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| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:49:41 -0700 |
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| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:49:41 -0700 |
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diff --git a/old/16781-h.htm.2021-01-25 b/old/16781-h.htm.2021-01-25 new file mode 100644 index 0000000..8f52adf --- /dev/null +++ b/old/16781-h.htm.2021-01-25 @@ -0,0 +1,24769 @@ +<?xml version="1.0" encoding="utf-8"?> + +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" > + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <title> + Memoir, Correspondence, and Miscellanies, from the Papers of Thomas + Jefferson + </title> + <style type="text/css" xml:space="preserve"> + + body { margin:5%; background:#faebd7; text-align:justify} + P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; } + hr { width: 50%; text-align: center;} + .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; } + blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;} + .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;} + .toc { margin-left: 10%; margin-bottom: .75em;} + .toc2 { margin-left: 20%;} + div.fig { display:block; margin:0 auto; text-align:center; } + .figleft {float: left; margin-left: 0%; margin-right: 1%;} + .figright {float: right; margin-right: 0%; margin-left: 1%;} + .pagenum {display:inline; font-size: 70%; font-style:normal; + margin: 0; padding: 0; position: absolute; right: 1%; + text-align: right;} + pre { font-style: italic; font-size: 90%; margin-left: 10%;} + +</style> + </head> + <body> +<pre xml:space="preserve"> + +The Project Gutenberg EBook of Memoir, Correspondence, And Miscellanies, +From The Papers Of Thomas Jefferson, by Thomas Jefferson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson + +Author: Thomas Jefferson + +Editor: Thomas Jefferson Randolph + +Release Date: September 30, 2005 [EBook #16781] +Last Updated: September 8, 2016 + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE WRITINGS OF THOMAS JEFFERSON *** + + + + +Produced by David Widger + + + + + +</pre> + + <p> + <br /> <a name="linkimage-0001" id="linkimage-0001"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/spines.jpg" + alt="Book Spines, 1829 Set of Jefferson Papers " width="100%" /><br /> + </div> + <h1> + MEMOIR, CORRESPONDENCE, AND MISCELLANIES, <br /> <br /> FROM THE PAPERS OF + THOMAS JEFFERSON. + </h1> + <p> + <br /> <br /> + </p> + <h2> + Edited by Thomas Jefferson Randolph. + </h2> + <h2> + 1829 + </h2> + <p> + <br /> + </p> + <h2> + Volume One + </h2> + <p> + <br /> + </p> + <table summary="" style="margin-right: auto; margin-left: auto" cellpadding="4" border="3"> + <tbody> + <tr> + <td> + <a href="#linkcontents"><big><b>Contents</b></big></a> + </td> + </tr> + <tr> + <td> + <a href="#linkillustrations"><big><b>Illustrations</b></big></a> + </td> + </tr> + <tr> + <td> + <a + href="https://www.gutenberg.org/dirs/1/6/7/8/16782/16782-h/16782-h.htm"><big><b>Volume + II.</b></big></a> + </td> + </tr> + <tr> + <td> + <a + href="https://www.gutenberg.org/dirs/1/6/7/8/16783/16783-h/16783-h.htm"><big><b>Volume + III.</b></big></a> + </td> + </tr> + <tr> + <td> + <a + href="https://www.gutenberg.org/dirs/1/6/7/8/16784/16784-h/16784-h.htm"><big><b>Volume + IV.</b></big></a> + </td> + </tr> + </tbody> + </table> + <p> + <br /> + </p> + <table summary="" style="margin-right: auto; margin-left: auto" cellpadding="4" border="3"> + <tbody> + <tr> + <td> + <big><b>Facsimile of The Declaration of Independence:</b></big> + </td> + <td> + <a href="#linkimage-0011"><big><b>Page 1</b></big></a> + </td> + <td> + <a href="#linkimage-0012"><big><b>Page 2</b></big></a> + </td> + <td> + <a href="#linkimage-0013"><big><b>Page 3</b></big></a> + </td> + <td> + <a href="#linkimage-0014"><big><b>Page 4</b></big></a> + </td> + </tr> + </tbody> + </table> + <p> + <br /> <br /> <a name="linkimage-0002" id="linkimage-0002"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/frontispiece.jpg" + alt="Steel Engraving by Longacre from Painting of G. Stuart " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0003" id="linkimage-0003"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/TP1.jpg" alt="Titlepage of Volume One (of Four) " width="100%" /><br /> + </div> + <div class="fig" style="width:80%"> + <img alt="versa1 (29K)" src="images/versa1.jpg" width="100%" /><br /> + </div> + <p> + <br /> <br /> + </p> + <blockquote> + <blockquote> +<pre xml:space="preserve"> + EASTERN DISTRICT OF VIRGINIA, to wit: + + Be it remembered, that on the seventeenth day of January, in + the fifty-third year of the Independence of the United + States of America, Thomas Jefferson Randolph, of the said + District, hath deposited in this office the title of a book, + the right whereof he claims as proprietor, in the words + following, to wit: + + “Memoir, Correspondence, and Miscellanies, from the Papers + of Thomas Jefferson. Edited by Thomas Jefferson Randolph.” + + In conformity to the act of the Congress of the United + States, entitled “An act for the encouragement of learning, + by securing the copies of maps, charts, and books, to the + authors and proprietors of such copies, during the times + therein mentioned.” + + RD. JEFFRIES, Clerk of the Eastern District of Virginia. + + CAMBRIDGE: E. W. Metcalf & Company. +</pre> + </blockquote> + </blockquote> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <a name="linkcontents" id="linkcontents"></a><br /> <br /> <br /> + </p> + <blockquote> + <h2> + CONTENTS + </h2> + <p> + <a href="#link2H_PREF"> <b><big>PREFACE.</big></b></a> <br /><br /> + <br /> <br /> <a href="#link2H_4_0002"> <b><big>MEMOIR.</big></b></a> <br /><br /> + <a href="#link2H_APPE"> APPENDIX </a> TO THE MEMOIR.<br /><br /> + <a href="#link2H_4_0004"> [NOTE A.]</a> Letter to John + Saunderson, Esq. <br /><br /> <a href="#link2H_4_0005"> [NOTE B.]</a> Letter + to Samuel A. Wells, Esq. <br /><br /> <a href="#link2H_4_0006"> [NOTE C]</a> August, + 1774, Instructions to the first Delegation <br /><br /> <a + href="#link2H_4_0007"> [NOTE D.]</a> August, 1774., + Instructions for the Deputies <br /><br /> <a href="#link2H_4_0008"> [NOTE + E.]</a> Monticello, November 1, 1778. [Re: Crimes and + Punishment] <br /><br /> <a href="#link2H_4_0009"> [NOTE F.]</a> Coinage + for the United States <br /><br /> <a href="#link2H_4_0010"> [NOTE G.]</a> + <br /><br /> <a href="#link2H_4_0011"> [NOTE H.]</a> <br /><br /> + <br /> <br /> + </p> + <h2> + <a href="#link2H_4_0012"> CORRESPONDENCE </a> + </h2> + <p> + <a href="#link2H_4_0013"> LETTER I.</a> TO DR. WILLIAM SMALL, + May 7, 1775 <br /><br /> <a href="#link2H_4_0014"> LETTER II.</a> TO + JOHN RANDOLPH, August 25,1775 <br /><br /> <a href="#link2H_4_0015"> + LETTER III.</a> TO JOHN RANDOLPH, November 29, 1775 <br /><br /> + <a href="#link2H_4_0016"> LETTER IV.</a> TO BENJAMIN + FRANKLIN, August 13, 1777 <br /><br /> <a href="#link2H_4_0017"> LETTER V.</a> TO + PATRICK HENRY, March 27, 1779 <br /><br /> <a href="#link2H_4_0018"> + LETTER VI.</a> TO JOHN PAGE, January 22, 1779 <br /><br /> <a + href="#link2H_4_0019"> LETTER VII.</a> TO GENERAL WASHINGTON, + June 23, 1779 <br /><br /> <a href="#link2H_4_0020"> LETTER VIII.</a> TO + GENERAL WASHINGTON, July 17, 1779 <br /><br /> <a href="#link2H_4_0021"> + LETTER IX.</a> TO GENERAL WASHINGTON, October 1, 1779 <br /><br /> + <a href="#link2H_4_0022"> LETTER X.</a> TO GENERAL + WASHINGTON, October 2, 1779 <br /><br /> <a href="#link2H_4_0023"> LETTER + XI.</a> TO GENERAL WASHINGTON, Oct. 8, 1779 <br /><br /> <a + href="#link2H_4_0024"> LETTER XII.</a> TO COLONEL MATHEWS, + October, 1779 <br /><br /> <a href="#link2H_4_0025"> LETTER XIII.</a> TO + GENERAL WASHINGTON, November 28, 1779 <br /><br /> <a href="#link2H_4_0026"> + LETTER XIV.</a> TO GENERAL WASHINGTON, December 10,1779 <br /><br /> + <a href="#link2H_4_0027"> LETTER XV.</a> TO GENERAL + WASHINGTON, February 10, 1780 <br /><br /> <a href="#link2H_4_0028"> + LETTER XVI.</a> TO GENERAL WASHINGTON, June 11, 1780 <br /><br /> + <a href="#link2H_4_0029"> LETTER XVII.</a> TO GENERAL + WASHINGTON, July 2, 1780 <br /><br /> <a href="#link2H_4_0030"> LETTER + XVIII.</a> TO GENERAL EDWARD STEVENS, August 4, 1780 <br /><br /> + <a href="#link2H_4_0031"> LETTER XIX.</a> TO MAJOR GENERAL + GATES, August 15, 1780 <br /><br /> <a href="#link2H_4_0032"> LETTER XX.</a> TO + GENERAL WASHINGTON, September 8, 1780 <br /><br /> <a href="#link2H_4_0033"> + LETTER XXI.</a> TO GENERAL EDWARD STEVENS, September 12,1780 + <br /><br /> <a href="#link2H_4_0034"> LETTER XXII.</a> TO + GENERAL EDWARD STEVENS, September 15, 1780 <br /><br /> <a + href="#link2H_4_0035"> LETTER XXIII.</a> TO MAJOR GENERAL + GATES, September 23, 1780 <br /><br /> <a href="#link2H_4_0036"> LETTER + XXIV.</a> TO GENERAL WASHINGTON, September 23, 1780 <br /><br /> + <a href="#link2H_4_0037"> LETTER XXV.</a> TO HIS EXCELLENCY + GENERAL WASHINGTON, September 26,1780 <br /><br /> <a href="#link2H_4_0038"> + LETTER XXVI.</a> TO MAJOR GENERAL GATES, October 4, 1780 + <br /><br /> <a href="#link2H_4_0039"> LETTER XXVII.</a> TO + GENERAL GATES, October 15, 1780 <br /><br /> <a href="#link2H_4_0040"> + LETTER XXVIII.</a> TO GENERAL WASHINGTON, October 22, 1780 + <br /><br /> <a href="#link2H_4_0041"> LETTER XXIX.</a> TO + GENERAL WASHINGTON, October 25,1780 <br /><br /> <a href="#link2H_4_0042"> + LETTER XXX.</a> TO GENERAL WASHINGTON, October 26, 1780 <br /><br /> + <a href="#link2H_4_0043"> LETTER XXXI.</a> TO GENERAL GATES, + October 28, 1780 <br /><br /> <a href="#link2H_4_0044"> LETTER XXXII.</a> TO + GENERAL WASHINGTON, November 3,1780 <br /><br /> <a href="#link2H_4_0045"> + LETTER XXXIII.</a> TO GENERAL WASHINGTON, November 10, 1780 + <br /><br /> <a href="#link2H_4_0046"> LETTER XXXIV.</a> TO + GENERAL WASHINGTON, November 26, 1780 <br /><br /> <a href="#link2H_4_0047"> + LETTER XXXV.</a> TO GENERAL WASHINGTON, December 15,1780 + <br /><br /> <a href="#link2H_4_0048"> LETTER XXXVI.</a> TO + GENERAL WASHINGTON, January 10, 1781 <br /><br /> <a href="#link2H_4_0049"> + LETTER XXXVII.</a> TO THE PRESIDENT OF CONGRESS, Jan. 15, + 1781 <br /><br /> <a href="#link2H_4_0050"> LETTER XXXVIII.</a> TO + THE PRESIDENT OF CONGRESS, Jan. 15, 1781 <br /><br /> <a + href="#link2H_4_0051"> LETTER XXXIX.</a> TO THE PRESIDENT OF + CONGRESS, Jan. 17, 1781 <br /><br /> <a href="#link2H_4_0052"> LETTER XL.</a> TO + THE VIRGINIA DELEGATES IN CONGRESS, Jan. 18, 1781 <br /><br /> <a + href="#link2H_4_0053"> LETTER XLI.</a> TO GENERAL WASHINGTON, + February 8, 1781 <br /><br /> <a href="#link2H_4_0054"> LETTER XLII.</a> TO + GENERAL WASHINGTON, February 12, 1781 <br /><br /> <a href="#link2H_4_0055"> + LETTER XLIII.</a> TO GENERAL WASHINGTON, February 17, 1781 + <br /><br /> <a href="#link2H_4_0056"> LETTER XLIV.</a> TO + GENERAL GATES, February 17, 1781 <br /><br /> <a href="#link2H_4_0057"> + LETTER XLV.</a> TO GENERAL WASHINGTON, February 26,1781 <br /><br /> + <a href="#link2H_4_0058"> LETTER XLVI.</a> TO GENERAL + WASHINGTON, March 8, 1781 <br /><br /> <a href="#link2H_4_0059"> LETTER + XLVII.</a> TO THE PRESIDENT OF CONGRESS, March 19,1781 <br /><br /> + <a href="#link2H_4_0060"> LETTER XLVIII.</a> TO THE PRESIDENT + OF CONGRESS, March 21, 1781 <br /><br /> <a href="#link2H_4_0061"> LETTER + XLIX.</a> TO THE PRESIDENT OF CONGRESS, March 26,1781 <br /><br /> + <a href="#link2H_4_0062"> LETTER L.</a> TO THE PRESIDENT OF + CONGRESS, March 28, 1781 <br /><br /> <a href="#link2H_4_0063"> LETTER LI.</a> TO + THE PRESIDENT OF CONGRESS, March 31, 1781 <br /><br /> <a + href="#link2H_4_0064"> LETTER LII.</a> TO THE PRESIDENT OF + CONGRESS, April 7, 1781 <br /><br /> <a href="#link2H_4_0065"> LETTER + LIII.</a> TO THE PRESIDENT OF CONGRESS, April 18, 1781 <br /><br /> + <a href="#link2H_4_0066"> LETTER LIV.</a> TO GENERAL + WASHINGTON, April 23,1781 <br /><br /> <a href="#link2H_4_0067"> LETTER + LV.</a> TO GENERAL WASHINGTON, May 9, 1781 <br /><br /> <a + href="#link2H_4_0068"> LETTER LVI.</a> TO THE VIRGINIA + DELEGATES IN CONGRESS, May 10, 1781 <br /><br /> <a href="#link2H_4_0069"> + LETTER LVII.</a> TO GENERAL WASHINGTON, May 28,1781 <br /><br /> + <a href="#link2H_4_0070"> LETTER, LVIII.</a> TO GENERAL + WASHINGTON, April 16, 1784 <br /><br /> <a href="#link2H_4_0071"> LETTER + LIX.</a> TO COLONEL URIAH FORREST, October 20, 1784 <br /><br /> + <a href="#link2H_4_0072"> LETTER LX.</a> TO JOHN JAY, May 11, + 1785 <br /><br /> <a href="#link2H_4_0073"> LETTER LXI.</a> TO + GENERAL CHASTELLUX, June 7,1785 <br /><br /> <a href="#link2H_4_0074"> + LETTER LXII.</a> TO JOHN ADAMS, June 15, 1785 <br /><br /> <a + href="#link2H_4_0075"> LETTER LXIII.</a> TO THE GOVERNOR OF + VIRGINIA, June 16, 1785 <br /><br /> <a href="#link2H_4_0076"> LETTER + LXIV.</a> TO COLONEL MONROE, June 17, 1785 <br /><br /> <a + href="#link2H_4_0077"> LETTER LXV.</a> TO CHARLES THOMSON, + June 21, 1785 <br /><br /> <a href="#link2H_4_0078"> LETTER LXVI.</a> TO + WILLIAM CARMICHAEL, June 22, 1785 <br /><br /> <a href="#link2H_4_0079"> + LETTER LXVII.</a> TO JOHN ADAMS, June 23, 1785 <br /><br /> <a + href="#link2H_4_0080"> LETTER LXVIII.</a> TO COLONEL MONROE, + July 5, 1785 <br /><br /> <a href="#link2H_4_0081"> LETTER LXIX.</a> TO + MRS. SPROWLE, July 5,1785 <br /><br /> <a href="#link2H_4_0082"> LETTER + LXX.</a> TO JOHN ADAMS, July 7, 1785 <br /><br /> <a + href="#link2H_4_0083"> LETTER LXXI.</a> TO GENERAL + WASHINGTON, July 10, 1785 <br /><br /> <a href="#link2H_4_0084"> LETTER + LXXII.</a> TO THE GOVERNOR OF VIRGINIA, July 11, 1785 <br /><br /> + <a href="#linkletter73"> LETTER LXXIII.</a> TO THE PRESIDENT + OF CONGRESS, July 12, 1785 <br /><br /> <a href="#link2H_4_0085"> LETTER + LXXIV.</a> TO THE VIRGINIA DELEGATES IN CONGRESS, July + 12,1785 <br /><br /> <a href="#link2H_4_0086"> LETTER LXXV.</a> TO + JOHN JAY, July 12,1785 <br /><br /> <a href="#link2H_4_0087"> LETTER + LXXVI.</a> TO MONSIEUR BRIET, July 13, 1785 <br /><br /> <a + href="#link2H_4_0088"> LETTER LXXVII.</a> TO MESSRS. FRENCH + AND NEPHEW, July 13,1785 <br /><br /> <a href="#link2H_4_0089"> LETTER + LXXVIII.</a> TO DR. STILES, July 17,1785 <br /><br /> <a + href="#link2H_4_0090"> LETTER LXXIX.</a> TO JOHN ADAMS, July + 28, 1785 <br /><br /> <a href="#link2H_4_0091"> LETTER LXXX.</a> TO + HOGENDORP, July 29, 1785 <br /><br /> <a href="#link2H_4_0092"> LETTER + LXXXI.</a> TO MESSRS. N. AND J. VAN STAPHORST, July 30, 1785 + <br /><br /> <a href="#link2H_4_0093"> LETTER LXXXII.</a> TO + JOHN ADAMS, July 31, 1785 <br /><br /> <a href="#link2H_4_0094"> LETTER + LXXXIII.</a> TO M. DE CASTRIES, August 3,1785 <br /><br /> <a + href="#link2H_4_0095"> LETTER LXXXIV.</a> TO CAPTAIN JOHN + PAUL JONES, August 3,1785 <br /><br /> <a href="#link2H_4_0096"> LETTER + LXXXV.</a> TO JOHN ADAMS, August 6, 1785 <br /><br /> <a + href="#link2H_4_0097"> LETTER LXXXVI.</a> TO DR. PRICE, + August 7,1785 <br /><br /> <a href="#link2H_4_0098"> LETTER LXXXVII.</a> TO + JOHN ADAMS, August 10,1785 <br /><br /> <a href="#link2H_4_0099"> LETTER + LXXXVIII.</a> TO MRS. SPROWLE, August 10, 1785 <br /><br /> <a + href="#link2H_4_0100"> LETTER LXXXIX.</a> TO CAPTAIN JOHN + PAUL JONES, August 13, 1785 <br /><br /> <a href="#link2H_4_0101"> LETTER + XC.</a> TO MESSRS. BUCHANAN AND HAY, August 13, 1785 <br /><br /> + <a href="#link2H_4_0102"> LETTER XCI.</a> TO JOHN JAY, August + 14, 1785 <br /><br /> <a href="#link2H_4_0103"> LETTER XCII.</a> TO + THE COUNT DE VERGENNES, August 15, 1785 <br /><br /> <a + href="#link2H_4_0104"> LETTER XCIII.</a> TO CAPTAIN JOHN PAUL + JONES, August 17, 1785 <br /><br /> <a href="#link2H_4_0105"> LETTER XCIV.</a> TO + WILLIAM CARMICHAEL, August 18, 1785 <br /><br /> <a href="#link2H_4_0106"> + LETTER XCV.</a> TO PETER CARR <br /><br /> <a + href="#link2H_4_0107"> LETTER XCVI.</a> TO JOHN PAGE, August + 20 1785 <br /><br /> <a href="#link2H_4_0108"> LETTER XCVII.</a> TO + JOHN JAY, August 23, 1785 <br /><br /> <a href="#link2H_4_0109"> LETTER + XCVIII.</a> TO COLONEL MONROE, August 28, 1735 <br /><br /> <a + href="#link2H_4_0110"> LETTER XCIX.</a> TO CAPTAIN JOHN PAUL + JONES, August 29,1785 <br /><br /> <a href="#link2H_4_0111"> LETTER C.</a> TO + JOHN JAY, August 30,1785 <br /><br /> <a href="#link2H_4_0112"> LETTER CI.</a> TO + JAMES MADISON, September 1,1785 <br /><br /> <a href="#link2H_4_0113"> + LETTER CII.</a> TO MESSRS. DUMAS AND SHORT, September 1, 1785 + <br /><br /> <a href="#link2H_4_0114"> LETTER CIII.</a> TO JOHN + ADAMS, September 4, 1785 <br /><br /> <a href="#link2H_4_0115"> LETTER + CIV.</a> TO DAVID HARTLEY, September 5, 1785 <br /><br /> <a + href="#link2H_4_0116"> LETTER CV.</a> TO BARON GEISMER, + September 6, 1785 <br /><br /> <a href="#link2H_4_0117"> LETTER CVI.</a> TO + JOHN LANGDON, September 11, 1785 <br /><br /> <a href="#link2H_4_0118"> + LETTER CVII.</a> LISTER ASQUITH, September 14, 1785 <br /><br /> + <a href="#link2H_4_0119"> LETTER CVIII.</a> TO JOHN ADAMS, + September 19, 1785 <br /><br /> <a href="#link2H_4_0120"> LETTER CIX.</a> TO + JAMES MADISON, September 20, 1785 <br /><br /> <a href="#link2H_4_0121"> + LETTER CX.</a> TO EDMUND RANDOLPH, September 20,1785 <br /><br /> + <a href="#link2H_4_0122"> LETTER CXI.</a> TO JOHN ADAMS, + September 24, 1785 <br /><br /> <a href="#link2H_4_0123"> LETTER CXII.</a> TO + JOHN ADAMS, September 24,1785 <br /><br /> <a href="#link2H_4_0124"> + LETTER CXIII.</a> TO F. HOPKINSON, September 25, 1785 <br /><br /> + <a href="#link2H_4_0125"> LETTER CXIV.</a> TO LISTER ASQUITH, + September 26,1785 <br /><br /> <a href="#link2H_4_0126"> LETTER CXV.</a> TO + R. IZARD, September 26,1783 <br /><br /> <a href="#link2H_4_0127"> LETTER + CXVI.</a> TO RICHARD O’BRYAN, September 29, 1785 <br /><br /> + <a href="#link2H_4_0128"> LETTER CXVII.</a> TO MR. BELLINI, + September 30,1785 <br /><br /> <a href="#link2H_4_0129"> LETTER CXVIII.</a> JAMES + MADISON, October 2, 1785 <br /><br /> <a href="#link2H_4_0130"> LETTER + CXIX.</a> TO DR. FRANKLIN, October 5,1785 <br /><br /> <a + href="#link2H_4_0131"> LETTER CXX.</a> TO SAMUEL OSGOOD, + October 5, 1785 <br /><br /> <a href="#link2H_4_0132"> LETTER CXXI.</a> TO + JOHN JAY, October 6, 1785 <br /><br /> <a href="#link2H_4_0133"> LETTER + CXXII.</a> TO ELBRIDGE GERRY, October 11, 1785 <br /><br /> <a + href="#link2H_4_0134"> LETTER CXXIII.</a> TO THE COUNT DE + VERGENNES, October 11, 1785 <br /><br /> <a href="#link2H_4_0135"> LETTER + CXXIV.</a> TO JOHN JAY, October 11,1785 <br /><br /> <a + href="#link2H_4_0136"> LETTER CXXV.</a> TO MESSRS. VAN + STAPHORST, October 12, 1785 <br /><br /> <a href="#link2H_4_0137"> LETTER + CXXVI.</a> TO MONSIEUR DESBORDES, October 12,1785 <br /><br /> + <a href="#link2H_4_0138"> LETTER CXXVII.</a> TO HOGENDORP, + October 13,1785 <br /><br /> <a href="#link2H_4_0139"> LETTER CXXVIII.</a> TO + J. BANNISTER, JUNIOR, October 15,1785 <br /><br /> <a href="#link2H_4_0140"> + LETTER CXXIX.</a> TO MR. CARMICHAEL, October 18, 1785 <br /><br /> + <a href="#link2H_4_0141"> LETTER CXXX.</a> TO MESSRS. VAN + STAPHORSTS, October 25,1785 <br /><br /> <a href="#link2H_4_0142"> LETTER + CXXXI.</a> TO WILLIAM CARMICHAEL, November 4, 1785 <br /><br /> + <a href="#link2H_4_0143"> LETTER CXXXII.</a> TO RICHARD + O’BRYAN, November 4, 1785 <br /><br /> <a href="#link2H_4_0144"> LETTER + CXXXIII.</a> TO W. W. SEWARD, November 12,1785 <br /><br /> <a + href="#link2H_4_0145"> LETTER CXXXIV.</a> TO THE COUNT DE + VERGENNES, November 14,1785 <br /><br /> <a href="#link2H_4_0146"> LETTER + CXXXV.</a> TO JOHN ADAMS, November 19, 1785 <br /><br /> <a + href="#link2H_4_0147"> LETTER CXXXVI.</a> TO THE COUNT DE + VERGENNES, November 20, 1785 <br /><br /> <a href="#link2H_4_0148"> LETTER + CXXXVII.</a> TO LISTER ASQUITH, November 23, 1785 <br /><br /> + <a href="#link2H_4_0149"> LETTER CXXXVIII.</a> TO JOHN ADAMS, + November 27, 1785 <br /><br /> <a href="#link2H_4_0150"> LETTER CXXXIX.</a> TO + COLONEL HUMPHREYS, December 4,1785 <br /><br /> <a href="#link2H_4_0151"> + LETTER CXL.</a> TO JOHN ADAMS, December 10, 1785 <br /><br /> + <a href="#link2H_4_0152"> LETTER CXLI.</a> TO JOHN ADAMS, + December 11, 1785 <br /><br /> <a href="#link2H_4_0153"> LETTER CXLII.</a> TO + THE COUNT DE VERGENNES, December 21, 1785 <br /><br /> <a + href="#link2H_4_0154"> LETTER CXLIII.</a> TO THE GOVERNOR OF + GEORGIA, December 22, 1785 <br /><br /> <a href="#link2H_4_0155"> LETTER + CXLIV.</a> TO THE GEORGIA DELEGATES IN CONGRESS, Dec. 22, + 1785 <br /><br /> <a href="#link2H_4_0156"> LETTER CXLV.</a> TO + JOHN ADAMS, December 27, 1785 <br /><br /> <a href="#link2H_4_0157"> + LETTER CXLVI.</a> TO JOHN JAY, January 2,1786 <br /><br /> <a + href="#link2H_4_0158"> LETTER CXLVII.</a> TO T. HOPKINSON, + January 3, 1786 <br /><br /> <a href="#link2H_4_0159"> LETTER CXLVIII.</a> TO + GENERAL WASHINGTON, January 4, 1786 <br /><br /> <a href="#link2H_4_0160"> + LETTER CXLIX.</a> TO A. CARY, January 7, 1786 <br /><br /> <a + href="#link2H_4_0161"> LETTER CL.</a> TO MAJOR GENERAL + GREENE, January 12, 1786 <br /><br /> <a href="#link2H_4_0162"> LETTER + CLI.</a> TO LISTER ASQUITH, January 13, 1786 <br /><br /> <a + href="#link2H_4_0163"> RE QUESTIONS </a> FOR <i>ECONOMIE + POLITIQUE ET DIPLOMATIQUE</i> <br /><br /> <a href="#link2H_4_0164"> + ARTICLE </a> BY JEFFERSON: ‘<i>Etats Unis,</i>’ FOR THE <i>Encyclopédie + Méthodique</i> <br /><br /> <a href="#link2H_4_0165"> LETTER CLII.</a> TO + MR. RITTENHOUSE, January 25,1786 <br /><br /> <a href="#link2H_4_0166"> + LETTER CLIII.</a> TO A. STEWART, January 25, 1786 <br /><br /> + <a href="#link2H_4_0167"> LETTER CLIV.</a> TO THE + COMMISSIONERS OF THE TREASURY, January 26, 1786 <br /><br /> <a + href="#link2H_4_0168"> LETTER CLV.</a> TO MESSRS. BUCHANAN + AND HAY, January 26, 1786 <br /><br /> <a href="#link2H_4_0169"> LETTER + CLVI.</a> TO JOHN ADAMS, February 7, 1786 <br /><br /> <a + href="#link2H_4_0170"> LETTER CLVII.</a> TO JAMES MADISON, + February 8, 1786 <br /><br /> <a href="#link2H_4_0171"> LETTER CLVIII.</a> TO + THE MARQUIS DE LA FAYETTE, February 9, 1786 <br /><br /> <a + href="#link2H_4_0172"> LETTER CLIX.</a> TO MONSIEUR HILLIARD + d’AUBERTEUIL, Feb. 20, 1786 <br /><br /> <a href="#link2H_4_0173"> LETTER + CLX.</a> TO THE COUNT DE VERGENNES, February 28,1786 <br /><br /> + <a href="#link2H_4_0174"> LETTER CLXI.</a> TO MONSIEUR DE + REYNEVAL, March 8, 1786 <br /><br /> <a href="#link2H_4_0175"> LETTER + CLXII.</a> TO JOHN JAY, March 12, 1786 <br /><br /> <a + href="#link2H_4_0176"> LETTER CLXIII.</a> TO COLONEL + HUMPHREYS, March 14, 1786 <br /><br /> <br /> <a href="#link2H_APPE2"> <b><big>APPENDIX.</big></b></a> + <br /><br /> <a href="#link2H_4_0178"> [NOTE A.]</a> TO THE + GOVERNOR OF VIRGINIA. <br /><br /> <a href="#link2H_4_0179"> IN COUNCIL, + </a> June 18, 1779 <br /><br /> <a href="#link2H_4_0180"> [NOTE + B]</a> IN COUNCIL, September 29, 1779. <br /><br /> <a + href="#link2H_4_0181"> [NOTE C]</a> IN COUNCIL, October 8, + 1779. <br /><br /> <a href="#link2H_4_0182"> [NOTE D.]</a> FEMALE + CONTRIBUTIONS, IN AID OF THE WAR, probably in 1780 <br /><br /> <a + href="#link2H_4_0183"> [NOTE E.]</a> FROM LORD CORNWALLIS + <br /><br /> <a href="#link2H_4_0184"> [NOTE F.]</a> TO LORD + CORNWALLIS <br /><br /> <br /> <br /> + </p> + <hr /> + <p> + <a name="linkillustrations" id="linkillustrations"></a><br /> <br /> <br /> + </p> + <h2> + List of Illustrations + </h2> + <p class="toc"> + <a href="#linkimage-0001"> Book Spines, 1829 Set of Jefferson Papers + </a> + </p> + <p class="toc"> + <a href="#linkimage-0002"> Steel Engraving by Longacre from Painting of + G. Stuart </a> + </p> + <p class="toc"> + <a href="#linkimage-0003"> Titlepage of Volume One (of Four) </a> + </p> + <p class="toc"> + <a href="#linkimage-0004"> Page One of Jefferson’s Memoir, Page001 </a> + </p> + <p class="toc"> + <a href="#linkimage-0005"> Draft of Declaration Of Independence, Page016 + </a> + </p> + <p class="toc"> + <a href="#linkimage-0006"> Draft of Declaration Of Independence, Page017 + </a> + </p> + <p class="toc"> + <a href="#linkimage-0007"> Draft of Declaration Of Independence, Page018 + </a> + </p> + <p class="toc"> + <a href="#linkimage-0008"> Draft of Declaration Of Independence, Page019 + </a> + </p> + <p class="toc"> + <a href="#linkimage-0009"> Draft of Declaration Of Independence, Page020 + </a> + </p> + <p class="toc"> + <a href="#linkimage-0010"> Draft of Declaration Of Independence, Page021 + </a> + </p> + <p class="toc"> + <a href="#linkimage-0011"> <big><b>Facsimile of Declaration in + Jefferson’s Handwriting—p1</b></big> </a> + </p> + <p class="toc"> + <a href="#linkimage-0012"> <big><b>Facsimile of Declaration in + Jefferson’s Handwriting—p2</b></big> </a> + </p> + <p class="toc"> + <a href="#linkimage-0013"> <big><b>Facsimile of Declaration in + Jefferson’s Handwriting—p3 </b></big> </a> + </p> + <p class="toc"> + <a href="#linkimage-0014"> <big><b>Facsimile of Declaration in + Jefferson’s Handwriting—p4 </b></big> </a> + </p> + <p class="toc"> + <a href="#linkimage-0015"> Financial Projection, American Embassy Paris, + Page068 </a> + </p> + <p class="toc"> + <a href="#linkimage-0016"> Acts of King George and Parliament, Page107 + </a> + </p> + <p class="toc"> + <a href="#linkcrimes"> Bill for Proportioning Crimes and Punishments, + Page120 </a> + </p> + <p class="toc"> + <a href="#linkimage-0017"> Bill for Proportioning Crimes and + Punishments, Page121 </a> + </p> + <p class="toc"> + <a href="#linkimage-0018"> Bill for Proportioning Crimes and + Punishments, Page122 </a> + </p> + <p class="toc"> + <a href="#linkimage-0019"> Bill for Proportioning Crimes and + Punishments, Page123 </a> + </p> + <p class="toc"> + <a href="#linkimage-0020"> Bill for Proportioning Crimes and + Punishments, Page124 </a> + </p> + <p class="toc"> + <a href="#linkimage-0021"> Bill for Proportioning Crimes and + Punishments, Page125 </a> + </p> + <p class="toc"> + <a href="#linkimage-0022"> Bill for Proportioning Crimes and + Punishments, Page126 </a> + </p> + <p class="toc"> + <a href="#linkimage-0023"> Bill for Proportioning Crimes and + Punishments, Page127 </a> + </p> + <p class="toc"> + <a href="#linkimage-0024"> Bill for Proportioning Crimes and + Punishments, Page128 </a> + </p> + <p class="toc"> + <a href="#linkimage-0025"> Bill for Proportioning Crimes and + Punishments, Page129 </a> + </p> + <p class="toc"> + <a href="#linkimage-0026"> Bill for Proportioning Crimes and + Punishments, Page130 </a> + </p> + <p class="toc"> + <a href="#linkimage-0027"> Bill for Proportioning Crimes and + Punishments, Page131 </a> + </p> + <p class="toc"> + <a href="#linkimage-0028"> Bill for Proportioning Crimes and + Punishments, Page132 </a> + </p> + <p class="toc"> + <a href="#linkimage-0029"> Bill for Proportioning Crimes and + Punishments, Page133 </a> + </p> + <p class="toc"> + <a href="#linkimage-0030"> Monetary Arithmetic </a> + </p> + <p class="toc"> + <a href="#linkimage-0031"> Sir Isaac Newton’s Assay, Page137 </a> + </p> + <p class="toc"> + <a href="#linkimage-0032"> Projected Coin Weights, Page138 </a> + </p> + <p class="toc"> + <a href="#linkimage-0033"> Suggested Packet Project, Page251 </a> + </p> + <p class="toc"> + <a href="#linkimage-0034"> The Plexi-chronometer, Page391 </a> + </p> + <p class="toc"> + <a href="#linkimage-0035"> Population Estimates—1775, Page422 </a> + </p> + <p class="toc"> + <a href="#linkimage-0036"> Population Estimates—1785, Page424 </a> + </p> + </blockquote> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_PREF" id="link2H_PREF"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PREFACE. + </h2> + <p> + The opinion universally entertained of the extraordinary abilities of + Thomas Jefferson, and the signal evidence given by his country, of a + profound sense of his patriotic services, and of veneration for his + memory, have induced the Editor, who is both his Executor and the Legatee + of his Manuscript Papers, to believe that an extensive publication from + them would be particularly acceptable to the American people. + </p> + <p> + The Memoir, contained in the first volume, commences with circumstantial + notices of his earliest life; and is continued to his arrival in New York, + in March, 1790, when he entered on the duties of the Department of State, + of which he had been just appointed Secretary. + </p> + <p> + From the aspect of the Memoir, it may be presumed that parts of it, at + least, had been written for his own and his family’s use only; and in a + style without the finish of his revising pen. There is, however, no part + of it, minute and personal as it may be, which the Reader would wish to + have been passed over by the Editor; whilst not a few parts of that + description will, by some, be regarded with a particular interest. + </p> + <p> + The contents of the Memoir, succeeding the biographical pages, may be + designated as follows: + </p> + <p> + I. General facts and anecdotes relating to the origin and early stages of + the contest with Great Britain. + </p> + <p> + II. Historical circumstances relating to the Confederation of the States. + </p> + <p> + III. Facts and anecdotes, local and general, preliminary to the + Declaration of Independence. + </p> + <p> + IV. An exact account of the circumstances attending that memorable act, in + its preparation and its progress through Congress; with a copy from the + original draught, <i>in the hand-writing of the Author;</i> and a parallel + column, in the same hand, showing the alterations made in the draught by + Congress. + </p> + <p> + The Memoir will be considered not a little enriched by the Debates in + Congress, on the great question of Independence, as they were taken down + by Mr. Jefferson at the time, and which, though in a compressed form, + present the substance of what passed on that memorable occasion. This + portion of the work derives peculiar value from its perfect authenticity, + being all in the hand-writing of that distinguished member of the body; + from the certainty that this is the first disclosure to the world of those + Debates; and from the probability, or rather certainty, that a like + knowledge of them is not to be expected from any other source. The same + remarks are applicable to the Debates in the same Congress, preserved in + the same manner, on two of the original Articles of Confederation. The + first is the Article fixing the rate of assessing the quotas of supply to + the common Treasury: the second is the Article which declares, “that in + determining questions, each Colony shall have one vote.” The Debates on + both are not only interesting in themselves, but curious, also, in + relation to like discussions of the same subjects on subsequent occasions. + </p> + <p> + V. Views of the connections and transactions of the United States with + foreign nations, at different periods; particularly, a narrative, with + many details, personal and political, of the causes and early course of + the French Revolution, as exhibited to the observation of the Author, + during his diplomatic residence at Paris. The narrative, with the + intermingled reflections on the character and consequences of that + Revolution, fills a considerable space in the Memoir, and forms a very + important part of it. + </p> + <p> + VI. Within the body of the Memoir, or referred to as an appendix, are + other papers which were thought well entitled to the place they occupy. + Among them, are, 1. A paper drawn up in the year 1774, as “Instructions to + our Delegates in Congress.” Though heretofore in print, it will be new to + most readers; and will be regarded by all, as the most ample and precise + enumeration of British violations that had then appeared, or, perhaps, + that has since been presented in a form at once so compact and so + complete. 2. A Penal Code, being part of a Revised Code of Laws, prepared + by appointment of the Legislature of Virginia, in 1776, with reference to + the Republican form of Government, and to the principles of humanity + congenial therewith, and with the improving spirit of the age. Annexed to + the several articles, are explanatory and other remarks of the Author, + worthy of being preserved by the aid of the press. 3. A historical and + critical review of the repeal of the laws establishing the Church in + Virginia; which was followed by the “Act for establishing religious + freedom.” This act, it is well known, was always held by Mr. Jefferson to + be one of his best efforts in the cause of liberty, to which he was + devoted: and it is certainly the strongest legal barrier that could be + erected against a connection between Church and State, so fatal in its + tendency to the purity of both. 4. An elaborate paper concerning a Money + Unit, prepared in the year 1784, and which laid the foundation of the + system adopted by Congress, for a coinage and money of account. For other + particulars, not here noted, the Reader is referred to the volume itself. + </p> + <p> + The termination of the Memoir, at the date mentioned, by the Author, may + be explained by the laborious tasks assumed or not declined by him, on his + return to private life; which, with his great age, did not permit him to + reduce his materials into a state proper to be embodied in such a work. + </p> + <p> + The other volumes contain, I. Letters from 1775, to his death, addressed + to a very great variety of individuals; and comprising a range of + information, and, in many instances, regular essays, on subjects of + History, Politics, Science, Morals, and Religion. The letters to him are + omitted, except in a very few instances, where it was supposed their + publication would be generally acceptable, from the important character of + the communication, or the general interest in the views of the writer; or + where the whole or a part of a letter had been filed for the better + understanding of the answer. + </p> + <p> + In these cases, such letters are inserted in the body of the work, or in + an appendix, as their importance, and connection with the subject + discussed by the author, rendered advisable. And where inferences from the + tenor of the answer, might in any way affect the correspondent, his name + does not appear in the copy filed. The historical parts of the letters, + and the entire publication, have the rare value of coming from one of the + chief actors himself, and of being written, not for the public eye, but in + the freedom and confidence of private friendship. + </p> + <p> + II. Notes of conversations, whilst Secretary of State, with President + Washington, and others high in office; and memoranda of Cabinet Councils, + committed to paper on the spot, and filed; the whole, with the explanatory + and miscellaneous additions, showing the views and tendencies of parties, + from the year 1789 to 1800. + </p> + <p> + Appended to the publication, is a ‘Facsimile’ of the rough draught of the + Declaration of Independence, in which will be seen the erasures, + interlineations, and additions of Dr. Franklin and Mr. Adams, two of the + appointed Committee, in the handwriting of each. + </p> + <p> + The Editor, though he cannot be insensible to the genius, the learning, + the philosophic inspiration, the generous devotion to virtue, and the love + of country, displayed in the writings now committed to the press, is + restrained, not less by his incompetency, than by his relation to the + Author, from dwelling on themes which belong to an eloquence that can do + justice to the names of illustrious benefactors to their country and to + their fellow men. + </p> + <p> + Albemarle, Va., January, 1829. + </p> + <p> + <a name="linkimage-0004" id="linkimage-0004"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page001.jpg" + alt="Page One of Jefferson’s Memoir, Page001 " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0002" id="link2H_4_0002"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + MEMOIR. + </h2> + <p> + January 6, 1821. At the age of 77, I begin to make some memoranda, and + state some recollections of dates and facts concerning myself, for my own + more ready reference, and for the information of my family. + </p> + <p> + The tradition in my father’s family was, that their ancestor came to this + country from Wales, and from near the mountain of Snowden, the highest in + Great Britain. I noted once a case from Wales, in the law reports, where a + person of our name was either plaintiff or defendant; and one of the same + name was secretary to the Virginia Company. These are the only instances + in which I have met with the name in that country. I have found it in our + early records; but the first particular information I have of any ancestor + was of my grandfather, who lived at the place in Chesterfield called + Ozborne’s, and owned the lands afterwards the glebe of the parish. He had + three sons; Thomas who died young, Field who settled on the waters of + Roanoke and left numerous descendants, and Peter, my father, who settled + on the lands I still own, called Shadwell, adjoining my present residence. + He was born February 29, 1707-8, and intermarried 1739, with Jane + Randolph, of the age of 19, daughter of Isham Randolph, one of the seven + sons of that name and family settled at Dungeoness in Goochland. They + trace their pedigree far back in England and Scotland, to which let every + one ascribe the faith and merit he chooses. + </p> + <p> + My father’s education had been quite neglected; but being of a strong + mind, sound judgment, and eager after information, he read much and + improved himself, insomuch that he was chosen, with Joshua Fry, professor + of Mathematics in William and Mary college, to continue the boundary line + between Virginia and North Carolina, which had been begun by Colonel Byrd; + and was afterwards employed with the same Mr. Fry, to make the first map + of Virginia which had ever been made, that of Captain Smith being merely a + conjectural sketch. They possessed excellent materials for so much of the + country as is below the Blue Ridge; little being then known beyond that + Ridge. He was the third or fourth settler, about the year 1737, of the + part of the country in which I live. He died August 17th, 1757, leaving my + mother a widow, who lived till 1776, with six daughters and two sons, + myself the elder. To my younger brother he left his estate on James river, + called Snowden, after the supposed birth-place of the family: to myself, + the lands on which I was born and live. He placed me at the English school + at five years of age; and at the Latin at nine, where I continued until + his death. My teacher, Mr. Douglas, a clergyman from Scotland, with the + rudiments of the Latin and Greek languages, taught me the French; and on + the death of my father, I went to the Reverend Mr. Maury, a correct + classical scholar, with whom I continued two years; and then, to wit, in + the spring of 1760, went to William and Mary college, where I continued + two years. It was my great good fortune, and what probably fixed the + destinies of my life, that Dr. William Small of Scotland was then + professor of Mathematics, a man profound in most of the useful branches of + science, with a happy talent of communication, correct and gentlemanly + manners, and an enlarged and liberal mind. He, most happily for me, became + soon attached to me, and made me his daily companion when not engaged in + the school; and from his conversation I got my first views of the + expansion of science, and of the system of things in which we are placed. + Fortunately, the philosophical chair became vacant soon after my arrival + at college, and he was appointed to fill it per interim: and he was the + first who ever gave, in that college, regular lectures in Ethics, + Rhetoric, and Belles lettres. He returned to Europe in 1762, having + previously filled up the measure of his goodness to me, by procuring for + me, from his most intimate friend George Wythe, a reception as a student + of Law, under his direction, and introduced me to the acquaintance and + familiar table of Govenor Fauquier, the ablest man who had ever filled + that office. With him, and at his table, Dr. Small and Mr. Wythe, his <i>amici + omnium horarum,</i> and myself, formed a <i>partie quarrée,</i> and to the + habitual conversations on these occasions I owed much instruction. Mr. + Wythe continued to be my faithful and beloved Mentor in youth, and my most + affectionate friend through life. In 1767, he led me into the practice of + the law at the bar of the General Court, at which I continued until the + Revolution shut up the courts of justice.* + </p> +<pre xml:space="preserve"> + * For a sketch of the life and character of Mr. Wythe, see + my letter of August 31, 1820, to Mr. John Saunderson. [See + Appendix, note A.] +</pre> + <p> + In 1769, I became a member of the legislature by the choice of the county + in which I live, and so continued until it was closed by the Revolution. I + made one effort in that body for the permission of the emancipation of + slaves, which was rejected: and indeed, during the regal government, + nothing liberal could expect success. Our minds were circumscribed within + narrow limits, by an habitual belief that it was our duty to be + subordinate to the mother country in all matters of government, to direct + all our labors in subservience to her interests, and even to observe a + bigoted intolerance for all religions but hers. The difficulties with our + representatives were of habit and despair, not of reflection and + conviction. Experience soon proved that they could bring their minds to + rights, on the first summons of their attention. But the King’s Council, + which acted as another house of legislature, held their places at will, + and were in most humble obedience to that will: the Governor too, who had + a negative on our laws, held by the same tenure, and with still greater + devotedness to it: and, last of all, the Royal negative closed the last + door to every hope of melioration. + </p> + <p> + On the 1st of January, 1772, I was married to Martha Skelton, widow of + Bathurst Skelton, and daughter of John Wayles, then twenty-three years + old. Mr. Wayles was a lawyer of much practice, to which he was introduced + more by his great industry, punctuality and practical readiness, than by + eminence in the science of his profession. He was a most agreeable + companion, full of pleasantry and good humor, and welcomed in every + society. He acquired a handsome fortune, and died in May, 1773, leaving + three daughters: the portion which came on that event to Mrs. Jefferson, + after the debts should be paid, which were very considerable, was about + equal to my own patrimony, and consequently doubled the ease of our + circumstances. + </p> + <p> + When the famous Resolutions of 1765, against the Stamp-act, were proposed, + I was yet a student of law in Williamsburg. I attended the debate, + however, at the door of the lobby of the House of Burgesses, and heard the + splendid display of Mr. Henry’s talents as a popular orator. They were + great indeed; such as I have never heard from any other man. He appeared + to me, to speak as Homer wrote. Mr. Johnson, a lawyer, and member from the + Northern Neck, seconded the resolutions, and by him the learning and logic + of the case were chiefly maintained. My recollections of these + transactions may be seen page 60 of the “Life of Patrick Henry,” by Wirt, + to whom I furnished them. + </p> + <p> + In May, 1769, a meeting of the General Assembly was called by the + Governor, Lord Botetourt. I had then become a member; and to that meeting + became known the joint resolutions and address of the Lords and Commons of + 1768-9, on the proceedings in Massachusetts. Counter-resolutions, and an + address to the King by the House of Burgesses, were agreed to with little + opposition, and a spirit manifestly displayed itself of considering the + cause of Massachusetts as a common one. The Governor dissolved us: but we + met the next day in the Apollo* of the Raleigh tavern, formed ourselves + into a voluntary convention, drew up articles of association against the + use of any merchandise imported from Great Britain, signed and recommended + them to the people, repaired to our several counties, and were re-elected + without any other exception than of the very few who had declined assent + to our proceedings. + </p> +<pre xml:space="preserve"> + * The name of a public room in the Raleigh. +</pre> + <p> + Nothing of particular excitement occurring for a considerable time, our + countrymen seemed to fall into a state of insensibility to our situation; + the duty on tea, not yet repealed, and the declaratory act of a right in + the British Parliament, to bind us by their laws in all cases whatsoever, + still suspended over us. But a court of inquiry held in Rhode Island in + 1762, with a power to send persons to England to be tried for offences + committed here, was considered, at our session of the spring of 1773, as + demanding attention. Not thinking our old and leading members up to the + point of forwardness and zeal which the times required, Mr. Henry, Richard + Henry Lee, Francis L. Lee, Mr. Carr, and myself agreed to meet in the + evening, in a private room of the Raleigh, to consult on the state of + things. There may have been a member or two more whom I do not recollect. + We were all sensible that the most urgent of all measures was that of + coming to an understanding with all the other colonies, to consider the + British claims as a common cause to all, and to produce a unity of action: + and for this purpose that a committee of correspondence in each colony + would be the best instrument for intercommunication: and that their first + measure would probably be, to propose a meeting of deputies from every + colony, at some central place, who should be charged with the direction of + the measures which should be taken by all. We therefore drew up the + resolutions which may be seen in Wirt, page 87. The consulting members + proposed to me to move them, but I urged that it should be done by Mr. + Carr, my friend and brother-in-law, then a new member, to whom I wished an + opportunity should be given of making known to the house his great worth + and talents. It was so agreed; he moved them, they were agreed to <i>nem. + con.</i> and a committee of correspondence appointed, of whom Peyton + Randolph, the speaker, was chairman. + </p> + <p> + The Governor (then Lord Dunmore) dissolved us, but the committee met the + next day, prepared a circular letter to the speakers, of the other + colonies, inclosing to each a copy of the resolutions, and left it in + charge with their chairman to forward them by expresses. + </p> + <p> + The origination of these committees of correspondence between the + colonies, has been since claimed for Massachusetts, and Marshall * has + given in to this error, although the very note of his appendix to which he + refers, shows that their establishment was confined to their own towns. + This matter will be seen clearly stated in a letter of Samuel Adams Wells + to me of April 2nd, 1819, and my answer of May 12th. I was corrected by + the letter of Mr. Wells in the information I had given Mr. Wirt, as stated + in his note, page 87, that the messengers of Massachusetts and Virginia + crossed each other on the way, bearing similar propositions; for Mr. Wells + shows that Massachusetts did not adopt the measure, but on the receipt of + our proposition, delivered at their next session. Their message, + therefore, which passed ours, must have related to something else, for I + well remember Peyton Randolph’s informing me of the crossing of our + messengers. ** + </p> +<pre xml:space="preserve"> + * Life of Washington, vol. ii. p. 151. + ** See Appendix, note B. +</pre> + <p> + The next event which excited our sympathies for Massachusetts, was the + Boston port bill, by which that port was to be shut up on the 1st of June, + 1774. This arrived while we were in session in the spring of that year. + The lead in the House, on these subjects, being no longer left to the old + members, Mr. Henry, R. H. Lee, Fr. L. Lee, three or four other members, + whom I do not recollect, and myself, agreeing that we must boldly take an + unequivocal stand in the line with Massachusetts, determined to meet and + consult on the proper measures, in the council chamber, for the benefit of + the library in that room. We were under conviction of the necessity of + arousing our people from the lethargy into which they had fallen, as to + passing events; and thought that the appointment of a day of general + fasting and prayer, would be most likely to call up and alarm their + attention. No example of such a solemnity had existed since the days of + our distress in the war of ‘55, since which a new generation had grown up. + With the help, therefore, of Rushworth, whom we rummaged over for the + revolutionary precedents and forms of the Puritans of that day, preserved + by him, we cooked up a resolution, somewhat modernizing their phrases, for + appointing the 1st day of June, on which the port bill was to commence, + for a day of fasting, humiliation, and prayer, to implore Heaven to avert + from us the evils of civil war, to inspire us with firmness in support of + our rights, and to turn the hearts of the King and Parliament to + moderation and justice. To give greater emphasis to our proposition, we + agreed to wait the next morning on Mr. Nicholas, whose grave and religious + character was more in unison with the tone of our resolution, and to + solicit him to move it. We accordingly went to him in the morning. He + moved it the same day; the 1st of June was proposed; and it passed without + opposition. The Governor dissolved us, as usual. We retired to the Apollo, + as before, agreed to an association, and instructed the committee of + correspondence to propose to the corresponding committees of the other + colonies, to appoint deputies to meet in Congress at such place, annually, + as should be convenient, to direct, from time to time, the measures + required by the general interest: and we declared that an attack on any + one colony should be considered as an attack on the whole. This was in + May. We further recommended to the several counties to elect deputies to + meet at Williamsburg, the 1st of August ensuing, to consider the state of + the colony, and particularly to appoint delegates to a general Congress, + should that measure be acceded to by the committees of correspondence + generally. It was acceded to; Philadelphia was appointed for the place, + and the 5th of September for the time of meeting. We returned home, and in + our several counties invited the clergy to meet assemblies of the people + on the 1st of June, to perform the ceremonies of the day, and to address + to them discourses suited to the occasion. The people met generally, with + anxiety and alarm in their countenances, and the effect of the day, + through the whole colony, was like a shock of electricity, arousing every + man and placing him erect and solidly on his centre. They chose, + universally, delegates for the convention. Being elected one for my own + county, I prepared a draught of instructions to be given to the delegates + whom we should send to the Congress, which I meant to propose at our + meeting. [See Appendix, note C.] In this I took the ground that, from the + beginning, I had thought the only one orthodox or tenable, which was, that + the relation between Great Britain and these colonies was exactly the same + as that of England and Scotland, after the accession of James and until + the union, and the same as her present relations with Hanover, having the + same executive chief, but no other necessary political connection; and + that our emigration from England to this country gave her no more rights + over us, than the emigrations of the Danes and Saxons gave to the present + authorities of the mother country, over England. In this doctrine, + however, I had never been able to get any one to agree with me but Mr. + Wythe. He concurred in it from the first dawn of the question, What was + the political relation between us and England? Our other patriots, + Randolph, the Lees, Nicholas, Pendleton, stopped at the half-way house of + John Dickinson, who admitted that England had a right to regulate our + commerce, and to lay duties on it for the purposes of regulation, but not + of raising revenue. But for this ground there was no foundation in + compact, in any acknowledged principles of colonization, nor in reason: + expatriation being a natural right, and acted on as such, by all nations, + in all ages. I set out for Williamsburg some days before that appointed + for the meeting, but taken ill of a dysentery on the road, and was unable + to proceed, I sent on, therefore, to Williamsburg two copies of my + draught, the one under cover to Peyton Randolph, who I knew would be in + the of the convention, the other to Patrick Henry. Whether Mr. Henry + disapproved the ground taken, or was too lazy to read it (for he was the + laziest man in reading I ever knew) I never learned: but he communicated + it to nobody. Peyton Randolph informed the convention he had received such + a paper from a member, prevented by sickness from offering it in his + place, and he laid it on the table for perusal. It was read generally by + the members, approved by many, though thought too bold for the present + state of things; but they printed it in pamphlet form, under the title of + ‘A Summary View of the Rights of British America.’ It found its way to + England, was taken up by the opposition, interpolated a little by Mr. + Burke so as to make it answer opposition purposes, and in that form ran + rapidly through several editions. This information I had from Parson Hurt, + who happened at the time to be in London, whither he had gone to receive + clerical orders; and I was informed afterwards by Peyton Randolph, that it + had procured me the honor of having my name inserted in a long list of + proscriptions, enrolled in a bill of attainder commenced in one of the + Houses of Parliament, but suppressed in embryo by the hasty step of + events, which warned them to be a little cautious. Montague, agent of the + House of Burgesses in England, made extracts from the bill, copied the + names, and sent them to Peyton Randolph. The names I think were about + twenty, which he repeated to me, but I recollect those only of Hancock, + the two Adamses, Peyton Randolph himself, Patrick Henry, and myself.* The + convention met on the 1st of August, renewed their association, appointed + delegates to the Congress, gave them instructions very temperately and + properly expressed, both as to style and matter; ** and they repaired to + Philadelphia at the time appointed. The splendid proceedings of that + Congress, at their first session, belong to general history, are known to + every one, and need not therefore be noted here. They terminated their + session on the 26th of October, to meet again on the 10th of May ensuing. + The convention, at their ensuing session of March ‘75, approved of the + proceedings of Congress, thanked their delegates, and reappointed the same + persons to represent the colony at the meeting to be held in May: and + foreseeing the probability that Peyton Randolph, their president, and + speaker also of the House of Burgesses, might be called off, they added + me, in that event, to the delegation. + </p> +<pre xml:space="preserve"> + * See Girardin’s History of Virginia, Appendix No. 12. note. + ** See Appendix, note D. +</pre> + <p> + Mr. Randolph was according to expectation obliged the chair of Congress, + to attend the General Assembly summoned by Lord Dunmore, to meet on the + 1st day of June,1775. Lord North’s conciliatory propositions, as they were + called received by the Governor, and furnished the subject for which this + assembly was convened. Mr. Randolph accordingly attended, and the tenor of + these propositions being generally known, as having been addressed to all + the governors, he was anxious that the answer of our Assembly, likely to + be the first, should harmonise with what he knew to be the sentiments and + wishes of the body he had recently left. He feared that Mr. Nicholas, + whose mind was not yet up to the mark of the times, would undertake the + answer, and therefore pressed me to prepare it. I did so, and, with his + aid, carried it through the House, with long and doubtful scruples from + Mr. Nicholas and James Mercer, and a dash of cold water on it here and + there, enfeebling it somewhat, but finally with unanimity, or a vote + approaching it. This being passed, I repaired immediately to Philadelphia, + and conveyed to Congress the first notice they had of it. It was entirely + approved there. I took my seat with them on the 21st of June. On the 24th, + a committee which had been appointed to prepare a declaration of the + causes of taking up arms, brought in their report (drawn, I believe, by J. + Rutledge) which, not being liked, the House recommitted it, on the 26th, + and added Mr. Dickinson and myself to the committee. On the rising of the + House, the committee having not yet met, I happened to find myself near + Governor W. Livingston, and proposed to him to draw the paper. He excused + himself and proposed that I should draw it. On my pressing him with + urgency, ‘We are as yet but new acquaintances, sir,’ said he, ‘why are you + so earnest for my doing it?’ ‘Because,’ said I, ‘I have been informed that + you drew the Address to the people of Great Britain, a production, + certainly, of the finest pen in America.’ ‘On that,’ says he, ‘perhaps, + sir, you may not have been correctly informed.’ I had received the + information in Virginia from Colonel Harrison on his return from that + Congress. Lee, Livingston, and Jay had been the committee for the draught. + The first, prepared by Lee, had been disapproved and recommitted. The + second was drawn by Jay, but being presented by Governor Livingston, had + led Colonel Harrison into the error. The next morning, walking in the hall + of Congress, many members being assembled, but the House formed, I + observed Mr. Jay speaking to R. H. Lee, and leading him by the button of + his coat to me. ‘I understand, sir,’ said he to me, ‘that this gentleman + informed you, that Governor Livingston drew the Address to the people of + Great Britain.’ I assured him at once that I had not received that + information from Mr. Lee and that not a word had ever passed on the + subject between Mr. Lee and myself; and after some explanations the + subject was dropped. These gentlemen had had some sparrings in debate + before, and continued ever very hostile to each other. + </p> + <p> + I prepared a draught of the declaration committed to us. It was too strong + for Mr. Dickinson. He still retained the hope of reconciliation with the + mother country, and was unwilling it should be lessened by offensive + statements. He was so honest a man, and so able a one, that he was greatly + indulged even by those who could not feel his scruples. We therefore + requested him to take the paper, and put it into a form he could approve. + He did so, preparing an entire new statement, and preserving of the former + only the last four paragraphs and half of the preceding one. We approved + and reported it to Congress, who accepted it. Congress gave a signal proof + of their indulgence to Mr. Dickinson, and of their great desire not to go + too fast for any respectable part of our body, in permitting him to draw + their second petition to the King according to his own ideas, and passing + it with scarcely any amendment. The disgust against its humility was + general; and Mr. Dickinson’s delight at its passage was the only + circumstance which reconciled them to it. The vote being passed, although + further observation on it was out of order, he could not refrain from + rising and expressing his satisfaction, and concluded by saying, ‘There is + but one word, Mr. President, in the paper which I disapprove, and that is + the word Congress;’ on which Ben Harrison rose and said, ‘There is but one + word in the paper, Mr. President, of which I approve, and that is the word + Congress?’ + </p> + <p> + On the 22nd of July, Dr. Franklin, Mr. Adams, R. H. Lee, and myself were + appointed a committee to consider and report on Lord North’s conciliatory + resolution. The answer of the Virginia Assembly on that subject having + been approved, I was requested by the committee to prepare this report, + which will account for the similarity of feature in the two instruments. + </p> + <p> + On the 15th of May, 1776, the convention of Virginia instructed their + delegates in Congress, to propose to that body to declare the colonies + independent of Great Britain, and appointed a committee to prepare a + declaration of rights and plan of government. + </p> +<pre xml:space="preserve"> + Here, in the original manuscript, commence the ‘two + preceding sheets’ referred to by Mr. Jefferson, page 21, as + containing ‘notes’ taken by him ‘whilst these things were + going on.’ They are easily distinguished from the body of + the MS. in which they were inserted by him, being of a paper + very different in size, quality, and color, from that on + which the latter is written: +</pre> + <p> + In Congress, Friday, June 7, 1776. The delegates from Virginia moved, in + obedience to instructions from their constituents, that the Congress + should declare that these United Colonies and of right ought to be, free + and independent states, that they are absolved from all allegiance to the + British crown, and that all political connection between them and the + state of Great Britain is and ought to be, totally dissolved; that + measures should be immediately taken for procuring the assistance of + foreign powers and a confederation be formed to bind the colonial more + closely together. + </p> + <p> + The House being obliged to attend at that time to some other business, the + proposition was referred to the next day, when the members were ordered to + attend punctually at ten o’clock. + </p> + <p> + Saturday, June 8. They proceeded to take it into consideration, and + referred it to a committee of the whole, into which they immediately + resolved themselves, and passed that day and Monday the 10th in debating + on the subject. + </p> + <p> + It was argued by Wilson, Robert R. Livingston, E. Rutledge, Dickinson, and + others— + </p> + <p> + That, though they were friends to the measures themselves, and saw the + impossibility that we should ever again be united with Great Britain, yet + they were against adopting them at this time: + </p> + <p> + That the conduct we had formerly observed was wise and proper now, of + deferring to take any capital step till the voice of the people drove us + into it: + </p> + <p> + That they were our power, and without them our declarations could not be + carried into effect: + </p> + <p> + That the people of the middle colonies (Maryland, Delaware, Pennsylvania, + the Jerseys, and New York) were not yet ripe for bidding adieu to British + connection, but that they were fast ripening, and, in a short time, would + join in the general voice of America: + </p> + <p> + That the resolution, entered into by this House on the 15th of May, for + suppressing the exercise of all powers derived from the crown, had shown, + by the ferment into which it had thrown these middle colonies, that they + had not yet accommodated their minds to a separation from the mother + country: + </p> + <p> + That some of them had expressly forbidden their delegates to consent to + such a declaration, and others had given no instructions, and consequently + no powers to give such consent: + </p> + <p> + That if the delegates of any particular colony had no power to declare + such colony independent, certain they were, the others could not declare + it for them; the colonies being as yet perfectly independent of each + other: + </p> + <p> + That the assembly of Pennsylvania was now sitting above stairs, their + convention would sit within a few days, the convention of New York was now + sitting, and those of the Jerseys and Delaware counties would meet on the + Monday following, and it was probable these bodies would take up the + question of Independence, and would declare to their delegates the voice + of their state: + </p> + <p> + That if such a declaration should now be agreed to, these delegates must + retire, and possibly their colonies might secede from the Union: + </p> + <p> + That such a secession would weaken us more than could be compensated by + any foreign alliance: + </p> + <p> + That in the event of such a division, foreign powers would either refuse + to join themselves to our fortunes, or, having us so much in their power + as that desperate declaration would place us, they would insist on terms + proportionably more hard and prejudicial: + </p> + <p> + That we had little reason to expect an alliance with those to whom alone, + as yet, we had cast our eyes: + </p> + <p> + That France and Spain had reason to be jealous of that rising power, which + would one day certainly strip them of all their American possessions: + </p> + <p> + That it was more likely they should form a connection with the British + Court, who, if they should find themselves unable otherwise to extricate + themselves from their difficulties, would agree to a partition of our + territories, restoring Canada to France, and the Floridas to Spain, to + accomplish for themselves a recovery of these colonies: + </p> + <p> + That it would not be long before we should receive certain information of + the disposition of the French court, from the agent whom we had sent to + Paris for that purpose: + </p> + <p> + That if this disposition should be favorable, by waiting the event of the + present campaign, which we all hoped would be successful, we should have + reason to expect an alliance on better terms: + </p> + <p> + That this would in fact work no delay of any effectual aid from such ally, + as, from the advance of the season and distance of our situation, it was + impossible we could receive any assistance during this campaign: + </p> + <p> + That it was prudent to fix among ourselves the terms on which we would + form alliance, before we declared we would form one at all events: + </p> + <p> + And that if these were agreed on, and our Declaration of Independence + ready by the time our Ambassador should be prepared to sail, it would be + as well, as to go into that Declaration at this day. + </p> + <p> + On the other side, it was urged by J. Adams, Lee, Wythe and others, that + no gentleman had argued against the policy or the right of separation from + Britain, nor had supposed it possible we should ever renew our connection; + that they had only opposed its being now declared: + </p> + <p> + That the question was not whether, by a Declaration of Independence, we + should make ourselves what we are not; but whether we should declare a + fact which already exists: + </p> + <p> + That, as to the people or parliament of England, we had always been + independent of them, their restraints on our trade deriving efficacy from + our acquiescence only, and not from any rights they possessed of imposing + them, and that so far, our connection had been federal only, and was now + dissolved by the commencement of hostilities: + </p> + <p> + That, as to the King, we had been bound to him by allegiance, but that + this bond was now dissolved by his assent to the late act of parliament, + by which he declares us out of his protection, and by his levying war on + us, a fact which had long ago proved us out of his protection; it being a + certain position in law, that allegiance and protection are reciprocal, + the one ceasing when the other is withdrawn: + </p> + <p> + That James the II. never declared the people of England out of his + protection, yet his actions proved it and the parliament declared it: + </p> + <p> + No delegates then can be denied, or ever want, a power of declaring an + existent truth: + </p> + <p> + That the delegates from the Delaware counties having declared their + constituents ready to join, there are only two colonies, Pennsylvania and + Maryland, whose delegates are absolutely tied up, and that these had, by + their instructions, only reserved a right of confirming or rejecting the + measure: + </p> + <p> + That the instructions from Pennsylvania might be accounted for from the + times in which they were drawn, near a twelvemonth ago, since which the + face of affairs has totally changed: + </p> + <p> + That within that time, it had become apparent that Britain was determined + to accept nothing less than a <i>carte-blanche,</i> and that the King’s + answer to the Lord Mayor, Aldermen, and Common Council of London, which + had come to hand four days ago, must have satisfied every one of this + point: + </p> + <p> + That the people wait for us to lead the way: + </p> + <p> + That they are in favor of the measure, though the instructions given by + some of their representatives are not: + </p> + <p> + That the voice of the representatives is not always consonant with the + voice of the people, and that this is remarkably the case in these middle + colonies: + </p> + <p> + That the effect of the resolution of the 15th of May has proved this, + which, raising the murmurs of some in the colonies of Pennsylvania and + Maryland, called forth the opposing voice of the freer part of the people, + and proved them to be the majority even in these colonies: + </p> + <p> + That the backwardness of these two colonies might be ascribed, partly to + the influence of proprietary power and connections, and partly, to their + having not yet been attacked by the enemy: + </p> + <p> + That these causes were not likely to be soon removed, as there seemed no + probability that the enemy would make either of these the seat of this + summer’s war: + </p> + <p> + That it would be vain to wait either weeks or months for perfect + unanimity, since it was impossible that all men should ever become of one + sentiment on any question: + </p> + <p> + That the conduct of some colonies, from the beginning of this contest, had + given reason to suspect it was their settled policy to keep in the rear of + the confederacy, that their particular prospect might be better, even in + the worst event: + </p> + <p> + That, therefore, it was necessary for those colonies who had thrown + themselves forward and hazarded all from the beginning, to come forward + now also, and put all again to their own hazard: + </p> + <p> + That the history of the Dutch revolution, of whom three states only + confederated at first, proved that a secession of some colonies would not + be so dangerous as some apprehended: + </p> + <p> + That a declaration of Independence alone could render it consistent with + European delicacy, for European powers to treat with us, or even to + receive an Ambassador from us: + </p> + <p> + That till this, they would not receive our vessels into their ports, nor + acknowledge the adjudications of our courts of admiralty to be legitimate, + in cases of capture of British vessels: + </p> + <p> + That though France and Spain may be jealous of our rising power, they must + think it will be much more formidable with the addition of Great Britain; + and will therefore see it their interest to prevent a coalition; but + should they refuse, we shall be but where we are; whereas without trying, + we shall never know whether they will aid us or not: + </p> + <p> + That the present campaign may be unsuccessful, and therefore we had better + propose an alliance while our affairs wear a hopeful aspect: + </p> + <p> + That to wait the event of this campaign will certainly work delay, + because, during this summer, France may assist us effectually, by cutting + off those supplies of provisions from England and Ireland, on which the + enemy’s armies here are to depend; or by setting in motion the great power + they have collected in the West Indies, and calling our enemy to the + defence of the possessions they have there: + </p> + <p> + That it would be idle to lose time in settling the terms of alliance, till + we had first determined we would enter into alliance: + </p> + <p> + That it is necessary to lose no time in opening a trade for our people, + who will want clothes, and will want money too, for the payment of taxes: + </p> + <p> + And that the only misfortune is, that we did not enter into alliance with + France six months sooner, as, besides opening her ports for the vent of + our last year’s produce, she might have marched an army into Germany, and + prevented the petty princes there, from selling their unhappy subjects to + subdue us. + </p> + <p> + It appearing in the course of these debates, that the colonies of New + York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina + were not yet matured for falling from the parent stem, but that they were + fast advancing to that state, it was thought most prudent to wait awhile + for them, and to postpone the final decision to July 1st: but, that this + might occasion as little delay as possible, a committee was appointed to + prepare a Declaration of Independence. The committee were John Adams, Dr. + Franklin, Roger Sherman, Robert R. Livingston, and myself. Committees were + also appointed, at the same time, to prepare a plan of confederation for + the colonies, and to state the terms proper to be proposed for foreign + alliance. The committee for drawing the Declaration of Independence, + desired me to do it. It was accordingly done, and being approved by them, + I reported it to the House on Friday, the 28th of June, when it was read + and ordered to lie on the table. On Monday, the 1st of July, the House + resolved itself into a committee of the whole, and resumed the + consideration of the original motion made by the delegates of Virginia, + which, being again debated through the day, was carried in the affirmative + by the votes of New Hampshire, Connecticut, Massachusetts, Rhode Island, + New Jersey, Maryland, Virginia, North Carolina, and Georgia. South + Carolina and Pennsylvania voted against it. Delaware had but two members + present, and they were divided. The delegates from New York declared they + were for it themselves, and were assured their constituents were for it; + but that their instructions having been drawn near a twelvemonth before, + when reconciliation was still the general object, they were enjoined by + them to do nothing which should impede that object. They therefore thought + themselves not justifiable in voting on either side, and asked leave to + withdraw from the question; which was given them. The committee rose and + reported their resolution to the House. Mr. Edward Rutledge, of South + Carolina, then requested the determination might be put off to the next + day, as he believed his colleagues, though they disapproved of the + resolution, would then join in it for the sake of unanimity. The ultimate + question, whether the House would agree to the resolution of the + committee, was accordingly postponed to the next day, when it was again + moved, and South Carolina concurred in voting for it. In the mean time, a + third member had come post from the Delaware counties, and turned the vote + of that colony in favor of the resolution. Members of a different + sentiment attending that morning from Pennsylvania also, her vote was + changed, so that the whole twelve colonies, who were authorized to vote at + all, gave their voices for it; and, within a few days, [July 9.] the + convention of New York approved of it, and thus supplied the void + occasioned by the withdrawing of her delegates from the vote. + </p> + <p> + Congress proceeded the same day to consider the Declaration of + Independence, which had been reported and laid on the table the Friday + preceding, and on Monday referred to a committee of the whole. The + pusillanimous idea that we had friends in England worth keeping terms + with, still haunted the minds of many. For this reason, those passages + which conveyed censures on the people of England were struck out, lest + they should give them offence. The clause too, reprobating the enslaving + the inhabitants of Africa, was struck out in complaisance to South + Carolina and Georgia, who had never attempted to restrain the importation + of slaves, and who, on the contrary, still wished to continue it. Our + northern brethren also, I believe, felt a little tender under those + censures; for though their people had very few slaves themselves, yet they + had been pretty considerable carriers of them to others. The debates + having taken up the greater parts of the 2nd, 3rd, and 4th days of July, + were, on the evening of the last, closed; the Declaration was reported by + the committee, agreed to by the House, and signed by every member present, + except Mr. Dickinson. As the sentiments of men are known, not only by what + they receive, but what they reject also, I will state the form of the + Declaration as originally reported. The parts struck out by Congress shall + be distinguished by a black line drawn under them; * and those inserted by + them shall be placed in the margin, or in a concurrent column. + </p> + <p> + <a name="linkimage-0005" id="linkimage-0005"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page016.jpg" + alt="Draft of Declaration Of Independence, Page016 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0006" id="linkimage-0006"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page017.jpg" + alt="Draft of Declaration Of Independence, Page017 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0007" id="linkimage-0007"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page018.jpg" + alt="Draft of Declaration Of Independence, Page018 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0008" id="linkimage-0008"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page019.jpg" + alt="Draft of Declaration Of Independence, Page019 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0009" id="linkimage-0009"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page020.jpg" + alt="Draft of Declaration Of Independence, Page020 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0010" id="linkimage-0010"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page021.jpg" + alt="Draft of Declaration Of Independence, Page021 " width="100%" /><br /> + </div> +<pre xml:space="preserve"> + * In this publication, the parts struck out are printed in + Italics and inclosed in brackets—and those inserted are + inclosed in parenthesis. +</pre> + <p> + A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES OF AMERICA, IN + <i>GENERAL</i> CONGRESS ASSEMBLED. + </p> + <p> + When, in the course of human events, it becomes necessary for one people + to dissolve the political bands which have connected them with another, + and to assume among the powers of the earth the separate and equal station + to which the laws of nature and of nature’s God entitle them, a decent + respect to the opinions of mankind requires that they should declare the + causes which impel them to the separation. + </p> + <p> + We hold these truths to be self evident: that all men are created equal; + that they are endowed by their creator with [<i>inherent and</i>] + (certain) inalienable rights; that among these are life, liberty, and the + pursuit of happiness; that to secure these rights, governments are + instituted among men, deriving their just powers from the consent of the + governed; that whenever any form of government becomes destructive of + these ends, it is the right of the people to alter or abolish it, and to + institute new government, laying its foundation on such principles, and + organizing its powers in such form, as to them shall seem most likely to + effect their safety and happiness. Prudence, indeed, will dictate that + governments long established should not be changed for light and transient + causes; and accordingly all experience hath shown that mankind are more + disposed to suffer while evils are sufferable, than to right themselves by + abolishing the forms to which they are accustomed. But when a long train + of abuses and usurpations [<i>begun at a distinguished period and</i>] + pursuing invariably the same object, evinces a design to reduce them under + absolute despotism, it is their right, it is their duty to throw off such + government, and to provide new guards for their future security. Such has + been the patient sufferance of these colonies; and such is now the + necessity which constrains them to [<i>expunge</i>] (alter) their former + systems of government. The history of the present king of Great Britain is + a history of [<i>unremitting</i>] (repeated) injuries and usurpations, [<i>among + which appears no solitary act to contradict the uniform tenor of the rest, + but all have</i>] (all having) in direct object the establishment of an + absolute tyranny over these states. To prove this, let facts be submitted + to a candid world [<i>for the truth of which we pledge a faith yet + unsullied by falsehood.</i>] + </p> + <p> + He has refused his assent to laws the most wholesome and necessary for the + public good. + </p> + <p> + He has forbidden his governors to pass laws of immediate and pressing + importance, unless suspended in their operation till his assent should be + obtained; and, when so suspended, he has utterly neglected to attend to + them. + </p> + <p> + He has refused to pass other laws for the accommodation of large districts + of people, unless those people would relinquish the right of + representation in the legislature, a right inestimable to them, and + formidable to tyrants only. + </p> + <p> + He has called together legislative bodies at places unusual, + uncomfortable, and distant from the depository of their public records, + for the sole purpose of fatiguing them into compliance with his measures. + </p> + <p> + He has dissolved representative houses repeatedly [<i>and continually</i>] + for opposing with manly firmness his invasions on the rights of the + people. + </p> + <p> + He has refused for a long time after such dissolutions to cause others to + be elected, whereby the legislative powers, incapable of annihilation, + have returned to the people at large for their exercise, the state + remaining, in the mean time, exposed to all the dangers of invasion from + without and convulsions within. + </p> + <p> + He has endeavored to prevent the population of these states; for that + purpose obstructing the laws for naturalization of foreigners, refusing to + pass others to encourage their migrations hither, and raising the + conditions of new appropriations of lands. + </p> + <p> + He has [<i>suffered</i>] (obstructed) the administration of justice [<i>totally + to cease in some of these states</i>] (by) refusing his assent to laws for + establishing judiciary powers. + </p> + <p> + He has made [<i>our</i>] judges dependant on his will alone for the tenure + of their offices, and the amount and payment of their salaries. + </p> + <p> + He has erected a multitude of new offices, [<i>by a self-assumed power</i>] + and sent hither swarms of new officers to harass our people and eat out + their substance. + </p> + <p> + He has kept among us in times of peace standing armies [<i>and ships of + war</i>] without the consent of our legislatures. + </p> + <p> + He has affected to render the military independent of, and superior to, + the civil power. + </p> + <p> + He has combined with others to subject us to a jurisdiction foreign to our + constitutions and unacknowledged by our laws, giving his assent to their + acts of pretended legislation for quartering large bodies of armed troops + among us; for protecting them by a mock trial from punishment for any + murders which they should commit on the inhabitants of these states; for + cutting off our trade with all parts of the world; for imposing taxes on + us without our consent; for depriving us [ ] in many cases of the benefits + of trial by jury; for transporting us beyond seas to be tried for + pretended offences; for abolishing the free system of English laws in a + neighboring province, establishing therein an arbitrary government, and + enlarging its boundaries, so as to render it at once an example and fit + instrument for introducing the same absolute rule into these [<i>states</i>] + (colonies); for taking away our charters, abolishing our most valuable + laws, and altering fundamentally the forms of our governments; for + suspending our own legislatures, and declaring themselves invested with + power to legislate for us in all cases whatsoever. + </p> + <p> + He has abdicated government here [<i>withdrawing his governors, and + declaring us out of his allegiance and protection.</i>] (by declaring us + out of his protection and waging war against us.) + </p> + <p> + He has plundered our seas, ravaged our coasts, burnt our towns, and + destroyed the lives of our people. + </p> + <p> + He is at this time transporting large armies of foreign mercenaries to + complete the works of death, desolation, and tyranny already begun with + circumstances of cruelty and perfidy [ ] (scarcely paralleled in the most + barbarous ages and totally) unworthy the head of a civilized nation. + </p> + <p> + He has constrained our fellow citizens taken captive on the high seas to + bear arms against their country, to become the executioners of their + friends and brethren, or to fall themselves by their hands. + </p> + <p> + He has [ ] (excited domestic insurrections amoungst us and has) endeavored + to bring on the inhabitants of our frontiers the merciless Indian savages, + whose known rule of warfare is an undistinguished destruction of all ages, + sexes, and conditions [<i>of existence.</i>] + </p> + <p> + [<i>He has incited treasonable insurrections of our fellow citizens, with + the allurements of forfeiture and confiscation of our property.</i> + </p> + <p> + <i>He has waged cruel war against human nature itself, violating its most + sacred rights of life and, liberty in the persons of a distant people who + never offended him, captivating and carrying them into slavery in another + hemisphere, or to incur miserable death in their transportation thither. + This piratical warfare, the opprobrium of INFIDEL powers, is the warfare + of the CHRISTIAN king of Great Britain. Determined to keep open a market + where men should be bought and sold, he has prostituted his negative for + suppressing every legislative attempt to prohibit or to restrain this + execrable commerce. And that this assemblage of horrors might want no fact + of distinguished die, he is now exciting those very people to rise in arms + among us, and to purchase that liberty of which he has deprived them, by + murdering the people on whom he also obtruded them: thus paying off former + crimes committed against the liberties of one people with crimes which he + urges them to commit against the lives of another.</i>] + </p> + <p> + In every stage of these oppressions we have petitioned for redress in the + most humble terms: our repeated petitions have been answered only by + repeated injuries. + </p> + <p> + A prince whose character is thus marked by every act which may define a + tyrant is unfit to be the ruler of a [ ] (free) people [<i>who mean to be + free. Future ages will scarcely believe that the hardiness of one man + adventured, within the short compass of twelve years only, to lay a + foundation so broad and so undisguised for tyranny over a people fostered + and fixed in principles of freedom.</i>] + </p> + <p> + Nor have we been wanting in attentions to our British brethren. We have + warned them from time to time of attempts by their legislature to extend [<i>a</i>] + (an unwarrantable) jurisdiction over [<i>these our states</i>] (us). We + have reminded them of the circumstances of our emigration and settlement + here, [<i>no one of which could warrant so strange a pretension: that + these were effected at the expense of our own blood and treasure, + unassisted by the wealth or the strength of Great Britain: that in + constituting indeed our several forms of government, we had adopted one + common king, thereby laying a foundation for perpetual league and amity + with them: but that submission to their parliament was no part of our + constitution, nor ever in idea, if history may be credited: and,</i>] we [ + ] (have) appealed to their native justice and magnanimity [<i>as well as + to</i>] (and we have conjured them by) the ties of our common kindred to + disavow these usurpations which [<i>were likely to</i>] (would inevitably) + interrupt our connection and correspondence. They too have been deaf to + the voice of justice and of consanguinity, [<i>and when occasions have + been given them, by the regular course of their laws, of removing from + their councils the disturbers of our harmony, they have, by their free + election, re-established, them in power. At this very time too, they are + permitting their chief magistrate to send over not only soldiers of our + common blood, but Scotch and foreign mercenaries to invade and destroy us. + These facts have given the last stab to agonizing affection, and manly + spirit bids us to renounce for ever these unfeeling brethren. We must + endeavor to forget our former love for them, and hold them as we hold the + rest of mankind, enemies in war, in peace friends. We might have been a + free and a great people together; but a communication of grandeur and of + freedom, it seems, is below their dignity. Be it so, since they will have + it. The road to happiness and to glory is open to us too. We will tread it + apart from them, and</i>] (We must therefore) acquiesce in the necessity + which denounces our [eternal] separation [ ]! (and hold them as we hold + the rest of mankind, enemies in war, in peace friends.) + </p> + <p> + [<i>We therefore the representatives of the United States of America in + General Congress assembled, do in the name, and by the authority of the + good people of these states reject and renounce all allegiance and + subjection to the kings of Great Britain and all others who may hereafter + claim by, through, or under them; we utterly dissolve all political + connection which may heretofore have subsisted between us and, the people + or parliament of Great Britain: and finally we do assert and declare these + colonies to be free and independent states, and that as free and + independent states, they have full power to levy war, conclude peace, + contract alliances, establish commerce, and to do all other acts and + things which independent states may of right do.</i> + </p> + <p> + <i>And for the support of this declaration, we mutually pledge to each + other our lives, our fortunes, and our sacred honor.</i>] + </p> + <p> + (We therefore the representatives of the United States of America in + General Congress assembled, appealing to the supreme judge of the world + for the rectitude of our intentions, do in the name, and by the authority + of the good people of these colonies, solemnly publish and declare, that + these united colonies are, and of right ought to be, free and independent + states; that they are absolved from all allegiance to the British crown, + and that all political connection between them and the state of Great + Britain is, and ought to be, totally dissolved; and that as free and + independent states, they have full power to levy war, conclude peace, + contract alliances, establish commerce, and to do all other acts and + things which independent states may of right do. + </p> + <p> + And for the support of this declaration, with a firm reliance on the + protection of divine providence, we mutually pledge to each other our + lives, our fortunes, and our sacred honor.) + </p> + <p> + The declaration thus signed on the 4th, on paper, was engrossed on + parchment, and signed again on the 2nd of August. + </p> + <p> + [* Some erroneous statements of the proceedings on the Declaration of + Independence having got before the public in latter times, Mr. Samuel A. + Wells asked explanations of me, which are given in my letter to him of May + 12, ‘19, before and now again referred to. (See Appendix, note B.) I took + notes in my place while these things were going on, and at their close + wrote them out in form and with correctness, and from 1 to 7 of the two + preceding sheets, are the originals then written; as the two following are + of the earlier debates on the Confederation, which I took in like manner.] + </p> +<pre xml:space="preserve"> + * The above note of the author is on a slip of paper, pasted + in at the end of the Declaration. Here is also sewed into + the MS. a slip of newspaper containing, under the head + ‘Declaration of Independence,’ a letter from Thomas Mc’Kean + to Messrs. William M’Corkle & Son, dated ‘Philadelphia, + June 16 1817.’ This letter is to be found in the Port Folio, + Sept. 1817, p. 249. +</pre> + <p> + <br /> <br /> + </p> + <blockquote> + <blockquote> + <p> + [The following four images are from engravings taken from the + Jefferson’s draft of the Declaration of Independence in his + handwriting with some ammendations and changes in the handrwriting of + Benjamin Franklin and John Adams--Click on any of these to enlarge the + image to full-size.] + </p> + </blockquote> + </blockquote> + <p> + <br /> <a name="linkimage-0011" id="linkimage-0011"> + <!-- IMG --></a> <a href="images/dec1.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img alt="dec1th (121K)" src="images/dec1th.jpg" width="100%" /><br /> + </div> + <p> + <a name="linkimage-0012" id="linkimage-0012"> + <!-- IMG --></a> <a href="images/dec2.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img alt="dec2th (124K)" src="images/dec2th.jpg" width="100%" /><br /> + </div> + <p> + <a name="linkimage-0013" id="linkimage-0013"> + <!-- IMG --></a> <a href="images/dec3.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img alt="dec3th (127K)" src="images/dec3th.jpg" width="100%" /><br /> + </div> + <p> + <a name="linkimage-0014" id="linkimage-0014"> + <!-- IMG --></a> <a href="images/dec4.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img alt="dec4th (128K)" src="images/dec4th.jpg" width="100%" /><br /> + </div> + <p> + On Friday, July 12, the committee appointed to draw the articles of + Confederation reported them, and on the 22nd, the House resolved + themselves into a committee to take them into consideration. On the 30th + and 31st of that month, and 1st of the ensuing, those articles were + debated which determined the proportion, or quota, of money which each + state should furnish to the common treasury, and the manner of voting in + Congress. The first of these articles was expressed in the original + draught in these words. ‘Art. XI. All charges of war and all other + expenses that shall be incurred for the common defence, or general + welfare, and allowed by the United States assembled, shall be defrayed out + of a common treasury, which shall be supplied by the several colonies in + proportion to the number of inhabitants of every age, sex, and quality, + except Indians not paying taxes, in each colony, a true account-of which, + distinguishing the white inhabitants, shall be triennially taken and + transmitted to the Assembly of the United States.’ + </p> + <p> + Mr. Chase moved that the quotas should be fixed, not by the number of + inhabitants of every condition, but by that of the ‘white inhabitants.’ He + admitted that taxation should be always in proportion to property; that + this was, in theory, the true rule; but that, from a variety of + difficulties, it was a rule which could never be adopted in practice. The + value of the property in every state, could never be estimated justly and + equally. Some other measures for the wealth of the state must therefore be + devised, some standard referred to, which would be more simple. He + considered the number of inhabitants as a tolerably good criterion of + property, and that this might always be obtained. He therefore thought it + the best mode which we could adopt, with one exception only: he observed + that negroes are property, and as such, cannot be distinguished from the + lands or personalities held in those states where there are few slaves; + that the surplus of profit which a Northern farmer is able to lay by, he + invests in cattle, horses, &c. whereas a Southern farmer lays out the + same surplus in slaves. There is no more reason therefore for taxing the + Southern states on the farmer’s head, and on his slave’s head, than the + Northern ones on their farmers’ heads and the heads of their cattle: that + the method proposed would, therefore, tax the Southern states according to + their numbers and their wealth conjunctly, while the Northern would be + taxed on numbers only; that negroes, in fact, should not be considered as + members of the state, more than cattle, and that they have no more + interest in it. + </p> + <p> + Mr. John Adams observed, that the numbers of people were taken by this + article, as an index of the wealth of the state, and not as subjects of + taxation; that, as to this matter, it was of no consequence by what name + you called your people, whether by that of freemen or of slaves; that in + some countries the laboring poor were called freemen, in others they were + called slaves; but that the difference as to the state was imaginary only. + What matters it whether a landlord employing ten laborers on his farm, + give them annually as much money as will buy them the necessaries of life, + or gives them those necessaries at short hand? The ten laborers add as + much wealth annually to the state, increase its exports as much, in the + one case as the other. Certainly five hundred freemen produce no more + profits, no greater surplus for the payment of taxes, than five hundred + slaves. Therefore the state in which are the laborers called freemen, + should be taxed no more than that in which are those called slaves. + Suppose, by an extraordinary operation of nature or of law, one half the + laborers of a state could in the course of one night be transformed into + slaves; would the state be made the poorer or the less able to pay taxes? + That the condition of the laboring poor in most countries, that of the + fishermen particularly of the Northern states, is as abject as that of + slaves. It is the number of laborers which produces the surplus for + taxation, and numbers, therefore, indiscriminately, are the fair index of + wealth; that it is the use of the word ‘property’ here, and its + application to some of the people of the state, which produces the + fallacy. How does the Southern farmer procure slaves? Either by + importation or by purchase from his neighbor. If he imports a slave, he + adds one to the number of laborers in his country, and proportionably to + its profits and abilities to pay-taxes; if he buys from his neighbor, it + is only a transfer of a laborer from one farm to another, which does not + change the annual produce of the state, and therefore should not change + its tax: that if a Northern farmer works ten laborers on his farm, he can, + it is true, invest the surplus of ten men’s labor in cattle; but so may + the Southern farmer, working ten slaves; that a state of one hundred + thousand freemen can maintain no more cattle, than one of one hundred + thousand slaves. Therefore, they have no more of that kind of property; + that a slave may, indeed, from the custom of speech, be more properly + called the wealth of his master, than the free laborer might be called the + wealth of his employer: but as to the state, both were equally its wealth, + and should therefore equally add to the quota of its tax. + </p> + <p> + Mr. Harrison proposed, as a compromise, that two slaves should be counted + as one freeman. He affirmed that slaves did not do as much work as + freemen, and doubted if two effected more than one; that this was proved + by the price of labor; the hire of a laborer in the Southern colonies + being from £8 to £12, while in the Northern it was generally £24. + </p> + <p> + Mr. Wilson said, that if this amendment should take place, the Southern + colonies would have all the benefit of slaves, whilst the Northern ones + would bear the burthen: that slaves increase the profits of a state, which + the Southern states mean to take to themselves; that they also increase + the burthen of defence, which would of course fall so much the heavier on + the Northern: that slaves occupy the places of freemen and eat their food. + Dismiss your slaves, and freemen will take their places. It is our duty to + lay every discouragement on the importation of slaves; but this amendment + would give the <i>jus trium liberorum</i> to him who would import slaves: + that other kinds of property were pretty equally distributed through all + the colonies: there were as many cattle, horses, and sheep, in the North + as the South, and South as the North; but not so as to slaves: that + experience has shown that those colonies have, been always able to pay + most, which have the most inhabitants, whether they be black or white: and + the practice of the Southern colonies has always been to make every farmer + pay poll taxes upon all his laborers, whether they be black or white. He + acknowledges indeed, that freemen work the most; but they consume the most + also. They do not produce a greater surplus for taxation. The slave is + neither fed nor clothed so expensively as a freeman. Again, white women + are exempted from labor generally, but negro women are not. In this then + the Southern states have an advantage as the article now stands. It has + sometimes been said that slavery is necessary, because the commodities + they raise would be too dear for market if cultivated by freemen: but now + it is said that the labor of the slave is the dearest. + </p> + <p> + Mr. Payne urged the original resolution of Congress, to proportion the + quotas of the states to the number of souls. + </p> + <p> + Dr. Witherspoon was of opinion, that the value of lands and houses was the + best estimate of the wealth of a nation, and that it was practicable to + obtain such a valuation. This is the true barometer of wealth. The one now + proposed is imperfect in itself, and unequal between the states. It has + been objected that negroes eat the food of freemen, and therefore should + be taxed; horses also eat the food of freemen; therefore they also should + be taxed. It has been said too, that in carrying slaves into the estimate + of the taxes the state is to pay, we do no more than those states + themselves do, who always take slaves into the estimate of the taxes the + individual is to pay. But the cases are not parallel. In the Southern + colonies slaves pervade the whole colony; but they do not pervade the + whole continent. That as to the original resolution of Congress, to + proportion the quotas according to the souls, it was temporary only, and + related to the monies heretofore emitted; whereas we are now entering into + a new compact, and therefore stand on original ground. + </p> + <p> + August 1. The question being put, the amendment proposed was rejected by + the votes of New Hampshire, Massachusetts, Rhode Island, Connecticut, New + York, New Jersey, and Pennsylvania, against those of Delaware, Maryland, + Virginia, North and South Carolina. Georgia was divided. + </p> + <p> + The other article was in these words. ‘Art. XVII. In determining + questions, each colony shall have one vote.’ + </p> + <p> + July 30, 31, August 1. Present forty-one members. Mr. Chase observed that + this article was the most likely to divide us, of any one proposed in the + draught then under consideration: that the larger colonies had threatened + they would not confederate at all, if their weight in Congress should not + be equal to the numbers of people they added to the confederacy; while the + smaller ones declared against a union, if they did not retain an equal + vote for the protection of their rights. That it was of the utmost + consequence to bring the parties together, as, should we sever from each + other, either no foreign power will ally with us at all, or the different + states will form different alliances, and thus increase the horrors of + those scenes of civil war and bloodshed, which in such a state of + separation and independence, would render us a miserable people. That our + importance, our interests, our peace required that we should confederate, + and that mutual sacrifices should be made to effect a compromise of this + difficult question. He was of opinion, the smaller colonies would lose + their rights, if they were not in some instances allowed an equal vote; + and, therefore, that a discrimination should take place among the + questions which would come before Congress. That the smaller states should + be secured in all questions concerning life or liberty, and the greater + ones, in all respecting property. He therefore proposed, that in votes + relating to money, the voice of each colony should be proportioned to the + number of its inhabitants. + </p> + <p> + Dr. Franklin thought, that the votes should be so proportioned in all + cases. He took notice that the Delaware counties had bound up their + delegates to disagree to this article. He thought it a very extraordinary + language to be held by any state, that they would not confederate with us, + unless we would let them dispose of our money. Certainly, if we vote + equally, we ought to pay equally; but the smaller states will hardly + purchase the privilege at this price. That had he lived in a state where + the representation, originally equal, had become unequal by time and + accident, he might have submitted rather than disturb government: but that + we should be very wrong to set out in this practice, when it is in our + power to establish what is right. That at the time of the Union between + England and Scotland, the latter had made the objection which the smaller + states now do; but experience had proved that no unfairness had ever been + shown them: that their advocates had prognosticated that it would again + happen, as in times of old, that the whale would swallow Jonas, but he + thought the prediction reversed in event, and that Jonas had swallowed the + whale; for the Scotch had in fact got possession of the government, and + gave laws to the English. He reprobated the original agreement of Congress + to vote by colonies, and, therefore, was for their voting, in all cases, + according to the number of taxables. + </p> + <p> + Dr. Witherspoon opposed every alteration of the article. All men admit + that a confederacy is necessary. Should the idea get abroad that there is + likely to be no union among us, it will damp the minds of the people, + diminish the glory of our struggle, and lessen its importance; because it + will open to our view future prospects of war and dissension among + ourselves. If an equal vote be refused, the smaller states will become + vassals to the larger; and all experience has shown that the vassals and + subjects of free states are the most enslaved. He instanced the Helots of + Sparta, and the provinces of Rome. He observed that foreign powers, + discovering this blemish, would make it a handle for disengaging the + smaller states from so unequal a confederacy. That the colonies should in + fact be considered as individuals; and that, as such, in all disputes, + they should have an equal vote; that they are now collected as individuals + making a bargain with each other, and, of course, had a right to vote as + individuals. That in the East India Company they voted by persons, and not + by their proportion of stock. That the Belgic confederacy voted by + provinces. That in questions of war the smaller states were as much + interested as the larger, and therefore, should vote equally; and indeed, + that the larger states were more likely to bring war on the confederacy, + in proportion as their frontier was more extensive. He admitted that + equality of representation was an excellent principle, but then it must be + of things which are co-ordinate; that is of things similar, and of the + same nature: that nothing relating to individuals could ever come before + Congress; nothing but what would respect colonies. He distinguished + between an incorporating and a federal union. The union of England was an + incorporating one; yet Scotland had suffered by that union; for that its + inhabitants were drawn from it by the hopes of places and employments; nor + was it an instance of equality of representation; because, while Scotland + was allowed nearly a thirteenth of representation, they were to pay only + one fortieth of the land tax. He expressed his hopes, that in the present + enlightened state of men’s minds, we might expect a lasting confederacy, + if it was founded on fair principles. + </p> + <p> + John Adams advocated the voting in proportion to numbers. He said, that we + stand here as the representatives of the people; that in some states the + people are many, in others they are few; that therefore their vote here + should be proportioned to the numbers from whom it comes. Reason, justice, + and equity never had weight enough on the face of the earth, to govern the + councils of men. It is interest alone which does it, and it is interest + alone which can be trusted; that therefore the interests, within doors, + should be the mathematical representatives of the interests without doors; + that the individuality of the colonies is a mere sound. Does the + individuality of a colony increase its wealth or numbers? If it does, pay + equally. If it does not add weight in the scale of the confederacy, it + cannot add to their rights, nor weigh in argument. A. has £50, B. £500, C. + £1000, in partnership. Is it just they should equally dispose of the + monies of the partnership? It has been said, we are independent + individuals, making a bargain together. The question is not, what we are + now, but what we ought to be, when our bargain shall be made. The + confederacy is to make us one individual only; it is to form us, like + separate parcels of metal, into one common mass. We shall no longer retain + our separate individuality, but become a single individual as to all + questions submitted to the confederacy. Therefore all those reasons, which + prove the justice and expediency of equal representation in other + assemblies, hold good here. It has been objected, that a proportional vote + will endanger the smaller states. We answer, that an equal vote will + endanger the larger. Virginia, Pennsylvania, and Massachusetts, are the + three greater colonies. Consider their distance, their difference of + produce, of interests, and of manners, and it is apparent they can never + have an interest or inclination to combine for the oppression of the + smaller; that the smaller will naturally divide on all questions with the + larger. Rhode Island, from its relation, similarity, and intercourse, will + generally pursue the same objects with Massachusetts; Jersey, Delaware, + and Maryland, with Pennsylvania. + </p> + <p> + Dr. Rush took notice, that the decay of the liberties of the Dutch + republic proceeded from three causes. 1. The perfect unanimity requisite + on all occasions. 2. Their obligation to consult their constituents. 3. + Their voting by provinces. This last destroyed the equality of + representation, and the liberties of Great Britain also are sinking from + the same defect. That a part of our rights is deposited in the hands of + our legislatures. There, it was admitted, there should be an equality of + representation. Another part of our rights is deposited in the hands of + Congress; why is it not equally necessary, there should be an equal + representation there? Were it possible to collect the whole body of the + people together, they would determine the questions submitted to them by + their majority. Why should not the same majority decide, when voting here, + by their representatives? The larger colonies are so providentially + divided in situation, as to render every fear of their combining + visionary. Their interests are different, and their circumstances + dissimilar. It is more probable they will become rivals, and leave it in + the power of the smaller states to give preponderance to any scale they + please. The voting by the number of free inhabitants, will have one + excellent effect, that of inducing the colonies to discourage slavery, and + to encourage the increase of their free inhabitants. + </p> + <p> + Mr. Hopkins observed, there were four larger, four smaller, and four + middle-sized colonies. That the four largest would contain more than half + the inhabitants of the confederating states, and therefore would govern + the others as they should please. That history affords no instance of such + a thing as equal representation. The Germanic body votes by states. The + Helvetic body does the same; and so does the Belgic confederacy. That too + little is known of the ancient confederations, to say what was their + practice. + </p> + <p> + Mr. Wilson thought, that taxation should be in proportion to wealth, but + that representation should accord with the number of freemen. That + government is a collection or result of the wills of all: that if any + government could speak the will of all, it would be perfect; and that, so + far as it departs from this, it becomes imperfect. It has been said, that + Congress is a representation of states, not of individuals. I say, that + the objects of its care are all the individuals of the states. It is + strange, that annexing the name of ‘State’ to ten thousand men, should + give them an equal right with forty thousand. This must be the effect of + magic, not of reason. As to those matters which are referred to Congress, + we are not so many states; we are one large state. We lay aside our + individuality, whenever we come here. The Germanic body is a burlesque on + government: and their practice on any point, is a sufficient authority and + proof that it is wrong. The greatest imperfection in the constitution of + the Belgic confederacy is their voting by provinces. The interest of the + whole is constantly sacrificed to that of the small, states. The history + of the war in the reign of Queen Anne, sufficiently proves this. It is + asked, shall nine colonies put it into the power of four, to govern them + as they please? I invert the question, and ask, shall two millions of + people put it into the power of one million, to govern them as they + please? It is pretended, too, that the smaller colonies will be in danger + from the greater. Speak in honest language and say, the minority will be + in danger from the majority. And is there an assembly on earth, where this + danger may not be equally pretended? The truth is, that our proceedings + will then be consentaneous with the interests of the majority, and so they + ought to be. The probability is much greater, that the larger states will + disagree, than that they will combine. I defy the wit of man to invent a + possible case, or to suggest any one thing on earth, which shall be for + the interests of Virginia, Pennsylvania, and Massachusetts, and which will + not also be for the interest of the other states.* + </p> +<pre xml:space="preserve"> + * Here terminate the author’s notes of the ‘earlier debates + on the confederation,’ and recommences the MS. begun by him + in 1821. +</pre> + <p> + These articles, reported July 12, ‘76, were debated from day to day, and + time to time, for two years, were ratified July 9, ‘78, by ten states, by + New-Jersey on the 26th of November of the same year, and by Delaware on + the 23rd of February following. Maryland alone held off two years more, + acceding to them March 1, ‘81, and thus closing the obligation. + </p> + <p> + Our delegation had been renewed for the ensuing year, commencing August + 11; but the new government was now organized, a meeting of the legislature + was to be held in October, and I had been elected a member by my county. I + knew that our legislation, under the regal government, had many very + vicious points which urgently required reformation, and I thought I could + be of more use in forwarding that work. I therefore retired from my seat + in Congress on the 2nd of September, resigned it, and took my place in the + legislature of my state, on the 7th of October. + </p> + <p> + On the 11th, I moved for leave to bring in a bill for the establishment of + courts of justice, the organization of which was of importance. I drew the + bill; it was approved by the committee, reported and passed, after going + through its due course. + </p> + <p> + On the 12th, I obtained leave to bring in a bill declaring tenants in tail + to hold their lands in fee simple. In the earlier times of the colony, + when lands were to be obtained for little or nothing, some provident + individuals procured large grants; and, desirous of founding great + families for themselves, settled them on their descendants in fee tail. + The transmission of this property from generation to generation, in the + same name, raised up a distinct set of families, who, being privileged by + law in the perpetuation of their wealth, were thus formed into a Patrician + order, distinguished by the splendor and luxury of their establishments. + From this order, too, the king habitually selected his Counsellors of + state; the hope of which distinction devoted the whole corps to the + interests and will of the crown. To annul this privilege, and instead of + an aristocracy of wealth, of more harm and danger, than benefit, to + society, to make an opening for the aristocracy of virtue and talent, + which nature has wisely provided for the direction of the interests of + society, and scattered with equal hand through all its conditions, was + deemed essential to a well ordered republic. To effect it, no violence was + necessary, no deprivation of natural right, but rather an enlargement of + it by a repeal of the law. For this would authorize the present holder to + divide the property among his children equally, as his affections were + divided; and would place them, by natural generation, on the level of + their fellow citizens. But this repeal was strongly opposed by Mr. + Pendleton, who was zealously attached to ancient establishments; and who, + taken all in all, was the ablest man in debate I have ever met with. He + had not indeed the poetical fancy of Mr. Henry, his sublime imagination, + his lofty and overwhelming diction; but he was cool, smooth, and + persuasive; his language flowing, chaste, and embellished; his conceptions + quick, acute, and full of resource; never vanquished; for if he lost the + main battle, he returned upon you, and regained so much of it as to make + it a drawn one, by dexterous manoeuvres, skirmishes in detail, and the + recovery of small advantages which, little singly, were important all + together. You never knew when you were clear of him, but were harassed by + his perseverance, until the patience was worn down of all who had less of + it than himself. Add to this, that he was one of the most virtuous and + benevolent of men, the kindest friend, the most amiable and pleasant of + companions, which ensured a favorable reception to whatever came from him. + Finding that the general principle of entails could not be maintained, he + took his stand on an amendment which he proposed, instead of an absolute + abolition, to permit the tenant in tail to convey in fee simple, if he + chose it: and he was within a few votes of saving so much of the old law. + But the bill passed finally for entire abolition. + </p> + <p> + In that one of the bills for organizing our judiciary system, which + proposed a court of Chancery, I had provided for a trial by jury of all + matters of fact, in that as well as in the courts of law. He defeated it + by the introduction of four words only, ‘if either party choose?’ The + consequence has been, that as no suitor will say to his judge, ‘Sir, I + distrust you, give me a jury,’ juries are rarely, I might say perhaps + never, seen in that court, but when called for by the Chancellor of his + own accord. + </p> + <p> + The first establishment in Virginia, which became permanent, was made in + 1607. I have found no mention of negroes in the colony until about 1650. + The first brought here as slaves were by a Dutch ship; after which the + English commenced the trade, and continued it until the revolutionary war. + That suspended, <i>ipso facto,</i> their further importation for the + present, and the business of the war pressing constantly on the + legislature, this subject was not acted on finally until the year ‘78, + when I brought in a bill to prevent their further importation. This passed + without opposition, and stopped the increase of the evil by importation, + leaving to future efforts its final eradication. + </p> + <p> + The first settlers of this colony were Englishmen, loyal subjects to their + king and church; and the grant to Sir Walter Raleigh contained an express + proviso, that their laws should not be against the true Christian faith, + now professed in the church of England.’ As soon as the state of the + colony admitted, it was divided into parishes, in each of which was + established a minister of the Anglican church, endowed with a fixed + salary, in tobacco, a glebe house and land, with the other necessary + appendages. To meet these expenses, all the inhabitants of the parishes + were assessed, whether they were or not members of the established church. + Towards Quakers, who came here, they were most cruelly intolerant, driving + them from the colony by the severest penalties. In process of time, + however, other sectarisms were introduced, chiefly of the Presbyterian + family; and the established clergy, secure for life in their glebes and + salaries, adding to these, generally, the emoluments of a classical + school, found employment enough in their farms and school-rooms, for the + rest of the week, and devoted Sunday only to the edification of their + flock, by service, and a sermon at their parish church. Their other + pastoral functions were little attended to. Against this inactivity, the + zeal and industry of sectarian preachers had an open and undisputed field; + and by the time of the revolution, a majority of the inhabitants had + become dissenters from the established church, but were still obliged to + pay contributions to support the pastors of the minority. This unrighteous + compulsion, to maintain teachers of what they deemed religious errors, was + grievously felt during the regal government, and without a hope of relief. + But the first republican legislature, which met in ‘76, was crowded with + petitions to abolish, this spiritual tyranny. These brought on the + severest contests in which I have ever been engaged. Our great opponents + were Mr. Pendleton and Robert Carter Nicholas; honest men, but zealous + churchmen. The petitions were referred to the committee of the whole House + on the state of the country; and, after desperate contests in that + committee, almost daily, from the 11th of October to the 5th of December, + we prevailed so far only, as to repeal the laws, which rendered criminal + the maintenance of any religious opinions, the forbearance of repairing to + church, or the exercise of any mode of worship: and further, to exempt + dissenters from contributions to the support of the established church; + and to suspend, only until the next session, levies on the members of the + church for the salaries of their own incumbents. For although the majority + of our citizens were dissenters, as has been observed, a majority of the + legislature were churchmen. Among these, however, were some reasonable and + liberal men, who enabled us, on some points, to obtain feeble majorities. + But our opponents carried, in the general resolutions of the committee of + November 19, a declaration, that religious assemblies ought to be + regulated, and that provision ought to be made for continuing the + succession of the clergy, and superintending their conduct. And in the + bill now passed, was inserted an express reservation of the question, + Whether a general assessment should not be established by law, on every + one, to the support of the pastor of his choice; or whether all should be + left to voluntary contributions: and on this question, debated at every + session from ‘76 to ‘79 (some of our dissenting allies, having now secured + their particular object, going over to the advocates of a general + assessment), we could only obtain a suspension from session to session + until ‘79, when the question against a general assessment was finally + carried, and the establishment of the Anglican church entirely put down. + In justice to the two honest but zealous opponents, who have been named, I + must add, that although, from their natural temperaments, they were more + disposed generally to acquiesce in things as they are, than to risk + innovations; yet, whenever the public will had once decided, none were + more faithful or exact in their obedience to it. + </p> + <p> + The seat of our government had been originally fixed in the peninsula of + Jamestown, the first settlement of the colonists; and had been afterwards + removed a few miles inland to Williamsburg. But this was at a time when + our settlements had not extended beyond the tide waters. Now they had + crossed the Allegany; and the centre of population was very far removed + from what it had been. Yet Williamsburg was still the depository of our + archives, the habitual residence of the Governor, and many other of the + public functionaries, the established place for the sessions of the + legislature, and the magazine of our military stores: and its situation + was so exposed, that it might be taken at any time in war, and, at this + time particularly, an enemy might in the night run up either of the + rivers, between which it lies, land a force above, and take possession of + the place, without the possibility of saving either persons or things. I + had proposed its removal so early as October, ‘76; but it did not prevail + until the session of May, ‘79. + </p> + <p> + Early in the session of May, ‘79, I prepared, and obtained leave to bring + in a bill, declaring who should be deemed citizens, asserting the natural + right of expatriation, and prescribing the mode of exercising it. This, + when I withdrew from the house on the 1st of June following, I left in the + hands of George Mason, and it was passed on the 26th of that month. + </p> + <p> + In giving this account of the laws, of which I was myself the mover and + draughtsman, I by no means mean to claim to myself the merit of obtaining + their passage. I had many occasional and strenuous coadjutors in debate, + and one, most steadfast, able, and zealous; who was himself a host. This + was George Mason, a man of the first order of wisdom among those who acted + on the theatre of the revolution, of expansive mind, profound judgment, + cogent in argument, learned in the lore of our former constitution, and + earnest for the republican change, on democratic principles. His elocution + was neither flowing nor smooth; but his language was strong, his manner + most impressive, and strengthened by a dash of biting cynicism, when + provocation made it seasonable. + </p> + <p> + Mr. Wythe, while speaker in the two sessions of 1777, between his return + from Congress and his appointment to the Chancery, was an able and + constant associate in whatever was before a committee of the whole. His + pure integrity, judgment, and reasoning powers gave him great weight. Of + him, see more in some notes inclosed in my letter of August 31, 1821, to + Mr. John Saunderson. [See Appendix, note A.] + </p> + <p> + Mr. Madison came into the House in 1776, a new member, and young; which + circumstances, concurring with his extreme modesty, prevented his + venturing himself in debate before his removal to the Council of State, in + November, ‘77. From thence he went to Congress, then consisting of few + members. Trained in these successive schools, he acquired a habit of + self-possession, which placed at ready command the rich resources of his + luminous and discriminating mind, and of his extensive information, and + rendered him the first of every assembly afterwards, of which he became a + member. Never wandering from his subject into vain declamation, but + pursuing it closely, in language pure, classical, and copious, soothing + always the feelings of his adversaries by civilities and softness of + expression, he rose to the eminent station which he held in the great + National Convention of 1787; and in that of Virginia, which followed, he + sustained the new constitution in all its parts, bearing off the palm + against the logic of George Mason, and the fervid declamation of Mr. + Henry. With these consummate powers, was united a pure and spotless + virtue, which no calumny has ever attempted to sully. Of the powers and + polish of his pen, and of the wisdom of his administration in the highest + office of the nation, I need say nothing. They have spoken, and will for + ever speak for themselves. + </p> + <p> + So far we were proceeding in the details of reformation only; selecting + points of legislation, prominent in character and principle, urgent, and + indicative of the strength of the general pulse of reformation. When I + left Congress in ‘76, it was in the persuasion, that our whole code must + be reviewed, adapted to our republican form of government, and, now that + we had no negatives of Councils, Governors, and Kings to restrain us from + doing right, that it should be corrected, in all its parts, with a single + eye to reason, and the good of those for whose government it was framed. + Early, therefore, in the session of ‘76, to which I returned, I moved and + presented a bill for the revision of the laws; which was passed on the + 24th of October, and on the 5th of November, Mr. Pendleton, Mr. Wythe, + George Mason, Thomas L. Lee, and myself, were appointed a committee to + execute the work. We agreed to meet at Fredericksburg to settle the plan + of operation, and to distribute the work. We met there accordingly, on the + 13th of January, 1777. The first question was, whether we should propose + to abolish the whole existing system of laws, and prepare a new and + complete Institute, or preserve the general system, and only modify it to + the present state of things. Mr. Pendleton, contrary to his usual + disposition in favor of ancient things, was for the former proposition, in + which he was joined by Mr. Lee. To this it was objected, that to abrogate + our whole system would be a bold measure, and probably far beyond the + views of the legislature; that they had been in the practice of revising, + from time to time, the laws of the colony, omitting the expired, the + repealed, and the obsolete, amending only those retained, and probably + meant we should now do the same, only including the British statutes as + well as our own: that to compose a new Institute, like those of Justinian + and Bracton, or that of Blackstone, which was the model proposed by Mr. + Pendleton, would be an arduous undertaking, of vast research, of great + consideration and judgment; and when reduced to a text, every word of that + text, from the imperfection of human language, and its incompetence to + express distinctly every shade of idea, would become a subject of question + and chicanery, until settled by repeated adjudications; that this would + involve us for ages in litigation, and render property uncertain, until, + like the statutes of old, every word had been tried and settled by + numerous decisions, and by new volumes of reports and commentaries; and + that no one of us, probably, would undertake such a work, which, to be + systematical, must be the work of one hand. This last was the opinion of + Mr. Wythe, Mr. Mason, and myself. When we proceeded to the distribution of + the work, Mr. Mason excused himself, as, being no lawyer, he felt himself + unqualified for the work, and he resigned soon after. Mr. Lee excused + himself on the same ground, and died indeed in a short time. The other two + gentlemen, therefore, and myself, divided the work among us. The common + law and statutes to the 4 James I. (when our separate legislature was + established) were assigned to me; the British statutes, from that period + to the present day, to Mr. Wythe; and the Virginia laws to Mr. Pendleton. + As the law of Descents, and the Criminal law, fell of course within my + portion, I wished the committee to settle the leading principles of these, + as a guide for me in framing them; and, with respect to the first, I + proposed to abolish the law of primogeniture, and to make real estate + descendible in parcenery to the next of kin, as personal property is, by + the statute of distribution. Mr. Pendleton wished to preserve the right of + primogeniture; but seeing at once that that could not prevail, he proposed + we should adopt the Hebrew principle, and give a double portion to the + elder son. I observed, that if the elder son could eat twice as much, or + do double work, it might be a natural evidence of his right to a double + portion; but being on a par, in his powers and wants, with his brothers + and sisters, he should be on a par also in the partition of the patrimony; + and such was the decision of the other members. + </p> + <p> + On the subject of the Criminal law, all were agreed, that the punishment + of death should be abolished, except for treason and murder; and that, for + other felonies, should be substituted hard labor in the public works, and, + in some cases, the <i>Lex talionis</i>. How this last revolting principle + came to obtain our approbation, I do not remember. There remained, indeed, + in our laws, a vestige of it in a single case of a slave; it was the + English law, in the time of the Anglo-Saxons, copied probably from the + Hebrew law of an ‘eye for an eye, a tooth for a tooth,’ and it was the law + of several ancient people; but the modern mind had left it far in the rear + of its advances. These points, however, being settled, we repaired to our + respective homes for the preparation of the work. + </p> + <p> + In the execution of my part, I thought it material not to vary the diction + of the ancient statutes by modernizing it, nor to give rise to new + questions by new expressions. The text of these statutes had been so fully + explained and defined, by numerous adjudications, as scarcely ever now to + produce a question in our courts. I thought it would be useful, also, in + all new draughts, to reform the style of the later British statutes, and + of our own acts of Assembly; which, from their verbosity, their endless + tautologies, their involutions of case within case, and parenthesis within + parenthesis, and their multiplied efforts at certainty, by saids and + afore-saids, by ors and by ands, to make them more plain, are really + rendered more perplexed and incomprehensible, not only to common readers, + but to the lawyers themselves. We were employed in this work from that + time to February, 1779, when we met at Williamsburg; that is to say, Mr. + Pendleton, Mr. Wythe, and myself; and meeting day by day, we examined + critically our several parts, sentence by sentence, scrutinizing and + amending, until we had agreed on the whole. We then returned home, had + fair copies made of our several parts, which were reported to the General + Assembly, June 18, 1779, by Mr. Wythe and myself, Mr. Pendleton’s + residence being distant, and he having authorized us by letter to declare + his approbation. We had, in this work, brought so much of the Common law + as it was thought necessary to alter, all the British statutes from <i>Magna + Charta</i> to the present day, and all the laws of Virginia, from the + establishment of our legislature in the 4th Jac. I. to the present time, + which we thought should be retained, within the compass of one hundred and + twenty-six bills, making a printed folio of ninety pages only. Some bills + were taken out, occasionally, from time to time, and passed; but the main + body of the work was not entered on by the legislature, until after the + general peace, in 1785, when, by the unwearied exertions of Mr. Madison, + in opposition to the endless quibbles, chicaneries, perversions, + vexations, and delays of lawyers and demi-lawyers, most of the bills were + passed by the legislature, with little alteration. + </p> + <p> + The bill for establishing religious freedom, the principles of which had, + to a certain degree, been enacted before, I had drawn in all the latitude + of reason and right. It still met with opposition; but, with some + mutilations in the preamble, it was finally passed; and a singular + proposition proved, that its protection of opinion was meant to be + universal. Where the preamble declares that coercion is a departure from + the plan of the holy author of our religion, an amendment was proposed, by + inserting the words ‘Jesus Christ,’ so that it should read, ‘a departure + from the plan of Jesus Christ, the holy author of our religion;’ the + insertion was rejected by a great majority, in proof that they meant to + comprehend, within the mantle of its protection, the Jew and the Gentile, + the Christian and Mahometan, the Hindoo, and Infidel of every + denomination. + </p> + <p> + Beccaria, and other writers on crimes and punishments, had satisfied the + reasonable world of the unrightfulness and inefficacy of the punishment of + crimes by death; and hard labor on roads, canals, and other public works, + had been suggested as a proper substitute. The Revisors had adopted these + opinions; but the general idea of our country had not yet advanced to that + point. The bill, therefore, for proportioning crimes and punishments, was + lost in the House of Delegates by a majority of a single vote. I learned + afterwards, that the substitute of hard labor in public, was tried (I + believe it was in Pennsylvania) without success. Exhibited as a public + spectacle, with shaved heads, and mean clothing, working on the high + roads, produced in the criminals such a prostration of character, such an + abandonment of self-respect, as, instead of reforming, plunged them into + the most desperate and hardened depravity of morals and character. To + pursue the subject of this law.—I was written to in 1785 (being then + in Paris) by Directors appointed to superintend the building of a Capitol + in Richmond, to advise them as to a plan, and to add to it one of a + Prison. Thinking it a favorable opportunity of introducing into the state + an example of architecture, in the classic style of antiquity, and the <i>Maison + Quarrée</i> of Nismes, an ancient Roman temple, being considered as the + most perfect model existing of what may be called Cubic architecture, I + applied to M. Clerissault, who had published drawings of the antiquities + of Nismes, to have me a model of the building made in stucco, only + changing the order from Corinthian to Ionic, on account of the difficulty + of the Corinthian capitals. I yielded, with reluctance, to the taste of + Clerissault, in his preference of the modern capital of Scamozzi to the + more noble capital of antiquity. This was executed by the artist whom + Choiseul Gouffier had carried with him to Constantinople, and employed, + while Ambassador there, in making those beautiful models of the remains of + Grecian architecture, which are to be seen at Paris. To adapt the exterior + to our use, I drew a plan for the interior, with the apartments necessary + for legislative, executive, and judiciary purposes; and accommodated in + their size and distribution to the form and dimensions of the building. + These were forwarded to the Directors, in 1786, and were carried into + execution, with some variations, not for the better, the most important of + which, however, admit of future correction. With respect to the plan of a + Prison, requested at the same time, I had heard of a benevolent society, + in England, which had been indulged by the government, in an experiment of + the effect of labor, in solitary confinement, on some of their criminals; + which experiment had succeeded beyond expectation. The same idea had been + suggested in France, and an Architect of Lyons had proposed a plan of a + well contrived edifice, on the principle of solitary confinement. I + procured a copy, and as it was too large for our purposes, I drew one on a + scale less extensive, but susceptible of additions as they should be + wanting. This I sent to the Directors, instead of a plan of a common + prison, in the hope that it would suggest the idea of labor in solitary + confinement, instead of that on the public works, which we had adopted in + our Revised Code. Its principle, accordingly, but not its exact form, was + adopted by Latrobe in carrying the plan into execution, by the erection of + what is now called the Penitentiary, built under his direction. In the + mean while, the public opinion was ripening, by time, by reflection, and + by the example of Pennsylvania, where labor on the highways had been + tried, without approbation, from 1786 to ‘89, and had been followed by + their Penitentiary system on the principle of confinement and labor, which + was proceeding auspiciously. In 1796, our legislature resumed the subject, + and passed the law for amending the Penal laws of the commonwealth. They + adopted solitary, instead of public, labor, established a gradation in the + duration of the confinement, approximated the style of the law more to the + modern usage, and, instead of the settled distinctions of murder and + manslaughter, preserved in my bill, they introduced the new terms of + murder in the first and second degree. Whether these have produced more or + fewer questions of definition, I am not sufficiently informed of our + judiciary transactions, to say. I will here, however, insert the text of + my bill, with the notes I made in the course of my researches into the + subject. [See Appendix, Note E.] + </p> + <p> + The acts of Assembly concerning the College of William and Mary, were + properly within Mr. Pendleton’s portion of the work; but these related + chiefly to its revenue, while its constitution, organization, and scope of + science, were derived from its charter. We thought that on this subject, a + systematical plan of general education should be proposed, and I was + requested to undertake it. I accordingly prepared three bills for the + Revisal, proposing three distinct grades of education, reaching all + classes. 1st. Elementary schools, for all children generally, rich and + poor. 2nd. Colleges, for a middle degree of instruction, calculated for + the common purposes of life, and such as would be desirable for all who + were in easy circumstances. And, 3rd., an ultimate grade for teaching the + sciences generally, and in their highest degree. The first bill proposed + to lay off every county into Hundreds, or Wards, of a proper size and + population for a school, in which reading, writing, and common arithmetic + should be taught; and that the whole state should be divided into + twenty-four districts, in each of which should be a school for classical + learning, grammar, geography, and the higher branches of numerical + arithmetic. The second bill proposed to amend the constitution of William + and Mary college, to enlarge its sphere of science, and to make it in fact + a University. The third was for the establishment of a library. These + bills were not acted on until the same year, ‘96, and then only so much of + the first as provided for elementary schools. The College of William and + Mary was an establishment purely of the Church of England; the Visitors + were required to be all of that Church; the Professors to subscribe its + Thirty-nine Articles; its Students to learn its Catechism; and one of its + fundamental objects was declared to be, to raise up Ministers for that + Church. The religious jealousies, therefore, of all the dissenters, took + alarm lest this might give an ascendancy to the Anglican sect, and refused + acting on that bill. Its local eccentricity, too, and unhealthy autumnal + climate, lessened the general inclination towards it. And in the + Elementary bill, they inserted a provision which completely defeated it; + for they left it to the court of each county to determine for itself, when + this act should be carried into execution, within their county. One + provision of the bill was, that the expenses of these schools should be + borne by the inhabitants of the county, every one in proportion to his + general tax rate. This would throw on wealth the education of the poor; + and the justices, being generally of the more wealthy class, were + unwilling to incur that burthen, and I believe it was not suffered to + commence in a single county. I shall recur again to this subject, towards + the close of my story, if I should have life and resolution enough to + reach that term; for I am already tired of talking about myself. + </p> + <p> + The bill on the subject of slaves, was a mere digest of the existing laws + respecting them, without any intimation of a plan for a future and general + emancipation. It was thought better that this should be kept back, and + attempted only by way of amendment, whenever the bill should be brought + on. The principles of the amendment, however, were agreed on, that is to + say, the freedom of all born after a certain day, and deportation at a + proper age. But it was found that the public mind would not yet bear the + proposition, nor will it bear it even at this day. Yet the day is not + distant when it must bear and adopt it, or worse will follow. Nothing is + more certainly written in the book of fate, than that these people are to + be free; nor is it less certain that the two races, equally free, cannot + live in the same government. Nature, habit, opinion, have drawn indelible + lines of distinction between them. It is still in our power to direct the + process of emancipation and deportation, peaceably, and in such slow + degree, as that the evil will wear off insensibly, and their place be, <i>pari + passu</i>, filled up by free white laborers. If, on the contrary, it is + left to force itself on, human nature must shudder at the prospect held + up. We should in vain look for an example in the Spanish deportation or + deletion of the Moors. This precedent would fall far short of our case. + </p> + <p> + I considered four of these bills, passed or reported, as forming a system + by which every fibre would be eradicated of ancient or future aristocracy; + and a foundation laid for a government truly republican. The repeal of the + laws of entail would prevent the accumulation and perpetuation of wealth, + in select families, and preserve the soil of the country from being daily + more and more absorbed in mortmain. The abolition of primogeniture, and + equal partition of inheritances, removed the feudal and unnatural + distinctions which made one member of every family rich, and all the rest + poor, substituting equal partition, the best of all Agrarian laws. The + restoration of the rights of conscience relieved the people from taxation + for the support of a religion not theirs; for the establishment was truly + of the religion of the rich, the dissenting sects being entirely composed + of the less wealthy people; and these, by the bill for a general + education, would be qualified to understand their rights, to maintain + them, and to exercise with intelligence their parts in self-government: + and all this would be effected, without the violation of a single natural + right of any one individual citizen. To these, too, might be added, as a + further security, the introduction of the trial by jury into the Chancery + courts, which have already ingulphed, and continue to ingulph, so great a + proportion of the jurisdiction over our property. + </p> + <p> + On the 1st of June, 1779, I was appointed Governor of the Commonwealth, + and retired from the legislature. Being elected, also, one of the Visitors + of William and Mary college, a self-electing body, I effected, during my + residence in Williamsburg that year, a change in the organization of that + institution, by abolishing the Grammar school, and the two professorships + of Divinity and Oriental languages, and substituting a professorship of + Law and Police, one of Anatomy, Medicine, and Chemistry, and one of Modern + Languages; and the charter confining us to six professorships, We added + the Law of Nature and Nations, and the Fine Arts, to the duties of the + Moral professor, and Natural History to those of the professor of + Mathematics and Natural Philosophy. + </p> + <p> + Being now, as it were, identified with the Commonwealth itself, to write + my own history, during the two years of my administration, would be to + write the public history of that portion of the revolution within this + state. This has been done by others, and particularly by Mr. Girardin, who + wrote his Continuation of Burke’s History of Virginia, while at Milton in + this neighborhood, had free access to all my papers while composing it, + and has given as faithful an account as I could myself. For this portion, + therefore, of my own life, I refer altogether to his history. From a + belief that, under the pressure of the invasion 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, I resigned the administration at the end of my + second year, and General Nelson was appointed to succeed me. + </p> + <p> + Soon after my leaving Congress, in September, ‘76, to wit, on the last day + of that month, I had been appointed, with Dr. Franklin, to go to France, + as a Commissioner to negotiate treaties of alliance and commerce with that + government. Silas Deane, then in France, acting as agent for procuring + military stores,* was joined with us in commission. But such was the state + of my family that I could not leave it, nor could I expose it to the + dangers of the sea, and of capture by the British ships, then covering the + ocean. I saw, too, that the laboring oar was really at home, where much + was to be done, of the most permanent interest, in new-modelling our + governments, and much to defend our fanes and fire-sides from the + desolations of an invading enemy, pressing on our country in every point. + I declined, therefore, and Dr. Lee was appointed in my place. On the 15th + of June, 1781, I had been appointed, with Mr. Adams, Dr. Franklin, Mr. + Jay, and Mr. Laurens, a Minister Plenipotentiary for negotiating peace, + then expected to be effected through the mediation of the Empress of + Russia. The same reasons obliged me still to decline; and the negotiation + was in fact never entered on. But, in the autumn of the next year, 1782, + Congress receiving assurances that a general peace would be concluded in + the winter and spring, they renewed my appointment on the 13th of November + of that year. I had, two months before that, lost the cherished companion + of my life, in whose affections, unabated on both sides, I had lived the + last ten years in unchequered happiness. With the public interests, the + state of my mind concurred in recommending the change of scene proposed; + and I accepted the appointment, and left Monticello on the 19th of + December, 1782, for Philadelphia, where I arrived on the 27th. The + Minister of France, Luzerne, offered me a passage in the Romulus frigate, + which I accepted; but she was then lying a few miles below Baltimore, + blocked up in the ice. I remained, therefore, a month in Philadelphia, + looking over the papers in the office of State, in order to possess myself + of the general state of our foreign relations, and then went to Baltimore, + to await the liberation of the frigate from the ice. After waiting there + nearly a month, we received information that a Provisional treaty of peace + had been signed by our Commissioners on the 3rd of September, 1782, to + become absolute, on the conclusion of peace between France and Great + Britain. Considering my proceeding to Europe as now of no utility to the + public, I returned immediately to Philadelphia, to take the orders of + Congress, and was excused by them from further proceeding. I therefore + returned home, where I arrived on the 15th of May, 1783. + </p> +<pre xml:space="preserve"> + * His ostensible character was to be that of a merchant, his + real one that of agent for military supplies, and also for + sounding the dispositions of the government of France, and + seeing how far they would favor us, either secretly or + openly. His appointment had been by the Committee of Foreign + Correspondence, March, 1776. +</pre> + <p> + On the 6th of the following month, I was appointed by the legislature a + delegate to Congress, the appointment to take place on the 1st of November + ensuing, when that of the existing delegation would expire. I accordingly + left home on the 16th of October, arrived at Trenton, where Congress was + sitting, on the 3rd of November, and took my seat on the 4th, on which day + Congress adjourned, to meet at Annapolis on the 26th. + </p> + <p> + Congress had now become a very small body, and the members very remiss in + their attendance on its duties, insomuch that a majority of the states, + necessary by the Confederation to constitute a House, even for minor + business, did not assemble until the 13th of December. + </p> + <p> + They, as early as January 7, 1782, had turned their attention to the + monies current in the several states, and had directed the Financier, + Robert Morris, to report to them a table of rates, at which the foreign + coins should be received at the treasury. That officer, or rather his + assistant, Gouverneur Morris, answered them on the 15th, in an able and + elaborate statement of the denominations of money current in the several + states, and of the comparative value of the foreign coins chiefly in + circulation with us, He went into the consideration of the necessity of + establishing a standard of value with us, and of the adoption of a money + unit. He proposed for that unit, such a fraction of pure silver as would + be a common measure of the penny of every state, without leaving a + fraction. This common divisor he found to be 1/1440 of a dollar, or 1/1600 + the crown sterling. The value of a dollar was, therefore, to be expressed + by 1440 units, and of a crown by 1600; each unit containing a quarter of a + grain of fine silver. Congress turning again their attention to this + subject the following year, the Financier, by a letter of April 30,1783, + further explained and urged the unit he had proposed: but nothing more was + done on it until the ensuing year, when it was again taken up, and + referred to a committee, of which I was a member. The general views of the + Financier were sound, and the principle was ingenious, on which he + proposed to found his unit; but it was too minute for ordinary use, too + laborious for computation, either by the head or in figures. The price of + a loaf of bread, 1/20 of a dollar, would be 72 units. A pound of butter, + 1/5 of a dollar, 288 units. A horse, or bullock, of eighty dollars’ value, + would require a notation of six figures, to wit, 115,200, and the public + debt, suppose of eighty millions, would require twelve figures, to wit, + 115,200,000,000 units. Such a system of money-arithmetic would be entirely + unmanageable for the common purposes of society. I proposed, therefore, + instead of this, to adopt the Dollar as our unit of account and payment, + and that its divisions and subdivisions should be in the decimal ratio. I + wrote some Notes on the subject, which I submitted to the consideration of + the Financier. I received his answer and adherence to his general system, + only agreeing to take for his unit one hundred of those he first proposed, + so that a Dollar should be 14 40/100 and a crown 16 units. I replied to + this, and printed my Notes and Reply on a flying sheet, which I put into + the hands of the members of Congress for consideration, and the Committee + agreed to report on my principle. This was adopted the ensuing year, and + is the system which now prevails. I insert, here, the Notes and Reply, as + showing the different views on which the adoption of our money system + hung. [See Appendix, note F.]The divisions into dismes, cents, and mills + is now so well understood, that it would be easy of introduction into the + kindred branches of weights and measures. I use, when I travel, an + Odometer of Clarke’s invention, which divides the mile into cents, and I + find every one comprehends a distance readily, when stated to him in miles + and cents; so he would in feet and cents, pounds and cents, &c. + </p> + <p> + The remissness of Congress, and their permanent session began to be a + subject of uneasiness; and even some of the legislatures had recommended + to them intermissions, and periodical sessions. As the Confederation had + made no provision for a visible head of the government, during vacations + of Congress, and such a one was necessary to superintend the executive + business, to receive and communicate with foreign ministers and nations, + and to assemble Congress on sudden and extraordinary emergencies, I + proposed, early in April, the appointment of a committee, to be called the + ‘Committee of the States,’ to consist of a member from each state, who + should remain in session during the recess of Congress: that the functions + of Congress should be divided into executive and legislative, the latter + to be reserved, and the former, by a general resolution, to be delegated + to that Committee. This proposition was afterwards agreed to; a Committee + appointed who entered on duty on the subsequent adjournment of Congress, + quarrelled very soon, split into two parties, abandoned their post, and + left the government without any visible head, until the next meeting of + Congress. We have since seen the same thing take place, in the Directory + of France; and I believe it will for ever take place in any Executive + consisting of a plurality. Our plan, best, I believe, combines wisdom and + practicability, by providing a plurality of Counsellors, but a single + Arbiter for ultimate decision. I was in France when we heard of this + schism and separation of our Committee, and, speaking with Dr. Franklin of + this singular disposition of men to quarrel, and divide into parties, he + gave his sentiments, as usual, by way of Apologue. He mentioned the + Eddystone light-house, in the British channel, as being built on a rock, + in the mid-channel, totally inaccessible in winter, from the boisterous + character of that sea, in that season; that, therefore, for the two + keepers employed to keep up the lights, all provisions for the winter were + necessarily carried to them in autumn, as they could never be visited + again till the return of the milder season; that, on the first practicable + day in the spring, a boat put off to them with fresh supplies. The boatmen + met at the door one of the keepers, and accosted him with a ‘How goes it, + friend?’ ‘Very well.’ ‘How is your companion?’ ‘I do not know.’ ‘Don’t + know? Is not he here?’ ‘I can’t tell.’ ‘Have not you seen him to-day?’ + ‘No.’ ‘When did you see him?’ ‘Not since last fall.’ ‘You have killed + him?’ ‘Not I, indeed.’ They were about to lay hold of him, as having + certainly murdered his companion; but he desired them to go up stairs and + examine for themselves. They went up, and there found the other keeper. + They had quarrelled, it seems, soon after being left there, had divided + into two parties, assigned the cares below to one, and those above to the + other, and had never spoken to, or seen, one another since. + </p> + <p> + But to return to our Congress at Annapolis. The definitive treaty of peace + which had been signed at Paris on the 3rd of September, 1783, and received + here, could not be ratified without a House of nine states. On the 23rd of + December, therefore, we addressed letters to the several Governors, + stating the receipt of the definitive treaty; that seven states only were + in attendance, while nine were necessary to its ratification; and urging + them to press on their delegates the necessity of their immediate + attendance. And on the 26th, to save time, I moved that the Agent of + Marine (Robert Morris) should be instructed to have ready a vessel at this + place, at New York, and at some Eastern port, to carry over the + ratification of the treaty when agreed to. It met the general sense of the + House, but was opposed by Dr. Lee, on the ground of expense, which it + would authorize the Agent to incur for us; and, he said, it would be + better to ratify at once, and send on the ratification. Some members had + before suggested, that seven states were competent to the ratification. My + motion was therefore postponed, and another brought forward by Mr. Read, + of South Carolina, for an immediate ratification. This was debated the + 26th and 27th. Read, Lee, Williamson, and Jeremiah Chase urged that + ratification was a mere matter of form; that the treaty was conclusive + from the moment it was signed by the ministers; that, although the + Confederation requires the assent of nine states to enter into a treaty, + yet, that its conclusion could not be called the entrance into it; that + supposing nine states requisite, it would be in the power of five states + to keep us always at war; that nine states had virtually authorized the + ratification, having ratified the provisional treaty, and instructed their + ministers to agree to a definitive one in the same terms, and the present + one was, in fact, substantially, and almost verbatim, the same; that there + now remain but sixty-seven days for the ratification, for its passage + across the Atlantic, and its exchange; that there was no hope of our soon + having nine states present in fact, that this was the ultimate point of + time to which we could venture to wait; that if the ratification was not + in Paris by the time stipulated, the treaty would become void; that if + ratified by seven states, it would go under our seal, without its being + known to Great Britain that only seven had concurred; that it was a + question of which they had no right to take cognizance, and we were only + answerable for it to our constituents; that it was like the ratification + which Great Britain had received from the Dutch, by the negotiations of + Sir William Temple. + </p> + <p> + On the contrary, it was argued by Monroe, Gerry, Howel, Ellery, and + myself, that by the modern usage of Europe, the ratification was + considered as the act which gave validity to a treaty, until which, it was + not obligatory.* That the commission to the ministers, reserved the + ratification to Congress; that the treaty itself stipulated, that it + should be ratified; that it became a second question, who were competent + to the ratification? That the Confederation expressly required nine states + to enter into any treaty; that, by this, that instrument must have + intended, that the assent of nine states should be necessary, as well to + the completion as to the commencement of the treaty, its object having + been to guard the rights of the Union in all those important cases, where + nine states are called for; that by the contrary construction, seven + states, containing less than one third of our whole citizens, might rivet + on us a treaty, commenced indeed under commission and instructions from + nine states, but formed by the minister in express contradiction to such + instructions, and in direct sacrifice of the interests of so great a + majority; that the definitive treaty was admitted not to be a verbal copy + of the provisional one, and whether the departures from it were of + substance, or not, was a question on which nine states alone were + competent to decide; that the circumstances of the ratification of the + provisional articles by nine states, the instructions to our ministers to + form a definitive one by them, and their actual agreement in substance, do + not render us competent to ratify in the present instance; if these + circumstances are in themselves a ratification, nothing further is + requisite than to give attested copies of them, in exchange for the + British ratification; if they are not, we remain where we were, without a + ratification by nine states, and incompetent ourselves to ratify; that it + was but four days since the seven states, now present, unanimously + concurred in a resolution to be forwarded to the Governors of the absent + states, in which they stated, as a cause for urging on their delegates, + that nine states were necessary to ratify the treaty; that in the case of + the Dutch ratification, Great Britain had courted it, and therefore was + glad to accept it as it was; that they knew our Constitution, and would + object to a ratification by seven; that, if that circumstance was kept + back, it would be known hereafter, and would give them ground to deny the + validity of a ratification, into which they should have been surprised and + cheated, and it would be a dishonorable prostitution of our seal; that + there is a hope of nine states; that if the treaty would become null, if + not ratified in time, it would not be saved by an imperfect ratification; + but that, in fact, it would not be null, and would be placed on better + ground, going in unexceptionable form, though a few days too late, and + rested on the small importance of this circumstance, and the physical + impossibilities which had prevented a punctual compliance in point of + time; that this would be approved by all nations, and by Great Britain + herself, if not determined to renew the war, and if so determined, she + would never want excuses, were this out of the way. Mr. Read gave notice, + he should call for the yeas and nays; whereon those in opposition, + prepared a resolution, expressing pointedly the reasons of their dissent + from his motion. It appearing, however, that his proposition could not be + carried, it was thought better to make no entry at all. Massachusetts + alone would have been for it; Rhode Island, Pennsylvania, and Virginia + against it, Delaware, Maryland, and North Carolina, would have been + divided. + </p> + <p> + Our body was little numerous, but very contentious. Day after day was + wasted on the most unimportant questions. A member, one of those afflicted + with the morbid rage of debate, of an ardent mind, prompt imagination, and + copious flow of words, who heard with impatience any logic which was not + his own, sitting near me on some occasion of a trifling but wordy debate, + asked me how I could sit in silence, hearing so much false reasoning, + which a word should refute? I observed to him, that to refute indeed was + easy, but to silence impossible; that in measures brought forward by + myself, I took the laboring oar, as was incumbent on me; but that in + general, I was willing to listen; that if every sound argument or + objection was used by some one or other of the numerous debaters, it was + enough; if not, I thought it sufficient to suggest the omission, without + going into a repetition of what had been already said by others: that this + was a waste and abuse of the time and patience of the House, which could + not be justified. And I believe, that if the members of deliberate bodies + were to observe this course generally, they would do in a day, what takes + them a week; and it is really more questionable, than may at first be + thought, whether Bonaparte’s dumb legislature, which said nothing, and did + much, may not be preferable to one which talks much, and does nothing. I + served with General Washington in the legislature of Virginia, before the + revolution, and, during it, with Dr. Franklin in Congress. I never heard + either of them speak ten minutes at a time, nor to any but the main point, + which was to decide the question. They laid their shoulders to the great + points, knowing that the little ones would follow of themselves. If the + present Congress errs in too much talking, how can it be otherwise, in a + body to which the people send one hundred and fifty lawyers, whose trade + it is, to question every thing, yield nothing, and talk by the hour? That + one hundred and fifty lawyers should do business together, ought not to be + expected. But to return again to our subject. + </p> + <p> + Those, who thought seven states competent to the ratification, being very + restless under the loss of their motion, I proposed, on the third of + January, to meet them on middle ground, and therefore moved a resolution, + which premised, that there were but seven states present, who were + unanimous for the ratification, but that they differed in opinion on the + question of competency; that those however in the negative, were + unwilling, that any powers which it might be supposed they possessed, + should remain unexercised for the restoration of peace, provided it could + be done, saving their good faith, and without importing any opinion of + Congress, that seven states were competent, and resolving that the treaty + be ratified so far as they had power; that it should be transmitted to our + ministers, with instructions to keep it uncommunicated; to endeavor to + obtain three months longer for exchange of ratifications; that they should + be informed, that so soon as nine states shall be present, a ratification + by nine shall be sent them: if this should get to them before the ultimate + point of time for exchange, they were to use it, and not the other; if + not, they were to offer the act of the seven states in exchange, informing + them the treaty had come to hand while Congress was not in session, that + but seven states were as yet assembled, and these had unanimously + concurred in the ratification. This was debated on the third and fourth; + and on the fifth, a vessel being to sail for England, from this port, + (Annapolis), the House directed the President to write to our ministers + accordingly. + </p> + <p> + January 14. Delegates from Connecticut having attended yesterday, and + another from South Carolina coming in this day, the treaty was ratified + without a dissenting voice; and three instruments of ratification were + ordered to be made out, one of which was sent by Colonel Harmer, another + by Colonel Franks, and the third transmitted to the Agent of Marine, to be + forwarded by any good opportunity. + </p> + <p> + Congress soon took up the consideration of their foreign relations. They + deemed it necessary to get their commerce placed, with every nation, on a + footing as favorable as that of other nations; and for this purpose, to + propose to each a distinct treaty of commerce. This act too would amount + to an acknowledgment, by each, of our independence, and of our reception + into the fraternity of nations; which, although as possessing our station + of right, and, in fact, we would not condescend to ask, we were not + unwilling to furnish opportunities for receiving their friendly + salutations and welcome. With France, the United Netherlands, and Sweden, + we had already treaties of commerce; but commissions were given for those + countries also, should any amendments be thought necessary. The other + states to which treaties were to be proposed, were England, Hamburg, + Saxony, Prussia, Denmark, Russia, Austria, Venice, Rome, Naples, Tuscany, + Sardinia, Genoa, Spain, Portugal, the Porte, Algiers, Tripoli, Tunis, and + Morocco. + </p> + <p> + On the 7th of May, Congress resolved that a Minister Plenipotentiary + should be appointed, in addition to Mr. Adams and Dr. Franklin, for + negotiating treaties of commerce with foreign nations, and I was elected + to that duty. I accordingly left Annapolis on the 11th, took with me my + eldest daughter; then at Philadelphia (the two others being too young for + the voyage), and proceeded to Boston, in quest of a passage. While passing + through the different states, I made a point of informing myself of the + state of the commerce of each, went on to New Hampshire with the same + view, and returned to Boston. Thence I sailed on the 5th of July, in the + Ceres, a merchant ship of Mr. Nathaniel Tracy, bound to Cowes. He was + himself a passenger, and, after a pleasant voyage of nineteen days, from + land to land, we arrived at Cowes on the 26th. I was detained there a few + days by the indisposition of my daughter. On the 30th we embarked for + Havre, arrived there on the 31st, left it on the 3rd of August, and + arrived at Paris on the 6th. I called immediately on Dr. Franklin, at + Passy, communicated to him our charge, and we wrote to Mr. Adams, then at + the Hague, to join us at Paris. + </p> + <p> + Before I had left America, that is to say, in the year 1781, 1 had + received a letter from M. de Marbois, of the French legation in + Philadelphia, informing me, he had been instructed by his government to + obtain such statistical accounts of the different states of our Union, as + might be useful for their information; and addressing to me a number of + queries relative to the state of Virginia. I had always made it a + practice, whenever an opportunity occurred of obtaining any information of + our country, which might be of use to me in any station, public or + private, to commit it to writing. These memoranda were on loose papers, + bundled up without order, and difficult of recurrence, when I had occasion + for a particular one. I thought this a good occasion to embody their + substance, which I did in the order of Mr. Marbois’ queries, so as to + answer his wish, and to arrange them for my own use. Some friends, to whom + they were occasionally communicated, wished for copies; but their volume + rendering this too laborious by hand, I proposed to get a few printed for + their gratification. I was asked such a price however, as exceeded the + importance of the object. On my arrival at Paris, I found it could be done + for a fourth of what I had been asked here. I therefore corrected and + enlarged them, and had two hundred copies printed, under the title of + ‘Notes on Virginia.’ I gave a very few copies to some particular friends + in Europe, and sent the rest to my friends in America. An European copy, + by the death of the owner, got into the hands of a bookseller, who engaged + its translation, and when ready for the press, communicated his intentions + and manuscript to me, suggesting that I should correct it, without asking + any other permission for the publication. I never had seen so wretched an + attempt at translation. Interverted, abridged, mutilated, and often + reversing the sense of the original, I found it a blotch of errors from + beginning to end. I corrected some of the most material, and, in that + form, it was printed in French. A London bookseller, on seeing the + translation, requested me to permit him to print the English original. I + thought it best to do so, to let the world see that it was not really so + bad as the French translation had made it appear. And this is the true + history of that publication. + </p> + <p> + Mr. Adams soon joined us at Paris, and our first employment was to prepare + a general form, to be proposed to such nations as were disposed to treat + with us. During the negotiations for peace with the British Commissioner, + David Hartley, our Commissioners had proposed, on the suggestion of Dr. + Franklin, to insert an article, exempting from capture by the public or + private armed ships, of either belligerent, when at war, all merchant + vessels and their cargoes, employed merely in carrying on the commerce + between nations. It was refused by England, and unwisely, in my opinion. + For, in the case of a war with us, their superior commerce places + infinitely more at hazard on the ocean, than ours; and, as hawks abound in + proportion to game, so our privateers would swarm, in proportion to the + wealth exposed to their prize, while theirs would be few, for want of + subjects of capture. We inserted this article in our form, with a + provision against the molestation of fishermen, husbandmen, citizens + unarmed, and following their occupations in unfortified places, for the + humane treatment of prisoners of war, the abolition of contraband of war, + which exposes merchant vessels to such vexatious and ruinous detentions + and abuses; and for the principle of free bottoms, free goods. + </p> + <p> + In a conference with the Count de Vergennes, it was thought better to + leave to legislative regulation, on both sides, such modifications of our + commercial intercourse, as would voluntarily flow from amicable + dispositions. Without urging, we sounded the ministers of the several + European nations, at the court of Versailles, on their dispositions + towards mutual commerce, and the expediency of encouraging it by the + protection of a treaty. Old Frederic, of Prussia, met us cordially, and + without hesitation, and appointing the Baron de Thulemeyer, his minister + at the Hague, to negotiate with us, we communicated to him our Projet, + which, with little alteration by the King, was soon concluded. Denmark and + Tuscany entered also into negotiations with us. Other powers appearing + indifferent, we did not think it proper to press them. They seemed, in + fact, to know little about us, but as rebels, who had been successful in + throwing off the yoke of the mother country. They were ignorant of our + commerce, which had been always monopolized by England, and of the + exchange of articles it might offer advantageously to both parties. They + were inclined, therefore, to stand aloof, until they could see better what + relations might be usefully instituted with us. The negotiations, + therefore, begun with Denmark and Tuscany, we protracted designedly, until + our powers had expired; and abstained from making new propositions to + others having no colonies; because our commerce being an exchange of raw + for wrought materials, is a competent price for admission into the + colonies of those possessing them; but were we to give it, without price, + to others, all would claim it, without price, on the ordinary ground of <i>gentis + amicissimæ</i>. + </p> + <p> + Mr. Adams, being appointed Minister Plenipotentiary of the United States + to London, left us in June, and in July, 1785, Dr. Franklin returned to + America, and I was appointed his successor at Paris. In February, 1786, + Mr. Adams wrote to me, pressingly, to join him in London immediately, as + he thought he discovered there some symptoms of better disposition towards + us. Colonel Smith, his secretary of legation, was the bearer of his + urgencies for my immediate attendance. I, accordingly, left Paris on the + 1st of March, and, on my arrival in London, we agreed on a very summary + form of treaty, proposing an exchange of citizenship for our citizens, our + ships, and our productions generally, except as to office. On my + presentation, as usual, to the King and Queen, at their levees, it was + impossible for any thing to be more ungracious, than their notice of Mr. + Adams and myself. I saw, at once, that the ulcerations of mind in that + quarter left nothing to be expected on the subject of my attendance; and, + on the first conference with the Marquis of Caermarthen, the Minister for + foreign affairs, the distance and disinclination which he betrayed in his + conversation, the vagueness and evasions of his answers to us, confirmed + me in the belief of their aversion to have any thing to do with us. We + delivered him, however, our <i>Projet</i>, Mr. Adams not despairing as + much as I did of its effect. We afterwards, by one or more, notes, + requested his appointment of an interview and conference, which, without + directly declining, he evaded, by pretence of other pressing occupations + for the moment. After staying there seven weeks, till within a few days of + the expiration of our commission, I informed the minister, by note, that + my duties at Paris required my return to that place, and that I should, + with pleasure, be the bearer of any commands to his Ambassador there. He + answered, that he had none, and, wishing me a pleasant journey, I left + London the 26th, and arrived at Paris the 30th of April. + </p> + <p> + While in London, we entered into negotiations with the Chevalier Pinto, + Ambassador of Portugal, at that place. The only article of difficulty + between us was, a stipulation that our bread-stuff should be received in + Portugal, in the form of flour as well as of grain. He approved of it + himself, but observed that several nobles, of great influence at their + court, were the owners of windmills in the neighborhood of Lisbon, which + depended much for their profits on manufacturing our wheat, and that this + stipulation would endanger the whole treaty. He signed it, however, and + its fate was what he had candidly portended. + </p> + <p> + My duties, at Paris, were confined to a few objects; the receipt of our + whale-oils, salted fish, and salted meats, on favorable terms; the + admission of our rice on equal terms with that of Piedmont, Egypt, and the + Levant; a mitigation of the monopolies of our tobacco by the + farmers-general, and a free admission of our productions into their + islands, were the principal commercial objects which required attention; + and on these occasions, I was powerfully aided by all the influence and + the energies of the Marquis de la Fayette, who proved himself equally + zealous for the friendship and welfare of both nations; and, in justice, I + must also say, that I found the government entirely disposed to befriend + us on all occasions, and to yield us every indulgence, not absolutely + injurious to themselves. The Count de Vergennes had the reputation with + the diplomatic corps, of being wary and slippery in his diplomatic + intercourse; and so he might be, with those whom he knew to be slippery, + and double-faced themselves. As he saw that I had no indirect views, + practised no subtleties, meddled in no intrigues, pursued no concealed + object, I found him as frank, as honorable, as easy of access to reason, + as any man with whom I had ever done business; and I must say the same for + his successor, Montmorin, one of the most honest and worthy of human + beings. + </p> + <p> + Our commerce, in the Mediterranean, was placed under early alarm, by the + capture of two of our vessels and crews by the Barbary cruisers. I was + very unwilling that we should acquiesce in the European humiliation, of + paying a tribute to those lawless pirates, and endeavored to form an + association of the powers subject to habitual depredations from them. I + accordingly prepared, and proposed to their Ministers at Paris, for + consultation with their governments, articles of a special confederation, + in the following form. + </p> + <p> + ‘Proposals for concerted operation among the powers at war with the + piratical States of Barbary. + </p> + <p> + ‘1. It is proposed, that the several powers at war with the piratical + States of Barbary, or any two or more of them who shall be willing, shall + enter into a convention to carry on their operations against those States, + in concert, beginning with the Algerines. + </p> + <p> + ‘2. This convention shall remain open to any other power, who shall, at + any future time, wish to accede to it; the parties reserving the right to + prescribe the conditions of such accession, according to the circumstances + existing at the time it shall be proposed. + </p> + <p> + ‘3. The object of the convention shall be to compel the piratical States + to perpetual peace, without price, and to guaranty that peace to each + other. + </p> + <p> + ‘4. The operations for obtaining this peace shall be constant cruises on + their coast, with a naval force now to be agreed on. It is not proposed, + that this force shall be so considerable, as to be inconvenient to any + party. It is believed, that half a dozen frigates, with as many tenders or + xebecs, one half of which shall be in cruise, while the other half is at + rest, will suffice. + </p> + <p> + ‘5. The force agreed to be necessary, shall be furnished by the parties, + in certain quotas, now to be fixed; it being expected, that each will be + willing to contribute, in such proportion as circumstances may render + reasonable. + </p> + <p> + ‘6. As miscarriages often proceed from the want of harmony among officers + of different nations, the parties shall now consider and decide, whether + it will not be better to contribute their quotas in money, to be employed + in fitting out and keeping on duty a single fleet of the force agreed on. + </p> + <p> + ‘7. The difficulties and delays, too, which will attend the management of + these operations, if conducted by the parties themselves separately, + distant as their courts may be from one another, and incapable of meeting + in consultation, suggest a question, whether it will not be better for + them to give full powers, for that purpose, to their Ambassadors, or other + Ministers resident at some one court of Europe, who shall form a + Committee, or Council, for carrying this convention into effect; wherein, + the vote of each member shall be computed in proportion to the quota of + his sovereign, and the majority so computed, shall prevail in all + questions within the view of this convention. The court of Versailles is + proposed, on account of its neighborhood to the Mediterranean, and because + all those powers are represented there, who are likely to become parties + to this convention. + </p> + <p> + ‘8. To save to that Council the embarrassment of personal solicitations + for office, and to assure the parties, that their contributions will be + applied solely to the object for which they are destined, there shall be + no establishment of officers for the said Council, such as Commissioners, + Secretaries, or any other kind, with either salaries or perquisites, nor + any other lucrative appointments, but such whose functions are to be + exercised on board the said vessels. + </p> + <p> + ‘9. Should war arise between any two of the parties to this convention, it + shall not extend to this enterprise, nor interrupt it; but as to this, + they shall be reputed at peace. + </p> + <p> + ‘10. When Algiers shall be reduced to peace, the other piratical States, + if they refuse to discontinue their piracies, shall become the objects of + this convention, either successively or together, as shall seem best. + </p> + <p> + ‘11. Where this convention would interfere with treaties actually existing + between any of the parties and the said States of Barbary, the treaty + shall prevail, and such party shall be allowed to withdraw from the + operations against that state.’ + </p> + <p> + Spain had just concluded a treaty with Algiers, at the expense of three + millions of dollars, and did not like to relinquish the benefit of that, + until the other party should fail in their observance of it. Portugal, + Naples, the Two Sicilies, Venice, Malta, Denmark, and Sweden were + favorably disposed to such an association; but their representatives at + Paris expressed apprehensions that France would interfere, and, either + openly or secretly, support the Barbary powers; and they required, that I + should ascertain the dispositions of the Count de Vergennes on the + subject. I had before taken occasion to inform him of what we were + proposing, and, therefore, did not think it proper to insinuate any doubt + of the fair conduct of his government; but stating our propositions, I + mentioned the apprehensions entertained by us that England would interfere + in behalf of those piratical governments. ‘She dares not do it,’ said he. + I pressed it no further. The other Agents were satisfied with this + indication of his sentiments, and nothing was now wanting to bring it into + direct and formal consideration, but the assent of our government, and + their authority to make the formal proposition. I communicated to them the + favorable prospect of protecting our commerce from the Barbary + depredations, and for such a continuance of time, as, by an exclusion of + them from the sea, to change their habits and characters, from a predatory + to an agricultural people: towards which, however, it was expected they + would contribute a frigate, and its expenses, to be in constant cruise. + But they were in no condition to make any such engagement. Their + recommendatory powers for obtaining contributions, were so openly + neglected by the several states, that they declined an engagement, which + they were conscious they could not fulfil with punctuality; and so it fell + through. + </p> +<pre xml:space="preserve"> + [In the original MS., the paragraph ending with ‘fell + through,’ terminates page 81; between this page and the + next, there is stitched in a leaf of old writing, + constituting a memorandum, whereof note G, in the Appendix, + is a copy.] +</pre> + <p> + In 1786, while at Paris, I became acquainted with John Ledyard, of + Connecticut, a man of genius, of some science, and of fearless courage and + enterprise. He had accompanied Captain Cook in his voyage to the Pacific, + had distinguished himself on several occasions by an unrivalled + intrepidity, and published an account of that voyage, with details + unfavorable to Cook’s deportment towards the savages, and lessening our + regrets at his fate; Ledyard had come to Paris, in the hope of forming a + company to engage in the fur-trade of the Western coast of America. He was + disappointed in this, and being out of business, and of a roaming, + restless character, I suggested to him the enterprise of exploring the + Western part of our continent, by passing through St. Petersburg to + Kamtschatka, and procuring a passage thence in some of the Russian vessels + to Nootka sound, whence he might make his way across the continent to the + United States; and I undertook to have the permission of the Empress of + Russia solicited. He eagerly embraced the proposition, and M. de Semoulin, + the Russian Ambassador, and more particularly Baron Grimm, the special + correspondent of the Empress, solicited her permission for him to pass + through her dominions, to the Western coast of America. And here I must + correct a material error, which I have committed in another place, to the + prejudice of the Empress. In writing some notes of the life of Captain + Lewis, prefixed to his ‘Expedition to the Pacific,’ I stated, that the + Empress gave the permission asked, and afterwards retracted it. This idea, + after a lapse of twenty-six years, had so insinuated itself into my mind, + that I committed it to paper, without the least suspicion of error. Yet I + find, on returning to my letters of that date, that the Empress refused + permission at once, considering the enterprise as entirely chimerical. But + Ledyard would not relinquish it, persuading himself, that, by proceeding + to St. Petersburg, he could satisfy the Empress of its practicability, and + obtain her permission. He went accordingly, but she was absent on a visit + to some distant part of her dominions, and he pursued his course to within + two hundred miles of Kamtschatka, where he was overtaken by an arrest from + the Empress, brought back to Poland, and there dismissed. I must, + therefore, in justice, acquit the Empress of ever having for a moment + countenanced, even by the indulgence of an innocent passage through her + territories, this interesting enterprise. + </p> + <p> + The pecuniary distresses of France produced this year a measure, of which + there had been no example for near two centuries; and the consequences of + which, good and evil, are not yet calculable. For its remote causes, we + must go a little back. + </p> + <p> + Celebrated writers of France and England had already sketched good + principles on the subject of government: yet the American Revolution seems + first to have awakened the thinking part of the French nation in general + from the sleep of despotism in which they were sunk. The officers, too, + who had been to America, were mostly young men, less shackled by habit and + prejudice, and more ready to assent to the suggestions of common sense, + and feeling of common rights, than others. They came back with new ideas + and impressions. The press, notwithstanding its shackles, began to + disseminate them; conversation assumed new freedoms; politics became the + theme of all societies, male and female, and a very extensive and zealous + party was formed, which acquired the appellation of the Patriotic party, + who, sensible of the abusive government under which they lived, sighed for + occasions for reforming it. This party comprehended all the honesty of the + kingdom, sufficiently at leisure to think, the men of letters, the easy + Bourgeois, the young nobility, partly from reflection, partly from mode; + for these sentiments became matter of mode, and, as such, united most of + the young women to the party. Happily for the nation, it happened, at the + same moment, that the dissipations of the queen and court, the abuses of + the pension-list, and dilapidations in the administration of every branch + of the finances, had exhausted the treasures and credit of the nation, + insomuch, that its most necessary functions were paralyzed. To reform + these abuses would have overset the Minister; to impose new taxes by the + authority of the king, was known to be impossible, from the determined + opposition of the Parliament to their enregistry. No resource remained, + then, but to appeal to the nation. He advised, therefore, the call of an + Assembly of the most distinguished characters of the nation, in the hope, + that, by promises of various and valuable improvements in the organization + and regimen of the government, they would be induced to authorize new + taxes, to control the opposition of the Parliament, and to raise the + annual revenue to the level of expenditures. An Assembly of Notables, + therefore, about one hundred and fifty in number, named by the King, + convened on the 22nd of February. The Minister (Calonne) stated to them, + that the annual excess of expenses beyond the revenue, when Louis XVI. + came to the throne, was thirty-seven millions of livres; that four hundred + and forty millions had been borrowed to re-establish the navy; that the + American war had cost them fourteen hundred and forty millions (two + hundred and fifty-six millions of dollars), and that the interest of these + sums, with other increased expenses, had added forty millions more to the + annual deficit. (But a subsequent and more candid estimate made it + fifty-six millions.) He proffered them an universal redress of grievances, + laid open those grievances fully, pointed out sound remedies, and, + covering his canvass with objects of this magnitude, the deficit dwindled + to a little accessory, scarcely attracting attention. The persons chosen, + were the most able and independent characters in the kingdom, and their + support, if it could be obtained, would be enough for him. They improved + the occasion for redressing their grievances, and agreed that the public + wants should be relieved; but went into an examination of the causes of + them. It was supposed that Calonne was conscious that his accounts could + not bear examination; and it was said, and believed, that he asked of the + King, to send four members to the Bastile, of whom the Marquis de la + Fayette was one, to banish twenty others, and two of his Ministers. The + King found it shorter to banish him. His successor went on in full concert + with the Assembly. The result was an augmentation of the revenue, a + promise of economies in its expenditure, of an annual settlement of the + public accounts before a council, which the Comptroller, having been + heretofore obliged to settle only with the King in person, of course never + settled at all; an acknowledgment that the King could not lay a new tax, a + reformation of the Criminal laws, abolition of torture, suppression of <i>corvees</i>, + reformation of the <i>gabelles</i>, removal of the interior custom-houses, + free commerce of grain, internal and external, and the establishment of + Provincial Assemblies; which, altogether, constituted a great mass of + improvement in the condition of the nation. The establishment of the + Provincial Assemblies was, in itself, a fundamental improvement. They + would be, of the choice of the people, one third renewed every year, in + those provinces where there are no states, that is to say, over about + three fourths of the kingdom. They would be partly an Executive + themselves, and partly an Executive Council to the Intendant, to whom the + executive power, in his province, had been heretofore entirely delegated. + Chosen by the people, they would soften the execution of hard laws, and, + having a right of representation to the King, they would censure bad laws, + suggest good ones, expose abuses, and their representations, when united, + would command respect. To the other advantages, might be added the + precedent itself of calling the Assemblée des Notables, which would + perhaps grow into habit. The hope was, that the improvements thus promised + would be carried into effect; that they would be maintained during the + present reign, and that that would be long enough for them to take some + root in the constitution, so that they might come to be considered as a + part of that, and be protected by time, and the attachment of the nation. + </p> + <p> + The Count de Vergennes had died a few days before the meeting of the + Assembly, and the Count de Montmorin had been named Minister of foreign + affairs, in his place. Villedeuil succeeded Calonne, as Comptroller + General, and Lomenie de Brienne, Archbishop of Toulouse, afterwards of + Sens, and ultimately Cardinal Lomenie, was named Minister principal, with + whom the other Ministers were to transact the business of their + departments, heretofore done with the King in person; and the Duke de + Nivernois, and M. de Malesherbes, were called to the Council. On the + nomination of the Minister principal, the Marshals de Segur and de + Castries retired from the departments of War and Marine, unwilling to act + subordinately, or to share the blame of proceedings taken out of their + direction. They were succeeded by the Count de Brienne, brother of the + Prime Minister, and the Marquis de la Luzerne, brother to him who had been + Minister in the United States. + </p> + <p> + A dislocated wrist, unsuccessfully set, occasioned advice from my surgeon, + to try the mineral waters of Aix, in Provence, as a corroborant. I left + Paris for that place therefore, on the 28th of February, and proceeded up + the Seine, through Champagne and Burgundy, and down the Rhone through the + Beaujolais by Lyons, Avignon, Nismes, to Aix; where, finding on trial no + benefit from the waters, I concluded to visit the rice country of + Piedmont, to see if any thing might be learned there, to benefit the + rivalship of our Carolina rice with that, and thence to make a tour of the + seaport towns of France, along its Southern and Western coast, to inform + myself, if any thing could be done to favor our commerce with them. From + Aix, therefore, I took my route by Marseilles, Toulon, Hieres, Nice, + across the Col de Tende, by Coni, Turin, Vercelli, Novara, Milan, Pavia, + Novi, Genoa. Thence, returning along the coast by Savona. Noli, Albenga, + Oneglia, Monaco, Nice, Antibes, Frejus, Aix, Marseilles, Avignon, Nismes, + Montpellier, Frontignan, Sette, Agde, and along the canal of Languedoc, by + Beziers, Narbonne, Carcassonne, Castelnaudari, through the Souterrain of + St. Feriol, and back by Castelnaudari, to Toulouse; thence to Montauban, + and down the Garonne by Langon to Bordeaux. Thence to Rochefort, la + Rochelle, Nantes, L’Orient; then back by Rennes to Nantes, and up the + Loire by Angers, Tours, Amboise, Blois, to Orleans, thence direct to + Paris, where I arrived on the 10th of June. Soon after my return from this + journey, to wit, about the latter part of July, I received my younger + daughter, Maria, from Virginia, by the way of London, the youngest having + died some time before. + </p> + <p> + The treasonable perfidy of the Prince of Orange, Stadtholder and Captain + General of the United Netherlands, in the war which England waged against + them, for entering into a treaty of commerce with the United States, is + known to all. As their Executive officer, charged with the conduct of the + war, he contrived to baffle all the measures of the States General, to + dislocate all their military plans, and played false into the hands of + England against his own country, on every possible occasion, confident in + her protection, and in that of the King of Prussia, brother to his + Princess. The States General, indignant at this patricidal conduct, + applied to France for aid, according to the stipulations of the treaty, + concluded with her in ‘85. It was assured to them readily, and in cordial + terms, in a letter from the Count de Vergennes, to the Marquis de Verac, + Ambassador of France at the Hague, of which the following is an extract. + </p> + + <p> +‘<i>Extrait de la dépêche de Monsieur le Comte de Vergennes à Monsieur le +Marquis de Verac, Ambassadeurde France à la Haye, du ler Mars, 1786.</i> +</p> +<p> +<i>‘Le Roi concourrera, autant qu’il sera en son pouvoir, au succès de la +chose, et vous inviterez, de sa part, les Patriotes de lui communiquer +leurs vues, leurs plans, et leurs envies. Vous les assurerez, que le +roi prend un interêt véritable à leurs personnes cornme à leur cause, et +qu’ils peuvent compter sur sa protection. Us doivent y compter d’autant +plus, Monsieur, que nous ne dissimulons pas, que si Monsieur le +Stadtholder reprend son ancienne influence, le système Anglois ne +tardera pas de prévaloir, et que notre alliance deviendroit un être de +raison. Les Patriotes sentiront facilement, que cette position seroit +incompatible avec la dignité, comme avec la considération de sa Majesté. +Mais dans le cas, Monsieur, ou les chefs des Patriotes auroient à +craindre une scission, ils auroient le temps suffisant peur ramener ceux +de leurs amis, que les Anglomanes ont égarés, et préparer les choses, +de maniere que la question de nouveau mise en délibération, soit decidée +selon leurs desirs. Dans cette hypothèse, le roi vous autorise à agir +de concert avec eux, de suivre la direction qu’ils jugeront devoir +vous donner, et d’employer tous les moyens pour augmenter le nombre des +partisans de la bonne cause. Il me reste, Monsieur, de vous parler de la +sureté personelle des Patriotes. Vous les assurerez, que dans tout état +de cause, le roi les prend sous sa protection immédiate, et vous +ferez connoître, partout où vous le jugerez nécessaire, que sa Majesté +regarderoit comme une offense personelle, tout ce qu’on entreprenderoit +contre leur liberté. Il est á presumer que ce langage, tenu avec +énergie, en imposera á l’audace des Anglomanes, et que Monsieur +le Prince de Nassau croira courir quelque risque en provoquant le +ressentiment de sa Majesté.’</i> * +</p> +<pre xml:space="preserve"> + [*Extract from the despatch of the Count de Vergennes, to + the Marquis de Verac, Ambassador from France, at the Hague, + dated March 1, 1788. + + ‘The King will give his aid, as far as may be in his power, + towards the success of the affair, and you will, on his + part, invite the Patriots to communicate to him their views, + their plans, and their discontents. You may assure them, + that the King takes a real interest in themselves, as well + as their cause, and that they may rely upon his protection. + On this they may place the greater dependence, as we do not + conceal, that if the Stadtholder resumes his former + influence, the English system will soon prevail, and our + alliance become a mere affair of the imagination. The + Patriots will readily feel, that this position would be + incompatible both with the dignity and consideration of his + Majesty. But in case the chief of the Patriots should have + to fear a division, they would have time sufficient to + reclaim those whom the Anglomaniacs had misled, and to + prepare matters in such a manner, that the question when + again agitated, might be decided according to their wishes. + In such a hypothetical case, the King authorizes you to act + in concert with them, to pursue the direction which they may + think proper to give you, and to employ every means to + augment the number of the partisans of the good cause. It + remains for me to speak of the personal security of the + Patriots. You may assure them, that under every + circumstance, the King will take them under his immediate + protection, and you will make known wherever you may judge + necessary, that his Majesty will regard, as a personal + offence, every undertaking against their libeity. It is to + be presumed that this language, energetically maintained, + may have some effect on the audacity of the Anglomaniacs, + and that the Prince de Nassau will feel that he runs some + risk in provoking the resentment of his Majesty.‘] +</pre> + <p> + This letter was communicated by the Patriots to me, when at Amsterdam, in + 1788, and a copy sent by me to Mr. Jay, in my letter to him of March 16, + 1788. + </p> + <p> + The object of the Patriots was, to establish a representative and + republican government. The majority of the States General were with them, + but the majority of the populace of the towns was with the Prince of + Orange; and that populace was played off with great effect by the + triumvirate of * * * Harris, the English Ambassador, afterwards Lord + Malmesbury, the Prince of Orange, a stupid man, and the Princess, as much + a man as either of her colleagues, in audaciousness, in enterprise, and in + the thirst of domination. By these, the mobs of the Hague were excited + against the members of the States General; their persons were insulted, + and endangered in the streets; the sanctuary of their houses was violated; + and the Prince, whose function and duty it was to repress and punish these + violations of order, took no steps for that purpose. The States General, + for their own protection, were therefore obliged to place their militia + under the command of a Committee. The Prince filled the courts of London + and Berlin with complaints at this usurpation of his prerogatives, and, + forgetting that he was but the first servant of a Republic, marched his + regular troops against the city of Utrecht, where the States were in + session. They were repulsed by the militia. His interests now became + marshaled with those of the public enemy, and against his own country. The + States, therefore, exercising their rights of sovereignty, deprived him of + all his powers. The great Frederic had died in August, ‘86. He had never + intended to break with France in support of the Prince of Orange. During + the illness of which he died, he had, through the Duke of Brunswick, + declared to the Marquis de la Fayette, who was then at Berlin, that he + meant not to support the English interest in Holland: that he might assure + the government of France, his only wish was, that some honorable place in + the Constitution should be reserved for the Stadtholder and his children, + and that he would take no part in the quarrel, unless an entire abolition + of the Stadtholderate should be attempted. But his place was now occupied + by Frederic William, his great nephew, a man of little understanding, much + caprice, and very inconsiderate: and the Princess, his sister, although + her husband was in arms against the legitimate authorities of the country, + attempting to go to Amsterdam, for the purpose of exciting the mobs of + that place, and being refused permission to pass a military post on the + way, he put the Duke of Brunswick at the head of twenty thousand men, and + made demonstrations of marching on Holland. The King of France hereupon + declared, by his Chargé des Affaires in Holland, that if the Prussian + troops continued to menace Holland with an invasion, his Majesty, in + quality of Ally, was determined to succor that province. In answer to + this, Eden gave official information to Count Montmorin, that England must + consider as at an end, its convention with France relative to giving + notice of its naval armaments, and that she was arming generally. War + being now imminent, Eden, since Lord Aukland, questioned me on the effect + of our treaty with France, in the case of a war, and what might be our + dispositions. I told him frankly, and without hesitation, that our + dispositions would be neutral, and that I thought it would be the interest + of both these powers that we should be so; because, it would relieve both + from all anxiety as to feeding their West India islands; that, England, + too, by suffering us to remain so, would avoid a heavy land war on our + Continent, which might very much cripple her proceedings elsewhere; that + our treaty, indeed, obliged us to receive into our ports the armed vessels + of France, with their prizes, and to refuse admission to the prizes made + on her by her enemies: that there was a clause, also, by which we + guaranteed to France her American possessions, which might perhaps force + us into the war, if these were attacked. ‘Then it will be war,’ said he, + ‘for they will assuredly be attacked.’ Liston, at Madrid, about the same + time, made the same enquiries of Carmichael. The government of France then + declared a determination to form a camp of observation at Givet, commenced + arming her marine, and named the Bailli de Suffrein their Generalissimo on + the Ocean. She secretly engaged, also, in negotiations with Russia, + Austria, and Spain, to form a quadruple alliance. The Duke of Brunswick + having advanced to the confines of Holland, sent some of his officers to + Givet, to reconnoitre the state of things there, and report them to him. + He said afterwards, that ‘if there, had been only a few tents at that + place, he should not have advanced further, for that the king would not, + merely for the interest of his sister, engage in a war with France.’ But, + finding that there was not a single company there, he boldly entered the + country, took their towns as fast as he presented himself before them, and + advanced on Utrecht. The States had appointed the Rhingrave of Salm their + Commander in chief; a Prince without talents, without courage, and without + principle. He might have held out in Utrecht, for a considerable time, but + he surrendered the place without firing a gun, literally ran away and hid + himself, so that for months it was not known what was become of him. + Amsterdam was then attacked, and capitulated. In the mean time, the + negotiations for the quadruple alliance were proceeding favorably; but the + secrecy with which they were attempted to be conducted, was penetrated by + Fraser, Chargé des Affaires of England at St. Petersburg, who instantly + notified his court, and gave the alarm to Prussia. The King saw at once + what would be his situation, between the jaws of France, Austria, and + Russia. In great dismay, he besought the court of London not to abandon + him, sent Alvensleben to Paris to explain and soothe; and England, through + the Duke of Dorset and Eden, renewed her conferences for accommodation. + The Archbishop, who shuddered at the idea of war, and preferred a peaceful + surrender of right, to an armed vindication of it, received them with open + arms, entered into cordial conferences, and a declaration, and + counter-declaration, were cooked up at Versailles, and sent to London for + approbation. They were approved there, reached Paris at one o’clock of the + 27th, and were signed that night at Versailles. It was said and believed + at Paris, that M. de Montrnorin, literally ‘pleuroit cotnrae un enfant,’ + when obliged to sign this counter-declaration; so distressed was he by the + dishonor of sacrificing the Patriots, after assurances so solemn of + protection, and absolute encouragement to proceed. The Prince of Orange + was reinstated in all his powers, now become regal. A great emigration of + the Patriots took place; all were deprived of office, many exiled, and + their property confiscated. They were received in France, and subsisted, + for some time, on her bounty. Thus fell Holland, by the treachery of her + Chief, from her honorable independence, to become a province of England; + and so, also, her Stadtholder, from the high station of the first citizen + of a free Republic, to be the servile Viceroy of a foreign Sovereign. And + this was effected by a mere scene of bullying and demonstration; not one + of the parties, France, England, or Prussia, having ever really meant to + encounter actual war for the interest of the Prince of Orange. But it had + all the effect of a real and decisive war. + </p> + <p> + Our first essay, in America, to establish a federative government had + fallen, on trial, very short of its object. During the war of + Independence, while the pressure of an external enemy hooped us together, + and their enterprises kept us necessarily on the alert, the spirit of the + people, excited by danger, was a supplement to the Confederation, and + urged them to zealous exertions, whether claimed by that instrument or + not; but, when peace and safety were restored, and every man became + engaged in useful and profitable occupation, less attention was paid to + the calls of Congress. The fundamental defect of the Confederation was, + that Congress was not authorized to act immediately on the people, and by + its own officers. Their power was only requisitory, and these requisitions + were addressed to the several Legislatures, to be by them carried into + execution, without other coercion than the moral principle of duty. This + allowed, in fact, a negative to every legislature, on every measure + proposed by Congress; a negative so frequently exercised in practice, as + to benumb the action of the Federal government, and to render it + inefficient in its general objects, and more especially in pecuniary and + foreign concerns. The want, too, of a separation of the Legislative, + Executive, and Judiciary functions, worked disadvantageously in practice. + Yet this state of things afforded a happy augury of the future march of + our Confederacy, when it was seen that the good sense and good + dispositions of the people, as soon as they perceived the incompetence of + their first compact, instead of leaving its correction to insurrection and + civil war, agreed, with one voice, to elect deputies to a general + Convention, who should peaceably meet and agree on such a Constitution as + ‘would ensure peace, justice, liberty, the common defence, and general + welfare.’ + </p> + <p> + This Convention met at Philadelphia on the 25th of May, ‘87. It sat with + closed doors, and kept all its proceedings secret, until its dissolution + on the 17th of September, when the results of its labors were published + all together. I received a copy, early in November, and read and + contemplated its provisions with great satisfaction. As not a member of + the Convention, however, nor probably a single citizen of the Union, had + approved it in all its parts, so I, too, found articles which I thought + objectionable. The absence of express declarations ensuring freedom of + religion, freedom of the press, freedom of the person under the + uninterrupted protection of the <i>habeas corpus</i> and trial by jury in + civil, as well as in criminal cases, excited my jealousy; and the + re-eligibility of the President for life, I quite disapproved. I expressed + freely, in letters to my friends, and most particularly to Mr. Madison and + General Washington, my approbations and objections. How the good should be + secured, and the ill brought to rights, was the difficulty. To refer it + back to a new Convention, might endanger the loss of the whole. My first + idea was, that the nine states first acting, should accept it + unconditionally, and thus secure what in it was good, and that the four + last should accept on the previous condition, that certain amendments + should be agreed to; but a better course was devised, of accepting the + whole, and trusting that the good sense and honest intentions of our + citizens would make the alterations which should be deemed necessary. + Accordingly, all accepted, six without objection, and seven with + recommendations of specified amendments. Those respecting the press, + religion, and juries, with several others, of great value, were + accordingly made; but the <i>habeas corpus</i> was left to the discretion + of Congress, and the amendment against the re-eligibility of the President + was not proposed. My fears of that feature were founded on the importance + of the office, on the fierce contentions it might excite among ourselves, + if continuable for life, and the dangers of interference, either with + money or arms, by foreign nations, to whom the choice of an American + President might become interesting. Examples of this abounded in history; + in the case of the Roman Emperors, for instance; of the Popes, while of + any significance; of the German Emperors; the Kings of Poland, and the + Deys of Barbary. I had observed, too, in the feudal history, and in the + recent instance, particularly, of the Stadtholder of Holland, how easily + offices, or tenures for life, slide into inheritances. My wish, therefore, + was that the President should be elected for seven years, and be + ineligible afterwards. This term I thought sufficient to enable him, with + the concurrence of the Legislature, to carry though and establish any + system of improvement he should propose for the general good. But the + practice adopted, I think, is better, allowing his continuance for eight + years, with a liability to be dropped at half way of the term, making that + a period of probation. That his continuance should be restrained to seven + years, was the opinion of the Convention at an earlier stage of its + session, when it voted that term, by a majority of eight against two, and + by a simple majority, that he should be ineligible a second time. This + opinion was confirmed by the House so late as July 26, referred to the + Committee of detail, reported favorably by them, and changed to the + present form by final vote, on the last day, but one only, of their + session. Of this change, three states expressed their disapprobation; New + York, by recommending an amendment, that the President should not be + eligible a third time, and Virginia and North Carolina, that he should not + be capable of serving more than eight, in any term of sixteen years; and + although this amendment has not been made in form, yet practice seems to + have established it. The example of four Presidents, voluntarily retiring + at the end of their eighth year, and the progress of public opinion, that + the principle is salutary, have given it in practice the force of + precedent and usage; insomuch, that should a President consent to be a + candidate for a third election, I trust he would be rejected, on this + demonstration of ambitious views. + </p> + <p> + But there was another amendment, of which none of us thought at the time, + and in the omission of which, lurks the germ that is to destroy this happy + combination of National powers, in the general government, for matters of + National concern, and independent powers in the States, for what concerns + the States severally. In England, it was a great point gained at the + Revolution, that the commissions of the Judges, which had hitherto been + during pleasure, should thenceforth be made during good behavior. A + Judiciary, dependant on the will of the King, had proved itself the most + oppressive of all tools in the hands of that magistrate. Nothing, then, + could be more salutary, than a change there, to the tenure of good + behavior; and the question of good behavior, left to the vote of a simple + majority in the two Houses of Parliament. Before the Revolution, we were + all good English Whigs, cordial in their free principles, and in their + jealousies of their Executive magistrate. These jealousies are very + apparent, in all our state Constitutions; and, in the General government + in this instance, we have gone even beyond the English caution, by + requiring a vote of two thirds, in one of the Houses, for removing a + Judge; a vote so impossible, where * any defence is made, before men of + ordinary prejudices and passions, that our Judges are effectually + independent of the nation. But this ought not to be. I would not, indeed, + make them dependant on the Executive authority, as they formerly were in + England; but I deem it indispensable to the continuance of this + government, that they should be submitted to some practical and impartial + control; and that this, to be impartial, must be compounded of a mixture + of State and Federal authorities. It is not enough, that honest men are + appointed Judges. All know the influence of interest on the mind of man, + and how unconsciously his judgment is warped by that influence. To this + bias add that of the <i>esprit de corps</i>, of their peculiar maxim and + creed, that ‘it is the office of a good Judge to enlarge his + jurisdiction,’ and the absence of responsibility; and how can we expect + impartial decision between the General government, of which they are + themselves so eminent a part, and an individual state, from which they + have nothing to hope or fear? We have seen, too, that, contrary to all + correct example, they are in the habit of going out of the question before + them, to throw an anchor ahead, and grapple further hold for future + advances of power. They are then, in fact, the corps of sappers and + miners, steadily working to undermine the independent rights of the + states, and to consolidate all power in the hands of that government, in + which they have so important a freehold estate. But it is not by the + consolidation, or concentration of powers, but by their distribution, that + good government is effected. Were not this great country already divided + into states, that division must be made, that each might do for itself + what concerns itself directly, and what it can so much better do than a + distant authority. Every state again is divided into counties, each to + take care of what lies within its local bounds; each county again into + townships or wards, to manage minuter details; and every ward into farms, + to be governed each by its individual proprietor. Were we directed from + Washington when to sow, and when to reap, we should soon want bread. It is + by this partition of cares, descending in gradation from general to + particular, that the mass of human affairs may be best managed, for the + good and prosperity of all. I repeat, that I do not charge the judges with + wilful and ill-intentioned error; but honest error must be arrested, where + its toleration leads to public ruin. As, for the safety of society, we + commit honest maniacs to Bedlam, so judges should be withdrawn from their + bench, whose erroneous biases are leading us to dissolution. It may, + indeed, injure them in fame or in fortune; but it saves the Republic, + which is the first and supreme law. + </p> +<pre xml:space="preserve"> + * In the impeachment of Judge Pickering, of New Hampshire, a + habitual and maniac drunkard, no defence was made. Had there + been, the party vote of more than one third of the Senate + would have acquitted him. +</pre> + <p> + Among the debilities of the government of the Confederation, no one was + more distinguished or more distressing, than the utter impossibility of + obtaining, from the States, the monies necessary for the payment of debts, + or even for the ordinary expenses of the government. Some contributed a + little, some less, and some nothing; and the last, furnished at length an + excuse for the first, to do nothing also. Mr. Adams, while residing at the + Hague, had a general authority to borrow what sums might be requisite, for + ordinary and necessary expenses. Interest on the public debt, and the + maintenance of the diplomatic establishment in Europe, had been habitually + provided in this way. He was now elected Vice-President of the United + States, was soon to return to America, and had referred our bankers to me + for future counsel, on our affairs in their hands. But I had no powers, no + instructions, no means, and no familiarity with the subject. It had always + been exclusively under his management, except as to occasional and partial + deposites in the hands of Mr. Grand, banker in Paris, for special and + local purposes. These last had been exhausted for some time, and I had + fervently pressed the Treasury board to replenish this particular + deposite, as Mr. Grand now refused to make further advances. They answered + candidly, that no funds could be obtained until the new government should + get into action, and have time to make its arrangements. Mr. Adams had + received his appointment to the court of London, while engaged at Paris, + with Dr. Franklin and myself, in the negotiations under our joint + commissions. He had repaired thence to London, without returning to the + Hague, to take leave of that government. He thought it necessary, however, + to do so now, before he should leave Europe, and accordingly went there. I + learned his departure from London, by a letter from Mrs. Adams, received + on the very day on which he would arrive at the Hague. A consultation with + him, and some provision for the future, was indispensable, while we could + yet avail ourselves of his powers; for when they would be gone, we should + be without resource. I was daily dunned by a Company who had formerly made + a small loan to the United States, the principal of which was now become + due; and our bankers in Amsterdam had notified me, that the interest on + our general debt would be expected in June; that if we failed to pay it, + it would be deemed an act of bankruptcy, and would effectually destroy the + credit of the Upited States, and all future prospects of obtaining money + there; that the loan they had been authorized to open, of which a third + only was filled, had now ceased to get forward, and rendered desperate + that hope of resource. I saw that there was not a moment to lose, and set + out for the Hague on the 2nd morning after receiving the information of + Mr. Adams’s journey. I went the direct road by Louvres, Senlis, Roye, Pont + St. Maxence, Bois le Due, Gournay, Peronne, Cambray, Bouchain, + Valenciennes, Mons, Bruxelles, Malines, Antwerp, Mordick, and Rotterdam, + to the Hague, where I happily found Mr. Adams. He concurred with me at + once in opinion, that something must be done, and that we ought to risk + ourselves on doing it without instructions, to save the credit of the + United States. We foresaw, that before the new government could be + adopted, assembled, establish its financial system, get the money into the + Treasury, and place it in Europe, considerable time would elapse; that, + therefore, we had better provide at once for the years ‘88, ‘89, and ‘90, + in order to place our government at its ease, and our credit in security, + during that trying interval. We set out, therefore, by the way of Leyden, + for Amsterdam, where we arrived on the 10th, I had prepared an estimate, + showing, that + </p> + <p> + <a name="linkimage-0015" id="linkimage-0015"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page068.jpg" + alt="Financial Projection, American Embassy Paris, Page068 " width="100%" /><br /> + </div> + <p> + Florins. + </p> + <p> + There would be necessary for the year ‘88—531,937-10 ‘89—538,540 + ‘90—473,540 —————————— + Total, 1,544,017-10 + </p> + <p> + Florins. + </p> + <p> + To meet this, the bankers had in hand, 79,268-2-8 and the unsold bonds + would yield, 542,800 + </p> + <p> + 622,068-2-8 + </p> + <p> + Leaving a deficit of 921,949-7-4 + </p> + <p> + We proposed then to borrow a million, yielding 920,000 + </p> + <p> + Which would leave a small deficiency of 1,949-7-4 + </p> + <p> + Mr. Adams accordingly executed 1000 bonds, for 1000 florins each, and + deposited them in the hands of our bankers, with instructions, however, + not to issue them until Congress should ratify the measure. This done, he + returned to London, and I set out for Paris; and, as nothing urgent + forbade it, I determined to return along the banks of the Rhine, to + Strasburg, and thence strike off to Paris. I accordingly left Amsterdam on + the 30th of March, and proceeded by Utrecht, Nimegnen, Cleves, Duysberg, + Dusseldorf, Cologne, Bonne, Coblentz, Nassau, Hocheim, Frankfort, and made + an excursion to Hanau, then to Mayence, and another excursion to + Rudesheim, and Johansberg; then by Oppenheim, Worms, and Manheim, making + an excursion to Heidelberg, then by Spire, Carlsruhe, Rastadt, and Kelh, + to Sfrasburg, where I arrived April the 16th, and proceeded again on the + 18th, by Phalsbourg, Fenestrange, Dieuze, Moyenvie, Nancy, Toul, Ligny, + Barleduc, St. Diziers, Vitry, Chalons sur Marne, Epernay, Chateau Thierri, + Meaux, to Paris, where I arrived on the 23d of April: and I had the + satisfaction to reflect, that by this journey, our credit was secured, the + new government was placed at ease for two years to come, and that, as well + as myself, relieved from the torment of incessant duns, whose just + complaints could not be silenced by any means within our power. + </p> + <p> + A Consular Convention had been agreed on in ‘84, between Dr. Franklin and + the French government, containing several articles, so entirely + inconsistent with the laws of the several states, and the general spirit + of our citizens, that Congress withheld their ratification, and sent it + back to me, with instructions to get those articles expunged, or modified, + so as to render them compatible with our laws. The Minister unwillingly + released us from these concessions, which, indeed, authorized the exercise + of powers very offensive in a free state. After much discussion, the + Convention was reformed in a considerable degree, and was signed by the + Count Montmorin and myself, on the 14th of November, ‘88; not indeed, such + as I would have wished; but such as could be obtained with good humor and + friendship. + </p> + <p> + On my return from Holland, I found Paris as I had left it, still in high + fermentation. Had the Archbishop, on the close of the Assembly of + Notables, immediately carried into operation the measures contemplated, it + was believed they would all have been registered by the Parliament; but he + was slow, presented his edicts, one after another, and at considerable + intervals, which gave time for the feelings excited by the proceedings of + the Notables to cool off, new claims to be advanced, and a pressure to + arise for a fixed constitution, not subject to changes at the will of the + King. Nor should we wonder at this pressure, when we consider the + monstrous abuses of power under which this people were ground to powder; + when we pass in review the weight of their taxes, and the inequality of + their distribution; the oppressions of the tythes, the failles, the + corvees, the gabelles, the farms and the barriers; the shackles on + commerce by monopolies; on industry by guilds and corporations; on the + freedom of conscience, of thought, and of speech; on the freedom of the + press by the censure; and of the person by lettres de cachet; the cruelty + of the criminal code generally; the atrocities of the rack; the venality + of Judges, and their partialities to the rich; the monopoly of military + honors by the noblesse; the enormous expenses of the Queen, the Princes, + and the Court; the prodigalities of pensions; and the riches, luxury, + indolence, and immorality of the Clergy. Surely under such a mass of + misrule and oppression, a people might justly press for thorough + reformation, and might even dismount their roughshod riders, and leave + them to walk, on their own legs. The edicts, relative to the corvees and + free circulation of grain, were first presented to the Parliament and + registered; but those for the impot territorial, and stamp tax, offered + some time after, were refused by the Parliament, which proposed a call of + the States General, as alone competent to their authorization. Their + refusal produced a bed of justice, and their exile to Troyes. The + Advocates, however, refusing to attend them, a suspension in the + administration of justice took place. The Parliament held out for awhile, + but the ennui of their exile and absence from Paris, began at length to be + felt, and some dispositions for compromise to appear. On their consent, + therefore, to prolong some of the former taxes, they were recalled from + exile. The King met them in session, November 19, ‘87, promised to call + the States General in the year ‘92, and a majority expressed their assent + to register an edict for successive and annual loans from 1788 to ‘92; but + a protest being entered by the Duke of Orleans, and this encouraging + others in a disposition to retract, the King ordered peremptorily the + registry of the edict, and left the assembly abruptly. The Parliament + immediately protested, that the votes for the enregistry had not been + legally taken, and that they gave no sanction to the loans proposed. This + was enough to discredit and defeat them. Hereupon issued another edict, + for the establishment of a <i>cour plenière</i> and the suspension of all + the Parliaments in the kingdom. This being opposed, as might be expected, + by reclamations from all the Parliaments and Provinces, the King gave way, + and by an edict of July 5th, ‘88, renounced his <i>cour plenière</i>, and + promised the States General for the first of May, of the ensuing year: and + the Archbishop, finding the times beyond his faculties, accepted the + promise of a Cardinal’s hat, was removed (September ‘88) from the + Ministry, and Mr. Necker was called to the department of finance. The + innocent rejoicings of the people of Paris on this change, provoked the + interference of an officer of the city guards, whose order for their + dispersion not being obeyed, he charged them with fixed bayonets, killed + two or three, and wounded many. This dispersed them for the moment, but + they collected the next day in great numbers, burnt ten or twelve + guardhouses, killed two or three of the guards, and lost six or eight more + of their own number. The city was hereupon put under martial law, and + after a while the tumult subsided. The effect of this change of ministers, + and the promise of the States General at an early day tranquillized the + nation. But two great questions now occurred. 1st. What proportion shall + the number of deputies of the <i>Tiers Etat</i> bear to those of the + Nobles and Clergy? And, 2nd. Shall they sit in the same or in distinct + apartments? Mr. Necker, desirous of avoiding himself these knotty + questions, proposed a second call of the same Notables, and that their + advice should be asked on the subject. They met, November 9, ‘88, and, by + five bureaux against one, they recommended the forms of the States General + of 1614; wherein the Houses were separate, and voted by orders, not by + persons. But the whole nation declaring at once against this, and that the + <i>Tiers Etat</i> should be, in numbers, equal to both the other orders, + and the Parliament deciding for the same proportion, it was determined so + to be, by a declaration of December 27th, ‘88. A Report of Mr. Necker, to + the King, of about the same date, contained other very important + concessions. 1. That the King could neither lay a new tax, nor prolong an + old one. 2. It expressed a readiness to agree on the periodical meeting of + the States. 