note, as showing how completely republican ideas and devotion to republican principles had taken possession of his mind, that, under his 10 guidance, Virginia, although, from its foundation and from the state of its society, naturally the most aristocratic in general tone of the colonies, was the first State of the Union to abolish and prohibit the entailment of land. In 1779 Jefferson became Governor of Virginia, and soon the tide of war, which had hitherto spared the Old Dominion, swept upon that State. General Gates, his army broken and flying, left the southern border practically unprotected. A British fleet en tered the Chesapeake, and early in June, 1781, landed a body of men, under Arnold, who burnt, ravaged and harried the country. Jefferson was left alone in Richmond ; his Council had fled ; members of the Assembly had fled. There was no sufficient organ ized body of military to cope with the advancing force under the traitor, but there were small bodies scat tered here and there, and there was the militia, that invaluable bulwark of every free country, and there was a man equal to the emergency. Jefferson hur ried, on horseback, from point to point, superintend ing the placing of the public property in a position of safety, raising the country, gathering up the little detachments of soldiers. Arnold swooped down upon Richmond, but he only remained there twenty -three hours, when he escaped, through a change in the wind, from the twenty-five hundred militia who were upon his path, and the hundreds more who were pouring in, every hour, to protect their firesides and homes, and to drive from their soil the invader. But the British troops on that soil were reinforced. The State became a mere theatre of military operations and Jefferson declined to serve an}' longer as Gov- II ernor; his reason — given in his own words — being, "From a belief that under the pressure of the inva sion under which we were then laboring the public would have more confidence in a military chief, and that the military commander being invested with the civil power also, both might be wielded with more energy, promptitude and effect for the defence of the State." General Nelson was accordingly chosen Gov ernor. After retiring from the governorship, Jeffer son resumed his place in the Legislature, and, in the same year, declined an appointment as one of three ministers plenipotentiary to negotiate a peace, which was then expected to come about between the United States and England through the good offices of Cath arine of Russia. In the next year he lost his wife. The effect of his wife's death was to cast Jefferson into a sort of stupor, and, leaving Monticello, he went with his children to a secluded estate in Chesterfield county ; but Congress, on hearing of his loss, came to the conclusion that as the one great tie which had held Jefferson to the country was now sundered, he would consent to go abroad, and accordingly he was selected as one of the ministers to negotiate a peace at Paris. He accepted the appointment, and though, on account of the conclusions of the prelimi naries being signed before he could sail, he did not go abroad, yet the ice was broken, and he was again upon the sea of public life. In 1783 he returned to Congress. In 1784 he was sent to join his old com rades, Dr. Franklin and Mr. John Adams, in the work of negotiating treaties of commerce with foreign nations. In 1785 he became envoy to France. In 1786, in response to a pressing invitation from Adams, he went to London in the hope of making a commercial treaty with Great Britain. The recep tion, however, of the American representatives by the King was so ungracious, and the results of the conferences held with reference to the treaty so vague and unsatisfactory, that Jefferson abandoned England and returned to Paris. He remained in France, with occasional breaks of travel, until the autumn of 1789. Mixing with the nobility of the gay court, with the learned men who frequented the salons, he retained his steady and sturdy republican princi ples; nay, they were increased in strength, and his passion for individual liberty of thought, of opinion and of action within the laws became, if anything, more marked and characteristic. In 1789 he returned to America. But while Jefferson was in Europe the structure of the United States had changed. He had left a loosely joined alliance of States with no common head. When he came back he found '' the more perfect union" formed; he found that the States had sur rendered some portion of their rights and had dele gated some of their inherent powers to a new general government, which should for some purposes be supreme, but supreme only while acting within the scope of its delegated power and authority. He found the Constitution of the United States formed and in force. It was natural that such an instrument should have been made; that tbe government erected by it should have been established. The perils and ex igencies of a long and bloody war had held the vari ous commonwealths together most firmly, in spite of the slender legal nature of the tie that bound them. 13 In the face of the common enemy, petty jealousies, or, even, well grounded ideas of conflicting local rights and interests were perforce silenced and put out of sight; but, when the war was over, when it became with the States and with the people of them a question how best happiness and liberty might be assured in time of peace, then came the question will the slender tie hold against the troubles which may arise as amongst ourselves, although it has held as against an enemy? You have seen doubtless, some of you at least, what are called the Magdeburg hem ispheres — two hollow hemispheres