3. To consult on the necessary restriction on <i>lettres de + cachet</i>; and 4. How far the press might be made free. 5. It admits that + the States are to appropriate the public money; and 6. That Ministers + shall be responsible for public expenditures. And these concessions came + from the very heart of the King. He had not a wish but for the good of the + nation; and for that object, no personal sacrifice would ever have cost + him a moment’s regret; but his mind was weakness itself, his constitution + timid, his judgment null, and without sufficient firmness even to stand by + the faith of his word. His Queen, too, haughty and bearing no + contradiction, had an absolute ascendancy over him; and around her were + rallied the King’s brother D’Artois, the court generally, and the + aristocratic part of his Ministers, particularly Breteuil, Broglio, + Vauguyon, Foulon, Luzerne, men whose principles of government were those + of the age of Louis XIV. Against this host, the good counsels of Necker, + Montmorin, St. Priest, although in unison with the wishes of the King + himself, were of little avail. The resolutions of the morning, formed + under their advice, would be reversed in the evening, by the influence of + the Queen and court. But the hand of Heaven weighed heavily indeed on the + machinations of this junto; producing collateral incidents, not arising + out of the case, yet powerfully co-exciting the nation to force a + regeneration of its government, and overwhelming, with accumulated + difficulties, this liberticide resistance. For, while laboring under the + want of money for even ordinary purposes, in a government which required a + million of livres a day, and driven to the last ditch by the universal + call for liberty, there came on a winter of such severe cold, as was + without example in the memory of man, or in the written records of + history. The Mercury was at times 50° below the freezing point of + Farenheit, and 22° below that of Reaumur. All out-door labor was + suspended, and the poor, without the wages of labor, were, of course, + without either bread or fuel. The government found its necessities + aggravated by that of procuring immense quantities of firewood, and of + keeping great fires at all the cross streets, around which the people + gathered in crowds, to avoid perishing with cold. Bread, too, was to be + bought, and distributed daily, <i>gratis</i>, until a relaxation of the + season should enable the people to work: and the slender stock of + bread-stuff had for some time threatened famine, and had raised that + article to an enormous price. So great, indeed, was the scarcity of bread, + that, from the highest to the lowest citizen, the bakers were permitted to + deal but a scanty allowance per head, even to those who paid for it; and, + in cards of invitation to dine in the richest houses, the guest was + notified to bring his own bread. To eke out the existence of the people, + every person who had the means, was called on for a weekly subscription, + which the Cures collected, and employed in providing messes for the + nourishment of the poor, and vied with each other in devising such + economical compositions of food, as would subsist the greatest number with + the smallest means. This want of bread had been foreseen for some time + past, and M. de Montmorin had desired me to notify it in America, and + that, in addition to the market price, a premium should be given on what + should be brought from the United States. Notice was accordingly given, + and produced considerable supplies. Subsequent information made the + importations from America, during the months of March, April, and May, + into the Atlantic ports of France, amount to about twenty-one thousand + barrels of flour, besides what went to other ports, and in other months; + while our supplies to their West Indian islands relieved them also from + that drain. This distress for bread continued till July. + </p> + <p> + Hitherto no acts of popular violence had been produced by the struggle for + political reformation. Little riots, on ordinary incidents, had taken + place at other times, in different parts of the kingdom, in which some + lives, perhaps a dozen or twenty, had been lost; but in the month of + April, a more serious one occurred in Paris, unconnected, indeed, with the + Revolutionary principle, but making part of the history of the day. The + Fauxbourg St. Antoine, is a quarter of the city inhabited entirely by the + class of day-laborers and journeymen in every line. A rumor was spread + among them, that a great paper-manufacturer, of the name of Reveillon, had + proposed, on some occasion, that their wages should be lowered to fifteen + sous a day. Inflamed at once into rage, and without inquiring into its + truth, they flew to his house in vast numbers, destroyed every thing in + it, and in his magazines and work-shops, without secreting, however, a + pin’s worth to themselves, and were continuing this work of devastation, + when the regular troops were called in. Admonitions being disregarded, + they were of necessity fired on, and a regular action ensued, in which + about one hundred of them were killed, before the rest would disperse. + There had rarely passed a year without such a riot, in some part or other + of the kingdom; and this is distinguished only as cotemporary with the + Revolution, although not produced by it. + </p> + <p> + The States General were opened on the 5th of May, ‘89, by speeches from + the King, the Garde des Sceaux, Lamoignon, and Mr. Necker. The last was + thought to trip too lightly over the constitutional reformations which + were expected. His notices of them in this speech, were not as full as in + his previous <i>Rapport au Roi</i>. This was observed, to his + disadvantage: but much allowance should have been made for the situation + in which he was placed, between his own counsels and those of the + ministers and party of the court. Overruled in his own opinions, compelled + to deliver, and to gloss over those of his opponents, and even to keep + their secrets, he could not come forward in his own attitude. + </p> + <p> + The composition of the Assembly, although equivalent, on the whole, to + what had been expected, was something different in its elements. It had + been supposed, that a superior education would carry into the scale of the + Commons, a respectable portion of the Noblesse. It did so as to those of + Paris, of its vicinity, and of the other considerable cities, whose + greater intercourse with enlightened society had liberalized their minds, + and prepared them to advance up to the measure of the times. But the + Noblesse of the country, which constituted two thirds of that body, were + far in their rear. Residing constantly on their patrimonial feuds, and + familiarized, by daily habit, with Seigneurial powers and practices, they + had not yet learned to suspect their inconsistence with reason and right. + They were willing to submit to equality of taxation, but not to descend + from their rank and prerogatives to be incorporated in session with the <i>Tiers + Etat</i>. Among the Clergy, on the other hand, it had been apprehended + that the higher orders of the Hierarchy, by their wealth and connections, + would have carried the elections generally; but it turned out, that in + most cases, the lower clergy had obtained the popular majorities. These + consisted of the Cureés sons of the peasantry, who had been employed to do + all the drudgery of parochial services for ten, twenty, or thirty louis a + year; while their superiors were consuming their princely revenues in + palaces of luxury and indolence. The objects for which this body was + convened, being of the first order of importance, I felt it very + interesting to understand the views of the parties of which it was + composed, and especially the ideas prevalent, as to the organization + contemplated for their government. I went, therefore, daily from Paris to + Versailles, and attended their debates, generally till the hour of + adjournment. Those of the Noblesse were impassioned and tempestuous. They + had some able men on both sides, actuated by equal zeal. The debates of + the Commons were temperate, rational, and inflexibly firm. As preliminary + to all other business, the awful questions came on: Shall the States sit + in one, or in distinct apartments? And shall they vote by heads or houses? + The opposition was soon found to consist of the Episcopal order among the + clergy, and two thirds of the <i>Noblesse</i>; while the <i>Tiers Etat</i> + were, to a man, united and determined. After various propositions of + compromise had failed, the Commons undertook to cut the Gordian knot. The + Abbe Sieyes, the most logical head of the nation, (author of the pamphlet + ‘<i>Qu’est ce que le Tiers Etat?</i>’ which had electrified that country, + as Paine’s ‘Common Sense’ did us,) after an impressive speech on the 10th + of June, moved that a last invitation should be sent to the Nobles and + Clergy, to attend in the hall of the States, collectively or individually, + for the verification of powers, to which the Commons would proceed + immediately, either in their presence or absence. This verification being + finished, a motion was made, on the 15th, that they should constitute + themselves a National Assembly; which was decided on the 17th, by a + majority of four fifths. During the debates on this question, about twenty + of the Curés had joined them, and a proposition was made, in the chamber + of the Clergy, that their whole body should join. This was rejected, at + first, by a small majority only; but, being afterwards somewhat modified, + it was decided affirmatively, by a majority of eleven. While this was + under debate, and unknown to the court, to wit, on the 19th, a council was + held in the afternoon, at Marly, wherein it was proposed that the King + should interpose, by a declaration of his sentiments, in a <i>séance + royale</i>. A form of declaration was proposed by Necker, which, while it + censured, in general, the preceedings, both of the Nobles and Commons, + announced the King’s views, such as substantially to coincide with the + Commons. It was agreed to in Council, the <i>séance</i> was fixed for the + 22nd, the meetings of the States were till then to be suspended, and every + thing, in the mean time, kept secret. The members, the next morning (the + 20th) repairing to their house, as usual, found the doors shut and + guarded, a proclamation posted up for a séance, royale on the 22nd, and a + suspension of their meetings in the mean, time. Concluding that their + dissolution was now to take place, they repaired to a building called the + <i>Jeu de paume</i> (or Tennis court), and there bound themselves by oath + to each other, never to separate, of their own accord, till they had + settled a constitution for the nation, on a solid basis, and, if separated + by force, that they would reassemble in some other place. The next day + they met in the church of St. Louis, and were joined by a majority of the + clergy. The heads of the aristocracy saw that all was lost without some + bold exertion. The King was still at Marly. Nobody was permitted to + approach him but their friends. He was assailed by falsehoods in all + shapes. He was made to believe that the Commons were about to absolve the + army from their oath of fidelity to him, and to raise their pay. The court + party were now all rage and desperation. They procured a committee to be + held, consisting of the King and his Ministers, to which Monsieur and the + Count d’Artois should be admitted. At this committee, the latter attacked + Mr. Necker personally, arraigned his declaration, and proposed one which + some of his prompters had put into his hands. Mr. Necker was browbeaten + and intimidated, and the King shaken. He determined that the two plans + should be deliberated on the next day, and the <i>séance royale</i> put + off a day longer. This encouraged a fiercer attack on Mr. Necker the next + day. His draught of a declaration was entirely broken up, and that of the + Count d’Artois inserted into it. Himself and Montmorin offered their + resignation, which was refused; the Count d’Artois saying to Mr. Necker, + ‘No, sir, you must be kept as the hostage; we hold you responsible for all + the ill which shall happen.’ This change of plan was immediately whispered + without doors. The <i>Noblesse</i> were in triumph; the people in + consternation. I was quite alarmed at this state of things. The soldiery + had not yet indicated which side they should take, and that which they + should support would be sure to prevail. I considered a successful + reformation of government in France as insuring a general reformation + through Europe, and the resurrection to a new life of their people, now + ground to dust by the abuses of the governing powers. I was much + acquainted with the leading patriots of the Assembly. Being from a country + which had successfully passed through a similar reformation, they were + disposed to my acquaintance, and had some confidence in me. I urged, most + strenuously, an immediate compromise; to secure what the government was + now ready to yield, and trust to future occasions for what might still be + wanting. It was well understood that the King would grant, at this time, + 1. Freedom of the person by <i>habeas corpus</i>. 2. Freedom of + conscience: 3. Freedom of the press: 4. Trial by jury: 5. A representative + legislature: 6. Annual meetings: 7. The origination of laws: 8. The + exclusive right of taxation and appropriation: and 9. The responsibility + of ministers: and with the exercise of these powers they could obtain, in + future, whatever might be further necessary to improve and preserve their + constitution. They thought otherwise, however, and events have proved + their lamentable error. For, after thirty years of war, foreign and + domestic, the loss of millions of lives, the prostration of private + happiness, and the foreign subjugation of their own country for a time, + they have obtained no more, nor even that securely. They were unconscious + of (for who could foresee?) the melancholy sequel of their well-meant + perseverance; that their physical force would be usurped by a first tyrant + to trample on the independence, and even the existence, of other nations: + that this would afford a fatal example for the atrocious conspiracy of + kings against their people; would generate their unholy and homicide + alliance to make common cause among themselves, and to crush, by the power + of the whole, the efforts of any part, to moderate their abuses and + oppressions. When the King passed, the next day, through the lane formed + from the Chateau to the <i>Hotel des Etats</i>, there was a dead silence. + He was about an hour in the House, delivering his speech and declaration. + On his coming out, a feeble cry of <i>Vive le Roy</i> was raised by some + children, but the people remained silent and sullen. In the close of his + speech, he had ordered that the members should follow him, and resume + their deliberations the next day. The <i>Noblesse</i> followed him, and so + did the clergy, except about thirty, who, with the <i>Tiers</i>, remained + in the room, and entered into deliberation. They protested against what + the King had done, adhered to all their former proceedings, and resolved + the inviolability of their own persons. An officer came to order them out + of the room in the King’s name. ‘Tell those who sent you,’ said Mirabeau, + ‘that we shall not move hence but at our own will, or the point of the + bayonet.’ In the afternoon, the people, uneasy, began to assemble in great + numbers in the courts and vicinities of the palace. This produced alarm. + The Queen sent for Mr. Necker. He was conducted, amidst the shouts and + acclamations of the multitude, who filled all the apartments of the + palace. He was a few minutes only with the Queen, and what passed between + them did not transpire. The King went out to ride. He passed through the + crowd to his carriage, and into it, without being in the least noticed. As + Mr. Necker followed him, universal acclamations were raised of ‘<i>Vive + Monsieur Necker, vive le sauveur de la France opprimée</i>.’ He was + conducted back to his house, with the same demonstrations of affection and + anxiety. About two hundred deputies of the <i>Tiers</i>, catching the + enthusiasm of the moment, went to his house, and extorted from him a + promise that he would not resign. On the 25th, forty-eight of the Nobles + joined the <i>Tiers</i>, and among them the Duke of Orleans. There were + then with them one hundred and sixty-four members of the clergy, although + the minority of that body still sat apart, and called themselves the + Chamber of the Clergy. On the 26th, the Archbishop of Paris joined the + Tiers, as did some others of the clergy and of the <i>Noblesse</i>. + </p> + <p> + These proceedings had thrown the people into violent ferment. It gained + the soldiery, first of the French guards, extended to those of every other + denomination, except the Swiss, and even to the body guards of the King. + They began to quit their barracks, to assemble in squads, to declare they + would defend the life of the King, but would not be the murderers of their + fellow-citizens. They called themselves the soldiers of the nation, and + left now no doubt on which side they would be, in case of a rupture. + Similar accounts came in from the troops in other parts of the kingdom, + giving good reason to believe they would side with their fathers and + brothers, rather than with their officers. The operation of this medicine + at Versailles, was as sudden as it was powerful. The alarm there was so + complete, that in the afternoon of the 27th, the King wrote with his own + hand letters to the Presidents of the Clergy and Nobles, engaging them + immediately to join the <i>Tiers</i>. These two bodies were debating, and + hesitating, when notes from the Count d’Artois decided their compliance. + They went in a body, and took their seats with the Tiers, and thus + rendered the union of the orders in one chamber complete. + </p> + <p> + The Assembly now entered on the business of their mission, and first + proceeded to arrange the order in which they would take up the heads of + their constitution, as follows: + </p> + <p> + First, and as preliminary to the whole, a general declaration of the + rights of man. Then, specifically, the principles of the monarchy; rights + of the nation; rights of the king; rights of the citizens; organization + and rights of the National Assembly; forms necessary for the enactment of + laws; organization and functions of the Provincial and Municipal + Assemblies; duties and limits of the Judiciary power; functions and duties + of the Military power. + </p> + <p> + A declaration of the rights of man, as the preliminary of their work, was + accordingly prepared and proposed by the Marquis de la Fayette. + </p> + <p> + But the quiet of their march was soon disturbed by information that + troops, and particularly the foreign troops, were advancing on Paris from + various quarters. The King had probably been advised to this on the + pretext of preserving peace in Paris. But his advisers were believed to + have other things in contemplation. The Marshal de Broglio was appointed + to their command, a highflying aristocrat, cool and capable of every + thing. Some of the French guards were soon arrested, under other pretexts, + but really on account of their dispositions in favor of the national + cause. The people of Paris forced their prison, liberated them, and sent a + deputation to the Assembly to solicit a pardon. The Assembly recommended + peace and order to the people of Paris, the prisoners to the King, and + asked from him the removal of the troops. His answer was negative and dry, + saying they might remove themselves, if they pleased, to Noyon or + Soissons. In the mean time, these troops, to the number of twenty or + thirty thousand, had arrived, and were posted in and between Paris and + Versailles. The bridges and passes were guarded. At three o’clock in the + afternoon of the 11th of July, the Count de la Luzerne was sent to notify + Mr. Necker of his dismission, and to enjoin him to retire instantly, + without saying a word of it to any body. He went home, dined, and proposed + to his wife a visit to a friend, but went in fact to his country-house at + St. Ouen, and at midnight set out for Brussels. This was not known till + the next day (the 12th), when the whole ministry was changed, except + Villedeuil, of the domestic department, and Barenton, <i>Garde des Sceaux</i>. + The changes were as follows. + </p> + <p> + The Baron de Breteuil, President of the Council of Finance; de la + Galasiere, Comptroller General, in the room of Mr. Necker; the Marshal de + Broglio, Minister of War, and Foulon under him, in the room of Puy-Segur; + the Duke de la Vauguyon, Minister of Foreign Affairs, instead of the Count + de Montmorin; de la Porte, Minister of Marine, in place of the Count de la + Luzerne; St. Priest was also removed from the Council. Lucerne and Puy + Segur had been strongly of the aristocratic party in the Council but they + were not considered as equal to the work now to be done. The King was now + completely in the hands of men, the principal among whom had been noted + through their lives for the Turkish despotism of their characters, and who + were associated around the King as proper instruments for what was to be + executed. The news of this change began to be known at Paris about one or + two o’clock. In the afternoon, a body of about one hundred German cavalry + were advanced, and drawn up in the Place Louis XV., and about two hundred + Swiss posted at a little distance in their rear. This drew people to the + spot, who thus accidentally found themselves in front of the troops, + merely at first as spectators; but, as their numbers increased, their + indignation rose. They retired a few steps, and posted themselves on and + behind large piles of stones, large and small, collected in that place for + a bridge, which was to be built adjacent to it. In this position, + happening to be in my carriage on a visit, I passed through the lane they + had formed, without interruption. But the moment after I had passed, the + people attacked the cavalry with stones. They charged, but the + advantageous position of the people, and the showers of stones, obliged + the horse to retire, and quit the field altogether, leaving one of their + number on the ground, and the Swiss in their rear, not moving to their + aid. This was the signal for universal insurrection, and this body of + cavalry, to avoid being massacred, retired towards Versailles. The people + now armed themselves with such weapons as they could find in armorers’ + shops, and private houses, and with bludgeons; and were roaming all night, + through all parts of the city, without any decided object. The next day + (the 13th), the Assembly pressed on the king to send away the troops, to + permit the Bourgeoisie of Paris, to arm for the preservation of order in + the city, and offered to send a deputation from their body to tranquillize + them: but their propositions were refused. A committee of magistrates and + electors of the city were appointed by those bodies, to take upon them its + government. The people, now openly joined by the French guards, forced the + prison of St. Lazare, released all the prisoners, and took a great store + of corn, which they carried to the corn market. Here they got some arms, + and the French guards began to form and train; them. The city-committee + determined to raise forty-eight thousand <i>Bourgeois</i>, or rather to + restrain their numbers to forty-eight thousand. On the 14th, they sent one + of their members (Monsieur de Corny) to the <i>Hotel des Invalides</i>, to + ask arms for their <i>Garde Bourgeoise</i>. He was followed by, and he + found there, a great collection of people. The Governor of the Invalids + came out, and represented the impossibility of his delivering arms, + without the orders of those from whom he received them. De Corny advised + the people then to retire, and retired himself; but the people took + possession of the arms, it was remarkable, that not only the Invalids + themselves made no opposition, but that a body of five thousand foreign + troops, within four hundred yards, never stirred. M. de Corny, and five + others, were then sent to ask arms of M. de Launay, Governor of the + Bastile. They found a great collection of people already before the place, + and they immediately planted a flag of truce, which was answered by a like + flag hoisted on the parapet. The deputation prevailed on the people to + fall back a little, advanced themselves to make their demand of the + Governor, and in that instant, a discharge from the Bastile killed four + persons, of those nearest to the deputies. The deputies retired. I + happened to be at the house of M. de Corny, when he returned to it, and + received from him a narrative of these transactions. On the retirement of + the deputies, the people rushed forward, and almost in an instant, were in + possession of a fortification, of infinite strength, defended by one + hundred men, which in other times, had stood several regular sieges, and + had never been taken. How they forced their entrance has never been + explained. They took all the arms, discharged the prisoners, and such of + the garrison as were not killed in the first moment of fury; carried the + Governor and Lieutenant Governor to the Place de Greve (the place of + public execution), cut off their heads, and sent them through the city, in + triumph, to the Palais Royal. About the same instant, a treacherous + correspondence having been discovered in M. de Flesselles, <i>Prévôt des + Marchands</i>, they seized him in the <i>Hotel de Ville</i>, where he was + in the execution of his office, and cut off his head. These events, + carried imperfectly to Versailles, were the subject of two successive + deputations from the Assembly to the King, to both of which he gave dry + and hard answers; for nobody had as yet been permitted to inform him, + truly and fully, of what had passed at Paris. But at night, the Duke de + Liancourt forced his way into the King’s bed-chamber, and obliged him to + hear a full and animated detail of the disasters of the day in Paris. He + went to bed fearfully impressed. The decapitation of De Launay worked + powerfully, through the night, on the whole Aristocratical party; + insomuch, that in the morning, those of the greatest influence on the + Count d’Artois, represented to him the absolute necessity, that the King + should give up every thing to the Assembly. This according with the + dispositions of the King, he went about eleven o’clock, accompanied only + by his brothers, to the Assembly, and there read to them a speech, in + which he asked their interposition to re-establish order. Although couched + in terms of some caution, yet the manner in which it was delivered made it + evident, that it was meant as a surrender at discretion. He returned to + the Chateau afoot, accompanied by the Assembly. They sent off a deputation + to quiet Paris, at the head of which was the Marquis de la Fayette, who + had, the same morning, been named <i>Commandant en Chef</i> of the <i>Milice + Bourgeoise</i>; and Monsieur Bailly, former President of the States + General, was called for as <i>Prévôt des Marchands</i>. The demolition of + the Bastile was now ordered and begun. A body of the Swiss guards, of the + regiment of Ventimille, and the city horse-guards joined the people. The + alarm at Versailles increased. The foreign troops were ordered off + instantly. Every Minister resigned. The King confirmed Bailly as Prévôt + des Marchands, wrote to Mr. Necker, to recall him, sent his letter open to + the Assembly, to be forwarded by them, and invited them to go with him to + Paris the next day, to satisfy the city of his dispositions; and that + night, and the next morning, the Count d’Artois, and M. de Montesson, a + deputy connected with him, Madame de Polignac, Madame de Guiche, and the + Count de Vaudreuil, favorites of the Queen, the Abbe de Vermont her + confessor, the Prince of Conde. and Duke of Bourbon fled. The King came to + Paris, leaving the Queen in consternation for his return. Omitting the + less important figures of the procession, the King’s carriage was in the + centre; on each side of it, the Assembly, in two ranks afoot; at their + head the Marquis de la Fayette, as commander-in-chief, on horse-back, and + <i>Bourgeois</i> guards before and behind. About sixty thousand citizens, + of all forms and conditions, armed with the conquests of the Bastile and + Invalids, as far as they would go, the rest with pistols, swords, pikes, + pruning hooks, scythes, &c. lined all the streets through which the + procession passed, and with the crowds of people in the streets, doors, + and windows, saluted them everywhere with the cries of ‘<i>Vive la Nation</i>,’ + but not a single ‘<i>Vive le Roi</i>’ was heard. The King stopped at the + <i>Hotel de Ville</i>. There M. Bailly presented, and put into his hat, + the popular cockade, and addressed him. The King being unprepared, and + unable to answer, Bailly went to him, gathered from him some scraps of + sentences, and made out an answer, which he delivered to the audience, as + from the King. On their return, the popular cries were ‘<i>Vive le Roi et + la Nation</i>.’ He was conducted by a <i>garde Bourgeoise</i>, to his + palace at Versailles, and thus concluded such an ‘<i>amende honorable</i>,’ + as no sovereign ever made, and no people ever received. + </p> + <p> + And here, again, was lost another precious occasion of sparing to France + the crimes and cruelties through which she has since passed, and to + Europe, and finally America, the evils which flowed on them also from this + mortal source. The King was now become a passive machine in the hands of + the National Assembly, and had he been left to himself, he would have + willingly acquiesced in whatever they should devise as best for the + nation. A wise constitution would have been formed, hereditary in his + line, himself placed at its head, with powers so large, as to enable him + to do all the good of his station, and so limited, as to restrain him from + its abuse. This he would have faithfully administered, and more than this, + I do not believe, he ever wished. But he had a Queen of absolute sway over + his weak mind and timid virtue, and of a character the reverse of his in + all points. This angel, as gaudily painted in the rhapsodies of Burke, + with some smartness of fancy, but no sound sense, was proud, disdainful of + restraint, indignant at all obstacles to her will, eager in the pursuit of + pleasure, and firm enough to hold to her desires, or perish in their + wreck. Her inordinate gambling and dissipations, with those of the Count + d’Artois, and others of her clique, had been a sensible item in the + exhaustion of the treasury, which called into action the reforming hand of + the nation; and her opposition to it, her inflexible perverseness, and + dauntless spirit, led herself to the Guillotine, drew the King on with + her, and plunged the world into crimes and calamities which will for ever + stain the pages of modern history. I have ever believed, that had there + been no Queen, there would have been no revolution. No force would have + been provoked, nor exercised. The King would have gone hand in hand with + the wisdom of his sounder counsellors, who, guided by the increased lights + of the age, wished only, with the same pace, to advance the principles of + their social constitution. The deed which closed the mortal course of + these sovereigns, I shall neither approve nor condemn. I am not prepared + to say, that the first magistrate of a nation cannot commit treason + against his country, or is unamenable to its punishment: nor yet, that + where there is no written law, no regulated tribunal, there is not a law + in our hearts, and a power in our hands, given for righteous employment in + maintaining right, and redressing wrong. Of those who judged the King, + many thought him wilfully criminal; many, that his existence would keep + the nation in perpetual conflict with the horde of Kings, who would war + against a regeneration which might come home to themselves, and that it + were better that one should die than all. I should not have voted with + this portion of the legislature. I should have shut up the Queen in a + convent, putting harm out of her power, and placed the King in his + station, investing him with limited powers, which, I verily believe, he + would have honestly exercised, according to the measure of his + understanding. In this way, no void would have been created, courting the + usurpation of a military adventurer, nor occasion given for those + enormities which demoralized the nations of the world, and destroyed, and + is yet to destroy, millions and millions of its inhabitants. There are + three epochs in history, signalized by the total extinction of national + morality. The first was of the successors of Alexander, not omitting + himself: the next, the successors of the first Cæsar: the third, our own + age. This was begun by the partition of Poland, followed by that of the + treaty of Pilnitz; next the conflagration of Copenhagen; then the + enormities of Bonaparte, partitioning the earth at his will, and + devastating it with fire and sword; now the conspiracy of Kings, the + successors of Bonaparte, blasphemously calling themselves ‘The Holy + Alliance,’ and treading in the footsteps of their incarcerated leader; not + yet, indeed, usurping the government of other nations, avowedly and in + detail, but controlling by their armies the forms in which they will + permit them to be governed; and reserving, <i>in petto</i>, the order and + extent of the usurpations further meditated. But I will return from a + digression, anticipated, too, in time, into which I have been led by + reflection on the criminal passions which refused to the world a favorable + occasion of saving it from the afflictions it has since suffered. + </p> + <p> + Mr. Necker had reached Basle before he was overtaken by the letter of the + King, inviting him back to resume the office he had recently left. He + returned immediately, and all the other ministers having resigned, a new + administration was named, to wit: St. Priest and Montmorin were restored; + the Archbishop of Bordeaux was appointed <i>Garde des Sceaux</i>; La Tour + du Pin, Minister of War; La Luzerne, Minister of Marine. This last was + believed to have been effected by the friendship of Montmorin; for + although differing in politics, they continued firm in friendship, and + Luzerne, although not an able man, was thought an honest one. And the + Prince of Bauvau was taken into the Council. + </p> + <p> + Seven Princes of the blood royal, six ex-ministers, and many of the high + <i>Noblesse</i>, having fled, and the present ministers, except Luzerne, + being all of the popular party, all the functionaries of government moved, + for the present, in perfect harmony. + </p> + <p> + In the evening of August the 4th, and on the motion of the Viscount de + Noailles, brother-in-law of La Fayette, the Assembly abolished all titles + of rank, all the abusive privileges of feudalism, the tythes and casuals + of the clergy, all provincial privileges, and, in fine, the feudal regimen + generally. To the suppression of tythes, the Abbe Sieyes was vehemently + opposed; but his learned and logical arguments were unheeded, and his + estimation lessened by a contrast of his egoism (for he was beneficed on + them) with the generous abandonment of rights by the other members of the + Assembly. Many days were employed in putting into the form of laws the + numerous demolitions of ancient abuses; which done, they proceeded to the + preliminary work of a declaration of rights. There being much concord of + sentiment on the elements of this instrument, it was liberally framed, and + passed with a very general approbation. They then appointed a committee + for the ‘reduction of a <i>projet</i>’ of a constitution, at the head of + which was the Archbishop of Bordeaux. I received from him, as chairman of + the committee, a letter of July the 20th, requesting me to attend and + assist at their deliberations; but I excused myself, on the obvious + considerations, that my mission was to the King as Chief Magistrate of the + nation, that my duties were limited to the concerns of my own country, and + forbade me to intermeddle with the internal transactions of that in which + I had been received under a specific character only. Their plan of a + constitution was discussed in sections, and so reported from time to time, + as agreed to by the committee. The first respected the general frame of + the government; and that this should be formed into three departments, + executive, legislative, and judiciary, was generally agreed. But when they + proceeded to subordinate developments, many and various shades of opinion + came into conflict, and schism, strongly marked, broke the Patriots into + fragments of very discordant principles. The first question, Whether there + should be a King? met with no open opposition; and it was readily agreed, + that the government of France should be monarchical and hereditary. Shall + the King have a negative on the laws? Shall that negative be absolute, or + suspensive only? Shall there be two Chambers of Legislation, or one only? + If two, shall one of them be hereditary? or for life? or for a fixed term? + and named by the King? or elected by the people? These questions found + strong differences of opinion, and produced repulsive combinations among + the Patriots. The aristocracy was cemented by a common principle of + preserving the ancient regime or whatever should be nearest to it. Making + this their polar star, they moved in phalanx, gave preponderance on every + question to the minorities of the Patriots, and always to those who + advocated the least change. The features of the new constitution were thus + assuming a fearful aspect, and great alarm was produced among the honest + Patriots by these dissensions in their ranks. In this uneasy state of + things, I received one day a note from the Marquis de la Fayette, + informing me, that he should bring a party of six or eight friends, to ask + a dinner of me the next day. I assured him of their welcome. When they + arrived, they were La Fayette himself, Duport, Barnave, Alexander la Meth, + Blacon, Mounier, Maubourg, and Dagout. These were leading Patriots, of + honest but differing opinions, sensible of the necessity of effecting a + coalition by mutual sacrifices, knowing each other, and not afraid, + therefore, to unbosom themselves mutually. This last was a material + principle in the selection. With this view, the Marquis had invited the + conference, and had fixed the time and place inadvertently, as to the + embarrassment under which it might place me. The cloth being removed, and + wine set on the table, after the American manner, the Marquis introduced + the objects of the conference, by summarily reminding them of the state of + things in the Assembly, the course which the principles of the + constitution were taking, and the inevitable result, unless checked by + more concord among the Patriots themselves. He observed, that although he + also had his opinion, he was ready to sacrifice it to that of his brethren + of the same cause; but that a common opinion must now be formed, or the + aristocracy would carry every thing, and that, whatever they should now + agree on, he, at the head of the national force, would maintain. The + discussions began at the hour of four, and were continued till ten o’clock + in the evening; during which time I was a silent witness to a coolness and + candor of argument unusual in the conflicts of political opinion; to a + logical reasoning, and chaste eloquence, disfigured by no gaudy tinsel of + rhetoric or declamation, and truly worthy of being placed in parallel with + the finest dialogues of antiquity, as handed to us by Xenophon, by Plato, + and Cicero. The result was, that the King should have a suspensive veto on + the laws, that the legislature should be composed of a single body only, + and that to be chosen by the people. This Concordat decided the fate of + the constitution. The Patriots all rallied to the principles thus settled, + carried every question agreeably to them, and reduced the aristocracy to + insignificance and impotence. But duties of exculpation were now incumbent + on me. I waited on Count Montmorin the next morning, and explained to him, + with truth and candor, how it happened that my house had been made the + scene of conferences of such a character. He told me he already knew every + thing which had passed, that so far from taking umbrage at the use made of + my house on that occasion, he earnestly wished I would habitually assist + at such conferences, being sure I should be useful in moderating the + warmer spirits, and promoting a wholesome and practicable reformation + only. I told him I knew too well the duties I owed to the King, to the + nation, and to my own country, to take any part in councils concerning + their internal government, and that I should persevere, with care, in the + character of a neutral and passive spectator, with wishes only, and very + sincere ones, that those measures might prevail which would be for the + greatest good of the nation. I have no doubt, indeed, that this conference + was previously known and approved by this honest minister, who was in + confidence and communication with the Patriots, and wished for a + reasonable reform of the constitution. + </p> + <p> + Here I discontinue my relation of the French Revolution. The minuteness + with which I have so far given its details, is disproportioned to the + general scale of my narrative. But I have thought it justified by the + interest which the whole world must take in this Revolution. As yet, we + are but in the first chapter of its history. The appeal to the rights of + man, which had been made in the United States, was taken up by France, + first of the European nations. From her the spirit has spread over those + of the South. The tyrants of the North have allied indeed against it; but + it is irresistible. Their opposition will only multiply its millions of + human victims; their own satellites will catch it, and the condition of + man through the civilized world, will be finally and greatly meliorated. + This is a wonderful instance of great events from small causes. So + inscrutable is the arrangement of causes and consequences in this world, + that a two-penny duty on tea, unjustly imposed in a sequestered part of + it, changes the condition of all its inhabitants. I have been more minute + in relating the early transactions of this regeneration, because I was in + circumstances peculiarly favorable for a knowledge of the truth. + Possessing the confidence and intimacy of the leading Patriots, and more + than all, of the Marquis Fayette, their head and Atlas, who had no secrets + from me, I learned with correctness the views and proceedings of that + party; while my intercourse with the diplomatic missionaries of Europe at + Paris, all of them with the court, and eager in prying into its councils + and proceedings, gave me a knowledge of these also. My information was + always, and immediately committed to writing, in letters to Mr. Jay, and + often to my friends, and a recurrence to these letters now insures me + against errors of memory. These opportunities of information ceased at + this period, with my retirement from this interesting scene of action. I + had been more than a year soliciting leave to go home, with a view to + place my daughters in the society and care of their friends, and to return + for a short time to my station at Paris. But the metamorphosis through + which our government was then passing from its chrysalid to its organic + form, suspended its action in a great degree; and it was not till the last + of August that I received the permission I had asked. And here I cannot + leave this great and good country, without expressing my sense of its + pre-eminence of character among the nations of the earth. A more + benevolent people I have never known, nor greater warmth and devotedness + in their select friendships. Their kindness and accommodation to strangers + is unparalleled, and the hospitality of Paris is beyond any thing I had + conceived to be practicable in a large city. Their eminence, too, in + science, the communicative dispositions of their scientific men, the + politeness of the general manners, the ease and vivacity of their + conversation, give a charm to their society, to be found nowhere else. In + a comparison of this with other countries, we have the proof of primacy, + which was given to Themistocles after the battle of Salamis. Every general + voted to himself the first reward of valor, and the second to + Themistocles. So, ask the traveled inhabitant of any nation, In what + country on earth would you rather live?—Certainly, in my own, where + are all my friends, my relations, and the earliest and sweetest affections + and recollections of my life. Which would be your second choice? France. + </p> + <p> + On the 26th of September, I left Paris for Havre, where I was detained by + contrary winds, until the 8th of October. On that day, and the 9th, I + crossed over to Cowes, where I had engaged the Clermont, Capt. Colley, to + touch for me. She did so; but here again we were detained by contrary + winds, until the 22nd, when we embarked, and landed at Norfolk on the 23rd + of November. On my way home, I passed some days at Eppington, in + Chesterfield, the residence of my friend and connection, Mr. Eppes; and, + while there, I received a letter from the President, General Washington, + by express, covering an appointment to be Secretary of State. [See + Appendix, note H.] I received it with real regret. My wish had been to + return to Paris, where I had left my household establishment, as if there + myself, and to see the end of the Revolution, which, I then thought, would + be certainly and happily closed in less than a year. I then meant to + return home, to withdraw from political life, into which I had been + impressed by the circumstances of the times, to sink into the bosom of my + family and friends, and devote myself to studies more congenial to my + mind. In my answer of December 15th, I expressed these dispositions + candidly to the President, and my preference of a return to Paris; but + assured him, that if it was believed I could be more useful in the + administration of the government, I would sacrifice my own inclinations + without hesitation, and repair to that destination: this I left to his + decision. I arrived at Monticello on the 23rd of December, where I + received a second letter from the President, expressing his continued + wish, that I should take my station there, but leaving me still at liberty + to continue in my former office, if I could not reconcile myself to that + now proposed. This silenced my reluctance, and I accepted the new + appointment. + </p> + <p> + In the interval of my stay at home, my eldest daughter had been happily + married to the eldest son of the Tuckahoe branch of Randolphs, a young + gentleman of genius, science, and honorable mind, who afterwards filled a + dignified station in the General Government, and the most dignified in his + own State. I left Monticello on the 1st of March, 1790, for New York. At + Philadelphia I called on the venerable and beloved Franklin. He was then + on the bed of sickness from which he never rose. My recent return from a + country in which he had left so many friends, and the perilous convulsions + to which they had been exposed, revived all his anxieties to know what + part they had taken, what had been their course, and what their fate. He + went over all in succession, with a rapidity and animation, almost too + much for his strength. When all his inquiries were satisfied, and a pause + took place, I told him I had learned with much pleasure that, since his + return to America, he had been occupied in preparing for the world, the + history of his own life. ‘I cannot say much of that,’ said he; ‘but I will + give you a sample of what I shall leave:’ and he directed his little + grandson (William Bache) who was standing by the bedside, to hand him a + paper from the table, to which he pointed. He did so; and the Doctor + putting it into my hands, desired me to take it, and read it at my + leisure. It was about a quire of folio paper, written in a large and + running hand, very like his own. I looked into it slightly, then shut it, + and said I would accept his permission to read it, and would carefully + return it. He said, ‘No, keep it.’ Not certain of his meaning, I again + looked into it, folded it for my pocket, and said again, I would certainly + return it. ‘No,’ said he, ‘keep it.’ I put it into my pocket, and shortly + after, took leave of him. He died on the 17th of the ensuing month of + April; and as I understood that he had bequeathed all his papers to his + grandson, William Temple Franklin, I immediately wrote to Mr. Franklin, to + inform him I possessed this paper, which I should consider as his + property, and would deliver to his order. He came on immediately to New + York, called on me for it, and I delivered it to him. As he put it into + his pocket, he said carelessly, he had either the original, or another + copy of it, I do not recollect which. This last expression struck my + attention forcibly, and for the first time suggested to me the thought, + that Dr. Franklin had meant it as a confidential deposite in my hands, and + that I had done wrong in parting from it. I have not yet seen the + collection he published of Dr. Franklin’s works, and therefore know not if + this is among them. I have been told it is not. It contained a narrative + of the negotiations between Dr. Franklin and the British Ministry, when he + was endeavoring to prevent the contest of arms which followed. The + negotiation was brought about by the intervention of Lord Howe and his + sister, who, I believe, was called Lady Howe, but I may misremember her + title. Lord Howe seems to have been friendly to America, and exceedingly + anxious to prevent a rupture. His intimacy with Dr. Franklin, and his + position with the Ministry, induced him to undertake a mediation between + them; in which his sister seemed to have been associated. They carried + from one to the other, backwards and forwards, the several propositions + and answers which passed, and seconded with their own intercessions, the + importance of mutual sacrifices, to preserve the peace and connection of + the two countries. I remember that Lord North’s answers were dry, + unyielding, in the spirit of unconditional submission, and betrayed an + absolute indifference to the occurrence of a rupture; and he said to the + mediators distinctly, at last, that ‘a rebellion was not to be deprecated + on the part of Great Britain; that the confiscations it would produce, + would provide for many of their friends.’ This expression was reported by + the mediators to Dr. Franklin, and indicated so cool and calculated a + purpose in the Ministry, as to render compromise hopeless, and the + negotiation was discontinued. If this is not among the papers published, + we ask, what has become of it? I delivered it with my own hands, into + those of Temple Franklin. It certainly established views so atrocious in + the British government, that its suppression would, to them, be worth a + great price. But could the grandson of Dr. Franklin be, in such degree, an + accomplice in the parricide of the memory of his immortal grandfather? The + suspension, for more than twenty years, of the general publication, + bequeathed and confided to him, produced for a while hard suspicions + against him: and if, at last, all are not published, a part of these + suspicions may remain with some. + </p> + <p> + I arrived at New York on the 21st of March, where Congress was in session. + </p> + <p> + <a name="link2H_APPE" id="link2H_APPE"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + APPENDIX TO THE MEMOIR. + </h2> + <p> + <a name="link2H_4_0004" id="link2H_4_0004"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE A.] Letter to John Saunderson, Esq. + </h2> + <p> + Sir, + </p> + <p> + Monticello, August 31, 1820. + </p> + <p> + Your letter of the 19th was received in due time, and I wish it were in my + power to furnish you more fully, than in the enclosed paper, with + materials for the biography of George Wythe; but I possess none in + writing, am very distant from the place of his birth and early life, and + know not a single person in that quarter from whom inquiry could be made, + with the expectation of collecting any thing material. Add to this, that + feeble health disables me, almost, from writing; and, entirely, from the + labor of going into difficult research. I became acquainted with Mr. Wythe + when he was about thirty-five years of age. He directed my studies in the + law, led me into business, and continued, until death, my most + affectionate friend. A close intimacy with him, during that period of + forty odd years, the most important of his life, enables me to state its + leading facts, which, being of my own knowledge, I vouch their truth. Of + what precedes that period, I speak from hearsay only, in which there may + be error, but of little account, as the character of the facts will + themselves manifest. In the epoch of his birth I may err a little, stating + that from the recollection of a particular incident, the date of which, + within a year or two, I do not distinctly remember. These scanty outlines, + you will be able, I hope, to fill up from other information, and they may + serve you, sometimes, as landmarks to distinguish truth from error, in + what you hear from others. The exalted virtue of the man will also be a + polar star to guide you in all matters which may touch that element of his + character. But on that you will receive imputation from no man; for, as + far as I know, he never had an enemy. Little as I am able to contribute to + the just reputation of this excellent man, it is the act of my life most + gratifying to my heart: and leaves me only to regret that a waning memory + can do no more. + </p> + <p> + Of Mr. Hancock I can say nothing, having known him only in the chair of + Congress. Having myself been the youngest man but one in that body, the + disparity of age prevented any particular intimacy. But of him there can + be no difficulty in obtaining full information in the North. + </p> + <p> + I salute you, Sir, with sentiments of great respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + <i>Notes for the Biography of George Wythe</i>. + </p> + <p> + George Wythe was born about the year 1727 or 1728, of a respectable family + in the county of Elizabeth City, on the shores of the Chesapeake. He + inherited, from his father, a fortune sufficient for independence and + ease. He had not the benefit of a regular education in the schools, but + acquired a good one of himself, and without assistance; insomuch, as to + become the best Latin and Greek scholar in the state. It is said, that + while reading the Greek Testament, his mother held an English one, to aid + him in rendering the Greek text conformably with that. He also acquired, + by his own reading, a good knowledge of Mathematics, and of Natural and + Moral Philosophy. He engaged in the study of the law under the direction + of a Mr. Lewis, of that profession, and went early to the bar of the + General Court, then occupied by men of great ability, learning, and + dignity in their profession. He soon became eminent among them, and, in + process of time, the first at the bar, taking into consideration his + superior learning, correct elocution, and logical style of reasoning; for + in pleading he never indulged himself with an useless or declamatory + thought or word; and became as distinguished by correctness and purity of + conduct in his profession, as he was by his industry and fidelity to those + who employed him. He was early elected to the House of Representatives, + then called the House of Burgesses, and continued in it until the + Revolution. On the first dawn of that, instead of higgling on half-way + principles, as others did who feared to follow their reason, he took his + stand on the solid ground, that the only link of political union between + us and Great Britain, was the identity of our Executive; that that nation + and its Parliament had no more authority over us, than we had over them, + and that we were co-ordinate nations with Great Britain and Hanover. + </p> + <p> + In 1774, he was a member of a Committee of the House of Burgesses, + appointed to prepare a Petition to the King, a Memorial to the House of + Lords, and a Remonstrance to the House of Commons, on the subject of the + proposed Stamp Act. He was made draughtsman of the last, and, following + his own principles, he so far overwent the timid hesitations of his + colleagues, that his draught was subjected by them to material + modifications; and, when the famous Resolutions of Mr. Henry, in 1775, + were proposed, it was not on any difference of principle that they were + opposed by Wythe. Randolph, Pendleton, Nicholas, Bland, and other + worthies, who had long been the habitual leaders of the House; but because + those papers of the preceding session had already expressed the same + sentiments and assertions of right, and that an answer to them was yet to + be expected. + </p> + <p> + In August, 1775, he was appointed a member of Congress, and in 1776, + signed the Declaration of Independence, of which he had, in debate, been + an eminent supporter. And subsequently, in the same year, he was appointed + by the Legislature of Virginia, one of a committee to revise the laws of + the state, as well of British, as of Colonial enactment, and to prepare + bills for re-enacting them, with such alterations as the change in the + form and principles of the government, and other circumstances, required: + and of this work, he executed the period commencing with the revolution in + England, and ending with the establishment of the new government here; + excepting the Acts for regulating descents, for religious freedom, and for + proportioning crimes and punishments. In 1777, he was chosen speaker of + the House of Delegates, being of distinguished learning in parliamentary + law and proceedings; and towards the end of the same year, he was + appointed one of the three Chancellors, to whom that department of the + Judiciary was confided, on the first organization of the new government. + On a subsequent change of the form of that court, he was appointed sole + Chancellor, in which office he continued to act until his death, which + happened in June, 1806, about the seventy-eighth or seventy-ninth year of + his age. + </p> + <p> + Mr. Wythe had been twice married; first, I believe, to a daughter of Mr. + Lewis, with whom he had studied law, and afterwards, to a Miss Taliaferro, + of a wealthy and respectable family in the neighborhood of Williamsburg; + by neither of whom did he leave issue. + </p> + <p> + No man ever left behind him a character more venerated than George Wythe. + His virtue was of the purest tint; his integrity inflexible, and his + justice exact; of warm patriotism, and, devoted as he was to liberty, and + the natural and equal rights of man, he might truly be called the Cato of + his country, without the avarice of the Roman; for a more disinterested + person never lived. Temperance and regularity in all his habits, gave him + general good health, and his unaffected modesty and suavity of manners + endeared him to every one. He was of easy elocution, his language chaste, + methodical in the arrangement of his matter, learned and logical in the + use of it, and of great urbanity in debate; not quick of apprehension, + but, with a little time, profound in penetration, and sound in conclusion. + In his philosophy he was firm, and neither troubling, nor perhaps + trusting, any one with his religious creed, he left the world to the + conclusion, that that religion must be good which could produce a life of + exemplary virtue. + </p> + <p> + His stature was of the middle size, well formed and proportioned, and the + features of his face were manly, comely, and engaging. Such was George + Wythe, the honor of his own, and the model of future times. + </p> + <p> + <a name="link2H_4_0005" id="link2H_4_0005"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE B.]—Letter to Samuel A. Wells, Esq. + </h2> + <p> + Sir, + </p> + <p> + Monticello, May 12, 1829. + </p> + <p> + An absence, of sometime, at an occasional and distant residence, must + apologize for the delay in acknowledging the receipt of your favor of + April 12th; and candor obliges me to add, that it has been somewhat + extended by an aversion to writing, as well as to calls on my memory for + facts so much obliterated from it by time, as to lessen my own confidence + in the traces which seem to remain. One of the enquiries in your letter, + however, may be answered without an appeal to the memory. It is that + respecting the question, Whether committees of correspondence originated + in Virginia, or Massachusetts? on which you suppose me to have claimed it + for Virginia; but certainly I have never made such a claim. The idea, I + suppose, has been taken up from what is said in Wirt’s history of Mr. + Henry, page 87, and from an inexact attention to its precise terms. It is + there said, ‘This House [of Burgesses, of Virginia] had the merit of + originating that powerful engine of resistance, corresponding committees + between the legislatures of the different colonies.’ That the fact, as + here expressed, is true, your letter bears witness, when it says, that the + resolutions of Virginia, for this purpose, were transmitted to the + speakers of the different assemblies, and by that of Massachusetts was + laid, at the next session, before that body, who appointed a committee for + the specified object: adding, ‘Thus, in Massachusetts, there were two + committees of correspondence, one chosen by the people, the other + appointed by the House of Assembly; in the former, Massachusetts preceded + Virginia; in the latter, Virginia preceded Massachusetts.’ To the + origination of committees for the interior correspondence between the + counties and towns of a state, I know of no claim on the part of Virginia; + and certainly none was ever made by myself. I perceive, however, one + error, into which memory had led me. Our committee for national + correspondence was appointed in March, ‘73, and I well remember, that + going to Williamsburg in the month of June following, Peyton Randolph, our + chairman, told me that messengers bearing despatches between the two + states had crossed each other by the way, that of Virginia carrying our + propositions for a committee of national correspondence, and that of + Massachusetts, bringing, as my memory suggested, a similar proposition. + But here I must have misremembered; and the resolutions brought us from + Massachusetts were probably those you mention of the town-meeting of + Boston, on the motion of Mr. Samuel Adams, appointing a committee ‘to + state the rights of the colonists, and of that province in particular, and + the infringements of them; to communicate them to the several towns, as + the sense of the town of Boston, and to request, of each town, a free, + communication of its sentiments on this subject.’ I suppose, therefore, + that these resolutions were not received, as you think, while the House of + Burgesses was in session in March, 1773, but a few days after we rose, and + were probably what was sent by the messenger, who crossed ours by the way. + They may, however, have been still different. I must, therefore, have been + mistaken in supposing, and stating to Mr. Wirt, that the proposition of a + committee for national correspondence was nearly simultaneous in Virginia + and Massachusetts. + </p> + <p> + A similar misapprehension of another passage in Mr. Wirt’s book, for which + I am also quoted, has produced a similar reclamation on the part of + Massachusetts, by some of her most distinguished and estimable citizens. I + had been applied to by Mr. Wirt, for such facts respecting Mr. Henry, as + my intimacy with him and participation in the transactions of the day, + might have placed within my knowledge. I accordingly committed them to + paper; and Virginia being the theatre of his action, was the only subject + within my contemplation. While speaking of him, of the resolutions and + measures here, in which he had the acknowledged lead, I used the + expression that ‘Mr. Henry certainly gave the first impulse to the ball of + revolution.’ [Wirt, page 41.] The expression is indeed general, and in all + its extension would comprehend all the sister states; but indulgent + construction would restrain it, as was really meant, to the subject matter + under contemplation, which was Virginia alone; according to the rule of + the lawyers, and a fair canon of general criticism, that every expression + should be construed <i>secundum subjectam materiam</i>. Where the first + attack was made, there must have been of course, the first act of + resistance, and that was in Massachusetts. Our first overt act of war, was + Mr. Henry’s embodying a force of militia from several counties, regularly + armed and organized, marching them in military array, and making reprisal + on the King’s treasury at the seat of government, for the public powder + taken away by his Governor. This was on the last days of April, 1775. Your + formal battle of Lexington was ten or twelve days before that, and greatly + overshadowed in importance, as it preceded in time, our little affray, + which merely amounted to a levying of arms against the King; and very + possibly, you had had military affrays before the regular battle of + Lexington. + </p> + <p> + These explanations will, I hope, assure you, Sir, that so far as either + facts or opinions have been truly quoted from me, they have never been + meant to intercept the just fame of Massachusetts, for the promptitude and + perseverance of her early resistance. We willingly cede to her the laud of + having been (although not exclusively) ‘the cradle of sound principles,’ + and, if some of us believe she has deflected from them in her course, we + retain full confidence in her ultimate return to them. + </p> + <p> + I will now proceed to your quotation from Mr. Galloway’s statement of what + passed in Congress, on their Declaration of Independence; in which + statement there is not one word of truth, and where bearing some + resemblance to truth, it is an entire perversion of it. I do not charge + this on Mr. Galloway himself; his desertion having taken place long before + these measures, he doubtless received his information from some of the + loyal friends whom he left behind him. But as yourself, as well as others, + appear embarrassed by inconsistent accounts of the proceedings on that + memorable occasion, and as those who have endeavored to restore the truth, + have themselves committed some errors, I will give you some extracts from + a written document on that subject; for the truth of which, I pledge + myself to heaven and earth; having, while the question of Independence was + under consideration before Congress, taken written notes, in my seat, of + what was passing, and reduced them to form on the final conclusion. I have + now before me that paper, from which the following are extracts. ‘Friday, + June 7th, 1776. The delegates from Virginia moved, in obedience to + instructions from their constituents, that the Congress should declare + that these United Colonies are, and of right ought to be, free and + independent states; that they are absolved from all allegiance to the + British crown, and that all political connection between them and the + state of Great Britain is, and ought to be, totally dissolved; that + measures should be immediately taken for procuring the assistance of + foreign powers, and a Confederation be formed to bind the colonies more + closely together. The House being obliged to attend at that time to some + other business, the proposition was referred to the next day, when the + members were ordered to attend punctually at ten o’clock. Saturday, June + 8th. They proceeded to take it into consideration, and referred it to a + committee of the whole, into which they immediately resolved themselves, + and passed that day and Monday, the 10th, in debating on the subject. + </p> + <p> + ‘It appearing, in the course of these debates, that the colonies of New + York, New Jersey, Pennsylvania, Delware, Maryland, and South Carolina, + were not yet matured for falling from the parent stem, but that they were + fast advancing to that state, it was thought most prudent to wait a while + for them, and to postpone the final decision to July 1st. But, that this + might occasion as little delay as possible, a Committee was appointed to + prepare a Declaration of Independence. The Committee were John Adams, Dr. + Franklin, Roger Sherman, Robert R. Livingston, and myself. This was + reported to the House on Friday the 28th of June, when it was read and + ordered to lie on the table. On Monday, the 1st of July, the House + resolved itself into a Committee of the whole, and resumed the + consideration of the original motion made by the delegates of Virginia, + which, being again debated through the day, was carried in the affirmative + by the votes of New Hampshire, Connecticut, Massachusetts, Rhode Island, + New Jersey, Maryland, Virginia, North Carolina, and Georgia. South + Carolina and Pennsylvania voted against it. Delaware had but two members + present, and they were divided. The delegates from New York declared they + were for it themselves, and were assured their constituents were for it; + but that their instructions having been drawn near a twelvemonth before, + when reconciliation was still the general object, they were enjoined by + them, to do nothing which should impede that object. They, therefore, + thought themselves not justifiable in voting on either side, and asked + leave to withdraw from the question, which was given them. The Committee + rose, and reported their resolution to the House. Mr. Rutledge, of South + Carolina, then requested the determination might be put off to the next + day, as he believed his colleagues, though they disapproved of the + resolution, would then join in it for the sake of unanimity. The ultimate + question, whether the House would agree to the resolution of the + Committee, was accordingly postponed to the next day, when it was again + moved, and South Carolina concurred in voting for it. In the mean time, a + third member had come post from the Delaware counties, and turned the vote + of that colony in favor of the resolution. Members of a different + sentiment attending that morning from Pennsylvania also, her vote was + changed; so that the whole twelve colonies, who were authorized to vote at + all, gave their votes for it; and within a few days [July 9th] the + convention of New York approved of it, and thus supplied the void + occasioned by the withdrawing of their delegates from the vote.’ [Be + careful to observe, that this vacillation and vote were on the original + motion of the 7th of June, by the Virginia delegates, that Congress should + declare the colonies independent.] ‘Congress proceeded, the same day, to + consider the Declaration of Independence, which had been reported and laid + on the table the Friday preceding, and on Monday referred to a Committee + of the whole. The pusillanimous idea, that we had friends in England worth + keeping terms with, still haunted the minds of many. For this reason, + those passages which conveyed censures on the people of England were + struck out, lest they should give them offence. The debates having taken + up the greater parts of the second, third, and fourth days of July, were, + in the evening of the last, closed: the Declaration was reported by the + Committee, agreed to by the House, and signed by every member present + except Mr. Dickinson.’ So far my notes. + </p> + <p> + Governor M’Kean, in his letter to M’Corkle of July 16th, 1817, has thrown + some lights on the transactions of that day: but, trusting to his memory + chiefly, at an age when our memories are not to be trusted, he has + confounded two questions, and ascribed proceedings to one which belonged + to the other. These two questions were, 1st, the Virginia motion of June + the 7th, to declare Independence; and 2nd, the actual Declaration, its + matter and form. Thus he states the question on the Declaration itself, as + decided on the 1st of July; but it was the Virginia motion which was voted + on that day in committee of the whole; South Carolina, as well as + Pennsylvania, then voting against it. But the ultimate decision in the + House, on the report of the Committee, being, by request, postponed to the + next morning, all the states voted for it, except New York, whose vote was + delayed for the reason before stated. It was not till the 2nd of July, + that the Declaration itself was taken up; nor till the 4th, that it was + decided, and it was signed by every member present, except Mr. Dickinson. + </p> + <p> + The subsequent signatures of members who were not then present, and some + of them not yet in office, is easily explained, if we observe who they + were; to wit, that they were of New York and Pennsylvania. New York did + not sign till the 15th, because it was not till the 9th, (five days after + the general signature,) that their Convention authorized them to do so. + The Convention of Pennsylvania, learning that it had been signed by a + majority only of their delegates, named a new delegation on the 20th, + leaving out Mr. Dickinson, who had refused to sign, Willing and Humphreys, + who had withdrawn, reappointing the three members who had signed, Morris, + who had not been present, and five new ones, to wit, Rush, Clymer, Smith, + Taylor, and Ross: and Morris and the five new members were permitted to + sign, because it manifested the assent of their full delegation, and the + express will of their Convention, which might have been doubted on the + former signature of a minority only. Why the signature of Thornton, of New + Hampshire, was permitted so late as the 4th of November, I cannot now say; + but undoubtedly for some particular reason, which we should find to have + been good, had it been expressed. These were the only post-signers, and + you see, sir, that there were solid reasons for receiving those of New + York and Pennsylvania, and that this circumstance in no wise affects the + faith of this Declaratory Charter of our rights, and of the rights of man. + </p> + <p> + With a view to correct errors of fact before they become inveterate by + repetition, I have stated what I find essentially material in my papers, + but with that brevity which the labor of writing constrains me to use. + </p> + <p> + On the four particular articles of inquiry in your letter, respecting your + grandfather, the venerable Samuel Adams, neither memory nor memorandums + enable me to give any information. I can say that he was truly a great + man, wise in council, fertile in resources, immovable in his purposes, and + had, I think, a greater share than any other member, in advising and + directing our measures in the Northern war. As a speaker, he could not be + compared with his living colleague and namesake, whose deep conceptions, + nervous style, and undaunted firmness, made him truly our bulwark in + debate. But Mr. Samuel Adams, although not of fluent elocution, was so + rigorously logical, so clear in his views, abundant in good sense, and + master always of his subject, that he commanded the most profound + attention whenever he rose in an assembly, by which the froth of + declamation was heard with the most sovereign contempt. I sincerely + rejoice that the record of his worth is to be undertaken by one so much + disposed as you will be, to hand him down fairly to that posterity, for + whose liberty and happiness he was so zealous a laborer. + </p> + <p> + With sentiments of sincere veneration for his memory, accept yourself this + tribute to it, with the assurances of my great respect. + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. August 6th, 1822. Since the date of this letter, to wit, this day, + August 6, ‘22, I have received the new publication of the Secret Journals + of Congress, wherein is stated a resolution of July 19th, 1776, that the + Declaration passed on the 4th, be fairly engrossed on parchment, and when + engrossed, be signed by every member; and another of August 2nd, that + being engrossed and compared at the table, it was signed by the members; + that is to say, the copy engrossed on parchment (for durability) was + signed by the members, after being compared at the table with the original + one signed on paper, as before stated. I add this P. S. to the copy of my + letter to Mr. Wells, to prevent confounding the signature of the original + with that of the copy engrossed on parchment. + </p> + <p> + <a name="link2H_4_0006" id="link2H_4_0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE C]—August, 1774, Instructions to the first Delegation + </h2> + <p> + On the Instructions given to the first Delegation of Virginia to Congress, + in August, 1774. + </p> + <p> + The Legislature of Virginia happened to be in session in Williamsburg, + when news was received of the passage, by the British Parliament, of the + Boston Port Bill, which was to take effect on the first day of June then + ensuing. The House of Burgesses, thereupon, passed a resolution, + recommending to their fellow-citizens that that day should be set apart + for fasting and prayer to the Supreme Being, imploring him to avert the + calamities then threatening us, and to give us one heart and one mind to + oppose every invasion of our liberties. The next day, May the 20th, 1774, + the Governor dissolved us. We immediately repaired to a room in the + Raleigh tavern, about one hundred paces distant from the Capitol, formed + ourselves into a meeting, Peyton Randolph in the chair, and came to + resolutions, declaring, that an attack on one colony to enforce arbitrary + acts, ought to be considered as an attack on all, and to be opposed by the + united wisdom of all. We, therefore, appointed a Committee of + Correspondence, to address letters to the Speakers of the several Houses + of Representatives of the colonies, proposing the appointment of deputies + from each, to meet annually in a general Congress, to deliberate on their + common interests, and on the measures to be pursued in common. The members + then separated to their several homes, except those of the Committee, who + met the next day, prepared letters according to instructions, and + despatched them by messengers express, to their several destinations. It + had been agreed, also by the meeting, that the Burgesses, who should be + elected under the writs then issuing, should be requested to meet in + Convention on a certain day in August, to learn the result of these + letters, and to appoint delegates to a Congress, should that measure be + approved by the other colonies. At the election, the people re-elected + every man of the former Assembly, as a proof of their approbation of what + they had done. Before I left home to attend the Convention, I prepared + what I thought might be given, in instruction, to the Delegates who should + be appointed to attend the General Congress proposed. They were drawn in + haste, with a number of blanks, with some uncertainties and inaccuracies + of historical facts, which I neglected at the moment, knowing they could + be readily corrected at the meeting. I set out on my journey, but was + taken sick on the road, and was unable to proceed. I therefore sent on, by + express, two copies, one under cover to Patrick Henry, the other to Peyton + Randolph, who I knew would be in the chair of the Convention. Of the + former no more was ever heard or known. Mr. Henry probably thought it too + bold, as a first measure, as the majority of the members did. On the other + copy being laid on the table of the Convention, by Peyton Randolph, as the + proposition of a member who was prevented from attendance by sickness on + the road, tamer sentiments were preferred, and, I believe, wisely + preferred; the leap I proposed being too long, as yet, for the mass of our + citizens. The distance between these, and the instructions actually + adopted, is of some curiosity, however, as it shows the inequality of pace + with which we moved, and the prudence required to keep front and rear + together. My creed had been formed on unsheathing the sword at Lexington. + They printed the paper, however, and gave it the title of ‘A Summary View + of the Rights of British America.’ In this form it got to London, where + the opposition took it up, shaped it to opposition views, and, in that + form, it ran rapidly through several editions. + </p> + <p> + Mr. Marshall, in his history of General Washington, chapter 3, speaking of + this proposition for Committees of correspondence and for a General + Congress, says, ‘this measure had already been proposed in town meeting in + Boston,’ and some pages before he had said, that ‘at a session of the + General Court of Massachusetts, in September, 1770, that Court, in + pursuance of a favorite idea of uniting all the colonies in one system of + measures, elected a Committee of correspondence, to communicate with such + Committees as might be appointed by the other colonies.’ This is an error. + The Committees of correspondence, elected by Massachusetts, were expressly + for a correspondence among the several towns of that province only. + Besides the text of their proceedings, his own note X, proves this. The + first proposition for a general correspondence between the several states, + and for a General Congress, was made by our meeting of May, 1774. Botta, + copying Marshall, has repeated his error, and so it will be handed on from + copyist to copyist, <i>ad infinitum</i>. Here follow my proposition, and + the more prudent one which was adopted. + </p> + <p> + ‘Resolved, That it be an instruction to the said deputies, when assembled + in General Congress, with the deputies from the other states of British + America, to propose to the said Congress that an humble and dutiful + address be presented to his Majesty, begging leave to lay before him, as + Chief Magistrate of the British empire, the united complaints of his + Majesty’s subjects in America; complaints which are excited by many + unwarrantable encroachments and usurpations, attempted to be made by the + legislature of one part of the empire upon the rights which God and the + laws have given equally and independently to all. To represent to his + Majesty that, these, his States, have often individually made humble + application to his imperial throne, to obtain, through its intervention, + some redress of their injured rights; to none of which was ever even an + answer condescended. Humbly to hope that this, their joint address, penned + in the language of truth, and divested of those expressions of servility + which would persuade his Majesty that we are asking favors, and not + rights, shall obtain from his Majesty a more respectful acceptance; and + this his Majesty will think we have reason to expect, when he reflects + that he is no more than the chief officer of the people, appointed by the + laws, and circumscribed with definite powers, to assist in working the + great machine of government, erected for their use, and, consequently, + subject to their superintendence; and in order that these, our rights, as + well as the invasions of them, may be laid more fully before his Majesty, + to take a view of them from the origin and first settlement of these + countries. + </p> + <p> + ‘To remind him that our ancestors, before their emigration to America, + were the free inhabitants of the British dominions in Europe, and + possessed a right, which nature has given to all men, of departing from + the country in which chance, not choice, has placed them, of going in + quest of new habitations, and of there establishing new societies, under + such laws and regulations, as to them shall seem most likely to promote + public happiness. That their Saxon ancestors had, under this universal + law, in like manner left their native wilds and woods in the North of + Europe, had possessed themselves of the island of Britain, then less + charged with inhabitants, and had established there that system of laws + which has so long been the glory and protection of that country. Nor was + ever any claim of superiority or dependence asserted over them, by that + mother country from which they had migrated: and were such a claim made, + it is believed his Majesty’s subjects in Great Britain have too firm a + feeling of the rights derived to them from their ancestors, to bow down + the sovereignty of their state before such visionary pretensions. And it + is thought that no circumstance has occurred to distinguish, materially, + the British from the Saxon emigration. America was conquered, and her + settlements made and firmly established, at the expense of individuals, + and not of the British public. Their own blood was spilt in acquiring + lands for their settlement, their own fortunes expended in making that + settlement effectual. For themselves they fought, for themselves they + conquered, and for themselves alone they have right to hold. No shilling + was ever issued from the public treasures of his Majesty, or his + ancestors, for their assistance, till of very late times, after the + colonies had become established on a firm and permanent fooling. That + then, indeed, having become valuable to Great Britain for her commercial + purposes, his Parliament was pleased to lend them assistance, against an + enemy who would fain have drawn to herself the benefits of their commerce, + to the great aggrandizement of herself, and danger of Great Britain. Such + assistance, and in such circumstances, they had often before given to + Portugal and other allied states, with whom they carry on a commercial + intercourse. Yet these states never supposed, that by calling in her aid, + they thereby submitted themselves to her sovereignty. Had such terms been + proposed, they would have rejected them with disdain, and trusted for + better to the moderation of their enemies, or to a vigorous exertion of + their own force. We do not, however, mean to underrate those aids, which, + to us, were doubtless valuable, on whatever principles granted: but we + would show that they cannot give a title to that authority which the + British Parliament would arrogate over us; and that they may amply be + repaid, by our giving to the inhabitants of Great Britain such exclusive + privileges in trade as may be advantageous to them, and, at the same time, + not too restrictive to ourselves. That settlement having been thus + effected in the wilds of America, the emigrants thought proper to adopt + that system of laws, under which they had hitherto lived in the mother + country, and to continue their union with her, by submitting themselves to + the same common sovereign, who was thereby made the central link, + connecting the several parts of the empire thus newly multiplied. + </p> + <p> + ‘But that not long were they permitted, however far they thought + themselves removed from the hand of oppression, to hold undisturbed, the + rights thus acquired at the hazard of their lives and loss of their + fortunes. A family of Princes was then on the British throne, whose + treasonable crimes against their people brought on them, afterwards, the + exertion of those sacred and sovereign rights of punishment, reserved in + the hands of the people for cases of extreme necessity, and judged by the + constitution unsafe to be delegated to any other judicature. While every + day brought forth some new and unjustifiable exertion of power over their + subjects on that side the water, it, was not to be expected that those + here, much less able at that time to oppose the designs of despotism, + should be exempted from injury. Accordingly, this country, which had been + acquired by the lives, the labors, and fortunes of individual adventurers, + was by these Princes, at several times, parted out and distributed among + the favorites and followers of their fortunes; and, by an assumed right of + the crown alone, were erected into distinct and independent governments; a + measure, which, it is believed, his Majesty’s prudence and understanding + would prevent him from imitating at this day; as no exercise of such + power, of dividing and dismembering a country, has ever occurred in his + Majesty’s realm of England, though now of very ancient standing; nor could + it be justified or acquiesced under there, or in any other part of his + Majesty’s empire. + </p> + <p> + ‘That the exercise of a free trade with all parts of the world, possessed + by the American colonists, as of natural right, and which no law of their + own had taken away or abridged, was next the object of unjust + encroachment. Some of the colonies having thought proper to continue the + administration of their government in the name and under the authority of + his Majesty, King Charles the First, whom, notwithstanding his late + deposition by the Commonwealth of England, they continued in the + sovereignty of their State, the Parliament, for the Commonwealth, took the + same in high offence, and assumed upon themselves the power of prohibiting + their trade with all other parts of the world, except the Island of Great + Britain. This arbitrary act, however, they soon recalled, and by solemn + treaty entered into on the 12th day of March, 1651, between the said + Commonwealth by their Commissioners, and the colony of Virginia by their + House of Burgesses, it was expressly stipulated by the eighth article of + the said treaty, that they should have “free trade as the people of + England do enjoy to all places and with all nations, according to the laws + of that Commonwealth.” But that, upon the restoration of his Majesty, King + Charles the Second, their rights of free commerce fell once more a victim + to arbitrary power: and by several acts of his reign, as well as of some + of his successors, the trade of the colonies was laid under such + restrictions, as show what hopes they might form from the justice of a + British Parliament, were its uncontrolled power admitted over these + States.* + </p> +<pre xml:space="preserve"> + *12. C.2. c. 18. 15. C.2. c.11. 25. C.2. c.7. 7. 8. W. M. + c.22. 11. W.34. Anne. 6. C.2. c.13. +</pre> + <p> + History has informed us, that bodies of men, as well as individuals, are + susceptible of the spirit of tyranny. A view of these acts of Parliament + for regulation, as it has been affectedly called, of the American trade, + if all other evidences were removed out of the case, would undeniably + evince the truth of this observation. Besides the duties they impose on + our articles of export and import, they prohibit our going to any markets + northward of Cape Finisterra, in the kingdom of Spain, for the sale of + commodities which Great Britian will not take from us, and for the + purchase of others, with which she cannot supply us; and that, for no + other than the arbitrary purpose of purchasing for themselves, by a + sacrifice of our rights and interests, certain privileges in their + commerce with an allied state, who, in confidence that their exclusive + trade with America will be continued, while the principles and power of + the British Parliament be the same, have indulged themselves in every + exorbitance which their avarice could dictate, or our necessities extort; + have raised their commodities called for in America, to the double and + treble of what they sold for, before such exclusive privileges were given + them, and of what better commodities of the same kind would cost us + elsewhere; and, at the same time, give us much less for what we carry + thither, than might be had at more convenient ports. That these acts + prohibit us from carrying, in quest of other purchasers, the surplus of + our tobaccos, remaining after the consumption of Great Britain is + supplied: so that we must leave them with the British merchant, for + whatever he will please to allow us, to be by him re-shipped to foreign + markets, where he will reap the benefits of making sale of them for full + value. That, to heighten still the idea of Parliamentary justice, and to + show with what moderation they are like to exercise power, where + themselves are to feel no part of its weight, we take leave to mention to + his Majesty certain other acts of the British Parliament, by which they + would prohibit us from manufacturing, for our own use, the articles we + raise on our own lands, with our own labor. By an act passed in the fifth + year of the reign of his late Majesty, King George the Second, an American + subject is forbidden to make a hat for himself, of the fur which he has + taken, perhaps on his own soil; an instance of despotism, to which no + parallel can be produced in the most arbitrary ages of British history. By + one other act, passed in the twenty-third year of the same reign, the iron + which we make, we are forbidden to manufacture; and, heavy as that article + is, and necessary in every branch of husbandry, besides commission and + insurance, we are to pay freight for it to Great Britain, and freight for + it back again, for the purpose of supporting, not men, but machines, in + the island of Great Britain. In the same spirit of equal and impartial + legislation, is to be viewed the act of Parliament, passed in the fifth + year of the same reign, by which American lands are made subject to the + demands of British creditors, while their own lands were still continued + unanswerable for their debts; from which one of these conclusions must + necessarily follow, either that justice is not the same thing in America + as in Britain, or else that the British Parliament pay less regard to it + here than there. But, that we do not point out to his Majesty the + injustice of these acts, with intent to rest on that principle the cause + of their nullity; but to show that experience confirms the propriety of + those political principles, which exempt us from the jurisdiction of the + British Parliament. The true ground on which we declare these acts void, + is, that the British Parliament has no right to exercise authority over + us. + </p> + <p> + ‘That these exercises of usurped power have not been confined to instances + alone, in which themselves were interested; but they have also + intermeddled with the regulation of the internal affairs of the colonies. + The act of the 9th of Anne for establishing a post-office in America seems + to have had little connection with British convenience, except that of + accommodating his Majesty’s ministers and favorites with the sale of a + lucrative and easy office. + </p> + <p> + ‘That thus have we hastened through the reigns which preceded his + Majesty’s, during which the violations of our rights were less alarming, + because repeated at more distant intervals, than that rapid and bold + succession of injuries, which is likely to distinguish the present from + all other periods of American story. Scarcely have our minds been able to + emerge from the astonishment, into which one stroke of Parliamentary + thunder has involved us, before another more heavy and more alarming is + fallen on us. Single acts of tyranny may be ascribed to the accidental + opinion of a day; but a series of oppressions, begun at a distinguished + period, and pursued unalterably through every change of ministers, too + plainly prove a deliberate, systematical plan of reducing us to slavery. + </p> + <p> + <a name="linkimage-0016" id="linkimage-0016"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page107.jpg" + alt="Acts of King George and Parliament, Page107 " width="100%" /><br /> + </div> + <p> + ‘That the act passed in the fourth year of his Majesty’s reign, entitled + “an act [ Act for granting certain duties.] + </p> + <p> + ‘One other act passed in the fifth year of his reign, entitled “an act + [Stamp Act.] + </p> + <p> + ‘One other act passed in the sixth year of his reign, entitled “an act + [Act declaring the right of Parliament over the colonies.] + </p> + <p> + ‘And one other act passed in the seventh year of his reign, entitled an + act [ Act for granting duties on paper, tea, &c. + </p> + <p> + ‘Form that connected chain of parliamentary usurpation, which has already + been the subject of frequent applications to his Majesty, and the Houses + of Lords and Commons of Great Britain; and, no answers having yet been + condescended to any of these, we shall not trouble his Majesty with a + repetition of the matters they contained. + </p> + <p> + ‘But that one other act passed in the same seventh year of his reign, + having been a peculiar attempt, must ever require peculiar mention. It is + entitled “an act [Act suspending Legislature of New York.] + </p> + <p> + ‘One free and independent legislature hereby takes upon itself to suspend + the powers of another, free and independent as itself. Thus exhibiting a + phenomenon unknown in nature, the creator and creature of its own power. + Not only the principles of common sense, but the common feelings of human + nature must be surrendered up, before his Majesty’s subjects here can be + persuaded to believe, that they hold their political existence at the will + of a British Parliament. Shall these governments be dissolved, their + property annihilated, and their people reduced to a state of nature, at + the imperious breath of a body of men whom they never saw, in whom they + never confided, and over whom they have no powers of punishment or + removal, let their crimes against the American public be ever so great? + Can any one reason be assigned, why one hundred and sixty thousand + electors in the island of Great Britain should give law to four millions + in the states of America, every individual of whom is equal to every + individual of them in virtue, in understanding, and in bodily strength? + Were this to be admitted, instead of being a free people, as we have + hitherto supposed, and mean to continue ourselves, we should suddenly be + found the slaves, not of one, but of one hundred and sixty thousand + tyrants; distinguished, too, from all others, by this singular + circumstance, that they are removed from the reach of fear, the only + restraining motive which may hold the hand of a tyrant. + </p> + <p> + ‘That, by “an act to discontinue in such manner, and for such time as are + therein mentioned, the landing and discharging, lading or shipping of + goods, wares, and merchandise, at the town and within the harbor of + Boston, in the province of Massachusetts Bay, in North America,” [14 G.3.] + which was passed at the last session of the British Parliament, a large + and populous town, whose trade was their sole subsistence, was deprived of + that trade, and involved in utter ruin. Let us for a while, suppose the + question of right suspended, in order to examine this act on principles of + justice. An act of Parliament had been passed, imposing duties on teas, to + be paid in America, against which act the Americans had protested, as + inauthoritative. The East India Company, who till that time had never sent + a pound of tea to America on their own account, step forth on that + occasion, the asserters of Parliamentary right, and send hither many + ship-loads of that obnoxious commodity. The masters of their several + vessels, however, on their arrival in America, wisely attended to + admonition, and returned with their cargoes. In the province of New + England alone, the remonstrances of the people were disregarded, and a + compliance, after being many days waited for, was flatly refused. Whether + in this, the master of the vessel was governed by his obstinacy, or his + instructions, let those who know, say. There are extraordinary situations + which require extraordinary interposition. An exasperated people, who feel + that they possess power, are not easily restrained within limits strictly + regular. A number of them assembled in the town of Boston, threw the tea + into the ocean, and dispersed without doing any other act of violence. If + in this they did wrong, they were known, and were amenable to the laws of + the land; against which, it could not be objected that they had ever, in + any instance, been obstructed or diverted from their regular course, in + favor of popular offenders. They should, therefore, not have been + distrusted on this occasion. But that ill-fated colony had formerly been + bold in their enmities against the House of Stuart, and were now devoted + to ruin, by that unseen hand which governs the momentous affairs of this + great empire. On the partial representations of a few worthless + ministerial dependants, whose constant office it has been to keep that + government embroiled, and who, by their treacheries, hope to obtain the + dignity of British knighthood, without calling for a party accused, + without asking a proof, without attempting a distinction between the + guilty and the innocent, the whole of that ancient and wealthy town, is in + a moment reduced from opulence to beggary. Men who had spent their lives + in extending the British commerce, who had invested in that place, the + wealth their honest endeavors had merited, found themselves and their + families, thrown at once on the world, for subsistence by its charities. + Not the hundredth part of the inhabitants of that town had been concerned + in the act complained of; many of them were in Great Britain, and in other + parts beyond sea; yet all were involved in one indiscriminate ruin, by a + new executive power, unheard of till then, that of a British Parliament. A + property of the value of many millions of money was sacrificed to revenge, + not to repay, the loss of a few thousands. This is administering justice + with a heavy hand indeed! And when is this tempest to be arrested in its + course? Two wharves are to be opened again when his Majesty shall think + proper: the residue which lined the extensive shores of the bay of Boston, + are for ever interdicted the exercise of commerce. This little exception + seems to have been thrown in for no other purpose, than that of setting a + precedent for investing his Majesty with legislative powers. If the pulse + of his people shall beat calmly under this experiment, another and another + will be tried, till the measure of despotism be filled up. It would be an + insult on common sense, to pretend that this exception was made in order + to restore its commerce to that great town. The trade which cannot be + received at two wharves alone, must of necessity be transferred to some + other place; to which it will soon be followed by that of the two wharves. + Considered in this light, it would be an insolent and cruel mockery at the + annihilation of the town of Boston. By the act for the suppression of + riots and tumults in the town of Boston, [14 G.3.] passed also in the last + session of Parliament, a murder committed there, is, if the Governor + pleases, to be tried in the court of King’s Bench, in the island of Great + Britain, by a jury of Middlesex. The witnesses, too, on receipt of such a + sum as the Governor shall think it reasonable for them to expend, are to + enter into recognisance to appear at the trial. This is, in other words, + taxing them to the amount of their recognisance; and that amount may be + whatever a Governor pleases. For who does his Majesty think can be + prevailed on to cross the Atlantic, for the sole purpose of bearing + evidence to a fact? His expenses are to be borne, indeed, as they shall be + estimated by a Governor; but who are to feed the wife and children whom he + leaves behind, and who have had no other subsistence but his daily labor? + Those epidemical disorders, too, so terrible in a foreign climate, is the + cure of them to be estimated among the articles of expense, and their + danger to be warded off by the almighty power of a Parliament? And the + wretched criminal, if he happen to have offended on the American side, + stripped of his privilege of trial by peers of his vicinage, removed from + the place where alone full evidence could be obtained, without money, + without counsel, without friends, without exculpatory proof, is tried + before Judges predetermined to condemn. The cowards who would suffer a + countryman to be torn from the bowelss of their society, in order to be + thus offered a sacrifice to Parliamentary tyranny, would merit that + everlasting infamy now fixed on the authors of the act! A clause, for a + similar purpose, had been introduced into an act passed in the twelfth + year of his Majesty’s reign, entitled, “an act for the better securing and + preserving his Majesty’s dock-yards, magazines, ships, ammunition, and + stores;” against which, as meriting the same censures, the several + colonies have already protested. + </p> + <p> + ‘That these are the acts of power, assumed by a body of men foreign to our + constitutions, and unacknowledged by our laws; against which we do, on + behalf of the inhabitants of British America, enter this our solemn and + determined protest. And we do earnestly entreat his Majesty, as yet the + only mediatory power between the several states of the British empire, to + recommend to his Parliament of Great Britain, the total revocation of + these acts, which, however nugatory they be, may yet prove the cause of + further discontents and jealousies among us. + </p> + <p> + ‘That we next proceed to consider the conduct of his Majesty, as holding + the Executive powers of the laws of these states, and mark out his + deviations from the line of duty. By the constitution of Great Britain, as + well as of the several American States, his Majesty possesses the power of + refusing to pass into a law, any bill which has already passed the other + two branches of the legislature. His Majesty, however, and his ancestors, + conscious of the impropriety of opposing their single opinion to the + united wisdom of two Houses of Parliament, while their proceedings were + unbiased by interested principles, for several ages past, have modestly + declined the exercise of this power, in that part of his empire called + Great Britain. But, by change of circumstances, other principles than + those of justice simply, have obtained an influence on their + determinations. The addition of new states to the British empire, has + produced an addition of new, and sometimes, opposite interests. It is now, + therefore, the great office of his Majesty, to resume the exercise of his + negative power, and to prevent the passage of laws by any one legislature + of the empire, which might bear injuriously on the rights and interests of + another. Yet this will not excuse the wanton exercise of this power, which + we have seen his Majesty practise on the laws of the American + legislatures. For the most trifling reasons, and sometimes for no + conceivable reason at all, his Majesty has rejected laws of the most + salutary tendency. The abolition of domestic slavery is the great object + of desire in those colonies, where it was, unhappily, introduced in their + infant state. But previous to the enfranchisement of the slaves we have, + it is necessary to exclude all further importations from Africa. Yet our + repeated attempts to effect this, by prohibitions, and by imposing duties + which might amount to a prohibition, have been hitherto defeated by his + Majesty’s negative: thus preferring the immediate advantages of a few + British corsairs to the lasting interests of the American States, and to + the rights of human nature, deeply wounded by this infamous practice. Nay, + the single interposition of an interested individual against a law, was + scarcely ever known to fail of success, though in the opposite scale were + placed the interests of a whole country. That this is so shameful an abuse + of a power, trusted with his Majesty for other purposes, as if, not + reformed, would call for some legal restrictions. + </p> + <p> + ‘With equal inattention to the necessities of his people here, has his + Majesty permitted our laws to lie neglected in England for years, neither + confirming them by his assent, nor annulling them by his negative: so that + such of them as have no suspending clause, we hold on the most precarious + of all tenures, his Majesty’s will; and such of them as suspend themselves + till his Majesty’s assent be obtained, we have feared might be called into + existence at some future and distant period, when time and change of + circumstances shall have rendered them destructive to his people here. + And, to render this grievance still more oppressive, his Majesty, by his + instructions, has laid his Governors under such restrictions, that they + can pass no law of any moment, unless it have such suspending clause: so + that, however immediate may be the call for legislative interposition, the + law cannot be executed till it has twice crossed the Atlantic, by which + time the evil may have spent its whole force. + </p> + <p> + ‘But in what terms reconcilable to Majesty, and,at the same time to truth, + shall we speak of a late instruction to his Majesty’s Governor of the + colony of Virginia, by which he is forbidden to assent to any law for the + division of a county, unless the new county will consent to have no + representative in Assembly? That colony has as yet affixed no boundary to + the westward. Their Western counties, therefore, are of indefinite extent. + Some of them are actually seated many hundred miles from their Eastern + limits. Is it possible, then that his Majesty can have bestowed a single + thought on the situation of those people, who, in order to obtain justice + for injuries, however great or small, must, by the laws of that colony, + attend their county court at such a distance, with all their witnesses, + monthly, till their litigation be determined? Or does his Majesty + seriously wish, and publish it to the world, that his subjects should give + up the glorious right of representation, with all the benefits derived + from that, and submit themselves to be absolute slaves of his sovereign + will? Or is it rather meant to confine the legislative body to their + present numbers, that they may be the cheaper bargain, whenever they shall + become worth a purchase? + </p> + <p> + ‘One of the articles of impeachment against Tresilian and the other Judges + of Westminster Hall, in the reign of Richard the Second, for which they + suffered death, as traitors to their country, was, that they had advised + the King that he might dissolve his Parliament at any time: and succeeding + Kings have adopted the opinion of these unjust Judges. Since the + establishment, however, of the British constitution, at the glorious + Revolution, on its free and ancient principles, neither his Majesty nor + his ancestors have exercised such a power of dissolution in the island of + Great Britain;* and, when his Majesty was petitioned by the united voice + of his people there to dissolve the present Parliament, who had become + obnoxious to them, his Ministers were heard to declare, in open + Parliament, that his Majesty possessed no such power by the constitution. + But how different their language, and his practice, here! To declare, as + their duty required, the known rights of their country, to oppose the + usurpation of every foreign judicature, to disregard the imperious + mandates of a Minister or Governor, have been the avowed causes of + dissolving Houses of Representatives in America. But if such powers be + really vested in his Majesty, can he suppose they are there placed to awe + the members from such purposes as these? When the representative body have + lost the confidence of their constituents, when they have notoriously made + sale of their most valuable rights, when they have assumed to themselves + powers which the people never put into their hands, then, indeed, their + continuing in office becomes dangerous to the state, and calls for an + exercise of the power of dissolution. Such being the causes for which the + representative body should, and should not, be dissolved, will it not + appear strange, to an unbiassed observer, that that of Great Britain was + not dissolved, while those of the colonies have repeatedly incurred that + sentence? + </p> +<pre xml:space="preserve"> + * On further inquiry, I find two instances of dissolutions + before the Parliament would, of itself, have been at an end: + viz. the Parliament called to meet August 24, 1698, was + dissolved by King William, December 19, 1700, and a new one + called, to meet February 6, 1701, which was also dissolved + November 11, 1701, and a new one met December 30, 1701. +</pre> + <p> + But your Majesty or your Governors have carried this power beyond every + limit known or provided for by the laws. After dissolving one House of + Representatives, they have refused to call another, so that, for a great + length of time, the legislature provided by the laws has been out of + existence. From the nature of things, every society must at all times + possess within itself the sovereign powers of legislation. The feelings of + human nature revolt against the supposition of a state so situated, as + that it may not, in any emergency, provide against dangers which perhaps + threaten immediate ruin. While those bodies are in existence to whom the + people have delegated the powers of legislation, they alone possess, and + may exercise, those powers. But when they are dissolved, by the lopping + off one or more of their branches, the power reverts to the people, who + may use it to unlimited extent, either assembling together in person, + sending deputies, or in any other way they may think proper. We forbear to + trace consequences further; the dangers are conspicuous with which this + practice is replete. + </p> + <p> + ‘That we shall, at this time also, take notice of an error in the nature + of our land-holdings, which crept in at a very early period of our + settlement. The introduction of the feudal tenures into the kingdom of + England, though ancient, is well enough understood to set this matter in a + proper light. In the earlier ages of the Saxon settlement, feudal holdings + were certainly altogether unknown, and very few, if any, had been + introduced at the time of the Norman conquest. Our Saxon ancestors held + their lands, as they did their personal property, in absolute dominion, + disencumbered with any superior, answering nearly to the nature of those + possessions which the Feudalists term Allodial. William the Norman first + introduced that system generally. The lands which had belonged to those + who fell in the battle of Hastings, and in the subsequent insurrections of + his reign, formed a considerable proportion of the lands of the whole + kingdom. These he granted out, subject to feudal duties, as did he also + those of a great number of his new subjects, who, by persuasions or + threats, were induced to surrender them for that purpose. But still much + was left in the hands of his Saxon subjects, held of no superior, and not + subject to feudal conditions. These, therefore, by express laws, enacted + to render uniform the system of military defence, were made liable to the + same military duties as if they had been feuds: and the Norman lawyers + soon found means to saddle them, also, with all the other feudal burthens. + But still they had not been surrendered to the King, they were not derived + from his grant, and therefore they were not holden of him. A general + principle, indeed, was introduced, that “all lands in England were held + either mediately or immediately of the Crown:” but this was borrowed from + those holdings which were truly feudal, and only applied to others for the + purposes of illustration. Feudal holdings were, therefore, but exceptions + out of the Saxon laws of possession, under which all lands were held in + absolute right. These, therefore, still form the basis or groundwork of + the common law, to prevail wheresoever the exceptions have not taken + place. America was not conquered by William the Norman, nor its lands + surrendered to him or any of his successors. Possessions there are, + undoubtedly, of the Allodial nature. Our ancestors, however, who migrated + hither, were laborers, not lawyers. The fictitious principle, that all + lands belong originally to the King, they were early persuaded to believe + real, and accordingly took grants of their own lands from the Crown. And + while the Crown continued to grant for small sums and on reasonable rents, + there was no inducement to arrest the error, and lay it open to public + view. But his Majesty has lately taken on him to advance the terms of + purchase and of holding to the double of what they were; by which means + the acquisition of lands being rendered difficult, the population of our + country is likely to be checked. It is time, therefore, for us to lay this + matter before his Majesty, and to declare that he has no right to grant + lands of himself. From the nature and purpose of civil institutions, all + the lands within the limits which any particular society has circumscribed + around itself, are assumed by that society, and subject to their + allotment; this may be done by themselves assembled collectively, or by + their legislature, to whom they may have delegated sovereign authority: + and, if they are allotted in neither of these ways, each individual of the + society may appropriate to himself such lands as he finds vacant, and + occupancy will give him title. + </p> + <p> + ‘That, in order to enforce the arbitrary measures before complained of, + his Majesty has, from time to time, sent among us large bodies of armed + forces, not made up of the people here, nor raised by the authority of our + laws. Did his Majesty possess such a right as this, it might swallow up + all our other rights whenever he should think proper. But his Majesty has + no right to land a single armed man on our shores; and those whom he sends + here are liable to our laws for the suppression and punishment of riots, + routs, and unlawful assemblies, or are hostile bodies invading us in + defiance of law. When, in the course of the late war, it became expedient + that a body of Hanoverian troops should be brought over for the defence of + Great Britain, his Majesty’s grandfather, our late sovereign, did not + pretend to introduce them under any authority he possessed. Such a measure + would have given just alarm to his subjects of Great Britain, whose + liberties would not be safe if armed men of another country, and of + another spirit, might be brought into the realm at any time, without the + consent, of their legislature. He, therefore, applied to Parliament, who + passed an act for that purpose, limiting the number to be brought in, and + the time they were to continue. In like manner is his Majesty restrained + in every part of the empire. He possesses indeed the executive power of + the laws in every state; but they are the laws of the particular state, + which he is to administer within that state, and not those of any one + within the limits of another. Every state must judge for itself, the + number of armed men which they may safely trust among them, of whom they + are to consist, and under what restrictions they are to be laid. To render + these proceedings still more criminal against our laws, instead of + subjecting the military to the civil power, his Majesty has expressly made + the civil subordinate to the military. But can his Majesty thus put down + all law under his feet? Can he erect a power superior to that which + erected himself? He has done it indeed by force; but let him remember that + force cannot give right. + </p> + <p> + ‘That these are our grievances, which we have thus laid before his + Majesty, with that freedom of language and sentiment which becomes a free + people, claiming their rights as derived from the laws of nature, and not + as the gift of their Chief Magistrate. Let those flatter, who fear: it is + not an American art. To give praise where it is not due, might be well + from the venal, but would ill beseem those who are asserting the rights of + human nature. They know, and will, therefore, say, that Kings are the + servants, not the proprietors of the people. Open your breast, Sire, to + liberal and expanded thought. Let not the name of George the Third be a + blot on the page of history. You are surrounded by British counsellors, + but remember that they are parties. You have no ministers for American + affairs, because you have none taken from among us, nor amenable to the + laws on which they are to give you advice. It behoves you, therefore, to + think and to act for yourself and your people. The great principles of + right and wrong are legible to every reader: to pursue them, requires not + the aid of many counsellors. The whole art of government consists in the + art of being honest. Only aim to do your duty, and mankind will give you + credit where you fail. No longer persevere in sacrificing the rights of + one part of the empire, to the inordinate desires of another: but deal out + to all, equal and impartial right. Let no act be passed by any one + legislature, which may infringe on the rights and liberties of another. + This is the important post in which fortune has placed you, holding the + balance of a great, if a well poised empire. This, Sire, is the advice of + your great American council, on the observance of which may, perhaps, + depend your felicity and future fame, and the preservation of that harmony + which alone can continue, both to Great Britain and America, the + reciprocal advantages of their connection. It is neither our wish nor our + interest to separate from her. We are willing, on our part, to sacrifice + every thing which reason can ask, to the restoration of that tranquillity + for which all must wish. On their part, let them be ready to establish + union on a generous plan. Let them name their terms, but let them be just. + Accept of every commercial preference it is in our power to give, for such + things as we can raise for their use, or they make for ours. But let them + not think to exclude us from going to other markets, to dispose of those + commodities which they cannot use, nor to supply those wants which they + cannot supply. Still less, let it be proposed, that our properties, within + our own territories, shall be taxed or regulated by any power on earth, + but our own. The God who gave us life, gave us liberty at the same time: + the hand of force may destroy, but cannot disjoin them. This, Sire, is our + last, our determined resolution. And that you will be pleased to + interpose, with that efficacy which your earnest endeavors may insure, to + procure redress of these our great grievances, to quiet the minds of your + subjects in British America against any apprehensions of future + encroachment, to establish fraternal love and harmony through the whole + empire, and that that may continue to the latest ages of time, is the + fervent prayer of all British America,’ + </p> + <p> + <a name="link2H_4_0007" id="link2H_4_0007"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE D.]