of brass with smooth edges, which are placed together and the air within exhausted, and they firmly adhere ; but allow the air to run in, so that there is a pressure from within, as well as from without, and they fall asunder. So it might have been with the confederacy. And that States which had been during the war as one against the foe, which had lavishly poured out their treasures and the lives of their sons upon the battle fields within each other's boundaries, in defence of each other's liberty, recognizing that as the common liberty, should again become mere temporary political partners, mayhap, in the future, enemies, was not to be tolerated. The glories of Saratoga, of Yorktown, of Trenton, the anguish of Long Island, the suffering of Valley Forge, the spirits of the gallant men who had fallen on the field of battle, swung from the gal lows as traitors or rotted away in the prison ships, all cried out and in a united voice, that would not be drowned, against such a consummation. At the same time, it had to be remembered that these States were thirteen independent nations, no one of which, no, not 14 even the smallest and weakest, was bound to surrender the slightest, the least of its rights ; and that no inde pendent State could be expected to merge its existence, or put its rights, without protection, under the con trol of a new power or nation. For the purpose then of forming an instrument which should entrust to the general government ample powers to carry out those purposes for which it was created, to maintain the power of the States abroad, to raise a revenue for its own support and to enforce its laws within the circle to which the general law-making power was limited by its grant, and which should leave inviolate in the States those powers which they did not surrender, the Federal convention met. Its work you know. It produced the Constitution of the United States, — and you know that there were two parties engaged in its formation ; the party which would have had entrusted to the general or federal government much vaster powers than were eventually given to it and which would have practically reduced the States to mere departments, and the party which would have limited the scope of the federal government so far as was possible, consistent with the purposes of its creation. Neither party succeeded in writing into the Consti tution all its ideas. The great instrument was the result of series of judicious and patriotic compro mises. With the adoption of the Constitution begins the acknowledged existence ofthe two great parties which have ever appeared in American politics. The one party striving, by fair means and foul, to exalt the power of the federal government, forgetting, or if it do not forget entirely, disregarding and contemning 15 the origin of that government ; sometimes even boldly defying the Constitution, as when a promi nent leader of that school of thought denounced it as a league with death, a covenant with hell ; that party which has figured before the public under various names, and which is now called the Republican party. The other party, remembering always that the federal government originated in a solemn con tract, that what powers were given to it were given to it by sovereign States, who, by the act of ceding, yielded to it sovereignty only so far as was expressed, or as was necessarily to be implied from the express words, held and holds that where a power claimed by the general government is not expressly given by, or necessarily implied from, some clause in the grant of power, that power does not exist ; that it is neither politic nor honest to strengthen granted powers by ingenuity of construction, until they may seem to embrace things that those who formed the Constitu. tion never dreamed could be claimed, and which, had they so dreamed, they would have indignantly dis owned. This party also believes that, upon general principles, the nearer home the government is brought to each individual, the more he feels himself a part of it and the less the idea of an external controlling force is present to his mind, consistently with general safety, the greater amount of happiness will be his, and the prosperity, the true greatness, of a country rests in the happiness of the people, for government is but a means to an end. This party, gentlemen — the party of Jefferson, of Madison, of Monroe, which also has borne more than one name, but which is best known by the one i6 it has borne longest — is the Democratic party, to which we have given our allegiance. The two parties did not exist long before they were given au occasion for clashing. The oppor tunity of engaging at close quarters was afforded by the structure of the cabinet of the first President. Washington had disregarded all party lines in the selection of his advisers, and had called to his cabinet the chief of the anti-Democratic party, Hamilton, as Secretary of the Treasury, and the great Democrat, Thomas Jefferson, as Secretary of State. The public debt amounted to some $54,000,000, and besides this the debts of individual States amounted in the aggre gate to some $25,000,000. That such a debt should be permitted to remain unprovided for was regarded as a crying shame, and Congress directed Hamilton to prepare a plan to establish the credit of the country. Hamilton prepared a plan whose principal features were somewhat as follows : To recognize the validity of the foreign debt — this no one ques tioned — to recognize no distinction in the domestic debt between the original lenders and those who had purchased their claims, and, finally, that the general government should assume the State debts. In this last proposition appeared the cloven foot. Hamilton was always on the lookout to take advantage of any circumstance whereby the power and influence ofthe federal government might be increased ; he had striven for centralization in the convention, and after ward strove in the council, and is said, at the end of his life, to have waited in expectancy of being called on to struggle on the field of battle for those ideas which he had failed to force upon the country by 17 peaceful means. He now hoped that the funding of the entire debt would cause the capitalists (for capital, alas ! is too apt to be selfish) to rally around the gen eral government, and so assist it in a work of central ization at the expense of the rights of the States. Mr. Hamilton's plan passed the House of Repre sentatives on March 9, 1790, by a vote of 31 to 26, the yeas being the Northern and Eastern States and South Carolina. On the 12th of April this decision was reversed by a majority of two, the North Caro lina delegates having, since the first vote, arrived at the seat of government. Hamilton, in despair, ap pealed to Jefferson ; he represented to him that there was peril to the Union from the rejection of the plan ; that deep-seated, wide-reaching disgust existed in the creditor (namely, Northern) States, and that there was danger of their secession from the newly-formed confederacy, if what they esteemed their just de mands were not complied with ; he, therefore, ap pealed to Jefferson to use his influence for the passage of the bill, arguing with him that members of an administration should cooperate, and that, though the question under immediate discussion did not belong to the department of state, yet a common duty should make it a common concern. Jefferson replied that he did not know how far the assumption was necessary to prevent the ills fore told by Hamilton, but that if the rejection of the plan threatened the dissolution of the Union, he would sub mit to all minor ills for the purpose of averting the grand one, and suggested a compromise. The com promise was made. The general government assumed $21,500,000 of the State debt, distributed proportion- ally amongst the various States. The measure passed the Senate by two votes, and the House by six. Jefferson was outwitted, and, afterward, bitterly re pented his share in the compromise and declared that the measure was a "fiscal manoeuvre to which he had most ignorantly and innocently been made to hold the candle." The feeling toward Hamilton became one of suspicion and distrust. He suspected Hamilton of monarchical views, and probably justly suspected him. A true Democrat could hardly help regarding as a monarchist one who figured as Hamilton did in the following conversation. John Adams and Hamil ton were dining at the house of Jefferson. The con versation turned on government. 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 wit of man." Hamilton answered, "Purge it of its corruption and give to its popular branch equality of representation and it would become an impracticable government. As it stands at present, with all its sup posed defects, it is the most perfect government which ever existed." Do you wonder Jefferson suspected him of monarchical tendencies ? In this connection it has been well remarked that the two men, Jefferson and Hamilton, meant very different things by the word government. The one meant an agency for the execu tion of the people's will. The other a means of curb ing and frustrating that will, and here, gentlemen we have in the persons of their exemplars a fair presenta tion of the difference between the two great parties of the present day. The people must be taken care of; they must be governed, must be controlled, say, by 19 their deeds, if not in words, the leaders of the anti- Democratic party. The people will take care of them selves ; the people will govern; the people must con trol — say we in reply — or else this nominal republic becomes a tyranny of the worst character, a tyranny cloaked in the robes of freedom. The next question on which the two parties, as represented in the cabinet, came into conflict, was the Apportionment Act, which allowed to each State a representative for each thirty thousand inhabitants and distributed enough extra Congressmen to make up the number of one hundred and twenty amongst the States having the largest fractions over that number. The Act was passed by Congress, and came to the President for his consideration ; he summoned his Cabinet to assist him. The Democrats, Jefferson and Randolph, argued that it was unconstitutional as opposed to Act I, § 2, ofthe Constitution. Hamilton favored the Act, Knox was undecided — and the Presi dent, after mature deliberation, agreed with Jefferson and vetoed the Act. Toward the end of Washington's first term, Jeffer son earnestly desired to seek retirement, and actually gave up the lease of his house in Philadelphia and prepared to remove to Virginia. Several reasons moved him to this course, one was a very practical one — he was not rich, and his plantation in the hands of overseers was being mismanaged to such an extent that Jefferson could remain in the public service only at great pecuniary loss, indeed at the risk of financial ruin. However, at the urgent request of Washington, Jefferson gave up his intention of immediate retire ment and remained in harness for a time longer. 