—August, 1774., Instructions for the Deputies + </h2> + <p> + Instructions for the Deputies appointed to meet in General Congress on the + Part of this Colony. + </p> + <p> + The unhappy disputes between Great Britain and her American colonies, + which began about the third year of the reign of his present Majesty, and + since, continually increasing, have proceeded to lengths so dangerous and + alarming, as to excite just apprehensions in the minds of his Majesty’s + faithful subjects of this colony, that they are in danger of being + deprived of their natural, ancient, constitutional, and chartered rights, + have compelled them to take the same into their most serious + consideration; and, being deprived of their usual and accustomed mode of + making known their grievances, have appointed us their representatives, to + consider what is proper to be done in this dangerous crisis of American + affairs. It being our opinion that the united wisdom of North America + should be collected in a general congress of all the colonies, we have + appointed the Honorable Peyton Randolph, Richard Henry Lee, George + Washington, Patrick Henry, Richard Bland, Benjamin Harrison, and Edmund + Pendleton, Esquires, deputies to represent this colony in the said + Congress, to be held at Philadelphia, on the first Monday in September + next. + </p> + <p> + And that they may be the better informed of our sentiments, touching the + conduct we wish them to observe on this important occasion, we desire that + they will express, in the first place, our faith and true allegiance to + his Majesty, King George the Third, our lawful and rightful sovereign; and + that we are determined, with our lives and fortunes, to support him in the + legal exercise of all his just rights and prerogatives. And, however + misrepresented, we sincerely approve of a constitutional connection with + Great Britain, and wish, most ardently, a return of that intercourse of + affection and commercial connection, that formerly united both countries, + which can only be effected by a removal of those causes of discontent, + which have of late unhappily divided us. + </p> + <p> + It cannot admit of a doubt, but that British subjects in America are + entitled to the same rights and privileges, as their fellow subjects + possess in Britain; and therefore, that the power assumed by the British + Parliament, to bind America by their statutes, in all cases whatsoever, is + unconstitutional, and the source of these unhappy differences. + </p> + <p> + The end of government would be defeated by the British Parliament + exercising a power over the lives, the property, and the liberty of + American subjects; who are not, and, from their local circumstances, + cannot be, there represented. Of this nature, we consider the several acts + of Parliament, for raising a revenue in America, for extending the + jurisdiction of the courts of Admiralty, for seizing American subjects, + and transporting them to Britain, to be tried for crimes committed in + America, and the several late oppressive acts respecting the town of + Boston and Province of the Massachusetts Bay. + </p> + <p> + The original constitution of the American colonies possessing their + assemblies with the sole right of directing their internal polity, it is + absolutely destructive of the end of their institution, that their + legislatures should be suspended, or prevented, by hasty dissolutions, + from exercising their legislative powers. + </p> + <p> + Wanting the protection of Britain, we have long acquiesced in their acts + of navigation, restrictive of our commerce, which we consider as an ample + recompense for such protection; but as those acts derive their efficacy + from that foundation alone, we have reason to expect they will be + restrained, so as to produce the reasonable purposes of Britain, and not + injurious to us. + </p> + <p> + To obtain redress of these grievances, without which the people of America + can neither be safe, free, nor happy, they are willing to undergo the + great inconvenience that will be derived to them, from stopping all + imports whatsoever, from Great Britain, after the first day of November + next, and also to cease exporting any commodity whatsoever, to the same + place, after the tenth day of August, 1775. The earnest desire we have to + make as quick and full payment as possible of our debts to Great Britain, + and to avoid the heavy injury that would arise to this country from an + earlier adoption of the non-exportation plan, after the people have + already applied so much of their labor to the perfecting of the present + crop, by which means they have been prevented from pursuing other methods + of clothing and supporting their families, have rendered it necessary to + restrain you in this article of non-exportation; but it is our desire, + that you cordially co-operate with our sister colonies in General + Congress, in such other just and proper methods as they, or the majority, + shall deem necessary for the accomplishment of these valuable ends. + </p> + <p> + The proclamation issued by General Gage, in the government of the Province + of the Massachusetts Bay, declaring it treason for the inhabitants of that + province to assemble themselves to consider of their grievances, and form + associations for their common conduct on the occasion, and requiring the + civil magistrates and officers to apprehend all such persons, to be tried + for their supposed offences, is the most alarming process that ever + appeared in a British government; that the said General Gage hath, + thereby, assumed, and taken upon himself, powers denied by the + constitution to our legal sovereign; that he, not having condescended to + disclose by what authority he exercises such extensive and unheard-of + powers, we are at a loss to determine, whether he intends to justify + himself as the representative of the King, or as the Commander in Chief of + his Majesty’s forces in America. If he considers himself as acting in the + character of his Majesty’s representative, we would remind him that the + statute 25 Edward the Third has expressed and defined all treasonable + offences, and that the legislature of Great Britain hath declared, that no + offence shall be construed to be treason, but such as is pointed out by + that statute, and that this was done to take out of the hands of + tyrannical Kings, and of weak and wicked Ministers, that deadly weapon, + which constructive treason had furnished them with, and which had drawn + the blood of the best and honestest men in the kingdom; and that the King + of Great Britain hath no right by his proclamation to subject his people + to imprisonment, pains, and penalties. + </p> + <p> + That if the said General Gage conceives he is empowered to act in this + manner, as the Commander in Chief of his Majesty’s forces in America, this + odious and illegal proclamation must be considered as a plain and full + declaration, that this despotic Viceroy will be bound by no law, nor + regard the constitutional rights of his Majesty’s subjects, whenever they + interfere with the plan he has formed for oppressing the good people of + the Massachusetts Bay; and, therefore, that the executing, or attempting + to execute, such proclamation, will justify resistance and reprisal. + </p> + <p> + <a name="link2H_4_0008" id="link2H_4_0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE E.]—Monticello, November 1, 1778.—[Re: Crimes and + Punishment] + </h2> + <p> + Dear Sir, + </p> + <p> + I have got through the bill ‘for proportioning crimes and punishments in + cases heretofore capital,’ and now enclose it to you with a request that + you will be so good, as scrupulously to examine and correct it, that it + may be presented to our committee, with as few defects as possible. In its + style, I have aimed at accuracy, brevity, and simplicity, preserving, + however, the very words of the established law, wherever their meaning had + been sanctioned by judicial decisions, or rendered technical by usage. The + same matter, if couched in the modern statutory language, with all its + tautologies, redundancies, and circumlocutions, would have spread itself + over many pages, and been unintelligible to those whom it most concerns. + Indeed, I wished to exhibit a sample of reformation in the barbarous + style, into which modern statutes have degenerated from their ancient + simplicity. And I must pray you to be as watchful over what I have not + said, as what is said; for the omissions of this bill have all their + positive meaning. I have thought it better to drop, in silence, the laws + we mean to discontinue, and let them be swept away by the general negative + words of this, than to detail them in clauses of express repeal. By the + side of the text I have written the note? I made, as I went along, for the + benefit of my own memory. They may serve to draw your attention to + questions, to which the expressions or the omissions of the text may give + rise. The extracts from the Anglo-Saxon laws, the sources of the Common + law, I wrote in their original, for my own satisfaction;* but I have added + Latin, or liberal English translations. From the time of Canute to that of + the Magna Charta, you know, the text of our statutes is preserved to us in + Latin only, and some old French. + </p> +<pre xml:space="preserve"> + * In this publication, the original Saxon words are given, + but, owing to the want of Saxon letter, they are printed in + common type. +</pre> + <p> + I have strictly observed the scale of punishments settled by the + Committee, without being entirely satisfied with it. The <i>Lex talionis</i>, + although a restitution of the Common law, to the simplicity of which we + have generally found it so advantageous to return, will be revolting to + the humanized feelings of modern times. An eye for an eye, and a hand for + a hand, will exhibit spectacles in execution, whose moral effect would be + questionable; and even the <i>membrum pro membro</i> of Bracton, or the + punishment of the offending member, although long authorized by our law, + for the same offence in a slave, has, you know, been not long since + repealed, in conformity with public sentiment. This needs reconsideration. + </p> + <p> + I have heard little of the proceedings of the Assembly, and do not expect + to be with you till about the close of the month. In the mean time, + present me respectfully to Mrs. Wythe, and accept assurances of the + affectionate esteem and respect of, Dear Sir, Your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + George Wythe, Esq. + </p> + <p> + <a name="linkcrimes" id="linkcrimes"></a><br /> <br /> <br /> + </p> + <div class="fig" style="width:80%"> + <img alt="Bill for Proportioning Crimes and Punishments, Page120 (74K)" + src="images/page120.jpg" width="100%" /><br /> + </div> + <p> + <a name="linkimage-0017" id="linkimage-0017"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page121.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page121 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0018" id="linkimage-0018"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page122.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page122 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0019" id="linkimage-0019"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page123.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page123 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0020" id="linkimage-0020"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page124.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page124 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0021" id="linkimage-0021"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page125.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page125 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0022" id="linkimage-0022"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page126.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page126 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0023" id="linkimage-0023"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page127.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page127 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0024" id="linkimage-0024"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page128.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page128 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0025" id="linkimage-0025"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page129.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page129 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0026" id="linkimage-0026"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page130.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page130 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0027" id="linkimage-0027"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page131.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page131 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0028" id="linkimage-0028"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page132.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page132 " width="100%" /><br /> + </div> + <p> + <a name="linkimage-0029" id="linkimage-0029"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page133.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page133 " width="100%" /><br /> + </div> + <p> + <i>Bill for proportioning Crimes and Punishments, in Cases heretofore + Capital</i>. + </p> + <p> + Whereas, it frequently happens that wicked and dissolute men, resigning + themselves to the dominion of inordinate passions, commit violations on + the lives, liberties, and property of others, and, the secure enjoyment of + these having principally induced men to enter into society, government + would be defective in its principal purpose, were it not to restrain such + criminal acts, by inflicting due punishments on those who perpetrate them; + but it appears, at the same time, equally deducible from the purposes of + society, that a member thereof, committing an inferior injury, does not + wholly forfeit the protection of his fellow-citizens, but, after suffering + a punishment in proportion to his offence, is entitled to their protection + from all greater pain, so that it becomes a duty in the legislature to + arrange, in a proper scale, the crimes which it may be necessary for them + to repress, and to adjust thereto a corresponding gradation of + punishments. + </p> + <p> + And whereas, the reformation of offenders, though an object worthy the + attention of the laws, is not effected at all by capital punishments, + which exterminate, instead of reforming, and should be the last melancholy + resource against those whose existence is become inconsistent with the + safety of their fellow-citizens, which also weaken the State, by cutting + off so many who, if reformed, might be restored sound members to society, + who, even under a course of correction, might be rendered useful in + various labors for the public, and would be living and long continued + spectacles to deter others from committing the like offences. + </p> + <p> + And forasmuch as the experience of all ages and countries hath shown, that + cruel and sanguinary laws defeat their own purpose, by engaging the + benevolence of mankind to withhold prosecutions, to smother testimony, or + to listen to it with bias, when, if the punishment were only proportioned + to the injury, men would feel it their inclination, as well as their duty, + to see the laws observed. + </p> + <p> + For rendering crimes and punishments, therefore, more proportionate to + each other. + </p> + <p> + Be it enacted by the General Assembly, that no crime shall be henceforth + punished by deprivation of life or limb,* except those hereinafter + ordained to be so punished. + </p> +<pre xml:space="preserve"> + * This takes away the punishment of cutting off the hand of + a person striking another, or drawing his sword in one of + the superior courts of justice. Stamf. P. C. 38; 33 H. 8. c. + 12. In an earlier stage of the Common law, it was death. + <i>‘Gif hwa gefeohte on Cyninges huse sy he scyldig ealles his + yrfes, and sy on Cyninges dome hwsether he lif age de nage: + si quis in regis domo pugnet, perdat omnem suam + ha; reditatem, et in regis sit arbitrio, possideat vitarn an + non possideat.‘</i> LI. Inae. 6. &c. +</pre> + <p> + *If a man do levy war** against the Commonwealth [<i>in the same</i>], or + be adherent to the enemies of the Commonwealth [<i>within the same</i>],*** + giving to them aid or comfort in the Commonwealth, or elsewhere, and + thereof be convicted of open deed, by the evidence of two sufficient + witnesses, or his own voluntary confession, the said cases, and no + others,**** shall be adjudged treasons which extend to the Commonwealth, + and the person so convicted shall suffer death by hanging,***** and shall + forfeit his lands and goods to the Commonwealth. + </p> +<pre xml:space="preserve"> + * 25 E 3. st. 5. c. 2; 7 W. 3. c. 3, § 2. + + ** Though the crime of an accomplice in treason is not here + described yet Lord Coke says, the partaking and maintaining + a treason herein described makes him a principal in that + treason. It being a rule that in treason all are principals. + 3 inst. 138; 2 Inst. 590; H. 6. c. 5. + + *** These words in the English statute narrow its operation. + A man adhering to the enemies of the Commonwealth, in a + foreign country, would certainly not be guilty of treason + with us, if these words be retained. The convictions of + treason of that kind in England, have been under that branch + of the statute which makes the compassing the king’s death + treason. Foster, 196, 197. But as we omit that branch, we + must by other means reach this flagrant case. +</pre> +<pre xml:space="preserve"> + **** The stat. 25 E. 3. directs all other cases of treason + to await the opinion of Parliament. This has the effect of + negative words, excluding all other treasons. As we drop + that part of the statute, we must, by negative words, + prevent an inundation of common law treasons. I strike out + the word ‘it,’ therefore, and insert ‘the said cases and no + others.’ Quaere, how far those negative words may affect the + case of accomplices above mentioned? Though if their case + was within the statute, so as that it needed not await the + opinion of Parliament, it should seem to be also within our + act, so as not to be ousted by the negative words. + +</pre> + <hr /> + <p> + If any person commit petty treason, or a husband murder his wife, a parent + his child,* or a child his parent, he shall suffer death by hanging, and + his body be delivered to anatomists to be dissected. + </p> +<pre xml:space="preserve"> + * By the stat. 21.Tac. 1. c. 27. and Act Ass. 1710, c. 12. + concealment by the mother of the death of a bastard child is + made murder. In justification of this, it is said, that + shame is a feeling which operates so strongly on the mind, + as frequently to induce the mother of such a child to murder + it, in order to conceal her disgrace. The act of + concealment, therefore, proves she was influenced by shame, + and that influence produces a presumption that she murdered + the child. The effect of this law, then, is, to make what, + in its nature, is only presumptive evidence of a murder, + conclusive of that fact. To this I answer, 1. So many + children die before, or soon after birth, that to presume + all those murdered who are found dead, is a presumption + which will lead us oftener wrong than right, and + consequently would shed more blood than it would save. 2. If + the child were born dead, the mother would naturally choose + rather to conceal it, in hopes of still keeping a good + character in the neighborhood. So that the act of + concealment is far from proving the guilt of murder on the + mother. 3. If shame be a powerful affection of the mind, is + not parental love also? Is it not the strongest affection + known? Is it not greater than even that of self- + preservation? While we draw presumptions from shame, one + affection of the mind, against the life of the prisoner, + should we not give some weight to presumptions from parental + love, an affection at least as strong in favor of life? If + concealment of the fact is a presumptive evidence of murder, + so strong as to overbalance all other evidence that may + possibly be produced to take away the presumption, why not + trust the force of this incontestable presumption to the + jury, who are, in a regular course, to hear presumptive, as + well as positive testimony? If the presumption, arising from + the act of concealment, may be destroyed by proof positive + or circumstantial to the contrary, why should the + legislature preclude that contrary proof? Objection. The + crime is difficult to prove, being usually committed in + secret. Answer. But circumstantial proof will do; for + example, marks of violence, the behavior, countenance, &c. + of the prisoner, &c. And if conclusive proof be difficult to + be obtained, shall we therefore fasten irremovably upon + equivocal proof? Can we change the nature of what is + contestable, and make it incontestable? Can we make that + conclusive which God and nature have made inconclusive? + Solon made no law against, parricide, supposing it + impossible any one could be guilty of it; and the Persians, + from the same opinion, adjudged all who killed their reputed + parents to be bastards: and although parental, be yet + stronger than filial affection, we admit saticide proved on + the most equivocal testimony, whilst they rejected all proof + of an act, certainly not more repugnant to nature, as of a + thing impossible, improvable. See Beccaria, § 31. +</pre> + <p> + Whosoever committeth murder by poisoning, shall suffer death by poison. + </p> + <p> + Whosoever committeth murder by way of duel, shall suffer death by hanging; + and if he were the challenger, his body, after death, shall be gibbeted.* + He who removeth it from the gibbet, shall be guilty of a misdemeanor; and + the officer shall see that it be replaced. + </p> +<pre xml:space="preserve"> + * 25 G. 2. c. 37. +</pre> + <p> + Whosoever shall commit murder in any other way, shall suffer death by + hanging. + </p> + <p> + And in all cases of petty treason and murder, one half of the lands and + goods of the offender shall be forfeited to the next of kin to the person + killed, and the other half descend and go to his own representatives. Save + only, where one shall slay the challenger in a duel,* in which case, no + part of his lands or goods shall be forfeited to the kindred of the party + slain, but, instead thereof, a moiety shall go to the Commonwealth. + </p> +<pre xml:space="preserve"> + * Quære, if the estates of both parties in a duel should not + be forfeited? The deceased is equally guilty with a suicide. +</pre> + <p> + The same evidence* shall suffice, and order and course** of trial be + observed in cases of petty treason, as in those of other*** murders. + </p> +<pre xml:space="preserve"> + * Quære, if these words may not be omitted? By the Common + law, one witness in treason was sufficient. Foster, 233. + Plowd. 8. a. Mirror, c. 3. § 34. Waterhouse on Fortesc de + Laud. 252. Carth. 144 per Holt. But Lord Coke, contra, 3 + Inst 26. The stat. 1 E. 6. c 12. &5E.6. c. 11. first + required two witnesses in treason. The clause against high + treason supra, does the same as to high treason; but it + seems if 1st and 5th E. 6. are dropped, petty treason will + be tried and proved, as at Common law, by one witness. But + quære, Lord Coke being contra, whose opinion it is ever + dangerous to neglect. + + ** These words are intended to take away the peremptory + challenge of thirty-five jurors. The same words being used 1 + & 2 Ph. k. M. c. 10. are deemed to have restored the + peremptory challenge in high treason; and consequently are + sufficient to take it away. Foster, 237. + + *** Petty treason is considered in law only as an aggravated + murder. Foster, 107,323. A pardon of all murders, pardons + petty treason. 1 Hale P. C. 378. See 2 H. P. C. 340, 342. It + is also included in the word ‘felony,’ so that a pardon of + all felonies, pardons petty treason. +</pre> + <p> + Whosoever shall be guilty of manslaughter,* shall, for the first offence, + be condemned to hard labor** for seven years, in the public works, shall + forfeit one half of his lands and goods to the next of kin to the person + slain; the other half to be sequestered during such term, in the hands and + to the use of the Commonwealth, allowing a reasonable part of the profits + for the support of his family. The second offence shall be deemed murder. + </p> +<pre xml:space="preserve"> + * Manslaughter is punishable at law, by burning in the hand, + and forfeiture of chattels. + + ** It is best, in this act, to lay down principles only, in + order that it may not for ever be undergoing change: and, to + carry into effect the minuter parts of it; frame a bill ‘for + the employment and government of felons, or male-factors, + condemned to labor for the Commonwealth,’ which may serve as + an Appendix to this, and in which all the particulars + requisite may be directed: and as experience will, from time + to time, be pointing out amendments, these may be made + without touching this fundamental act. See More’s Utopia pa. + 50, for some good hints. Fugitives might, in such a bill, be + obliged to work two days for every one they absent + themselves. +</pre> + <p> + And where persons, meaning to commit a trespass* only, or larceny, or + other unlawful deed, and doing an act from which involuntary homicide hath + ensued, have heretofore been adjudged guilty of manslaughter, or of + murder, by transferring such their unlawful intention to an act much more + penal than they could have in probable contemplation; no such case shall + hereafter be deemed manslaughter, unless manslaughter was intended, nor + murder, unless murder was intended. + </p> +<pre xml:space="preserve"> + * The shooting at a wild fowl, and killing a man, is + homicide by misadventure. Shooting at a pullet, without any + design to take it away, is manslaughter; and with a design + to take it away, is murder. 6 Sta. tr. 222. To shoot at the + poultry of another, and thereby set fire to his house, is + arson, in the opinion of some. Dalt. c. 116 1 Hale’s P. C. + 569, contra. +</pre> + <p> + In other cases of homicide, the law will not add to the miseries of the + party, by punishments or forfeitures.* + </p> +<pre xml:space="preserve"> + * Beccaria, § 32. Suicide. Homicides are, 1. Justifiable. 2. + Excusable. 3. Felonious. For the last, punishments have been + already provided. The first are held to be totally without + guilt, or rather commendable. The second are, in some cases, + not quite unblamable. These should subject the party to + marks of contrition; viz. the killing of a man in defence of + property; so also in defence of one’s person, which is a + species of excusable homicide; because, although cases may + happen where these also are commendable, yet most frequently + they are done on too slight appearance of danger; as in + return for a blow, kick, fillip, &c; or on a person’s + getting into a house, not <i>anirno furandi</i>, but perhaps + <i>veneris causa</i>, &c. Bracton says, ‘<i>Si quis furem noctupnum + occiderit, ita demum impune foret, si parcere ei sine + periculo suo non potuit; si autem potuit, aliter erit.’ + ‘Item erit si quis hamsokne qua; dicitur invasio domus + contra pacem domini regis in domo sua se defenderit, et + invasor occisus fuerit; impersecutus et inultus ramanebit, + si ille quem invasit aliter se defendere non potuit; dicitur + enim quod non est dignus habere pacem qui non vult observare + earn.’ L.3. c.23. § 3. ‘Qui latronetn Occident, non tenetur, + nocturnum vel diurnnm, si aliter periculum evadere non + possit; tenetur ta-men, si possit. Item non tenetur si per + inforlunium, et non anitno et voluntate occidendi, nee + dolus, nec culpa ejus inveniatur</i>.’ L.3. c.36. § 1. The stat. + 24 H. 8. c. 5 is therefore merely declaratory of the Common + law. See on the general subject, Puffend. 2. 5. § 10, 11, + 12, 16, 17. Excusable homicides are by misadventure, or in + self-defence. It is the opinion of some lawyers, that the + Common law punished these with death, and that the statute + of Marlbridge, c. 26. and Gloucester, c. 9. first took away + this by giving them title to a pardon, as matter of right, + and a writ of restitution of their goods. See 2 Inst, 148. + 315; 3 Inst. 55. Bracton, L. 3. c. 4. § 2. Fleta L, 1. c. + 23. § 14, 15; 21 E. 3. 23. But it is believed never to have + been capital. 1 H. P. C. 425; 1 Hawk. 75; Foster, 282; 4 Bl. + 188. It seems doubtful also, whether at Common law, the + party forfeited all his chattels in this case, or only paid + a weregild. Foster, <i>ubi supra</i>, doubts, and thinks it of no + consequence, as the statute of Gloucester entitles the party + to Royal grace, which goes as well to forfeiture as life. To + me, there seems no reason for calling these excusable + homicides, and the killing a man in defence of property, a + justifiable homicide. The latter is less guiltless than + misadventure or self defence. + + Suicide is by law punishable by forfeiture of chattels. This + bill exempts it from forfeiture. The suicide injures the + state less than he who leaves it with his effects. If the + latter then be not punished, the former should not. As to + the example, we need not fear its influence. Men are too + much attached to life, to exhibit frequent instances of + depriving themselves of it. At any rate, the quasi- + punishment of confiscation will not prevent it. For if one + be found who can calmly determine to renounce life, who is + so weary of his existence here, as rather to make experiment + of what is beyond the grave, can we suppose him, in such a + state of mind, susceptible of influence from the losses to + his family by confiscation? That men in general, too, + disapprove of this severity, is apparent from the constant + practice of juries finding the suicide in a state of + insanity; because they have no other way of saving the + forfeiture. Let it then be done away. +</pre> + <p> + Whenever sentence of death shall have been pronounced against any person + for treason or murder, execution shall be done on the next day but one + after such sentence, unless it be Sunday, and then on the Monday + following.* + </p> +<pre xml:space="preserve"> + * Beccaria, § 19; 25 G. 2. c. 37. +</pre> + <p> + Whosoever shall be guilty of Rape,* Polygamy,** or Sodomy,*** with man or + woman, shall be punished, if a man, by castration,**** if a woman, by + cutting through the cartilage of her nose, a hole of one half inch in + diameter at the least. + </p> +<pre xml:space="preserve"> + * 13 E. 1. c. 34. Forcible abduction of a woman having + substance, is felony by 3 H. 7, c 2; 3. Inst. 61; 4 Bl. 208. + If goods be taken, it will be felony as to them, without + this statute: and as to the abduction of the woman, quære if + not better to leave that, and also kidnapping, 4 Bl. 219. to + the Common law remedies, viz. fine, imprisonment, and + pillory, Raym. 474; 2 Show. 221; Skin. 47; Comb. 10. the + writs of <i>Homine replegiando</i>, Capias in Withernam, Habeas + corpus, and the action of trespass? Rape was felony at the + Common law. 3 Inst. 60 but see 2 Inst. 181. Further—for its + definition see 2 Inst. 180. Bracton L.3. 28. § 1. says, the + punishment of rape is ‘<i>amissio membrorum, ut sit membrumpro + membra, quia virgo, cum corrumpitur, membrum amittit, et + ideo corruptor puniatur in eo in quo deliquit; oculos igitur + amittat propter aspectum decoris quo virginem concupivit; + amittat et testiculos qui calorem stupri induxerunt. Olim + quidem corruptores virginitatis et castitatis suspendebantur + et eorum fautores, &c. Modernis tamen temporibus aliter + observatur</i>,’ &.c. And Fleta, ‘<i>Solet justiciarius pro + quolibet mahemio ad amissionem testiculorum vel oculorum + convictum coudemnare, sed non sine errore, eo quod id + judicium nisi in corruptione virginum lantum competebat; nam + pro virginitatis corruptione solebant abscidi et merito + judicari, ut sic pro membro quod abstulit, membrum per quod + deliquit amitteret, viz. lesticulos, qui calorem stupri + induxerunt</i>,’ &c. Fleta. L. 1. c. 40. § 4. ‘Gif theow man + theowne to nydhffimed genyde, gabete mid his eowende: Si + servus servam ad sfuprum coegerit, compenset hoc virga sua + virili. Si quis pnellam,’ &c. Ll.Æliridi. 25. ‘Hi purgst + femme per forze forfait ad les membres.’ LI. Gul. Conq. 19. + + ** 1 Jac. 1. c. 11. Polygamy was not penal till the statute + of 1 Jac. The law contented itself with the nullity of the + act. 4 Bl. 163. 3 Inst. 88. + + *** 25. H. 8. c. 6. Buggery is twofold. 1. With mankind, 2. + with beasts. Buggery is the genus, of which Sodomy and + Bestiality are the species. 12 Co. 37. says, In Dyer, 304. a + man was indicted, and found guilty of a rape on a girl of + seven years old. The court doubted of the rape of so tender + a girl; but if she had been nine years old, it would have + been otherwise.’ 14 Eliz. Therefore the statute 18 Eliz. c. + 6, says, ‘For plain declaration of law, be it enacted, that + if any person shall unlawfully and carnally know and abuse + any woman child, under the age of ten years, &c. he shall + suffer as a felon, without allowance of clergy.’ Lord Hale, + however, 1 P. C. 630. thinks it rape independent of that + statute, to know carnally a girl under twelve, the age of + consent. Yet, 4 Bl. 212. seems to neglect this opinion; and + as it was founded on the words of 3 E. 1. c. 13. and this is + with us omitted, the offence of carnally knowing a girl + under twelve, or ten years of age, will not be distinguished + from that of any other. Co. 37. says ‘note that Sodomy is + with mankind.’ But Finch’s L. B. 3. c. 24. ‘Sodomitry is a + carnal copulation against nature, to wit, of man or woman in + the same sex, or of either of them with beasts.’ 12 Co 36. + says, ‘It appears by the ancient authorities of the law + that this was felony.’ Yet the 25 H. 8. declares it felony, + as if supposed not to be so. Britton, c, 9. says, that + Sodomites are to be burnt. F. N. B. 269. b. Fleta, L 1. c. + 37. says, ‘Pecorantes et Sodomise in terra, vivi + confodiantur.’ The Mirror makes it treason. Bestiality can + never make any progress; it cannot therefore be injurious to + society in any great degree, which is the true measure of + criminality <i>in foro cirili</i>, and will ever be properly and + severely punished, by universal derision. It may, therefore, + be omitted. It was anciently punished with death, as it has + been latterly. LI Ælfrid. 31. and 25 H. 8. c. 6. see + Beccaria, § 31. Montesq. + + ****Bracton, Fleta, &c. +</pre> + <p> + But no one shall be punished for Polygamy, who shall have married after + probable information of the death of his or her husband or wife, or after + his or her husband or wife hath absented him or herself, so that no notice + of his or her being alive hath reached such person for seven years + together, or hath suffered the punishments before prescribed for rape, + polygamy, or sodomy. + </p> + <p> + Whosoever, on purpose, and of malice forethought, shall maim* another, or + shall disfigure him by cutting out or disabling the tongue, slitting or + cutting off a nose, lip, or ear, branding, or otherwise, shall be maimed, + or disfigured in like** sort: or if that cannot be for want of the same + part, then as nearly as may be, in some other part of at least equal value + and estimation, in the opinion of a jury, and moreover, shall forfeit one + half of his lands and goods to the sufferer. + </p> +<pre xml:space="preserve"> + * 22 &l 23 Car. 2, c. 1. Maiming was felony at the Common + law. Britton, c 95. Mehemiurn autem dici poterit, ubi + aliquis in aliqua. parte sui corporis la sionern acceperit, + per quam affectus sit inutilis ad pugnandum: ut sirnanus + ampuletur, vel pes, octilus privetur, vel scerda de osse + capitis lavetnr, vel si quis dentes praer. isores amiserit, + vel castratus fuerit, et talis pro mahemiato poterit + adjudicari.’ Flela, L. 1. c. 40. ‘Et volons que nul maheme + nesoit tenus forsque de membre toilet dount home est plus + feble a combatre, sicome, del oyl, on de la mayn, ou del + pie, on de la tete debruse, ou de les dentz devant.’ + Britton, c. 25. For further definitions, see Braclon, L. 3. + c. 24 § 3. 4. Finch, L. B. 3. c. 12; Co. L. 126. a b 288. a; + 3 Bl. 121; 4 Bl 205; Stamf. P C. L. 1. c. 41. I do not find + any of these definitions confine the offence to wilful and + malicious perpetrations of it. 22&23 Car. 2. c. 1, called + the Coventry act, has the words ‘on purpose and of malice + forethought.’ or does the Common law-prescribe the same + punishment for disfiguring, as for maiming. + + ** The punishment was by retaliation. ‘Et come ascun appele + serra de tele felonie atteint et attende jugement, si soit + le jugement tiel que il perde autriel membre come il avera + toilet al pleintyre. El sy la pleynte soit faite de femme + que avera toilet a home ses membres, en tiei cas perdra la + femmela une meyn par jugement, come le membre dount ele + avera trespasse.’ Britton, c 25. Flela, B 1. c. 40; LI. + Ælfr. 19. 40. +</pre> + <p> + Whosoever shall counterfeit* any coin, current by law within this + Commonwealth, or any paper bills issued in the nature of money, or of + certificates of loan on the credit of this Commonwealth, or of all or any + of the United States of America, or any Inspectors’ notes for tobacco, or + shall pass any such counterfeited coin, paper, bills, or notes, knowing + them to be counterfeit; or, for the sake of lucre shall diminish,** case, + or wash any such coin, shall be condemned to hard labor six years in the + public works, and shall forfeit all his lands and goods to the + Commonwealth. + </p> +<pre xml:space="preserve"> + * 25E.3. st 5. c. 2; 5 El c. 11; 18 El. c. 1; 8 and 9 W. 3. + c. 26; 15. and 16 G 2. c. 28; 7 Ann. q. 25. By the laws of + Æthelstan and Canute, this was punished by cutting off the + hand. ‘Gifse mynetereful wurthe sleaman tha hand of, the he + that fil mid worthe and sette iippon tha rnynet smithlhan.’ + In English characters and words ‘if the minler foul + [Criminal] wert, slay the hand off, that he the foul [crime] + with wrought, and set upon the mint-smithery.’ LI,iEthelst. + 14. ‘And selhe ofer this false wyrce, tholige thaera handa + the he thaet false mid worhte.’ ‘Et si quis prater hanc, + falsam fecerit, perdat manum quacum falsam confecit.’ LI. + Cnuti, 8. It had been death by the LI. Æihelredi, sub fine. + By those of H. 1. ‘Si quis cum falso deuario inventus + fueril—fiat justitia mea, saltern de dextro pugno et de + testiculis.’ Anno 1108. ‘Opera prelium vero est audire quam + severus rex fuerit in pravos. Monetarios enim fere omnes + totius Angliee fecit ementulari, et manus dextras abscindi, + quia monetam furtive corruperant.’ Wilkins ib. et anno 1125. + When the Common law became settled, it appears to have been + punishable by death. ‘Est aliud genus crirninis quod sub + nomine falsi continetur, et tangit coronam domini regis, et + nlfimum indncit supplicium, sicut de illis qui falsam + fabricant monetasn, et qui de re non reproba, faciunt + reprobam; sicut sunt retonsores deriarinruno’ Bract. L. 3. c + 3. § 2. Fleta, L. 1. c. 22 § 4 Lord Hale thinks it was + deemed petty treason at common law. 1 H. P. C. 220, 224. The + bringing in false money with intent to merchandise, and make + payment of it is treason, by 25 E. 3. But the best proof of + the intention, is the act of passing it, and why not leave + room for repentance here, as in other cases of felonies + intended? I H P. C. 229. + + ** Clipping, filing, rounding, impairing, scaling, + lightening, (the words in the statutes) are included in + ‘diminishing;’ gilding, in the word ‘casing;’ coloring in + the word ‘washing;’ and falsifying or marking, is + counterfeiting.’ +</pre> + <p> + Whosoever committeth Arson,* shall be condemned to hard labor five years + in the public works, and shall make good the loss of the sufferers + threefold.** + </p> +<pre xml:space="preserve"> + *43 El. c. 13. confined to four counties. 22 ^ 23 Car. 2. c. + 7; 9 G. 1. c. 22, 9 G. 3. c. 29. + + ** Arson was a felony at Common law—3 Inst. 66; punished by + a fine, Ll. Æthelst. 6. But LI. Cnuti, 61. make it a ‘scetus + inexpiable.’ ‘Hus brec and baernet and open thyfth and + asbereniorth and hlaford swice after woruld laga is + boileds.’ Word for word, ‘House break and burnt, and open + theft, and manifest murdher, and lord-treachery, after + world’s law is bootless.’ Bracton says, it was punished by + death. ‘Si quis turbida seditione iricendium fecerit + nequiter et in felonia, vel ob inimicitias, vel praedandi + causa, capital puniatur pcena vel sententia.’ Bract. L. 3. + c. 27. He defines it as commissible by burning ‘cedes alien + as.’ Ib. Britton, c. 9. ‘Ausi soitenquis de ceux que + felonise-ment en temps de pees eient a litre blees ou autre + messons ars, et ceux que ser-rount de ceo alteyniz, soient + ars issint que eux soient punys par mesme cele chose dount + ils pecherent.’ Fleia, L. I. c. 37. is a copy of Bracton. + The Mirror, c. 1. § 8. says, ‘Ardours sont que ardent cilie, + ville, maison home, maison beast, ou auters chatelx, de lour + felonie en temps de pace pour haine ou vengeance.’ Again, c. + 2. § II., pointing oul the words of the appellor ‘jeo dise + que Sebright, &c. entiel meas. on ou hiens mist de feu.’ + Coke, 3 Inst. 67. says, ‘The ancient authors extended this + felony further than houses, viz. to stacks of corn, waynes + or carts of coal, wood, or other goods.’ He defines it as + commissibie, not only on the inset houses, parcel of the + mansion-house, but the outset also, as barn, stable, cow- + house, sheep-house, dairy-house, mill-house, and the like, + parcel of the mansion house.’ But ‘burning of a barn, being + no parcel of a mansion-house, is no felony,’ unless there be + corn or hay within it. Ib. The 22 k. 23 Car. 2. and 9 G. 1. + are the principal statutes against arson. They extend the + offence beyond the Common law. +</pre> + <p> + If any person shall, within this Commonwealth, or, being a citizen + thereof, shall without the same, wilfully destroy,* or run** away with any + sea-vessel, or goods laden on board thereof, or plunder or pilfer any + wreck, he shall be condemned to hard labor five years in the public works, + and shall make good the loss of the sufferers threefold. + </p> +<pre xml:space="preserve"> + * Ann. st. 2. c. 9. 12 Ann. c. 18. 4 G. 1. c. 12. 26 G. 2. + c. 19. + + ** 11 h 12 W.3. c.7. +</pre> + <p> + Whosoever committeth Robbery,* shall be condemned to hard labor four years + in the public works, and shall make double reparation to the persons + injured. + </p> +<pre xml:space="preserve"> + * Robbery was a felony at Common law. 3 Inst. 68. ‘Scelus + inexpiable,’ by the LI. Cnuti. 61. [See before in Arson.] It + was punished with death. Briit c. 15, ‘De robbours et de + larouns et de semblables mesfesours, soitaussi + ententivernent enquis—et tauntost soient ceux robbours + juges a la morl.’ Fleta says, ‘Si quis conviclus fuerit de + bonis viri robbatis vel asportatis ad sectam regis judicium + capitale subibit.’ L. 1. c. 39. See also Bract. L. 3. c. 32 + § I. +</pre> + <p> + Whatsoever act, if committed on any mansion-house, would be deemed + Burglary,* shall be Burglary, if committed on any other house; and he who + is guilty of Burglary, shall be condemned to hard labor four years in the + public works, and shall make double reparation to the persons injured. + </p> +<pre xml:space="preserve"> + * Burglary was felony at the Common law. 3 Inst. 63 It was + not distinguished by ancient authors, except the Mirror, + from simple House-breaking, ib. 65. Burglary and House- + breaking were called ‘Hamsockne.’ ‘Diximus etiam de pacis + violatione et de immunitatibus domus, si quis hoc in + posterum fecetit ut perdat ornne quod habet, et sit in regis + arbitro utrum vitam habeat.’ ‘Eac we quasdon be mundbryce + and be ham socnum,sethe hit ofer this do tha:t he dolie + enlles thces the age, and sy on Cyninges Jome hwsether be + life age: and we quoth of mound-breach, and of home-seeking + he who it after this do, that he dole all that he owe + [owns], and is in kings doom whether he life owes [owns].’ + LI. Eadmundi, c. 6 and see LI. Cnuti. 61. ‘bus btec,’ in + notesion Arson, ante. A Burglar was also called a Burgessor. + ‘Et soit enquis de Burgessours et sunt tenus Burgessours + trestous ceux que felonisement en temps de pees debrusornt + esglises ou auter mesons, ou murs ou portes de nos cytes, ou + de nos Burghes.’ Britt. c. 10. ‘Burglaria est nocturna + diruptio habitaculi alicujus, vel ecclesise, etiam murorum, + portarurnve civitatis aut burgi, ad feloniam aliquam + perpetrandam. Noclanter dico, recentiores se-cutus; veteres + enim hoc non adjungunt.’ Spelm. Gloss, verb. Burglaria. It + was punished with death. Ib. citn. from the office of a + Coroner. It may be committed in the outset houses, as well + as inset, 3 Inst. 65. though not under the same roof or + contiguous, provided they be within the Curtilage or Home- + stall. 4 BI. 225. As by the Common law all felonies were + clergiable, the stat. 23 H. 8. c. 1; 5 E. 6. c. 9. and 18 + El. c. 7. first distinguished tfiem, by taking the clerical + privilege of impunity from the principals, and 3 & 4 W. M. + c. 9. from accessories before the fact. No statute defines + what Burglary is. The 12 Ann. c. 7. decides the doubt + whether, where breaking is subsequent to entry, it is + Burglary. Bacon’s Elements had affirmed, and T. H. P. C. + 554. had denied it. Our bill must distinguish them by + different degrees of punishment. +</pre> + <p> + Whatsoever act, if committed in the night time, shall constitute the crime + of Burglary, shall, if committed in the day, be deemed House-breaking;* + and whosoever is guilty thereof, shall be condemned to hard labor three + years in the public works, and shall make reparation to the persons + injured. + </p> +<pre xml:space="preserve"> + * At the Common law, the offence of House-breaking was not + distinguished from Burglary, and neither of them from any + other larceny. The statutes at first took away clergy from + Burglary, which made a leading distinction between the two + offences. Later statutes, however, have taken clergy from so + many cases of House-breaking, as nearly to bring the + offences together again. These are 23 H. 8. c. 1; 1 E. 6. c. + 12; 5 k 6 E. 6. c. 9; 3 & 4 W. M. c. 9; 39 El. c. 15; 10&11 + W. 3. c.23; 12 Ann. c. 7. See Burr. 428; 4 Bl. 240. The + circumstances, which in these statutes characterize the + offence, seem to have been occasional and unsystematical. + The houses on which Burglary may be committed, and the + circumstances which constitute that crime, being + ascertained, it will be better to define House-breoking by + the same subjects and circumstances, and let the crimes be + distinguished only by the hour at which they are committed, + and the degree of punishment. +</pre> + <p> + Whosoever shall be guilty of Horse-stealing,* shall be condemned to hard + labor three years in the public works, and shall make reparation to the + person injured. + </p> +<pre xml:space="preserve"> + * The offence of Horse-stealing seems properly + distinguishable from other larcenies, here, where these + animals generally run at large, the temptation being so + great and frequent, and the facility of commission so + remarkable. See 1 E. 6. c. 12; 23 E. 6. c. 33; 31 El. c. 12. +</pre> + <p> + Grand Larceny* shall be where the goods stolen are of the value of five + dollars; and whosoever shall be guilty thereof, shall be forthwith put in + the pillory for one half hour, shall be condemned to hard labor** two + years in the public works, and shall make reparation to the person + injured. + </p> +<pre xml:space="preserve"> + * The distinction between grand and petty larceny is very + ancient. At first 8d. was the sum which constituted grand + larceny. LI. Ælhelst. c. 1. ‘Ne parcatur ulli furi, qui + furtum manutenens captus sit, supra 12 annos nafo, et supra + 8 denarios.’ Afterwards, in the same king’s reign, it was + raised to 12d. ‘Non parcaturalicui furi ultra 12 denarios, + et ultra 12 annos nato—ut occide-mus ilium et capiamus omne + quod possidet, et inprimis sumamus rei furto ablatse pretium + ab hserede, ac dividatur postea reliquum in duas partes, una + pars uxori, si munda, et facinoris conscia non sit; et + residuum in duo, dimi-dium capiat rex, dimidium societas.’ + LI. Æthelst. Wilkins, p. 65. VOL. I. 17 + + ** LI. Inse, c. 7. ‘Si quis furetur ita ut uxor ejus et + infans ipsius nesciani, solvat 60. solidos pcenae loco. Si + autem furetur testantibus omuibus haere-dibus suis, abeant + omnes in servilutem.’ Ina was King of the West Saxons, and + began to reign A. C. 688. After the union of the Heptarchy, + i. e. temp. Æthelst. inter 924 and 940, we find it + punishable with death as above. So it was inter 1017 and + 1035, i. e. temp. Cnuti. LI. Cnuti 61. cited in notes on + Arson. In the time of William the Conqueror, it seems lo + have been made punishable by fine only. LI. Gul. Cohq. apud + Wilk. p. 218. 220. This commutation, however, was taken away + by LI. H. 1. anno 1108. ‘Si quis in furto vel latro-cinio + deprehensus fuisset, suspenderetur: sublata wirgildorum, id + est, pecu-niarse redemptions lege.’ Larceny is the felonious + taking and carrying away of the personal goods of another. + 1. As to the taking, the 3 & 4 VV. M. c. 9. § 5, is not + additional to the Common law, but declaratory of it; because + where only the care or use, and not the possession, of + things is delivered, to take them was larceny at the Common + law. The 33 H. 6. c. 1 and 21 11. 8. c. 7., indeed., have + added to the Common law by making it larceny in a servant to + convert things of his master’s. But quære, if they should be + imitated more than as to other breaches of trust in general. + 2. As to the subject of larceny, 4 G. 2. c.32; 6 G. 3. c. 36 + 48; 43 El. c. 7; 15 Car. 2. c. 2; 23 G. 2 c. 26; 31 G. 2. c. + 35; 9 G. 3. c. 41; 25 G. 2. c. 10. have extended larceny to + things of various sorts, either real, or fixed to the + realty. But the enumeration is unsystematical, and in this + country, where the produce of the earth is so spontaneous as + to have rendered things of this kind scarcely a breach of + civility or good manners in the eyes of the people, quære, + if it would not too much enlarge the field of Criminal law? + The same may be questioned of 9 G. J. c. 22; 13 Car. 2. c. + 10; 10 G. 2. c. 32; 5 G. 3. c. 14; 22 h 23 Car. 2. c. 25; 37 + E. 3. c. 19. making it felony to steal animals ferte + natures. +</pre> + <p> + Petty Larceny shall be, where the goods stolen are of less value than five + dollars; and whosoever shall be guilty thereof, shall be forthwith put in + the pillory for a quarter of an hour, shall be condemned to hard labor one + year in the public works, and shall make reparation to the person injured. + </p> +<pre xml:space="preserve"> +Robbery* or larceny of bonds, bills obligatory, bills of exchange, or +promissory notes for the payment of money or tobacco, lottery tickets, +paper bills issued in the nature of money, or of certificates of loan on +the credit of this Commonwealth, or of all or any of the United States +of America, or Inspectors’ notes for tobacco, shall be punished in the +same manner as robbery,or larceny of the money or tobacco due on or + represented by such papers.* 2 G. 2. c. 25 §3; 7 G 3. c. 50. +</pre> + <p> + Buyers* and receivers of goods taken by way of robbery or larceny, knowing + them to have been so taken, shall be deemed accessaries to such robbery or + larceny after the fact. + </p> +<pre xml:space="preserve"> + * 3 &. 4 W. & M. c. 9. § 4; 5 Ann. c. 31. § 5; 4 G. 1. c. + 11. § 1. +</pre> + <p> + Prison breakers,* also, shall be deemed accessaries after the fact, to + traitors or felons whom they enlarge from prison.** + </p> +<pre xml:space="preserve"> + * 1 E. 2. + + ** Breach of prison at the Common law was capital, without + regard to the crime for which the party was committed. ‘Cum + pro criminis qualitate in carcerem recepti fuerint, + conspiraverint (ut ruptis vinculis aut fracto carcere) + evadant, atnplius (quam causa pro qua recepti sunt exposuit) + puniendi sunt, videlicet ultimo supplicio, quamvis ex eo + crimine innocentes inveniantur, propter quod inducti sunt in + carcerem et imparcati.’ Bracton L. 3, c. 9. § 4. Britt. c. + 11. Fleta, L. 1. c. 26. § 4. Yet in the Y. B. Hill. 1 H. 7. + 2. Hussey says, that, by the opinion of Billing and Choke, + and all the Justices, it was a felony in strangers only, but + not in the prisoner himself. S. C. Fitz. Abr. Co-ron. 48. + They are principal felons, not accessaries, ib. Whether it + was felony in the prisoner at Common law, is doubted. Stam. + P. C. 30. b. The Mirror c. 5. § 1. says, ‘Abusion est a + tener escape de prisoner, ou de bruserie del gaole pur peche + mortal 1, car eel usage nest garrant per nul ley, ne in nul + part est use forsque in cest realme, et en France, ems + [mais] est leu garrantie de ceo faire per la ley de nature’ + 2 Inst. 589. The stat. 1 E. 2, ‘de fragentibus priso-nam,’ + ‘restrained the judgment of life and limb for prison- + breaking, to cases where the offence of the prisoner + required such judgment.’ + + It is not only vain but wicked, in a legislator to frame + laws in opposition to the laws of nature, and to arm them + with the terrors of death. This is truly creating crimes in + order to punish them. The law of nature impels every one to + escape from confinement; it should not, therefore, be + subjected to punishment. Let the legislator restrain his + criminal by walls, not by parchment. As to strangers + breaking prison to enlarge an offender, they should, and may + be fairly considered as accessaries after the fact. This + bill saying nothing of the prisoner releasing himself by + breach of jail, he will have the benefit of the first + section of the bill, which repeals the judgment of life and + death at the Common law. +</pre> + <p> + All attempts to delude the people, or to abuse their understanding by + exercise of the pretended arts of witchcraft, conjuration, enchantment, or + sorcery, or by pretended prophecies, shall be punished by ducking and + whipping, at the discretion of a jury, not, exceeding fifteen stripes.* + </p> +<pre xml:space="preserve"> + * ‘Gifwiecan owwe wigleras mansworan, owwe morthwyrhtan owwe + fule afylede eebere horcwenan ahwhar on lande wurthan + agytene, thonne fyrsie man of earde, and claensie lha. + theode, owwe on earde forfare hi mid ealle, buton hi + geswican and the deoper gebetan:’ ‘if witches, or weirds, + man-swearers, or murther-wroughters, or foul, defiled, open + whore-queens, ay—where in the land were gotten, then force + them off earth, and cleanse the nation, or in earth forth- + fare them withal, buton they beseech, and deeply better.’ + LI. Ed. et Guthr. c. 11. ‘Saga; mulieres barbara + factitantes sacrificia, aut pestiferi, si cui mortem + intulerint, neque id inficiari poterint, capitis pcena + esto.’ LI. Aethelst. c. 6. apud Lambard. LI. Aelfr. 30. LI. + Cnuti. c. 4. ‘Mesmo eel jugement (d’etrears) eyent + sorcers, et sorceresses,’ &c. ut supra. Fleta tit et ubi + supra. 3 Inst. 44. Trial of witches before Hale, in 1664. + The statutes 33 H. 8. c. 8. 5. El. c. 16 and 1. Jac. 1. c. + 12. seem to be only in confirmation of the Common law. 9 G. + 2. c. 25. punishes them with pillory and a year’s + imprisonment 3 E. 6 c 15. 5 El. c. 15. punish fond, + fantastical, and false prophecies, by fine and imprisonment. +</pre> + <p> + If the principal offenders be fled,* or secreted from justice, in any case + not touching life or member, the accessaries may, notwithstanding, be + prosecuted as if their principal were convicted.** + </p> +<pre xml:space="preserve"> + * 1 Ann. c. 9. § 2. + + **As every treason includes within it a misprision of + treason, so every felony includes a misprision, or + misdemeanor. 1 Hale P. C. 652. 75S. ‘Licet fuerit felonia, + tamen in eo continetur misprisio.’ 2 R. 3.10. Both principal + and accessary, therefore, may be proceeded against in any + case, either for felony, or misprision, at the Common law. + Capital cases not being mentioned here, accessaries to them + will of course be triable for misprisions, if the offender + flies. +</pre> + <p> + If any offender stand mute of obstinacy,* or challenge preremp-torily more + of the jurors than by law he may, being first warned of the consequence + thereof, the court shall proceed as if he had confessed the charge,** + </p> +<pre xml:space="preserve"> + * 3E. I.e. 12. + + ** Whether the judgment of penance lay at Common law. See 2 + Inst. 178.2. H. P. C. 321. 4 Bl. 322. It was given on + standing mute: but on challenging more than the legal + number, whether that sentence, or sentence of death is to be + given, seems doubtful. 2 H. P. C. 316. Quære, whether it + would not be better to consider the supernumerary challenge + as merely void, and to proceed in the trial. Quære too, in + case of silence. +</pre> + <p> + Pardon and privilege of clergy shall henceforth be abolished, that none + may be induced to injure through hope of impunity. But if the verdict be + against the defendant, and the court, before whom the offence is heard and + determined, shall doubt that it may be untrue for defect of testimony, or + other cause, they may direct a new trial to be had.* + </p> +<pre xml:space="preserve"> + * ‘Cum Clericus sic de crimine convictus degradetur, non + sequitur aliapoe-na pro uno delicto, vel pluribus ante + degradationem perpetratis. Satis enim sufficit ei pro pcena + degradatio, quse est magna capitis diminutio, nisi forte + convictus fuerit de apostatia, quia hinc primo degradetur, + et postea per manum laicalem comburetur, secundum quod + accidit in concilio Oxoni celebrato a bonas memoriae S. + Cantuaren. Archiepiscopo de quodam diacono, qui seapos- + tatavit pro quadam Judaea; qui cum esset per episcopum + degradatus, statim fuit igni traditus per manum laicalem.’ + Bract. L. 3. c. 9. § 2. ‘Et mesme eel jugement (i. e. qui + ils soient ars) eye n’t sorcers et sorceresses, et sodomites + et mescreauntz apertement atteyntz.’ Britt. c. 9. + ‘Christiani autem Apostatae, sortilegii, et hujusmodi + detractari debent et comburi.’ Fleta, L. 1. c. 37. § 2. see + 3 Inst. 39; 12 Rep. 92; 1 H. P. C. 393. The extent of the + clerical privilege at the Common law, 1. As to the crimes, + seems very obscure and uncertain. It extended to no case + where the judgment was not of life or limb. Note in 2. H. P. + C. 326. This, therefore, excluded it in trespass, petty + larceny, or killing <i>se defendendo</i>. In high treason against + the person of the King, it seems not to have been allowed. + Note 1 H. P. C. 185. Treasons, therefore, not against the + King’s person immediately, petty treasons and felonies, seem + to have been the cases where it was allowed; and even of + those, not for <i>insidiatio viarum, depopulatio agrorum, or + combustio domorum</i>. The statute de Clero, 25 E. 3. st. 3. c. + 4. settled the law on this head. 2. As to the persons, it + extended to all clerks, always, and toties quoiies. 2 H. P. + C. 374. To nuns also. Fitz. Abr. Coron. 461. 22 E. 3. The + clerical habit and tonsure were considered as evidence of + the person being clerical. 26 Assiz. 19 & 20 E. 2. Fitz. + Coron. 233. By the 9 E. 4. 28. b. 34 H. 6. 49. a. b. simple + reading became the evidence. This extended impunity to a + great number of laymen, and toties quoties. The stat. 4 H. + 7. c. 13. directed that real clerks should upon a second + arraignment, produce their orders, and all others to be + burnt in the hand with M. or T. on the first allowance of + clergy, and not to be admitted to it a second time. A + heretic, Jew, or Turk, (as being incapable of orders) could + not have clergy. H Co. Rep. 29. b. But a Greek, or other + alien, reading in a book of his own country, might. Bro. + Clergie. 20. So a blind man, if he could speak Latin. Ib. + 21. qu, 11. Rep. 29. b. The orders entitling the party were + bishops, priests, deacons, and sub-deacons, the inferior + being reckoned Clerici in minoribus. 2 H. P. C. 373. Quære, + however, if this distinction is not founded on the stat. 23. + H. 8. c. 1; 25. H. 8. c. 32. By merely dropping all the + statutes, it should seem that none but clerks would be + entitled to this privilege, and that they would, toties + quoties. +</pre> + <p> + No attainder shall work corruption of blood in any case. + </p> + <p> + In all cases of forfeiture, the widow’s dower shall be saved to her, + during her title thereto; after which it shall be disposed of as if no + such saving had been. + </p> + <p> + The aid of Counsel,* and examination of their witnesses on oath, shall be + allowed to defendants in criminal prosecutions. + </p> +<pre xml:space="preserve"> + * 1 Ann. c. 9. +</pre> + <p> + Slaves guilty of any offence* punishable in others by labor in the public + works, shall be transported to such parts in the West Indies, South + America, or Africa, as the Governor shall direct, there to be continued in + slavery. + </p> +<pre xml:space="preserve"> + * Manslaghter, counterfeiting, arson, asportation of + vessels, robbery, burglary, house-breaking, horse-stealing, + larceny. +</pre> + <p> + <a name="link2H_4_0009" id="link2H_4_0009"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE F.]—Coinage for the United States + </h2> + <p> + <i>On the Establishment of a Money Unit, and of a Coinage for the United + States</i>. + </p> + <p> + In fixing the Unit of Money, these circumstances are of principal + importance. + </p> + <p> + I. That it be of <i>convenient</i> size to be applied as a measure to the + common money transactions of life. + </p> + <p> + II. That its parts and multiplies be in an <i>easy proportion</i> to each + other, so as to facilitate the money arithmetic; + </p> + <p> + III. That the Unit and its parts, or divisions, be <i>so nearly of the + value of some of the known coins</i>, as that they may be of easy adoption + for the people. + </p> + <p> + The Spanish Dollar seems to fulfil all these conditions. + </p> + <p> + I. Taking into our view all money transactions, great and small, I + question if a common measure of more <i>convenient size</i> than the + Dollar could be proposed. The value of 100, 1000, 10,000 dollars is well + estimated by the mind; so is that of the tenth or the hundredth of a + dollar. Few transactions are above or below these limits. The expediency + of attending to the size of the Money Unit will be evident to any one who + will consider how inconvenient it would be to a manufacturer or merchant, + if instead of the yard for measuring cloth, either the inch or the mile + had been made the Unit of Measure. + </p> + <p> + II. The most <i>easy ratio</i> of multiplication and division is that by + ten. Every one knows the facility of Decimal Arithmetic. Every one + remembers, that, when learning Money-Arithmetic, he used to be puzzled + with adding the farthings, taking out the fours and carrying them on; + adding the pence, taking out the twelves and carrying them on; adding the + shillings, taking out the twenties and carrying them on; but when he came + to the pounds, where he had only tens to carry forward, it was easy and + free from error. The bulk of mankind are school-boys through life. These + little perplexities are always great to them. And even mathematical heads + feel the relief of an easier, substituted for a more difficult process. + Foreigners, too, who trade or travel among us, will find a great facility + in understanding our coins and accounts from this ratio of subdivision. + Those who have had occasion to convert the Livres, sols, and deniers of + the French; the Gilders, stivers, and frenings of the Dutch; the Pounds, + shillings, pence, and farthings of these several States, into each other, + can judge how much they would have been aided, had their several + subdivisions been in a decimal ratio. Certainly, in all cases, where we + are free to choose between easy and difficult modes of operation, it is + most rational to choose the easy. The Financier, therefore, in his report, + well proposes that our Coins should be in decimal proportions to one + another. If we adopt the Dollar for our Unit, we should strike four coins, + one of gold, two of silver, and one of copper, viz. + </p> + <p> + 1. A golden piece, equal in value to ten dollars: + </p> + <p> + 2. The Unit or Dollar itself, of silver: + </p> + <p> + 3. The tenth of a Dollar, of silver also: + </p> + <p> + 4. The hundreth of a Dollar, of copper. + </p> + <p> + Compare the arithmetical operations, on the same sum of money expressed in + this form, and expressed in the pound sterling and its divisions. + </p> + <p> + <a name="linkimage-0030" id="linkimage-0030"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page134.jpg" + alt="Bill for Proportioning Crimes and Punishments, Page134 " width="100%" /><br /> + </div> + <p> + A bare inspection of the above operations, will evince the labor which is + occasioned by subdividing the Unit into 20ths, 240ths, and 960ths, as the + English do, and as we have done; and the ease of subdivision in a decimal + ratio. The same difference arises in making payment. An Englishman, to pay + £8 13s. 11d. 1/2qrs. must find, by calculation, what combination of the + coins of his country will pay this sum; but an American, having the same + sum to pay, thus expressed $38.65, will know, by inspection only, that + three golden pieces, eight units or dollars, six tenths, and five coppers, + pay it precisely. + </p> + <p> + III. The third condition required is, that the Unit, its multiples, and + subdivisions, coincide in value with some of the known coins so nearly, + that the people may, by a quick reference in the mind, estimate their + value. If this be not attended to, they will be very long in adopting the + innovation, if ever they adopt it. Let us examine, in this point of view, + each of the four coins proposed. + </p> + <p> + 1. The golden piece will be 1/5 more than a half joe and 1/15 more than a + double guinea. It will be readily estimated, then, by reference to either + of them; but more readily and accurately as equal to ten dollars. + </p> + <p> + 2. The Unit, or Dollar, is a known coin, and the most familiar of all to + the minds of the people. It is already adopted from South to North; has + identified our currency, and therefore happily offers itself as a Unit + already introduced. Our public debt, our requisitions, and their + apportionments, have given it actual and long possession of the place of + Unit. The course of our commerce, too, will bring us more of this than of + any other foreign coin, and therefore renders it more worthy of attention. + I know of no Unit which can be proposed in competition with the Dollar, + but the Pound. But what is the Pound? 1547 grains of fine silver in + Georgia; 1289 grains in Virginia, Connecticut, Rhode Island, + Massachusetts, and New Hampshire; 1031 grains in Maryland, Delaware, + Pennsylvania, and New Jersey; 966 grains in North Carolina and New York. + Which of these shall we adopt? To which State give that pre-eminence of + which all are so jealous? And on which impose the difficulties of a new + estimate of their corn, their cattle, and other commodities? Or shall we + hang the pound sterling, as a common badge, about all their necks? This + contains 1718 grains of pure silver. It is difficult to familiarize a new + coin to the people; it is more difficult to familiarize them to a new coin + with an old name. Happily, the Dollar is familiar to them all, and is + already as much referred to for a measure of value, as their respective + provincial pounds. + </p> + <p> + 3. The tenth will be precisely the Spanish bit, or half pistereen. This is + a coin perfectly familiar to us all. When we shall make a new coin, then, + equal in value to this, it will be of ready estimate with the people. + </p> + <p> + 4. The hundredth, or copper, will differ little from the copper of the + four Eastern States, which is 1/108 of a dollar; still less from the penny + of New York and North Carolina, which is 1/96 of a dollar; and somewhat + more from the penny or copper of Jersey, Pennsylvania, Delaware, and + Maryland, which is 1/90 of a dollar. It will be about the medium between + the old and the new coppers of these States, and will therefore soon be + substituted for them both. In Virginia, coppers have never been in use. It + will be as easy, therefore, to introduce them there of one value as of + another. The copper coin proposed, will be nearly equal to three fourths + of their penny, which is the same with the penny lawful of the Eastern + States. + </p> + <p> + A great deal of small change is useful in a State, and tends to reduce the + price of small articles. Perhaps it would not be amiss to coin three, more + pieces of silver, one of the value of five tenths, or half a dollar, one + of the value of two tenths, which would be equal to the Spanish pistereen, + and one of the value of five coppers, which would be equal to the Spanish + half-bit. We should then have five silver coins, viz. + </p> + <p> + 1. The Unit or Dollar: + </p> + <p> + 2. The half dollar or five tenths: + </p> + <p> + 3. The double tenth, equal to 2/10, or one fifth of a dollar, or to the + pistereen: + </p> + <p> + 4. The tenth, equal to a Spanish bit: + </p> + <p> + 5. The five copper piece, equal to 5/100 or one twentieth of a dollar, or + the half-bit. + </p> + <p> + The plan reported by the Financier is worthy of his sound judgment. It + admits, however, of objection, in the size of the Unit. He proposes that + this shall be the 1440th part of a dollar; so that it will require 1440 of + his units to make the one before proposed. He was led to adopt this by a + mathematical attention to our old currencies, all of which this Unit will + measure without leaving a fraction. But as our object is to get rid of + those currencies, the advantage derived from this coincidence will soon be + past, whereas the inconveniences of this Unit will for ever remain, if + they do not altogether prevent its introduction. It is defective in two of + the three requisites of a Money Unit. 1. It is inconvenient in its + application to the ordinary money transactions. 10,000 dollars will + require eight figures to express them, to wit, 14,400,000 units. A horse + or bullock of eighty dollars’ value, will require a notation of six + figures, to wit, 115,200 units. As a money of account, this will be + laborious, even when facilitated by the aid of decimal arithmetic: as a + common measure of the value of property, it will be too minute to be + comprehended by the people. The French are subjected to very laborious + calculations, the Livre being their ordinary money of account, and this + but between 1/5 and 1/6 of a dollar; but what will be our labors, should + our money of account be 1/1440 of a dollar only? 2. It is neither equal, + nor near to any of the known coins in value. + </p> + <p> + If we determine that a Dollar shall be our Unit, we must then say with + precision what a Dollar is. This coin, struck at different times, of + different weights and fineness, is of different values. Sir Isaac Newton’s + assay and representation to the Lords of the Treasury, in 1717, of those + which he examined, make their values as follows: + </p> + <p> + <a name="linkimage-0031" id="linkimage-0031"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page137.jpg" alt="Sir Isaac Newton’s Assay, Page137 " width="100%" /><br /> + </div> +<pre xml:space="preserve"> + The Seville piece of eight . . . . 387 grains of pure silver + The Mexico piece of eight . . . . 385 1/2 ” + The Pillar piece of eight . . . . 385 3/4 ” + The new Seville piece of eight . . 308 7/10 ” + </pre> + <p> + The Financier states the old Dollar as containing 376 grains of fine + silver, and the new 365 grains. If the Dollars circulating among us be of + every date equally, we should examine the quantity of pure metal in each, + and from them form an average for our Unit. This is a work proper to be + committed to mathematicians as well as merchants, and which should be + decided on actual and accurate experiment. + </p> + <p> + The quantum of alloy is also to be decided. Some is necessary, to prevent + the coin from wearing too fast; too much, fills our pockets with copper, + instead of silver. The silver coin assayed by Sir Isaac Newton, varied + from 1 1/2 to 76 pennyweights alloy, in the pound troy of mixed metal. The + British standard has 18 dwt.; the Spanish coins assayed by Sir Isaac + Newton, have from 18 to 19 1/2 dwt.; the new French crown has in fact 19 + 1/2, though by edict it should have 20 dwt., that is 1/12. + </p> + <p> + The taste of our countrymen will require, that their furniture plate + should be as good as the British standard. Taste cannot be controlled by + law. Let it then give the law, in a point which is indifferent to a + certain degree. Let the Legislatures fix the alloy of furniture plate at + 18 dwt., the British standard, and Congress that of their coin at one + ounce in the pound, the French standard. This proportion has been found + convenient for the alloy of gold coin, and it will simplify the system of + our mint to alloy both metals in the same degree. The coin too, being the + least pure, will be the less easily melted into plate. These reasons are + light, indeed, and, of course, will only weigh, if no heavier ones can be + opposed to them. + </p> + <p> + The proportion between the values of gold and silver is a mercantile + problem altogether. It would be inaccurate to fix it by the popular + exchanges of a half Joe for eight dollars, a Louis for four French crowns, + or five Louis for twenty-three dollars. The first of these, would be to + adopt the Spanish proportion between gold and silver; the second, the + French; the third, a mere popular barter, wherein convenience is consulted + more than accuracy. The legal proportion in Spain is 16 for 1; in England, + 15 1/2 for 1; in France, 15 for 1. The Spaniards and English are found, in + experience, to retain an over proportion of gold coins, and to lose their + silver. The French have a greater proportion of silver. The difference at + market has been on the decrease. The Financier states it at present, as at + 141/2 for one. Just principles will lead us to disregard legal proportions + altogether; to inquire into the market price of gold, in the several + countries with which we shall principally be connected in commerce, and to + take an average from them. Perhaps we might, with safety, lean to a + proportion somewhat above par for gold, considering our neighborhood and + commerce with the sources of the coins, and the tendency which the high + price of gold in Spain has, to draw thither all that of their mines, + leaving silver principally for our and other markets. It is not impossible + that 15 for 1, may be found an eligible proportion. I state it, however, + as a conjecture only. + </p> + <p> + As to the alloy for gold coin, the British is an ounce in the pound; the + French, Spanish, and Portuguese differ from that, only from a quarter of a + grain, to a grain and a half. I should, therefore, prefer the British, + merely because its fraction stands in a more simple form, and facilitates + the calculations into which it enters. + </p> + <p> + Should the Unit be fixed at 365 grains of pure silver, gold at 15 for 1, + and the alloy of both be one twelfth, the weights of the coins will be as + follows: + </p> + <p> + <a name="linkimage-0032" id="linkimage-0032"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page138.jpg" alt="Projected Coin Weights, Page138 " width="100%" /><br /> + </div> + <p> + The quantity of fine silver which shall constitute the Unit, + being-settled, and the proportion of the value of gold, to that of silver; + a table should be formed from the assay before suggested, classing the + several foreign coins according to their fineness, declaring the worth of + a pennyweight or grain in each class, and that they shall be lawful + tenders at those rates, if not clipped or otherwise diminished; and where + diminished, offering their value for them at the mint, deducting the + expense of re-coinage. Here the Legislatures should co-operate with + Congress, in providing that no money be received or paid at their + treasuries, or by any of their officers, or any bank, but on actual + weight; in making it criminal, in a high degree, to diminish their own + coins, and, in some smaller degree, to offer them in payment when + diminished. + </p> + <p> + That this subject may be properly prepared and in readiness for Congress + to take up at their meeting in November, something must now be done. The + present session drawing to a close, they probably would not choose to + enter far into this undertaking themselves. The Committee of the States, + however, during the recess, will have time to digest it thoroughly, if + Congress will fix some general principles for their government. Suppose + they be instructed,— + </p> + <p> + To appoint proper persons to assay and examine, with the utmost accuracy + practicable, the Spanish milled dollars of different dates in circulation + with us. + </p> + <p> + To assay and examine, in like manner, the fineness of all the other coins + which may be found in circulation within these states. + </p> + <p> + To report to the Committee the result of these assays, by them to be laid + before Congress. + </p> + <p> + To appoint, also, proper persons to inquire what are the proportions + between the values of fine gold and fine silver, at the markets of the + several countries with which we are, or probably may be, connected in + commerce; and what would be a proper proportion here, having regard to the + average of their values at those markets, and to other circumstances, and + to report the same to the Committee, by them to be laid before Congress. + </p> + <p> + To prepare an Ordinance for establishing the Unit of Money within these + States; for subdividing it; and for striking coins of gold, silver, and + copper, on the following principles. + </p> + <p> + That the Money Unit of these States shall be equal in value to a Spanish + milled dollar containing so much fine silver as the assay, before + directed, shall show to be contained, on an average, in dollars of the + several dates in circulation with us. + </p> + <p> + That this Unit shall be divided into tenths and hundredths; that there + shall be a coin of silver of the value of a Unit; one other of the same + metal, of the value of one tenth of a Unit; one other of copper, of the + value of the hundredth of a Unit. + </p> + <p> + That there shall be a coin of gold of the value of ten units, according to + the report before directed, and the judgment of the Committee thereon. + </p> + <p> + That the alloy of the said coins of gold and silver shall be equal in + weight to one eleventh part of the fine metal. + </p> + <p> + That there be proper devices for these coins. + </p> + <p> + That measures be proposed for preventing their diminution, and also their + currency, and that of any others, when diminished. + </p> + <p> + That the several foreign coins be described and classed in the said + Ordinance, the fineness of each class stated, and its value by weight + estimated in Units and decimal parts of Units. + </p> + <p> + And that the said draught of an Ordinance be reported to Congress at their + next meeting, for their consideration and determination. + </p> + <p> + Supplementary Explanations. + </p> + <p> + The preceding notes having been submitted to the consideration of the + Financier, he favored me with his opinion and observations on them, which + render necessary the following supplementary explanations. + </p> + <p> + I observed in the preceding notes, that the true proportion of value + between gold and silver was a mercantile problem altogether, and that, + perhaps, fifteen for one, might be found an eligible proportion. The + Financier is so good as to inform me, that this would be higher than the + market would justify. Confident of his better information on this subject, + I recede from that idea.* + </p> + <p> + * In a Newspaper, which frequently gives good details in political + economy, I find, under the Hamburg head, that the present market price of + Gold and Silver is, in England, 15.5 for 1: in Russia, 15: in Holland, + 14.75: in Savoy, 14.96: in Fiance, 14.42: in Spain, 14.3: in Germany, + 14.155: the average of which is 14.615 or 14 1/2. I would still incline to + give a little more than the market price for gold, because of its superior + convenience in transportation. + </p> + <p> + He also informs me, that the several coins in circulation among us, have + already been assayed with accuracy, and the result published in a work on + that subject. The assay of Sir Isaac Newton had superseded, in my mind, + the necessity of this operation as to the older coins, which were the + subject of his examination. This later work, with equal reason, may be + considered as saving the same trouble as to the latter coins. + </p> + <p> + So far, then, I accede to the opinions of the Financier. On the other + hand, he seems to concur with me, in thinking his smallest fractional + division too minute for a Unit, and, therefore, proposes to transfer that + denomination to his largest silver coin, containing 1000 of the units + first proposed, and worth about 4s. 2d. lawful, or 25/36 of a dollar. The + only question then remaining between us is, whether the Dollar, or this + coin, be best for the Unit. We both agree that the ease of adoption with + the people, is the thing to be aimed at. + </p> + <p> + 1. As to the Dollar, events have overtaken and superseded the question. It + is no longer a doubt whether the people can adopt it with ease; they have + adopted it, and will have to be turned out of that, into another track of + calculation, if another Unit be assumed. They have now two Units, which + they use with equal facility, viz. the Pound of their respective state, + and the Dollar. The first of these is peculiar to each state; the second, + happily, common to all. In each state, the people have an easy rule for + converting the pound of their state into dollars, or dollars into pounds; + and this is enough for them, without knowing how this may be done in every + state of the Union. Such of them as live near enough the borders of their + state to have dealings with their neighbors, learn also the rule of their + neighbors: Thus, in Virginia and the Eastern States, where the dollar is + 6s. or 3/10 of a pound, to turn pounds into dollars, they multiply by 10, + and divide by 3. To turn dollars into pounds, they multiply by 3, and + divide by 10. Those in Virginia who live near to Carolina, where the + dollar is 8s. or 4/10 of a pound, learn the operation of that state, which + is a multiplication by 4, and division by 10, <i>et e converso</i>. Those + who live near Maryland, where the dollar is 7s. 6d. or 3/8 of a pound, + multiply by 3, and divide by 8, <i>et e converso</i>. All these operations + are easy, and have been found by experience, not too much for the + arithmetic of the people, when they have occasion to convert their old + Unit into dollars, or the reverse. + </p> + <p> + 2. As to the Unit of the Financier; in the States where the dollar is 3/10 + of a pound, this Unit will be 5/24. Its conversion into the pound then, + will be by a multiplication by 5, and a division by 24. In the States + where the dollar is 3/8 of a pound, this Unit will be 25/96 of a pound, + and the operation must be to multiply by 25, and divide by 96, <i>et e + converso</i>. Where the dollar is 4/10 of a pound, this Unit will be 5/18. + The simplicity of the fraction, and of course the facility of conversion + and reconversion, is therefore against this Unit, and in favor of the + dollar, in every instance. The only advantage it has over the dollar, is, + that it will in every case express our farthing without a remainder; + whereas, though the dollar and its decimals will do this in many cases, it + will not in all. But, even in these, by extending your notation one figure + farther, to wit, to thousands, you approximate a perfect accuracy within + less than the two thousandth part of a dollar; an atom in money which + every one would neglect. Against this single inconvenience, the other + advantages of the dollar are more than sufficient to preponderate. This + Unit will present to the people a new coin, and whether they endeavor to + estimate its value by comparing it with a Pound, or with a Dollar, the + Units they now possess, they will find the fraction very compound, and of + course less accommodated to their comprehension and habits than the + dollar. Indeed the probability is, that they could never be led to compute + in it generally. + </p> + <p> + The Financier supposes that the 1/100 of a dollar is not sufficiently + small, where the poor are purchasers or vendors. If it is not, make a + smaller coin. But I suspect that it is small enough. Let us examine facts, + in countries where we are acquainted with them. In Virginia, where our + towns are few, small, and of course their demand for necessaries very + limited, we have never yet been able to introduce a copper coin at all. + The smallest coin which any body will receive there, is the half-bit, or + 1/20 of a dollar. In those states where the towns are larger and more + populous, a more habitual barter for small wants, has called for a copper + coin of 1/90 or 1/96 or 1/108 of a dollar. In England, where the towns are + many and pouplous, and where ages of experience have matured the + conveniences of intercourse, they have found that some wants may be + supplied for a farthing, or 1/208 of a dollar, and they have accommodated + a coin to this want. This business is evidently progressive. In Virginia + we are far behind. In some other states, they are farther advanced, to + wit, to the appreciation of 1/90, 1/96 or 1/108 of a dollar. To this most + advanced state, then, I accommodated my smartest coin in the decimal + arrangement, as a money of payment, corresponding with the money of + account. I have no doubt the time will come when a smaller coin will be + called for. When that comes, let it be made. It will probably be the half + of the copper I propose, that is to say 5/1000 or.005 of a dollar, this + being very nearly the farthing of England. But it will be time enough to + make it, when the people shall be ready to receive it. + </p> + <p> + My proposition then, is, that our notation of money shall be decimal, + descending <i>ad libitum</i> of the person noting; that the Unit of this + notation shall be a Dollar; that coins shall be accommodated to it from + ten dollars to the hundredth of a dollar; and that, to set this on foot, + the resolutions be adopted which were proposed in the notes, only + substituting an inquiry into the fineness of the coins in lieu of an assay + of them. + </p> + <p> + <a name="link2H_4_0010" id="link2H_4_0010"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE G.] + </h2> + <p> + I have sometimes asked myself, whether my country is the better for my + having lived at all. I do not know that it is. I have been the instrument + of doing the following things; but they would have been done by others; + some of them, perhaps, a little better. + </p> + <p> + The Rivanna had never been used for navigation; scarcely an empty canoe + had ever passed down it. Soon after I came of age I examined its + obstructions, set on foot a subscription for removing them, got an act of + Assembly passed, and the thing effected, so as to be used completely and + fully for carrying down all our produce. + </p> + <p> + The Declaration of Independence. + </p> + <p> + I proposed the demolition of the Church establishment, and the freedom of + religion. It could only be done by degrees; to wit, the act of 1776, c. 2. + exempted dissenters from contributions to the Church, and left the Church + clergy to be supported by voluntary contributions of their own sect; was + continued from year to year, and made perpetual 1779, c. 36. I prepared + the act for religious freedom in 1777, as part of the revisal, which was + not reported to the Assembly till 1779, and that particular law not passed + till 1785, and then by the efforts of Mr. Madison. + </p> + <p> + The act putting an end to entails. + </p> + <p> + The act prohibiting the importation of slaves. + </p> + <p> + The act concerning citizens, and establishing the natural right of man to + expatriate himself at will. + </p> + <p> + The act changing the course of descents, and giving the inheritance to all + the children, &c. equally, I drew as part of the revisal. + </p> + <p> + The act for apportioning crimes and punishments, part of the same work, I + drew. When proposed to the Legislature by Mr. Madison, in 1785, it failed + by a single vote. G. K. Taylor afterwards, in 1796, proposed the same + subject; avoiding the adoption of any part of the diction of mine, the + text of which had been studiously drawn in the technical terms of the law, + so as to give no occasion for new questions by new expressions. When I + drew mine, public labor was thought the best punishment to be substituted + for death. But, while I was in France, I heard of a society in England who + had successfully introduced solitary confinement, and saw the drawing of a + prison at Lyons, in France, formed on the idea of solitary confinement. + And, being applied to by the Governor of Virginia for the plan of a + Capitol and Prison, I sent him the Lyons plan, accompanying it with a + drawing on a smaller scale, better adapted to our use. This was in June, + 1786. Mr. Taylor very judiciously adopted this idea, (which had now been + acted on in Philadelphia, probably from the English model,) and + substituted labor in confinement, to the public labor proposed by the + Committee of revisal; which themselves would have done, had they been to + act on the subject again. The public mind was ripe for this in 1796, when + Mr. Taylor proposed it, and ripened chiefly by the experiment in + Philadelphia; whereas, in 1785, when it had been proposed to our Assembly, + they were not quite ripe for it. + </p> + <p> + In 1789 and 1790, I had a great number of olive plants, of the best kind, + sent from Marseilles to Charleston, for South Carolina and Georgia. They + were planted, and are flourishing; and, though not yet multiplied, they + will be the germ of that cultivation in those States. + </p> + <p> + In 1790, I got a cask of heavy upland rice, from the river Denbigh, in + Africa, about lat. 9° 30’ North, which I sent to Charleston, in hopes it + might supersede the culture of the wet rice, which renders South Carolina + and Georgia so pestilential through the summer. It was divided, and a part + sent to Georgia. I know not whether it has been attended to in South + Carolina; but it has spread in the upper parts of Georgia, so as to have + become almost general, and is highly prized. Perhaps it may answer in + Tennessee and Kentucky. The greatest service which can be rendered any + country is, to add an useful plant to its culture; especially a bread + grain; next in value to bread is oil. + </p> + <p> + Whether the Act for the more general diffusion of knowledge will ever be + carried into complete effect, I know not. It was received, by the + legislature, with great enthusiasm at first; and a small effort was made + in 1796, by the act to establish public schools, to carry a part of it + into effect, viz. that for the establishment of free English schools; but + the option given to the courts has defeated the intention of the Act.* + </p> +<pre xml:space="preserve"> + * It appears, from a blank space at the bottom of this + paper, that a continuation had been intended. Indeed, from + the loose manner in which the above notes are written, it + may be inferred that they were originally intended as + memoranda only, to be used in some more permanent form. +</pre> + <p> + <a name="link2H_4_0011" id="link2H_4_0011"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE H.] + </h2> + <p> + Sir, + </p> + <p> + New York, October 13, 1789. + </p> + <p> + In the selection of characters to fill the important offices of Government + in the United States, I was naturally led to contemplate the talents and + dispositions which I knew you to possess and entertain for the service of + your country; and without being able to consult your inclination, or to + derive any knowledge of your intentions from your letters, either to + myself or to any other of your friends, I was determined, as well by + motives of private regard, as a conviction of public propriety, to + nominate you for the Department of State, which, under its present + organization, involves many of the most interesting objects of the + Executive authority. + </p> + <p> + But grateful as your acceptance of this commission would be to me, I am, + at the same time, desirous to accommodate your wishes, and I have, + therefore, forborne to nominate your successor at the court of Versailles + until I should be informed of your determination. + </p> + <p> + Being on the eve of a journey through the Eastern States, with a view to + observe the situation of the country, and in a hope of perfectly + re-establishing my health, which a series of indispositions has much + impaired, I have deemed it proper to make this communication of your + appointment, in order that you might lose no time, should it be your wish + to visit Virginia during the recess of Congress, which will probably be + the most convenient season, both as it may respect your private concerns, + and the public service. + </p> + <p> + Unwilling, as I am, to interfere in the direction of your choice of + assistants, I shall only take the liberty of observing to you, that, from + warm recommendations which I have received in behalf of Roger Alden, Esq., + Assistant Secretary to the late Congress, I have placed all the papers + thereunto belonging under his care. Those papers which more properly + appertain to the office of Foreign Affairs, are under the superintendence + of Mr. Jay, who has been so obliging as to continue his good offices, and + they are in the immediate charge of Mr. Remsen. + </p> + <p> + With sentiments of very great esteem and regard, I have the honor to be, + Sir, + </p> + <p> + Your most obedient servant, + </p> + <p> + George Washington. + </p> + <p> + The Honorable Thomas Jefferson. + </p> + <p> + I take the occasion to acknowledge the receipt of your several favors of + the 4th and 5th of December of the last, and 10th of May of the present + year, and to thank you for the communications therein. G. W. + </p> + <p> + New York, November 30, 1789. + </p> + <p> + Dear Sir, + </p> + <p> + You will perceive by the inclosed letter (which was left for you at the + office of Foreign Affairs when I made a journey to the Eastern States), + the motives, on which I acted with regard to yourself, and the occasion of + my explaining them at that early period. + </p> + <p> + Having now reason to hope, from Mr. Trumbull’s report, that you will be + arrived at Norfolk before this time (on which event I would most cordially + congratulate you), and having a safe conveyance by Mr. Griffin, I forward + your commission to Virginia; with a request to be made acquainted with + your sentiments as soon as you shall find it convenient to communicate + them to me. With sentiments of very great esteem and regard, + </p> + <p> + I am, dear Sir, + </p> + <p> + Your most obedient, humble servant, + </p> + <p> + George Washington. + </p> + <p> + The Honorable Thomas Jefferson. + </p> + <hr /> + <p> + <a name="link2H_4_0012" id="link2H_4_0012"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h1> + CORRESPONDENCE + </h1> + <p> + <a name="link2H_4_0013" id="link2H_4_0013"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER I.—TO DR. WILLIAM SMALL, May 7, 1775 + </h2> + <p> + TO DR. WILLIAM SMALL. + </p> + <p> + May 7, 1775. + </p> + <p> + Dear Sir, + </p> + <p> + Within this week we have received the unhappy news of an action of + considerable magnitude, between the King’s troops and our brethren of + Boston, in which, it is said, five hundred of the former, with the Earl of + Percy, are slain. That such an action has occurred, is undoubted, though + perhaps the circumstances may not have reached us with truth. This + accident has cut off our last hope of reconciliation, and a phrenzy of + revenge seems to have seized all ranks of people. It is a lamentable + circumstance, that the only mediatory power, acknowledged by both parties, + instead of leading to a reconciliation his divided people, should pursue + the incendiary purpose of still blowing up the flames, as we find him + constantly doing, in every speech and public declaration. This may, + perhaps, be intended to intimidate into acquiescence, but the effect has + been most unfortunately otherwise. A little knowledge of human nature, and + attention to its ordinary workings, might have foreseen that the spirits + of the people here were in a state, in which they were more likely to be + provoked, than frightened, by haughty deportment. And to fill up the + measure of irritation, a proscription of individuals has been substituted + in the room of just trial. Can it be believed, that a grateful people will + suffer those to be consigned to execution, whose sole crime has been the + developing and asserting their rights? Had the Parliament possessed the + power of reflection, they would have avoided a measure as impotent, as it + was inflammatory. When I saw Lord Chatham’s bill, I entertained high hope + that a reconciliation could have been brought about. The difference + between his terms, and those offered by our Congress, might have been + accommodated, if entered on, by both parties, with a disposition to + accommodate. But the dignity of Parliament, it seems, can brook no + opposition to its power. Strange, that a set of men, who have made sale of + their virtue to the minister, should yet talk of retaining dignity. But I + am getting into politics, though I sat down only to ask your acceptance of + the wine: and express my constant wishes for your happiness. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0014" id="link2H_4_0014"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER II.—TO JOHN RANDOLPH, August 25,1775 + </h2> + <p> + TO JOHN RANDOLPH, ESQ., + </p> + <p> + Monticello, + </p> + <p> + August 25,1775. + </p> + <p> + Dear Sir, + </p> + <p> + I am sorry the situation of our country should render it not eligible to + you to remain longer in it. I hope the returning wisdom of Great Britain + will, ere long, put an end to this unnatural contest. There may be people + to whose tempers and dispositions contention is pleasing, and who, + therefore, wish a continuance of confusion; but to me it is of all states + but one, the most horrid: My first wish is a restoration of our just + rights; my second, a return of the happy period, when, consistently with + duty, I may withdraw myself totally from the public stage, and pass the + rest of my days in domestic ease and tranquillity, banishing every desire + of ever hearing what passes in the world. Perhaps, (for the latter adds + considerably to the warmth of the former wish,) looking with fondness + towards a reconciliation with Great Britain, I cannot help hoping you may + be able to contribute towards expediting this good work. I think it must + be evident to yourself, that the Ministry have been deceived by their + officers on this side of the water, who (for what purpose, I cannot tell) + have constantly represented the American opposition as that of a small + faction, in which the body of the people took little part. This, you can + inform them, of your own knowledge, is untrue. They have taken it into + their heads, too, that we are cowards, and shall surrender at discretion + to an armed force. The past and future operations of the war must confirm + or undeceive them on that head. I wish they were thoroughly and minutely + acquainted with every circumstance relative to America, as it exists in + truth. I am persuaded, this would go far towards disposing them to + reconciliation. Even those in Parliament who are called friends to + America, seem to know nothing of our real determinations. I observe, they + pronounced in the last Parliament, that the Congress of 1774 did not mean + to insist rigorously on the terms they held out, but kept something in + reserve, to give up: and, in fact, that they would give up every thing but + the article of taxation. Now, the truth is far from this, as I can affirm, + and put my honor to the assertion. Their continuance in this error may + perhaps produce very ill consequences. The Congress stated the lowest + terms they thought possible to be accepted, in order to convince the world + they were not unreasonable. They gave up the monopoly and regulation of + trade, and all acts of Parliament prior to 1764, leaving to British + generosity to render these, at some future time, as easy to America as the + interest of Britain would admit. But this was before blood was spilt. I + cannot affirm, but have reason to think, these terms would not now be + accepted. I wish no false sense of honor, no ignorance of our real + intentions, no vain hope that partial concessions of right will be + accepted, may induce the Ministry to trifle with accommodation, till it + shall be out of their power ever to accommodate. If, indeed, Great + Britain, disjoined from her colonies, be a match for the most potent + nations of Europe, with the colonies thrown into their scale, they may go + on securely. But if they are not assured of this, it would be certainly + unwise, by trying the event of another campaign, to risk our accepting a + foreign aid, which perhaps may not be obtainable but on condition of + everlasting avulsion from Great Britain. This would be thought a hard + condition to those who still wish for reunion with their parent country. I + am sincerely one of those, and would rather be in dependence on Great + Britain, properly limited, than on any nation upon earth, or than on no + nation. But I am one of those, too, who, rather than submit to the rights + of legislating for us, assumed by the British Parliament, and which late + experience has shown they will so cruelly exercise, would lend my hand to + sink the whole island in the ocean. + </p> + <p> + If undeceiving the Minister, as to matters of fact, may change his + disposition, it will perhaps be in your power, by assisting to do this, to + render service to the whole empire at the most critical time, certainly, + that it has ever seen. Whether Britain shall continue the head of the + greatest empire on earth, or shall return to her original station in the + political scale of Europe, depends perhaps on the resolutions of the + succeeding winter. God send they may be wise and salutary for us all. I + shall be glad to hear from you as often as you may be disposed to think of + things here. You may be at liberty, I expect; to communicate some things, + consistently with your honor and the duties you will owe to a protecting + nation. Such a communication among individuals may be mutually beneficial + to the contending parties. On this or any future occasion, if I affirm to + you any facts, your knowledge of me will enable you to decide on their + credibility; if I hazard opinions on the dispositions of men or other + speculative points, you can only know they are my opinions. My best wishes + for your felicity attend you wherever you go; and believe me to be, + assuredly, + </p> + <p> + Your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0015" id="link2H_4_0015"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER III.—TO JOHN RANDOLPH, November 29, 1775 + </h2> + <p> + TO JOHN RANDOLPH, ESQ.. + </p> + <p> + Philadelphia, + </p> + <p> + November 29, 1775. + </p> + <p> + Dear Sir, + </p> + <p> + I am to give you the melancholy intelligence of the death of our most + worthy Speaker, which happened here on the 22nd of the last month. He was + struck with an apoplexy, and expired within five hours. + </p> + <p> + I have it in my power to acquaint you that the success of our arms has + corresponded with the justness of our cause. Chambly and St. Johns were + taken some weeks ago, and in them the whole regular army in Canada, except + about forty or fifty men. This day certain intelligence has reached us + that our General, Montgomery, is received into Montreal: and we expect + every hour to be informed that Quebec has opened its arms to Colonel + Arnold, who, with eleven hundred men, was sent from Boston up the + Kennebec, and down the Chaudiere river to that place. He expected to be + there early this month. Montreal acceded to us on the 13th, and Carleton + set out, with the shattered remains of his little army, for Quebec, where + we hope he will be taken up by Arnold. In a short time, we have reason to + hope, the delegates of Canada will join us in Congress, and complete the + American union as far as we wish to have it completed. We hear that one of + the British transports has arrived at Boston; the rest are beating off the + coast, in very bad weather. You will have heard, before this reaches you, + that Lord Dunmore has commenced hostilities in Virginia. That people bore + with every thing, till he attempted to burn the town of Hampton. They + opposed and repelled him, with considerable loss on his side, and none on + ours. It has raised our countrymen into a perfect phrenzy. It is an + immense misfortune to the whole empire to have a King of such a + disposition at such a time. We are told, and every thing proves it true, + that he is the bitterest enemy we have. His Minister is able, and that + satisfies me that ignorance, or wickedness, somewhere, controls him. In an + earlier part of this contest, our petitions told him, that from our King + there was but one appeal. The admonition was despised, and that appeal + forced on us. To undo his empire, he has but one truth more to learn; + that, after colonies have drawn the sword, there is but one step more they + can take. That step is now pressed upon us by the measures adopted, as if + they were afraid we would not take it. Believe me, dear Sir, there is not + in the British empire a man who more cordially loves a union with Great + Britain than I do. But, by the God that made me, I will cease to exist + before I yield to a connection on such terms as the British Parliament + propose; and in this, I think I speak the sentiments of America. We want + neither inducement nor power to declare and assert a separation. It is + will alone which is wanting, and that is growing apace under the fostering + hand of our King. One bloody campaign will probably decide everlastingly + our future course; I am sorry to find a bloody campaign is decided on. If + our winds and waters should not combine to rescue their shores from + slavery, and General Howe’s reinforcement should arrive in safety, we have + hopes he will be inspirited to come out of Boston and take another + drubbing: and we must drub him soundly before the sceptred tyrant will + know we are not mere brutes, to crouch under his hand, and kiss the rod + with which he deigns to scourge us. + </p> + <p> + Yours, &c. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0016" id="link2H_4_0016"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER IV.—TO BENJAMIN FRANKLIN, August 13, 1777 + </h2> + <p> + TO DR. BENJAMIN FRANKLIN, PARIS. + </p> + <p> + Virginia, + </p> + <p> + August 13, 1777. + </p> + <p> + Honorable Sir, + </p> + <p> + I forbear to write you news, as the time of Mr. Shore’s departure being + uncertain, it might be old before you receive it, and he can, in person, + possess you of all we have. With respect to the State of Virginia in + particular, the people seem to have laid aside the monarchical, and taken + up the republican government, with as much ease as would have attended + their throwing off an old and putting on a new suit of clothes. Not a + single throe has attended this important transformation. A half dozen + aristocratical gentlemen, agonizing under the loss of pre-eminence, have + sometimes ventured their sarcasms on our political metamorphosis. They + have been thought fitter objects of pity than of punishment. We are at + present in the complete and quiet exercise of well organized government, + save only that our courts of justice do not open till the fall. I think + nothing can bring the security of our continent and its cause into danger, + if we can support the credit of our paper. To do that, I apprehend one of + two steps must be taken. Either to procure free trade by alliance with + some naval power able to protect it; or, if we find there is no prospect + of that, to shut our ports totally to all the world, and turn our colonies + into manufactories. The former would be most eligible, because most + conformable to the habits and wishes of our people. Were the British Court + to return to their senses in time to seize the little advantage which + still remains within their reach from this quarter, I judge that, on + acknowledging our absolute independence and sovereignty, a commercial + treaty beneficial to them, and perhaps even a league of mutual offence and + defence, might, not seeing the expense or consequences of such a measure, + be approved by our people, if nothing in the mean time, done on your part, + should prevent it. But they will continue to grasp at their desperate + sovereignty, till every benefit short of that is for ever out of their + reach. I wish my domestic situation had rendered it possible for me to + join you in the very honorable charge confided to you. Residence in a + polite Court, society of literati of the first order, a just cause and an + approving God, will add length to a life for which all men pray, and none + more than + </p> + <p> + Your most obedient + </p> + <p> + and humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0017" id="link2H_4_0017"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER V.—TO PATRICK HENRY, March 27, 1779 + </h2> + <p> + TO HIS EXCELLENCY PATRICK HENRY. + </p> + <p> + Albemarle, + </p> + <p> + March 27, 1779. + </p> + <p> + Sir, + </p> + <p> + A report prevailing here, that in consequence of some powers from + Congress, the Governor and Council have it in contemplation to remove the + Convention troops, [The troops under Burgoyne, captured at Saratoga.] + either wholly or in part, from their present situation, I take the liberty + of troubling you with some observations on that subject. The reputation + and interest of our country, in general, may be affected by such a + measure; it would, therefore, hardly be deemed an indecent liberty, in the + most private citizen, to offer his thoughts to the consideration of the + Executive. The locality of my situation, particularly, in the neighborhood + of the present barracks, and the public relation in which I stand to the + people among whom they are situated, together with a confidence, which a + personal knowledge of the members of the Executive gives me, that they + Will be glad of information from any quarter, on a subject interesting to + the public, induce me to hope that they will acquit me of impropriety in + the present representation. + </p> + <p> + By an article in the Convention of Saratoga, it is stipulated, on the part + of the United States, that the officers shall not be separated from their + men. I suppose the term officers, includes general as well as regimental + officers. As there are general officers who command all the troops, no + part of them can be separated from these officers without a violation of + the article: they cannot, of course, be separated from one another, unless + the same general officer could be in different places at the same time. It + is true, the article adds the words, ‘as far as circumstances will admit.’ + This was a necessary qualification; because, in no place in America, I + suppose, could there have been found quarters for both officers and men + together; those for the officers to be according to their rank. So far, + then, as the circumstances of the place where they should be quartered, + should render a separation necessary, in order to procure quarters for the + officers, according to their rank, the article admits that separation. And + these are the circumstances which must have been under the contemplation + of the parties; both of whom, and all the world beside (who are ultimate + judges in the case), would still understand that they were to be as near + in the environs of the camp, as convenient quarters could be procured; and + not that the qualification of the article destroyed the article itself and + laid it wholly at our discretion. Congress, indeed, have admitted of this + separation; but are they so far lords of right and wrong as that our + consciences may be quiet with their dispensation? Or is the case amended + by saying they leave it optional in the Governor and Council to separate + the troops or not? At the same time that it exculpates not them, it is + drawing the Governor and Council into a participation in the breach of + faith. If indeed it is only proposed, that a separation of the troops + shall be referred to the consent of their officers; that is a very + different matter. Having carefully avoided conversation with them on + public subjects, I cannot say, of my own knowledge, how they would relish + such a proposition. I have heard from others, that they will choose to + undergo any thing together, rather than to be separated, and that they + will remonstrate against it in the strongest terms. The Executive, + therefore, if voluntary agents in this measure, must be drawn into a paper + war with them, the more disagreeable, as it seems that faith and reason + will be on the other side. As an American, I cannot help feeling a + thorough mortification, that our Congress should have permitted an + infraction of our public honor; as a citizen of Virginia, I cannot help + hoping and confiding, that our supreme Executive, whose acts will be + considered as the acts of the Commonwealth, estimate that honor too highly + to make its infraction their own act. I may be permitted to hope, then, + that if any removal takes place, it will be a general one: and, as it is + said to be left to the Governor and Council to determine on this, I am + satisfied, that, suppressing every other consideration, and weighing the + matter dispassionately, they will determine upon this sole question, Is it + for the benefit of those for whom they act, that, the Convention troops + should be removed from among them? Under the head of interest, these + circumstances, viz. the expense of building barracks, said to have been + £25,000, and of removing the troops backwards and forwards, amounting to I + know not how much, are not to be pre-termitted, merely because they are + Continental expenses; for we are a part of the Continent; we must pay a + shilling of every dollar wasted. But the sums of money, which, by these + troops, or on their account, are brought into, and expended in this State, + are a great and local advantage. This can require no proof. If, at the + conclusion of the war, for instance, our share of the Continental debt + should be twenty millions of dollars, or say that we are called on to + furnish an annual quota of two millions four hundred thousand dollars, to + Congress, to be raised by tax, it is obvious that we should raise these + given sums with greater or less ease, in proportion to the greater or less + quantity of money found in circulation among us. I expect that our + circulating money is, by the presence of these troops, at the rate of + $30,000 a week, at the least. I have heard, indeed, that an objection + arises to their being kept within this state, from the information of the + commissary that they cannot be subsisted here. In attending to the + information of that officer, it should be borne in mind that the county of + King William and its vicinities are one thing, the territory of Virginia + another. If the troops could be fed upon long letters, I believe the + gentleman at the head of that department in this country would be the best + commissary upon earth. But till I see him determined to act, not to write; + to sacrifice his domestic ease to the duties of his appointment, and apply + to the resources of this country, wheresoever they are to be had, I must + entertain a different opinion of him. I am mistaken, if, for the animal + sub-sistence of the troops hitherto, we are not principally indebted to + the genius and exertions of Hawkins, during the very short time he lived + after his appointment to that department, by your board. His eye + immediately pervaded the whole state; it was reduced at once to a regular + machine, to a system, and the whole put into movement and animation by the + <i>fiat</i> of a comprehensive mind. If the Commonwealth of Virginia + cannot furnish these troops with bread, I would ask of the commissariat, + which of the thirteen is now become the grain colony? If we are in danger + of famine from the addition of four thousand mouths, what is become of + that surplus of bread, the exportation of which used to feed the West + Indies and Eastern States, and fill the colony with hard money? When I + urge the sufficiency of this State, however, to subsist these troops, I + beg to be understood, as having in contemplation the quantity of + provisions necessary for their real use, and not as calculating what is to + be lost by the wanton waste, mismanagement, and carelessness of those + employed about it. If magazines of beef and pork are suffered to rot by + slovenly butchering, or for want of timely provision and sale; if + quantities of flour are exposed by the commissaries entrusted with the + keeping it, to pillage and destruction; and if, when laid up in the + Continental stores, it is still to be embezzled and sold, the land of + Egypt itself would be insufficient for their supply, and their removal + would be necessary, not to a more plentiful country, but to more able and + honest commissaries. Perhaps, the magnitude of this question, and its + relation to the whole state, may render it worth while to await, the + opinion of the National Council, which is now to meet within a few weeks. + There is no danger of distress in the mean time, as the commissaries + affirm they have a great sufficiency of provisions for some time to come. + Should the measure of removing them into another State be adopted, and + carried into execution, before the meeting of Assembly, no disapprobation + of theirs will bring them back, because they will then be in the power of + others, who will hardly give them up. + </p> + <p> + Want of information as to what may be the precise measure proposed by the + Governor and Council, obliges me to shift my ground, and take up the + subject in every possible form. Perhaps they have not thought to remove + the troops out of this State altogether, but to some other part of it. + Here, the objections arising from the expenses of removal, and of building + new barracks, recur. As to animal food, it may be driven to one part of + the country as easily as to another: that circumstance, therefore, may be + thrown out of the question. As to bread, I suppose they will require about + forty or forty-five thousand bushels of grain a year. The place to which + it is to be brought to them, is about the centre of the State. Besides + that the country round about is fertile, all the grain made in the + counties adjacent to any kind of navigation, may be brought by water to + within twelve miles of the spot. For these twelve miles, wagons must be + employed; I suppose half a dozen will be a plenty. Perhaps this part of + the expense might have been saved, had the barracks been built on the + water; but it is not sufficient to justify their being abandoned now they + are built. Wagonage, indeed, seems to the commissariat, an article not + worth economizing. The most wanton and studied circuity of transportation + has been practised: to mention only one act, they have bought quantities + of flour for these troops in Cumberland, have ordered it to be wagoned + down to Manchester, and wagoned thence up to the barracks. This fact + happened to fall within my own knowledge. I doubt not there are many more + such, in order either to produce their total removal, or to run up the + expenses of the present situation, and satisfy Congress that the nearer + they are brought to the commissary’s own bed, the cheaper they will be + subsisted. The grain made in the Western counties may be brought partly in + wagons, as conveniently to this as to any other place; perhaps more so, on + account of its vicinity to one of the best passes through the Blue Ridge; + and partly by water, as it is near to James river, to the navigation of + which, ten counties are adjacent above the falls. When I said that the + grain might be brought hither from all the counties of the State, adjacent + to navigation, I did not mean to say it would be proper to bring it from + all. On the contrary, I think the commissary should be instructed, after + the next harvest, not to send one bushel of grain to the barracks from + below the falls of the rivers, or from the northern counties. The counties + on tide water are accessible to the calls for our own army. Their supplies + ought, therefore, to be husbanded for them. The counties in the + northwestern parts of the State are not only within reach for our own + grand army, but peculiarly necessary for the support of Macintosh’s army; + or for the support of any other northwestern expedition, which the + uncertain conduct of the Indians should render necessary; insomuch that if + the supplies of that quarter should be misapplied to any other purpose, it + would destroy in embryo every exertion, either for particular or general + safety there. The counties above tide water, in the middle and southern + and western parts of the country, are not accessible to calls for either + of those purposes, but at such an expense of transportation as the article + would not bear. Here, then, is a great field, whose supplies of bread + cannot be carried to our army, or, rather, which will raise no supplies of + bread, because there is no body to eat them. Was it not, then, wise in + Congress to remove to that field four thousand idle mouths, who must + otherwise have interfered with the pasture of our own troops? And, if they + are removed to any other part of the country, will it not defeat this wise + purpose? The mills on the waters of James river, above the falls, open to + canoe navigation, are very many. Some of them are of great note, as + manufacturers. The barracks are surrounded by mills. There are five or six + round about Charlottesville. Any two or three of the whole might, in the + course of the winter, manufacture flour sufficient for the year. To say + the worst, then, of this situation, it is but twelve miles wrong. The safe + custody of these troops is another circumstance worthy consideration. + Equally removed from the access of an eastern or western enemy; central to + the whole State, so that, should they attempt an irruption in any + direction, they must pass through a great extent of hostile country; in a + neighborhood thickly inhabited by a robust and hardy people, zealous in + the American cause, acquainted with the use of arms, and the defiles and + passes by which they must issue: it would seem, that in this point of + view, no place could have been better chosen. + </p> + <p> + Their health is also of importance. I would not endeavor to show that + their lives are valuable to us, because it would suppose a possibility, + that humanity was kicked out of doors in America, and interest only + attended to. The barracks occupy the top and brow of a very high hill, + (you have been untruly told they were in a bottom.) They are free from + fog, have four springs which seem to be plentiful, one within twenty yards + of the piquet, two within fifty yards, and another within two hundred and + fifty, and they propose to sink wells within the piquet. Of four thousand + people, it should be expected, according to the ordinary calculations, + that one should die every day. Yet, in the space of near three months, + there have been but four deaths among them; two infants under three weeks + old, and two others by apoplexy. The officers tell me, the troops were + never before so healthy since they were embodied. + </p> + <p> + But is an enemy so execrable, that, though in captivity, his wishes and + comforts are to be disregarded and even crossed? I think not. It is for + the benefit of mankind to mitigate the horrors of war as much as possible. + The practice, therefore, of modern nations, of treating captive enemies + with politeness and generosity, is not only delightful in contemplation, + but really interesting to all the world, friends, foes, and neutrals. Let + us apply this: the officers, after considerable hardships, have all + procured quarters comfortable and satisfactory to them. In order to do + this, they were obliged, in many instances, to hire houses for a year + certain, and at such exorbitant rents, as were sufficient to tempt + independent owners to go out of them, and shift as they could. These + houses, in most cases, were much out of repair. They have repaired them at + a considerable expense. One of the general officers has taken a place for + two years, advanced the rent for the whole time, and been obliged, + moreover, to erect additional buildings for the accommodation of part of + his family, for which there was not room in the house rented. Independent + of the brick work, for the carpentry of these additional buildings, I know + he is to pay fifteen hundred dollars. The same gentleman, to my knowledge, + has-paid to one person, three thousand six hundred, and seventy dollars, + for different articles to fix himself commodiously. They have generally + laid in their stocks of grain and other provisions, for it is well known + that officers do not live on their rations. They have purchased cows, + sheep, &c, set in to farming, prepared their gardens, and have a + prospect of comfort and quiet before them. To turn to the soldiers: the + environs of the barracks are delightful, the ground cleared, laid off in + hundreds of gardens, each enclosed in its separate paling; these well + prepared, and exhibiting, a fine appearance. General Riedesel, alone, laid + out upwards of two hundred pounds in garden seeds, for the German troops + only. Judge what an extent of ground these seeds would cover. There is + little doubt that their own gardens will furnish them a great abundance of + vegetables through the year. Their poultry, pigeons, and other + preparations of that kind, present to the mind the idea of a company of + farmers, rather than a camp of soldiers. In addition to the barracks built + for them by the public, and now very comfortable, they have built great + numbers for themselves, in such messes as fancied each other: and the + whole corps, both officers and men, seem now, happy and satisfied with + their situation. Having thus found the art of rendering captivity itself + comfortable, and carried it into execution, at their own great expense and + labor, their spirit sustained by the prospect of gratifications rising + before their eyes, does not every sentiment of humanity revolt against the + proposition of stripping them of all this, and removing them into new + situations, where from the advanced season of the year, no preparations + can be made for carrying themselves comfortably through the heats of + summer; and when it is known that the necessary advances for the + conveniences already provided, have exhausted their funds and left them + unable to make the like exertions anew. Again; review this matter as it + may regard appearances. A body of troops, after staying a twelvemonth at + Boston, are ordered to take a march of seven hundred miles to Virginia, + where, it is said, they may be plentifully subsisted. As soon as they are + there, they are ordered on some other march, because, in Virginia, it is + said, they cannot be subsisted. Indifferent nations will charge this + either to ignorance, or to whim and caprice; the parties interested, to + cruelty. They now view the proposition in that light, and it is said, + there is a general and firm persuasion among them, that they were marched + from Boston with no other purpose than to harass and destroy them with + eternal marches. Perseverance in object, though not by the most direct + way, is often more laudable than perpetual changes, as often as the object + shifts light. A character of steadiness in our councils is worth more than + the subsistence of four thousand people. + </p> + <p> + There could not have been a more unlucky concurrence of circumstances than + when these troops first came. The barracks were unfinished for want of + laborers, the spell of weather the worst ever known within the memory of + man, no stores of bread laid in, the roads, by the weather and number of + wagons, soon rendered impassable: not only the troops themselves were + greatly disappointed, but the people in the neighborhood were alarmed at + the consequences which a total failure of provisions might produce. In + this worst state of things, their situation was seen by many and + disseminated through the country, so as to occasion a general + dissatisfaction, which even seized the minds of reasonable men, who, if + not infected with the contagion, must have foreseen that the prospect must + brighten, and that great advantages to the people must necessarily arise. + It has, accordingly, so happened. The planters, being more generally + sellers than buyers, have felt the benefit of their presence in the most + vital part about them, their purses, and are now sensible of its source. I + have too good an opinion of their love of order, to believe that a removal + of these troops would produce any irregular proofs of their + disapprobation, but I am well assured it would be extremely odious to + them. + </p> + <p> + To conclude. The separation of these troops would be a breach of public + faith; therefore suppose it impossible. If they are removed to another + State, it is the fault of the commissaries; if they are removed to any + other part of the State, it is the fault of the commissaries; and in both + cases, the public interest and public security suffer, the comfortable and + plentiful subsistence of our own army is lessened, the health of the + troops neglected, their wishes crossed, and their comforts torn from them, + the character of whim and caprice, or, what is worse, of cruelty, fixed on + us as a nation, and, to crown the whole, our own people disgusted with + such a proceeding. + </p> + <p> + I have thus taken the liberty of representing to you the facts and the + reasons, which seem to militate against the separation or removal of these + troops. I am sensible, however, that the same subject may appear to + different persons in very different lights. What I have urged as reasons, + may, to sounder minds, be apparent fallacies. I hope they will appear, at + least, so plausible, as to excuse the interposition of + </p> + <p> + your Excellency’s + </p> + <p> + most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0018" id="link2H_4_0018"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER VI.—TO JOHN PAGE, January 22, 1779 + </h2> + <p> + TO JOHN PAGE. + </p> + <p> + Williamsburg, + </p> + <p> + January 22, 1779. + </p> + <p> + Dear Page, + </p> + <p> + I received your letter by Mr. Jamieson. It had given me much pain, that + the zeal of our respective friends should ever have placed you and me in + the situation of competitors. I was comforted, however, with the + reflection, that it was their competition, not ours, and that the + difference of the numbers which decided between us, was too insignificant + to give you a pain, or me a pleasure, had our dispositions towards each + other been such as to admit those sensations. I know you too well to need + an apology for any thing you do, and hope you will for ever be assured of + this; and as to the constructions of the world, they would only have added + one to the many sins for which they are to go to the devil. As this is the + first, I hope it will be the last, instance of ceremony between us. A + desire to see my family, which is in Charles City, carries me thither + to-morrow, and I shall not return till Monday. Be pleased to present my + compliments to Mrs. Page, and add this to the assurances I have ever given + you, that I am, dear Page, + </p> + <p> + your affectionate friend, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0019" id="link2H_4_0019"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER VII.—TO GENERAL WASHINGTON, June 23, 1779 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Williamsburg, + </p> + <p> + June 23, 1779. + </p> + <p> + Sir, + </p> + <p> + I have the pleasure to enclose you the particulars of Colonel Clarke’s + success against St. Vincennes, as stated in his letter but lately + received; the messenger, with his first letter, having been killed. I fear + it will be impossible for Colonel Clarke to be so strengthened, as to + enable him to do what he desires. Indeed, the express who brought this + letter, gives us reason to fear, St. Vincennes is in danger from a large + body of Indians, collected to attack it, and said, when he came from + Kaskaskias, to be within thirty leagues of the place. I also enclose you a + letter from Colonel Shelby, stating the effect of his success against the + seceding Cherokees and Chuccamogga. The damage done them, was killing half + a dozen, burning eleven towns, twenty thousand bushels of corn, collected + probably to forward the expeditions which were to have been planned at the + council which was to meet Governor Hamilton at the mouth of Tennessee, and + taking as many goods as sold for twenty-five thousand pounds. I hope these + two blows coming together, and the depriving them of their head, will, in + some measure, effect the quiet of our frontiers this summer. We have + intelligence, also, that Colonel Bowman, from Kentucky, is in the midst of + the Shawnee country, with three hundred men, and hope to hear a good + account of him. The enclosed order being in its nature important, and + generally interesting, I think it proper to transmit it to you, with the + reasons supporting it.* It will add much to our satisfaction, to know it + meets your approbation. + </p> + <p> + I have the honor to be, with every sentiment of private respect and public + gratitude, + </p> + <p> + Sir, your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. The distance of our northern and western counties from the scene of + southern service, and the necessity of strengthening our western quarter, + have induced the Council to direct the new levies from the counties of + Yohogania, Ohio, Monongalia, Frederick, Hampshire, Berkeley, Rockingham, + and Greenbrier, amounting to somewhat less than three hundred men, to + enter into the ninth regiment at Pittsburg. The aid they may give there, + will be so immediate and important, and what they could do to the + southward, would be so late, as, I hope, will apologize for their + interference. T. J. + </p> +<pre xml:space="preserve"> + * For the letter of Colonel Clarke, and the order referred + to, see Appendix A. +</pre> + <p> + <a name="link2H_4_0020" id="link2H_4_0020"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER VIII.—TO GENERAL WASHINGTON, July 17, 1779 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON + </p> + <p> + Williamsburg, + </p> + <p> + July 17, 1779. + </p> + <p> + Sir, + </p> + <p> + I some time ago enclosed to you a printed copy of an order of Council, by + which Governor Hamilton was to be confined in irons, in close jail, which + has occasioned a letter from General Phillips, of which the enclosed is a + copy. The General seems to think that a prisoner on capitulation cannot be + put in close confinement, though his capitulation should not have provided + against it. My idea was, that all persons taken in war, were to be deemed + prisoners of war. That those who surrender on capitulation (or convention) + are prisoners of war also, subject to the same treatment with those who + surrender at discretion, except only so far as the terms of their + capitulation or convention shall have guarded them. In the capitulation of + Governor Hamilton (a copy of which I enclose), no stipulation is made as + to the treatment of himself, or those taken with him. The Governor, + indeed, when he signs, adds a flourish of reasons inducing him to + capitulate, one of which is the generosity of his enemy. Generosity, on a + large and comprehensive scale, seems to dictate the making a signal + example of this gentleman; but waving that, these are only the private + motives inducing him to surrender, and do not enter into the contract of + Colonel Clarke. I have the highest idea of those contracts which take + place between nation and nation, at war, and would be the last on earth to + do any thing in violation of them. I can find nothing in those books + usually recurred to as testimonials of the laws and usages of nature and + nations, which convicts the opinions I have above expressed of error. Yet + there may be such an usage as General Phillips seems to suppose, though + not taken notice of by these writers. I am obliged to trouble your + Excellency on this occasion, by asking of you information on this point. + There is no other person, whose decision will so authoritatively decide + this doubt in the public mind, and none with which I am disposed so + implicitly to comply. If you shall be of opinion that the bare existence + of a capitulation, in the case of Governor Hamilton, privileges him from + confinement, though there be no article to that effect in the + capitulation, justice shall most assuredly be done him. The importance of + this point, in a public view, and my own anxiety under a charge of + violation of national faith by the Executive of this Commonwealth, will, I + hope, apologize for my adding this to the many troubles with which I know + you to be burdened. I have the honor to be, with the most profound + respect, your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. I have just received a letter from Colonel Bland, containing + information of numerous desertions from the Convention troops, not less + than four hundred in the last fortnight. He thinks he has reason to + believe it is with the connivance of some of their officers. Some of these + have been retaken, all of them going northwardly. They had provided + themselves with forged passports, and with certificates of having taken + the oath of fidelity to the State; some of them forged, others really + given by weak magistrates. I give this information to your Excellency, as + perhaps it may be in your power to have such of them intercepted as shall + be passing through Pennsylvania and Jersey. + </p> + <p> + Your letter enclosing the opinion of the board of war in the case of + Allison and Lee, has come safe to hand, after a long passage. It shall be + answered by next post. T. J. + </p> + <p> + <a name="link2H_4_0021" id="link2H_4_0021"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER IX.—TO GENERAL WASHINGTON, October 1, 1779 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Williamsburg, + </p> + <p> + October 1, 1779. + </p> + <p> + Sir, + </p> + <p> + On receipt of your letter of August 6th, during my absence, the Council + had the irons taken off the prisoners of war. When your advice was asked, + we meant it should decide with us; and upon my return to Williamsburg, the + matter was taken up and the enclosed advice given. [See Appendix, note B.] + A parole was formed, of which the enclosed is a copy, and tendered to the + prisoners. They objected to that part of it which restrained them from <i>saying</i> + any thing to the prejudice of the United States, and insisted on ‘freedom + of speech.’ They were, in consequence, remanded to their confinement in + the jail, which must be considered as a voluntary one, until they can + determine with themselves to be inoffensive in word as well as deed. A + flag sails hence to-morrow to New York, to negotiate the exchange of some + prisoners. By her I have written to General Phillips on this subject, and + enclosed to him copies of the within; intending it as an answer to a + letter I received from him on the subject of Governor Hamilton. + </p> + <p> + I have the honor to be, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0022" id="link2H_4_0022"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER X.—TO GENERAL WASHINGTON, October 2, 1779 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Williamsburg, + </p> + <p> + October 2, 1779. + </p> + <p> + Sir, + </p> + <p> + Just as the letter accompanying this was going off, Colonel Mathews + arrived on parole from New York, by the way of headquarters, bringing your + Excellency’s letter on this subject, with that of the British commissary + of prisoners. The subject is of great importance, and I must, therefore, + reserve myself to answer after further consideration. Were I to speak from + present impressions, I should say it was happy for Governor Hamilton that + a final determination of his fate was formed before this new information. + As the enemy have released Captain Willing from his irons, the Executive + of this State will be induced perhaps not to alter their former opinion. + But it is impossible they can be serious in attempting to bully us in this + manner. We have too many of their subjects in our power, and too much iron + to clothe them with, and, I will add, too much resolution to avail + ourselves of both, to fear their pretended retaliation. However, I will do + myself the honor of forwarding to your Excellency the ultimate result of + Council on this subject. + </p> + <p> + In consequence of the information in the letter from the British + commissary of prisoners, that no officers of the Virginia line should be + exchanged till Governor Hamilton’s affair should be settled, we have + stopped our flag, which was just hoisting anchor with a load of privates + for New York. I must, therefore, ask the favor of your Excellency to + forward the enclosed by flag, when an opportunity offers, as I suppose + General Phillips will be in New York before it reaches you. + </p> + <p> + I have the honor to be, Sir, with the greatest esteem, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0023" id="link2H_4_0023"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XI.—TO GENERAL WASHINGTON, Oct. 8, 1779 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + In Council, Oct. 8, 1779. + </p> + <p> + Sir, + </p> + <p> + In mine of the second of the present month, written in the instant of + Colonel Mathews’ delivery of your letter, I informed you what had been + done on the subject of Governor Hamilton and his companions previous to + that moment. I now enclose you an advice of Council, [See Appendix, note + C.] in consequence of the letter you were pleased to enclose me, from the + British commissary of prisoners, with one from Lord Rawdon; also a copy of + my letter to Colonel Mathews, enclosing, also, the papers therein named. + The advice of Council to allow the enlargement of prisoners, on their + giving a proper parole, has not been recalled, nor will be, I suppose, + unless something on the part of the enemy should render it necessary. I + rather expect, however, that they will see it their interest to + discontinue this kind of conduct. I am afraid I shall hereafter, perhaps + be obliged to give your Excellency some trouble in aiding me to obtain + information of the future usage of our prisoners. I shall give immediate + orders for having in readiness every engine which the enemy have contrived + for the destruction of our unhappy citizens, captivated by them. The + presentiment of these operations is shocking beyond expression. I pray + Heaven to avert them: but nothing in this world will do it, but a proper + conduct in the enemy. In every event, I shall resign myself to the hard + necessity under which I shall act. + </p> + <p> + I have the honor to be, with great regard and esteem, + </p> + <p> + your Excellency’s + </p> + <p> + most obedient and + </p> + <p> + most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0024" id="link2H_4_0024"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XII.—TO COLONEL MATHEWS, October, 1779 + </h2> + <p> + TO COLONEL MATHEWS. + </p> + <p> + In Council, October, 1779. + </p> + <p> + Sir, + </p> + <p> + The proceedings respecting Governor Hamilton and his companions, previous + to your arrival here, you are acquainted with. For your more precise + information, I enclose you the advice of Council, of June the 16th, of + that of August the 28th, another of September the 19th, on the parole + tendered them the 1st instant, and Governor Hamilton’s letter of the same + day, stating his objections, in which he persevered: from that time his + confinement has become a voluntary one. You delivered us your letters the + next day, when, the post being just setting out, much business prevented + the Council from taking them into consideration. They have this day + attended to them, and found their resolution expressed in the enclosed + advice bearing date this day. It gives us great pain that any of our + countrymen should be cut off from the society of their friends and + tenderest connections, while it seems as if it was in our power, to + administer relief. But we trust to their good sense for discerning, and + their spirit for bearing up against the fallacy of this appearance. + Governor Hamilton and his companions were imprisoned and ironed, 1st. In + retaliation for cruel treatment of our captive citizens by the enemy in + general. 2nd. For the barbarous species of warfare which himself and his + savage allies carried on in our western frontier. 3d. For particular acts + of barbarity, of which he himself was personally guilty, to some of our + citizens in his power. Any one of these charges was sufficient to justify + the measures we took. Of the truth of the first, yourselves are witnesses. + Your situation, indeed, seems to have been better since you were sent to + New York; but reflect on what you suffered before that, and knew others of + our countrymen to suffer, and what you know is now suffered by that more + unhappy part of them, who are still confined on board the prison-ships of + the enemy. Proofs of the second charge, we have under Hamilton’s own hand: + and of the third, as sacred assurances as human testimony is capable of + giving. Humane conduct on our part, was found to produce no effect; the + contrary, therefore, was to be tried. If it produces a proper lenity to + our citizens in captivity, it will have the effect we meant; if it does + not, we shall return a severity as terrible as universal. If the causes of + our rigor against Hamilton were founded in truth, that rigor was just, and + would not give right to the enemy to commence any new hostilities on their + part: and all such new severities are to be considered, not as + retaliation, but as original and unprovoked. If those causes were, not + founded in truth, they should have denied them. If, declining the tribunal + of truth and reason, they choose to pervert this into a contest of cruelty + and destruction, we will contend with them in that line, and measure out + misery to those in our power, in that multiplied proportion which the + advantage of superior numbers enables us to do. We shall think it our + particular duty, after the information we gather from the papers which + have been laid before us, to pay very constant attention to your + situation, and that of your fellow prisoners. We hope that the prudence of + the enemy will be your protection from injury; and we are assured that + your regard for the honor of your country would not permit you to wish we + should suffer ourselves to be bullied into an acquiescence, under every + insult and cruelty they may choose to practise, and a fear to retaliate, + lest you should be made to experience additional sufferings. Their + officers and soldiers in our hands are pledges for your safety: we are + determined to use them as such. Iron will be retaliated by iron, but a + great multiplication on distinguished objects; prison-ships by + prison-ships, and like for like in general. I do not mean by this to cover + any officer who has acted, or shall act, improperly. They say Captain + Willing was guilty of great cruelties at the Natchez; if so, they do right + in punishing him. I would use any powers I have, for the punishment of any + officer of our own, who should be guilty of excesses unjustifiable under + the usages of civilized nations. However, I do not find myself obliged to + believe the charge against Captain Willing to be true, on the affirmation + of the British commissary, because, in the next breath, he affirms no + cruelties have as yet been inflicted on him. Captain Willing has been in + irons. + </p> + <p> + I beg you to be assured, there is nothing consistent with the honor of + your country, which we shall not, at all times, be ready to do for the + relief of yourself and companions in captivity. We know, that ardent + spirit and hatred for tyranny, which brought you into your present + situation, will enable you to bear up against it with the firmness, which + has distinguished you as a soldier, and to look forward with pleasure to + the day, when events shall take place, against which the wounded spirits + of your enemies will find no comfort, even from reflections on the most + refined of the cruelties with which they have glutted themselves. + </p> + <p> + I am, with great respect, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0025" id="link2H_4_0025"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XIII.—TO GENERAL WASHINGTON, November 28, 1779 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Willlamsburg, November 28, 1779. + </p> + <p> + Sir, + </p> + <p> + Your Excellency’s letter on the discriminations which have been heretofore + made, between the troops raised within this state, and considered as part + of our quota, and those not so considered, was delivered me four days ago. + I immediately laid it before the Assembly, who thereupon came to the + resolution I now do myself the honor of enclosing you. The resolution of + Congress, of March 15th, 1779, which you were so kind as to enclose, was + never known in this state till a few weeks ago, when we received printed + copies of the Journals of Congress. It would be a great satisfaction to + us, to receive an exact return of all the men we have in Continental + service, who come within the description of the resolution, together with + our state troops in Continental service. Colonel Cabell was so kind as to + send me a return of the Continental regiments, commanded by Lord Sterling, + of the first and second Virginia State regiments, and of Colonel Gist’s + regiment. Besides these are the following, viz. Colonel Harrison’s + regiment of artillery, Colonel Bayler’s horse, Colonel Eland’s horse, + General Scott’s new levies, part of which are gone to Carolina, and part + are here, Colonel Gibson’s regiment stationed on the Ohio, Heath and + Ohara’s independent companies at the same stations. Colonel Taylor’s + regiment of guards to the Convention troops: of these, we have a return. + There may, possibly, be others not occurring to me. A return of all these + would enable us to see what proportion of the Continental army is + contributed by us. We have, at present, very pressing calls to send + additional numbers of men to the southward. No inclination is wanting in + either the Legislature or Executive, to aid them or strengthen you: but we + find it very difficult to procure men. I herewith transmit to your + Excellency some recruiting commissions, to be put into such hands as you + may think proper, for re-enlisting such of our soldiery as are not already + engaged for the war. The Act of Assembly authorizing these instructions, + requires that the men enlisted should be reviewed and received by an + officer to be appointed for that purpose; a caution, less necessary in the + case of men now actually in Service, therefore, doubtless able-bodied, + than in the raising new recruits. The direction, however, goes to all + cases, and, therefore, we must trouble your Excellency with the + appointment of one or more officers of review. Mr. Moss, our agent, + receives orders, which accompany this, to pay the bounty money and + recruiting money, and to deliver the clothing. We have, however, certain + reason to fear he has not any great sum of money on hand; and it is + absolutely out of our power, at this time, to supply him, or to say, with + certainty, when we shall be able to do it. He is instructed to note his + acceptances under the draughts, and to assure payment as soon as we shall + have it in our power to furnish him, as the only substitute for money. + Your Excellency’s directions to the officer of review, will probably + procure us the satisfaction of being informed, from time to time, how many + men shall be re-enlisted. + </p> + <p> + By Colonel Mathews I informed your Excellency fully of the situation of + Governor Hamilton and his companions. Lamothe and Dejean have given their + paroles, and are at Hanover Court-House: Hamilton, Hay, and others, are + still obstinate; therefore, still in close confinement, though their irons + have never been on, since your second letter on the subject. I wrote full + information of this matter to General Phillips also, from whom I had + received letters on the subject. I cannot, in reason, believe that the + enemy, on receiving this information either from yourself or General + Phillips, will venture to impose any new cruelties on our officers in + captivity with them. Yet their conduct, hitherto, has been most + successfully prognosticated by reversing the conclusions of right reason. + It is, therefore, my duty, as well as it was my promise to the Virginia + captives, to take measures for discovering any change which may be made in + their situation. For this purpose, I must apply for your Excellency’s + interposition. I doubt not but you have an established mode of knowing, at + all times, through your commissary of prisoners, the precise state of + those in the power of the enemy. I must, therefore, pray you to put into + motion any such means you have, for obtaining knowledge of the situation + of Virginia officers in captivity. If you should think proper, as I could + wish, to take upon yourself to retaliate any new sufferings which may be + imposed on them, it will be more likely to have-due weight, and to restore + the unhappy on both sides, to that benevolent treatment for which all + should wish. + </p> + <p> + I have the honor to be, &c. &c. + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0026" id="link2H_4_0026"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XIV.—TO GENERAL WASHINGTON, December 10,1779 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Williamsburg, December 10,1779. + </p> + <p> + Sir, + </p> + <p> + I take the liberty of putting under cover to your Excellency some letters + to Generals Phillips and Reidesel, uninformed whether they are gone into + New York or not, and knowing that you can best forward them in either + case. + </p> + <p> + I also trouble you with a letter from the master of the flag in this + State, to the British commissary of prisoners in New York, trusting it + will thus be more certainly conveyed than if sent to Mr. Adams. It is my + wish the British commissary should return his answer through your + Excellency, or your commissary of prisoners, and that they should not + propose, under this pretext, to send another flag, as the mission of the + present flag is not unattended with circumstances of suspicion; and a + certain information of the situation of ourselves and our allies here, + might influence the measures of the enemy. + </p> + <p> + Perhaps your commissary of prisoners can effect the former method of + answer. + </p> + <p> + I enclose to you part of an Act of Assembly ascertaining the quantity of + land, which shall be allowed to the officers and soldiers at the close of + the war, and providing means of keeping that country vacant which has been + allotted for them. + </p> + <p> + I am advised to ask your Excellency’s attention to the case of Colonel + Bland, late commander of the barracks in Albemarle. When that gentleman + was appointed to that command, he attended the Executive here and informed + them he must either decline it, or be supported in such a way as would + keep up that respect which was essential to his command; without, at the + same time, ruining his private fortune. + </p> + <p> + The Executive were sensible he would be exposed to great and unavoidable + expense: they observed, his command would be in a department separate from + any other, and that he actually relieved a Major General from the same + service. They did not think themselves authorized to say what should be + done in this case, but undertook to represent the matter to Congress, and, + in the mean time, gave it as their opinion that he ought to be allowed a + decent table. On this, he undertook the office, and in the course of it + incurred expenses which seemed to have been unavoidable, unless he would + have lived in such a way as is hardly reconcileable to the spirit of an + officer, or the reputation of those in whose service he is. Governor Henry + wrote on the subject to Congress; Colonel Bland did the same; but we learn + they have concluded the allowance to be unprecedented, and inadmissible in + the case of an officer of his rank. The commissaries, on this, have called + on Colonel Bland for reimbursement. A sale of his estate was about to take + place, when we undertook to recommend to them to suspend their demand, + till we could ask the favor of you to advocate this matter so far with + Congress, as you may think it right; otherwise the ruin of a very worthy + officer must inevitably follow. I have the honor to be, with the greatest + respect and esteem, + </p> + <p> + your Excellency’s + </p> + <p> + most obedient servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0027" id="link2H_4_0027"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XV.—TO GENERAL WASHINGTON, February 10, 1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Williamsburg, February 10, 1780. + </p> + <p> + Sir, + </p> + <p> + It is possible you may have heard, that in the course of last summer an + expedition was meditated, by our Colonel Clarke, against Detroit: that he + had proceeded so far as to rendezvous a considerable body of Indians, I + believe four or five thousand, at St. Vincennes; but, being disappointed + in the number of whites he expected, and not choosing to rely principally + on the Indians, he was obliged to decline it. We have a tolerable prospect + of reinforcing him this spring, to the number which he thinks sufficient + for the enterprise. We have informed him of this, and left him to decide + between this object, and that of giving vigorous chastisement to those + tribes of Indians, whose eternal hostilities have proved them incapable of + living on friendly terms with us. It is our opinion, his inclination will + lead him to determine on the former. The reason of my laying before your + Excellency this matter, is, that it has been intimated to me that Colonel + Broadhead is meditating a similar expedition. I wished, therefore, to make + you acquainted with what we had in contemplation. The enterprising and + energetic genius of Clarke is not altogether unknown to you. You also know + (what I am a stranger to) the abilities of Broadhead, and the particular + force with which you will be able to arm him for such an expedition. We + wish the most hopeful means should be used for removing so uneasy a thorn + from our side. As yourself, alone, are acquainted with all the + circumstances necessary for well informed decision, I am to ask the favor + of your Excellency, if you should think Broadhead’s undertaking it most + likely to produce success, that you will be so kind as to intimate to us + to divert Clarke to the other object, which is also important to this + State. It will, of course, have weight with you in forming your + determination, that our prospect of strengthening Clarke’s hands, + sufficiently, is not absolutely certain. It may be necessary, perhaps, to + inform you, that these two officers cannot act together, which excludes + the hopes of ensuring success by a joint expedition. + </p> + <p> + I have the honor to be, with the most sincere esteem, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0028" id="link2H_4_0028"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XVI.—TO GENERAL WASHINGTON, June 11, 1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, June 11, 1780. + </p> + <p> + Sir, + </p> + <p> + Major Galvan, as recommended by your Excellency, was despatched to his + station without delay, and has been furnished with every thing he desired, + as far as we were able. The line of expresses formed between us is such, + as will communicate intelligence from one to the other in twenty-three + hours. I have forwarded to him information of our disasters in the South, + as they have come to me. + </p> + <p> + Our intelligence from the southward is most lamentably defective. Though + Charleston has been in the hands of the enemy a month, we hear nothing of + their movements which can be relied on. Rumors are, that they are + penetrating northward. To remedy this defect, I shall immediately + establish a line of expresses from hence to the neighborhood of their + army, and send thither a sensible, judicious person, to give us + information of their movements. This intelligence will, I hope, be + conveyed to us at the rate of one hundred and twenty miles in the + twenty-four hours. They set out to their stations to-morrow. I wish it + were possible, that a like speedy line of communication could be formed + from hence to your Excellency’s head-quarters. Perfect and speedy + information of what is passing in the South, might put it in your power, + perhaps, to frame your measures by theirs. There is really nothing to + oppose the progress of the enemy northward, but the cautious principles of + the military art. North Carolina is without arms. We do not abound. Those + we have, are freely imparted to them; but such is the state of their + resources, that they have not been able to move a single musket from this + State to theirs. All the wagons we can collect, have been furnished to the + Marquis de Kalb, and are assembled for the march of twenty-five hundred + men, under General Stevens, of Culpeper, who will move on the 19th + instant. I have written to Congress to hasten supplies of arms and + military stores for the southern states, and particularly to aid us with + cartridge paper and boxes, the want of which articles, small as they are, + renders our stores useless. The want of money cramps every effort. This + will be supplied by the most unpalatable of all substitutes, force. Your + Excellency will readily conceive, that after the loss of one arm, our eyes + are turned towards the other, and that we comfort ourselves, if any aids + can be furnished by you, without defeating the operations more beneficial + to the general union, they will be furnished. At the same time, I am happy + to find that the wishes of the people go no further, as far as I have an + opportunity of learning their sentiments. Could arms be furnished, I think + this State and North Carolina would embody from ten to fifteen thousand + militia immediately, and more if necessary. + </p> + <p> + I hope, ere long, to be able to give you a more certain statement of the + enemy’s as well as our situation, which I shall not fail to do. I enclose + you a letter from Major Galvan, being the second I have forwarded to you. + </p> + <p> + With sentiments of the most perfect esteem and respect, + </p> + <p> + I have the honor to be + </p> + <p> + your Excellency’s + </p> + <p> + most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0029" id="link2H_4_0029"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XVII.—TO GENERAL WASHINGTON, July 2, 1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, July 2, 1780. + </p> + <p> + Sir, + </p> + <p> + I have received from the Committee of Congress, at headquarters, three + letters calling for aids of men and provisions. I beg leave to refer you + to my letter to them, of this date, on those subjects. I thought it + necessary, however, to suggest to you the preparing an arrangement of + officers for the men; for, though they are to supply our battalions, yet, + as our whole line officers, almost, are in captivity, I suppose some + temporary provision must be made. We cheerfully transfer to you every + power which the Executive might exercise on this occasion. As it is + possible you may cast your eye on the unemployed officers now within the + State, I write to General Muhlenburg, to send you a return of them. I + think the men will be rendezvoused within the present month. The bill, + indeed, for raising them is not actually passed, but it is in its last + stage, and no opposition to any essential parts of it. I will take care to + notify you of its passage. + </p> + <p> + I have, with great pain, perceived your situation; and, the more so, as + being situated between two fires, a division of sentiment has arisen, both + in Congress and here, as to which the resources of this country should be + sent. The removal of General Clinton to the northward, must, of course, + have great influence on the determination of this question; and I have no + doubt but considerable aids may be drawn hence for your army, unless a + larger one should be embodied in the South, than the force of the enemy + there seems to call for. I have the honor to be, with every sentiment of + respect and esteem, + </p> + <p> + your Excellency’s + </p> + <p> + most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + [See Appendix, Note D.] + </p> + <p> + <a name="link2H_4_0030" id="link2H_4_0030"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XVIII.—TO GENERAL EDWARD STEVENS, August 4, 1780 + </h2> + <p> + TO GENERAL EDWARD STEVENS. + </p> + <p> + Richmond, August 4, 1780. + </p> + <p> + Sir, + </p> + <p> + Your several favors of July the 16th, 21st, and 22nd, are now before me. + Our smiths are engaged in making five hundred axes and some tomahawks for + General Gates. About one hundred of these will go by the wagons now taking + in their loads. As these are for the army in general, no doubt but you + will participate of them. A chest of medicine was made up for you in + Williamsburg, and by a strange kind of forgetfulness, the vessel ordered + to bring that, left it and brought the rest of the shop. It is sent for + again, and I am not without hopes will be here in time to go by the + present wagons. They will carry some ammunition and the axes, and will + make up their load with spirits. Tents, I fear, cannot be got in this + country; we have, however, sent out powers to all the trading towns here, + to take it wherever they can find it. I write to General Gates, to try + whether the duck in North Carolina cannot be procured by the Executive of + that State on Continental account; for, surely, the whole army, as well + our militia as the rest, is Continental. The arms you have to spare may be + delivered to General Gates’s order, taking and furnishing us with proper + vouchers. We shall endeavor to send our drafts armed. I cannot conceive + how the arms before sent could have got into so very bad order; they + certainly went from hence in good condition. You wish to know how far the + property of this State in your hands is meant to be subject to the orders + of the commander in chief. Arms and military stores we mean to be + perfectly subject to him. The provisions going from this country will be + for the whole army. If we can get any tents, they must be appropriated to + the use of our own troops. Medicine, sick stores, spirits, and such + things, we expect shall be on the same footing as with the northern army. + There, you know, each State furnishes its own troops with these articles, + and, of course, has an exclusive right to what is furnished. The money put + into your hands, was meant as a particular resource for any extra wants of + our own troops, yet in case of great distress, you would probably not see + the others suffer without communicating part of it for their use. We debit + Congress with this whole sum. There can be nothing but what is right in + your paying Major Mazaret’s troops out of it. I wish the plan you have + adopted for securing a return of the arms from the militia, may answer. I + apprehend any man, who has a good gun on his shoulder, would agree to keep + it, and have the worth of it deducted out of his pay, more especially when + the receipt of the pay is at some distance. What would you think of + notifying to them, further, that a proper certificate that they are + discharged, and have <i>returned their arms</i>, will be required before + any pay is issued to them. A roll, kept and forwarded, of those so + discharged, and who have delivered up their arms, would supply accidental + losses of their certificates. We are endeavoring to get bayonet belts + made. The State quarter-master affirms the cartouch boxes sent from this + place, (nine hundred and fifty-nine in number,) were all in good + condition. I therefore suppose the three hundred you received in such very + bad order, must have gone from the continental quarter-master at + Petersburg, or, perhaps, have been pillaged, on the road, of their flaps, + to mend shoes, &c. I must still press the return of as many wagons as + possible. All you will send, shall be loaded with spirits or something + else for the army. By their next return, we shall have a good deal of + bacon collected. The enclosed is a copy of what was reported to me, as + heretofore sent by the wagons. + </p> + <p> + I am. Sir, with the greatest esteem, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0031" id="link2H_4_0031"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XIX.—TO MAJOR GENERAL GATES, August 15, 1780 + </h2> + <p> + TO MAJOR GENERAL GATES. + </p> + <p> + Richmond, August 15, 1780. + </p> + <p> + Sir, + </p> + <p> + Your favor of August 3rd is just now put into my hand. Those formerly + received have been duly answered, and my replies will, no doubt, have + reached you before this date. My last letter to you was by Colonel + Drayton. + </p> + <p> + I spoke fully with you on the difficulty of procuring wagons here, when I + had the pleasure of seeing you, and for that reason pressed the sending + back as many as possible. One brigade of twelve has since returned, and is + again on its way with medicine, military stores, and spirit. Any others + which come, and as fast as they come, shall be returned to you with spirit + and bacon. I have ever been informed, that the very plentiful harvests of + North Carolina would render the transportation of flour from this State, + as unnecessary as it would be tedious, and that, in this point of view, + the wagons should carry hence only the articles before mentioned, which + are equally wanting with you. Finding that no great number of wagons is + likely to return to us, we will immediately order as many more to be + bought and sent on, as we possibly can. But to prevent too great + expectations, I must again repeat, that I fear no great number can be got. + I do assure you, however, that neither attention nor expense shall be + spared, to forward to you every support for which we can obtain means of + transportation. You have, probably, received our order on Colonel Lewis to + deliver you any of the beeves he may have purchased. + </p> + <p> + Tents, I fear, it is in vain to expect, because there is not in this + country stuff to make them. We have agents and commissioners in constant + pursuit of stuff, but hitherto researches have been fruitless. Your order + to Colonel Carrington shall be immediately communicated. A hundred copies + of the proclamation shall also be immediately printed and forwarded to + you. General Muhlenburg is come to this place, which he will now make his + headquarters. I think he will be able to set into motion, within a very + few days, five hundred regulars, who are now equipped for their march, + except some blankets still wanting, but I hope nearly procured and ready + to be delivered. + </p> + <p> + I sincerely congratulate you on your successful advances on the enemy, and + wish to do every thing to second your enterprises, which the situation of + this country, and the means and powers put into my hands, enable me to do. + </p> + <p> + I am, Sir, with sincere respect and esteem, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0032" id="link2H_4_0032"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XX.—TO GENERAL WASHINGTON, September 8, 1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, September 8, 1780. + </p> + <p> + Sir, + </p> + <p> + As I know the anxieties you must have felt, since the late misfortune to + the South, and our latter accounts have not been quite so unfavorable as + the first, I take the liberty of enclosing you a statement of this unlucky + affair, taken from letters from General Gates, General Stevens, and + Governor Nash, and, as to some circumstances, from an officer who was in + the action.* Another army is collecting; this amounted, on the 23rd + ultimo, to between four and five thousand men, consisting of about five + hundred Maryland regulars, a few of Hamilton’s artillery, and + Porterfield’s corps, Armand’s legion, such of the Virginia militia as had + been reclaimed, and about three thousand North Carolina militia, newly + embodied. We are told they will increase these to eight thousand. Our new + recruits will rendezvous in this State between the 10th and 25th instant. + We are calling out two thousand militia, who, I think, however, will not + be got to Hillsborough till the 25th of October. About three hundred and + fifty regulars marched from Chesterfield a week ago. Fifty march + to-morrow, and there will be one hundred or one hundred and fifty more + from that post, when they can be cleared of the hospital. This is as good + a view as I can give you of the force we are endeavoring to collect; but + they are unarmed. Almost the whole small arms seem to have been lost in + the late rout. There are here, on their way southwardly, three thousand + stand of arms, sent by Congress, and we have still a few in our magazine. + I have written pressingly, as the subject well deserves, to Congress, to + send immediate supplies, and to think of forming a magazine here, that in + case of another disaster, we may not be left without all means of + opposition. + </p> +<pre xml:space="preserve"> + [* The circumstances of the defeat of General Gates’s army, + near Camden in August, 1780, being of historical notoriety, + this statement is omitted.] +</pre> + <p> + I enclosed to your Excellency, some time ago, a resolution of the + Assembly, instructing us to send a quantity of tobacco to New York for the + relief of our officers there, and asking the favor of you to obtain + permission. Having received no answer, I fear my letter or your answer has + miscarried. I therefore take the liberty of repeating my application to + you. + </p> + <p> + I have the honor to be, with the most profound respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0033" id="link2H_4_0033"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXI.—TO GENERAL EDWARD STEVENS, September 12,1780 + </h2> + <p> + TO GENERAL EDWARD STEVENS. + </p> + <p> + Richmond, September 12,1780. + </p> + <p> + Sir, + </p> + <p> + Your letters of August 27th and 30th are now before me. The subsequent + desertions of your militia have taken away the necessity of answering the + question, how they shall be armed. On the contrary, as there must now be a + surplus of arms, I am in hopes you will endeavor to reserve them, as we + have not here a sufficient number by fifteen hundred or two thousand, for + the men who will march hence, if they march in numbers equal to our + expectations. I have sent expresses into all the counties from which those + militia went, requiring the county lieutenants to exert themselves in + taking them; and such is the detestation with which they have been + received, that I have heard from many counties they were going back of + themselves. You will of course, hold courts martial on them, and make them + soldiers for eight months. If you will be so good as to inform me, from + time to time, how many you have, we may, perhaps, get the supernumerary + officers in the State, to take command of them. By the same opportunities, + I desired notice to be given to the friends of the few remaining with you, + that they had lost their clothes and blankets, and recommended, that they + should avail themselves of any good opportunity to send them supplies. + </p> + <p> + We approve of your accommodating the hospital with medicines, and the + Maryland troops with spirits. They really deserve the whole, and I wish we + had means of transportation for much greater quantities, which we have on + hand and cannot convey. This article we could furnish plentifully to you + and them. What is to be done for wagons, I do not know. We have not now + one shilling in the treasury to purchase them. We have ordered an active + quarter-master to go to the westward, and endeavor to purchase on credit, + or impress a hundred wagons and teams. But I really see no prospect of + sending you additional supplies, till the same wagons return from you, + which we sent on with the last. I informed you in my last letter, we had + ordered two thousand militia more, to rendezvous at Hillsborough on the + 25th of October. You will judge yourself, whether in the mean time you can + be more useful by remaining where you are, with the few militia left and + coming in, or by returning home, where, besides again accommodating + yourself after your losses, you may also aid us in getting those men into + motion, and in pointing out such things as are within our power, and may + be useful to the service. And you will act accordingly. I am with great + friendship and esteem, dear Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0034" id="link2H_4_0034"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXII.—TO GENERAL EDWARD STEVENS, September 15, 1780 + </h2> + <p> + TO GENERAL EDWARD STEVENS. + </p> + <p> + Richmond, September 15, 1780. + </p> + <p> + Sir, + </p> + <p> + I beg leave to trouble you with a private letter, on a little matter of my + own, having no acquaintance at camp, with whom I can take that, liberty. + Among the wagons impressed, for the use of your militia, were two of mine. + One of these, I know is safe, having been on its way from hence to + Hillsborough, at the time of the late engagement. The other, I have reason + to believe, was on the field. A wagon-master, who says he was near it, + informs me the brigade quarter-master cut out one of my best horses, and + made his escape on him, and that he saw my wagoner loosening his own horse + to come off, but the enemy’s horse were then coming up, and he knows + nothing further. He was a negro man, named Phill, lame in one arm and leg. + If you will do me the favor to inquire what is become of him, what horses + are saved, and to send them to me, I shall be much obliged to you. The + horses were not public property, as they were only impressed and not sold. + Perhaps your certificate of what is lost, may be necessary for me. The + wagon-master told me, that the public money was in my wagon, a + circumstance, which, perhaps, may aid your inquiries. After apologizing + for the trouble, I beg leave to assure you, that I am, with great + sincerity, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0035" id="link2H_4_0035"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXIII.—TO MAJOR GENERAL GATES, September 23, 1780 + </h2> + <p> + TO MAJOR GENERAL GATES. + </p> + <p> + Richmond, September 23, 1780. + </p> + <p> + Sir, + </p> + <p> + I have empowered Colonel Carrington to have twelve boats, scows, or + batteaux, built at Taylor’s Ferry, and to draw on me for the cost. I + recommended the constructing them so as to answer the transportation of + provisions along that river, as a change of position of the two armies may + render them unnecessary at Taylor’s Ferry, and I am thoroughly persuaded, + that, unless we can find out some channel of transportation by water, no + supplies of bread, of any consequence can be sent you from this State for + a long time to come. The want of wagons is a bar insuperable, at least in + any reasonable time. I have given orders to have Fry and Jefferson’s map, + and Henry’s map of Virginia, sought for and purchased. As soon as they can + be got, I will forward them. I have also written to General Washington on + the subject of wintering the French fleet in the Chesapeake. Our new + levies rendezvous in large numbers. As General Washington had constituted + them in eight battalions, and allotted none to Colonel Harrison, we think + to deliver him about four hundred drafts of another kind, who are to serve + eighteen months also. Unless Congress furnish small arms, we cannot arm + more than half the men who will go from this State. The prize you mention + of tents and blankets is very fortunate. It is absolutely out of our power + to get these articles, to any amount, in this country, nor have we + clothing for our new levies. They must, therefore, go to you clothed as + militia, till we can procure and send on supplies. They will be as warm in + their present clothing at Hillsborough, as at Chesterfield Court House. + </p> + <p> + We have an agent collecting all the beeves which can be got from the + counties round about Portsmouth, to send off to you. + </p> + <p> + They have there also plentiful crops of corn growing. We have instructed + him to try whether means of conveying it down into the Sounds, and up some + of the rivers of North Carolina, or by land to Meherrin river, and thence + down Chowan, and up Roanoke, cannot be rendered practicable. + </p> + <p> + I am, with every sentiment of esteem and respect, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P.S. I enclose a certificate, acknowledging satisfaction for the money + furnished Colonel Kosciusko. T. J. + </p> + <p> + <a name="link2H_4_0036" id="link2H_4_0036"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXIV.—TO GENERAL WASHINGTON, September 23, 1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, September 23, 1780. + </p> + <p> + Sir, + </p> + <p> + I yesterday forwarded to you a letter from Colonel Wood, informing you of + his situation. That post has, for some time past, been pretty regularly + supplied, and I hope will continue to be for some time to come. A person + whose punctuality can be relied on, offers to contract for victualling it. + If we can agree on terms, and the Assembly will strengthen our hands + sufficiently, we think to adopt that method, as the only one to be relied + on with certainty. I have heard it hinted that Colonel Wood thinks of + quitting that post. I should be exceedingly sorry, indeed, were he to do + it. He has given to those under his charge, the most perfect satisfaction, + and, at the same time, used all the cautions which the nature of his + charge has required. It is principally owing to his prudence and good + temper that the late difficulties have been passed over, almost without a + murmur. Any influence which your Excellency shall think proper to me, for + retaining him in his present situation, will promote the public good, and + have a great tendency to keep up a desirable harmony with the officers of + that corps. Our new recruits are rendezvousing very generally. Colonel + Harrison was uneasy at having none of them assigned to his corps of + artillery, who have very much distinguished themselves in the late + unfortunate action, and are reduced almost to nothing. We happened to have + about four hundred drafts, raised in the last year, and never called out + and sent on duty by their county lieutenants, whom we have collected and + are collecting. We think to deliver these to Colonel Harrison: they are to + serve eighteen months from the time of rendezvous. The numbers of regulars + and militia ordered from this State into the southern service, are about + seven thousand. I trust we may count that fifty-five hundred will actually + proceed: but we have arms for three thousand only. If, therefore, we do + not speedily receive a supply from Congress, we must countermand a proper + number of these troops. Besides this supply, there should certainly be a + magazine laid in here, to provide against a general loss as well as daily + waste. When we deliver out those now in our magazine, we shall have sent + seven thousand stand of our own into the southern service, in the course + of this summer. We are still more destitute of clothing, tents, and wagons + for our troops. The southern army suffers for provisions, which we could + plentifully supply, were it possible to find means of transportation. + Despairing of this, we directed very considerable quantities, collected on + the navigable waters, to be sent northwardly by the quarter-master. This + he is now doing; slowly, however. Unapprized what may be proposed by our + allies to be done with their fleet in the course of the ensuing winter, I + would beg leave to intimate to you, that if it should appear to them + eligible that it should winter in the Chesapeake, they can be well + supplied with provisions, taking their necessary measures in due time. The + waters communicating with that bay furnish easy, and (in that case) safe + transportation, and their money will call forth what is denied to ours. + </p> + <p> + I am, with all possible esteem and respect, your Excellency’s + </p> + <p> + most obedient and humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0037" id="link2H_4_0037"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXV.—TO HIS EXCELLENCY GENERAL WASHINGTON, September 26,1780 + </h2> + <h3> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </h3> + <p> + Richmond, September 26,1780. + </p> + <p> + Sir, + </p> + <p> + The enclosed copy of a letter from Lord Cornwallis [See Appendix, note E.] + to Colonel Balfour, was sent me by Governor Rutledge: lest you should not + have seen it, I do myself the pleasure of transmitting it, with a letter + from General Harrington to General Gates giving information of some late + movements of the enemy. + </p> + <p> + I was honored yesterday with your favor of the 5th instant, on the subject + of prisoners, and particularly Lieutenant Governor Hamilton. You are not + unapprized of the influence of this officer with the Indians, his activity + and embittered zeal against us. You also, perhaps, know how precarious is + our tenure of the Illinois country, and how critical is the situation of + the new counties on the Ohio. These circumstances determined us to detain + Governor Hamilton and Major Hay within our power, when we delivered up the + other prisoners. On a late representation from the people of Kentucky, by + a person sent here from that country, and expressions of what they had + reason to apprehend from these two prisoners, in the event of their + liberation, we assured them they would not be parted with, though we were + giving up our other prisoners. Lieutenant Colonel Dabusson, aid to Baron + de Kalb, lately came here on his parole, with an offer from Lord Rawdon, + to exchange him for Hamilton. Colonel Towles is now here with a like + proposition for himself, from General Phillips, very strongly urged by the + General. These, and other overtures, do not lessen our opinion of the + importance of retaining him; and they have been, and will be, uniformly + rejected. Should the settlement, indeed, of a cartel become impracticable, + without the consent of the States to submit their separate prisoners to + its obligation, we will give up these two prisoners, as we would any + thing, rather than be an obstacle to a general good. But no other + circumstance would, I believe, extract them from us. These two gentlemen, + with a Lieutenant Colonel Elligood, are the only separate prisoners we + have retained, and the last, only on his own request, and not because we + set any store by him. There is, indeed, a Lieutenant Governor Rocheblawe + of Kaskaskia, who has broken his parole and gone to New York, whom we must + shortly trouble your Excellency to demand for us, as soon as we can + forward to you the proper documents. Since the forty prisoners sent to + Winchester, as mentioned in my letter of the 9th ultimo, about one hundred + and fifty more have been sent thither, some of them taken by us at sea, + others sent on by General Gates. + </p> + <p> + The exposed and weak state of our western settlements, and the danger to + which they are subject from the northern Indians, acting under the + influence of the British post at Detroit, render it necessary for us to + keep from five to eight hundred men on duty for their defence. This is a + great and perpetual expense. Could that post be reduced and retained, it + would cover all the States to the southeast of it. We have long meditated + the attempt under the direction of Colonel Clarke, but the expense would + be so great, that whenever we have wished to take it up, this circumstance + has obliged us to decline it. Two different estimates make it amount to + two millions of pounds, present money. We could furnish the men, + provisions, and every necessary, except powder, had we the money, or could + the demand from us be so far supplied from other quarters, as to leave it + in our power to apply such a sum to that purpose; and, when once done, it + would save annual expenditures to a great amount. When I speak of + furnishing the men, I mean they should be militia; such being the + popularity of Colonel Clarke, and the confidence of the western people in + him, that he could raise the requisite number at any time. We, therefore, + beg leave to refer this matter to yourself, to determine whether such an + enterprise would not be for the general good, and if you think it would, + to authorize it at the general expense. This is become the more + reasonable, if, as I understand, the ratification of the Confederation has + been rested on our cession of a part of our western claim; a cession which + (speaking my private opinion) I verily believe will be agreed to, if the + quantity demanded is not unreasonably great. Should this proposition be + approved of, it should be immediately made known to us, as the season is + now coming on, at which some of the preparations must be made. The time of + execution, I think, should be at the time of the breaking up of the ice in + the Wabash, and before the lakes open. The interval, I am told, is + considerable. + </p> + <p> + I have the honor to be, &c. + </p> + <p> + your most obedient and humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0038" id="link2H_4_0038"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXVI.—TO MAJOR GENERAL GATES, October 4, 1780 + </h2> + <p> + TO MAJOR GENERAL GATES. + </p> + <p> + Richmond, October 4, 1780. + </p> + <p> + Sir, + </p> + <p> + My letter of September 23rd answered your favors received before that + date, and the present serves to acknowledge the receipt of those of + September 24th and 27th. I retain in mind, and recur, almost daily, to + your requisitions of August; we have, as yet, no prospect of more than one + hundred tents. Flour is ordered to be manufactured, as soon as the season + will render it safe; out of which, I trust, we can furnish not only your + requisition of August, but that of Congress of September 11th. The corn + you desire, we could furnish when the new crops come in, fully, if water + transportation can be found; if not, we shall be able only to send you + what lies convenient to the southern boundary, in which neighborhood the + crops have been much abridged by a flood in Roanoke. We have no rice. Rum + and other spirits, we can furnish to a greater amount than you require, as + soon as our wagons are in readiness, and shall be glad to commute into + that article some others which we have not, particularly sugar, coffee, + and salt. The vinegar is provided. Colonel Finnie promised to furnish to + Colonel Muter, a list of the shades, hoes, &c. which could be + furnished from the Continental stores. This list has never yet come to + hand. It is believed the Continental stores here will fall little short of + your requisition, except in the article of axes, which our shops are + proceeding on. Your information of September 24th, as to the quality of + the axes, has been notified to the workmen, and will, I hope, have a + proper effect on those made hereafter. Application has been made to the + courts, to have the bridges put in a proper state, which they have + promised to do. We are endeavoring again to collect wagons. About twenty + are nearly finished at this place. We employed, about three weeks ago, + agents to purchase, in the western counties, a hundred wagons and teams. + Till these can be got, it will be impossible to furnish any thing from + this place. I am exceedingly pleased to hear of your regulation for + stopping our wagons at Roanoke. This will put it in our power to repair + and replace them, to calculate their returns, provide loads, and will be a + great encouragement to increase their number, if possible, as their + departure hence will no longer produce the idea of a final adieu to them. + </p> + <p> + Colonel Senf arrived here the evening before the last. He was employed + yesterday and to-day, in copying some actual and accurate surveys, which + we had had made of the country round about Portsmouth, as far as Cape + Henry to the eastward, Nansemond river to the westward, the Dismal Swamp + to the southward, and northwardly, the line of country from Portsmouth by + Hampton and York to Williamsburg, and including the vicinities of these + three last posts. This will leave him nothing to do, but to take drawings + of particular places, and the soundings of such waters as he thinks + material. He will proceed on this business to-morrow, with a letter to + General Nelson, and powers to call for the attendance of a proper vessel. + </p> + <p> + I suppose that your drafts in favor of the quarter-master, if attended + with sixty days’ grace, may be complied with to a certain amount. We will + certainly use our best endeavors to answer them. I have only to desire + that they may be made payable to the quarter-master alone, and not to the + bearer. This is to prevent the mortification of seeing an unapprized + individual taken in by an assignment of them, as if they were ready money. + Your letter to Colonel Finnie will go to Williamsburg immediately. Those + to Congress, with a copy of the papers enclosed to me, went yesterday by + express. I will take order as to the bacon you mention. I fear there is + little of it, and that not capable of being long kept. You are surely not + uninformed, that Congress required the greater part of this article to be + sent northward, which has been done. I hope, by this time, you receive + supplies of beeves from our commissary, Mr. Eaton, who was sent three + weeks or a month ago, to exhaust of that article the counties below, and + in the neighborhood of Portsmouth; and from thence, was to proceed to + other counties, in order, as they stood exposed to an enemy. + </p> + <p> + The arrival of the French West India fleet (which, though not + authentically communicated, seems supported by so many concurring accounts + from individuals, as to leave scarcely room for doubt,) will, I hope, + prevent the enemy from carrying into effect the embarkation they had + certainly intended from New York, though they are strengthened by the + arrival of Admiral Rodney, at that place, with twelve sail of the line and + four frigates, as announced by General Washington to Congress, on the 19th + ultimo. The accounts of the additional French fleet are varied from + sixteen to nineteen ships of the line, besides frigates. The number of the + latter has never been mentioned. The extracts of letters, which you will + see in our paper of this day, are from General Washington, President + Huntington, and our Delegates in Congress to me. That from Bladensburg is + from a particular acquaintance of mine, whose credit cannot be doubted. + The distress we are experiencing from want of leather to make shoes, is + great. I am sure you have thought of preventing it in future, by the + appointment of a commissary of hides, or some other good regulation for + saving and tanning the hides, which the consumption of your army will + afford. + </p> + <p> + I have the honor to be, with all possible esteem and respect, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0039" id="link2H_4_0039"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXVII.—TO GENERAL GATES, October 15, 1780 + </h2> + <p> + TO GENERAL GATES. + </p> + <p> + Richmond, October 15, 1780. + </p> + <p> + Sir, + </p> + <p> + I am rendered not a little anxious by the paragraph of yours of the 7th + instant, wherein you say, ‘It is near a month since I received any letter + from your Excellency; indeed, the receipt of most that I have written to + you, remains unacknowledged.’ You ought, within that time, to have + received my letter of September the 3rd, written immediately on my return + to this place, after a fortnight’s absence; that of September the 11th, + acknowledging the receipt of yours which covered drafts for money; that of + September the 23rd, on the subject of batteaux at Taylor’s Ferry, wagons, + maps of Virginia, wintering the French fleet in the Chesapeake, our new + levies, and provisions from our lower counties; and that of October the + 4th, in answer to yours of September the 24th and 27th. I begin to + apprehend treachery in some part of our chain of expresses, and beg the + favor of you, in your next, to mention whether any, and which of these + letters have come to hand. This acknowledges the receipt of yours of + September the 28th, and October the 3rd, 5th, and 7th. The first of these + was delivered four or five days ago by Captain Drew. He will be permitted + to return as you desire, as we would fulfil your wishes in every point in + our power, as well as indulge the ardor of a good officer. Our militia + from the western counties are now on their march to join you. They are + fond of the kind of service in which Colonel Morgan is generally engaged, + and are made very happy by being informed you intend to put them under + him. Such as pass by this place, take muskets in their hands. Those from + the,southern counties, beyond the Blue Ridge, were advised to carry their + rifles. For those who carry neither rifles nor muskets, as well as for our + eighteen months men, we shall send on arms as soon as wagons can be + procured. In the mean time, I had hoped that there were arms for those who + should first arrive at Hillsborough, as by General Steven’s return, dated + at his departure thence, there were somewhere between five and eight + hundred muskets (I speak from memory, not having present access to the + return) belonging to this State, either in the hands of the few militia + who were there, or stored. Captain Fauntleroy, of the cavalry, gives me + hopes he shall immediately forward a very considerable supply of + accoutrements, for White’s and Washington’s cavalry. He told me yesterday + he had received one hundred and thirteen horses for that service, from us. + Besides these, he had rejected sixty odd, after we had purchased them, at + £3000 apiece. Nelson’s two troops were returned to me, deficient only + twelve horses, since which, ten have been sent to him by Lieutenant + Armstead. I am not a little disappointed, therefore, in the number of + cavalry fit for duty, as mentioned in the letter you enclosed me. Your + request (as stated in your letter of the 7th) that we will send no men + into the field, or even to your camp, that are not well furnished with + shoes, blankets, and every necessary for immediate service, would amount + to a stoppage of every man; as we have it not in our power to furnish them + with real necessaries completely. I hope they will be all shod. What + proportion will have blankets I cannot say: we purchase every one which + can be found out; and now I begin to have a prospect of furnishing about + half of them with tents, as soon as they can be made and forwarded. As to + provisions, our agent, Eaton, of whom I before wrote, informs me in a + letter of the 5th instant, he shall immediately get supplies of beef into + motion, and shall send some corn by a circuitous navigation. But till we + receive our wagons from the western country, I cannot hope to aid you in + bread. I expect daily to see wagons coming in to us. The militia were + ordered to rendezvous at Hillsborough, expecting they would thence be + ordered by you into service. I send you herewith a copy of Henry’s map of + Virginia. It is a mere <i>cento</i> of blunders. It may serve to give you + a general idea of the courses of rivers, and positions of counties. We are + endeavoring to get you a copy of Fry and Jefferson’s; but they are now + very scarce. I also enclose you some newspapers, in which you will find a + detail of Arnold’s apostacy and villany. + </p> + <p> + I am, with all sentiments of sincere respect and esteem, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. Just as I was closing my letter, yours of the 9th instant was put + into my hands. I enclose by this express, a power to Mr. Lambe, + quarter-master, to impress, for a month, ten wagons from each of the + counties of Brunswick, Mecklenburg, Lunenburg, Charlotte, and Halifax, and + direct him to take your orders, whether they shall go first to you, or + come here. If the latter, we can load them with arms and spirits. Before + their month is out, I hope the hundred wagons from the westward will have + come in. We will otherwise provide a relief for these. I am perfectly + astonished at your not having yet received my letters before mentioned. I + send you a copy of that of the 4th of October, as being most material. I + learn, from one of General Muhlenburg’s family, that five wagons have set + out from hence, with three hundred stand of arms, &c. However, the + General writes to you himself. T.J. + </p> + <p> + <a name="link2H_4_0040" id="link2H_4_0040"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXVIII.—TO GENERAL WASHINGTON, October 22, 1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, October 22, 1780. + </p> + <p> + Sir, + </p> + <p> + I have this morning received certain information of the arrival of a + hostile fleet in our bay, of about sixty sail. The debarkation of some + light-horse, in the neighborhood of Portsmouth, seems to indicate that as + the first scene of action. We are endeavoring to collect as large a body + to oppose them as we can arm: this will be lamentably inadequate, if the + enemy be in any force. It is mortifying to suppose that a people, able and + zealous to contend with their enemy, should be reduced to fold their arms + for want of the means of defence. Yet no resources, that we know of, + ensure us against this event. It has become necessary to divert to this + new object, a considerable part of the aids we had destined for General + Gates. We are still, however, sensible of the necessity of supporting him, + and have left that part of our country nearest him uncalled on, at + present, that they may reinforce him as soon as arms can be received. We + have called to the command of our forces, Generals Weeden and Muhlenburg, + of the line, and Nelson and Stevens of the militia. You will be pleased to + make to these such additions as you may think proper. As to the aids of + men, I ask for none, knowing that if the late detachment of the enemy + shall have left it safe for you to spare aids of that kind, you will not + await my application. Of the troops we shall raise, there is not a single + man who ever saw the face of an enemy. Whether the Convention troops will + be removed or not, is yet undetermined. This must depend on the force of + the enemy, and the aspect of their movements. + </p> + <p> + I have the honor to be + </p> + <p> + your Excellency’s most obedient, + </p> + <p> + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0041" id="link2H_4_0041"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXIX.—TO GENERAL WASHINGTON, October 25,1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, October 25,1780. + </p> + <p> + Sir, + </p> + <p> + I take the liberty of enclosing to you letters from Governor Hamilton, for + New York. On some representations received by Colonel Towles, that an + indulgence to Governor Hamilton and his companions to go to New York, on + parole, would produce the happiest,effect on the situation of our officers + in Long Island, we have given him, Major Hay, and some of the same party + at Winchester, leave to go there on parole. The two former go by water, + the latter by land. + </p> + <p> + By this express I hand on, from General Gates to Congress, intelligence of + the capture of Augusta, in Georgia, with considerable quantities of goods; + and information, which carries a fair appearance, of the taking of + Georgetown, in South Carolina, by a party of ours, and that an army of six + thousand French and Spaniards had landed at Sunbury. This is the more + credible, as Cornwallis retreated from Charlotte on the 12th instant, with + great marks of precipitation. Since my last to you, informing you of an + enemy’s fleet, they have landed eight hundred men in the neighborhood of + Portsmouth, and some more on the bay side of Princess Anne. One thousand + infantry landed at New-ports-news, on the morning of the 23rd, and + immediately took possession of Hampton. The horse were proceeding up the + road. Such a corps as Major Lee’s would be of infinite service to us. Next + to a naval force, horse seems to be the most capable of protecting a + country so intersected by waters. + </p> + <p> + I am, with the most sincere esteem, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0042" id="link2H_4_0042"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXX.—TO GENERAL WASHINGTON, October 26, 1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, October 26, 1780. + </p> + <p> + Sir, + </p> + <p> + The Executive of this State think it expedient, under our present + circumstances, that the prisoners of war under the Convention of Saratoga, + be removed from their present situation. It will be impossible, as long as + they remain with us, to prevent the hostile army from being reinforced by + numerous desertions from this corps; and this expectation may be one among + the probable causes of this movement of the enemy. Should, moreover, a + rescue of them be attempted, the extensive disaffection which has of late + been discovered, and the almost total want of arms in the hands of our + good people, render the success of such an enterprise by no means + desperate. The fear of this, and the dangerous convulsions to which such + an attempt would expose us, divert the attention of a very considerable + part of our militia, from an opposition to an invading enemy. An order has + been, therefore, this day issued to Colonel Wood, to take immediate + measures for their removal; and every aid has been and will be given him, + for transporting, guarding, and subsisting them on the road, which our + powers can accomplish. Notice hereof is sent to his Excellency Governor + Lee, on whose part, I doubt not, necessary preparations will be made. + </p> + <p> + I have the honor to be, with the greatest esteem and respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0043" id="link2H_4_0043"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXI.—TO GENERAL GATES, October 28, 1780 + </h2> + <p> + TO GENERAL GATES. + </p> + <p> + Richmond, October 28, 1780. + </p> + <p> + Sir, + </p> + <p> + Your letters of the 14th, 20th, and 21st have come to hand, and your + despatches to Congress have been regularly forwarded. I shall attend to + the caveat against Mr. Ochiltree’s bill. Your letter to Colonel Senf + remains still in my hands, as it did not come till the enemy had taken + possession of the ground, on which I knew him to have been, and I have + since no certain information where a letter might surely find him. My + proposition as to your bills in favor of the quarter-master, referred to + yours of September 27th. I have notified to the Continental + quarter-master, your advance of nine hundred dollars to Cooper. As yet, we + have received no wagons. I wish Mr. Lambe may have supplied you. Should + those from the western quarter not come in, we will authorize him or some + other, to procure a relief, in time, for those first impressed. We are + upon the eve of a new arrangement as to our commissary’s and + quarter-master’s departments, as the want of money, introducing its + substitute, force, requires the establishment of a different kind of + system. + </p> + <p> + Since my first information to you of the arrival of an enemy, they have + landed about eight hundred men near Portsmouth, some on the bay side of + Princess Anne, one thousand at Hampton, and still retained considerable + part on board their ships. Those at Hampton, after committing horrid + depredations, have again retired to their ships, which, on the evening of + the 26th, were strung along the Road from New-ports-news, to the mouth of + Nansemond, which seems to indicate an intention of coming up James river. + Our information is, that they have from four to five thousand men, + commanded by General Leslie, and that they have come under convoy of one + forty-gun ship, and some frigates (how many, has never been said), + commanded by Commodore Rodney. Would it not be worth while to send out a + swift boat from some of the inlets of Carolina, to notify the French + Admiral that his enemies are in a net, if he has leisure to close the + mouth of it? Generals Muhlenburg and Nelson are assembling a force to be + ready for them, and General Weeden has come to this place, where he is at + present employed in some arrangements. We have ordered the removal of the + Saratoga prisoners, that we may have our hands clear for these new guests. + </p> + <p> + I have the honor to be, with the most perfect esteem and respect, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0044" id="link2H_4_0044"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXII.—TO GENERAL WASHINGTON, November 3,1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, November 3,1780. + </p> + <p> + Sir, + </p> + <p> + Since I had the honor of writing to your Excellency, on the 25th ultimo, + the enemy have withdrawn their forces from the north side of James river, + and have taken post at Portsmouth, which, we learn, they are fortifying. + Their highest post is Suffolk, where there is a very narrow and defensible + pass between Nansemond river and the Dismal Swamp, which covers the + country below, from being entered by us. More accurate information of + their force, than we at first had, gives us reason to suppose them to be + from twenty-five hundred to three thousand strong, of which, between sixty + and seventy are cavalry. They are commanded by General Leslie, and were + convoyed by the Romulus, of forty guns, the Blonde, of thirty-two guns, + the Delight sloop, of sixteen, a twenty-gun ship of John Goodwick’s, and + two row-galleys, commanded by Commodore Grayton. We are not assured, as + yet, that they have landed their whole force. Indeed, they give out + themselves, that after drawing the force of this State to Suffolk, they + mean, to go to Baltimore. Their movements had induced me to think they + came with an expectation of meeting with Lord Cornwallis in this country, + that his precipitate retreat has left them without a concerted object, and + that they were waiting further orders. Information of this morning says, + that being informed of Lord Cornwallis’s retreat, and a public paper + having been procured by them, wherein were printed the several despatches + which brought this intelligence from General Gates, they unladed a vessel + and sent, her off to Charleston immediately. The fate of this army of + theirs hangs on a very slender naval force, indeed. + </p> + <p> + The want of barracks at Fort Frederick, as represented by Colonel Wood, + the difficulty of getting wagons sufficient to move the whole Convention + troops, and the state of uneasiness in which the regiment of guards is, + have induced me to think it would be better to move these troops in two + divisions; and as the whole danger of desertion to the enemy, and + correspondence with the disaffected in our southern counties, is from the + British only (for from the Germans we have no apprehensions on either + head), we have advised Colonel Wood to move on the British in the first + division, and to leave the Germans in their present situation, to form a + second division, when barracks may be erected at Fort Frederick. By these + means, the British may march immediately under the guard of Colonel + Crochet’s battalion, while Colonel Taylor’s regiment of guards remains + with the Germans. I cannot suppose this will be deemed such a separation + as is provided against by the Convention, nor that their officers will + wish to have the whole troops crowded into barracks, probably not + sufficient for half of them. Should they, however, insist on their being + kept together, I suppose it would be the opinion that the second division + should follow the first as soon as possible, and that their being exposed, + in that case, to a want of covering, would be justly imputable to + themselves only. The delay of the second division will lessen the distress + for provisions, which may, perhaps, take place on their first going to the + new post, before matters are properly arranged. + </p> + <p> + I have the honor to be, with great esteem and respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0045" id="link2H_4_0045"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXIII.—TO GENERAL WASHINGTON, November 10, 1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, November 10, 1780. + </p> + <p> + Sir, + </p> + <p> + I enclose your Excellency a copy of an intercepted letter from Major + General Leslie to Lord Cornwallis. [See Appendix, note F.] It was taken + from a person endeavoring to pass through the country from Portsmouth + towards Carolina. When apprehended, and a proposal made to search him, he + readily consented to be searched, but, at the same time, was observed to + put his hand into his pocket and carry something towards his mouth, as if + it were a quid of tobacco: it was examined, and found to be a letter, of + which the enclosed is a copy, written on silk paper, rolled up in + gold-beater’s skin, and nicely tied at each end, so as not to be larger + than a goose quill. As this is the first authentic disclosure of their + purpose in coming here, and may serve to found, with somewhat more of + certainty, conjectures respecting their future movements, while their + disappointment in not meeting with Lord Cornwallis may occasion new plans + at New York, I thought it worthy of communication to your Excellency. + </p> + <p> + Some deserters were taken yesterday, said to be of the British Convention + troops, who had found means to get to the enemy at Portsmouth, and were + seventy or eighty miles on their way back to the barracks, when they were + taken. They were passing under the guise of deserters from Portsmouth. + </p> + <p> + I have the honor to be, with the greatest esteem and respect, + </p> + <p> + your Exellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0046" id="link2H_4_0046"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXIV.—TO GENERAL WASHINGTON, November 26, 1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, November 26, 1780. + </p> + <p> + Sir, + </p> + <p> + I have been honored with your Excellency’s letter of the 8th instant. + Having found it impracticable to move, suddenly, the whole Convention + troops, British and German, and it being represented that there could not, + immediately, be covering provided for them all at Fort Frederick, we + concluded to march off the British first, from whom was the principal + danger of desertion, and to permit the Germans, who show little + disposition to join the enemy, to remain in their present quarters till + something further be done. The British, accordingly, marched the 20th + instant. They cross the Blue Ridge at Rock Fish gap, and proceed along + that valley. I am to apprize your Excellency, that the officers of every + rank, both British and German, but particularly the former, have purchased + within this State some of the finest horses in it. You will be pleased to + determine, whether it be proper that they carry them within their lines. I + believe the Convention of Saratoga entitles them to keep the horses they + then had. But I presume none of the line below the rank of field-officers, + had a horse. Considering the British will be now at Fort Frederick, and + the Germans in Albemarle, Alexandria seems to be the most central point to + which there is navigation. Would it not, therefore, be better that the + flag-vessel, solicited by General Phillips, should go to that place? It is + about equally distant from the two posts. The roads to Albemarle are good. + I know not how those are which lead to Fort Frederick. Your letter + referring me to General Green, for the mode of constructing light, + portable boats, unfortunately did not come to hand till he had left us. We + had before determined to have something done in that way, and as they are + still unexecuted, we should be greatly obliged by any draughts or hints, + which could be given by any person within the reach of your Excellency. + </p> + <p> + I received advice, that on the 22nd instant, the enemy’s fleet got all + under way, and were standing toward the Capes: as it still remained + undecided, whether they would leave the bay, or turn up it, I waited the + next stage of information, that you might so far be enabled to judge of + their destination. This I hourly expected, but it did not come till this + evening, when I am informed they all got out to sea in the night of the + 22nd. What course they steered afterwards, is not known. I must do their + General and Commander the justice to say, that in every case to which + their attention and influence could reach, as far as I have been + well-informed, their conduct was such as does them the greatest honor. In + the few instances of wanton and unnecessary devastation, they punished the + aggressors. + </p> + <p> + I have the honor to be, + </p> + <p> + your Excellency’s + </p> + <p> + most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0047" id="link2H_4_0047"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXV.—TO GENERAL WASHINGTON, December 15,1780 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, December 15,1780. + </p> + <p> + Sir, + </p> + <p> + I had the honor of writing to your Excellency on the subject of an + expedition contemplated by this State, against the British post at + Detroit, and of receiving your answer of October the 10th. Since the date + of my letter, the face of things has so far changed, as to leave it no + longer optional in us to attempt or decline the expedition, but compels us + to decide in the affirmative, and to begin our preparations immediately. + The army the enemy at present have in the South, the reinforcements still + expected there, and their determination to direct their future exertions + to that quarter, are not unknown to you. The regular force proposed on our + part to counteract those exertions, is such, either from the real or + supposed inability of this State, as by no means to allow a hope that it + may be effectual. It is, therefore, to be expected that the scene of war + will either be within our country, or very nearly advanced to it; and that + our principal dependence is to be on militia, for which reason it becomes + incumbent to keep as great a proportion of our people as possible, free to + act in that quarter. In the mean time, a combination is forming in the + westward, which, if not diverted, will call thither a principal and most + valuable part of our militia. From intelligence received, we have reason + to expect that a confederacy of British and Indians, to the amount of two + thousand men, is formed for the purpose of spreading destruction and + dismay through the whole extent of our frontier, in the ensuing spring. + Should this take place, we shall certainly lose in the South all aids of + militia beyond the Blue Ridge, besides the inhabitants who must fall a + sacrifice in the course of the savage irruptions. + </p> + <p> + There seems to be but one method of preventing this, which is to give the + western enemy employment in their own country. The regular force Colonel + Clarke already has, with a proper draft from the militia beyond the + Allegany, and that of three or four of our most northern counties, will be + adequate to the reduction of Fort Detroit, in the opinion of Colonel + Clarke; and he assigns the most probable reasons for that opinion. We + have, therefore, determined to undertake it, and commit it to his + direction. Whether the expense of the enterprise shall be defrayed by the + Continent or State, we will leave to be decided hereafter by Congress, in + whose justice we can confide as to the determination. In the mean time, we + only ask the loan of such necessaries as, being already at Fort Pitt, will + save time and an immense expense of transportation. These articles shall + either be identically or specifically returned; should we prove + successful, it is not improbable they may be where Congress would choose + to keep them. I am, therefore, to solicit your Excellency’s order to the + commandant at Fort Pitt, for the articles contained on the annexed list, + which shall not be called for until every thing is in readiness; after + which, there can be no danger of their being wanted for the post at which + they are: indeed, there are few of the articles essential for the defence + of the post. + </p> + <p> + I hope your Excellency will think yourself justified in lending us this + aid without awaiting the effect of an application elsewhere, as such a + delay would render the undertaking abortive, by postponing it to the + breaking up of the ice in the lake. Independent of the favorable effects + which a successful enterprise against Detroit must produce to the United + States in general, by keeping in quiet the frontier of the northern ones, + and leaving our western militia at liberty to aid those of the South, we + think the like friendly offices performed by us to the Sates, whenever + desired, and almost to the absolute exhausture of our own magazines, give + well founded hopes that we may be accommodated on this occasion. The + supplies of military stores which have been furnished by us to Fort Pitt + itself, to the northern army, and, most of all, to the southern, are not + altogether unknown to you. I am the more urgent for an immediate order, + because Colonel Clarke awaits here your Excellency’s answer by the + express, though his presence in the western country to make preparations + for the expedition is so very necessary, if you enable him to undertake + it. To the above, I must add a request to you to send for us to Pittsburg, + persons proper to work the mortars, &c, as Colonel Clarke has none + such, nor is there one in this State. They shall be in the pay of this + State from the time they leave you. Any money necessary for their journey, + shall be repaid at Pittsburg, without fail, by the first of March. + </p> + <p> + At the desire of the General Assembly, I take the liberty of transmitting + to you the enclosed resolution; and have the honor to be, with the most + perfect esteem and regard, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0048" id="link2H_4_0048"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXVI.—TO GENERAL WASHINGTON, January 10, 1781 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, January 10, 1781. + </p> + <p> + Sir, + </p> + <p> + It may seem odd, considering the important events which have taken place + in this State within the course of ten days, that I should not have + transmitted an account of them to your Excellency; but such has been their + extraordinary rapidity, and such the unremitted attention they have + required from all concerned in government, that I do not recollect the + portion of time which I could have taken to commit them to paper. + </p> + <p> + On the 31st of December, a letter from a private gentleman to General + Nelson came to my hands, notifying, that in the morning of the preceding + day, twenty-seven sail of vessels had entered the Capes; and from the + tenor of the letter, we had reason to expect, within a few hours, further + intelligence; whether they were friends or foes, their force, and other + circumstances. We immediately despatched General Nelson to the lower + country, with powers to call on the militia in that quarter, or act + otherwise as exigencies should require; but waited further intelligence, + before we would call for militia from the middle or upper country. No + further intelligence came till the 2nd instant, when the former was + confirmed; it was ascertained they had advanced up James river to + Wanasqueak bay. All arrangements were immediately taken for calling in a + sufficient body of militia for opposition. In the night of the 3rd, we + received advice that they were at anchor opposite Jamestown; we then + supposed Williamsburg to be their object. The wind, however, which had + hitherto been unfavorable, shifted fair, and the tide being also in their + favor, they ascended the river to Kennons’ that evening, and, with the + next tide, came up to Westover, having, on their way, taken possession of + some works we had at Hood’s, by which two or three of their vessels + received some damage, but which were of necessity abandoned by the small + garrison of fifty men placed there, on the enemy’s landing to invest the + works. Intelligence of their having quitted the station at Jamestown, from + which we supposed they meant to land for Williamsburg, and of their having + got in the evening to Kennon’s, reached us the next morning at five + o’clock, and was the first indication of their meaning to penetrate + towards this place or Petersburg. As the order for drawing miliatia here + had been given but two days, no opposition was in readiness. Every effort + was therefore necessary, to withdraw the arms and other military stores, + records, &c. from this place. Every effort was, accordingly, exerted + to convey them to the foundery five miles, and to a laboratory six miles, + above this place, till about sunset of that day, when we learned the enemy + had come to an anchor at Westover that morning. We then knew that this, + and not Petersburg was their object, and began to carry across the river + every thing remaining here, and to remove what had been transported to the + foundery and laboratory to Westham, the nearest crossing, seven miles + above this place, which operation was continued till they had approached + very near. They marched from Westover, at two o’clock in the afternoon of + the 4th, and entered Richmond at one o’clock in the afternoon of the 5th. + A regiment of infantry and about thirty horse continued on, without + halting, to the foundery. They burnt that, the boring mill, the magazine, + and two other houses, and proceeded to Westharn; but nothing being in + their power there, they retired to Richmond. The next morning they burned + some buildings of public and private property, with what stores remained + in them, destroyed a great quantity of private stores, and about twelve + o’clock, retired towards Westover, where they encamped within the Neck, + the next day. + </p> + <p> + The loss sustained is not yet accurately known. As far as I have been able + to discover, it consisted, at this place, of about three hundred muskets, + some soldiers’ clothing to a small amount, some quarter-master’s stores, + of which one hundred and twenty sides of leather was the principal + article, part of the artificers’ tools, and three wagons. Besides which, + five brass four-pounders, which we had sunk in the river, were discovered + to them, raised and carried off. At the foundery, we lost the greater part + of the papers belonging to the Auditor’s office, and of the books and + papers of the Council office. About five or six tons of powder, as we + conjecture, was thrown into the canal, of which there will be a + considerable saving by re-manufacturing it. The roof of the foundery was + burned, but the stacks of chimneys and furnaces not at all injured. The + boring mill was consumed. Within less than forty-eight hours from the time + of their landing, and nineteen from our knowing their destination, they + had penetrated thirty-three miles, done the whole injury, and retired. + Their numbers, from the best intelligence I have had, are about fifteen + hundred infantry, and as to their cavalry, accounts vary from fifty to one + hundred and twenty; and the whole commanded by the parricide Arnold. Our + militia, dispersed over a large tract of country, can be called in but + slowly. On the day the enemy advanced to this place, two hundred only were + embodied. They were of this town and its neighborhood, and were too few to + do any thing. At this time, they are assembled in pretty considerable + numbers on the south side of James river, but are not yet brought to a + point. On the north side are two or three small bodies, amounting in the + whole to about nine hundred men. The enemy were, at four o’clock yesterday + evening, still remaining in their encampment at Westover and Berkeley + Neck. In the mean while, Baron Steuben, a zealous friend, has descended + from the dignity of his proper command, to direct our smallest movements. + His vigilance has in a great measure supplied the want of force in + preventing the enemy from crossing the river, which might have been very + fatal. He has been assiduously employed in preparing equipments for the + militia, as they should assemble, in pointing them to a proper object, and + in other offices of a good commander. Should they loiter a little longer, + and he be able to have a sufficient force, I still flatter myself they + will not escape with total impunity. To what place they will point their + next exertions, we cannot even conjecture. The whole country on the tide + waters and some distance from them, is equally open to similar insult. + </p> + <p> + I have the honor to be, with every sentiment of respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0049" id="link2H_4_0049"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXVII.—TO THE PRESIDENT OF CONGRESS, Jan. 15, 1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + Richmond, January 15,1781. + </p> + <p> + Sir, + </p> + <p> + As the dangers which threaten our western frontiers, the ensuing spring, + render it necessary that we should send thither Colonel Crocket’s + battalion, at present on guard at Fredericktown, but raised for the + western service, I thought it necessary to give your Excellency previous + information thereof, that other forces may be provided in time to succeed + to their duties. Captain Read’s troop of horse, if necessary, may be + continued a while longer on guard. + </p> + <p> + I have the honor to be, with the greatest respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0050" id="link2H_4_0050"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXVIII.—TO THE PRESIDENT OF CONGRESS, Jan. 15, 1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + Sir, + </p> + <p> + Richmond, January 15, 1781. + </p> + <p> + I received some time ago from Major Forsyth, and afterwards from you, a + requisition to furnish one half the supplies of provision for the + Convention troops, removed into Maryland. I should sooner have done myself + the honor of writing to you on this subject, but that I hoped to have laid + it before you more fully than could be done in writing, by a gentleman who + was to pass on other public business to Philadelphia. The late events in + this State having retarded his setting out, I think it my duty no longer + to postpone explanation on this head. + </p> + <p> + You cannot be unapprized of the powerful armies of our enemy, at this time + in this and the southern States, and that their future plan is to push + their successes in the same quarter, by still larger reinforcements. The + forces to be opposed to these must be proportionably great, and these + forces must be fed. By whom are they to be fed? Georgia and South Carolina + are annihilated, at least, as to us. By the requisition to us to send + provisions into Maryland, it is to be supposed that none are to come to + the southern army, from any State north of this; for it would seem + inconsistent, that while we should be sending north, Maryland, and other + states beyond that, should be sending their provisions south. Upon North + Carolina, then, already exhausted by the ravages of two armies, and on + this State, are to depend for subsistence those bodies of men, who are to + oppose the greater part of the enemy’s force in the United States, the + subsistence of the German, and of half the British Conventioners. To take + a view of this matter on the Continental requisitions of November the 4th, + 1780, for specific quotas of provisions, it is observable that North + Carolina and Virginia are to furnish 10,475,740 pounds of animal food, and + 13,529 barrels of flour, while the States north of these will yield + 25,293,810 pounds of animal food, and 106,471 barrels of flour. + </p> + <p> + If the greater part of the British armies be employed in the South, it is + to be supposed that the greater part of the American force will be sent + there to oppose them. But should this be the case, while the distribution + of the provisions is so very unequal, would it be proper to render it + still more so, by withdrawing a part of our contributions to the support + of posts northward of us? It would certainly be a great convenience to us, + to deliver a portion of our specifics at Fredericktown, rather than in + Carolina: but I leave it to you to judge, whether this would be consistent + with the general good or safety. Instead of sending aids of any kind to + the northward, it seems but too certain that unless very timely and + substantial assistance be received from thence, our enemies are yet far + short of the ultimate term of their successes. I beg leave, therefore, to + refer to you, whether the specifics of Maryland, as far as shall be + necessary, had not better be applied to the support of the posts within + it, for which its quota is much more than sufficient, or, were it + otherwise, whether those of the States north of Maryland had not better be + called on, than to detract any thing from the resources of the southern + opposition, already much too small for the encounter to which it is left. + I am far from wishing to count or measure our contributions by the + requisitions of Congress. Were they ever so much beyond these. I should + readily strain them in aid of any one of our sister States. But while they + are so short of those calls to which they must be pointed in the first + instance, it would be great misapplication to divert them to any other + purpose: and I am persuaded you will think me perfectly within the line of + duty, when I ask a revisal of this requisition. + </p> + <p> + I have the honor to be, with the greatest respect, Sir, + </p> + <p> + your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0051" id="link2H_4_0051"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XXXIX.—TO THE PRESIDENT OF CONGRESS, Jan. 17, 1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + Richmond, January 17, 1781. + </p> + <p> + Sir, + </p> + <p> + I do myself the honor of transmitting to your Excellency a resolution of + the General Assembly of this Commonwealth, entered into in consequence of + the resolution of Congress of September the 6th, 1780, on the subject of + the Confederation. I shall be rendered very happy if the other States of + the Union, equally impressed with the necessity of that important + convention, shall be willing to sacrifice equally to its completion. This + single event, could it take place shortly, would overweigh every success + which the enemy have hitherto obtained, and render desperate the hopes to + which those successes have given birth. + </p> + <p> + I have the honor to be, with the most real esteem and respect, + </p> + <p> + your Excellency’s most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0052" id="link2H_4_0052"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XL.