20 When the French Revolution came — that great upheaval, which in spite of the excesses, the atrocities which disgraced it, carried forward civilization and popular rights in Europe, to a point far beyond any they had yet reached — Jefferson was heartily in favor of it, true, its excesses slightly staggered him, but he was able to separate the excrescence from the bodjr — and with Jefferson, as was natural, went the sympa thies of the great body of the American people, who saw a people to whom they owed much, endeavoring to achieve across the water that which they had as sisted the Americans themselves to achieve. But all his warm sympathy with the Revolution never made him forget that his first duty was to his own country, to the United States, that their prosperity, their happi ness must be his first care, and for their cause, their honor, he stood against even France. About his last public service, as Secretary of State, was the manage ment of the negotiations which checked the insolent course of the French minister in this country and led to his recall. I mention this because Jefferson's con duct in this connection has been made the subject of adverse and unfair criticism by Mr. McMaster, one of that school of American political historians who have sought to belittle the reputation of Jefferson, and have gloried whenever they have been able to find anything which looks like a difference of opinion between Wash ington and his Secretary of State. I have endeavored to answer Mr. McMaster in a paper read elsewhere, and have shown there, I think, that much of his argu ment, or rather assertion, is based upon the omission to give to his readers the whole of a very short letter. There is not time to go again into the whole matter 21 at length, but I feel as though some account of Jeffer son's action should be given, in view of the fact that "The History of the American People," in many re spects a most valuable work, is in every considerable library of the land. Mr. McMaster would have you believe that Jefferson, led by his partiality for France, permitted the honor of his country to be dragged in the dust, her laws outraged without protest, and was driven to action only by the indignation of the Presi dent. Let us briefly see what were the facts. Genet's claim was that under the treaty with France the French cruisers had a right to bring their prizes, taken on the high seas, into our ports and sell them. This right was admitted ; but more was done. Vessels were fitted out in our ports as cruisers, American citi zens were enlisted upon them, and commissions from the French republic were given to them. Two Ameri cans who had entered the French service in Charleston, were, on their arrival on board of a prize at Philadel phia, arrested by the United States authorities and held for trial. Genet demanded their release, claiming that their American citizenship ceased on their entry into the service of the French republic. In reply to Genet's demand, Jefferson went into the whole subject, taking ground as follows: That "it is the right of every nation to prohibit acts of sovereignty from being ex ercised by any other nation within its limits, and the duty of a neutral nation to prohibit such as would injure one ofthe warring powers ; that the granting of military commissions within the United States by any other authority than their own is an infringe ment on their sovereignty, and particularly so when granted to their own citizens to lead them to acts con- trary to the duties they owe their own country ; that the departure of vessels thus illegally armed from the ports of the United States will be but an acknowl edgment of respect, analogous to the breach of it, which is necessary on their part as an evidence of their faithful neutralitjr ; " and in the name of the President expressing an expectation that the illegally armed vessels would not seek a harbor in our ports, but put to sea. In reply (March 8, 1793), Genet showed an intention of appealing to Congress from the executive interpretation of the treaty. This was followed by an angry letter demanding the release of a vessel brought in as prize, against which a libel had been filed by her former owners. Jefferson's reply upheld the jurisdiction of the court in which the libel was filed, and positively denied to the Frenchman any right under the treaty to arm and man vessels in American ports. The matter came to a head in the case of "La Petite Democrate," a vessel captured from the British, her name then being "The Little Sarah," and equipped and commissioned by Genet in this port. It was proposed to send her to sea to prey upon British commerce, which, as she had been fitted out here, would have been a breach of our neutrality. On July 7th, Jefferson, who was out of town, received word from Governor Mifflin that "La Petite Demo crate" would probably sail that da}^. Jefferson came to town, saw Genet, told him of the report that the vessel would sail, that it was believed that she had been illegally equipped, and requested her detention until the President, who had gone to Mount Vernon on the 23d of June, should return to Philadelphia. Gen^t declared that, on the President's return, he 23 should appeal to Congress. Jefferson undeceived him as to any supposed right of a foreign power to deal with this country otherwise than through the Presi dent ; and, after a rather stormy interview, Gen t, while refusing an express promise, gave Jefferson to understand that the vessel would not sail until the President had returned. In consequence of this no forcible steps were taken to detain the vessel, and she, on Monday, the 8th of July, dropped down the river to Chester, where she cast anchor. Mr. McMaster sums up the whole by saying : " Genet would give no promise, but said that the brig would probably not be ready for sea before that day (Wednesday). Jefferson supposed this to be the language of diplomacy, and that the minister really meant that the vessel should not sail. He made himself easy, therefore ; got Mifflin to dismiss the soldiers, and the Petit Democrat, unmolested, dropped down to Chester and went to sea." Now would not any one reading this, even in connection with the next paragraph of Mr. McMas ter, conclude that the vessel had sailed before Washington's return ; that Jefferson had negligently allowed his country to be tricked, or had connived at the evasion of her laws ? In point of fact, the vessel did not sail until several days after the President's return. That re turn occurred on the nth. Washington found the papers of the case awaiting him ; but Jefferson, suf fering from a fever, had gone out of town (to Bel mont, I think). Washington then wrote a warm note to the Secretary, which Mr. McMaster, unable to resist the temptation to sneer when the great 24 Democrat is the object ofthe sneer, says, "Any other man than Jefferson would have felt it to be a severe reprimand," and prints a part of the note, but not that part which goes to show that Washington's in dignation, so far as Jefferson was concerned, did not rest upon Jefferson's course of dealing but upon the apparent disrespect involved in Jefferson's absence, of the cause of which the President was ignorant. The note is not a long one ; Mr. McMaster might well have printed it without danger of making his book too bulky. "Philadelphia, n July, 1793. " To Thomas Jefferson, Secretary of State. " Sir : — After I read the papers which were put into my hands by you, requiring "instant attention," and before a messenger could reach your office, you had left town. What is to be done in the case of the ' Little Sarah,' now at Chester ? Is the Minister of the French Republic to set the acts of this Govern ment at defiance with impunity ? And then threaten the Executive with an appeal to the people. What must the world think of such conduct and of the Government of the United States in submitting to it. These are serious questions. Circumstances press for decision, and as you have had time to consider them (upon me they come unexpectedly), I wish to know your opinion upon them, even before to-morrow, for the vessel may then be gone." Now, can we find in this any rebuke from Wash ington based on anything but Jefferson's absence. The President does not condemn Jefferson's action, or say what should or what should not have been done. Stung by the insolence of Genet, he demands the Secretary's immediate advice. Jefferson at once replied, stating that he had had the fever for 25 two nights and was still threatened by it, but that nothing but absolute inability would prevent his being in town early on the 12th, and added that, be fore receiving the President's note, he had been (on the 1 ith) assured by M. Genet that the vessel would not leave until the President had given his decision. On the 1 2th, the Cabinet met, and Jefferson's conduct in not using armed force against the French vessel was sustained. This is the more significant from the fact that Randolph, who, in the Cabinet discussions, generally sided with Jefferson as against Knox and Hamilton, was absent. The President's conclusion, communicated to Genet, was that the matter would be referred "to persons learned in the law," and that in the meantime he expected that the "Little Demo crat" would not sail until the ultimate decision ofthe President should be made known. This was on the 12th. On the 14th or 15th, "La Petite Democrate " sailed. An outrageous defiance of the President's authority, but a matter which does not prove that Jefferson was wrong in his course before the return of Washington, or that, if wrong, the wrong was not shared by the President; for, from the nth to the 14th or 15th, process could have been served, or an attack made on the little brig ; and in the instruc tions given to Gouvernour Morris, to be his guide or brief in presenting to the French Government the complaints of the United States with reference to JVI. Genet, which instructions were considered by the whole Cabinet, paragraph by paragraph, the forbear ance of the United States in their treatment of the vessel, is spoken of as the only thing which had pre vented our citizens from shedding each other's blood. 26 I shall not here discuss the policy and propriety of the action of Washington and Jefferson. I believe it to have been right. An attack on the brig would have meant a war, with no navy of our own, a French fleet off our coast, and a war with that nation which had just enabled us to achieve our independence. Without war, what was desired was obtained. Jeffer son's letter, severe and cutting, showing Genet's con duct in its true light, went to Paris ; a copy was given to Genet ; and Genet was recalled. I have given this matter more time than perhaps you have liked, and I would gladly have condensed the history of the proceeding still further, because the attack on Jeffer son for his conduct in the trying times of 1793 is only part of that systematic warfare which has been waged against the memory of Jefferson by that school of thinkers who shrink from the principles of the Declaration of Independence, who would be glad to see popular rights restricted every day, more and more, and in whose path the figure of the great American looms up, stern and forbidding. On January ist, 1794, Jefferson retired from the Cabinet. He went to Monticello. He busied himself with his farm, worked upon it, and reveled in new life. He had, however, it may be noted, always taken an interest in farming and, like every gentleman of that day, in rural pleasures, and the practical character of his interest is shown by the fact that he had invented a plow, in recognition of the merits whereof France had, in 1790, awarded him a gold medal. In 1796 he came from his retirement to become the Vice-President, Mr. Adams