—TO THE VIRGINIA DELEGATES IN CONGRESS, Jan. 18, 1781 + </h2> + <p> + TO THE VIRGINIA DELEGATES IN CONGRESS. + </p> + <p> + Richmond, January 18, 1781. + </p> + <p> + Gentlemen, + </p> + <p> + I enclose you a Resolution of Assembly, directing your conduct as to the + navigation of the Mississippi. + </p> + <p> + The loss of powder lately sustained by us (about five tons), together with + the quantities sent on to the southward, have reduced our stock very low + indeed. We lent to Congress, in the course of the last year (previous to + our issues for the southern army), about ten tons of powder. I shall be + obliged to you to procure an order from the board of war, for any quantity + from five to ten tons, to be sent us immediately from Philadelphia or + Baltimore, and to inquire into and hasten, from time to time, the + execution of it. The stock of cartridge-paper is nearly exhausted. I do + not know whether Captain Irish, or what other officer, should apply for + this. It is essential that a good stock should be forwarded, and without a + moment’s delay. If there be a rock on which we are to split, it is the + want of muskets, bayonets, and cartouch-boxes. + </p> + <p> + The occurrences, since my last to the President, are not of any magnitude. + Three little rencounters have happened with the enemy. In the first, + General Smallwood led on a party of two or three hundred militia, and + obliged some armed vessels of the enemy to retire from a prize they had + taken at Broadway’s, and renewing his attack the next day with a + four-pounder or two (for on the first day he had only muskets), he obliged + some of their vessels to fall down from City Point to their main fleet at + Westover. The enemy’s loss is not known; ours was four men wounded. One of + the evenings, during their encampment at Westover and Berkeley, their + light-horse surprised a party of about one hundred or one hundred and + fifty militia at Charles City Court House, killed and wounded four, and + took, as has been generally said, about seven or eight. On Baron Steuben’s + approach towards Hood’s, they embarked at Westover; the wind, which, till + then, had set directly up the river from the time of their leaving + Jamestown, shifted in the moment to the opposite point. Baron Steuben had + not reached Hood’s by eight or ten miles, when they arrived there. They + landed their whole army in the night, Arnold attending in person. Colonel + Clarke (of Kaskaskias) had been sent on with two hundred and forty men by + Baron Steuben, and having properly disposed of them in ambuscade, gave + them a deliberate fire, which killed seventeen on the spot, and wounded + thirteen. They returned it in confusion, by which we had three or four + wounded, and our party being so small and without bayonets, were obliged + to retire on the enemy’s charging with bayonets. They fell down to Cobham, + whence they carried all the tobacco there (about sixty hogsheads); and the + last intelligence was, that on the 16th they were standing for + New-ports-news. Baron Steuben is of opinion, they are proceeding to fix a + post in some of the lower counties. Later information has given no reason + to believe their force more considerable than we at first supposed. I + think, since the arrival of the three transports which had been separated + in a storm, they may be considered as about two thousand strong. Their + naval force, according to the best intelligence, is the Charon, of + forty-four guns, Commodore Symmonds, the Amphitrite, Iris, Thames, and + Charlestown frigates, the Forvey, of twenty guns, two sloops of war, a + privateer ship, and two brigs. We have about thirty-seven hundred militia + embodied, but at present they are divided into three distant encampments: + one under General Weeden, at Fredericksburg, for the protection of the + important works there; another under General Nelson, at and near + Williamsburg; and a third under Baron Steuben, at Cabin Point. As soon as + the enemy fix themselves, these will be brought to a point. + </p> + <p> + I have the honor to be, with very great respect, gentlemen, + </p> + <p> + your most obedient servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0053" id="link2H_4_0053"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLI.—TO GENERAL WASHINGTON, February 8, 1781 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, February 8, 1781. + </p> + <p> + Sir, + </p> + <p> + I have just received intelligence, which, though from a private hand, I + believe is to be relied on, that a fleet of the enemy’s ships have entered + Cape Fear river, that eight of them had got over the bar, and many others + were lying off; and that it was supposed to be a reinforcement to Lord + Cornwallis, under the command of General Prevost. This account, which had + come through another channel, is confirmed by a letter from General + Parsons at Halifax, to the gentleman who forwards it to me. I thought it + of sufficient importance to be communicated to your Excellency by the + stationed expresses. The fatal want of arms puts it out of our power to + bring a greater force into the field, than will barely suffice to restrain + the adventures of the pitiful body of men they have at Portsmouth. Should + any more be added to them, this country will be perfectly open to them, by + land as well as water. + </p> + <p> + I have the honor to be, with all possible respect, + </p> + <p> + Your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0054" id="link2H_4_0054"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLII.—TO GENERAL WASHINGTON, February 12, 1781 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, February 12, 1781. + </p> + <p> + Sir, + </p> + <p> + The enclosed extract from a letter from Governor Nash, which I received + this day, being a confirmation of the intelligence I transmitted in a + former letter, I take the liberty of transmitting it to your Excellency. I + am informed, through a private channel, on which I have considerable + reliance, that the enemy had landed five hundred troops under the command + of a Major Craig, who were joined by a number of disaffected; that they + had penetrated forty miles; that their aim appeared to be the magazine at + Kingston, from which place they were about twenty miles distant. + </p> + <p> + Baron Steuben transmits to your Excellency a letter from General Greene, + by which you will learn the events which have taken place in that quarter + since the defeat of Colonel Tarleton, by General Morgan. These events + speak best for themselves, and no doubt will suggest what is necessary to + be done to prevent the successive losses of State after State, to which + the want of arms, and of a regular soldiery, seem more especially to + expose those in the South. + </p> + <p> + I have the honor to be, with every sentiment of respect, your Excellency’s + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0055" id="link2H_4_0055"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLIII.—TO GENERAL WASHINGTON, February 17, 1781 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, February 17, 1781. + </p> + <p> + Sir, + </p> + <p> + By a letter from General Greene, dated Guilford Court House, February + 10th, we are informed that Lord Cornwallis had burned his own wagons in + order to enable himself to move with greater facility, and had pressed + immediately on. The prisoners taken at the Cow-pens, were happily saved by + the accidental rise of a water-course, which gave so much time as to + withdraw them from the reach of the enemy. Lord Cornwallis had advanced to + the vicinities of the Moravian towns, and was still moving on rapidly. His + object was supposed to be to compel General Greene to an action, which, + under the difference of force they had, would probably be ruinous to the + latter. General Greene meant to retire by the way of Boyd’s Ferry, on the + Roanoke. As yet he had lost little or no stores or baggage, but they were + far from being safe. In the instant of receiving this intelligence, we + ordered a reinforcement of militia to him, from the most convenient + counties in which there was a hope of finding any arms. Some great event + must arise from the present situation of things, which, for a long time, + will determine the condition of southern affairs. + </p> + <p> + Arnold lies close in his quarters. Two days ago, I received information of + the arrival of a sixty-four gun ship and two frigates in our bay, being + part of the fleet of our good ally at Rhode Island. Could they get at the + British fleet here, they are sufficient to destroy them; but these being + drawn up into Elizabeth river, into which the sixty-four cannot enter, I + apprehend they could do nothing more than block up the river. This, + indeed, would reduce the enemy, as we could cut off their supplies by + land; but the operation being tedious, would probably be too dangerous for + the auxiliary force. Not having yet had any particular information of the + designs of the French Commander, I cannot pretend to say what measures + this aid will lead to. + </p> + <p> + Our proposition to the Cherokee Chiefs, to visit Congress, for the purpose + of preventing or delaying a rupture with that nation, was too late. Their + distresses had too much ripened their alienation from us, and the storm + had gathered to a head, when Major Martin got back. It was determined to + carry the war into their country, rather than await it in ours, and thus + disagreeably circumstanced, the issue has been successful. + </p> + <p> + The militia’ of this State and North Corolina penetrated into their + country, burned almost every town they had, amounting to about one + thousand houses in the whole, destroyed fifty thousand bushels of grain, + killed twenty-nine, and took seventeen prisoners. The latter are mostly + women and children. + </p> + <p> + I have the honor to be, &c. your Excellency’s + </p> + <p> + most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P.S. Since writing the above, I have received information which, though + not authentic, deserves attention: that Lord Cornwallis had got to Boyd’s + Ferry on the 14th. I am issuing orders, in consequence, to other counties, + to embody and march all the men they can arm. In this fatal situation, + without arms, there will be no safety for the Convention troops but in + their removal, which I shall accordingly order. The prisoners of the + Cowpens were at New London (Bedford Court House) on the 14th. T. J. + </p> + <p> + <a name="link2H_4_0056" id="link2H_4_0056"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLIV.—TO GENERAL GATES, February 17, 1781 + </h2> + <p> + TO GENERAL GATES. + </p> + <p> + Richmond, February 17, 1781. + </p> + <p> + Dear General, + </p> + <p> + The situation of affairs here and in Carolina is such as must shortly turn + up important events, one way orihe other. By letter from General Greene, + dated Guilford Court House, February the 10th, I learn that Lord + Cornwallis, rendered furious by the affair of the Cowpens and the surprise + of Georgetown, had burned his own wagons, to enable himself to move with + facility, had pressed on to the vicinity of the Moravian towns, and was + still advancing: The prisoners taken at the Cowpens were saved by a + hair’s-breadth accident, and Greene was retreating. His force, two + thousand regulars, and no militia; Cornwallis, three thousand. General + Davidson was killed in a skirmish. Arnold lies still at Portsmouth with + fifteen hundred men. A French sixty-four gun ship and two frigates, of + thirty-six each, arrived in our bay three days ago. They would suffice to + destroy the British shipping here (a forty, four frigates, and a twenty), + could they get at them. But these are withdrawn up Elizabeth river, which + the sixty-four cannot enter. We have ordered about seven hundred riflemen + from Washington, Montgomery, and Bedford, and five hundred common militia + from Pittsylvania and Henry, to reinforce General Greene; and five hundred + new levies will march from Chesterfield Court House in a few days. I have + no doubt, however, that the southwestern counties will have turned out in + greater numbers before our orders reach them. + </p> + <p> + I have been knocking at the door of Congress for aids of all kinds, but + especially of arms, ever since the middle of summer. The speaker, + Harrison, is gone to be heard on that subject. Justice, indeed, requires + that we should be aided powerfully. Yet if they would repay us the arms we + have lent them, we should give the enemy trouble, though abandoned to + ourselves. + </p> + <p> + After repeated applications, I have obtained a warrant for your advance + money, £18,000, which I have put into the hands of Mr. McAlister, to + receive the money from the Treasurer, and carry it to you. + </p> + <p> + I am, with very sincere esteem, + </p> + <p> + Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0057" id="link2H_4_0057"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLV.—TO GENERAL WASHINGTON, February 26,1781 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, February 26,1781. + </p> + <p> + Sir, + </p> + <p> + I gave you information in my last letter, that General Greene had crossed + the Dan, at Boyd’s Ferry, and that Lord Cornwallis had arrived at the + opposite shore. Large reinforcements of militia having embodied both in + front and rear of the enemy, he is retreating with as much rapidity as he + advanced; his route is towards Hillsborough. General Greene re-crossed the + Dan on the 21st, in pursuit of him. I have the pleasure to inform you, + that the spirit of opposition was as universal, as could have been wished + for. There was no restraint on the numbers that embodied, but the want of + arms. + </p> + <p> + The British at Portsmouth lie close in their lines. The French squadron + keep them in by water, and since their arrival, as they put it out of the + power of the enemy to cut off our retreat by sending up Nansemond river, + our force has been moved down close to their lines. + </p> + <p> + I have the honor to be, with the greatest respect, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0058" id="link2H_4_0058"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLVI.—TO GENERAL WASHINGTON, March 8, 1781 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, March 8, 1781. + </p> + <p> + Sir, + </p> + <p> + I had the pleasure of receiving a letter from General Greene, dated + High-rock Ford, February 29th (probably March the 1st), who informs me, + that, on the night of the 24th, Colonel M’Call surprised a subaltern’s + guard at Hart’s Mill, killed eight, and wounded and took nine prisoners, + and that on the 25th, General Pickens and Lieutenant Colonel Lee routed a + body of near three hundred tories, on the Haw river, who were in arms to + join the British army, killed upwards of one hundred, and wounded most of + the rest; which had a very happy effect on the disaffected in that + country. + </p> + <p> + By a letter from Major Magill, an officer of this State, whom I had sent + to General Greene’s head-quarters, for the purpose of giving us regular + intelligence, dated Guilford County, March 2nd, I am informed that Lord + Cornwallis, on his retreat, erected the British standard at Hillsborough; + that numbers of disaffected, under the command of Colonel Piles, were + resorting to it, when they were intercepted by General Pickens and + Lieutenant Colonel Lee, as mentioned by General Greene; and that their + commanding officer was among the slain: that Lord Cornwallis, after + destroying every thing he could, moved down the Haw river from + Hillsborough: that General Greene was within six miles of him: that our + superiority in the goodness, though not in the number of our cavalry, + prevented the enemy from moving with rapidity, or foraging. Having been + particular in desiring Major Magill to inform me what corps of militia, + from this State, joined General Greene, he accordingly mentioned, that + seven hundred under General Stevens, and four hundred from Botetourt, had + actually joined him; that Colonel Campbell was to join, him that day with + six hundred, and that Colonel Lynch, with three hundred from Bedford, was + shortly expected: the last three numbers being riflemen. Besides these + mentioned by Major Magill, General Lawson must, before this, have crossed + Roanoke with a body of militia, the number of which has not been stated to + me. Report makes them a thousand, but I suppose the number to be + exaggerated. Four hundred of our new levies left Chesterfield Court House + on the 25th of February, and probably would cross the Roanoke about the + 1st or 2nd of March. + </p> + <p> + I was honored with your Excellency’s letter of February the 21st, within + seven days after its date. We have, accordingly, been making every + preparation on our part, which we are able to make. The militia proposed + to co-operate, will be upwards of four thousand from this State, and one + thousand or twelve hundred from Carolina, said to be under General + Gregory. The enemy are, at this time, in a great measure blockaded by + land, there being a force on the east side of Elizabeth river. They suffer + for provisions, as they are afraid to venture far, lest the French + squadron should be in the neighborhood, and come upon them. Were it + possible to block up the river, a little time would suffice to reduce them + by want and desertions, and would be more sure in its event than an + attempt by storm. I shall be very happy to have it in my power to hand you + a favorable account of these two armies in the South. + </p> + <p> + I have the honor to be, with the greatest esteem and respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0059" id="link2H_4_0059"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLVII.—TO THE PRESIDENT OF CONGRESS, March 19,1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + Richmond, March 19,1781; + </p> + <p> + Sir, + </p> + <p> + I have the honor of enclosing to your Excellency a copy of a letter from + General Greene, with some other intelligence received, not doubting your + anxiety to know the movements in the South. + </p> + <p> + I find we have deceived ourselves not a little, by counting on the whole + numbers of the militia which have been in motion, as if they had all + remained with General Greene, when, in fact, they seem only to have + visited and quitted him. + </p> + <p> + The Marquis Fayette arrived at New York on the 15th. His troops still + remained at the head of the bay, till the appearance of some force which + should render their passage down safe. + </p> + <p> + I have the honor to be, with sentiments of the highest esteem and respect, + your Excellency’s + </p> + <p> + most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0060" id="link2H_4_0060"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLVIII.—TO THE PRESIDENT OF CONGRESS, March 21, 1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + Richmond, March 21, 1781. + </p> + <p> + Sir, + </p> + <p> + The enclosed letter will inform you of the arrival of a British fleet in + Chesapeake bay. + </p> + <p> + The extreme negligence of our stationed expresses is no doubt the cause + why, as yet, no authentic account has reached us of a general action, + which happened on the 15th instant, about a mile and a half from Guilford + Court House, between General Greene and Lord Cornwallis. Captain + Singleton, an intelligent officer of Harrison’s artillery, who was in the + action, has this moment arrived here, and gives the general information + that both parties were prepared and desirous for action; the enemy were + supposed about twenty-five hundred strong, our army about four thousand. + That after a very warm and general engagement, of about an hour and a + half, we retreated about a mile and a half from the field, in good order, + having, as he supposed, between two and three hundred killed and wounded, + the enemy between five and seven hundred killed and wounded: that we lost + four pieces of artillery: that the militia, as well as regulars, behaved + exceedingly well: that General Greene, he believes, would have renewed the + action the next day, had it not proved rainy, and would renew it as soon + as possible, as he supposes: that the whole of his troops, both regulars + and militia, were in high spirits and wishing a second engagement: that + the loss has fallen pretty equally on the militia and regulars: that + General Stevens received a ball through the thigh. + </p> + <p> + Major Anderson, of Maryland, was killed, and Captain Barrett, of + Washington’s cavalry; Captain Fauntleroy, of the same cavalry, was shot + through the thigh, and left in the field. + </p> + <p> + Captain Singleton, having left the camp the day after the battle, does, + not speak from particular returns, none such having been then made. I must + inform your Excellency from him, till more regular applications can reach + you, that they are in extreme want of lead, cartridge-paper, and thread. I + think it improper, however it might urge an instantaneous supply, to + repeat to you his statement of the extent of their stock of these + articles. In a former letter, I mentioned to you the failure of the vein + of our lead mines, which has left the army here in a state of equal + distress and danger. + </p> + <p> + I have the honor to be, with very high respect and esteem, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P. S. Look-out boats have been ordered from the sea-board of the eastern + shore, to apprise the Commander of the French fleet, on its approach, of + the British being in the Chesapeake. T. J. + </p> + <p> + <a name="link2H_4_0061" id="link2H_4_0061"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XLIX.—TO THE PRESIDENT OF CONGRESS, March 26,1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + In Council, Richmond, March 26,1781. + </p> + <p> + Sir, + </p> + <p> + The appointment of commissioner to the war-office of this State having + lately become vacant, the Executive are desirous to place Colonel William + Davies, of the Virginia Continentals, in that office. This gentleman, + however, declines undertaking it, unless his rank in the army, half pay + for life and allowance for depreciation of pay, can be reserved to him; + observing with justice, that these emoluments, distant as they are, are + important to a person who has spent the most valuable part of his youth in + the service of his country. As this indulgence rests in the power of + Congress alone, I am induced to request it of them on behalf of the State, + to whom it is very interesting that the office be properly filled, and I + may say, on behalf of the Continent also, to whom the same circumstance is + interesting, in proportion to its reliance upon this State for supplies to + the southern war. We should not have given Congress the trouble of this + application, had we found it easy to call any other to the office, who was + likely to answer our wishes in the exercise of it. + </p> + <p> + I have the honor to be, with sentiments of the highest respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0062" id="link2H_4_0062"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER L.—TO THE PRESIDENT OF CONGRESS, March 28, 1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + Richmond, March 28, 1781. + </p> + <p> + Sir, + </p> + <p> + I forward to your Excellency, under cover with this, copies of letters + received from Major General Greene and Baron Steuben, which will give you + the latest account of the situation of things with us and in North + Carolina. + </p> + <p> + I observe a late resolve of Congress, for furnishing a number of arms to + the southern states; and I lately wrote you on the subject of ammunition + and cartridge-paper. How much of this State, the enemy thus reinforced, + may think proper to possess themselves of, must depend on their own + moderation and caution, till these supplies arrive. We had hoped to + receive, by the French squadron under Monsieur Destouches, eleven hundred + stand of arms, which we had at Rhode Island, but were disappointed. The + necessity of hurrying forward the troops intended for the southern + operations will be doubtless apparent from this letter. + </p> + <p> + I have the honor to be, with the greatest respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0063" id="link2H_4_0063"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LI.—TO THE PRESIDENT OF CONGRESS, March 31, 1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + Richmond, March 31, 1781. + </p> + <p> + Sir, + </p> + <p> + The letters and papers accompanying this, will inform your Excellency of + the arrival of a British flag vessel with clothing, refreshments, money, + &c. for their prisoners under the Convention of Saratoga. The + gentlemen conducting them have, on supposition that the prisoners, or a + part of them, still remained in this State, applied to me by letters, + copies of which I transmit your Excellency, for leave to allow water + transportation as far as possible, and then, for themselves to attend them + to the post where they are to be issued. These indulgencies were usually + granted them here, but the prisoners being removed, it becomes necessary + to transmit the application to Congress for their direction. In the mean + time the flag will wait in James river. + </p> + <p> + Our intelligence from General Greene’s camp as late as the 24th, is, that + Lord Cornwallis’s march of the day before had decided his route to Cross + creek. + </p> + <p> + The amount of the reinforcements to the enemy, arrived at Portsmouth, is + not yet known with certainty. Accounts differ from fifteen hundred to much + larger numbers. We are informed they have a considerable number of horse. + The affliction of the people for want of arms is great; that of ammunition + is not yet known to them. An apprehension is added, that, the enterprise + on Portsmouth being laid aside, the troops under the Marquis Fayette will + not come on. An enemy three thousand strong, not a regular in the State, + nor arms to put in the hands of the militia, are, indeed, discouraging + circumstances. + </p> + <p> + I have the honor to be, with sentiments of the highest respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0064" id="link2H_4_0064"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LII.—TO THE PRESIDENT OF CONGRESS, April 7, 1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + Richmond, April 7, 1781. + </p> + <p> + Sir, + </p> + <p> + Hearing that our arms from Rhode Island have arrived at Philadelphia, I + have begged the favor of our Delegates to send them on in wagons + immediately, and, for the conveyance of my letter, have taken the liberty + of setting the Continental line of expresses in motion, which I hope our + distress for arms will justify, though the errand be not purely + Continental. + </p> + <p> + I have nothing from General Greene later than the 27th of March; our + accounts from Portsmouth vary the reinforcements which came under General + Phillips, from twenty-five hundred to three thousand. Arnold’s strength + before, was, I think, reduced to eleven hundred. They have made no + movement yet. Their preparation of boats is considerable; whether they + mean to go southwardly or up the river, no leading circumstance has yet + decided. + </p> + <p> + I have the honor to be, with the highest respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson, + </p> + <p> + <a name="link2H_4_0065" id="link2H_4_0065"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LIII.—TO THE PRESIDENT OF CONGRESS, April 18, 1781 + </h2> + <p> + TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + </p> + <p> + In Council, April 18, 1781. + </p> + <p> + Sir, + </p> + <p> + I was honored, yesterday, with your Excellency’s favor enclosing the + resolutions of Congress of the 8th instant, for removing stores and + provisions from the counties of Accomack and Northampton. We have there no + military stores, except a few muskets in the hands of the militia. There + are some collections of forage and provisions belonging to the Continent, + and some to the State, and the country there, generally, furnishes an + abundance of forage. But such is the present condition of Chesapeake bay, + that we cannot even get an advice-boat across it, with any certainty, much + less adventure on transportation. Should, however, any interval happen, in + which these articles may be withdrawn, we shall certainly avail ourselves + of it, and bring thence whatever we can. + </p> + <p> + If I have been rightly informed, the horses there are by no means such, as + that the enemy could apply them to the purposes of cavalry. Some, large + enough for the draught, may, perhaps, be found, but of these not many. + </p> + <p> + I have the honor to be, with the greatest respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0066" id="link2H_4_0066"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LIV.—TO GENERAL WASHINGTON, April 23,1781 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON + </p> + <p> + Richmond, April 23,1781. + </p> + <p> + Sir, + </p> + <p> + On the 18th instant, the enemy came from Portsmouth up James river, in + considerable force, though their numbers are not yet precisely known to + us. They landed at Burwell’s Ferry, below Williamsburg, and also a short + distance above the mouth of Chickahominy. This latter circumstance obliged + Colonel Innis, who commanded a body of militia, stationed on that side the + river to cover the country from depredation, to retire upwards, lest he + should be placed between their two bodies. One of these entered + Williamsburg on the 20th, and the other proceeded to a ship-yard we had on + Chickahominy. What injury they did there, I am not yet informed. I take + for granted, they have burned an unfinished twenty-gun ship we had there. + Such of the stores belonging to the yard as were moveable, had been + carried some miles higher up the river. Two small galleys also retired up + the river. Whether by this, either the stores or galleys were saved, is + yet unknown. I am just informed from a private hand, that they left + Williamsburg early yesterday morning. If this sudden departure was not in + consequence of some circumstance of alarm unknown to us, their expedition + to Williamsburg has been unaccountable. There were no public stores at + that place, but those which were necessary for the daily subsistence of + the men there. Where they mean to descend next, the event alone can + determine. Besides harassing our militia with this kind of war, the taking + them from their farms at the interesting season of planting their corn, + will have an unfortunate effect on the crop of the ensuing year. + </p> + <p> + I have heard nothing certain of General Greene since the 6th instant, + except that his head-quarters were on Little river on the 11th. + </p> + <p> + I have the honor to be, with the highest respect and esteem, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0067" id="link2H_4_0067"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LV.—TO GENERAL WASHINGTON, May 9, 1781 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Richmond, May 9, 1781. + </p> + <p> + Sir, + </p> + <p> + Since the last letter which I had the honor of addressing to your + Excellency, the military movements in this State, except a very late one, + have scarcely merited communication. + </p> + <p> + The enemy, after leaving Williamsburg, came directly up James river and + landed at City Point, being the point of land on the southern side of the + confluence of Appomatox and James rivers. They marched up to Petersburg, + where they were received by Baron Steuben with a body of militia somewhat + under one thousand, who, though the enemy were two thousand and three + hundred strong, disputed the ground very handsomely, two hours, during + which time the enemy gained only one mile, and that by inches. Our troops + were then ordered to retire over a bridge, which they did in perfectly + good order. Our loss was between sixty and seventy, killed, wounded, and + taken. The enemy’s is unknown, but it must be equal to ours; for their own + honor they must confess this, as they broke twice and run like sheep, till + supported by fresh troops. An inferiority in number obliged our force to + withdraw about twelve miles upwards, till more militia should be + assembled. The enemy burned all the tobacco in the warehouses at + Petersburg, and its, neighborhood. They afterwards proceeded to Osborne’s, + where they did the same, and also destroyed the residue of the public + armed vessels, and several of private property, and then came to + Manchester, which is on the hill opposite this place. + </p> + <p> + By this time, Major General Marquis Fayette, having been advised of our + danger, had, by forced marches, got here with his detachment of + Continental troops; and reinforcements of militia having also come in, the + enemy finding we were able to meet them on equal footing, thought proper + to burn the warehouses and tobacco at Manchester, and retire to Warwick, + where they did the same. Ill armed and untried militia, who never before + saw the face of an enemy, have, at times, during the course of this war, + given occasions of exultation to our enemies; but they afforded us, while + at Warwick, a little satisfaction in the same way. Six or eight hundred of + their picked men of light-infantry, with General Arnold at their head, + having crossed the river from Warwick, fled from a patrole of sixteen + horse, every man into his boat as he could, some pushing north, some + south, as their fears drove them. Their whole force then proceeded to the + Hundred, being the point of land within the confluence of the two rivers, + embarked, and fell down the river. Their foremost vessels had got below + Burwell’s Ferry on the 6th instant, when on the arrival of a boat from + Portsmouth, and a signal given, the whole crowded sail up the river again + with a fair wind and tide, and came to anchor at Brandon; there six days’ + provision was dealt out to every man; they landed, and had orders to march + an hour before day the next morning. We have not yet heard which way they + went, or whether they have gone; but having, about the same time, received + authentic information that Lord Cornwallis had, on the 1st instant, + advanced from Wilmington half way to Halifax, we have no doubt, putting + all circumstances together, that these two armies are forming a junction. + </p> + <p> + We are strengthening our hands with militia, as far as arms, either public + or private, can be collected, but cannot arm a force which may face the + combined armies of the enemy. It will, therefore, be of very great + importance that General Wayne’s forces be pressed on with the utmost + despatch. Arms and a naval force, however, are what must ultimately save + us. This movement of our enemies we consider as most perilous in its + consequences. + </p> + <p> + Our latest advices from General Greene were of the 26th ult., when he was + lying before Camden, the works and garrison of which were much stronger + than he had expected to find them. + </p> + <p> + I have the honor to be, with great respect, + </p> + <p> + your Excellency’s most obedient, humble servant, + </p> + <p> + Th: Jefferson, + </p> + <p> + <a name="link2H_4_0068" id="link2H_4_0068"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LVI.—TO THE VIRGINIA DELEGATES IN CONGRESS, May 10, 1781 + </h2> + <p> + TO THE VIRGINIA DELEGATES IN CONGRESS. + </p> + <p> + In Council, May 10, 1781. + </p> + <p> + Gentlemen, + </p> + <p> + A small affair has taken place between the British commanding officer in + this state, General Phillips, and the Executive, of which, as he may + endeavor to get rid of it through the medium of Congress, I think it + necessary previously to apprise you. + </p> + <p> + General Scott obtained permission from the Commandant at Charleston, for + vessels with necessary supplies to go from hence to them, but instead of + sending the original, sent only a copy of the permission taken by his + brigade-major. I applied to General Phillips to supply this omission by + furnishing a passport for the vessel. Having just before taken great + offence at a threat of retaliation in the treatment of prisoners, he + enclosed his answer to my letter under this address, ‘To Thomas Jefferson + Esq., American Governor of Virginia.’ I paused on receiving the letter, + and for some time would not open it; however, when the miserable condition + of our brethren in Charleston occurred to me, I could not determine that + they should be left without the necessaries of life, while a punctilio + should be discussing between the British General and myself; and knowing + that I had an opportunity of returning the compliment to Mr. Phillips in a + case perfectly corresponding, I opened the letter. + </p> + <p> + Very shortly after, I received, as I expected, the permission of the board + of war, for the British flag-vessel, then in Hampton Roads with clothing + and refreshments, to proceed to Alexandria. I enclosed and addressed it, + ‘To William Phillips Esq., commanding the British forces in the + Commonwealth of Virginia.’ Personally knowing Phillips to be the proudest + man of the proudest nation on earth, I well know he will not open this + letter; but having occasion at the same time to write to Captain Gerlach, + the flag-master, I informed him that the Convention troops in this state + should perish-for want of necessaries, before any should be carried to + them through this state, till General Phillips either swallowed this pill + of retaliation, or made an apology for his rudeness. And in this, should + the matter come ultimately to Congress, we hope for their support. + </p> + <p> + He has the less right to insist on the expedition of his flag, because his + letter, instead of enclosing a passport to expedite ours, contained only + an evasion of the application, by saying he had referred it to Sir Henry + Clinton, and in the mean time, he has come up the river, and taken the + vessel with her loading, which we had chartered and prepared to send to + Charleston, and which wanted nothing but the passport to enable her to + depart. + </p> + <p> + I would further observe to you, that this gentleman’s letters to the Baron + Steuben first, and afterwards to the Marquis Fayette, have been in a style + so intolerably insolent and haughty, that both these gentlemen have, been + obliged to inform him, that if he thinks proper to address them again in + the same spirit, all intercourse shall be discontinued. + </p> + <p> + I am, with great respect and esteem, + </p> + <p> + Gentlemen, your most obedient servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0069" id="link2H_4_0069"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LVII.—TO GENERAL WASHINGTON, May 28,1781 + </h2> + <p> + TO HIS EXCELLENCY GENERAL WASHINGTON. + </p> + <p> + Charlottesville, May 28,1781. + </p> + <p> + Sir, + </p> + <p> + I make no doubt you will have heard, before this shall have the honor of + being presented to your Excellency, of the junction of Lord Cornwallis + with the force at Petersburg under Arnold, who had succeeded to the + command on the death of Major General Phillips. I am now advised that they + have evacuated Petersburg, joined at Westover a reinforcement of two + thousand men just arrived from New York, crossed James river, and on the + 26th instant were three miles advanced on their way towards Richmond; at + which place Major General the Marquis Fayette lay with three thousand men, + regulars and militia: these being the whole number we could arm, until the + arrival of the eleven hundred arms from Rhode Island, which are, about + this time, at the place where our public stores are deposited, The whole + force of the enemy within this State, from the best intelligence I have + been able to get, is, I think, about seven thousand men, infantry and + cavalry, including also the small garrison left at Portsmouth. A number of + privateers, which are constantly ravaging the shores of our rivers, + prevent us from receiving any aid from the counties lying on navigable + waters: and powerful operations meditated against our western frontier, by + a joint force of British and Indian savages, have, as your Excellency + before knew, obliged us to embody between two and three thousand men in + that quarter. Your Excellency will judge from this state of things, and + from what you know of our country, what it may probably suffer during the + present campaign. Should the enemy be able to produce no opportunity of + annihilating the Marquis’s army, a small proportion of their force may yet + restrain his movements effectually, while the greater part are employed, + in detachment, to waste an unarmed country, and lead the minds of the + people to acquiescence under those events, which they see no human power + prepared to ward off. We are too far removed from the other scenes of war + to say, whether the main force of the enemy be within this state. But I + suppose they cannot any where spare so great an army for the operations of + the field. Were it possible for this circumstance to justify in your + Excellency a determination to lend us your personal aid, it is evident + from the universal voice, that the presence of their beloved countryman, + whose talents have so long been successfully employed in establishing the + freedom of kindred States, to whose person they have still flattered + themselves they retained some right, and have ever looked up, as their + dernier resort in distress, would restore full confidence of salvation to + our citizens, and would render them equal to whatever is not impossible. I + cannot undertake to foresee and obviate the difficulties which lie in the + way of such a resolution. The whole subject is before you, of which I see + only detached parts: and your judgment will be formed on a view of the + whole. Should the danger of this State, and its consequence to the Union, + be such, as to render it best for the whole that you should repair to its + assistance, the difficulty would then be, how to keep men out of the + field. I have undertaken to hint this matter to your Excellency, not only + on my own sense of its importance to us, but at the solicitations of many + members of weight in our legislature, which has not yet assembled to speak + their own desires. + </p> + <p> + A few days will bring to me that relief which the constitution has + prepared for those oppressed with the labors of my office, and a long + declared resolution of relinquishing it to abler hands, has prepared my + way for retirement to a private station: still, as an individual, I should + feel the comfortable effects of your presence, and have (what I thought + could not have been) an additional motive for that gratitude, esteem, and + respect, with which + </p> + <p> + I have the honor to be, + </p> + <p> + your Excellency’s most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> +<pre xml:space="preserve"> + [An interval of near three years here occurs in the + Author’s correspondence, during which he preserved only + memoranda of the contents of the letters written by him.] +</pre> + <hr /> + <p> + <a name="link2H_4_0070" id="link2H_4_0070"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER, LVIII.—TO GENERAL WASHINGTON, April 16, 1784 + </h2> + <p> + TO GENERAL WASHINGTON. + </p> + <p> + Annapolis, April 16, 1784. + </p> + <p> + Dear Sir, + </p> + <p> + I received your favor of April the 8th, by Colonel Harrison, The subject + of it is interesting, and, so far as you have stood connected with it, has + been matter of anxiety to me; because, whatever may be the ultimate fate + of the institution of the Cincinnati, as, in its course, it draws to it + some degree of disapprobation, I have wished to see you standing on ground + separated from it, and that the character which will be handed to future + ages at the head of our Revolution, may, in no instance, be compromitted + in subordinate altercations. The subject has been at the point of my pen + in every letter I have written to you, but has been still restrained by + the reflection that you had among your friends more able counsellors, and, + in yourself, one abler than them all. Your letter has now rendered a duty + what was before a desire, and I cannot better merit your confidence than + by a full and free communication of facts and sentiments, as far as they + have come within my observation. When the army was about to be disbanded, + and the officers to take final leave, perhaps never again to meet, it was + natural for men who had accompanied each other through so many scenes of + hardship, of difficulty and danger, who, in a variety of instances, must + have been rendered mutually dear by those aids and good offices, to which + their situations had given occasion, it was natural, I say, for these to + seize with fondness any proposition which promised to bring them together + again, at certain and regular periods. And this, I take for granted, was + the origin and object of this institution: and I have no suspicion that + they foresaw, much less intended, those mischiefs which exist perhaps in + the forebodings of politicians only. I doubt, however, whether in its + execution, it would be found to answer the wishes of those who framed it, + and to foster those friendships it was intended to preserve. The members + would be brought together at their annual assemblies no longer to + encounter a common enemy, but to encounter one another in debate and + sentiment. For something, I suppose, is to be done at these meetings, and, + however unimportant, it will suffice to produce difference of opinion, + contradiction, and irritation. The way to make friends quarrel is to put + them in disputation under the public eye. An experience of near twenty + years has taught me, that few friendships stand this test, and that public + assemblies where every one is free to act and speak, are the most powerful + looseners of the bands of private friendship. I think, therefore, that + this institution would fail in its principal object, the perpetuation of + the personal friendships contracted through the war. + </p> + <p> + The objections of those who are opposed to the institution shall be + briefly sketched. You will readily fill them up. They urge that it is + against the Confederation—against the letter of some of our + constitutions—against the spirit of all of them;—that the + foundation on which all these are built, is the natural equality of man, + the denial of every pre-eminence but that annexed to legal office, and, + particularly, the denial of a pre-eminence by birth; that however, in + their present dispositions, citizens might decline accepting honorary + instalments[sp.]into the order; but a time, may come, when a change of + dispositions would render these flattering, when a well directed + distribution of them might draw into the order all the men of talents, of + office, and wealth, and in this case, would probably procure an + ingraftment into the government; that in this, they will be supported by + their foreign members, and the wishes and influence of foreign courts; + that experience has shown that the hereditary branches of modern + governments are the patrons of privilege and prerogative, and not of the + natural rights of the people, whose oppressors they generally are: that + besides these evils, which are remote, others may take place more + immediately; that a distinction is kept up between the civil and military, + which it is for the happiness of both to obliterate; that when the members + assemble the, will be proposing to do something, and what that something + may be, will depend on actual circumstances; that being an organized body, + under habits of subordination, the first obstruction to enterprise will be + already surmounted; that the moderation and virtue of a single character + have probably prevented this Revolution from being closed as most others + have been, by a subversion of that liberty it was intended to establish; + that he is not immortal, and his successor, or some of his successors, may + be led by false calculation into a less certain road to glory. + </p> + <p> + What are the sentiments of Congress on this subject, and what line they + will pursue, can only be stated, conjecturally. Congress as a body, if + left to themselves, will in my opinion say nothing on the subject. They + may, however, be forced into a declaration by instructions from some of + the States, or by other incidents. Their sentiments, if forced from them, + will be unfriendly to the institution. If permitted to pursue their own + path, they will check it by side-blows whenever it comes in their way, and + in competitions for office, on equal or nearly equal ground, will give + silent preferences to those who are not of the fraternity. My reasons for + thinking this are, 1. The grounds on which they lately declined the + foreign order proposed to be conferred on some of our citizens. 2. The + fourth of the fundamental articles of constitution for the new States. I + enclose you the report; it has been considered by Congress, recommitted + and reformed by a committee, according to sentiments expressed on other + parts of it, but the principle referred to, having not been controverted + at all, stands in this as in the original report; it is not yet confirmed + by Congress. 3. Private conversations on this subject with the members. + Since the receipt of your letter I have taken occasion to extend these; + not, indeed, to the military members, because, being of the order, + delicacy forbade it, but to the others pretty generally; and, among these, + I have as yet found but one who is not opposed to the institution, and + that with an anguish of mind, though covered under a guarded silence which + I have not seen produced by any circumstance before. I arrived at + Philadelphia before the separation of the last Congress, and saw there and + at Princeton some of its members not now in delegation. Burke’s piece + happened to come out at that time, which occasioned this institution to be + the subject of conversation. I found the same impressions made on them + which their successors have received. I hear from other quarters that it + is disagreeable, generally, to such citizens as have attended to it, and, + therefore, will probably be so to all, when any circumstance shall present + it to the notice of all. + </p> + <p> + This, Sir, is as faithful an account of sentiments and facts as I am able + to give you. You know the extent of the circle within which my + observations are at present circumscribed, and can estimate how far, as + forming a part of the general opinion, it may merit notice, or ought to + influence your particular conduct. + </p> + <p> + It now remains to pay obedience to that part of your letter, which + requests sentiments on the most eligible measures to be pursued by the + society, at their next meeting. I must be far from pretending to be a + judge of what would, in fact, be the most, eligible measures for the + society. I can only give you the opinions of those with whom I have + conversed, and who, as I have before observed, are unfriendly to it. They + lead to these conclusions. 1. If the society proceed according to its + institution, it will be better to make no applications to Congress on that + subject, or any other, in their associated character. 2. If they should + propose to modify it, so as to render it unobjectionable, I think it would + not be effected without such a modification as would amount almost to + annihilation: for such would it be to part with its inheritability, its + organization, and its assemblies. 3. If they shall be disposed to + discontinue the whole, it would remain with them to determine whether they + would choose it to be done by their own act only, or by a reference of the + matter to Congress, which would infallibly produce a recommendation of + total discontinuance. + </p> + <p> + You will be sensible, Sir, that these communications are without reserve. + I supposed such to be your wish, and mean them but as materials, with such + others as you may collect, for your better judgment to work on. I consider + the whole matter as between ourselves alone, having determined to take no + active part in this or any thing else, which may lead to altercation, or + disturb that quiet and tranquillity of mind, to which I consign the + remaining portion of my life. I have been thrown back by events, on a + stage where I had never more thought to appear. It is but for a time, + however, and as a day-laborer, free to withdraw, or be withdrawn at will. + While I remain, I shall pursue in silence the path of right, but in every + situation, public or private, I shall be gratified by all occasions of + rendering you service, and of convincing you there is no one, to whom your + reputation and happiness are dearer than to, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0071" id="link2H_4_0071"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LIX.—TO COLONEL URIAH FORREST, October 20, 1784 + </h2> + <p> + TO COLONEL URIAH FORREST. + </p> + <p> + Paris, Cul-de-Sac Tetebout, + </p> + <p> + October 20, 1784. + </p> + <p> + Sir, + </p> + <p> + I received yesterday your favor of the 8th instant, and this morning went + to Auteuil and Passy, to consult with Mr. Adams and Dr. Franklin on the + subject of it. We conferred together, and think it is a case in which we + could not interpose (were there as yet cause for interposition) without + express instructions from Congress. It is, however, our private opinion, + which we give as individuals, only, that Mr. McLanahan, while in England, + is subject to the laws of England; that, therefore, he must employ + counsel, and be guided in his defence by their advice. The law of nations + and the treaty of peace, as making a part of the law of the land, will + undoubtedly be under the consideration of the judges who pronounce on Mr. + McLanahan’s case; and we are willing to hope that, in their knowledge and + integrity, he will find certain resources against injustice, and a + reparation of all injury to which he may have been groundlessly exposed. A + final and palpable failure on their part, which we have no reason to + apprehend, might make the case proper for the consideration of Congress. + </p> + <p> + I have the honor to be, with sentiments of great respect and esteem, for + Mr. McLanahan, as well as yourself. + </p> + <p> + Sir, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0072" id="link2H_4_0072"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LX.—TO JOHN JAY, May 11, 1785 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, May 11, 1785. + </p> + <p> + Sir, + </p> + <p> + I was honored on the 2nd instant with the receipt of your favor of March + the 15th, enclosing the resolution of Congress of the 10th of the same + month, appointing me their Minister Plenipotentiary at this court, and + also of your second letter of March 22nd, covering the commission and + letter of credence for that appointment. I beg permission through you, + Sir, to testify to Congress my gratitude for this new mark of their favor, + and my assurances of endeavoring to merit it by a faithful attention to + the discharge of the duties annexed to it. Fervent zeal is all which I can + be sure of carrying into their service; and where I fail through a want of + those powers which nature and circumstances deny me, I shall rely on their + indulgence, and much also on that candor with which your Goodness will + present my proceedings to their eye. The kind terms in which you are + pleased to notify this honor to me, require mv sincere thanks. I beg you + to accept them, and to be assured of the perfect esteem, with which I have + the honor to be, Sir, your most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0073" id="link2H_4_0073"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXI.—TO GENERAL CHASTELLUX, June 7,1785 + </h2> + <p> + TO GENERAL CHASTELLUX. + </p> + <p> + Paris, June 7,1785. + </p> + <p> + Dear Sir, + </p> + <p> + I have been honored with the receipt of your letter of the 2nd instant, + and am to thank you, as I do sincerely, for the partiality with which you + receive the copy of the Notes on my country. As I can answer for the facts + therein reported on my own observation, and have admitted none on the + report of others, which were not supported by evidence sufficient to + command my own assent, I am not afraid that you should make any extracts + you please for the Journal de Physique, which come within their plan of + publication. The strictures on slavery and on the constitution of + Virginia, are not of that kind, and they are the parts which I do not wish + to have made public, at least, till I know whether their publication would + do most harm or good. It is possible, that in my own country, these + strictures might produce an irritation, which would indispose the people + towards the two great objects I have in view, that is, the emancipation of + their slaves, and the settlement of their constitution on a firmer and + more permanent basis. If I learn from thence, that they will not produce + that effect, I have printed and reserved just copies enough to be able to + give one to every young man at the College. It is to them I look, to the + rising generation, and not to the one now in power, for these great + reformations. The other copy, delivered at your hotel, was for Monsieur de + Buffon. I meant to ask the favor of you to have it sent to him, as I was + ignorant how to do it. I have one also for Monsieur Daubenton, but being + utterly unknown to him, I cannot take the liberty of presenting it, till I + can do it through some common acquaintance. + </p> + <p> + I will beg leave to say here a few words on the general question of the + degeneracy of animals in America. 1. As to the degeneracy of the man of + Europe transplanted to America, it is no part of Monsieur de Buffon’s + system. He goes, indeed, within one step of it, but he stops there. The + Abbe Raynal alone has taken that step. Your knowledge of America enables + you to judge this question; to say, whether the lower class of people in + America, are less informed, and less susceptible of information, than the + lower class in Europe: and whether those in America who have received such + an education as that country can give, are less improved by it than + Europeans of the same degree of education. 2. As to the aboriginal man of + America, I know of no respectable evidence on which the opinion of his + inferiority of genius has been founded, but that of Don Ulloa. As to + Robertson, he never was in America; he relates nothing on his own + knowledge; he is a compiler only of the relations of others, and a mere + translator of the opinions of Monsieur de Buffon. I should as soon, + therefore, add the translators of Robertson to the witnesses of this fact, + as himself. Paw, the beginner of this charge, was a compiler from the + works of others; and of the most unlucky description; for he seems to have + read the writings of travellers, only to collect and republish their lies. + It is really remarkable, that in three volumes 12mo, of small print, it is + scarcely possible to find one truth, and yet, that the author should be + able to produce authority for every fact he states, as he says he can. Don + Ulloa’s testimony is of the most respectable. He wrote of what he saw, but + he saw the Indian of South America only, and that, after he had passed + through ten generations of slavery. It is very unfair, from this sample, + to judge of the natural genius of this race of men; and after supposing + that Don Ulloa had not sufficiently calculated the allowance which should + be made for this circumstance, we do him no injury in considering the + picture he draws of the present Indians of South America, as no picture of + what their ancestors were, three hundred years ago. It is in North America + we are to seek their original character. And I am safe in affirming that + the proofs of genius given by the Indians of North America, place them on + a level with whites in the same uncultivated state. The North of Europe + furnishes subjects enough for comparison with them, and for a proof of + their equality. I have seen some thousands myself, and conversed much with + them, and have found in them a masculine, sound understanding. I have had + much information from men who had lived among them, and whose veracity and + good sense were so far known to me, as to establish a reliance on their + information. They have all agreed in bearing witness in favor of the + genius of this a people. As to their bodily strength, their manners + rendering it disgraceful to labor, those muscles employed in labor will be + weaker with them, than with the European laborer; but those which are + exerted in the chase, and those faculties which are employed in the + tracing an enemy or a wild beast, in contriving ambuscades for him, and in + carrying them through their execution, are much stronger than with us, + because they are more exercised. I believe the Indian, then, to be, in + body and mind, equal to the white man. I have supposed the black man, in + his present state, might not be so; but it would be hazardous to affirm, + that, equally cultivated for a few generations, he would not become so. 3. + As to the inferiority of the other animals of America, without more facts, + I can add nothing to what I have said in my Notes. + </p> + <p> + As to the theory of Monsieur de Buffon, that heat is friendly, and + moisture adverse to the production of large animals, I am lately furnished + with a fact by Dr. Franklin, which proves the air of London and of Paris + to be more humid than that of Philadelphia, and so creates a suspicion + that the opinion of the superior humidity of America, may, perhaps, have + been too hastily adopted. And supposing that fact admitted, I think the + physical reasonings urged to show, that in a moist country animals must be + small, and that in a hot one they must be large, are not built on the + basis of experiment. These questions, however, cannot be decided + ultimately, at this day. More facts must be collected, and more time flow + off, before the world will be ripe for decision. In the mean time, doubt + is wisdom. + </p> + <p> + I have been fully sensible of the anxieties of your situation, and that + your attentions were wholly consecrated, where alone they were wholly due, + to the succor of friendship and worth. However much I prize your society, + I wait with patience the moment when I can have it without taking what is + due to another. In the mean time, I am solaced with the hope of possessing + your friendship, and that it is not ungrateful to you to receive the + assurances of that with which I have the honor to be, Dear Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0074" id="link2H_4_0074"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXII.—TO JOHN ADAMS, June 15, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Passy, June 15, 1785. + </p> + <p> + Sir, + </p> + <p> + Among the instructions given to the ministers of the United States for + treating with foreign powers, was one of the 11th of May, 1784, relative + to an individual of the name of John Baptist Picquet. It contains an + acknowledgement, on the part of Congress, of his merits and sufferings by + friendly services rendered to great numbers of American seamen carried + prisoners into Lisbon, and refers to us the delivering him these + acknowledgements in honorable terms, and the making him such + gratification, as may indemnify his losses, and properly reward his zeal. + This person is now is Paris, and asks whatever return is intended for him. + Being in immediate want of money, he has been furnished with ten guineas. + He expressed, desires of some appointment either for himself or son at + Lisbon, but has been told that none such are in our gift, and that nothing + more could be done for him in that line, than to mention to Congress that + his services will merit their recollection, if they should make any + appointment there analogous to his talents. He says his expenses in the + relief of our prisoners have been upwards of fifty moidores. Supposing + that, as he is poor, a pecuniary gratification will be most useful to him, + we propose, in addition to what he has received, to give him a hundred and + fifty guineas, or perhaps four thousand livres, and to write a joint + letter to him expressing the sense Congress entertain of his services. We + pray you to give us your sentiments on this subject by return of the first + post, as he is waiting here, and we wish the aid of your counsels therein. + </p> + <p> + We are to acknowledge the receipt of your letter of June 3rd, informing us + of your reception at the court of London. + </p> + <p> + I am, with sentiments of great respect and esteem, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0075" id="link2H_4_0075"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXIII.—TO THE GOVERNOR OF VIRGINIA, June 16, 1785 + </h2> + <p> + TO THE GOVERNOR OF VIRGINIA. + </p> + <p> + Paris, + </p> + <p> + June 16, 1785. + </p> + <p> + Sir, + </p> + <p> + I had the honor of receiving, the day before yesterday, the resolution of + Council, of March the 10th, and your letter of March the 30th, and shall, + with great pleasure, unite my endeavors with those of the Marquis de la + Fayette and Mr. Barclay, for the purpose of procuring the arms desired. + Nothing can be more wise than this determination to arm our people, as it + is impossible to say when our neighbors may think proper to give them + exercise. I suppose that the establishing a manufacture of arms, to go + hand in hand with the purchase of them from hence, is at present opposed + by good reasons. This alone would make us independent for an article + essential to our preservation; and workmen could probably be either got + here, or drawn from England, to be embarked hence. + </p> + <p> + In a letter of January the 12th, to Governor Harrison, I informed him of + the necessity that the statuary should see General Washington; that we + should accordingly send him over unless the Executive disapproved of it, + in which case I prayed to receive their pleasure. Mr. Houdon being new + re-established in his health, and no countermand received, I hope this + measure met the approbation of the Executive: Mr. Houdon will therefore go + over with Dr. Franklin, some time in the next month. + </p> + <p> + I have the honor of enclosing you the substance of propositions which have + been made from London to the Farmers General of this country, to furnish + them with the tobacco of Virginia and Maryland, which propositions were + procured for me by the Marquis de la Fayette. I take the liberty of + troubling you with them, on a supposition that it may be possible to have + this article furnished from those two States to this country, immediately, + without its passing through the <i>entrepot</i> of London, and the returns + for it being made, of course, in London merchandise. Twenty thousand + hogsheads of tobacco a year, delivered here in exchange for the produce + and manufactures of this country, many of which are as good, some better, + and most of them cheaper than in England, would establish a rivalship for + our commerce, which would have happy effects in all the three countries. + Whether this end will be best effected by giving out these propositions to + our merchants, and exciting them to become candidates with the Farmers + General for this contract, or by any other means, your Excellency will + best judge on the spot. + </p> + <p> + I have the honor to be, with sentiments of due respect, your Excellency’s + most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P.S. I have written on the last subject to the Governor of Maryland also. + </p> + <p> + <a name="link2H_4_0076" id="link2H_4_0076"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXIV.—TO COLONEL MONROE, June 17, 1785 + </h2> + <p> + TO COLONEL MONROE. + </p> + <p> + Paris, June 17, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I received three days ago your favor of April the 12th. You therein speak + of a former letter to me, but it has not come to hand, nor any other of + later date than the 14th of December. My last to you was of the 11th of + May, by Mr. Adams, who went in the packet of that month. These conveyances + are now becoming deranged. We have had expectations of their coming to + Havre, which would infinitely facilitate the communication between Paris + and Congress; but their deliberations on the subject seem to be taking + another turn. They complain of the expense, and that their commerce with + us is too small to justify it. They therefore talk of sending a packet + every six weeks only. The present one, therefore, which should have sailed + about this time, will not sail till the 1st of July. However, the whole + matter is as yet undecided. I have hopes that when Mr. St. John arrives + from New York, he will get them replaced on their monthly system. By the + bye, what is the meaning of a very angry resolution of Congress on his + subject? I have it not by me, and therefore cannot cite it by date, but + you will remember it, and oblige me by explaining its foundation. This + will be handed you by Mr. Otto, who comes to America as Charge, des + Affaires, in the room of Mr. Marbois, promoted to the Intendancy of + Hispaniola, which office is next to that of Governor. He becomes the head + of the civil, as the Governor is of the military department. + </p> + <p> + I am much pleased with Otto’s appointment; he is good-humored, + affectionate to America, will see things in a friendly light when they + admit of it, in a rational one always, and will not pique himself on + writing every trifling circumstance of irritation to his court. I wish you + to be acquainted with him, as a friendly intercourse between individuals + who do business together, produces a mutual spirit of accommodation useful + to both parties. It is very much our interest to keep up the affection of + this country for us, which is considerable. A court has no affections; but + those of the people whom they govern, influence their decisions even in + the most arbitrary governments. + </p> + <p> + The negotiations between the Emperor and Dutch are spun out to an amazing + length. At present there is no apprehension but that they will terminate + in peace. This court seems to press it with ardor, and the Dutch are + averse, considering the terms cruel and unjust, as they evidently are. The + present delays, therefore, are imputed to their coldness and to their + forms. In the mean time, the Turk is delaying the demarcation of limits + between him and the Emperor, is making the most vigorous preparations for + war, and has composed his ministry of warlike characters, deemed + personally hostile, to the Emperor. Thus time seems to be spinning out, + both by the Dutch and Turks, and time is wanting for France. Every year’s + delay is a great thing for her. It is not impossible, therefore, but that + she may secretly encourage the delays of the Dutch, and hasten the + preparations of the Porte, while she is recovering vigor herself also, in + order to be able to present such a combination to the Emperor as may + dictate to him to be quiet. But the designs of these courts are + unsearchable. It is our interest to pray that this country may have no + continental war, till our peace with England is perfectly settled. The. + merchants of this country continue as loud and furious as ever against the + <i>Arrêt</i> of August, 1784, permitting our commerce with their islands + to a certain degree. Many of them have actually abandoned their trade. The + ministry are disposed to be firm; but there is a point at which they will + give way: that is, if the clamors should become such as to endanger their + places. It is evident that nothing can be done by us, at this time, if we + may hope it hereafter. I like your removal to New York, and hope Congress + will continue there, and never execute the idea of building their Federal + town. Before it could be finished, a change of members in Congress, or the + admission of new States, would remove them some where else. It is evident + that when a sufficient number of the western states come in, they will + remove it to Georgetown. In the mean time, it is our interest that it + should remain where it is, and give no new pretensions to any other place. + I am also much pleased with the proposition to the States to invest + Congress with the regulation of their trade, reserving its revenue to the + States. I think it a happy idea, removing the only objection which could + have been justly made to the proposition. The time too is the present, + before the admission of the western States. I am very differently affected + towards the new plan of opening our land office, by dividing the lands + among the States, and selling them at vendue. It separates still more the + interests of the States, which ought to be made joint in every possible + instance, in order to cultivate the idea of our being one nation, and to + multiply the instances in which the people should look up to Congress as + their head. And when the States get their portions they will either fool + them away, or make a job of it to serve individuals. Proofs of both these + practices have been furnished, and by either of them that invaluable fund + is lost, which ought to pay our public debt. To sell them at vendue, is to + give them to the bidders of the day, be they many or few. It is ripping up + the hen which lays golden eggs. If sold in lots at a fixed price, as first + proposed, the best lots will be sold first; as these become occupied, it + gives a value to the interjacent ones, and raises them, though of inferior + quality, to the price of the first. I send you by Mr. Otto, a copy of my + book. Be so good as to apologize to Mr. Thomson for my not sending him one + by this conveyance. I could not burthen Mr. Otto with more, on so long a + road as that from here to L’Orient. I will send him one by a Mr. Williams, + who will go ere long. I have taken measures to prevent its publication. My + reason is, that I fear the terms in which I speak of slavery, and of our + constitution, may produce an irritation which will revolt the minds of our + countrymen against reformation in these two articles, and thus do more + harm than good. I have asked of Mr. Madison to sound this matter as far as + he can, and if he thinks it will not produce that effect, I have then + copies enough printed to give one to each of the young men at the College, + and to my friends in the country. + </p> + <p> + I am sorry to see a possibility of * * being put into the Treasury. He has + no talents for the office, and what he has, will be employed in rummaging + old accounts to involve you in eternal war with * *, and he will, in a + short time, introduce such dissensions into the commission, as to break it + up. If he goes on the other appointment to Kaskaskia, he will produce a + revolt of that settlement from the United States. I thank you for your + attention to my outfit. For the articles of household furniture, clothes, + and a carriage, I have already paid twenty-eight thousand livres, and have + still more to pay. For the greatest part of this, I have been obliged to + anticipate my salary, from which, however, I shall never be able to repay + it. I find, that by a rigid economy, bordering however on meanness, I can + save perhaps, five hundred livres a month, at least in the summer. The + residue goes for expenses so much of course and of necessity, that I + cannot avoid them without abandoning all respect to my public character. + Yet I will pray you to touch this string, which I know to be a tender one + with Congress, with the utmost delicacy. I had rather be ruined in my + fortune, than in their esteem. If they allow me half a year’s salary as an + outfit, I can get through my debts in time. If they raise the salary to + what it was, or even pay our house rent and taxes, I can live with more + decency. I trust that Mr. Adams’s house at the Hague, and Dr. Franklin’s + at Passy,—the rent of which has been always allowed him, will give + just expectations of the same allowance to me. Mr. Jay, however, did not + charge it, but he lived economically and laid up money. + </p> + <p> + I will take the liberty of hazarding to you some thoughts on the policy of + entering into treaties with the European nations, and the nature of them. + I am not wedded to these ideas, and, therefore, shall relinquish them + cheerfully when Congress shall adopt others, and zealously endeavor to + carry theirs into effect. First, as to the policy of making treaties. + Congress, by the Confederation, have no original and inherent power over + the commerce of the States. But by the 9th article, they are authorized to + enter into treaties of commerce. The moment these treaties are concluded, + the jurisdiction of Congress over the commerce of the States, springs into + existence, and that of the particular States is superseded so far as the + articles of the treaty may have taken up the subject. There are two + restrictions only, on the exercise of the power of treaty by Congress. + 1st. That they shall not, by such treaty, restrain the legislatures of the + States from imposing such duties on foreigners, as their own people are + subject to: nor 2ndly, from prohibiting the exportation or importation of + any particular species of goods. Leaving these two points free, Congress + may, by treaty, establish any system of commerce they please; but, as I + before observed, it is by treaty alone they can do it. Though they may + exercise their other powers by resolution or ordinance, those over + commerce can only be exercised by forming a treaty, and this, probably, by + an accidental wording of our Confederation. If, therefore, it is better + for the States that Congress should regulate their commerce, it is proper + that they should form treaties with all nations with whom we may possibly + trade. You see that my primary object in the formation of treaties, is to + take the commerce of the States out of the hands of the States, and to + place it under the superintendence of Congress, so far as the imperfect + provisions of our constitution will admit, and until the States shall, by + new compact, make them more perfect. I would say then to every nation on + earth, by treaty, your people shall trade freely with us, and ours with + you, paying no more than the most favored nation in order to put an end to + the right of individual States, acting by fits and starts, to interrupt + our commerce or to embroil us with any nation. As to the terms of these + treaties, the question becomes more difficult. I will mention three + different plans. 1. That no duties shall be laid by either party on the + productions of the other. 2. That each may be permitted to equalize their + duties to those laid by the other. 3. That each shall pay in the ports of + the other, such duties only as the most favored nations pay. + </p> + <p> + 1. Were the nations of Europe as free and unembarrassed of established + systems as we are, I do verily believe they would concur with us in the + first plan. But it is impossible. These establishments are fixed upon + them; they are interwoven with the body of their laws and the organization + of their government, and they make a great part of their revenue; they + cannot then get rid of them. + </p> + <p> + 2. The plan of equal imposts presents difficulties insurmountable. For how + are the equal imposts to be effected? Is it by laying in the ports of A, + an equal per cent, on the goods of B, with that which B has laid in his + ports on the goods of A? But how are we to find what is that per cent.? + For this is not the usual form of imposts. They generally pay by the-ton, + by the measure, by the weight, and not by the value. Besides, if A sends a + million’s worth of goods to B, and takes back but the half of that, and + each pays the same per cent., it is evident that A pays the double of what + he recovers in the same way from B: this would be our case with Spain. + Shall we endeavor to effect equality, then, by saying A may levy so much + on the sum of B’s importations into his ports, as B does on the sum of A’s + importations into the ports of B.? But how find out that sum? Will either + party lay open their custom-house books candidly to evince this sum? Does + either keep their books so exactly as to be able to do it? This + proposition was started in Congress when our instructions were formed, as + you may remember, and the impossibility of executing it occasioned it to + be disapproved. Besides, who should have a right of deciding when the + imposts were equal. A would say to B, My imposts do not raise so much as + yours; I raise them therefore. B would then say, You have made them + greater than mine, I will raise mine; and thus a kind of auction would be + carried on between them, and a mutual irritation, which would end in any + thing, sooner than equality and right. + </p> + <p> + 3. I confess then to you, that I see no alternative left but that which + Congress adopted, of each party placing the other on the footing of the + most favored nation. If the nations of Europe, from their actual + establishments, are not at liberty to say to America, that she shall trade + in their ports duty free, they may say she may trade there paying no + higher duties than the most favored nation; and this is valuable in many + of these countries, where a very great difference is made between + different nations. There is no difficulty in the execution of this + contract, because there is not a merchant who does not know, or may not + know, the duty paid by every nation on every article. This stipulation + leaves each party at liberty to regulate their own commerce by general + rules, while it secures the other from partial and oppressive + discriminations. The difficulty which arises in our case is with the + nations having American territory. Access to the West Indies is + indispensably necessary to us. Yet how to gain it when it is the + established system of these nations to exclude all foreigners from their + colonies? The only chance seems to be this: our commerce to the mother + countries is valuable to them. We must indeavor, then, to make this the + price of an admission into their West Indies, and to those who refuse the + admission, we must refuse our commerce, or load theirs by odious + discriminations in our ports. We have this circumstance in our favor too, + that what one grants us in their islands, the others will not find it + worth their while to refuse. The misfortune is, that with this country we + gave this price for their aid in the war, and we have now nothing more to + offer. She being withdrawn from the competition, leaves Great Britain much + more at liberty to hold out against us. This is the difficult part of the + business of treaty, and I own it does not hold out the most flattering + prospects. + </p> + <p> + I wish you would consider this subject, and write me your thoughts on it. + Mr. Gerry wrote me on the same subject. Will you give me leave to impose + on you the trouble of communicating this to him? It is long, and will save + me much labor in copying. I hope he will be so indulgent as to consider it + as an answer to that part of his letter, and will give me his further + thoughts on it. Shall I send you so much of the <i>Encyclopédie</i> as is + already published, or reserve it here till you come? It is about forty + volumes which is probably about half the work. Give yourself no uneasiness + about the money; perhaps I may find it convenient to ask you to pay + trifles occasionally for me in America. I sincerely wish you may find it + convenient to come here; the pleasure of the trip will be less than you + expect, but the utility greater. It will make you adore your own country, + its soil, its climate, its equality, liberty, laws, people, and manners. + My God! how little do my countrymen know what precious blessings they are + in possession of, and which no other people on earth enjoy. I confess I + had no idea of it myself. While we shall see multiplied instances of + Europeans going to live in America, I will venture to say no man now + living, will ever see an instance of an American removing to settle in + Europe, and continuing there. Come then and see the proofs of this, and on + your return add your testimony to that of every thinking American, in + order to satisfy our countrymen how much it is their interest to preserve, + uninfected by contagion, those peculiarities in their governments and + manners, to which they are indebted for those blessings. Adieu, my dear + friend; present me affectionately to your colleagues. If any of them think + me worth writing to, they may be assured that in the epistolary account I + will keep the debit side against them. Once more, adieu. + </p> + <p> + Yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + P.S. June 19. Since writing the above we have received the following + account: Monsieur Pilatre de Roziere, who had been waiting for some months + at Boulogne for a fair wind to cross the channel, at length took his + ascent with a companion. The wind changed after a while, and brought him + back on the French coast. Being at a height of about six thousand feet, + some accident happened to his balloon of inflammable air; it burst, they + fell from that height, and were crushed to atoms. There was a montgolfier + combined with the balloon of inflammable air. It is suspected the heat of + the montgolfier rarefied too much the inflammable air of the other, and + occasioned it to burst. The montgolfier came down in good order. + </p> + <p> + T.J. <a name="link2H_4_0077" id="link2H_4_0077"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXV.—TO CHARLES THOMSON, June 21, 1785 + </h2> + <p> + TO CHARLES THOMSON. + </p> + <p> + Paris, June 21, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of March the 6th has come duly to hand. You therein acknowledge + the receipt of mine of November the 11th; at that time you could not have + received my last, of February the 8th. At present there is so little new + in politics, literature, or the arts, that I write rather to prove to you + my desire of nourishing your correspondence than of being able to give you + any thing interesting at this time. The political world is almost lulled + to sleep by the lethargic state of the Dutch negotiation, which will + probably end in peace. Nor does this court profess to apprehend, that the + Emperor will involve this hemisphere in war by his schemes on Bavaria and + Turkey. The arts, instead of advancing, have lately received a check, + which will probably render stationary for a while, that branch of them + which had promised to elevate us to the skies. Pilatre de Roziere, who had + first ventured into that region, has fallen a sacrifice to it. In an + attempt to pass from Boulogne over to England, a change in the wind having + brought him back on the coast of France, some accident happened to his + balloon of inflammable air, which occasioned it to burst, and that of + rarefied air combined with it being then unequal to the weight, they fell + to the earth from a height, which the first reports made six thousand + feet, but later ones have reduced to sixteen hundred. Pilatre de Roziere + was dead when a peasant, distant one hundred yards only, run to him; but + Romain, his companion, lived about ten minutes, though speechless, and + without his senses. In literature there is nothing new. For I do not + consider as having added any thing to that field, my own Notes, of which I + have had a few copies printed. I will send you a copy by the first safe + conveyance. Having troubled Mr. Otto with one for Colonel Monroe, I could + not charge him with one for you. Pray ask the favor of Colonel Monroe, in + page 5, line 17, to strike out the words ‘above the mouth of Appamatox,’ + which make nonsense of the passage; and I forgot to correct it before I + had enclosed and sent off the copy to him. I am desirous of preventing the + reprinting this, should any book-merchant think it worth it, till I hear + from my friends, whether the terms in which I have spoken of slavery and + the constitution of our State, will not, by producing an irritation, + retard that reformation which I wish, instead of promoting it. Dr. + Franklin proposes to sail for America about the first or second week of + July. He does not yet know, however, by what conveyance he can go. Unable + to travel by land, he must descend the Seine in a boat to Havre. He has + sent to England to get some vessel bound for Philadelphia, to touch at + Havre for him. But he receives information that this cannot be done. He + has been on the lookout ever since he received his permission to return; + but, as yet, no possible means of getting a passage have offered, and I + fear it is very uncertain when any will offer. I am with very great + esteem, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0078" id="link2H_4_0078"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXVI.—TO WILLIAM CARMICHAEL, June 22, 1785 + </h2> + <p> + TO WILLIAM CARMICHAEL. + </p> + <p> + Paris, June 22, 1785. + </p> + <p> + Sir, + </p> + <p> + Your letter of April the 4th came to my hands on the 16th of that month, + and was acknowledged by mine of May the 3rd. That which you did me the + honor to write me on the 5th of April, never came to hand until the 19th + of May, upwards of a month after the one of the day before. I have hopes + of sending the present by a Mr. Jarvis, who went from hence to Holland + some time ago. About this date, I suppose him to be at Brussels, and that + from thence he will inform me, whether, in his way to Madrid, he will pass + by this place. If he does, this shall be accompanied by a cipher for our + future use; if he does not, I must still await a safe opportunity. Mr. + Jarvis is a citizen of the United States from New-York, a gentleman of + intelligence, in the mercantile line, from whom you will be able to get + considerable information of American affairs. I think he left America in + January. He informed us that Congress were about to appoint a Mr. Lambe, + of Connecticut, their consul to Morocco, and to send him to their + ministers, commissioned to treat with the Barbary powers, for + instructions. Since that, Mr. Jay enclosed to Mr. Adams, in London, a + resolution of Congress deciding definitively on amicable treaties with the + Barbary States, in the usual way, and informing him that he had sent a + letter and instructions to us, by Mr. Lambe. Though it is near three weeks + since we received a communication of this from Mr. Adams, yet we hear + nothing further of Mr. Lambe. Our powers of treating with the Barbary + States are full, but in the amount of the expense we are limited. I + believe you may safely assure them, that they will soon receive + propositions from us, if you find such an assurance necessary to keep them + quiet. Turning at this instant to your letter dated April 5th, and + considering it attentively, I am persuaded it must have been written on + the 5th of May: of this little mistake I ought to have been sooner + sensible. Our latest letters from America are of the middle of April, and + are extremely barren of news. Congress had not yet proposed a time for + their recess, though it was thought a recess would take place. Mr. Morris + had retired, and the treasury was actually administered by commissioners. + Their land-office was not yet opened. The settlements at Kaskaskia, within + the territory ceded to them by Virginia, had prayed the establishment of a + regular government, and they were about sending a commissioner to them. + General Knox was appointed their secretary of the war-office. These, I + think, are the only facts we have learned which are worth communicating to + you. The inhabitants of Canada have sent a sensible petition to their + King, praying the establishment of an Assembly, the benefits of the <i>habeas + corpus</i> laws, and other privileges of British subjects. The + establishment of an Assembly is denied, but most of their other desires + granted. We are now in hourly expectation of the arrival of the packet + which should have sailed from New York in May. Perhaps that may bring us + matter which may furnish the subject of a more interesting letter. + </p> + <p> + In the mean time, I have the honor to be, with the highest respect, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P.S. July 14. I have thus long waited, day after day, hoping to hear from + Mr. Jarvis, that I might send a cipher with this: but now give up the + hope. No news yet of Mr. Lambe. The packet has arrived, but brings no + intelligence, except that it is doubtful whether Congress will adjourn + this summer. The Assembly of Pennsylvania propose to suppress their bank + on principles of policy. T.J. + </p> + <p> + <a name="link2H_4_0079" id="link2H_4_0079"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXVII.—TO JOHN ADAMS, June 23, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, June 23, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you was of the 2nd instant, since which I have received yours + of the 3rd and 7th. I informed you in mine of the substance of our letter + to Baron Thulemeyer: last night came to hand his acknowledgment of the + receipt of it. He accedes to the method proposed for signing, and has + forwarded our despatch to the King. I enclose you a copy of our letter to + Mr. Jay, to go by the packet of this month. It contains a statement of our + proceedings since the preceding letter, which you had signed with us. This + statement contains nothing but what you had concurred with us in; and, as + Dr. Franklin expects to go early in July to America, it is probable that + the future letters must be written by you and myself. I shall therefore + take care that you be furnished with copies of every thing which comes to + hand on the joint business. + </p> + <p> + What is become of this Mr. Lambe? I am uneasy at the delay of that + business, since we know the ultimate decision of Congress. Dr. Franklin, + having a copy of the <i>Corps Diplomatique</i>, has promised to prepare a + draught of a treaty to be offered to the Barbary States: as soon as he has + done so, we will send it to you for your corrections. We think it will be + best to have it in readiness against the arrival of Mr. Lambe, on the + supposition that he may be addressed to the joint ministers for + instructions. + </p> + <p> + I asked the favor of you in my last, to choose two of the best London + papers for me; one of each party. The Duke of Dorset has given me leave to + have them put under his address, and sent to the office from which his + despatches come. I think he called it Cleveland office, or Cleveland lane, + or by some such name; however, I suppose it can easily be known there. + Will Mr. Stockdale undertake to have these papers sent regularly, or is + this out of the line of his business? Pray order me also any really good + pamphlets that come out from time to time, which he will charge to me. + </p> + <p> + I am, with great esteem, dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0080" id="link2H_4_0080"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXVIII.—TO COLONEL MONROE, July 5, 1785 + </h2> + <p> + TO COLONEL MONROE. + </p> + <p> + Paris, July 5, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you, by Mr. Adams, May the 11th, and by Mr. Otto, June the 17th. + The latter acknowledged the receipt of yours of April the 12th, which is + the only one come to hand of later date than December the 14th. Little has + occurred since my last. Peace seems to show herself under a more decided + form. The Emperor is now on a journey to Italy, and the two Dutch + Plenipotentiaries have set out for Vienna; there to make an apology for + their State having dared to fire a gun in defence of her invaded rights: + this is insisted on as a preliminary condition. The Emperor seems to + prefer the glory of terror to that of justice; and, to satisfy this tinsel + passion, plants a dagger in the heart of every Dutchman which no time will + extract. I inquired lately of a gentleman who lived long at + Constantinople, in a public character, and enjoyed the confidence of that + government, insomuch, as to become well acquainted with its spirit and its + powers, what he thought might be the issue of the present affair between + the Emperor and the Porte. He thinks the latter will not push matters to a + war; and, if they do, they must fail under it. They have lost their + warlike spirit, and their troops cannot be induced to adopt the European + arms. We have no news yet of Mr. Lambe; of course our Barbary proceedings + are still at a stand.* + </p> + <p> + [* The remainder of this letter is in cipher, to which there is no key in + the Editor’s possession.] + </p> + <p> + Yours affectionately, + </p> + <p> + Th: Jefferson + </p> + <p> + <a name="link2H_4_0081" id="link2H_4_0081"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXIX.—TO MRS. SPROWLE, July 5,1785 + </h2> + <p> + TO MRS. SPROWLE. + </p> + <p> + Paris, July 5,1785. + </p> + <p> + Madam, + </p> + <p> + Your letter of the 21st of June, has come safely to hand. That which you + had done me the honor of writing before, has not yet been received. It + having gone by Dr. Witherspoon to America, which I had left before his + return to it, the delay is easily accounted for. + </p> + <p> + I wish you may be rightly informed that the property of Mr. Sprowle is yet + unsold. It was advertised so long ago, as to found a presumption that the + sale has taken place. In any event, you may safely go to Virginia. It is + in the London newspapers only, that exist those mobs and riots, which are + fabricated to deter strangers from going to America. Your person will be + sacredly safe, and free from insult. You can best judge from the character + and qualities of your son, whether he may be an useful co-adjutor to you + there. I suppose him to have taken side with the British, before our + Declaration of Independence; and, if this was the case, I respect the + candor of the measure, though I do not its wisdom. A right to take the + side which every man’s conscience approves in a civil contest, is too + precious a right, and too favorable to the preservation of liberty, not to + be protected by all its well informed friends. The Assembly of Virginia + have given sanction to this right in several of their laws, discriminating + honorably those who took side against us before the Declaration of + Independence, from those who remained among us, and strove to injure us by + their treacheries. I sincerely wish that you, and every other to whom this + distinction applies favorably, may find, in the Assembly of Virginia, the + good effects of that justice and generosity, which have dictated to them + this discrimination. It is a sentiment which will gain strength in their + breasts, in proportion as they can forget the savage cruelties committed + on them, and will, I hope, in the end, reduce them to restore the property + itself, wherever it is unsold, and the price received for it, where it has + been actually sold. + </p> + <p> + I am, Madam, + </p> + <p> + your very humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0082" id="link2H_4_0082"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXX.—TO JOHN ADAMS, July 7, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, July 7, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + This will accompany a joint letter enclosing the draft of a treaty? and my + private letter of June 23rd, which has waited so long for a private + conveyance. We daily expect from the Baron Thulemeyer the French column + for our treaty with his sovereign. In the mean while, two copies are + preparing with the English column, which Dr. Franklin wishes to sign + before his departure, which will be within four or five days. The French, + when received, will be inserted in the blank columns of each copy. As the + measure of signing at separate times and places is new, we think it + necessary to omit no other circumstance of ceremony which can be observed. + That of sending it by a person of confidence, and invested with a + character relative to the object, who shall attest our signature, yours in + London, and Baron Thulemeyer’s at the Hague, and who shall make the actual + exchanges, we think will contribute to supply the departure from the + original form, in other instances. For this reason, we have agreed to send + Mr. Short on this business, to make him a secretary <i>pro hac vice</i>, + and to join Mr. Dumas for the operations of exchange, &c. As Dr. + Franklin will have left us before Mr. Short’s mission will commence, and I + have never been concerned in the ceremonials of a treaty, I will thank you + for your immediate information as to the papers he should be furnished + with from hence. He will repair first to you in London, thence to the + Hague, and then return to Paris. + </p> + <p> + What has become of Mr. Lambe? Supposing he was to call on the + commissioners for instructions, and thinking it best these should be in + readiness, Dr. Franklin undertook to consult well the Barbary treaties + with other nations, and to prepare a sketch which we should have sent for + your correction. He tells me he has consulted those treaties, and made + references to the articles proper for us, which, however, he will not have + time to put into form, but will leave them with me to reduce. As soon as I + see them, you shall hear from me. A late conversation with an English + gentleman here, makes me believe, what I did not believe before; that his + nation thinks seriously that Congress have no power to form a treaty of + commerce. As the explanations of this matter, which you and I may + separately give, may be handed to their minister, it would be well that + they should agree. For this reason, as well as for the hope of your + showing me wherein I am wrong, and confirming me where I am right, I will + give you my creed on the subject. It is contained in these four + principles. By the Confederation, Congress have no power given them, in + the first instance, over the commerce of the States. But they have a power + given them of entering into treaties of commerce, and these treaties may + cover the whole field of commerce, with two restrictions only. 1. That the + States may impose equal duties on foreigners as natives: and 2. That they + may prohibit the exportation or importation of any species of goods + whatsoever. When they shall have entered into such treaty, the + superintendence of it results to them; all the operations of commerce, + which are protected by its stipulations, come under their jurisdiction, + and the power of the States to thwart them by their separate acts, ceases. + If Great Britain asks, then, why she should enter into treaty with us? why + not carry on her commerce without treaty? I answer; because till a treaty + is made, no consul of hers can be received (his functions being called + into existence by a convention only, and the States having abandoned the + right of separate agreements and treaties); no protection to her commerce + can be given by Congress; no cover to it from those checks and + discouragements, with which the States will oppress it, acting separately, + and by fits and starts. That they will act so till a treaty is made, Great + Britain has had several proofs; and I am convinced those proofs will + become general. It is then to put her commerce with us on systematical + ground, and under safe cover, that it behoves Great Britain to enter into + treaty. And I own to you, that my wish to enter into treaties with the + other powers of Europe, arises more from a desire of bringing all our + commerce under the jurisdiction of Congress, than from any other views. + Because, according to my idea, the commerce of the United States with + those countries not under treaty with us, is under the jurisdiction of + each State separately; but that of the countries which have treated with + us, is under the jurisdiction of Congress, with the two fundamental + restraints only, which I have before noted. + </p> + <p> + I shall be happy to receive your corrections of these ideas, as I have + found, in the course of our joint services, that I think right when I + think with you. + </p> + <p> + I am, with sincere affection, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P.S. Monsieur Houdon has agreed to go to America to take the figure of + General Washington. In the case of his death, between his departure from + Paris and his return to it, we may lose twenty thousand livres. I ask the + favor of you to inquire what it will cost to ensure that sum on his life, + in London, and to give me as early an answer as possible, that I may order + the ensurance, if I think the terms easy enough. He is, I believe, between + thirty and thirty-five years of age, healthy enough, and will be absent + about six months. T.J. + </p> + <p> + <a name="link2H_4_0083" id="link2H_4_0083"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXI.—TO GENERAL WASHINGTON, July 10, 1785 + </h2> + <p> + TO GENERAL WASHINGTON. + </p> + <p> + Paris, July 10, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Mr. Houdon would much sooner have had the honor of attending you, but for + a spell of sickness, which long induced us to despair of his recovery, and + from which he is but recently recovered. He comes now, for the purpose of + lending the aid of his art to transmit you to posterity. He is without + rivalship in it, being employed from all parts of Europe in whatever is + capital. He has had a difficulty to withdraw himself from an order of the + Empress of Russia; a difficulty, however, that arose from a desire to show + her respect, but which never gave him a moment’s hesitation about his + present voyage, which he considers as promising the brightest chapter of + his history. I have spoken of him as an artist only; but I can assure you + also, that, as a man, he is disinterested, generous, candid, and panting + after glory: in every circumstance meriting your good opinion. He will + have need to see you much while he shall have the honor of being with you; + which you can the more freely admit, as his eminence and merit give him + admission into genteel societies here. He will need an interpreter. I + suppose you could procure some person from Alexandria, who might be + agreeable to yourself, to perform this office. He brings with him one or + two subordinate workmen, who of course will associate with their own class + only. + </p> + <p> + On receiving the favor of your letter of February the 25th, I communicated + the plan for clearing the Potomac, with the act of Assembly, and an + explanation of its probable advantages, to Mr. Grand, whose acquaintance + and connection with the monied men here, enabled him best to try its + success. He has done so; but to no end. I enclose you his letter. I am + pleased to hear in the mean time, that the subscriptions are likely to be + filled up at home. This is infinitely better, and will render the + proceedings of the company much more harmonious. I place an immense + importance to my own country, on this channel of connection with the new + western States. I shall continue uneasy till I know that Virginia has + assumed her ultimate boundary to the westward. The late example of the + State of Franklin separating from North Carolina, increases my anxieties + for Virginia. + </p> + <p> + The confidence you are so good as to place in me, on the subject of the + interest lately given you by Virginia in the Potomac company, is very + flattering to me. But it is distressing also, inasmuch as, to deserve it, + it obliges me to give my whole opinion. My wishes to see you made + perfectly easy, by receiving, those just returns of gratitude from our + country to which you are entitled, would induce me to be contented with + saying, what is a certain truth, that the world would be pleased with + seeing them heaped on you, and would consider your receiving them as no + derogation from your reputation. But I must own that the declining them + will add to that reputation, as it will show that your motives have been + pure and without any alloy. This testimony, however, is not wanting either + to those who know you, or who do not. I must therefore repeat, that I + think the receiving them will not, in the least, lessen the respect of the + world, if from any circumstances they would be convenient to you. The + candor of my communication will find its justification, I know, with you. + </p> + <p> + A tolerable certainty of peace leaves little interesting in the way of + intelligence. Holland and the emperor will be quiet. If any thing is + brewing, it is between the latter and the Porte. Nothing in prospect as + yet from England. We shall bring them, however, to a decision, now that + Mr. Adams is received there. I wish much to hear that the canal through + the Dismal Swamp is resumed. + </p> + <p> + I have the honor to be, with the highest respect and esteem, + </p> + <p> + Dear Sir, your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0084" id="link2H_4_0084"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXII.—TO THE GOVERNOR OF VIRGINIA, July 11, 1785 + </h2> + <p> + TO THE GOVERNOR OF VIRGINIA. + </p> + <p> + Paris, July 11, 1785. + </p> + <p> + Sir, + </p> + <p> + Mr. Houdon’s long and desperate illness has retarded, till now, his + departure for Virginia. We had hoped, from our first conversations with + him, that it would be easy to make our terms, and that the cost of the + statue and expense of sending him, would be but about a thousand guineas. + But when we came to settle this precisely, he thought himself obliged to + ask vastly more insomuch, that, at one moment, we thought our treaty at an + end. But unwilling to commit such a work to an inferior hand, we made nim + an ultimate proposition on our part. He was as much mortified at the + prospect of not being the executor of such a work, as we were, not to have + it done by such a hand. He therefore acceded to our terms; though we are + satisfied he will be a considerable loser. We were led to insist on them, + because, in a former letter to the Governor, I had given the hope we + entertained of bringing the whole within one thousand guineas. The terms + are twenty-five thousand livres, or one thousand English guineas (the + English guinea being worth twenty-five livres) for the statue and + pedestal. Besides this, we pay his expenses going and returning, which we + expect will be between four and five thousand livres: and if he dies on + the voyage, we pay his family ten thousand livres. This latter proposition + was disagreeable to us; but he has a father, mother, and sisters, who have + no resource but in his labor: and he is himself one of the best men in the + world. He therefore made it a <i>sine qua non</i>, without which all would + have been off. We have reconciled it to ourselves, by determining to get + insurance on his life made in London, which we expect can be done for five + per cent.; so that it becomes an additional sum of five hundred livres. I + have written to Mr. Adams to know, for what per cent, the insurance can be + had. I enclose you, for a more particular detail, a copy of the agreement. + Dr. Franklin, being on his departure, did not become a party to the + instrument, though it has been concluded with his approbation. He was + disposed to give two hundred and fifty guineas more, which would have + split the difference between the actual terms and Mr Houdon’s demand. I + wish the State, at the conclusion of the work, may agree to give him this + much more; because I am persuaded he will be a loser, which I am sure + their generosity would not wish. But I have not given him the smallest + expectation of it, choosing the proposition should come from the State, + which will be more honorable. You will perceive by the agreement, that I + pay him immediately 8333 1/3 livres, which is to be employed in getting + the marble in Italy, its transportation, he. The package and + transportation of his stucco to make the moulds, will be about five + hundred livres. I shall furnish him with money for his expenses in France, + and I have authorized Dr. Franklin, when he arrives in Philadelphia, to + draw on me for money for his other expenses, going, staying, and + returning. These drafts will have been made probably, and will be on their + way to me, before you receive this, and with the payments made here, will + amount to about five thousand livres more than the amount of the bill + remitted me. Another third, of 8333 1/3 livres, will become due at the end + of the ensuing year. + </p> + <p> + Dr. Franklin leaves Passy this morning. As he travels in a litter, Mr. + Houdon will follow him some days hence, and will embark with him for + Philadelphia. I am in hopes he need not stay in America more than a month. + </p> + <p> + I have the honor to be, with due respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="linkimage-0033" id="linkimage-0033"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page251.jpg" alt="Suggested Packet Project, Page251 " width="100%" /><br /> + </div> + <p> + <a name="linkletter73" id="linkletter73"></a><br /> + </p> + <h2> + LETTER LXXIII.—TO THE PRESIDENT OF CONGRESS, July 12, 1785 + </h2> + <p> + TO THE PRESIDENT OF CONGRESS. + </p> + <p> + (Private.) Paris, July 12, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I was honored, two days ago, with yours of May the 16th, and thank you for + the intelligence it contained, much of which was new to me. It was the + only letter I received by this packet, except one from Mr. Hopkinson, on + philosophical subjects. I generally write about a dozen by every packet, + and receive sometimes one, sometimes two, and sometimes ne’er a one. You + are right in supposing all letters opened which come either through the + French or English channel, unless trusted to a passenger. Yours had + evidently been opened, and I think I never received one through the post + office which had not been. It is generally discoverable by the smokiness + of the wax, and faintness of the re-impression. Once they sent me a letter + open, having forgotten to re-seal it. I should be happy to hear that + Congress thought of establishing packets of their own between New York and + Havre; to send a packet from each port once in two months. The business + might possibly be done by two packets, as will be seen by the following + scheme, wherein we will call the two packets A and B. + </p> + <p> + January, A sails from New York, B from Havre. February. March. B sails + from New York, A from Havre. April. May. A sails from New York, B from + Havre. June. July. B sails from New York, A from Havre. August. September. + A sails from New York, B from Havre. October. November. B sails from New + York, A from Havre. December. + </p> + <p> + I am persuaded that government would gladly arrange this method with us, + and send their packets in the intermediate months, as they are tired of + the expense. We should then have a safe conveyance every two months, and + one for common matters every month. A courier would pass between this and + Havre in twenty-four hours. Could not the surplus of the post office + revenue be applied to this? This establishment would look like the + commencement of a little navy; the only kind of force we ought to possess. + You mention that Congress is on the subject of requisition. No subject is + more interesting to the honor of the States. It is an opinion which + prevails much in Europe, that our government wants authority to draw money + from the States, and that the States want faith to pay their debts. I + shall wish much to hear how far the requisitions on the States are + productive of actual cash. Mr. Grand informed me, the other day, that the + commissioners were dissatisfied with his having paid to this country but + two hundred thousand livres, of the four hundred thousand for which Mr. + Adams drew on Holland; reserving the residue to replace his advances and + furnish current expenses. They observed that these last objects might have + been effected by the residue of the money in Holland, which was lying + dead. Mr. Grand’s observation to me was, that Mr. Adams did not like to + draw for these purposes, that he himself had no authority, and that the + commissioners had not accompanied their complaints with any draft on that + fund; so that the debt still remains unpaid, while the money is lying dead + in Holland. He did not desire me to mention this circumstance; but should + you see the commissioners, it might not be amiss to communicate it to + them, that they may take any measures they please, if they think it proper + to do any thing in it. I am anxious to hear what is done with the States + of Vermont and Franklin. I think that the former is the only innovation on + the system of April 23rd, 1784, which ought ever possibly to be admitted. + If Congress are not firm on that head, our several States will crumble to + atoms by the spirit of establishing every little canton into a separate + State. I hope Virginia will concur in that plan as to her territory south + of the Ohio; and not leave to the western country to withdraw themselves + by force, and become our worst enemies instead of our best friends. + </p> + <p> + I have the honor to be, with sentiments of great respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0085" id="link2H_4_0085"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXIV.—TO THE VIRGINIA DELEGATES IN CONGRESS, July 12,1785 + </h2> + <p> + TO THE VIRGINIA DELEGATES IN CONGRESS. + </p> + <p> + Paris, July 12,1785. + </p> + <p> + Gentlemen, + </p> + <p> + In consequence of the orders of the legislative and executive bodies of + Virginia, I have engaged Monsieur Houdon to make the statue of General + Washington. For this purpose it is necessary for him to see the General. + He therefore goes with Doctor Franklin, and will have the honor of + delivering you this himself. As his journey is at the expense of the + State, according to our contract, I will pray you to favor him with your + patronage and counsels, and to protect him as much as possible, from those + impositions to which strangers are but too much exposed. I have advised + him to proceed in the stages to the General’s. I have also agreed, if he + can see Generals Greene and Gates, whose busts he has a desire to execute, + that he may make a moderate deviation for this purpose, after he has done + with General Washington. + </p> + <p> + But the most important object with him, is to be employed to make General + Washington’s equestrian statue for Congress. Nothing but the expectation + of this, could have engaged him to have undertaken this voyage; as the + pedestrian statue for Virginia will not make it worth the business he + loses by absenting himself. I was therefore obliged to assure him of my + recommendations for this greater work. Having acted in this for the State, + you will, I hope, think yourselves in some measure bound to patronize and + urge his being employed by Congress. I would not have done this myself, + nor asked you to do it, did I not see that it would be better for Congress + to put this business into his hands, than into those of any other person + living, for these reasons: 1. He is, without rivalship, the first statuary + of this age; as a proof of which, he receives orders from every other + country for things intended to be capital. 