having a plurality of three votes for the Presi dential office, which relegated Jefferson to the second 27 place, under the old system of election, by which thecan- didate having the second highest number of electoral voted for President became Vice-President. Under this system the Vice-President was almost certain to be op posed politically to the President. During Mr. Adams' administration came the trouble with France and, dur ing it, under Hamilton's influence, those infamous stat utes, the Alien and Sedition Laws were passed ; by the first the President was given power to order out of the country "all such aliens as he should judge dangerous to the peace and safety of the United States." If the alien disobeyed he was liable to three years imprison ment. By the other law five years imprisonment and $5,000 fine were imposed for conspiring to oppose any measure passed by Congress or for attempting or ad vising a riot or insurrection. Imprisonment for two years and a fine of $2,000 were the penalty for writing, speaking or publishing "any false, scandalous and malicious writing against the Government of the United States, or either House of the Congress of the United States, or the President of the United States, with intent to defame the said Government, or either House of the said Congress or the said President ; or to bring them or either of them into contempt or dis repute, or to excite against them or either or any of them the hatred of the good people of the United States ; or to stir up sedition within the United States ; or to excite any unlawful combinations therein for opposing or resisting any law of the United States." How strangely these laws read at the present day, but remember, gentlemen, they were the fruit of an anti-Democratic reaction, and remember, too, how during the War of the Rebellion, the Constitution and 28 laws were violated by the anti-Democratic party of that day, by arbitrary imprisonments, by suspension ofthe habeas corpus, by the erection of military gov ernments, and, after the war, by the interference of the federal power, backed by troops, at the elections. At the time the Acts sent terror through the land. The Alien law drove from our shores many valuable citi zens, amongst others that Kosciusko who had served us during the Revolution, who afterward fell battling for freedom in his native Poland, and to whose memory a monument has been erected by grateful Americans on the Hudson, at West Point, in the beautiful and romantic garden which bears his name. Even Albert Gallatin was threatened. That the sedition law was no mere dead letter, no brutum, fulmen, the pages of Wharton's "American State Trials" attest. Jefferson saw the iniquity of these laws. He saw more. He saw that if they remained unrepealed and their authors unrebuked, they would prove the mere precursors to perhaps even worse violations of the spirit of our institutions. He regarded them as an experiment by the enemies of the Constitution to see if the people would acquiesce in measures con trary thereto ; and he looked forward, as his writings show us, to the possible change of the tenure of the presidency to a life term, to its becoming an hered itary office, and to the creation of a Senate for life. He therefore organized opposition ; he sought out able writers, he inspired them to use their pens to make public opinion against the hated measures. The alarm spread, the States of Kentucky and Vir ginia declared that the Alien and Sedition Laws, being contrary to the plainest letter of the Constitu- 29 tion, were altogether void. Hamilton regarded the resolutions as an attempt to break up the govern ment, and advised stringent counter-measures as fol lows : To divide each State into small judicial dis tricts, with a federal judge, appointed by the Presi dent, in each, for the trial of offenders against the general government; to appoint federal conservators or justices of the peace to give efficacy to laws which the local magistrates were indisposed to execute ; to keep up an army and navy nearly upon a war foot ing ; to establish a military school and government manufactories of military materials ; to promptly call out the militia to suppress unlawful combinations and insurrection ; to place it within the power of Congress to subdivide States on the applica tion of any considerable portion of a State contain ing not less than one hundred thousand persons ; to make libels, leveled against any officer whatever of the United States, cognizable in the federal courts. The time of election came round. Jeffer son was again the candidate of the Democrats (then called Republicans). The New York election went against the Hamilton party, i. e., a legislature was elected which was pledged to choose Democratic electors. Alexander Hamilton at once wrote to Gov ernor Jay, proposing to him to call together the exist ing legislature, and get it to pass a law taking from the legislature the power of choosing electors. He acknowledged the plan was not regular, but said "scruples of delicacy and propriety ought not to hin der the taking of a legal and constitutional step to prevent an atheist in religion and a fanatic in politics from getting possession of the helm of state." Gen- 3° tlemen, gentlemen, is not this a forerunner of the frauds of 1876? Dowe not see the anti-Democrat, the same in the time of Chandler and Garfield as in that of Hamilton ? To his honor, Governor Jay put the Hamilton letter away with this endorsement : "Proposing a measure for party purposes which I think it would not become me to adopt." The election campaign was a most heated one. There was a tie between Jefferson and Aaron Burr, and, after seven days' balloting, the former was elected President. The outgoing President distinguished himself by employing the last hours of his adminis tration by filling offices with people to act under the incoming administration and hostile to it, and flying from the Capital rather than be present at the inau guration of his successor. Jefferson came into office, nevertheless. Of the external events of his adminis tration I shall not speak at length, for we are consid ering the man as a representative Democrat; suffice it to say that the territory of the United States was vastly enlarged by the purchase of the Louisiana territory — enlarged not by the means of conquest of an unwilling people, to be held thereafter as subjects, but by the fair purchase of an immense and sparsely inhabited tract of land, with the assurance to the few who passed from the dominion of the selling govern ment to that of the United States, of the rights of citizenship equal to those enjoyed by the American born; that the Barbary pirates were compelled to respect our flag; that the Burr treason was discovered and frustrated. When we look at Jefferson's personal conduct in office we have the very example of what a Democratic President should be : plain and unassum- 3i ing in manner, hard working, the people's servant, not the imitator of a sovereign ; guided in his appoint ments to office by his rule of honesty and capability, and refusing office even to dear personal friends and valued political colleagues, when they did not happen to be fitted for the posts they desired; and except that he removed some of the midnight appointees of Adams, he removed no man from office for the mere offence of belonging to the opposite political party. He solved the question of Civil Service Reform, in its most important particulars, quietly and noiselessly, without posing as a reformer or a leader ; for, believ ing that no restraint should be put upon the right of suffrage, he was unable to see the difference between denying the right of suffrage, and punishing a man for exercising it by turning him out of office. He would draw no advantage from his position other than what was expressly given to him by law. He, while in office, would not accept presents ; the only exception to this rule being his reception of a bust of the Emperor Alexander of Russia, which was sent him by that potentate. Nay, so careful was he, that when the Spanish Ambassador allowed him to pur chase from him some two hundred bottles of cham pagne, which, as the property of an ambassador, had entered the country free of duty, Jefferson sent the amount of the duty to the collector of the customs, and, mark you, did it quietly, without parade, sug gesting to the collector that it should be entered thus : "By duty paid on a part of such a parcel of wines not entitled to privilege," so that the President's name should not appear. He would not even appoint his relatives to office. He believed in economical 32 administration of the government and so suppressed many unnecessary offices. His second term of the Presidency expired in 1809, and he retired to Monticello, where he lived a peaceful and happy life until 1826. In 1819 he founded the University of Virginia and was its Rector until his death. He died on the 4th of July, on the fiftieth anniversary ofthe independence of that country to which he had devoted his life. At twenty minutes past one o'clock in the afternoon of that day, when eulogies upon him and hisworkwere rising from every part of the country, his soul took its flight. What does his example teach us — to what does it nerve us? I have spoken with but little effect ; I have presented with but little intelligence the career ofthe man, if I have failed to show you him strug gling against just such dangers as we at the present day have to struggle against. The anti-Democratic party still exists ; it has had a long lease of power ; it is backed up by all the selfish interests in the country; it is more strongly in trenched in positions of power than ever; it has its armies of placemen bound to do its bidding ; it has extended its rule beyond the boundaries of the conti nent and now claims openly to govern parts of the world dominated by our flag, by systems of govern ment for which there is not only no warrant whatever to be found in the Constitution, but which are posi tively opposed by and abhorrent to its principles and spirit, claims, further, to convert the President of the United States, with his strictly limited powers and rigid responsibility to Congress for his exercise of them within the law, and his liability to have his 33 acts j udicially treated as vain and null, when they are beyond the limits fixed by the Constitution, even if they can pretend to a Congressional sanction, into a sort of a double natured potentate, a constitutional officer at home, perhaps, but beyond the limits of the States proper, in what are called our colonies, our for eign possessions, a despot, ruling with iron hand, whose word, enforced by military power, is law to the inhabitants of those benighted regions. For his ac tions in the latter capacity, how is he, upon the theory of those upholding the present administration, to be called to account ? If that theory be correct, he may outrage every feeling of humanity, disregard every imaginable political right of the Filipino, of the inhabitant of Guam, of the Porto Rican, without affecting, in the eye of the law, the right of the American citizen, for the colonist is not a citizen ! How then can Congress ever impeach a President for such action? How can he be punished in his constitutional capacity for deeds done in a character unknown to the Constitution, but in one in which, it is claimed, he represents the sovereignty of the na tion, derived, in some way or other, from a source other than that which the will ofthe people, in 1787, made the sole grant of power to the Federal govern ment? How can his acts, with reference to such sub ject peoples, if sanctioned by Congress, be declared by the judiciary void, if constitutional restraints do not apply beyond the limits of the States ? If our friends are right, truly we have here the case of the created thing saying to the creator, "Thou hast not made me wisely," and proceeding to add to itself powers with which, or with the means of acquiring 34 which, it was never endowed. Do we not hear, my fellow-citizens, the Constitution sneered at, as well as disregarded ? Do we not see the great principles of the Declaration of Independence, the belief in which led us through our national struggle from colonial ism to independence, denied or treated as glittering generalities, fit only to dazzle and deceive ? Have we not seen our national honor dragged in the dust by broken promises, and the disappoint ment of hopes which we raised, and knew we had raised, in the hearts of men, whom we were careful not to undeceive as to our real intentions until we had obtained from them all that we sought ? Do we not see ourselves doing just what we complained of in 1776 — denying trial by jury to those over whom we claim to exercise dominion ; exiling men from their homes to what are, for them, penal colonies; denying their right to self-government ? Do we not, at home, see class spirit increasing ? Are we not becoming, in effect, less and less of a republic, willing to allow more and more sway to arbitrary government? Are not centralization and imperialism together threaten ing our very life as a republic? Do we not see, while governmental splendor increases, the basest motives appealed to to insure support for an admin istration ? The cry of financial and industrial pros perity is nothing but "fianem et cir censes " of the ancient time. Care not for liberty if it involves tak ing a laborious part in your own government, and sacrifice of time and comfort, even if it carry with it the glorious feeling of freedom ! You are getting good wages ; you are selling your goods ; you aie re ceiving good fees as lawyers or physicians ; you are lay- 35 ing up money ; you have time and means for amuse ment. What more do you want ? Let some one else govern you — some one who knows more about it ; as for you, eat, drink and be merry ! Is not this the voice of the power at the present day ? And is not acquiescence in the demands of this voice, forced or carelessly given, growing ? And if it continue to grow until it dominate public sentiment, our life as a repub lic is gone — call the government what you will, it will not be a republic. What shall save us from the fate which is threatening? One thing, and one only, the observance of those principles for which Jefferson all his life contended — economical administration, stern repression of administrative usurpation, anxious re spect for the reserved rights of the States, the pro hibition of the use of public means and powers to build up the interests of the few at the expense of the many, recognition of the fact that all just human government derives its right from the consent of the governed, adherence to the Constitution as though our very life as a people depended upon it. Let us then cling to these principles as to the very ark of national safety ; let us remember that eternal vigi lance is the price of liberty ; let us maintain, if neces sary die for, a government of law, whose foundations are based upon the legally expressed will of the peo ple ; let us never give place, no, not for a moment, to the present popular heresy that there are, as between the general government and the people, certain rights inherent in government as government, which theory can have no rightful place in our government, formed by the people of the States, and given by them certain rights, beyond which it was told it should not pre- 36 sume to go. If our system be wrong, the people may change it ; but the people should never permit their servants, by whatever title they are called, to revo lutionize the government, either in fact or form. Let us not be cajoled into silence or inertness by appeals to trust those whom we have placed in office ! Our attitude to all who are entrusted with power should be that of critical observation at all times; honest support when their course is wise and right; un flinching opposition and severe condemnation when that course is unwise or wrong. There are many things which when done to ourselves as private men we may condone, which when done to our country we are bound as citizens to punish. Let us not suffer ourselves to be blinded by delusions of national grandeur, and the thought that to be a world power it is necessary that we allow infractions of the letter or the spirit of the Constitution, in the assurance that no harm will come to us or to our liberties. Remem ber, as a great English statesman of the eighteenth century said, " The people never give up their liber ties but under some delusion." Remember, it took dalliance and blindness to convert the mighty Samp son into a slave. I thank you for your attention to an address which has overpassed the limits to which I had in tended to confine it ; but our time has not been wasted if, amidst the confusion of the present, the prevailing forgetfulness of true American principles, we have this evening contemplated and drawn inspiration from Thomas Jefferson, the representative of Ameri can liberty. God give us men like him to guide our country through its darkening hours to the reful gence of a glorious day !