2. He will have seen General + Washington, have taken his measures in every part, and, of course, + whatever he does of him will have the merit of being original, from which + other workmen can only furnish copies. 3. He is in possession of the + house, the furnaces, and all the apparatus provided for making the statue + of Louis XV. If any other workman be employed, this will all have to be + provided anew, and of course, to be added to the price of the statue; for + no man can ever expect to make two equestrian statues. The addition which + this would be to the price, will much exceed the expectation of any person + who has not seen that apparatus. In truth it is immense. As to the price + of the work, it will be much greater than Congress is probably aware of. I + have inquired somewhat into this circumstance, and find the prices of + those made for two centuries past, have been from one hundred and twenty + thousand guineas, down to sixteen thousand guineas, according to the size. + And as far as I have seen, the smaller they are, the more agreeable. The + smallest yet made, is infinitely above the size of life, and they all + appear outrees and monstrous. That of Louis XV., is probably the best in + the world, and it is the smallest here. Yet it is impossible to find a + point of view, from which it does not appear a monster, unless you go so + far as to lose sight of the features, and finer lineaments of the face and + body. A statue is not made like a mountain, to be seen at a great + distance. To perceive those minuter circumstances which constitute its + beauty, you must be near it, and, in that case, it should be so little + above the size of the life, as to appear actually of that size, from your + point of view. I should not, therefore, fear to propose, that the one + intended by Congress should be considerably smaller than any of those to + be seen here; as I think it will be more beautiful, and also cheaper. I + have troubled you with these observations, as they have been suggested to + me from an actual sight of works of this kind, and I supposed they might + assist you in making up your minds on this subject. In making a contract + with Monsieur Houdon it would not be proper to advance money, but as his + disbursements and labor advance. As it is a work of many years, this will + render the expense insensible. The pedestrian statue of marble, is to take + three years; the equestrian, of course, would take much more. Therefore + the sooner it is begun, the better. + </p> + <p> + I am, with sentiments of the highest respect, Gentlemen, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0086" id="link2H_4_0086"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXV.—TO JOHN JAY, July 12,1785 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, July 12,1785. + </p> + <p> + Sir, + </p> + <p> + My last letter to you was dated the 17th of June. The present serves to + cover some papers put into my hands by Captain Paul Jones. They respect an + ancient matter, which is shortly this. + </p> + <p> + While Captain Jones was hovering on the coast of England, in the year + 1779, a British pilot, John Jackson by name, came on board him, supposing + him to be British. Captain Jones found it convenient to detain him as a + pilot, and, in the action with the Serapis, which ensued, this man lost + his arm. It is thought that this gives him a just claim to the same + allowance with others, who have met with the like misfortune in the + service of the United States. Congress alone being competent to this + application, it is my duty to present the case to their consideration; + which I beg leave to do through you. + </p> + <p> + Dr. Franklin will be able to give you so perfect a state of all + transactions relative to his particular office in France, as well as to + the subjects included in our general commission, that it is unnecessary + for me to enter on them. His departure, with the separate situation of Mr. + Adams and myself, will render it difficult to communicate to you the + future proceedings of the commission, as regularly as they have been + heretofore. We shall do it, however, with all the punctuality practicable, + either separately or jointly, as circumstances may require and admit. + </p> + <p> + I have the honor to be, with sentiments of the highest respect, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0087" id="link2H_4_0087"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXVI.—TO MONSIEUR BRIET, July 13, 1785 + </h2> + <h3> + TO MONSIEUR BRIET. + </h3> + <p> + Paris, July 13, 1785. + </p> + <p> + Sir, + </p> + <p> + I am glad to hear that the Council have ordered restitution of the + merchandise seized at L’Orient, contrary to the freedom of the place. When + a court of justice has taken cognizance of a complaint, and has given + restitution of the principal subject, if it refuses some of the + accessories, we are to presume that some circumstance of evidence appeared + to them, unknown to us, and which rendered its refusal just and proper. + So, in the present case, if any circumstances in the conduct of the owner, + or relative to the merchandise itself, gave probable grounds of suspicion + that they were not entitled to the freedom of the port, damages for the + detention might be properly denied. Respect for the integrity of courts of + justice, and especially of so high a one as that of the King’s Council, + obliges us to presume that circumstances arose which justified this part + of their order. It is only in cases where justice is palpably denied, that + one nation, or its ministers, are authorized to complain of the courts of + another. I hope you will see, therefore, that an application from me as to + the damages for detention, would be improper. + </p> + <p> + I have the honor to be, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0088" id="link2H_4_0088"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXVII.—TO MESSRS. FRENCH AND NEPHEW, July 13,1785 + </h2> + <p> + TO MESSRS. FRENCH AND NEPHEW. + </p> + <p> + Paris, July 13,1785. + </p> + <p> + Gentlemen, + </p> + <p> + I had the honor of receiving your letter of June the 21st, enclosing one + from Mr. Alexander of June the 17th, and a copy of his application to + Monsieur de Calonne. I am very sensible that no trade can be on a more + desperate footing than that of tobacco, in this country; and that our + merchants must abandon the French markets, if they are not permitted to + sell the productions they bring, on such terms as will enable them to + purchase reasonable returns in the manufactures of France. I know but one + remedy to the evil; that of allowing a free vent: and I should be very + happy in being instrumental to the obtaining this. But while the purchase + of tobacco is monopolized by a company, and they pay for that monopoly a + heavy price to the government, they doubtless are at liberty to fix such + places and terms of purchase, as may enable them to make good their + engagements with government. I see no more reason for obliging them to + give a greater price for tobacco than they think they can afford, than to + do the same between two individuals treating for a horse, a house, or any + thing else. Could this be effected by applications to the minister, it + would only be a palliative which would retard the ultimate cure, so much + to be wished for and aimed at by every friend to this country, as well as + to America. + </p> + <p> + I have the honor to be, Gentlemen, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson + </p> + <p> + <a name="link2H_4_0089" id="link2H_4_0089"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXVIII.—TO DR. STILES, July 17,1785 + </h2> + <h3> + TO DR. STILES. + </h3> + <p> + Sir, + </p> + <p> + Paris, July 17,1785. + </p> + <p> + I have long deferred doing myself the honor of writing to you, wishing for + an opportunity to accompany my letter with a copy of the <i>Bibliothèque + Physico-oeconomique</i>, a book published here lately in four small + volumes, and which gives an account of all the improvements in the arts + which have been made for some years past. I flatter myself you will find + in it many things agreeable and useful. I accompany it with the volumes of + the <i>Connoissance des Terns</i> for the years 1781, 1784, 1785, 1786, + 1787. But why, you will ask, do I send you old almanacs, which are + proverbially useless? Because, in these publications have appeared, from + time to time, some of the most precious things in astronomy. I have + searched out those particular volumes which might be valuable to you on + this account. That of 1781 contains De la Caillie’s catalogue of fixed + stars reduced to the commencement of that year, and a table of the + aberrations and nutations of the principal stars. 1784 contains the same + catalogue with the <i>nébuleuses</i> of Messier. 1785 contains the famous + catalogue of Flamsteed, with the positions of the stars reduced to the + beginning of the year 1784, and which supersedes the use of that immense + book. 1786 gives you Euler’s lunar tables corrected; and 1787, the tables + for the planet Herschel. The two last needed not an apology, as not being + within the description of old almanacs. It is fixed on grounds which + scarcely admit a doubt, that the planet Herschel was seen by Mayer in the + year 1756, and was considered by him as one of the zodiacal stars, and, as + such, arranged in his catalogue, being the 964th which he describes. This + 964th of Mayer has been since missing, and the calculations for the planet + Herschel show that, it should have been, at the time of Mayer’s + observation, where he places his 964th star. The volume of 1787 gives you + Mayer’s catalogue of the zodiacal stars. The researches of the natural + philosophers of Europe seem mostly in the field of chemistry, and here, + principally, on the subjects of air and fire. The analysis of these two + subjects presents to us very new ideas. When speaking of the <i>Bibliothèque + Physico-oeconomique</i>, T should have observed, that since its + publication, a man in this city has invented a method of moving a vessel + on the water, by a machine worked within the vessel. I went to see it. He + did not know himself the principle of his own invention. It is a screw + with a very broad, thin worm, or rather it is a thin plate with its edge + applied spirally round an axis. This being turned, operates on the air, as + a screw does, and may be literally said to screw the vessel along: the + thinness of the medium, and its want of resistance, occasion a loss of + much of the force. The screw, I think, would be more effectual, if placed + below the surface of the water. I very much suspect that a countrymen of + ours, Mr. Bushnel of Connecticut, is entitled to the merit of a prior + discovery of this use of the screw. I remember to have heard of his + submarine navigation during the war, and, from what Colonel Humphreys now + tells me, I conjecture that the screw was the power he used. He joined to + this a machine for exploding under water at a given moment. If it were not + too great a liberty for a stranger to take, I would ask from him a + narration of his actual experiments, with or without a communication of + his principle, as he should choose. If he thought proper to communicate + it, I would engage never to disclose it, unless I could find an + opportunity of doing it for his benefit. I thank you for your information + as to the greatest bones found on the Hudson river. I suspect that they + must have been of the same animal with those found on the Ohio: and if so, + they could not have belonged to any human figure, because they are + accompanied with tusks of the size, form, and substance of those of the + elephant. I have seen a part of the ivory, which was very good. The animal + itself must have been much larger than an elephant. Mrs. Adams gives me an + account of a flower found in Connecticut, which vegetates when suspended + in the air. She brought one to Europe. What can be this flower? It would + be a curious present to this continent. + </p> + <p> + The accommodation likely to take place between the Dutch and the Emperor, + leaves us without that unfortunate resource for news, which wars give us. + The Emperor has certainly had in view the Bavarian exchange of which you + have heard; but so formidable an opposition presented itself, that he has + thought proper to disavow it. The Turks show a disposition to go to war + with him; but if this country can prevail on them to remain in peace, they + will do so. It has been thought that the two Imperial courts have a plan + of expelling the Turks from Europe. It is really a pity, so charming a + country should remain in the hands of a people, whose religion forbids the + admission of science and the arts among them. We should wish success to + the object of the two empires, if they meant to leave the country in + possession of the Greek inhabitants. We might then expect, once more, to + see the language of Homer and Demosthenes a living language. For I am + persuaded the modern Greek would easily get back to its classical models. + But this is not intended. They only propose to put the Greeks under other + masters; to substitute one set of barbarians for another. + </p> + <p> + Colonel Humphreys having satisfied you that all attempts would be + fruitless here, to obtain money or other advantages for your college, I + need add nothing on that head. It is a method of supporting colleges of + which they have no idea, though they practise it for the support of their + lazy monkish institutions. + </p> + <p> + I have the honor to be, with the highest respect and esteem, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0090" id="link2H_4_0090"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXIX.—TO JOHN ADAMS, July 28, 1785 + </h2> + <h3> + TO JOHN ADAMS. + </h3> + <p> + Paris, July 28, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your favors of Jury the 16th and 18th came to hand the same day on which I + had received Baron Thulemeyer’s, enclosing the ultimate draught for the + treaty. As this draught, which was in French, was to be copied into the + two instruments which Dr. Franklin had signed, it is finished this day + only. Mr. Short sets out immediately. I have put into his hands a letter + of instructions how to conduct himself, which I have signed, leaving a + space above for your signature. The two treaties I have signed at the left + hand, Dr. Franklin having informed me that the signatures are read + backwards. Besides the instructions to Mr. Short, I signed also a letter + to. Mr. Dumas, associating him with Mr. Short. These two letters I made + out as nearly conformably as I could, to your ideas expressed in your + letter of the 18th. If any thing more be necessary, be so good as to make + a separate instruction for them, signed by yourself, to which I will + accede. I have not directed Mr. Dumas’s letter. I have heretofore directed + to him as ‘Agent for the United States at the Hague,’ that being the + description under which the journals of Congress speak of him. In his last + letter to me, is a paragraph, from which I conclude that the address I + have used is not agreeable, and perhaps may be wrong. Will you be so good + as to address the letter to him, and to inform me how to address him + hereafter. Mr. Short carries also the other papers necessary. His + equipment for his journey requiring expenses which cannot come into the + account of ordinary expenses, such as clothes, &,c. what allowance + should be made him? I have supposed somewhere between a guinea a day, and + one thousand dollars a year, which I believe is the salary of a private + secretary. This I mean as over and above his travelling expenses. Be so + good as to say, and I will give him an order on his return. The danger of + robbery has induced me to furnish him with only money enough to carry him + to London. You will be so good as to procure him enough to carry him to + the Hague and back to Paris. The confederation of the King of Prussia with + some members of the Germanic body, for the preservation of their + constitution, is, I think, beyond a doubt. The Emperor has certainly + complained of it in formal communications at several courts. By what can + be collected from diplomatic conversation here, I also conclude it + tolerably certain, that the Elector of Hanover has been invited to accede + to the confederation, and has done or is doing so. You will have better + circumstances however, on the spot, to form a just judgment. Our matters + with the first of these powers being now in conclusion, I wish it was so + with the Elector of Hanover. I conclude, from the general expressions in + your letter, that little may be expected. Mr. Short furnishing so safe a + conveyance that the trouble of the cipher may me dispensed with, I will + thank you for such details of what has passed, as may not be too + troublesome to you. + </p> + <p> + The difficulties of getting books into Paris, delayed for some time my + receipt of the <i>Corps Diplomatique</i> left by Dr. Franklin. Since that, + we have been engaged with expediting Mr. Short. A huge packet also, + brought by Mr. Mazzei, has added to the causes which have as yet prevented + me from examining Dr. Franklin’s notes on the Barbary treaty. It shall be + one of my first occupations. Still the possibility is too obvious that we + may run counter to the instructions of Congress, of which Mr. Lambe is + said to be the bearer. There is a great impatience in America for these + treaties. I am much distressed between this impatience and the known will + of Congress, on the one hand, and the uncertainty of the details committed + to this tardy servant. + </p> + <p> + The Duke of Dorset sets out for London to-morrow. He says he shall be + absent two months. There is some whisper that he will not return, and + that, Lord Carmarthen wishes to come here. I am sorry to lose so honest a + man as the Duke. I take the liberty to ask an answer about the insurance + of Houdon’s life. + </p> + <p> + Congress is not likely to adjourn this summer. They have passed an + ordinance for selling their lands. I have not received it. + </p> + <p> + What would you think of the enclosed draught to be proposed to the courts + of London and Versailles? I would add Madrid and Lisbon, but that they are + still more desperate than the others. I know it goes beyond our powers; + and beyond the powers of Congress too; but it is so evidently for the good + of all the States, that I should not be afraid to risk myself on it, if + you are of the same opinion. Consider it, if you please, and give me your + thoughts on it by Mr. Short: but I do not communicate it to him, nor any + other mortal living but yourself. + </p> + <p> + Be pleased to present me in the most friendly terms to the ladies, and + believe me to be, with great esteem, + </p> + <p> + Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0091" id="link2H_4_0091"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXX.—TO HOGENDORP, July 29, 1785 + </h2> + <p> + TO HOGENDORP. + </p> + <p> + Paris, July 29, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + By an American gentleman who went to the Hague, about a month ago, I sent + you a copy of my Notes on Virginia. Having since that received some copies + of the revisal of our laws, of which you had desired one, I now send it to + you. I congratulate you sincerely on the prospect of your country’s being + freed from the menace of war, which, however just, is always expensive and + calamitous, and sometimes unsuccessful. + </p> + <p> + Congress, having made a very considerable purchase of land from the + Indians, have established a land office, and settled the mode of selling + the lands. Their plan is judicious. I apprehend some inconveniences in + some parts of it; but if such should be found to exist, they will amend + them. They receive in payment their own certificates, at par with actual + money. We have a proof the last year, that the failure of the States to + bring money into the treasury, has proceeded, not from any unwillingness, + but from the distresses of their situation. Heretofore, Massachusetts and + Pennsylvania had brought in the most money, and Virginia was among the + least. The last year, Virgjnia has paid in more than all the rest + together. The reason is, that she is at liberty to avail herself of her + natural resources and has free markets for them; whereas the others which, + while they were sure of a sale for their commodities, brought more into + the treasury; now, that that sale is, by circumstances, rendered more + precarious, they bring in but little. + </p> + <p> + The impost is not yet granted. Rhode Island and New York hold off. + Congress have it in contemplation to propose to the States, that the + direction of all their commerce shall be committed to Congress, reserving + to the States, respectively, the revenue which shall be laid on it. The + operations of our good friends, the English, are calculated as precisely + to bring the States into this measure as if we directed them ourselves, + and as they were, through the whole war, to produce that union which was + so necessary for us. I doubt whether Congress will adjourn this summer. + </p> + <p> + Should you be at the Hague, I will beg leave to make known to you bearer + hereof, M, William Short. He of Virginia, has come to stay some time with + me at Paris being among my most particular friends. Though young, his + talents and merit are such as to have placed him in the Council of State + of Virginia; an office which he relinquished to make a visit to Europe. + </p> + <p> + I have the honor to be, with very high esteem, Dear Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0092" id="link2H_4_0092"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXI.—TO MESSRS. N. AND J. VAN STAPHORST, July 30, 1785 + </h2> + <h3> + TO MESSRS. N. AND J. VAN STAPHORST, Amsterdam. + </h3> + <p> + Paris, July 30, 1785. + </p> + <p> + Gentlemen, + </p> + <p> + I received yesterday your favor of the 25th. Supposing that the funds, + which are the object of your inquiry, are those which constitute what we + call our domestic debt, it is my opinion that they are absolutely secure: + I have no doubt at all but that they will be paid, with their interest at + six per cent. But I cannot say that they are as secure and solid as the + funds which constitute our foreign debt: because no man in America ever + entertained a doubt that our foreign debt is to be paid fully; but some + people in America have seriously contended, that the certificates and + other evidences of our domestic debt, ought to be redeemed only at what + they have cost the holder; for I must observe to you, that these + certificates of domestic debt, having as yet no provision for the payment + of principal or interest, and the original holders being mostly needy, + have been sold at a very great discount. When I left America (July, 1784,) + they sold in different States at from 15s. to 2s. 6d. in the pound; and + any amount of them might, then have been purchased. Hence some thought + that full justice would be done, if the public paid the purchasers of them + what they actually paid for them, and interest on that. But this is very + far from being a general opinion; a very great majority being firmly + decided that they shall be paid fully. Were I the holder of any of them, I + should not have the least fear of their full payment. There is also a + difference between different species of certificates; some of them being + receivable in taxes, others having the benefit of particular assurances, + &c. Again, some of these certificates are for paper-money debts. A + deception here must be guarded against. Congress ordered all such to be + re-settled by the depreciation tables, and a new certificate to be given + in exchange for them, expressing their value in real money. But all have + not yet been re-settled. In short, this is a science in which few in + America are expert, and no person in a foreign country can be so. + Foreigners should therefore be sure that they are well advised, before + they meddle with them, or they may suffer. If you will reflect with what + degree of success persons actually in America could speculate in the + European funds, which rise and fall daily, you may judge how far those in + Europe may do it in the American funds, which are more variable from a + variety of causes. + </p> + <p> + I am not at all acquainted with Mr. Daniel Parker, farther than having + once seen him in Philadelphia. He is of Massachusetts, I believe, and I am + of Virginia. His circumstances are utterly unknown to me. I think there + are few men in America, if there is a single one, who could command a + hundred thousand pounds’ sterling worth of these notes, at their real + value. At their nominal amount, this might be done perhaps with + twenty-five thousand pounds sterling, if the market price of them be as + low as when I left America. I am with very great respect, Gentlemen, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0093" id="link2H_4_0093"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXII.—TO JOHN ADAMS, July 31, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, July 31, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I was honored yesterday with yours of the 24th instant. When the first + article of our instructions of May 7th, 1784, was under debate in + Congress, it was proposed that neither party should make the other pay, in + their ports, greater duties, than they paid in the ports of the other. One + objection to this was, its impracticability; another, that it would put it + out of our power to lay such duties on alien importation as might + encourage importation by natives. Some members, much attached to English + policy, thought such a distinction should actually be established. Some + thought the power to do it should be reserved, in case any peculiar + circumstances should call for it, though under the present, or perhaps, + any probable circumstances, they did not think it would be good policy + ever to exercise it. The footing <i>gentis amicissimæ</i> was therefore + adopted, as you see in the instruction. As far as my inquiries enable me + to judge, France and Holland make no distinction of duties between aliens + and natives. I also rather believe that the other states of Europe make + none, England excepted, to whom this policy, as that of her navigation + act, seems peculiar. The question then is, should we disarm ourselves of + the power to make this distinction against all nations, in order to + purchase an exemption from the alien duties in England only; for if we put + her importations on the footing of native, all other nations with whom we + treat will have a right to claim the same. I think we should, because + against other nations, who make no distinction in their ports between us + and their own subjects, we ought not to make a distinction in ours. And if + the English will agree, in like manner, to make none, we should, with + equal reason, abandon the right as against them. I think all the world + would gain, by setting commerce at perfect liberty. I remember that when + we were digesting the general form of our treaty, this proposition to put + foreigners and natives on the same footing, was considered: and we were + all three, Dr. Franklin as well as you and myself, in favor of it. We + finally, however, did not admit it, partly from the objection you mention, + but more still on account of our instructions. But though the English + proclamation had appeared in America at the time of framing these + instructions, I think its effect, as to alien duties, had not yet been + experienced, and therefore was not attended to. If it had been noted in + the debate, I am sure that the annihilation of our whole trade would have + been thought too great a price to pay for the reservation of a barren + power, which a majority of the members did not propose ever to exercise, + though they were willing to retain it. Stipulating for equal rights to + foreigners and natives, we obtain more in foreign ports than our + instructions required, and we only part with, in our own ports, a power, + of which sound policy would probably for ever forbid the exercise. Add to + this, that our treaty will be for a very short term, and if any evil be + experienced under it, a reformation will soon be in our power. I am, + therefore, for putting this among our original propositions to the court + of London. + </p> + <p> + If it should prove an insuperable obstacle with them, or if it should + stand in the way of a greater advantage, we can but abandon it in the + course of the negotiation. + </p> + <p> + In my copy of the cipher, on the alphabetical side, numbers are wanting + from ‘Denmark’ to ‘disc’ inclusive, and from ‘gone’ to ‘governor’ + inclusive. I suppose them to have been omitted in copying; will you be so + good as to send them to me from yours, by the first safe conveyance. + </p> + <p> + With compliments to the ladies and to Colonel Smith, + </p> + <p> + I am, dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson.* + </p> + <p> + [* The original of this letter was in cipher. But annexed to the copy in + cipher, is the above literal copy by the author.] + </p> + <p> + <a name="link2H_4_0094" id="link2H_4_0094"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXIII.—TO M. DE CASTRIES, August 3,1785 + </h2> + <p> + TO M. DE CASTRIES. + </p> + <p> + Paris, August 3,1785. + </p> + <p> + Sir, + </p> + <p> + The enclosed copy of a letter from Captain John Paul Jones, on the subject + on which your Excellency did me the honor to write me, on the day of July, + will inform you that there is still occasion to be troublesome to you. A + Mr. Puchilburg, a merchant of L’Orient, who seems to have kept himself + unknown till money was to be received, now presents powers to receive it, + signed by the American officers and crews: and this produces a hesitation + in the person to whom your order was directed. Congress, however, having + substituted Captain Jones, as agent, to solicit and receive this money, he + having given them security to forward it, when received, to their + treasury, to be thence distributed to the claimants, and having at a + considerable expense of time, trouble, and money, attended it to a + conclusion, are circumstances of weight, against which Mr. Puchilburg + seems to have nothing to oppose, but a nomination by individuals of the + crew, under which he has declined to act, and permitted the business to be + done by another without contradiction from him. Against him, too, it is + urged that he fomented the sedition which took place among them, that he + obtained this nomination from them while their minds were under ferment; + and that he has given no security for the faithful payment of the money to + those entitled to it. + </p> + <p> + I will add to these, one more circumstance which appears to render it + impossible that he should execute this trust. It is now several years + since the right to this money arose. The persons in whom it originally + vested, were probably from different States in America. Many of them must + be now dead; and their rights passed on to their representatives. But who + are their representatives? The laws of some States prefer one degree of + relations, those of others prefer another, there being no uniformity among + the States on this point. Mr. Puchilberg, therefore, should know which of + the parties are dead; in what order the laws of their respective States + call their relations to the succession; and, in every case, which of those + orders are actually in existence, and entitled to the share of the + deceased. With the Atlantic ocean between the principals and their + substitute, your Excellency will perceive what an inexhaustible source of + difficulties, of chicanery, and delay, this might furnish to a person who + should find an interest in keeping this money, as long as possible, in his + own hands. Whereas, if it be lodged in the treasury of Congress, they, by + an easy reference to the tribunals of the different States, can have every + one’s portion immediately rendered to himself, if living; and if dead, to + such of his relations as the laws of his particular State prefer, and as + shall be found actually living. I the rather urge this course, as I + foresee that it will relieve your Excellency from numberless appeals which + these people will continually be making from the decisions of Mr. + Puchilberg; appeals likely to perpetuate that trouble of which you have + already had too much, and to which I am sorry to be obliged to add, by + asking a peremptory order for the execution of what you were before + pleased to decide, on this subject. + </p> + <p> + I have the honor to be, with sentiments of the most perfect respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0095" id="link2H_4_0095"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXIV.—TO CAPTAIN JOHN PAUL JONES, August 3,1785 + </h2> + <p> + TO CAPTAIN JOHN PAUL JONES. + </p> + <p> + Paris, August 3,1785. + </p> + <p> + Sir, + </p> + <p> + I received yesterday your favor of the 29th, and have written on the + subject of it to the Maréchal de Castries this morning. You shall have an + answer as soon as I receive one. Will you be so good as to make an inquiry + into all the circumstances relative to Peyrouse’s expedition, which seem + to ascertain his destination. Particularly what number of men, and of what + conditions and vocations, had he on board? What animals, their species and + number? What trees, plants, or seeds? What utensils? What merchandise or + other necessaries? This inquiry should be made with as little appearance + of interest in it as possible. Should you not be able to get satisfactory + information without going to Brest, and it be inconvenient for you to go + there, I will have the expenses, this shall occasion you, paid. Commit all + the circumstances to writing, and bring them when you come yourself, or + send them by a safe hand. + </p> + <p> + I am, with much respect, Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0096" id="link2H_4_0096"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXV.—TO JOHN ADAMS, August 6, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, August 6, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I now enclose you a draught of a treaty for the Barbary States, together + with the notes Dr. Franklin left me. I have retained a press copy of this + draught, so that by referring to any article, line, and word, in it, you + can propose amendments and send them by the post, without any body’s being + able to make much of the main subject. I shall be glad to receive any + alterations you may think necessary, as soon as convenient, that this + matter may be in readiness. I enclose also a letter containing + intelligence from Algiers. I know not how far it is to be relied on. My + anxiety is extreme indeed, as to these treaties. We know that Congress + have decided ultimately to treat. We know how far they will go. But + unfortunately we know also, that a particular person has been charged with + instructions for us, these five months, who neither comes nor writes to + us. What are we to do? It is my opinion that if Mr. Lambe does not come in + either of the packets (English or French) now expected, we ought to + proceed. I therefore propose to you this term, as the end of our + expectations of him, and that if he does not come, we send some other + person. Dr. Bancroft or Captain Jones occurs to me as the fittest. If we + consider the present object only, I think the former would be the most + proper: but if we look forward to the very probable event of war with + those pirates, an important object would be obtained by Captain Jones’s + becoming acquainted with their ports, force, tactics, &c. Let me know + your opinion on this. I have never mentioned it to either, but I suppose + either might be induced to go. Present me affectionately to the ladies and + Colonel Smith, and be assured of the sincerity with which I am, + </p> + <p> + Dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0097" id="link2H_4_0097"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXVI.—TO DR. PRICE, August 7,1785 + </h2> + <p> + TO DR. PRICE. + </p> + <p> + Paris, August 7,1785. + </p> + <p> + Sir, + </p> + <p> + Your favor of July the 2nd came duly to hand. The concern you therein + express as to the effect of your pamphlet in America, induces me to + trouble you with some observations on that subject. From my acquaintance + with that country, I think I am able to judge, with some degree of + certainty, of the manner in which it will have been received. Southward of + the Chesapeake it will find but few readers concurring with it in + sentiment, on the subject of slavery. From the mouth to the head of the + Chesapeake, the bulk of the people will approve it in theory, and it will + find a respectable minority ready to adopt it in practice; a minority, + which, for weight and worth of character, preponderates against the + greater number, who have not the courage to divest their families of a + property, which, however, keeps their consciences unquiet. Northward of + the Chesapeake, you may find here and there an opponent to your doctrine, + as you may find here and there a robber and murderer; but in no greater + number. In that part of America, there being but few slaves, they can + easily disencumber themselves of them; and emancipation is put into such a + train, that in a few years there will be no slaves northward of Maryland. + In Maryland, I do not find such a disposition to begin the redress of this + enormity, as in Virginia. This is the next State to which we may turn our + eyes for the interesting spectacle of justice, in conflict with avarice + and oppression: a conflict wherein the sacred side is gaining daily + recruits, from the influx into office of young men grown and growing up. + These have sucked in the principles of liberty, as it were, with their + mothers’ milk; and it is to them I look with anxiety to turn the fate of + this question. Be not therefore discouraged. What you have written will do + a great deal of good: and could you still trouble yourself with our + welfare, no man is more able to give aid to the laboring side. The College + of William and Mary in Williamsburg, since the re-modelling of its plan, + is the place where are collected together all the young men of Virginia, + under preparation for public life. They are there under the direction + (most of them) of a Mr. Wythe, one of the most virtuous of characters, and + whose sentiments on the subject of slavery are unequivocal. I am + satisfied, if you could resolve to address an exhortation to those young + men, with all that eloquence of which you are master, that its influence + on the future decision of this important question would be great, perhaps + decisive. Thus you see, that, so far from thinking you have cause to + repent of what you have done, I wish you to do more, and wish it on an + assurance of its effect. The information I have received from America, of + the reception of your pamphlet in the different States, agrees with the + expectations I had formed. + </p> + <p> + Our country is getting into a ferment against yours, or rather has caught + it from yours. God knows how this will end; but assuredly in one extreme + or the other. There can be no medium between those who have loved so much. + I think the decision is in your power as yet, but will not be so long. + </p> + <p> + I pray you to be assured of the sincerity of the esteem and respect, with + which I have the honor to be, Sir, + </p> + <p> + your most obedient, + </p> + <p> + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0098" id="link2H_4_0098"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXVII.—TO JOHN ADAMS, August 10,1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, August 10,1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of the 4th instant came to hand yesterday. I now enclose you + the two <i>Arrêts</i> against the importation of foreign manufactures into + this kingdom. The cause of the balance against this country in favor of + England, as well as its amount, is not agreed on. No doubt, the rage for + English manufactures must be a principal cause. The speculators in + exchange say, also, that those of the circumjacent countries, who have a + balance in their favor against France, remit that balance to England from + France. If so, it is possible that the English may count this balance + twice: that is, in summing their exports to one of these States, and their + imports from it, they count the difference once in their favor; then a + second time, when they sum the remittances of cash they receive from + France. There has been no <i>Arrêt</i> relative to our commerce, since + that of August, 1784. And all the late advices from the French West Indies + are, that they have now in their ports always three times as many vessels + as there ever were before, and that the increase is principally from our + States. I have now no further fears of that <i>Arrêts</i> standing its + ground. When it shall become firm, I do not think its extension desperate. + But whether the placing it on the firm basis of treaty be practicable, is + a very different question. As far as it is possible to judge from + appearances, I conjecture that Crawford will do nothing. I infer this from + some things in his conversation, and from an expression of the Count de + Vergennes, in a conversation with me yesterday. I pressed upon him the + importance of opening their ports freely to us, in the moment of the + oppressions of the English regulations against us, and perhaps of the + suspension of their commerce. He admitted it; but said we had free ingress + with our productions. I enumerated them to him, and showed him on what + footing they were, and how they might be improved. We are to have further + conversations on the subject. I am afraid the voyage to Fontainebleau will + interrupt them. From the inquiries I have made, I find I cannot get a very + small and indifferent house there, for the season, (that is, for a month) + for less than one hundred or one hundred and fifty guineas. This is nearly + the whole salary for the time, and would leave nothing to eat. I therefore + cannot accompany the court thither, but I will endeavor to go there + occasionally from Paris. + </p> + <p> + They tell me it is the most favorable scene for business with the Count de + Vergennes, because he is then more abstracted from the domestic + applications. Count d’Aranda is not yet returned from the waters of Vichy. + As soon as he returns, I will apply to him in the case of Mr. Watson. I + will pray you to insure Houdon’s life from the 27th of last month till his + return to Paris. As he was to stay in America a month or two, he will + probably be about six months absent; but the three per cent, for the + voyage being once paid, I suppose they will insure his life by the month, + whether his absence be longer or shorter. The sum to be insured is fifteen + thousand livres tournois. If it be not necessary to pay the money + immediately, there is a prospect of exchange becoming more favorable. But + whenever it is necessary, be so good as to procure it by selling a draft + on Mr. Grand, which I will take care shall be honored. With compliments to + the ladies, + </p> + <p> + I am, dear Sir, your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0099" id="link2H_4_0099"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXVIII.—TO MRS. SPROWLE, August 10, 1785 + </h2> + <p> + TO MRS. SPROWLE. + </p> + <p> + Paris, August 10, 1785. + </p> + <p> + Madam, + </p> + <p> + In your letter of June the 21st, you asked my opinion whether yourself or + your son might venture to go to Virginia, to claim your possessions there? + I had the honor of writing you, on the 5th of July, that you might safely + go there; that your person would be sacredly safe, and free from insult. I + expressed my hopes, too, that the Assembly of Virginia would, in the end, + adopt the just and useful measure of restoring property unsold, and the + price of that actually sold. In yours of July the 30th, you entreat my + influence with the Assembly for retribution, and that, if I think your + personal presence in Virginia would facilitate that end, you were willing + and ready to go. This seems to propose to me to take on myself the + solicitation of your cause, and that you will go, if I think your personal + presence will be auxiliary to my applications. I feel myself obliged to + inform you frankly, that it is improper for me to solicit your case with + the Assembly of Virginia. The application can only go with propriety from + yourself, or the minister of your court to America, whenever there shall + be one. If you think the sentiments expressed in my former letter will + serve you, you are free to exhibit it to members individually; but I wish + the letter not to be offered to the Assembly as a body, or referred to in + any petition or memorial to them. + </p> + <p> + I am, with much respect, Madam, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0100" id="link2H_4_0100"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER LXXXIX.—TO CAPTAIN JOHN PAUL JONES, August 13, 1785 + </h2> + <p> + TO CAPTAIN JOHN PAUL JONES. + </p> + <p> + Paris, August 13, 1785. + </p> + <p> + Sir, + </p> + <p> + Supposing you may be anxious to hear from hence, though there should be + nothing interesting to communicate, I write by Mr. Cairnes merely to + inform you, that I have, as yet, received no answer from the Marechal de + Castries. I am in daily expectation of one. Should it not be received + soon, I shall urge it again, which I wish to avoid however, if possible; + because I think it better to await with patience a favorable decision, + than by becoming importunate, to produce unfavorable dispositions, and, + perhaps, a final determination of the same complexion. Should my + occupations prevent my writing awhile, be assured that it will only be as + long as I have nothing to communicate, and that as soon as I receive any + answer, it shall be forwarded to you. + </p> + <p> + I am, with much esteem, Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0101" id="link2H_4_0101"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XC.—TO MESSRS. BUCHANAN AND HAY, August 13, 1785 + </h2> + <p> + TO MESSRS. BUCHANAN AND HAY. + </p> + <p> + Paris, August 13, 1785. + </p> + <p> + Gentlemen, + </p> + <p> + Your favor of March the 20th came to hand the 14th of June, and the next + day I wrote to you, acknowledging the receipt, and apprizing you, that + between that date and the 1st of August, it would be impossible to + procure, and get to your hands, the drafts you desired. I did hope, + indeed, to have had them prepared before this, but it will yet be some + time before they will be in readiness. I flatter myself, however, they + will give you satisfaction when you receive them, and that you will think + the object will not have lost by the delay. It was a considerable time + before I could find an architect whose taste had been formed on a study of + the ancient models of his art: the style of architecture in this capital + being far from chaste. I at length heard of one, to whom I immediately + addressed myself, and who perfectly fulfils my wishes. He has studied + twenty years in Rome, and has given proofs of his skill and taste, by a + publication of some antiquities of this country. You intimate that you + should be willing to have a workman sent to you to superintend the + execution of this work. Were I to send one on this errand from hence, he + would consider himself as the superintendant of the Directors themselves, + and probably, of the government of the State also. I will give you my + ideas on this subject. The columns of the building, and the external + architraves of the doors and windows, should be of stone. Whether these + are made here or there, you will need one good stone-cutter; and one will + be enough; because, under his direction, negroes, who never saw a tool, + will be able to prepare the work for him to finish. I will therefore send + you such a one, in time to begin work in the spring. All the internal + cornices, and other ornaments not exposed to the weather, will be much + handsomer, cheaper, and more durable in plaister, than in wood. I will + therefore employ a good workman in this way, and send him to you. But he + will have no employment till the house is covered; of course he need not + be sent till next summer. I will take him on wages so long before hand, as + that he may draw all the ornaments in detail, under the eye of the + architect, which he will have to execute when he comes to you. It will be + the cheapest way of getting them drawn, and the most certain of putting + him in possession of his precise duty. Plaister will not answer for your + external cornice, and stone will be too dear. You will probably find + yourselves obliged to be contented with wood. For this, therefore, and for + your window sashes, doors, frames, wainscoting, &c. you will need a + capital house-joiner; and a capital one he ought to be, capable of + directing all the circumstances in the construction of the walls, which + the execution of the plan will require. Such a workman cannot be got here. + Nothing can be worse done than the house-joinery of Paris. Besides that + his speaking the language perfectly would be essential, I think this + character must be got from England. There are no workmen in wood, in + Europe, comparable to those of England. I submit to you, therefore, the + following proposition: to wit, I will get a correspondent in England to + engage a workman of this kind. I will direct him to come here, which will + cost five guineas. We will make proof of his execution. He shall also + make, under the eye of the architect, all the drawings for the building, + which he is to execute himself: and if we find him sober and capable, he + shall be forwarded to you. I expect that in the article of the drawings, + and the cheapness of passage from France, you will save the expense of his + coming here. But as to this workman, I shall do nothing unless I receive + your commands. With respect to your stone work, it may be got much cheaper + here than in England. The stone of Paris is very white and beautiful; but + it always remains soft, and suffers from the weather. The cliffs of the + Seine, from hence to Havre, are all of stone. I am not yet informed + whether it is all liable to the same objections. At Lyons, and all along + the Rhone, is a stone as beautiful as that of Paris, soft when it comes + out of the quarry, but very soon becoming hard in the open air, and very + durable. I doubt, however, whether the commerce between Virginia and + Marseilles would afford opportunities of conveyance sufficient. It remains + to be inquired, what addition to the original cost would be made by the + short land carriage from Lyons to the Loire, and the water transportation + down that to Bordeaux;, and also, whether a stone of the same quality may + not be found on the Loire. In this, and all other matters relative to your + charge, you may command my services freely. + </p> + <p> + Having heard high commendations of a plan of a prison, drawn by an + architect at Lyons, I sent there for it. The architect furnished me with + it. It is certainly the best plan I ever saw. It unites, in the most + perfect manner, the objects of security and health, and has, moreover, the + advantage, valuable to us, of being capable of being adjusted to any + number of prisoners, small or great, and admitting an execution from time + to time, as it may be convenient. The plan is under preparation as for + forty prisoners. Will you have any occasion for slate? It may be got very + good and ready prepared at Havre; and a workman or more might be sent on + easy terms. Perhaps the quarry at Tuckahoe would leave you no other want + than that of a workman. + </p> + <p> + I shall be glad to receive your sentiments on the several matters herein + mentioned, that I may know how far you approve of them, as I shall with + pleasure pursue strictly whatever you desire. I have the honor to be, with + great respect and esteem, Gentlemen, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0102" id="link2H_4_0102"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCI.—TO JOHN JAY, August 14, 1785 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, August 14, 1785. + </p> + <p> + Sir, + </p> + <p> + I was honored, on the 22nd ultimo, with the receipt of your letter of June + the 15th; and delivered the letter therein enclosed, from the President of + Congress to the King. I took an opportunity of asking the Count de + Vergennes, whether the Chevalier Luzerne proposed to return to America. He + answered me that he did; and that he was here, for a time only, to arrange + his private affairs. Of course, this stopped my proceeding further in + compliance with the hint in your letter. I knew that the Chevalier Luzerne + still retained the character of minister to Congress, which occasioned my + premising the question I did. But, notwithstanding the answer, which + indeed was the only one the Count de Vergennes could give me, I believe it + is not expected that the Chevalier will return to America: that he is + waiting an appointment here, to some of their embassies, or some other + promotion, and in the mean time, as a favor, is permitted to retain his + former character. Knowing the esteem borne him in America, I did not + suppose it would be wished, that I should add any thing which might + occasion an injury to him; and the rather, as I presumed that, at this + time, there did not exist the same reason for wishing the arrival of a + minister in America, which perhaps existed there at the date of your + letter. Count Adhemar is just arrived from London, on account of a + paralytic disease with which he has been struck. It does not seem + improbable, that his place will be supplied, and perhaps by the Chevalier + de la Luzerne. + </p> + <p> + A French vessel has lately refused the salute to a British armed vessel in + the channel. The <i>Chargé des Affaires</i> of Great Britain at this court + (their ambassador having gone to London a few days ago) made this the + subject of a conference with the Count de Vergennes, on Tuesday last. He + told me that the Count explained the transaction as the act of the + individual master of the French vessel, not founded in any public orders. + His earnestness, and his endeavors to find terms sufficiently soft to + express the Count’s explanation, had no tendency to lessen any doubts I + might have entertained on this subject. I think it possible the refusal + may have been by order: nor can I believe that Great Britain is in a + condition to resent it, if it was so. In this case, we shall see it + repeated by France and her example will then be soon followed by other + nations. The news-writers bring together this circumstance with the + departure of the French ambassador from London, and the English ambassador + from Paris, the manoeuvring of the French fleet just off the channel, the + collecting some English vessels of war in the channel, the failure of a + commercial treaty between the two countries, and a severe <i>Arrêt</i> + here against English manufacturers, as foreboding war. It is possible that + the fleet of manoeuvre, the refusal of the salute, and the English fleet + of observation, may have a connexion with one another. But I am persuaded + the other facts are totally independent of these, and of one another, and + are accidentally brought together in point of time. Neither nation is in a + condition to go to war: Great Britain, indeed, the least so of the two. + The latter power, or rather its monarch, as Elector of Hanover, has lately + confederated with the King of Prussia and others of the Germanic body, + evidently in opposition to the Emperor’s designs on Bavaria. An alliance, + too, between the Empress of Russia and the Republic of Venice, seems to + have had him in view, as he had meditated some exchange of territory with + that republic. This desertion of the powers heretofore thought friendly to + him, seems to leave no issue for his ambition, but on the side of Turkey. + His demarkation with that country is still unsettled. His difference with + the Dutch is certainly agreed. The articles are not yet made public; + perhaps not quite adjusted. Upon the whole, we may count on another year’s + peace in Europe, and that our friends will not, within that time, be + brought into any embarrassments, which might encourage Great Britain to be + difficult in settling the points still unsettled between us. + </p> + <p> + You have, doubtless, seen in the papers, that this court was sending two + vessels into the south sea, under the conduct of a Captain Peyrouse. They + give out, that the object is merely for the improvement of our knowledge + of the geography of that part of the globe. And certain it is, that they + carry men of eminence in different branches of science. Their loading, + however, as detailed in conversations, and some other circumstances, + appeared to me to indicate some other design: perhaps that of colonizing + on the western coast of America; or, it may be, only to establish one or + more factories there, for the fur-trade. Perhaps we may be little + interested in either of these objects. But we are interested in another, + that is, to know whether they are perfectly weaned from the desire of + possessing continental colonies in America. Events might arise, which + would render it very desirable for Congress to be satisfied they have no + such wish. If they would desire a colony on the western side of America, I + should not be quite satisfied that they would refuse one which should + offer itself on the eastern side. Captain Paul Jones being at L’Orient, + within a day’s journey of Brest, where Captain Peyrouse’s vessels lay, I + desired him, if he could not satisfy himself at L’Orient of the nature of + this equipment, to go to Brest for that purpose: conducting himself so as + to excite no suspicion that we attended at all to this expedition. His + discretion can be relied on, and his expenses for so short a journey will + be a trifling price for satisfaction on this point. I hope, therefore, + that my undertaking that the expenses of his journey shall be reimbursed + him, will not be disapproved. + </p> + <p> + A gentleman lately arrived from New York tells me, he thinks it will be + satisfactory to Congress, to be informed of the effect produced here by + the insult of Longchamps on Monsieur de Marbois. Soon after my arrival in + France last summer, it was the matter of a conversation between the Count + de Vergennes and myself. I explained to him the effect of the judgment + against Longchamps. He did not say that it was satisfactory, but neither + did he say a word from which I could collect that it was not so. The + conversation was not official, because foreign to the character in which I + then was. He has never mentioned a word on the subject to me since, and it + was not for me to introduce it at any time. I have never once heard it + mentioned in conversation, by any person of this country, and have no + reason to suppose that there remains any uneasiness on the subject. I have + indeed been told, that they had sent orders to make a formal demand of + Longchamps from Congress, and had immediately countermanded these orders. + You know whether this be true. If it be, I should suspect the first orders + to have been surprised from them by some exaggeration, and that the latter + was a correction of their error, in the moment of further reflection. Upon + the whole, there certainly appears to me no reason to urge the State, in + which the fact happened, to any violation of their laws, nor to set a + precedent which might hereafter be used in cases more interesting to us + than the late one. + </p> + <p> + In a late conversation with the Count de Vergennes, he asked me if the + condition of our finances was improving. He did not make an application of + the question to the arrearages of their interest, though perhaps he meant + that I should apply it. I told him the impost still found obstacles, and + explained to him the effects which I hoped from our land office. Your + letter of the 15th of April did not come to hand till the 27th ultimo. I + enclose a letter from Mr. Dumas to the President of Congress, and + accompany the present with the Leyden Gazette and Gazette of France, from + the date last sent you to the present time. I have the honor to be, with + high esteem, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0103" id="link2H_4_0103"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCII.—TO THE COUNT DE VERGENNES, August 15, 1785 + </h2> + <p> + TO THE COUNT DE VERGENNES. + </p> + <p> + Paris, August 15, 1785. + </p> + <p> + Sir, + </p> + <p> + In the conversation which I had the honor of having with your Excellency, + a few days ago, on the importance of placing, at this time, the commerce + between France and America on the best footing possible, among other + objects of this commerce, that of tobacco was mentioned, as susceptible of + greater encouragement and advantage to the two nations. Always distrusting + what I say in a language I speak so imperfectly, I will beg your + permission to state, in English, the substance of what I had then the + honor to observe, adding some more particular details for your + consideration. + </p> + <p> + I find the consumption of tobacco in France estimated at from fifteen to + thirty millions of pounds. The most probable estimate, however, places it + at twenty-four millions. + </p> + <p> + This costing eight sous the pound, delivered in + </p> + <p> + a port of France, amounts to...............9,600,000 livres. + </p> + <p> + Allow six sous a pound, as the average cost of the + </p> + <p> + different manufactures.....................7,200,000 + </p> + <p> + The revenue which the King derives from this, is + </p> + <p> + something less than.......................30,000,000 + </p> + <p> + Which would make the cost of the whole... 46,800,000 + </p> + <p> + But it is sold to the consumers at an average of + </p> + <p> + three livres the pound....................72,000,000 + </p> + <p> + There remain then for the expenses + </p> + <p> + of collection............................ 25,200,000 livres. + </p> + <p> + This is within a sixth as much as the King receives, and so gives nearly + one half for collecting the other. It would be presumption in me, a + stranger, to suppose my numbers perfectly accurate. I have taken them from + the best and most disinterested authorities I could find. Your Excellency + will know how far they are wrong; and should you find them considerably + wrong, yet I am persuaded you will find, after strictly correcting them, + that the collection of this branch of the revenue still absorbs too much. + </p> + <p> + My apology for making these remarks will, I hope, be found in my wishes to + improve the commerce between the two nations, and the interest which my + own country will derive from this improvement. The monopoly of the + purchase of tobacco in France, discourages both the French and American + merchant from bringing it here, and from taking in exchange the + manufactures and productions of France. It is contrary to the spirit of + trade, and to the dispositions of merchants, to carry a commodity to any + market where but one person is allowed to buy it, and where, of course, + that person fixes its price, which the seller must receive, or reexport + his commodity, at the loss of his voyage thither. Experience accordingly + shows, that they carry it to other markets, and that they take in exchange + the merchandise of the place where they deliver it. I am misinformed, if + France has not been furnished from a neighboring nation with considerable + quantities of tobacco, since the peace, and been obliged to pay there in + coin, what might have been paid here in manufactures, had the French and + American merchants bought the tobacco originally here. I suppose, too, + that the purchases made by the Farmers General, in America, are paid for + chiefly in coin, which coin is also remitted directly hence to England, + and makes an important part of the balance supposed to be in favor of that + nation against this. Should the Farmers General, by themselves, or by the + company to whom they may commit the procuring these tobaccos from America, + require, for the satisfaction of government on this head, the exportation + of a proportion of merchandise in exchange for them, it would be an + unpromising expedient. It would only commit the exports, as well as + imports, between France and America, to a monopoly, which, being secure + against rivals in the sale of the merchandise of France, would not be + likely to sell at such moderate prices as might encourage its consumption + there, and enable it to bear a competition with similar articles from + other countries. I am persuaded this exportation of coin may be prevented, + and that of commodities effected, by leaving both operations to the French + and American merchants, instead of the Farmers General. They will import a + sufficient quantity of tobacco, if they are allowed a perfect freedom in + the sale; and they will receive in payment, wines, oils, brandies, and + manufactures, instead of coin; forcing each other, by their competition, + to bring tobaccos of the best quality; to give to the French manufacturer + the full worth of his merchandise; and to sell to the American consumer at + the lowest price they can afford; thus encouraging him to use, in + preference, the merchandise of this country. + </p> + <p> + It is not necessary that this exchange should be favored by any loss of + revenue to the King. I do not mean to urge any thing which shall injure + either his Majesty or his people. On the contrary, the measure I have the + honor of proposing, will increase his revenue, while it places both the + seller and buyer on a better footing. It is not for me to say, what system + of collection may be best adapted to the organization of this government; + nor whether any useful hints may be taken from the practice of that + country, which has heretofore been the principal entrepot for this + commodity. Their system is simple and little expensive. The importer + there, pays the whole duty to the King: and as this would be inconvenient + for him to do before he has sold his tobacco, he is permitted, on arrival, + to deposite it in the King’s warehouse, under the locks of the King’s + officer. As soon as he has sold it, he goes with the purchaser to the + warehouse; the money is there divided between the King and him, to each + his proportion, and the purchaser takes out the tobacco. The payment of + the King’s duty is thus ensured in ready money. What is the expense of its + collection, I cannot say; but it certainly need not exceed six livres a + hogshead of one thousand pounds. That government levies a higher duty on + tobacco than is levied here. Yet so tempting and so valuable is the + perfect liberty of sale, that the merchant carries it there and finds his + account in doing so. + </p> + <p> + If, by a simplification of the collection of the King’s duty on tobacco, + the cost of that collection can be reduced even to five per cent., or a + million and a half, instead of twenty-five millions; the price to the + consumer will be reduced from three to two livres the pound. For thus I + calculate. + </p> + <p> + The cost, manufacture, and revenue, on twenty-four million pounds + </p> + <p> + of tobacco being (as before stated)................46,800,000 livres. + </p> + <p> + Five per cent, on thirty millions of livres, + </p> + <p> + expenses of collection .............................1,500,000 + </p> + <p> + Give what the consumers would pay, being + </p> + <p> + about two livres a pound...........................48,300,000 + </p> + <p> + But they pay at present three livres a pound...... 72,000,000 + </p> + <p> + The difference is..................................23,700,000 + </p> + <p> + The price being thus reduced one third, would be brought within the reach + of a new and numerous circle of the people, who cannot, at present, afford + themselves this luxury. The consumption, then, would probably increase, + and perhaps in the same if not a greater proportion, with the reduction of + the price; that is to say, from twenty-four to thirty-sis millions of + pounds: and the King, continuing to receive twenty-five sous on the pound, + as at present, would receive forty-fire instead of thirty millions of + livres, while his subjects would pay but two livres for an object which + has heretofore cost them three. Or if, in event, the consumption were not + to be increased, he would levy only forty-eight millions on his people, + where seventy-two millions are now levied, and would leave twenty-four + millions in their pockets, either to remain there, or to be levied in some + other form, should the state of revenue require it. It will enable his + subjects, also, to dispose of between nine and ten millions’ worth of + their produce and manufactures, instead of sending nearly that sum + annually, in coin, to enrich a neighboring nation. + </p> + <p> + I have heard two objections made to the suppression of this monopoly. 1. + That it might increase the importation of tobacco in contraband. 2. That + it would lessen the abilities of the Farmers General to make occasional + loans of money to the public treasury. These objections will surely be + better answered by those who are better acquainted than I am with the + details and circumstances of the country. With respect to the first, + however, I may observe, that contraband does not increase on lessening the + temptations to it. It is now encouraged, by those who engage in it being + able to sell for sixty sous what cost but fourteen, leaving a gain of + forty-six sous. When the price shall be reduced from sixty to forty sous, + the gain will be but twenty-six, that is to say, a little more than one + half of what it is at present. It does not seem a natural consequence, + then, that contraband should be increased by reducing its gain nearly one + half. As to the second objection, if we suppose (for elucidation and + without presuming to fix) the proportion of the farm on tobacco, at one + eighth of the whole mass farmed, the abilities of the Farmers General to + lend will be reduced one eighth, that is, they can hereafter lend only + seven millions, where heretofore they have lent eight. It is to be + considered, then, whether this eighth (or other proportion, whatever it + be) is worth the annual sacrifice of twenty-four millions, or if a much + smaller sacrifice to other monied men, will not produce the same loans of + money in the ordinary way. + </p> + <p> + While the advantages of an increase of revenue to the crown, a diminution + of impost on the people, and a payment in merchandise instead of money, + are conjectured as likely to result to France from a suppression of the + monopoly on tobacco, we have also reason to hope some advantages on our + part; and this hope alone could justify my entering into the present + details. I do not expect this advantage will be by an augmentation of + price. The other markets of Europe have too much influence on this + article, to admit any sensible augmentation of price to take place. But + the advantage I principally expect, is an increase of consumption. This + will give us a vent for so much more, and, of consequence, find employment + for so many more cultivators of the earth: and in whatever proportion it + increases this production for us, in the same proportion will it procure + additional vent for the merchandise of France, and employment for the + hands which produce it. I expect too, that by bringing our merchants here, + they would procure a number of commodities in exchange, better in kind, + and cheaper in price. It is with sincerity I add, that warm feelings are + indulged in my breast by the further hope, that it would bind the two + nations still closer in friendship, by binding them in interest. In truth, + no two countries are better calculated for the exchanges of commerce. + France wants rice, tobacco, potash, furs, and ship timber. We want wines, + brandies, oils, and manufactures. There is an affection, too, between the + two people, which disposes them to favor one another. They do not come + together, then, to make the exchange in their own ports, it shows there is + some substantial obstruction in the way. We have had the benefit of too + many proofs of his Majesty’s friendly disposition towards the United + States, and know too well his affectionate care of his own subjects, to + doubt his willingness to remove these obstructions, if they can be + unequivocally pointed out. It is for his wisdom to decide, whether the + monopoly, which is the subject of this letter, be deservedly classed with + the principal of these. It is a great comfort to me too, that in + presenting this to the mind of his Majesty, your Excellency will correct + my ideas where an insufficient knowledge of facts may have led me into + error; and that while the interests of the King and of his people are the + first object of your attention, an additional one will be presented by + those dispositions towards us, which have heretofore so often befriended + our nation. + </p> + <p> + I avail myself of this occasion to repeat the assurance of that high + respect and esteem, with which I have the honor to be + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0104" id="link2H_4_0104"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCIII.—TO CAPTAIN JOHN PAUL JONES, August 17, 1785 + </h2> + <p> + TO CAPTAIN JOHN PAUL JONES. + </p> + <p> + Sir, + </p> + <p> + Paris, August 17, 1785. + </p> + <p> + Mine of the 13th informed you that I had written to the M. de Castries on + the subject of Puchilberg’s interference. Yesterday I received his answer + dated the 12th. In that, he says that he is informed by the <i>Ordonnateur</i>, + that he has not been able to get an authentic roll of the crew of the + Alliance, and that, in the probable case of there having been some French + subjects among them, it will be just that you should give security to + repay their portions. I wrote to him this morning, that as you have + obliged yourself to transmit the money to the treasury of the United + States, it does not seem just to require you to be answerable for money + which will be no longer within your power; that the repayment of such + portions will be incumbent on Congress; that I will immediately solicit + their orders to have all such claims paid by their banker here: and that + should any be presented before I receive their orders, I will undertake to + direct the banker of the United States to pay them, that there may be no + delay. I trust that this will remove the difficulty, and that it is the + last which will be offered. The ultimate answer shall be communicated the + moment I receive it. Having pledged myself for the claims which may be + offered, before I receive the orders of Congress, it is necessary to arm + myself with the proper checks. Can you give me a roll of the crew, + pointing out the French subjects? If not, can you recollect personally the + French subjects, and name them to me, and the sums they are entitled to? + it there were none such, yet the roll will be material, because I have no + doubt that Puchilberg will excite claims upon me, either true or false, + </p> + <p> + I am, with much respect, Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0105" id="link2H_4_0105"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCIV.—TO WILLIAM CARMICHAEL, August 18, 1785 + </h2> + <p> + TO WILLIAM CARMICHAEL. + </p> + <p> + Pads, August 18, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you was of June the 22nd, with a postscript of July the 14th. + Yours of June the 27th came to hand the 23rd of July, and that of July the + 28th came to hand the 10th instant. The papers enclosed in the last shall + be communicated to Mr. Adams. I see with extreme satisfaction and + gratitude, the friendly interposition of the court of Spain with the + Emperor of Morocco, on the subject of the brig Betsy, and I am persuaded + it will produce the happiest effects in America. Those who are entrusted + with the public affairs there, are sufficiently sensible how essentially + it is for our interest to cultivate peace with Spain, and they will be + pleased to see a corresponding disposition in that court. The late good + office of emancipating a number of our countrymen from slavery is + peculiarly calculated to produce a sensation among our people, and to + dispose them to relish and adopt the pacific and friendly views of their + leaders towards Spain. We hear nothing yet of Mr. Lambe. I have therefore + lately proposed to Mr. Adams, that if he does not come in the French or + English packet of this month, we will wait no longer. If he accedes to the + proposition, you will be sure of hearing of, and perhaps of seeing, some + agent proceeding on that business. The immense sum said to have been + proposed, on the part of Spain, to Algiers, leaves us little hope of + satisfying their avarice. It may happen then, that the interests of Spain + and America may call for a concert of proceedings against that State. The + dispositions of the Emperor of Morocco give us better hopes there. May not + the affairs of the Musquito coast, and our western ports, produce another + instance of a common interest? Indeed, I meet this correspondence of + interest in so many quarters, that I look with anxiety to the issue of Mr. + Gardoqui’s mission; hoping it will be a removal of the only difficulty at + present subsisting between the two nations, or which is likely to arise. + </p> + <p> + Congress are not likely to adjourn this summer. They have purchased the + Indian right of soil to about fifty millions of acres of land, between the + Ohio and lakes, and expected to make another purchase of an equal + quantity. They have, in consequence, passed an ordinance for disposing of + their lands, and I think a very judicious one. They propose to sell them + at auction for not less than a dollar an acre, receiving their own + certificates of debt as money. I am of opinion all the certificates of our + domestic debt will immediately be exchanged for land, Our foreign debt, in + that case, will soon be discharged. New York and Rhode Island still refuse + the impost. A general disposition is taking place to commit the whole + management of our commerce to Congress. This has been much promoted by the + interested policy of England, which, it was apparent, could not be + counter-worked by the States separately. In the mean time, the other great + towns are acceding to the proceedings of Boston for annihilating, in a + great measure, their commercial connections with Great Britain. I will + send the cipher by a gentleman who goes from here to Madrid about a month + hence. It shall be a copy of the one I gave Mr. Adams. The letter of Don + Gomez has been delivered at the hotel of the Portuguese ambassador, who + is, however, in the country. I am with much respect, Dear Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0106" id="link2H_4_0106"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCV.—TO PETER CARR—Advice to a young man, Aug. 19, 1785 + </h2> + <p> + TO PETER CARR. + </p> + <p> + Paris, August 19, 1785. + </p> + <p> + Dear Peter, + </p> + <p> + I received, by Mr. Mazzei, your letter of April the 20th. I am much + mortified to hear that you have lost so much time; and that when you + arrived in Williamsburg, you were not at all advanced from what you were + when you left Monticello. Time now begins to be precious to you. Every day + you lose, will retard a day your entrance on that public stage whereon you + may begin to be useful to yourself. However, the way to repair the loss is + to improve the future time. I trust, that with your dispositions, even the + acquisition of science is a pleasing employment. I can assure you, that + the possession of it is, what (next to an honest heart) will above all + things render you dear to your friends, and give you fame and promotion in + your own country. When your mind shall be well improved with science, + nothing will be necessary to place you in the highest points of view, but + to pursue the interests of your country, the interests of your friends and + your own interests also, with the purest integrity, the most chaste honor. + The defect of these virtues can never be made up by all the other + acquirements of body and mind. Make these then your first object. Give up + money, give up fame, give up science, give the earth itself and all it + contains, rather than do an immoral act. And never suppose, that in any + possible situation, or under any circumstances, it is best for you to do a + dishonorable thing, however slightly so it may appear to you. Whenever you + are to do a thing, though it can never be known but to yourself, ask + yourself how you would act were all the world looking at you, and act + accordingly. Encourage all your virtuous dispositions, and exercise them + whenever an opportunity arises; being assured that they will gain strength + by exercise, as a limb of the body does, and that exercise will make them + habitual. From the practice of the purest virtue, you may be assured you + will derive the most sublime comforts in every moment of life, and in the + moment of death. If ever you find yourself environed with difficulties and + perplexing circumstances, out of which you are at a loss how to extricate + yourself, do what is right, and be assured that that will extricate you + the best out of the worst situations. Though you cannot see, when you take + one step, what will be the next, yet follow truth, justice, and plain + dealing, and never fear their leading you out of the labyrinth, in the + easiest manner possible. The knot which you thought a Gordian one, will + untie itself before you. Nothing is so mistaken as the supposition, that a + person is to extricate himself from a difficulty by intrigue, by + chicanery, by dissimulation, by trimming, by an untruth, by an injustice. + This increases the difficulties ten fold; and those who pursue these + methods, get themselves so involved at length, that they can turn no way + but their infamy becomes more exposed. It is of great importance to set a + resolution, not to be shaken, never to tell an untruth. There is no vice + so mean, so pitiful, so contemptible; and he who permits himself to tell a + lie once, finds it much easier to do it a second and third time, till a + length it becomes habitual; he tells lies without attending to it, and + truths without the world’s believing him. This falsehood of the tongue + leads to that of the heart, and in time depraves all its good + dispositions. + </p> + <p> + An honest heart being the first blessing, a knowing head is the second. It + is time for you now to begin to be choice in your reading; to begin to + pursue a regular course in it; and not to suffer yourself to be turned to + the right or left by reading any thing out of that course. 1 have long ago + digested a plan for you, suited to the circumstances in which you will be + placed. This I will detail to you, from time to time, as you advance. For + the present, I advise you to begin a course of ancient history, reading + every thing in the original and not in translations. First read + Goldsmith’s History of Greece. This will give you a digested view of that + field. Then take up ancient history in the detail, reading the following + books in the following order: Herodotus, Thucydides, Xenophontis + Hellenica, Xenophontis Anabasis, Arrian, Quintus Curtius, Diodorus + Siculus, Justin. This shall form the first stage of your historical + reading, and is all I need mention to you now. The next, will be of Roman + history.* From that we will come down to modern history. In Greek and + Latin poetry, you have read or will read at school, Virgil, Terence, + Horace, Anacreon, Theocritus, Homer, Euripides, Sophocles. Read also + Milton’s Paradise Lost, Shakspeare, Ossian, Pope’s and Swift’s works, in + order to form your style in your own language. In morality, read + Epictetus, Xenophontis Memorabilia, Plato’s Socratic dialogues, Cicero’s + philosophies, Antoninus, and Seneca. + </p> +<pre xml:space="preserve"> + * Livy, Sullust, Cæsar, Cicero’s Epistles, Suetonius, + Tacitus, Gibbon. +</pre> + <p> + In order to assure a certain progress in this reading, consider what hours + you have free from the school and the exercises of the school. Give about + two of them every day to exercise; for health must not be sacrificed to + learning. A strong body makes the mind strong. As to the species of + exercise, I advise the gun. While this gives a moderate exercise to the + body, it gives boldness, enterprise, and independence to the mind. Games + played with the ball, and others of that nature, are too violent for the + body, and stamp no character on the mind. Let your gun therefore be the + constant companion of your walks. Never think of taking a book with you. + The object of walking is to relax the mind. You should therefore not + permit yourself even to think while you walk; but divert your attention by + the objects surrounding you. Walking is the best possible exercise. + Habituate yourself to walk very far. The Europeans value themselves on + having subdued the horse to the uses of man; but I doubt whether we have + not lost more than we have gained, by the use of this animal. No one has + occasioned so much the degeneracy of the human body. An Indian goes on + foot nearly as far in a day, for a long journey, as an enfeebled white + does on his horse; and he will tire the best horses. There is no habit you + will value so much as that of walking far without fatigue. I would advise + you to take your,exercise in the afternoon: not because it is the best + time for exercise, for certainly it is not; but because it is the best + time to spare from your studies; and habit will soon reconcile it to + health, and render it nearly as useful as if you gave to that the more + precious hours of the day. A little walk of half an hour in the morning, + when you first rise, is advisable also. It shakes off sleep, and produces + other good effects in the animal economy. Rise at a fixed and an early + hour, and go to bed at a fixed and early hour also. Sitting up late at + night is injurious to the health, and not useful to the mind. Having + ascribed proper hours to exercise, divide what remain (I mean of your + vacant hours) into three portions. Give the principal to History, the + other two, which should be shorter, to Philosophy and Poetry. Write to me + once every month or two, and let me know the progress you make. Tell me in + what manner you employ every hour in the day. The plan I have proposed for + you is adapted to your present situation only. When that is changed, I + shall propose a corresponding change of plan. I have ordered the following + books to be sent you from London, to the care of Mr. Madison. Herodotus, + Thucydides, Xenophon’s Hellenics, Anabasis, and Memorabilia, Cicero’s + works, Baretti’s Spanish and English Dictionary, Martin’s Philosophical + Grammar, and Martin’s Philosophia Britannica. I will send you the + following from hence. Bezout’s Mathematics, De la Lande’s Astronomy, + Muschenbroeck’s Physics, Quintus Curtius, Justin, a Spanish Grammar, and + some Spanish books, You will observe that Martin, Bezout, De la Lande, and + Muschenbroeck are not in the preceding plan. They are not to be opened + till you go to the University. You are now, I expect, learning French. You + must push this; because the books which will be put into your hands when + you advance into Mathematics, Natural Philosophy, Natural History, &c. + will be mostly French, these sciences being better treated by the French + than the English writers. Our future connection with Spain renders that + the most necessary of the modern languages, after the French. When you + become a public man, you may have occasion for it, and the circumstance of + your possessing that language may give you a preference over other + candidates. I have nothing further to add for the present, but husband + well your time, cherish your instructors, strive to make every body your + friend; and be assured that nothing will be so pleasing, as your success, + to, Dear Peter, + </p> + <p> + Your’s affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0107" id="link2H_4_0107"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCVI.—TO JOHN PAGE, August 20 1785 + </h2> + <p> + TO JOHN PAGE. + </p> + <p> + Paris, August 20 1785. + </p> + <p> + Dear Page, + </p> + <p> + I received your friendly letter of April the 28th, by Mr. Mazzei, on the + 22nd of July. That of the month before, by Monsieur La Croix, has not come + to hand. This correspondence is grateful to some of my warmest feelings, + as the friendships of my youth are those which adhere closest to me, and + in which I most confide. My principal happiness is now in the retrospect + of life. + </p> + <p> + I thank you for your notes of your operations on the Pennsylvania + boundary. I am in hopes that from yourself, Madison, Rittenhouse, or + Hutchings, I shall receive a chart of the line as actually run. It will be + a great present to me. I think Hutchings promised to send it to me. I have + been much pleased to hear you had it in contemplation, to endeavor to + establish Rittenhouse in our college. This would be an immense + acquisition, and would draw youth to it from every part of the continent. + You will do much more honor to our society, on reviving it, by placing him + at its head, than so useless a member as I should be. I have been so long + diverted from this my favorite line, and that, too, without acquiring an + attachment to my adopted one, that I am become a mongrel, of no decided + order, unowned by any, and incapable of serving any. I should feel myself + out of my true place too, to stand before McLurg. But why withdraw + yourself? You have more zeal, more application, and more constant + attention to the subjects proper to the society, and can, therefore, serve + them best. + </p> + <p> + The affair of the Emperor and Dutch is settled, though not signed. The + particulars have not yet transpired. That of the Bavarian exchange is + dropped, and his views on Venice defeated. The alliance of Russia with + Venice, to prevent his designs in that quarter, and that of the Hanoverian + Elector with the King of Prussia and other members of the Germanic body, + to prevent his acquisition of Bavaria, leave him in a solitary situation. + In truth, he has lost much reputation by his late manoeuvres. He is a + restless, ambitious character, aiming at every thing, persevering in + nothing, taking up designs without calculating the force which will be + opposed to him, and dropping them on the appearance of firm opposition. He + has some just views and much activity. The only quarter in which the peace + of Europe seems at present capable of being disturbed, is on that of the + Porte. It is believed that the Emperor and Empress have schemes in + contemplation for driving the Turks out of Europe. Were this with a view + to re-establish the native Greeks in the sovereignty of their own country, + I could wish them success, and to see driven from that delightful country, + a set of barbarians, with whom an opposition to all science is an article + of religion. The modern Greek is not yet so far departed from its ancient + model, but that we might still hope to see the language of Homer and + Demosthenes flow with purity from the lips of a free and ingenious people. + But these powers have in object to divide the country between themselves. + This is only to substitute one set of barbarians for another, breaking, at + the same time, the balance among the European powers. You have been told + with truth, that the Emperor of Morocco has shown a disposition to enter + into treaty with us: but not truly, that Congress has not attended to his + advances, and thereby disgusted him. It is long since they took measures + to meet his advances. But some unlucky incidents have delayed their + effect. His dispositions continue good. As a proof of this, he has lately + released freely, and clothed well, the crew of an American brig he took + last winter; the only vessel ever taken from us by any of the States of + Barbary. But what is the English of these good dispositions? Plainly this; + he is ready to receive us into the number of his tributaries. What will be + the amount of tribute, remains yet to be known, but it probably will not + be as small as you may have conjectured. It will surely be more than a + free people ought to pay to a power owning only four or five frigates, + under twenty-two guns: he has not a port into which a larger vessel can + enter. The Algerines possess fifteen or twenty frigates, from that size up + to fifty guns. Disinclination on their part has lately broken off a treaty + between Spain and them, whereon they were to have received a million of + dollars, besides great presents in naval stores. What sum they intend we + shall pay, I cannot say. Then follow Tunis and Tripoli. You will probably + find the tribute to all these powers make such a proportion of the federal + taxes, as that every man will feel them sensibly, when he pays those + taxes. The question is whether their peace or war will be cheapest. But it + is a question which should be addressed to our honor, as well as our + avarice. Nor does it respect us as to these pirates only, but as to the + nations of Europe. If we wish our commerce to be free and uninsuked, we + must let these nations see that we have an energy which at present they + disbelieve. The low opinion they entertain of our powers, cannot fail to + involve us soon in a naval war. + </p> + <p> + I shall send you with this, if I can., and if not, then by the first good + conveyance, the <i>Connoissance des Tems</i> for the years 1786 and 1787, + being all as yet published. You will find in these the tables for the + planet Herschel, as far as the observations, hitherto made, admit them to + be calculated. You will see, also, that Herschel was only the first + astronomer who discovered it to be a planet, and not the first who saw it. + Mayer saw it in the year 1756, and placed it in the catalogue of his + zodiacal stars, supposing it to be such. A Prussian astronomer, in the + year 1781, observed that the 964th star of Mayer’s catalogue was missing: + and the calculations now prove that at the time Mayer saw his 964th star, + the planet Herschel should have been precisely in the place where he noted + that star. I shall send you also a little publication here, called the <i>Bibliothèque + Physico-oeconomique</i>. It will communicate all the improvements and new + discoveries in the arts and sciences, made in Europe for some years past. + I shall be happy to hear from you often. Details, political and literary, + and even of the small history of our country, are the most pleasing + communications possible. Present me affectionately to Mrs. Page, and to + your family, in the members of which, though unknown to me, I feel an + interest on account of their parents. Believe me to be with warm esteem, + dear Page, your sincere friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0108" id="link2H_4_0108"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCVII.—TO JOHN JAY, August 23, 1785 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + (Private.) Paris, August 23, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I shall sometimes ask your permission to write you letters, not official, + but private. The present is of this kind, and is occasioned by the + question proposed in yours of June the 14th; ‘Whether it would be useful + to us, to carry all our own productions, or none?’ + </p> + <p> + Were we perfectly free to decide this question, I should reason as + follows. We have now lands enough to employ an infinite number of people + in their cultivation. Cultivators of the earth are the most valuable + citizens. They are the most vigorous, the most independent, the most + virtuous, and they are tied to their country, and wedded to its liberty + and interests, by the most lasting bonds. As long, therefore, as they can + find employment in this line, I would not convert them into mariners, + artisans, or any thing else. But our citizens will find employment in this + line, till their numbers, and of course their productions, become too + great for the demand, both internal and foreign. This is not the case as + yet, and probably will not be for a considerable time. As soon as it is, + the surplus of hands must be turned to something else. I should then, + perhaps, wish to turn them to the sea in preference to manufactures; + because, comparing the characters of the two classes, I find the former + the most valuable citizens. I consider the class of artificers as the + panders of vice, and the instruments by which the liberties of a country + are generally overturned. However, we are not free to decide this question + on principles of theory only. Our people are decided in the opinion, that + it is necessary for us to take a share in the occupation of the ocean, and + their established habits induce them to require that the sea be kept open + to them, and that that line of policy be pursued, which will render the + use of that element to them as great as possible. I think it a duty in + those entrusted with the administration of their affairs, to conform + themselves to the decided choice of their constituents: and that + therefore, we should, in every instance, preserve an equality of right to + them in the transportation of commodities, in the right of fishing, and in + the other uses of the sea. + </p> + <p> + But what will be the consequence? Frequent wars without a doubt. Their + property will be violated on the sea and in foreign ports, their persons + will be insulted, imprisoned, &c. for pretended debts, contracts, + crimes, contraband, &c. &c. These insults must be resented, even + if we had no feelings, yet to prevent their eternal repetition; or, in + other words, our commerce on the ocean and in other countries must be paid + for by frequent war. The justest dispositions possible in ourselves will + not secure us against it. It would be necessary that all other nations + were just also. Justice indeed, on our part, will save us from those wars + which would have been produced by a contrary disposition. But how can we + prevent those produced by the wrongs of other nations? By putting + ourselves in a condition to punish them. Weakness provokes insult and + injury, while a condition to punish, often prevents them. This reasoning + leads to the necessity of some naval force; that being the only weapon + with which we can reach an enemy. I think it to our interest to punish the + first insult: because an insult unpunished is the parent of many others. + We are not, at this moment, in a condition to do it, but we should put + ourselves into it, as soon as possible. If a war with England should take + place, it seems to me that the first thing necessary, would be a + resolution to abandon the carrying trade, because we cannot protect it. + Foreign nations must, in that case, be invited to bring us what we want, + and to take our productions in their own bottoms. This alone could prevent + the loss of those productions to us, and the acquisition of them to our + enemy. Our seamen might be employed in depredations on their trade. But + how dreadfully we shall suffer on our coasts, if we have no force on the + water, former experience has taught us. Indeed, I look forward with horror + to the very possible case of war with an European power, and think there + is no protection against them, but from the possession of some force on + the sea. Our vicinity to their West India possessions, and to the + fisheries, is a bridle which a small naval force, on our part, would hold + in the mouths of the most powerful of these countries. I hope our land + office will rid us of our debts, and that our first attention then will + be, to the beginning a naval force, of some sort. This alone can + countenance our people as carriers on the water, and I suppose them to be + determined to continue such. + </p> + <p> + I wrote you two public letters on the 14th instant, since which I have + received yours of July the 13th. I shall always be pleased to receive from + you, in a private way, such communications as you might not choose to put + into a public letter. + </p> + <p> + I have the honor to be, with very sincere esteem, Dear Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0109" id="link2H_4_0109"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCVIII.—TO COLONEL MONROE, August 28, 1735 + </h2> + <h3> + TO COLONEL MONROE. + </h3> + <p> + Paris, August 28, 1735. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you on the 5th of July by Mr. Franklin, and on the 12th of the + same month by Monsieur Houdon. Since that date, yours of June the 16th, by + Mr. Mazzei, has been received. Every thing looks like peace here. The + settlement between the Emperor and Dutch is not yet published, but it is + believed to be agreed on. Nothing is done, as yet, between him and the + Porte. He is much wounded by the confederation of several of the Germanic + body, at the head of which is the King of Prussia, and to which the King + of England, as Elector of Hanover, is believed to accede. The object is to + preserve the constitution of that empire. It shows that these princes + entertain serious jealousies of the ambition of the Emperor, and this will + very much endanger the election of his nephew as King of the Romans. A + late <i>Arrêt</i> of this court against the admission of British + manufactures produces a great sensation in England. I wish it may produce + a disposition there to receive our commerce in all their dominions, on + advantageous terms. This is the only balm which can heal the wounds that + it has received. It is but too true, that that country furnished markets + for three fourths of the exports of the eight northernmost states. A truth + not proper to be spoken of, but which should influence our proceedings + with them. + </p> + <p> + The July French packet having arrived without bringing any news of Mr. + Lambe, if the English one of the same month be also arrived, without news + of him, I expect Mr. Adams will concur with me in sending some other + person to treat with the Barbary States. Mr. Barclay is willing to go, and + I have proposed him to Mr. Adams, but have not yet received his answer. + The peace expected between Spain and Algiers will probably not take place. + It is said the former was to have given a million of dollars. Would it not + be prudent to send a minister to Portugal? Our commerce with that country + is very important; perhaps more so than with any other country in Europe. + It is possible too, that they might permit our whaling vessels to refresh + in Brazil, or give some other indulgences in America. The lethargic + character of their ambassador here, gives a very unhopeful aspect to a + treaty on this ground. I lately spoke with him on the subject, and he has + promised to interest himself in obtaining an answer from his court. + </p> + <p> + I have waited to see what was the pleasure of Congress, as to the + secretaryship of my office here; that is, to see whether they proposed to + appoint a secretary of legation, or leave me to appoint a private + secretary. Colonel Humphreys’ occupation in the despatches and records of + the matters which relate to the general commissions, does not afford him + leisure to aid me in my office, were I entitled to ask that aid. In the + mean time, the long papers which often accompany the communications + between the ministers here and myself, and the other business of the + office, absolutely require a scribe. I shall, therefore, on Mr. Short’s + return from the Hague, appoint him my private secretary, ‘til congress + shall think proper to signify their pleasure. The salary allowed Mr. + Franklin, in the same office, was one thousand dollars a year. I shall + presume that Mr Short may draw the same allowance from the funds of the + United States here. As soon as I shall have made this appointment, I shall + give official notice of it to Mr. Jay, that Congress may, if they + disapprove it, say so. + </p> + <p> + I am much pleased with your land ordinance, and think it improved from the + first, in the most material circumstances. I had mistaken the object of + the division of the lands among the States. I am sanguine in my + expectations of lessening our debts by this fund, and have expressed my + expectations to the minister and others here. I see by the public papers, + you have adopted the dollar as your money unit. In the arrangement of + coins, I proposed, I ought to have inserted a gold coin of five dollars, + which, being within two shillings of the value of a guinea, would be very + convenient. + </p> + <p> + The English papers are so incessantly repeating their lies, about the + tumults, the anarchy, the bankruptcies, and distresses of America, that + these ideas prevail very generally in Europe. At a large table where I + dined the other day, a gentleman from Switzerland expressed his + apprehensions for the fate of Dr. Franklin, as he said he had been + informed, that he would be received with stones by the people, who were + generally dissatisfied with the Revolution, and incensed against all those + who had assisted in bringing it about. I told him his apprehensions were + just, and that the people of America would probably salute Dr. Franklin + with the same stones they had thrown at the Marquis Fayette. The reception + of the Doctor is an object of very general attention, and will weigh in + Europe, as an evidence of the satisfaction or dissatisfaction of America + with their Revolution. As you are to be in Williamsburg early in November, + this is the last letter I shall write you till about that time. + </p> + <p> + I am, with very sincere esteem, dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0110" id="link2H_4_0110"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER XCIX.—TO CAPTAIN JOHN PAUL JONES, August 29,1785 + </h2> + <p> + TO CAPTAIN JOHN PAUL JONES. + </p> + <p> + Paris, August 29,1785. + </p> + <p> + Sir, + </p> + <p> + I received this moment a letter from the Marechal de Castries, of which + the enclosed is a copy. Having engaged to him to solicit orders for the + payment of any part of this money due to French subjects to be made here, + and moreover engaged that, in the mean time, I will order payment, should + any such claimants offer themselves; I pray you to furnish me with all the + evidence you can, as to what French subjects may be entitled to any part + of the monies you will receive, and to how much, each of them; and also to + advise me by what means I can obtain a certain roll of all such claimants. + </p> + <p> + I am, Sir, with great esteem, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0111" id="link2H_4_0111"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER C.—TO JOHN JAY, August 30,1785 + </h2> + <h3> + TO JOHN JAY. + </h3> + <p> + Paris, August 30,1785. + </p> + <p> + Sir, + </p> + <p> + I had the honor of writing to you on the 14th instant, by a Mr. Cannon of + Connecticut, who was to sail in the packet. Since that date yours of July + the 13th has come to hand. The times for the sailing of the packets being + somewhat deranged, I avail myself of a conveyance for the present, by the + Mr. Fitzhugbs of Virginia, who expect to land at Philadelphia. + </p> + <p> + I enclose you a correspondence which has taken place between the Marechal + de Castries, minister of the Marine, and myself. It is on the subject of + the prize-money, due to the officers and crew of the Alliance, for prizes + taken in Europe, under the command of Captain Jones. That officer has been + here, under the direction of Congress, near two years, soliciting the + liquidation and payment of that money. Infinite delays had retarded the + liquidation till the month of June. It was expected, when the liquidation + was announced to be completed, that the money was to be received. The M. + de Castries doubted the authority of Captain Jones to receive it, and + wrote to me for information. I wrote him a letter dated July the 10th, + which seemed to clear away that difficulty. Another arose. A Mr. + Puchilberg presented powers to receive the money. I wrote then the letter + of August the 3rd, and received that of the M. de Castries, of August the + 12th, acknowledging he was satisfied as to this difficulty, but announcing + another; to wit, that possibly some French subjects might have been on + board the Alliance, and therefore, that Captain Jones ought to give + security for the repayment of their portions. Captain Jones had before + told me there was not a Frenchman on board that vessel, but the captain. I + inquired of Mr. Barclay.. He told me he was satisfied there was not one. + Here, then, was a mere possibility, a shadow of right, opposed to a + certain, to a substantial one, which existed in the mass of the crew, and + which was likely to be delayed; for it was not to be expected that Captain + Jones could, in a strange country, find the security required. These + difficulties I suppose to have been conjured up, one after another, by Mr. + Puchilberg, who wanted to get hold of the money. I saw but one way to cut + short these everlasting delays, which were ruining the officer soliciting + the payment of the money, and keeping our seamen out of what they had + hardly fought for, years ago. This was, to undertake to ask an order from + Congress, for the payment of any French claimants by their banker in + Paris; and, in the mean time, to undertake to order such payment, should + any such claimant prove his title, before the pleasure of Congress should + be made known to me. I consulted with Mr. Barclay, who seemed satisfied I + might venture this undertaking, because no such claim could be presented. + I therefore wrote the letter of August the 17th, and received that of + August the 26th, finally closing this tedious business. Should what I have + done, not meet the approbation of Congress, I would pray their immediate + sense, because it is not probable that the whole of this money will be + paid so hastily, but that their orders may arrive in time to stop a + sufficiency for any French claimants who may possibly exist. The following + paragraph of a letter from Captain Jones, dated L’Orient, August the 25th, + 1785, further satisfies me, that my undertaking amounted to nothing in + fact. He says, ‘It is impossible that any legal demands should be made on + you for French subjects, in consequence of your engagement to the + Marechal. The Alliance was manned in America, and I never heard of any + person’s having served on board that frigate, who had been born in France, + except the captain, who, as I was informed, had, in America, abjured the + church of Rome, and been naturalized.’ Should Congress approve what I have + done, I will then ask their resolution for the payment, by their banker + here, of any such claims as may be properly authenticated, and will + moreover pray of you an authentic roll of the crew of the Alliance, with + the sums to be allowed to each person; on the subject of which roll, + Captain Jones, in the letter above mentioned, says, ‘I carried a set of + the rolls with me to America, and before I embarked in the French fleet at + Boston, I put them into the hands of Mr. Secretary Livingston, and they + were sealed up among the papers of his office, when I left America.’ I + think it possible that Mr. Puchilberg may excite claims. Should any name + be offered which shall not be found on the roll, it will be a sufficient + disproof of the pretension. Should it be found on the roll, it will remain + to prove the identity of person, and to inquire if payment may not have + been made in America. I conjecture from the journals of Congress of June + the 2nd, that Landais, who, I believe, was the captain, may be in America. + As his portion of prize-money may be considerable, I hope it will be + settled in America, where only it can be known whether any advances have + been made him. + </p> + <p> + The person at the head of the post office here, says, he proposed to Dr. + Franklin a convention to facilitate the passage of letters through their + office and ours, and that he delivered a draught of the convention + proposed, that it might be sent to Congress. I think it possible he may be + mistaken in this, as, on my mentioning it to Dr. Franklin, he did not + recollect any such draught having been put into his hands. An answer, + however, is expected by them. I mention it, that Congress may decide + whether they will make any convention on the subject, and on what + principle. The one proposed here was, that for letters passing hence into + America, the French postage should be collected by our post-officers, and + paid every six months, and for letters coming from America here, the + American postage should be collected by the post-officers here, and paid + to us in like manner. A second plan, however, presents itself; that is, to + suppose the sums to be thus collected, on each side, will be equal, or so + nearly equal, that the balance will not pay for the trouble of keeping + accounts, and for the little bickerings that the settlement of accounts + and demands of the balances may occasion: and therefore, to make an + exchange of postage. This would better secure our harmony; but I do not + know that it would be agreed to here. If not, the other might then be + agreed to. + </p> + <p> + I have waited hitherto, supposing that Congress might, possibly, appoint a + secretary to the legation here, or signify their pleasure that I should + appoint a private secretary, to aid me in my office. The communications + between the ministers and myself requiring often that many and long papers + should be copied, and that in a shorter time than could be done by myself, + were I otherwise unoccupied, other correspondences and proceedings, of all + which copies must be retained, and still more the necessity of having some + confidential person, who, in case of any accident to myself, might be + authorized to take possession of the instructions, letters, and other + papers of the office, have rendered it absolutely necessary for me to + appoint a private secretary. Colonel Humphreys finds full occupation, and + often more than he can do, in writing and recording the despatches and + proceedings of the general commissions. I shall, therefore, appoint Mr. + Short, on his return from the Hague, with an express condition, that the + appointment shall cease whenever Congress shall think proper to make any + other arrangement. He will, of course, expect the allowance heretofore + made to the private secretaries of the ministers, which, I believe, has + been a thousand dollars a year. + </p> + <p> + An improvement is made here in the construction of muskets, which it may + be interesting to Congress to know, should they at any time propose to + procure any. It consists in the making every part of them so exactly + alike, that what belongs to any one, may be used for every other musket in + the magazine. The government here has examined and approved the method, + and is establishing a large manufactory for the purpose of putting it into + execution. As yet, the inventor has only completed the lock of the musket, + on this plan. He will proceed immediately to have the barrel, stock, and + other parts, executed in the same way. Supposing it might be useful to the + United States, I went to the workman. He presented me the parts of fifty + locks taken to pieces, and arranged in compartments. I put several + together myself, taking pieces at hazard as they came to hand, and they + fitted in the most perfect manner. The advantages of this, when arms need + repair, are evident. He effects it by tools of his own contrivance, which, + at the same time, abridge the work, so that he thinks he shall be able to + furnish the musket two livres cheaper than the common price. But it will + be two or three years before he will be able to furnish any quantity. I + mention it now, as it may have an influence on the plan for furnishing our + magazines with this arm. + </p> + <p> + Every thing in Europe remains as when I wrote you last. The peace between + Spain and Algiers has the appearance of being broken off. The French + packet having arrived without Mr. Lambe, or any news of him, I await Mr. + Adams’s acceding to the proposition mentioned in my last. I send you the + Gazettes of Leyden and France to this date, and have the honor to be, with + the highest respect and esteem, Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0112" id="link2H_4_0112"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CI.—TO JAMES MADISON, September 1,1785 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Paris, September 1,1785. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you by Monsieur de Doradour, was dated May the 11th. Since + that, I have received yours of January the 22nd with six copies of the + revisal, and that of April the 27th by Mr. Mazzei. + </p> + <p> + All is quiet here. The Emperor and Dutch have certainly agreed, though + they have not published their agreement. Most of his schemes in Germany + must be postponed, if they are not prevented by the confederacy of many of + the Germanic body, at the head of which is the King of Prussia, and to + which the Elector of Hanover is supposed to have acceded. The object of + the league is to preserve the members of the empire in their present + state. I doubt whether the jealousy entertained of this prince, and which + is so fully evidenced by this league, may not defeat the election of his + nephew to be King of the Romans, and thus produce an instance of breaking + the lineal succession. Nothing is as yet done between him and the Turks. + If any thing is produced in that quarter, it will not be for this year. + The court of Madrid has obtained the delivery of the crew of the brig + Betsey, taken by the Emperor of Morocco. The Emperor had treated them + kindly, new-clothed them, and delivered them to the Spanish minister, who + sent them to Cadiz. This is the only American vessel ever taken by the + Barbary States. The Emperor continues to give proofs of his desire to be + in friendship with us, or, in other words, of receiving us into the number + of his tributaries. Nothing further need be feared from him. I wish the + Algerines may be as easily dealt with. I fancy the peace expected between + them and Spain is not likely to take place. I am well informed that the + late proceedings in America have produced a wonderful sensation in England + in our favor. I mean the disposition, which seems to be becoming general, + to invest Congress with the regulation of our commerce, and, in the mean + time, the measures taken to defeat the avidity of the British government, + grasping at our carrying business. I can add with truth, that it was not + till these symptoms appeared in America, that I have been able to discover + the smallest token of respect towards the United States, in any part of + Europe. There was an enthusiasm towards us, all over Europe, at the moment + of the peace. The torrent of lies published unremittingly, in every day’s + London paper, first made an impression, and produce a coolness. The + republication of these lies in most of the papers of Europe (done probably + by authority of the governments to discourage emigrations) carried them + home to the belief of every mind. They supposed every thing in America was + anarchy, tumult, and civil war. The reception of the Marquis Fayette gave + a check to these ideas. The late proceedings seem to be producing a + decisive vibration in our favor. I think it possible that England may ply + before them. It is a nation which nothing but views of interest can + govern. If they produce us good there, they will here also. The defeat of + the Irish propositions is also in our favor. + </p> + <p> + I have at length made up the purchase of books for you, as far as it can + be done at present. The objects which I have not yet been able to get, I + shall continue to seek for. Those purchased, are packed this morning in + two trunks, and you have the catalogue and prices herein inclosed. The + future charges of transportation shall be carried into the next bill. The + amount of the present is 1154 livres, 13 sous, which, reckoning the French + crown of six livres at six shillings and eight pence, Virginia money, is + £64. 3s., which sum you will be so good as to keep in your hands, to be + used occasionally in the education of my nephews, when the regular + resources disappoint you. To the same use I would pray you to apply + twenty-five guineas, which I have lent the two Mr. Fitz-hughs of Marmion, + and which I have desired them to repay into your hands. You will of course + deduct the price of the revisals, and of any other articles you may have + been so kind as to pay for me. Greek and Roman authors are dearer here, + than, I believe, any where in the world. Nobody here reads them; wherefore + they are not reprinted. Don Ulloa, in the original, is not to be found. + The collection of tracts on the economies of different nations, we cannot + find; nor Amelot’s Travels into China. I shall send these two trunks of + books to Havre, there to wait a conveyance to America; for as to the + fixing the packets there, it is as uncertain as ever. The other articles + you mention, shall be procured as far as they can be. Knowing that some of + them would be better got in London, I commissioned Mr. Short, who was + going there, to get them. He has not yet returned. They will be of such a + nature as that I can get some gentleman who may be going to America, to + take them in his portmanteau. Le Maire being now able to stand on his own + legs, there will be no necessity for your advancing him the money I + desired, if it is not already done. I am anxious to hear from you on the + subject of my Notes on Virginia. I have been obliged to give so many of + them here, that I fear their getting published. I have received an + application from the Directors of the public buildings, to procure them a + plan for their capitol. I shall send them one taken from the best morsel + of ancient architecture now remaining. It has obtained the approbation of + fifteen or sixteen centuries, and is, therefore, preferable to any design + which might be newly contrived. It will give more room, be more + convenient, and cost less, than the plan they sent me. Pray encourage them + to wait for it, and to execute it. It will be superior in beauty to any + thing in America, and not inferior to any thing in the world. It is very + simple. Have you a copying press? If you have not, you should get one. + Mine (exclusive of paper, which costs a guinea a ream) has cost me about + fourteen guineas. I would give ten times that sum, to have had it from the + date of the stamp act. I hope you will be so good as to continue your + communications, both of the great and small kind, which are equally useful + to me. Be assured of the sincerity with which I am, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0113" id="link2H_4_0113"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CII.—TO MESSRS. DUMAS AND SHORT, September 1, 1785 + </h2> + <p> + TO MESSRS. DUMAS AND SHORT. + </p> + <p> + Paris, September 1, 1785. + </p> + <p> + Gentlemen, + </p> + <p> + I have been duly honored with the receipt of your separate letters of + August 23rd, and should sooner have returned an answer, but that as you + had written also to Mr. Adams, I thought it possible I might receive his + sentiments on the subject, in time for the post. Not thinking it proper to + lose the occasion of the post, I have concluded to communicate to you my + separate sentiments, which you will of course pay attention to, only so + far as they may concur with what you shall receive from Mr. Adams. + </p> + <p> + On a review of our letters to the Baron de Thulemeyer, I do not find that + we had proposed that the treaty should be in two columns, the one English, + and the other what he should think proper. We certainly intended to have + proposed it. We had agreed together that it should be an article of system + with us, and the omission of it, in this instance, has been accidental. My + own opinion, therefore, is, that to avoid the appearance of urging new + propositions when every thing appeared to be arranged, we should agree to + consider the French column as the original, if the Baron de Thulemeyer + thinks himself bound to insist on it: but if the practice of his court + will admit of the execution in the two languages, each to be considered as + equally original, it would be very pleasing to me, as it will accommodate + it to our views, relieve us from the embarrassment of this precedent, + which may be urged against us on other occasions, and be more agreeable to + our country, where the French language is spoken by very few. This method + will be also attended with the advantage, that if any expression in any + part of the treaty is equivocal in the one language, its true sense will + be known by the corresponding passage in the other. + </p> + <p> + The errors of the copyist, in the French column, you will correct of + course. + </p> + <p> + I have the honor to be, with very high esteem, Gentlemen, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0114" id="link2H_4_0114"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CIII.—TO JOHN ADAMS, September 4, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, September 4, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + On receipt of your favors of August the 18th and 23rd, I conferred with + Mr. Barclay on the measures necessary to be taken to set our treaty with + the piratical States into motion, through his agency. Supposing that we + should begin with the Emperor of Morocco, a letter to the Emperor and + instructions to Mr. Barclay, seemed necessary. I have therefore sketched + such outlines for these, as appear to me to be proper. You will be so good + as to detract, add to, or alter them as you please, to return such as you + approve under your signature, to which I will add mine. A person + understanding English, French, and Italian, and at the same time meriting + confidence, was not to be met with here. Colonel Franks, understanding the + two first languages perfectly, and a little Spanish instead of Italian, + occurred to Mr. Barclay as the fittest person he could employ for a + secretary. We think his allowance (exclusive of his travelling expenses + and his board, which will be paid by Mr. Barclay in common with his own) + should be between one hundred and one hundred and fifty guineas a year. + Fix it where you please, between these limits. What is said in the + instructions to Mr. Barclay, as to his own allowance, was proposed by + himself. My idea as to the partition of the whole sum to which we are + limited (eighty thousand dollars), was, that one half of it should be kept + in reserve for the Algerines. They certainly possess more than half the + whole power of the piratical States. I thought then, that Morocco might + claim the half of the remainder, that is to say, one fourth of the whole. + For this reason, in the instructions, I propose twenty thousand dollars as + the limit of the expenses of the Morocco treaty. Be so good as to think of + it, and make it what you please. I should be more disposed to enlarge than + abridge it, on account of their neighborhood to our Atlantic trade. I did + not think that these papers should be trusted through the post office, and + therefore, as Colonel Franks is engaged in the business, he comes with + them. Passing by the diligence, the whole expense will not exceed twelve + or fourteen guineas. I suppose we are bound to avail ourselves of the + co-operation of France. I will join you, therefore, in any letter you + think proper to write to the Count de Vergennes. Would you think it + expedient to write to Mr. Carmichael, to interest the interposition of the + Spanish court? I will join you in any thing of this kind you will + originate. In short, be so good as to supply whatever you may think + necessary. With respect to the money, Mr. Jay’s information to you was, + that it was to be drawn from Holland. It will rest therefore with you, to + avail Mr. Barclay of that fund, either by your draft, or by a letter of + credit to the bankers in his favor, to the necessary amount. I imagine the + Dutch consul at Morocco may be rendered an useful character, in the + remittances of money to Mr. Barclay, while at Morocco. + </p> + <p> + You were apprised, by a letter from Mr. Short, of the delay which had + arisen in the execution of the treaty with Prussia. I wrote a separate + letter, of which I enclose you a copy, hoping it would meet one from you, + and set them again into motion. + </p> + <p> + I have the honor to be, with the highest respect, Dear Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + [The following are the sketches of the letter to the Emperor of Morocco, + and of the instructions to Mr. Barclay, referred to in the preceding + letter.] + </p> + <p> + HEADS FOR A LETTER TO THE EMPEROR OF MOROCCO. + </p> + <p> + That the United States of America, heretofore connected in government with + Great Britain, had found it necessary for their happiness to separate from + her, and to assume an independent station. + </p> + <p> + That, consisting of a number of separate States, they had confederated + together, and placed the sovereignty of the whole, in matters relating to + foreign nations, in a body consisting of delegates from every State, and + called the Congress of the United States. + </p> + <p> + That Great Britain had solemnly confirmed their separation and + acknowledged their independence. + </p> + <p> + That after the conclusion of the peace, which terminated the war in which + they had been engaged for the establishment of their independence, the + first attentions of Congress were necessarily engrossed by the + re-establishment of order and regular government. + </p> + <p> + That they had, as soon as possible, turned their attention to foreign + nations, and, desirous of entering into amity and commerce with them, had + been pleased to appoint us, with Dr. Benjamin Franklin, to execute such + treaties for this purpose, as should be agreed on by such nations, with + us, or any two of us. + </p> + <p> + That Dr. Franklin having found it, necessary to return to America, the + execution of these several commissions had devolved on us. That being + placed as Ministers Plenipotentiary for the United States at the courts of + England and France; this circumstance, with the commissions with which we + are charged for entering into treaties with various other nations, puts it + out of our power to attend at the other courts in person, and obliges us + to negotiate by the intervention of confidential persons. + </p> + <p> + That, respecting the friendly dispositions shown by his Majesty, the + Emperor of Morocco, towards the United States, and indulging the desire of + forming a connection with a sovereign, so renowned for his power, his + wisdom, and his justice, we had embraced the first moment possible, of + assuring him of these the sentiments of our country and of ourselves, and + of expressing to him our wishes to enter into a connection of friendship + and commerce with him. That for this purpose, we had commissioned the + bearer hereof, Thomas Barclay, a person in the highest confidence of the + Congress of the United States, and as such, having been several years, and + still being, their consul general with our great and good friend and ally, + the King of France, to arrange with his Majesty the Emperor, those + conditions which it might be advantageous for both nations to adopt, for + the regulation of their commerce, and their mutual conduct towards each + other. + </p> + <p> + That we deliver to him a copy of the full powers with which we are + invested, to conclude a treaty with his Majesty, which copy he is + instructed to present to his Majesty. + </p> + <p> + That though by these, we are not authorized to delegate to him the power + of ultimately signing the treaty, yet such is our reliance on his wisdom, + his integrity, and his attention to the instructions with which he is + charged, that we assure his Majesty, the conditions which he shall arrange + and send to us, shall be returned with our signature, in order to receive + that of the person whom his Majesty shall commission for the same purpose. + </p> + <p> + HEADS OF INSTRUCTION TO MR. BARCLAY. + </p> + <p> + Congress having been pleased to invest us with full powers for entering + into a treaty of amity and alliance with the Emperor of Morocco, and it + being impracticable for us to attend his court in person, and equally + impracticable, on account of our separate stations, to receive a minister + from him, we have concluded to effect our object by the intervention of a + confidential person. We concur in wishing to avail the United States of + your talents in the execution of this business, and therefore furnish you + with a letter to the Emperor of Morocco, to give due credit to your + transactions with him. + </p> + <p> + We advise you to proceed by the way of Madrid, where you will have + opportunities of deriving many lights from Mr. Carmichael, through whom + many communications with the court of Morocco have already passed. + </p> + <p> + From thence you will proceed, by such route as you shall think best, to + the court of the Emperor. + </p> + <p> + You will present to him our letter, with the copy of our full powers, with + which you are furnished, at such time or times, and in such manner, as you + shall find best. + </p> + <p> + You will proceed to negotiate with his minister the terms of a treaty of + amity and commerce, as nearly conformed as possible to the draught we give + you. Where alterations, which, in your opinion, shall not be of great + importance, shall be urged by the other party, you are at liberty to agree + to them. Where they shall be of great importance, and such as you think + should be rejected, you will reject them: but where they are of great + importance, and you think they may be accepted, you will ask time to take + our advice, and will advise with us accordingly, by letter or by courier, + as you shall think best. When the articles shall all be agreed, you will + send them to us by some proper person, for our signature. + </p> + <p> + The whole expense of this treaty, including as well the expenses of all + persons employed about it, as the presents to the Emperor and his + servants, must not exceed twenty thousand dollars: and we urge you to use + your best endeavors, to bring it as much below that sum as you possibly + can. As custom may have rendered some presents necessary in the beginning + or progress of this business, and before it is concluded, or even in a way + to be concluded, we authorize you to conform to the custom, confiding in + your discretion to hazard as little as possible, before a certainty of the + event. We trust to you also to procure the best information, as to what + persons, and in what form, these presents should be made, and to make them + accordingly. + </p> + <p> + The difference between the customs of that and other courts, the + difficulty of obtaining knowledge of those customs, but on the spot, and + our great confidence in your discretion, induce us to leave to that, all + other circumstances relative to the object of your mission. It will be + necessary for you to take a secretary, well skilled in the French + language, to aid you in your business, and to take charge of your papers + in case of any accident to yourself. We think you may allow him ¦————-guineas + a year, besides his expenses for travelling and subsistence. We engage to + furnish your own expenses, according to the respectability of the + character with which you are invested, but as to the allowance for your + trouble, we wish to leave it to Congress. We annex hereto sundry heads of + inquiry which we wish you to make, and to give us thereon the best + information you shall be able to obtain. We desire you to correspond with + us by every opportunity which you think should be trusted, giving us, from + time to time, an account of your proceedings and prospects. + </p> + <p> + HEADS OF INQUIRY FOR MR. BARCLAY, AS TO MOROCCO. + </p> + <p> + 1. Commerce. What are the articles of their export and import? What duties + are levied by them on exports and imports? Do all nations pay the same, or + what nations are favored, and how far? Are they their own carriers, or who + carries for them? Do they trade themselves to other countries, or are they + merely passive? + </p> + <p> + 2. Ports. What are their principal ports? What depth of water in them? + What works of defence protect these ports? + </p> + <p> + 3. Naval force. How many armed vessels have they? Of what kind and force? + What is the constitution of their naval force? What resources for + increasing their navy? What number of seamen? Their cruising grounds, and + seasons of cruising? + </p> + <p> + 4. Prisoners. What is their condition and treatment? At what price are + they ordinarily redeemed, and how? + </p> + <p> + Do they pay respect to the treaties they make? + </p> + <p> + Land forces. Their numbers, constitution, and respectability? + </p> + <p> + Revenues. Their amount. + </p> + <p> + Coins. What coins pass there, and at what rates? + </p> + <p> + <a name="link2H_4_0115" id="link2H_4_0115"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CIV.—TO DAVID HARTLEY, September 5, 1785 + </h2> + <p> + TO DAVID HARTLEY. + </p> + <p> + Paris, September 5, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of April the 15th happened to be put into my hands at the same + time with a large parcel of letters from America, which contained a + variety of intelligence. It was then put where I usually place my + unanswered letters; and I, from time to time, put off acknowledging the + receipt of it, till I should be able to furnish you American intelligence + worth communicating. A favorable opportunity, by a courier, of writing to + you occurring this morning, what has been my astonishment and chagrin on + reading your letter again, to find there was a case in it which required + an immediate answer, but which, by the variety of matters, which happened + to be presented to my mind, at the same time, had utterly escaped my + recollection. I pray you to be assured, that nothing but this slip of + memory would have prevented my immediate answer, and no other circumstance + would have prevented its making such an impression on my mind, as that it + could not have escaped. I hope you will therefore obliterate the + imputation of want of respect, which, under actual appearances, must have + arisen in your mind, but which would refer to an untrue cause the occasion + of my silence. I am not sufficiently acquainted with the proceedings of + the New York Assembly, to say, with certainty, in what predicament the + lands of Mr. Upton may stand. But on conferring with Colonel Humphreys, + who, being from the neighboring State, was more in the way of knowing what + passed in New York, he thinks that the descriptions in their confiscation + laws were such, as not to include a case of this nature. The first thing + to be done by Mr. Upton is, to state his case to some intelligent lawyer + of the country, that he may know with certainty whether they be + confiscated, or not; and if not confiscated, to know what measures are + necessary for completing and securing his grant. But if confiscated, there + is then no other tribunal of redress but their General Assembly. If he is + unacquainted there, I would advise him to apply to Colonel Hamilton, who + was aid to General Washington, and is now very eminent at the bar, and + much to be relied on. Your letter in his favor to Mr. Jay will also + procure him the benefit of his counsel. + </p> + <p> + With respect to America, I will rather give you a general view of its + situation, than merely relate recent events. The impost is still unpassed + by the two States of New York and Rhode Island: for the manner in which + the latter has passed it does not appear to me to answer the principal + object, of establishing a fund, which, by being subject to Congress alone, + may give such credit to the certificates of public debt, as will make them + negotiable. This matter, then, is still suspended. + </p> + <p> + Congress have lately purchased the Indian right to nearly the whole of the + land lying in the new State, bounded by lake Erie, Pennsylvania, and the + Ohio. The northwestern corner alone is reserved to the Delawares and + Wyandots. I expect a purchase is also concluded with other tribes, for a + considerable proportion of the State next to this, on the north side of + the Ohio. They have passed an ordinance establishing a land-office, + considerably improved, I think, on the plan, of which I had the honor of + giving you a copy. The lands are to be offered for sale to the highest + bidder. For this purpose, portions of them are to be proposed in each + State, that each may have the means of purchase carried equally to their + doors, and that the purchasers may be a proper mixture of the citizens + from all the different States. But such lots as cannot be sold for a + dollar an acre, are not to be parted with. They will receive as money the + certificates of public debt. I flatter myself that this arrangement will + very soon absorb the whole of these certificates, and thus rid us of our + domestic debt, which is four fifths of our whole debt. Our foreign debt + will be then a bagatelle. + </p> + <p> + I think it probable that Vermont will be made independent, as I am told + the State of New York is likely to agree to it. Maine will probably in + time be also permitted to separate from Massachusetts. As yet, they only + begin to think of it. Whenever the people of Kentucky shall have agreed + among themselves, my friends write me word, that Virginia will consent to + their separation. They will constitute the new State on the south side of + Ohio, joining Virginia. North Corolina, by an act of their Assembly, ceded + to Congress all their lands westward of the Allegany. The people + inhabiting that territory thereon declared themselves independent, called + their State by the name of Franklin, and solicited Congress to be received + into the Union. But before Congress met, North Carolina (for what reasons + I could never learn) resumed their session. The people, however, persist; + Congress recommend to the State to desist from their opposition, and I + have no doubt they will do it. It will, therefore, result from the act of + Congress laying off the western country into new States, that these States + will come into the Union in the manner therein provided, and without any + disputes as to their boundaries. + </p> + <p> + I am told that some hostile transaction by our people at the Natchez, + against the Spaniards, has taken place. If it be a fact, Congress will + certainly not protect them, but leave them to be chastised by the + Spaniards, saving the right to the territory. A Spanish minister being now + with Congress, and both parties interested in keeping the peace, I think, + if such an event has happened, it will be easily arranged. + </p> + <p> + I told you when here, of the propositions made by Congress to the States, + to be authorized to make certain regulations in their commerce; and, that + from the disposition to strengthen the hands of Congress, which was then + growing fast, I thought they would consent to it. Most of them did so, and + I suppose all of them would have done it, if they have not actually done + it, but that events proved a much more extensive power would be requisite. + Congress have, therefore, desired to be invested with the whole regulation + of their trade, and for ever; and to prevent all temptations to abuse the + power, and all fears of it, they propose that whatever monies shall be + levied on commerce, either for the purpose of revenue, or by way of + forfeitures or penalty, shall go directly into the coffers of the State + wherein it is levied, without being touched by Congress. From the present + temper of the States, and the conviction which your country has carried + home to their minds, that there is no other method of defeating the greedy + attempts of other countries to trade with them on unequal terms, I think + they will add an article for this purpose to their Confederation. But the + present powers of Congress over the commerce of the States, under the + Confederation, seem not at all understood by your ministry. They say that + body has no power to enter into a treaty of commerce; why then make one? + This is a mistake. By the sixth article of the Confederation, the States + renounce, individually, all power to make any treaty, of whatever nature, + with a foreign nation. By the ninth article, they give the power of making + treaties wholly to Congress with two reservations only. 1. That no treaty + of commerce shall be made, which shall restrain the legislatures from + making foreigners pay the same imposts with their own people: nor 2. from + prohibiting the exportation or importation of any species of merchandise, + which they might think proper. Were any treaty to be made which should + violate either of these two reservations, it would be so far void. In the + treaties, therefore, made with France, Holland, &c. this has been + cautiously avoided. But are these treaties of no advantage to these + nations? Besides the advantages expressly given by them, there results + another, of great value. The commerce of those nations with the United + States is thereby under the protection of Congress, and no particular + State, acting by fits and starts, can harass the trade of France, Holland, + &c. by such measures as several of them have practised against + England, by loading her merchandise with partial imposts, refusing + admittance to it altogether, excluding her merchants, &c. &c. For + you will observe, that though, by the second reservation before mentioned, + they can prohibit the importation of any species of merchandise, as, for + instance, though they may prohibit the importation of wines in general, + yet they cannot prohibit that of French wines in particular. Another + advantage is, that the nations having treaties with Congress, can and do + provide in such treaties for the admission of their consuls, a kind of + officer very necessary for the regulation and protection of commerce. You + know that a consul is the creature of treaty. No nation, without an + agreement, can place an officer in another country, with any powers or + jurisdiction whatever. But as the States have renounced the separate power + of making treaties with foreign nations, they cannot separately receive a + consul: and as Congress have, by the Confederation, no immediate + jurisdiction over commerce, as they have only a power of bringing that + jurisdiction into existence by entering into a treaty, till such treaty be + entered into, Congress themselves cannot receive a consul. Till a treaty + then, there exists no power in any part of our government, federal or + particular, to admit a consul among us: and if it be true, as the papers + say, that you have lately sent one over, he cannot be admitted by any + power in existence to an exercise of any function. Nothing less than a new + article, to be agreed to by all the States, would enable Congress, or the + particular States, to receive him. You must not be surprised then, if he + be not received. + </p> + <p> + I think I have by this time tired you with American politics, and will + therefore only add assurances of the sincere regard and esteem, with which + I have the honor to be, Dear Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0116" id="link2H_4_0116"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CV.—TO BARON GEISMER, September 6, 1785 + </h2> + <p> + TO BARON GEISMER. + </p> + <p> + Paris, September 6, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your letter of March the 28th, which I received about a month after its + date, gave me a very real pleasure, as it assured me of an existence which + I valued, and of which I had been led to doubt. You are now too distant + from America, to be much interested in what passes there. From the London + gazettes, and the papers copying them, you are led to suppose that all + there is anarchy, discontent, and civil war. Nothing, however, is less + true. There are not on the face of the earth, more tranquil governments + than ours, nor a happier and more contented people. Their commerce has not + as yet found the channels, which their new relations with the world will + offer to best advantage, and the old ones remain as yet unopened by new + conventions. This occasions a stagnation in the sale of their produce, the + only truth among all the circumstances published about them. Their hatred + against Great Britain, having lately received from that nation new cause + and new aliment, has taken a new spring. Among the individuals of your + acquaintance, nothing remarkable has happened. No revolution in the + happiness of any of them has taken place, except that of the loss of their + only child to Mr. and Mrs. Walker, who, however, left them a grandchild + for their solace, and that of your humble servant, who remains with no + other family than two daughters, the elder here (who was of your + acquaintance), the younger in Virginia, but expected here the next summer. + The character in which I am here, at present, confines me to this place, + and will confine me as long as I continue in Europe. How long this will + be, I cannot tell. I am now of an age which does not easily accommodate + itself to new manners and new modes of living: and I am savage enough to + prefer the woods, the wilds, and the independence of Monticello, to all + the brilliant pleasures of this gay capital. I shall, therefore, rejoin + myself to my native country, with new attachments, and with exaggerated + esteem for its advantages; for though there is less wealth there, there is + more freedom, more ease, and less misery. I should like it better, + however, if it could tempt you once more to visit it: but that is not to + be expected. Be this as it may, and whether fortune means to allow or deny + me the pleasure of ever seeing you again, be assured that the worth which + gave birth to my attachment, and which still animates it, will continue to + keep it up while we both live, and that it is with sincerity I subscribe + myself, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0117" id="link2H_4_0117"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CVI.—TO JOHN LANGDON, September 11, 1785 + </h2> + <p> + TO JOHN LANGDON. + </p> + <p> + Paris, September 11, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your Captain Yeaton being here, furnishes me an opportunity of paying the + tribute of my congratulations on your appointment to the government of + your State, which I do sincerely. He gives me the grateful intelligence of + your health, and that of Mrs. Langdon. Anxious to promote your service, + and believing he could do it by getting himself naturalized here, and + authorized to command your vessel he came from Havre to Paris. But on + making the best inquiries I could, it seemed that the time requisite to go + through with this business, would be much more than he could spare. He + therefore declined it. I wish it were in my power to give you a hope that + our commerce, either with this country, or its islands, was likely to be + put on better footing. But if it be altered at all, it will probably be + for the worse. The regulations respecting their commerce are by no means + sufficiently stable to be relied on. + </p> + <p> + Europe is in quiet, and likely to remain so. The affairs of the Emperor + and Dutch are as good as settled, and no other cloud portends any + immediate storm. You have heard much of American vessels taken by the + Barbary pirates. The Emperor of Morocco took one last winter (the brig + Betsey of Philadelphia); he did not however reduce the crew to slavery, + nor confiscate the vessel or cargo. He has lately delivered up the crew on + the solicitation of the Spanish court. No other has ever been taken by + them. There are, indeed, rumors of one having been lately taken by the + Algerines. The fact is possible, as there is nothing to hinder their + taking them, but it is not as yet confirmed. I have little doubt that we + shall be able to place our commerce on a popular footing with the Barbary + States this summer, and thus not only render our navigation to Portugal + and Spain safe, but open the Mediterranean as formerly. In spite of + treaties, England is still our enemy. Her hatred is deep-rooted and + cordial, and nothing is wanting with her but the power, to wipe us and the + land we live on out of existence. Her interest, however, is her ruling + passion! and the late American measures have struck at that so vitally, + and with an energy, too, of which she had thought us quite incapable, that + a possibility seems to open of forming some arrangement with her. When + they shall see decidedly, that, without it we shall suppress their + commerce with us, they will be agitated by their avarice on the one hand, + and their hatred and their fear of us on the other. The result of this + conflict of dirty passions is yet to be awaited. The body of the people of + this country love us cordially. But ministers and merchants love nobody. + The merchants here are endeavoring to exclude, us from their islands. The + ministers will be governed in it by political motives, and will do it, or + not do it, as these shall appear to dictate, without love or hatred to any + body. It were to be wished that they were able to combine better the + various circumstances, which prove, beyond a doubt, that all the + advantages of their colonies result, in the end, to the mother country. I + pray you to present me in the most friendly terms to Mrs. Langdon, and be + assured of the esteem with which I am + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson + </p> + <p> + <a name="link2H_4_0118" id="link2H_4_0118"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CVII.—LISTER ASQUITH, September 14, 1785 + </h2> + <p> + TO LISTER ASQUITH. + </p> + <p> + Paris, September 14, 1785. + </p> + <p> + Sir, + </p> + <p> + Several of your letters have been received, and we have been occupied in + endeavors to have you discharged: but these have been ineffectual. If our + information be right, you are mistaken in supposing you are already + condemned. The Farmers General tell us, you are to be tried at Brest, and + this trial may perhaps be a month hence. From that court you may appeal to + the Parliament of Rennes, and from that to the King in Council. They say, + that from the depositions sent to them, there can be no doubt you came to + smuggle, and that in that case, the judgment of the law is a forfeiture of + the vessel and cargo, a fine of a thousand livres on each of you, and six + years’ condemnation to the galleys. These several appeals will be attended + with considerable expense. They offer to discharge your persons and vessel + (but not the cargo) on your paying two thousand livres, and the costs + already incurred; which are three or four hundred more. You will therefore + choose, whether to go through the trial, or to compromise, and you are the + best judge, what may be the evidence for or against you. In either case, I + shall render you all the service I can. I will add, that if you are + disposed to have the matter tried, I am of opinion, that, if found against + you, there will be no danger of their sending you to the galleys; so that + you may decide what course you will take, without any bias from that fear. + If you choose to compromise, I will endeavor to have it done for you, on + the best terms we can. I fear they will abate little from the two thousand + livres, because Captain Deville, whom you sent here, fixed the matter by + offering that sum, and has done you more harm than good. I shall be glad + if you will desire your lawyer to make out a state of your case, (which he + may do in French,) and send it to me. Write me also yourself a plain and + full narration of your voyage, and the circumstances which have brought so + small a vessel, with so small a cargo, from America into France. As far as + we yet know them, they are not in your favor. Inform me who you are, and + what papers you have on board. But do not state to me a single fact which + is not true: for if I am led by your information to advance any thing + which they shall prove to be untrue, I will abandon your case from that + moment: whereas, sending me a true statement, I will make the best of it I + can. Mr. Barclay, the American consul, will be here some few days yet. He + will be, as he has already been, of much service to you, if the + information I ask both from yourself and your lawyer, can come before his + departure. I repeat my assurances of doing whatever I can for you, and am, + Sir, + </p> + <p> + your very humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0119" id="link2H_4_0119"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CVIII.—TO JOHN ADAMS, September 19, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, September 19, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Lambe has arrived. He brings new full powers to us from Congress, to + appoint persons to negotiate with the Barbary States; but we are to sign + the treaties. Lambe has not even a recommendation from them to us, but it + seems clear that he would be approved by them. I told him of Mr. Barclay’s + appointment to Morocco, and proposed Algiers to him. He agrees. A small + alteration in the form of our despatches will be necessary, and, of + course, another courier shall be despatched to you on the return of + Colonel Franks, for your pleasure herein. + </p> + <p> + I am, with great esteem, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson.* + </p> +<pre xml:space="preserve"> + [* The original of the above was in cipher; though, as in + the case of most of the Author’s letters in cipher, he + prepared and preserved a literal copy of it.] +</pre> + <p> + <a name="link2H_4_0120" id="link2H_4_0120"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CIX.—TO JAMES MADISON, September 20, 1785 + </h2> + <p> + TO JAMES MADISON. + </p> + <p> + Paris, September 20, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + By Mr. Fitzhugh, you will receive my letter of the first instant. He is + still here, and gives me an opportunity of again addressing you much + sooner than I should have done, but for the discovery of a great piece of + inattention. In that letter I send you a detail of the cost of your books, + and desire you to keep the amount in your hands, as if I had forgot that a + part of it was in fact your own, as being a balance of what I had remained + in your debt. I really did not attend to it in the moment of writing, and + when it occurred to me, I revised my memorandum book from the time of our + being in Philadelphia together, and stated our account from the beginning, + lest I should forget or mistake any part of it. I enclose you this + statement. You will always be so good as to let me know, from time to + time, your advances for me. Correct with freedom all my proceedings for + you, as, in what I do, I have no other desire than that of doing exactly + what will be most pleasing to you. + </p> + <p> + I received this summer a letter from Messrs. Buchanan and Hay, as + Directors of the public buildings desiring I would have drawn for them + plans of sundry buildings, and, in the first place, of a capital. They + fixed; for their receiving this plan, a day which Was within about six + weeks of that on which their letter came to my hand. I engaged an + architect of capital abilities in this business. Much time was requisite, + after the external form was agreed on, to make the internal distribution + convenient for the three branches of government. This time was much + lengthened by my avocations to other objects, which I had no right to + neglect. The plan however Was settled. The gentlemen had sent me one which + they had thought of. The one agreed on here is more convenient, more + beautiful, gives more room, and will not cost more than two thirds of what + that would. We took for our model what is called the <i>Maison Quarrée</i> + (Nismes), one of the most beautiful, if not the most beautiful and + precious morsel of architecture left us by antiquity. It was built by + Caius and Lucius Cæsar, and repaired by Louis XIV., and has the suffrage + of all the judges of architecture who have seen it, as yielding to no one + of the beautiful monuments of Greece, Rome, Palmyra, and Balbec, which + late travellers have communicated to us. It is very simple, but it is + noble beyond expression, and would have done honor to our country, as + presenting to travellers a specimen of taste in our infancy, promising + much for our maturer age. I have been much mortified with information, + which I received two days ago from Virginia, that the first brick of the + Capitol would be laid within a few days. But surely, the delay of this + piece of a summer would have been repaired by the savings in the plan + preparing here, were we to value its other superiorities as nothing. But + how is a taste in this beautiful art to be formed in our countrymen, + unless we avail ourselves of every occasion when public buildings are to + be erected, of presenting to them models for their study and imitation? + Pray try if you can effect the slopping of this work. I have written also + to E. R. on the subject. The loss will be only of the laying the bricks + already laid, or a part of them. The bricks themselves will do again for + the interior walls, and one side wall and one end wall may remain, as they + will answer equally well for our plan. This loss is not to be weighed + against the saving of money which will arise, against the comfort of + laying out the public money for something honorable, the satisfaction of + seeing an object and proof of national good taste, and the regret and + mortification of erecting a monument of our barbarism, which will be + loaded with execrations as long as it shall endure. The plans are in good + forwardness, and I hope will be ready within three or four weeks. They + could not be stopped now, but on paying their whole price, which will be + considerable. If the undertakers are afraid to undo what they have done, + encourage them to it by a recommendation from the Assembly. You see I am + an enthusiast on the subject of the arts. But it is an enthusiasm of which + I am not ashamed, as its object is to improve the taste of my countrymen, + to increase their reputation, to reconcile to them the respect of the + world, and procure them its praise. + </p> + <p> + I shall send off your books, in two trunks, to Havre, within two or three + days, to the care of Mr. Limozin, American agent there. I will advise you, + as soon as I know by what vessel he forwards them. Adieu. + </p> + <p> + Yours affectionately, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0121" id="link2H_4_0121"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CX.—TO EDMUND RANDOLPH, September 20,1785 + </h2> + <p> + TO EDMUND RANDOLPH. + </p> + <p> + Paris, September 20,1785. + </p> + <p> + Dear Sir, + </p> + <p> + Being in your debt for ten volumes of Buffon, I have endeavored to find + something that would be agreeable to you to receive, in return. I + therefore send you, by way of Havre, a dictionary of law, natural and + municipal, in thirteen volumes 4to, called <i>Le Code de l’Humanité</i>. + It is published by Felice, but written by him and several other authors of + established reputation. It is an excellent work. I do not mean to say, + that it answers fully to its title. That would have required fifty times + the volume. It wants many articles which the title would induce us to seek + in it. But the articles which it contains are well written. It is better + than the voluminous <i>Dictionnaire Diplomatique</i>, and better also than + the same branch of the <i>Encyclopédie Méthodigue</i>. There has been + nothing published here, since I came, of extraordinary merit. The <i>Encyclopédie + Méthodique</i>, which is coming out from time to time, must be excepted + from this. It is to be had at two guineas less than the subscription + price. I shall be happy to send you any thing in this way which you may + desire. French books are to be bought here for two thirds of what they can + in England. English and Greek and Latin authors cost from twenty-five to + fifty per cent, more here than in England. + </p> + <p> + I received, some time ago, a letter from Messrs. Hay and Buchanan, as + Directors of the public buildings, desiring I would have plans drawn for + our public buildings, and in the first place for the capitol. I did not + receive their letter till within about six weeks of the time they had + fixed on for receiving the drawings. Nevertheless, I engaged an excellent + architect to comply with their desire. It has taken much time to + accommodate the external adopted, to the internal arrangement necessary + for the three branches of government. However, it is effected on a plan, + which, with a great deal of beauty and convenience within, unites an + external form on the most perfect model of antiquity now existing. This is + the <i>Maison Quarrée</i> of Nismes, built by Caius and Lucius Cæsar, and + repaired by Louis XIV., which, in the opinion of all who have seen it, + yields, in beauty, to no piece of architecture on earth. The gentlemen + enclosed me a plan of which they had thought. The one preparing here will + be more convenient, give more room, and cost but two thirds of that: and + as a piece of architecture, doing honor to our country, will leave nothing + to be desired. The plans will be ready soon. But, two days ago, I received + a letter from Virginia, informing me the first brick of the capitol would + be laid within a few days. This mortifies my extremely. The delay of this + summer would have been amply repaid by the superiority and economy of the + plan preparing here. Is it impossible to stop the work where it is? You + will gain money by losing what is done, and general approbation, instead + of occasioning a regret, which will endure as long as your building does. + How is a taste for a chaste and good style of building to be formed in our + countrymen, unless we seize all occasions which the erection of public + buildings offers, of presenting to them models for their imitation? Do, my + dear Sir, exert your influence to stay the further progress of the work, + till you can receive these plans. You will only lose the price of laying + what bricks are already laid, and of taking part of them asunder. They + will do again for the inner walls. A plan for a prison will be sent at the + same time. + </p> + <p> + Mazzei is here, and in pressing distress for money. I have helped him as + far as I have been able, but particular circumstances put it out of my + power to do more. He is looking with anxiety to the arrival of every + vessel, in hopes of relief through your means. If he does not receive it + soon, it is difficult to foresee his fate. + </p> + <p> + The quiet which Europe enjoys at present, leaves nothing to communicate to + you in the political way. The Emperor and Dutch still differ about the + quantum of money to be paid by the latter; they know not for what. Perhaps + their internal convulsions will hasten them to a decision. France is + improving her navy, as if she were already in a naval war: yet I see no + immediate prospect of her having occasion for it. England is not likely to + offer war to any nation, unless, perhaps, to ours. This would cost us our + whole shipping: but in every other respect, we might flatter ourselves + with success. But the most successful war seldom pays for its losses. I + shall be glad to hear from you when convenient, and am, with much esteem, + Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0122" id="link2H_4_0122"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXI.—TO JOHN ADAMS, September 24, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, September 24, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I have received your favor of the 18th, enclosing your compliments on your + presentation. The sentiments you therein expressed, were such as were + entertained in America till the commercial proclamation, and such as would + again return, were a rational conduct to be adopted by Great Britain. I + think, therefore, you by no means compromitted yourself or our country, + nor expressed more than it would be our interest to encourage, if they + were disposed to meet us. I am pleased, however, to see the answer of the + King. It bears the marks of suddenness and surprise, and as he seems not + to have had time for reflection, we may suppose he was obliged to find his + answer in the real sentiments of his heart if that heart has any + sentiment. I have no doubt however that it contains the real creed of an + Englishman, and that the word which he has let escape is the true word of + the enigma. ‘The moment I see such sentiments as yours prevail, and a + disposition to give this country the preference, I will,’ &c. All this + I steadfastly believe. But the condition is impossible. Our interest calls + for a perfect equality in our conduct towards these two nations; but no + preferences any where. If, however, circumstances should ever oblige us to + show a preference, a respect for our character, if we had no better + motive, would decide to which it should be given. + </p> + <p> + My letters from members of Congress render it doubtful, whether they would + not rather that full time should be given for the present disposition of + America to mature itself, and to produce a permanent improvement in the + federal constitution, rather than, by removing the incentive, to prevent + the improvement. It is certain that our commerce is in agonies at present, + and that these would be relieved by opening the British ports in the West + Indies. It remains to consider, whether a temporary continuance under + these sufferings would be paid for, by the amendment it is likely to + produce. However, I believe there is no fear that Great Britain will + puzzle us, by leaving it in our choice to hasten or delay a treaty. + </p> + <p> + Is insurance made on Houdon’s life? I am uneasy about it, lest we should + hear of any accident. As yet there is no reason to doubt their safe + passage. If the insurance is not made, I will pray you to have it done + immediately. + </p> + <p> + As I have not received any London newspapers as yet, I am obliged to ask + you what is done as to them, lest the delay should proceed from some + obstacle to be removed. + </p> + <p> + There is a Mr. Thompson at Dover, who has proposed to me a method of + getting them post-free: but I have declined resorting to it, till I should + know in what train the matter is at present. + </p> + <p> + I have the honor to be, with the most perfect esteem, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0123" id="link2H_4_0123"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXII.—TO JOHN ADAMS, September 24,1785 + </h2> + <h3> + TO JOHN ADAMS. + </h3> + <p> + Paris, September 24,1785. + </p> + <p> + Dear Sir, + </p> + <p> + My letter of September the 19th, written the morning after Mr. Lambe’s + arrival here, will inform you of that circumstance. I transmit you + herewith, copies of the papers he brought to us on the subject of the + Barbary treaties. You will see by them, that Congress have adopted the + very plan which we were proposing to pursue. It will now go on with less + danger of objection from the other parties. The receipt of these new + papers, therefore, has rendered necessary no change, in matter of + substance, in the despatches we had prepared. But they render some formal + changes necessary. For instance, in our letter of credence for Mr. Barclay + to the Emperor of Morocco, it becomes improper to enter into those + explanations which seemed proper when that letter was drawn; because + Congress in their letter enter into those explanations. In the letter to + the Count de Vergennes, it became proper to mention the new full powers + received from Congress, and which, in some measure, accord with the idea + communicated by him to us, from the Marechal de Castries. These and other + formal alterations, which appeared necessary to me, I have made, leaving + so much of the original draughts, approved and amended by you, as were not + inconsistent with these alterations. I have therefore had these prepared + fair, to save you the trouble of copying; yet, wherever you choose to make + alterations, you will be so good as to make them; taking, in that case, + the trouble of having new fair copies made out. + </p> + <p> + You will perceive by Mr. Jay’s letter, that Congress had not thought + proper to give Mr. Lambe any appointment. I imagine they apprehended it + might interfere with measures actually taken by us. Notwithstanding the + perfect freedom which they are pleased to leave to us, on this subject, I + cannot feel myself clear of that bias, which a presumption of their + pleasure gives, and ought to give. I presume that Mr. Lambe met their + approbation, because of the recommendations he carried from the Governor + and State of Connecticut, because of his actual knowledge of the country + and people of the States of Barbary, because of the detention of these + letters from March to July, which, considering their pressing-nature, + would otherwise have been sent by other Americans, who, in the mean time, + have come from New York to Paris; and because, too, of the information we + received by Mr. Jarvis. These reasons are not strong enough to set aside + our appointment of Mr. Barclay to Morocco: that I think should go on, as + no man could be sent who would enjoy more the confidence of Congress. But + they are strong enough to induce me to propose to you the appointment of + Lambe to Algiers. He has followed for many years the Barbary trade, and + seems intimately acquainted with those States. I have not seen enough of + him to judge of his abilities. He seems not deficient, as far as I can + see, and the footing on which he comes, must furnish a presumption for + what we do not see. We must say the same as to his integrity; we must rely + for this on the recommendations he brings, as it is impossible for us to + judge of this for ourselves. Yet it will be our duty to use such + reasonable cautions as are in our power. Two occur to me. 1. To give him a + clerk capable of assisting and attending to his proceedings, and who, in + case he thought any thing was going amiss, might give us information. 2. + Not to give him a credit on Van Staphorst and Willinck, but let his drafts + be made on yourself, which, with the knowledge you will have of his + proceedings, will enable you to check them, if you are sensible of any + abuse intended. This will give you trouble; but as I have never found you + declining trouble, when it is necessary, I venture to propose it. I hope + it will not expose you to inconvenience, as by instructing Lambe to insert + in his drafts a proper usance, you can, in the mean time, raise the money + for them by drawing on Holland. I must inform you that Mr. Barclay wishes + to be put on the same footing with Mr. Lambe, as to this article, and + therefore I return you your letter of credit on Van Staphorst &, Co. + As to the first article, there is great difficulty. There is nobody at + Paris fit for the undertaking, who would be likely to accept it. I mean + there is no American, for I should be anxious to place a native in the + trust. Perhaps you can send us one from London. There is a Mr. Randall + there, from New York, whom Mr. Barclay thinks might be relied on very + firmly for integrity and capacity. He is there for his health; perhaps you + can persuade him to go to Algiers in pursuit of it. If you cannot, I + really know not what will be done. It is impossible to propose to Bancroft + to go in a secondary capacity. Mr. Barclay and myself have thought of + Cairnes, at L’Ori-ent, as a <i>dernier ressort</i>. But it is uncertain, + or rather improbable, that he will undertake it. You will be pleased in + the first place, to consider of my proposition to send Lambe to Algiers; + and in the next, all the circumstances before detailed, as consequences of + that. + </p> + <p> + The enclosed letter from Richard O’Bryan furnishes powerful motives for + commencing, by some means or other, the treaty with Algiers, more + immediately than would be done, if left on Mr. Barclay. You will perceive + by that, that two of our vessels, with their crews and cargoes, have been + carried captive into that port. What is to be done as to those poor + people? I am for hazarding the supplementary instruction to Lambe, which + accompanies these papers. Alter it, or reject it, as you please. You ask + what I think of claiming the Dutch interposition. I doubt the fidelity of + any interposition too much to desire it sincerely. Our letters to this + court, heretofore, seemed to oblige us to communicate with them on the + subject. If you think the Dutch would take amiss our not applying to them, + I will join you in the application. Otherwise, the fewer who are apprized + of our proceedings, the better. To communicate them to the States of + Holland, is to communicate them to the whole world. + </p> + <p> + Mr. Short returned last night, and brought the Prussian treaty, duly + executed in English and French. We may send it to Congress by the Mr. + Fitzhughs going from hence. Will you draw and sign a short letter for that + purpose? I send you a copy of a letter received from the Marquis Fayette. + In the present unsettled state of American commerce, I had as lieve avoid + all further treaties, except with American powers. If Count Merci, + therefore, does not propose the subject to me, I shall not to him, nor do + more than decency requires, if he does propose it. I am, with great + esteem, Dear Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0124" id="link2H_4_0124"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXIII.—TO F. HOPKINSON, September 25, 1785 + </h2> + <p> + TO F. HOPKINSON. + </p> + <p> + Paris, September 25, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + My last to you was of the 6th of July. Since that, I have received yours + of July the 23rd. I do not altogether despair of making something of your + method of quilling, though, as yet, the prospect is not favorable. I + applaud much your perseverance in improving this instrument, and + benefiting mankind almost in spite of their teeth. I mentioned to Piccini + the improvement with which I am entrusted. He plays on the piano-forte, + and therefore did not feel himself personally interested. I hope some + better opportunity will yet fall in my way of doing it justice. I had + almost decided, on his advice, to get a piano-forte for my daughter; but + your last letter may pause me, till I see its effect. + </p> + <p> + Arts and arms are alike asleep for the moment. Ballooning indeed goes on. + There are two artists in the neighborhood of Paris, who seem to be + advancing towards the <i>desideratum</i> in this business. They are able + to rise and fall at will, without expending their gas, and to deflect + forty-five degrees from the course of the wind. + </p> + <p> + I desired you in my last to send the newspapers, notwithstanding the + expense. I had then no idea of it. Some late instances have made me + perfectly acquainted with it. I have therefore been obliged to adopt the + following plan. To have my newspapers, from the different States, enclosed + to the office for Foreign Affairs, and to desire Mr. Jay to pack the whole + in a box, and send it by the packet as merchandise, directed to the + American consul at L’Orient, who will forward it to me by the periodical + wagons. In this way they will only cost me livres where they now cost me + guineas, I must pray you, just before the departure of every French + packet, to send my papers on hand to Mr. Jay, in this way. I do not know + whether I am subject to American postage or not, in general; but I think + newspapers never are. I have sometimes thought of sending a copy of my + Notes to the Philosophical Society, as a tribute due to them: but this + would seem as if I considered them as worth something, which I am + conscious they are not. I will not ask you for your advice on this + occasion, because it is one of those on which no man is authorized to ask + a sincere opinion. I shall therefore refer it to further thoughts. + </p> + <p> + I am, with very sincere esteem, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0125" id="link2H_4_0125"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXIV.—TO LISTER ASQUITH, September 26,1785 + </h2> + <p> + TO LISTER ASQUITH. + </p> + <p> + Paris, September 26,1785. + </p> + <p> + Sir, + </p> + <p> + I have received your letter of September the 19th, with your log-book and + other papers. I now wait for the letter from your lawyer, as, till I know + the real nature and state of your process, it is impossible for me to + judge what can be done for you here. As soon as I receive them, you shall + hear from me. In the mean time, I supposed it would be a comfort to you to + know that your papers had come safe to hand, and that I shall be attentive + to do whatever circumstances will admit. + </p> + <p> + I am, Sir, your very humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0126" id="link2H_4_0126"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXV.—TO R. IZARD, September 26,1783 + </h2> + <p> + TO R. IZARD. + </p> + <p> + Paris, September 26,1783. + </p> + <p> + Dear Sir, + </p> + <p> + I received, a few days ago, your favor of the 10th of June, and am to + thank you for the trouble you have given yourself, to procure me + information on the subject of the commerce of your State. I pray you, + also, to take the trouble of expressing my acknowledgments to the Governor + and Chamber of Commerce, as well as to Mr. Hall, for the very precise + details on this subject, with which they have been pleased to honor me. + Your letter of last January, of which you make mention, never came to my + hands. Of course, the papers now received are the first and only ones + which have come safe. The infidelities of the post-offices, both of + England and France, are not unknown to you. The former are the most + rascally, because they retain one’s letters, not choosing to take the + trouble of copying them. The latter, when they have taken copies, are so + civil as to send the originals, re-sealed clumsily with a composition, on + which they had previously taken the impression of the seal. England shows + no dispositions to enter into friendly connections with us. On the + contrary, her detention of our posts, seems to be the speck which is to + produce a storm. I judge that a war with America would be a popular war in + England. Perhaps the situation of Ireland may deter the ministry from + hastening it on. Peace is at length made between the Emperor and Dutch. + The terms are not published, but it is said he gets ten millions of + florins, the navigation of the Scheldt not quite to Antwerp, and two + forts. However, this is not to be absolutely relied on. The league formed + by the King of Prussia against the Emperor is a most formidable obstacle + to his ambitious designs. It certainly has defeated his views on Bavaria, + and will render doubtful the election of his nephew to be King of the + Romans. Matters are not yet settled between him and the Turk. In truth, he + undertakes too much. At home he has made some good regulations. + </p> + <p> + Your present pursuit being (the wisest of all) agriculture, I am not in a + situation to be useful to it. You know that France is not the country most + celebrated for this art. I went the other day to see a plough which was to + be worked by a windlass, without horses or oxen. It was a poor affair. + With a very troublesome apparatus, applicable only to a dead level, four + men could do the work of two horses. There seems a possibility that the + great <i>desideratum</i> in the use of the balloon may be obtained. There + are two persons at Javel (opposite to Auteuil) who are pushing this + matter. They are able to rise and fall at will, without expending their + gas, and they can deflect forty-five degrees from the course of the wind. + </p> + <p> + I took the liberty of asking you to order me a Charleston newspaper. The + expense of French postage is so enormous that I have been obliged to + desire that my newspapers, from the different States, may be sent to the + office for Foreign Affairs at New York; and I have requested of Mr. Jay to + have them always packed in a box, and sent by the French packets as + merchandise to the care of the American consul at L’Orient, who will send + them on by the periodical wagons. Will you permit me to add this to the + trouble I have before given you, of ordering the printer to send them + under cover to Mr. Jay, by such opportunities by water, as occur from time + to time. This request must go to the acts of your Assembly also. I shall + be on the watch to send you any thing that may appear here on the subjects + of agriculture or the arts, which may be worth your perusal, I sincerely + congratulate Mrs. Izard and yourself on the double accession to your + family by marriage and a new birth. My daughter values much your + remembrance of her, and prays to have her respects presented to the ladies + and yourself. In this I join her, and shall embrace with pleasure every + opportunity of assuring you of the sincere esteem, with which I have the + honor to be, Dear Sir, your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0127" id="link2H_4_0127"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXVI.—TO RICHARD O’BRYAN, September 29, 1785 + </h2> + <p> + TO RICHARD O’BRYAN. + </p> + <p> + Paris, September 29, 1785. + </p> + <p> + Sir, + </p> + <p> + I have received your letter, and shall exert myself for you. Be assured of + hearing from me soon: but say nothing to any body, except what may be + necessary to comfort your companions. I add no more, because the fate of + this letter is uncertain. I am, Sir, + </p> + <p> + your very humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0128" id="link2H_4_0128"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXVII.—TO MR. BELLINI, September 30,1785 + </h2> + <p> + TO MR. BELLINI. + </p> + <p> + Paris, September 30,1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your estimable favor, covering a letter to Mr. Mazzei, came to hand on the + 26th instant. The letter to Mr. Mazzei was put into his hands in the same + moment, as he happened to be present. I leave to him to convey to you all + his complaints, as it will be more agreeable to me to express to you the + satisfaction I received, on being informed of your perfect health. Though + I could not receive the same pleasing news of Mrs. Bellini, yet the + philosophy, with which I am told she bears the loss of health, is a + testimony the more, how much she deserved the esteem I bear her. Behold me + at length on the vaunted scene of Europe! It is not necessary for your + information, that I should enter into details concerning it. But you are, + perhaps, curious to know how this new scene has struck a savage of the + mountains of America. Not advantageously, I assure you. I find the general + fate of humanity here most deplorable. The truth of Voltaire’s observation + offers itself perpetually, that every man here must be either the hammer + or the anvil. It is a true picture of that country to which they say we + shall pass hereafter, and where we are to see God and his angels in + splendor, and crowds of the damned trampled under their feet. While the + great mass of the people are thus suffering under physical and moral + oppression, I have endeavored to examine more nearly the condition of the + great, to appreciate the true value of the circumstances in their + situation which dazzle the bulk of spectators, and, especially, to compare + it with that degree of happiness which is enjoyed in America by every + class of people. Intrigues of love occupy the younger, and those of + ambition the elder part of the great. Conjugal love having no existence + among them, domestic happiness, of which that is the basis, is utterly + unknown. In lieu of this, are substituted pursuits which nourish and + invigorate all our bad passions, and which offer only moments of ecstacy, + amidst days and months of restlessness and torment. Much, very much + inferior, this, to the tranquil, permanent felicity, with which domestic + society in America blesses most of its inhabitants; leaving them to follow + steadily those pursuits which health and reason approve, and rendering + truly delicious the intervals of those pursuits. + </p> + <p> + In science, the mass of the people is two centuries behind ours; their + literati, half a dozen years before us. Books, really good, acquire just + reputation in that time, and so become known to us, and communicate to us + all their advances in knowledge. Is not this delay compensated, by our + being placed out of the reach of that swarm of nonsensical publications, + which issues daily from a thousand presses, and perishes almost in + issuing? With respect to what are termed polite manners, without + sacrificing too much the sincerity of language, I would wish my countrymen + to adopt just so much of European politeness, as to be ready to make all + those little sacrifices of self, which really render European manners + amiable, and relieve society from the disagreeable scenes to which + rudeness often subjects it. Here, it seems that a man might pass a life + without encountering a single rudeness. In the pleasures of the table they + are far before us, because with good taste they unite temperance. They do + not terminate the most sociable meals by transforming themselves into + brutes. I have never yet seen a man drunk in France, even among the lowest + of the people. Were I to proceed to tell you how much I enjoy their + architecture, sculpture, painting, music, I should want words. It is in + these arts they shine. The last of them, particularly, is an enjoyment, + the deprivation of which with us cannot be calculated. I am almost ready + to say, it is the only thing which from my heart I envy them, and which, + in spite of all the authority of the Decalogue, I do covet. But I am + running on in an estimate of things infinitely better known to you than to + me, and which will only serve to convince you, that I have brought with me + all the prejudices of country, habit, and age. But whatever I may allow to + be charged to me as prejudice, in every other instance, I have one + sentiment at least founded on reality: it is that of the perfect esteem + which your merit and that of Mrs. Bellini have produced, and which will + for ever enable me to assure you of the sincere regard with which I am, + Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0129" id="link2H_4_0129"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXVIII.—JAMES MADISON, October 2, 1785 + </h2> + <p> + JAMES MADISON, of William and Mary College. + </p> + <p> + Paris, October 2, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I have duly received your favor of April the 10th, by Mr. Mazzei. You + therein speak of a new method of raising water by steam, which you suppose + will come into general use. I know of no new method of that kind, and + suppose (as you say that the account you have received of it is very + imperfect) that some person has represented to you, as new, a fire-engine + erected at Paris, and which supplies the greater part of the town with + water. But this is nothing more than the fire-engine you have seen + described in the books of hydraulics, and particularly in the Dictionary + of Arts and Sciences, published in 8vo, by Owen, the idea of which was + first taken from Papin’s Digester. It would have been better called the + steam-engine. The force of the steam of water, you know, is immense. In + this-engine it is made to exert itself towards the working of pumps. That + of Paris is, I believe, the largest known, raising four hundred thousand + cubic feet (French) of water, in twenty-four hours; or rather I should + have said, those of Paris, for there are two under one roof, each raising + that quantity. + </p> + <p> + The Abbe Rochon not living at Paris, I have not had an opportunity of + seeing him, and of asking him the questions you desire, relative to the + crystal of which I wrote you. I shall avail myself of the earliest + opportunity I can, of doing it. I shall cheerfully execute your commands + as to the <i>Encyclopédie</i>, when I receive them. The price will be only + thirty guineas. About half the work is out. The volumes of your Buffon, + which are spoiled, can be replaced here. + </p> + <p> + I expect that this letter will be carried by the Mr. Fitzhughs, in a ship + from Havre to Portsmouth. I have therefore sent to Havre some books, which + I expected would be acceptable to you. These are the <i>Bibliothèque + Physico-oeconomique</i>, which will give you most of the late improvements + in the arts; the <i>Connoissance des Terns</i> for 1786 and 1787, which is + as late as they are published; and some pieces on air and fire, wherein + you will find all the discoveries hitherto made on these subjects. These + books are made into a packet, with your address on them, and are put into + a trunk wherein is a small packet for Mr. Wythe, another for Mr. Page, and + a parcel of books, without direction, for Peter Carr. I have taken the + liberty of directing the trunk to you, as the surest means of its getting + safe. I pay the freight of it here, so that there will be no new demands, + but for the transportation from the ship’s side to Williamsburg, which I + will pray you to pay; and as much the greatest part is for my nephew, I + will take care to repay it to you. + </p> + <p> + In the last volume of the <i>Connoissance des Terns</i>, you will find the + tables for the planet Herschel. It is a curious circumstance, that this + planet was seen thirty years ago by Mayer, and supposed by him to be a + fixed star. He accordingly determined a place for it, in his catalogue of + the zodiacal stars, making it the 964th of that catalogue. Bode, of + Berlin, observed in 1781, that this star was missing. Subsequent + calculations of the motion of the planet Herschel show, that it must have + been, at the time of Mayer’s observation, where he had placed his 964th + star. + </p> + <p> + Herschel has pushed his discoveries of double stars, now, to upwards of + nine hundred, being twice the number of those communicated in the + Philosophical Transactions. You have probably seen, that a Mr. Pigott had + discovered periodical variations of light in the star Algol. He has + observed the same in the <i>n</i> of Antinous, and makes the period of + variation seven days, four hours, and thirty minutes, the duration of the + increase sixty-three hours, and of the decrease thirty-six hours. What are + we to conclude from this? That there are suns which have their orbits of + revolution too? But this would suppose a wonderful harmony in their + planets, and present a new scene, where the attracting powers should be + without, and not within the orbit. The motion of our sun would be a + miniature of this. But this must be left to you astronomers. + </p> + <p> + I went some time ago to see a machine, which offers something new. A man + had applied to a light boat, a very large screw, the thread of which was a + thin plate, two feet broad, applied by its edge spirally round a small + axis. It somewhat resembled a bottle-brush, if you will suppose the hairs + of the bottle-brush joining together, and forming a spiral plane. This, + turned on its axis in the air, carried the vessel across the Seine. It is, + in fact, a screw which takes hold of the air and draws itself along by it: + losing, indeed, much of its effort by the yielding nature of the body it + lays hold of, to pull itself on by. I think it may be applied in the water + with much greater effect, and to very useful purposes Perhaps it may be + used also for the balloon. + </p> + <p> + It is impossible but you must have heard long ago of the machine for + copying letters at a single stroke, as we had received it in America + before I left there. I have written a long letter to my nephew, in whose + education I feel myself extremely interested. I shall rely much on your + friendship for conducting him in the plan I mark out for him, and for + guarding him against those shoals, on which youth sometimes shipwreck. I + trouble you to present to Mr. Wythe my affectionate remembrance of him, + and am with very great esteem, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0130" id="link2H_4_0130"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXIX.—TO DR. FRANKLIN, October 5,1785 + </h2> + <p> + TO DR. FRANKLIN. + </p> + <p> + Paris, October 5,1785. + </p> + <p> + Dear Sir, + </p> + <p> + A vessel sailing from Havre to Philadelphia, furnishes the Messrs. + Fitzhughs with a passage to that place. To them, therefore, I confide a + number of letters and packets which I have received for you from sundry + quarters, and which, I doubt not, they will deliver safe. Among these is + one from M. Du Plessis. On receipt of your letter, in answer to the one I + had written you, on the subject of his memorial, I sent to M. La Motte, M. + Chaumont, and wherever else I thought there was a probability of finding + out Du Plessis’ address. But all in vain. I meant to examine his memoir, + as you desired, and to have it copied. Lately, he came and brought it with + him, copied by himself. He desired me to read it, and enclose it to you, + which I have done. + </p> + <p> + We have no public news worth communicating to you, but the signing of + preliminaries between the Emperor and Dutch. The question is, then, with + whom the Emperor will pick the next quarrel. Our treaty with Prussia goes + by this conveyance. But it is not to be spoken of till a convenient time + is allowed for exchanging ratifications. + </p> + <p> + Science offers nothing new since your departure, nor any new publication + worth your notice. All your friends here are well. Those in England have + carried you captive to Algiers. They have published a letter, as if + written by Truxen, the 20th of August, from Algiers, stating the + circumstances of the capture, and that you bore your slavery to + admiration. I happened to receive a letter from Algiers, dated August the + 24th, informing me that two vessels were then there, taken from us, and + naming the vessels and captains. This was a satisfactory proof to us, that + you were not there. The fact being so, we would have gladly dispensed with + the proof, as the situation of our countrymen there was described as very + distressing. + </p> + <p> + Were I to mention all those who make inquiries after you, there would be + no end to my letter. I cannot, however, pass over those of the good old + Countess d’Hoditot, with whom I dined on Saturday, at Sanois. They were + very affectionate. I hope you have had a good passage. Your essay in + crossing the channel gave us great hopes you would experience little + inconvenience on the rest of the voyage. My wishes place you in the bosom + of your friends, in good health, and with a well grounded prospect of + preserving it long, for your own sake, for theirs, and that of the world. + </p> + <p> + I am, with the sincerest attachment and respect, Dear Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0131" id="link2H_4_0131"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXX.—TO SAMUEL OSGOOD, October 5, 1785 + </h2> + <p> + TO SAMUEL OSGOOD. + </p> + <p> + Paris, October 5, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + It was with very sincere pleasure I heard of your appointment to the board + of treasury, as well from the hope that it might not be disagreeable to + yourself, as from the confidence that your administration would be wise. I + heartily wish the States may, by their contributions, enable you to + re-establish a credit, which cannot be lower than at present, to exist at + all. This is partly owing to their real deficiencies, and partly to the + lies propagated by the London papers, which are probably paid for by the + minister, to reconcile the people to the loss of us. Unluckily, it + indisposes them, at the same time, to form rational connections with us. + Should this produce the amendment of our federal constitution, of which + your papers give us hopes, we shall receive a permanent indemnification + for a temporary loss. + </p> + <p> + All things here promise an arrangement between the Emperor and Dutch. + Their ministers have signed preliminary articles, some of which, however, + leave room for further cavil. The Dutch pay ten millions of florins, yield + some forts and territory, and the navigation of the Scheldt to Saftingen. + Till our treaty with England be fully executed, it is desirable to us, + that all the world should be in peace. That done, their wars would do us + little harm. + </p> + <p> + I find myself under difficulties here, which I will take the liberty of + explaining to you as a friend. Mr. Carmichael lately drew a bill on Mr. + Grand for four thousand livres, I suppose for his salary. Mr. Grand said, + he was not used to accept drafts but by the desire of Dr. Franklin, and + rested it on me to say, whether this bill should be paid or not. I thought + it improper, that the credit of so confidential a person, as Mr. + Carmichael, should be affected by a refusal, and therefore advised + payment. Mr. Dumas has drawn on me for twenty-seven hundred livres, his + half year’s salary, informing me he always drew on Dr. Franklin. I shall + advise the payment. I have had loan-office bills, drawn on the + commissioners of the United States, presented to me. My answer has been, + ‘These are very old bills. Had they been presented while those gentlemen + were in Europe, they would have been paid. You have kept them up till Dr. + Franklin, the last of them, has returned to America; you must therefore + send them there, and they will be paid. I am not the drawee described in + the bill.’ It is impossible for me to meddle with these bills. The + gentlemen who had been familiar with them, from the beginning, who kept + books of them, and knew well the form of these books, often paid bills + twice. But how can I interfere with them, who have not a scrip of a pen on + their subject, who never saw a book relating to them, and who, if I had + the books, should much oftener be bewildered in the labyrinth, than the + gentlemen who have kept them? I think it, therefore, most advisable, that + what bills remain out, should be sent back to America for payment, and + therefore advise Mr. Barclay to return thither all the books and papers + relative to them. There, is the proper and ultimate deposite of all + records of this nature. All these articles are very foreign to my talents, + and foreign also, as I conceive, to the nature of my duties. Dr. Franklin + was obliged to meddle with them, from the circumstances which existed. + But, these having ceased, I suppose it practicable for your board to + direct the administration of your monies here, in every circumstance. It + is only necessary for me to draw my own allowances, and to order payment + for services done by others, by my direction, and within the immediate + line of my office; such as paying couriers, postage, and other + extraordinary services, which must rest on my discretion, and at my risk, + if disapproved by Congress. I will thank you for your advice on this + subject, and if you think a resolution of your board necessary, I will + pray you to send me such a one, and that it may relieve me from all + concerns with the money of the United States, other than those I have just + spoken of. I do not mean by this to testify a disposition to render no + service but what is rigorously within my duty. I am the farthest in the + world from this; it is a question I shall never ask myself; nothing making + me more happy than to render any service in my power of whatever + description. But I wish only to be excused from intermeddling in business, + in which I have no skill, and should do more harm than good. + </p> + <p> + Congress were pleased to order me an advance of two quarters’ salary. At + that time, I supposed that I might refund it, or spare so much from my + expenses, by the time the third quarter became due. Probably, they might + expect the same. But it has been impossible. The expense of my outfit, + though I have taken it up on a scale as small as could be admitted, has + been very far beyond what I had conceived. I have, therefore, not only + been unable to refund the advance ordered, but been obliged to go beyond + it. I wished to have avoided so much, as was occasioned by the purchase of + furniture. But those who hire furniture, asked me forty per cent, a year + for the use of it. It was better to buy, therefore; and this article, + clothes, carriage, &c. have amounted to considerably more than the + advance ordered. Perhaps it may be thought reasonable to allow me an + outfit. The usage of every other nation has established this, and reason + really pleads for it. I do not wish to make a shilling; but only my + expenses to be defrayed, and in a moderate style. On the most moderate, + which the reputation or interest of those I serve would admit, it will + take me several years to liquidate the advances for my outfit. I mention + this, to enable you to understand the necessities which have obliged me to + call for more money than was probably expected, and, understanding them, + to explain them to others. Being perfectly disposed to conform myself + decisively to what shall be thought proper, you cannot oblige me more, + than by communicating to me your sentiments hereon, which I shall receive + as those of a friend, and govern myself accordingly. + </p> + <p> + I am, with the most perfect esteem, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0132" id="link2H_4_0132"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXI.—TO JOHN JAY, October 6, 1785 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, October 6, 1785. + </p> + <p> + Sir, + </p> + <p> + My letter of August the 30th acknowledged the receipt of yours of July the + 13th. Since that, I have received your letter of August the 13th, + enclosing a correspondence between the Marquis de la Fayette and Monsieur + de Calonne, and another of the same date, enclosing the papers in Fortin’s + case. I immediately wrote to M. Limozin, at Havre, desiring he would send + me a state of the case, and inform me what were the difficulties which + suspended its decision. He has promised me, by letter, to do this as soon + as possible, and I shall not fail in attention to it. + </p> + <p> + The Emperor and Dutch have signed preliminaries, which are now made + public. You will see them in the papers which accompany this. They still + leave a good deal to discussion. However, it is probable they will end in + peace. The party in Holland, possessed actually of the sovereignty, wish + for peace, that they may push their designs on the Stadtholderate. This + country wishes for peace, because her finances need arrangement. The + Bavarian exchange has produced to public view that jealousy and. rancor + between the courts of Vienna and Berlin, which existed before, though it + was smothered. This will appear by the declarations of the two courts. The + demarcation between the Emperor and Turk does not advance. Still, however, + I suppose neither of those two germs of war likely to open soon. I + consider the conduct of France as the best evidence of this. If she had + apprehended a war from either of those quarters, she would not have been + so anxious to leave the Emperor one enemy the less, by placing him at + peace with the Dutch. While she is exerting all her powers to preserve + peace by land, and making no preparation which indicates a fear of its + being disturbed in that quarter, she is pushing her naval preparations, + with a spirit unexampled in time of peace. By the opening of the next + spring, she will have eighty ships, of seventy-four guns and upwards, + ready for sea at a moment’s warning; and the further constructions + proposed, will probably, within two years, raise the number to an hundred. + New regulations have been made, too, for perfecting the classification of + her seamen; an institution, which, dividing all the seamen of the nation + into classes, subjects them to tours of duty by rotation and enables + government, at all times, to man their ships. Their works for rendering + Cherbourg a harbor for their vessels of war, and Dunkirk, for frigates and + privateers, leave now little doubt of success. It is impossible that these + preparations can have in view any other nation than the English. Of + course, they show a greater diffidence of their peace with them, than with + any other power. + </p> + <p> + I mentioned to you, in my letter of August the 14th, that I had desired + Captain John Paul Jones to inquire into the circumstances of Peyrouse’s + expedition. I have now the honor of enclosing you copies of my letter to + him, and of his answer. He refuses to accept of any indemnification for + his expenses, which is an additional proof of his disinterested spirit, + and of his devotion to the service of America. The circumstances are + obvious, which indicate an intention to settle factories, and not + colonies, at least, for the present. However, nothing shows for what place + they are destined. The conjectures are divided between New Holland, and + the northwest coast of America. + </p> + <p> + According to what I mentioned in my letter of August the 30th, I have + appointed Mr. Short my secretary here. I enclose to you copies of my + letters to him and Mr. Grand, which will show to Congress that he stands + altogether at their pleasure. I mention this circumstance, that if what I + have done meets with their disapprobation, they may have the goodness to + signify it immediately, as I should otherwise conclude that they do not + disapprove it. I shall be ready to conform myself to what would be most + agreeable to them. + </p> + <p> + This will be accompanied by the gazettes of France and Ley-den, to the + present date. + </p> + <p> + I have the honor to be, with sentiments of the highest esteem and respect, + Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0133" id="link2H_4_0133"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXII.—TO ELBRIDGE GERRY, October 11, 1785 + </h2> + <p> + TO ELBRIDGE GERRY. + </p> + <p> + Paris, October 11, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I received, last night, the letter signed by yourself and the other + gentlemen, delegates of Massachusetts and Virginia, recommending Mr. Sayre + for the Barbary negotiations. As that was the first moment of its + suggestion to me, you will perceive by my letter of this day, to Mr Jay, + that the business was already established in other hands, as your letter + came at the same time with the papers actually signed by Mr. Adams, for + Messrs. Barclay and Lambe, according to arrangements previously taken + between us. I should, with great satisfaction, have acceded to the + recommendation in the letter: not indeed as to Morocco, because, no better + man than Mr. Barclay could have been substituted; but as to Algiers, Mr. + Lambe being less known to me. However, I hope well of him, and rely + considerably on the aid he will receive from his secretary, Mr. Randall, + who bears a very good character. I suppose Mr. Adams entitled to the same + just apology, as matters were settled otherwise, before he probably + received your letter. I pray you to communicate this to the other + gentlemen of your and our delegation as my justification. + </p> + <p> + The peace made between the Emperor and Dutch, leaves Europe quiet for this + campaign. As yet, we do not know where the storm, dissipated for the + moment, will gather again. Probably over Bavaria or Turkey. But this will + be for another year. + </p> + <p> + When our instructions were made out, they were conceived on a general + scale, and supposed that all the European nations would be disposed to + form commercial connections with us. It is evident, however, that a very + different degree of importance was annexed to these different states. + Spain, Portugal, England, and France, were most important. Holland, + Sweden, Denmark, in a middling degree. The others, still less so. Spain + treats in another line. Portugal is disposed to do the same. England will + not treat at all; nor will France, probably, add to her former treaty. + Failing in the execution of these our capital objects, it has appeared to + me, that the pushing the treaties with the lesser powers, might do us more + harm than good, by hampering the measures the States may find it necessary + to take, for securing those commercial interests, by separate measures, + which is refused to be done here, in concert. I have understood through + various channels, that the members of Congress wished a change in our + instructions. I have, in my letter to Mr. Jay, of this date, mentioned the + present situation and aspect of these treaties, for their information. + </p> + <p> + My letter of the 6th instant to Mr. Jay, having communicated what little + there is new here, I have only to add assurances of the sincere esteem, + with which I have the honor to be, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0134" id="link2H_4_0134"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXIII.—TO THE COUNT DE VERGENNES, October 11, 1785 + </h2> + <p> + TO THE COUNT DE VERGENNES. + </p> + <p> + Paris, October 11, 1785. + </p> + <p> + Sir, + </p> + <p> + I have the honor of enclosing to your Excellency, a report of the voyage + of an American ship, the first which has gone to China. The circumstance + which induces Congress to direct this communication, is the very friendly + conduct of the consul of his Majesty at Macao, and of the commanders and + other officers of the French vessels in those seas. It has been with + singular satisfaction, that Congress have seen these added to the many + other proofs of the cordiality of this nation towards our citizens. It is + the more pleasing, when it appears in the officers of government, because + it is then viewed as an emanation of the spirit of the government. It + would be an additional gratification to Congress, in this particular + instance, should any occasion arise of notifying those officers, that + their conduct has been justly represented to your Excellency, on the part + of the United States, and has met your approbation. Nothing will be + wanting, on our part, to foster corresponding dispositions in our + citizens, and we hope that proofs of their actual existence have appeared, + and will appear, whenever, occasion shall offer. A sincere affection + between the two people, is the broadest basis on which their peace can be + built. + </p> + <p> + It will always be among the most pleasing functions of my office, to be + made the channel of communicating the friendly sentiments of the two + governments. It is additionally so, as it gives me an opportunity of + assuring your Excellency of the high respect and esteem, with which I have + the honor to be, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0135" id="link2H_4_0135"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXIV.—TO JOHN JAY, October 11,1785 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Paris, October 11,1785. + </p> + <p> + Sir, + </p> + <p> + In my letter of August the 14th, I had the honor of expressing to you the + uneasiness I felt at the delay of the instructions on the subject of the + Barbary treaties, of which Mr.. Lambe was the bearer, and of informing you + that I had proposed to Mr. Adams, that if he did not arrive either in the + French or English packets, then expected, we should send some person to + negotiate these treaties. As he did not arrive in those packets, and I + found Mr. Barclay was willing to undertake the negotiations, I wrote to + Mr. Adams (who had concurred in the proposition made him), informing him + that Mr. Barclay would go, and proposing papers for our immediate + signature. The day before the return of the courier, Mr. Lambe arrived + with our instructions, the letters of credence, he enclosed in yours of + March the 11th, 1785. Just about the same time, came to hand the letter + No. 1, informing me, that two American vessels were actually taken and + carried into Algiers, and leaving no further doubt that that power was + exercising hostilities against us in the Atlantic. The conduct of the + Emperor of Morocco had been such, as forbade us to postpone his treaty to + that with Algiers. But the commencement of hostilities by the latter, and + their known activity, pressed the necessity of immediate propositions to + them. It was therefore thought best, while Mr. Barclay should be + proceeding with the Emperor of Morocco, that some other agent should go to + Algiers. We had few subjects to choose out of. Mr. Lambe’s knowledge of + the country, of its inhabitants, of their manner of transacting business, + the recommendations from his State to Congress, of his fitness for this + employment, and other information founding a presumption that he would be + approved, occasioned our concluding to send him to Algiers. The giving him + proper authorities, and new ones to Mr. Barclay conformable to our own new + powers, was the subject of a new courier between Mr. Adams and myself. He + returned last night, and I have the honor of enclosing you copies of all + the papers we furnish those gentlemen with; which will possess Congress + fully of our proceedings herein. They are numbered from two to ten + inclusive. The supplementary instruction to Mr. Lambe, No. 5, must rest + for justification on the emergency of the case. The motives which led to + it, must be found in the feelings of the human heart, in a partiality for + those sufferers who are of our own country, and in the obligations of + every government to yield protection to their citizens, as the + consideration for their obedience. It will be a comfort to know, that + Congress does not disapprove this step. + </p> + <p> + Considering the treaty with Portugal among the most interesting to the + United States, I some time ago, took occasion at Versailles, to ask of the + Portuguese ambassador, if he had yet received from his court an answer to + our letter. He told me he had not, but that he would make it the subject + of another letter. Two days ago, his <i>secrétaire d’ambassade</i> called + on me, with a letter from his minister to the ambassador, in which was the + following paragraph, as he translated it to me; and I committed it to + writing from his mouth. ‘Your Excellency has communicated to us the + substance of your conversation with the American minister. That power + ought to have been already persuaded, by the manner in which its vessels + have been received here; and consequently that his Majesty would have much + satisfaction in maintaining perfect harmony and good understanding with + the same United States. But it would be proper to begin with the + reciprocal nomination, on both sides, of persons, who, at least with the + character of agents, might reciprocally inform their constituents, of what + might conduce to a knowledge of the interests of the two nations, without + prejudice to either. This first step appears necessary to lead to the + proposed object.’ + </p> + <p> + By this, it would seem, that this power is more disposed to pursue a track + of negotiation, similar to that which Spain has done. I consider this + answer as definitive of all further measures, under our commission to + Portugal. That to Spain was superseded by proceedings in another line. + That to Prussia is concluded by actual treaty; to Tuscany will probably be + so; and perhaps to Denmark: and these, I believe, will be the sum of the + effects of our commissions for making treaties of alliance. England shows + no disposition to treat. France, should her ministers be able to keep the + ground of the <i>Arrêt</i> of August, 1784, against the clamors of her + merchants, and should they be disposed, hereafter, to give us more, very + probably will not bind herself to it by treaty, but keep her regulations + dependent on her own will. Sweden will establish a free port at St. + Bartholomew’s, which, perhaps, will render any new engagement, on our + part, unnecessary. Holland is so immovable in her system of colony + administration, that, as propositions to her, on that subject, would be + desperate, they had better not be made. You will perceive by the letter + No. 11, from the Marquis de la Fayette, that there is a possibility of an + overture from the Emperor. A hint from the <i>charge des affaires of + Naples</i>, lately, has induced me to suppose something of the same kind + from thence. But the advanced period of our commissions now offers good + cause for avoiding to begin, what probably cannot be terminated during + their continuance; and with respect to these two, and all other powers not + before mentioned, I doubt whether the advantages to be derived from + treaties with them, will countervail the additional embarrassments they + may impose on the States, when they shall proceed to make those commercial + arrangements necessary to counteract the designs of the British cabinet. I + repeat it, therefore, that the conclusion of the treaty with Prussia, and + the probability of others with Denmark, Tuscany and the Barbary States, + may be expected to wind up the proceedings of the general commissions. I + think that, in possible events, it may be advantageous to us, by treaties + with Prussia, Denmark, and Tuscany, to have secured ports in the Northern + and Mediterranean seas. I have the honor to be, with sentiments of the + highest respect and esteem, + </p> + <p> + Sir, your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0136" id="link2H_4_0136"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXV.—TO MESSRS. VAN STAPHORST, October 12, 1785 + </h2> + <p> + TO MESSRS. VAN STAPHORST. + </p> + <p> + Paris, October 12, 1785. + </p> + <p> + Gentlemen, + </p> + <p> + The receipt of your favor, of September the 19th, should not have been so + long unacknowledged, but that I have been peculiarly and very closely + engaged ever since it came to hand. + </p> + <p> + With respect to the expediency of the arrangement you propose to make with + Mr. Parker, I must observe to you, that it would be altogether out of my + province to give an official opinion, for your direction. These + transactions appertain altogether to the commissioners of the treasury, to + whom you have very properly written on the occasion. I shall always be + willing, however, to apprize you of any facts I may be acquainted with, + and which might enable you to proceed with more certainty; and even to + give my private opinion, where I am acquainted with the subject, leaving + you the most perfect liberty to give it what weight you may think proper. + In the present case, I cannot give even a private opinion, because I am + not told what are precisely the securities offered by Mr. Parker. So + various are the securities of the United States, that unless they are + precisely described by their dates, consideration, and other material + circumstances, no man on earth can say what they are worth. One fact, + however, is certain, that all debts of any considerable amount contracted + by the United States, while their paper money existed, are subject to a + deduction, and not payable at any fixed period. I think I may venture to + say, also, that there are no debts of the United States, ‘on the same + footing with the money loaned by Holland,’ except those due to the Kings + of France and Spain. However, I hope you will soon receive the answer of + the commissioners, which alone can decide authoritatively what can be + done. + </p> + <p> + Congress have thought proper to entrust to Mr. Adams and myself a certain + business, which may eventually call for great advances of money: perhaps + four hundred thousand livres or upwards. They have authorized us to draw + for this on their funds in Holland. The separate situation of Mr. Adams + and myself rendering joint drafts inconvenient, we have agreed that they + shall be made by him alone. You will be pleased, therefore, to give the + same credit to these bills, drawn by him, as if they were also subscribed + by me. + </p> + <p> + I have the honor to be, with high respect, Gentlemen, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0137" id="link2H_4_0137"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXVI.—TO MONSIEUR DESBORDES, October 12,1785 + </h2> + <p> + TO MONSIEUR DESBORDES. + </p> + <p> + Paris, October 12,1785. + </p> + <p> + Sir, + </p> + <p> + There are, in the prison of St. Pol de Léon, six or seven citizens of the + United States of America, charged with having attempted a contraband of + tobacco, but, as they say themselves, forced into that port by stress of + weather. I believe that they are innocent. Their situation is described to + me to be as deplorable, as should be that of men found guilty of the worst + of crimes. They are in close jail, allowed three sous a day only, and + unable to speak a word of the language of the country. I hope their + distress, which it is my duty to relieve, and the recommendation of Mr. + Barclay to address myself to you, will apologize for the liberty I take, + of asking you to advise them what to do for their defence, to engage some + good lawyer for them, and to pass to them the pecuniary reliefs necessary. + I write to Mr. Lister Asquith, the owner of the vessel, that he may draw + bills on me, from time to time, for a livre a day for every person of + them, and for what may be necessary to engage a lawyer for him. I will + pray the favor of you to furnish him money for his bills drawn on me for + these purposes, which I will pay on sight. You will judge if he should go + beyond this allowance, and be so good as to reject the surplus. I must + desire his lawyer to send me immediately a state of their case, and let me + know in what court their process is, and when it is likely to be decided. + I hope the circumstances of the case will excuse the freedom I take; and I + have the honor to be, with great respect, Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0138" id="link2H_4_0138"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXVII.—TO HOGENDORP, October 13,1785 + </h2> + <p> + TO HOGENDORP. + </p> + <p> + Paris, October 13,1785. + </p> + <p> + Dear Sir, + </p> + <p> + Having been much engaged lately, I have been unable sooner to acknowledge + the receipt of your favor of September the 8th. What you are pleased to + say on the subject of my Notes, is more than they deserve. The condition + in which you first saw them, would prove to you how hastily they had been + originally written; as you may remember the numerous insertions I had made + in them, from time to time, when I could find a moment for turning to them + from other occupations. I have never yet seen Monsieur de Buffon. He has + been in the country all the summer. I sent him a copy of the book, and + have only heard his sentiments on one particular of it, that of the + identity of the mammoth and elephant. As to this, he retains his opinion + that they are the same. If you had formed any considerable expectations + from our revised code of laws, you will be much disappointed. It contains + not more than three or four laws which could strike the attention of a + foreigner. Had it been a digest of all our laws, it would not have been + comprehensible or instructive, but to a native. But it is still less so, + as it digests only the British statutes and our own acts of Assembly, + which are but a supplementary part of our law. The great basis of it is + anterior to the date of the Magna Charta, which is the oldest statute + extant. The only merit of this work is, that it may remove from our + book-shelves about twenty folio volumes of statutes, retaining all the + parts of them, which either their own merit or the established system of + laws required. + </p> + <p> + You ask me what are those operations of the British nation, which are + likely to befriend us, and how they will produce this effect? The British + government, as you may naturally suppose, have it much at heart to + reconcile their nation to the loss of America. This is essential to the + repose, perhaps even to the safety of the King and his ministers. The most + effectual engines for this purpose are the public papers. You know well, + that that government always kept a kind of standing army of news-writers, + who, without any regard to truth, or to what should be like truth, + invented, and put into the papers, whatever might serve the ministers. + This suffices with the mass of the people, who have no means of + distinguishing the false from the true paragraphs of a newspaper. When + forced to acknowledge our independence, they were forced to redouble their + efforts to keep the nation quiet. Instead of a few of the papers, formerly + engaged, they now engaged every one. No paper, therefore, comes out + without a dose of paragraphs against America. These are calculated for a + secondary purpose also, that of preventing the emigrations of their people + to America. They dwell very much on American bankruptcies. To explain + these, would require a long detail; but would show you that nine tenths of + these bankruptcies are truly English bankruptcies, in no wise chargeable + on America. However, they have produced effects the most desirable of all + others for us. They have destroyed our credit, and thus checked our + disposition to luxury; and, forcing our merchants to buy no more than they + have ready money to pay for, they force them to go to those markets where + that ready money will buy most. Thus you see, they check our luxury, they + force us to connect ourselves with all the world, and they prevent foreign + emigrations to our country, all of which I consider as advantageous to us. + They are doing us another good turn. They attempt, without disguise, to + possess themselves of the carriage of our produce, and to prohibit our own + vessels from participating of it. This has raised a general indignation in + America. The States see, however, that their constitutions have provided + no means of counteracting it. They are therefore beginning to vest + Congress with the absolute power of regulating their commerce, only + reserving all revenue arising from it, to the State in which it is levied. + This will consolidate our federal building very much, and for this we + shall be indebted to the British. + </p> + <p> + You ask what I think on the expediency of encouraging our States to be + commercial? Were I to indulge my own theory, I should wish them to + practise neither commerce nor navigation, but to stand, with respect to + Europe, precisely on the footing of China. We should thus avoid wars, and + all our citizens would be husbandmen. Whenever, indeed, our numbers should + so increase, as that our produce would overstock the markets of those + nations who should come to seek it, the farmers must either employ the + surplus of their time in manufactures, or the surplus of our hands must be + employed in manufactures, or in navigation. But that day would, I think, + be distant, and we should long keep our workmen in Europe, while Europe + should be drawing rough materials, and even subsistence, from America. But + this is theory only, and a theory which the servants of America are not at + liberty to follow. Our people have a decided taste for navigation and + commerce. They take this from their mother country; and their servants are + in duty bound to calculate all their measures on this datum: we wish to do + it by throwing open all the doors of commerce, and knocking off its + shackles. But as this cannot be done for others, unless they will do it + for us, and there is no great probability that Europe will do this, I + suppose we shall be obliged to adopt a system which may shackle them in + our ports, as they do us in theirs. With respect to the sale of our lands, + that cannot begin till a considerable portion shall have been surveyed. + They cannot begin to survey till the fall of the leaf of this year, nor to + sell probably till the ensuing spring. So that it will be yet a + twelvemonth, before we shall be able to judge of the efficacy of our + land-office, to sink our national debt. It is made a fundamental, that the + proceeds shall be solely and sacredly applied as a sinking fund, to + discharge the capital only of the debt. + </p> + <p> + It is true that the tobaccos of Virginia go almost entirely to England. + The reason is, the people of that State owe a great debt there, which they + are paying as fast as they can. I think I have now answered your several + queries, and shall be happy to receive your reflections on the same + subjects, and at all times to hear of your welfare, and to give you + assurances of the esteem, with which I have the honor to be, Dear Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0139" id="link2H_4_0139"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXVIII.—TO J. BANNISTER, JUNIOR, October 15,1785 + </h2> + <p> + TO J. BANNISTER, JUNIOR. + </p> + <p> + Paris, October 15,1785. + </p> + <p> + Dear Sir, + </p> + <p> + I should sooner have answered the paragraph in your letter, of September + the 19th, respecting the best seminary for the education of youth, in + Europe, but that it was necessary for me to make inquiries on the subject. + The result of these has been, to consider the competition as resting + between Geneva and Rome. They are equally cheap, and probably are equal in + the course of education pursued. The advantage of Geneva is, that students + acquire there the habit of speaking French. The advantages of Rome are, + the acquiring a local knowledge of a spot so classical and so celebrated; + the acquiring the true pronunciation of the Latin language; a just taste + in the fine arts, more particularly those of painting, sculpture, + architecture, and music; a familiarity with those objects and processes of + agriculture, which experience has shown best adapted to a climate like + ours; and lastly, the advantage of a fine climate for health. It is + probable, too, that by being boarded in a French family, the habit of + speaking that language may be obtained. I do not count on any advantage to + be derived in Geneva from a familiar acquaintance with the principles of + that government. The late revolution has rendered it a tyrannical + aristocracy, more likely to give ill, than good ideas to an American. I + think the balance in favor of Rome. Pisa is sometimes spoken of, as a + place of education. But it does not offer the first and third of the + advantages of Rome. But why send an American youth to Europe for + education? What are the objects of an useful American education? Classical + knowledge, modern languages, chiefly French, Spanish, and Italian; + Mathematics, Natural Philosophy, Natural History, Civil History, and + Ethics. In Natural Philosophy, I mean to include Chemistry and + Agriculture, and in Natural History, to include Botany, as well as the + other branches of those departments. It is true, that the habit of + speaking the modern languages cannot be so well acquired in America; but + every other article can be as well acquired at William and Mary College, + as at any place in Europe. When college education is done with, and a + young man is to prepare himself for public life, he must cast his eyes + (for America) either on Law or Physic. For the former, where can he apply + so advantageously as to Mr. Wythe? For the latter, he must come to Europe: + the medical class of students, therefore, is the only one which need come + to Europe. Let us view the disadvantages of sending a youth to Europe. To + enumerate them all, would require a volume. I will select a few. If he + goes to England, he learns drinking, horse-racing, and boxing. These are + the peculiarities of English education. The following circumstances are + common to education in that, and the other countries of Europe. He + acquires a fondness for European luxury,and dissipation, and a contempt + for the simplicity of his own country; he is fascinated with the + privileges of the European aristocrats, and sees, with abhorrence, the + lovely equality which the poor enjoy with the rich in his own country; he + contracts a partiality for aristocracy or monarchy; he forms foreign + friendships which will never be useful to him, and loses the season of + life for forming in his own country those friendships, which, of all + others, are the most faithful and permanent; he is led by the strongest of + all the human passions into a spirit for female intrigue, destructive of + his own and others’ happiness, or a passion for whores, destructive of his + health, and in both cases, learns to consider fidelity to the marriage bed + as an ungentlemanly practice, and inconsistent with happiness; he + recollects the voluptuary dress and arts of the European women, and pities + and despises the chaste affections and simplicity of those of his own + country; he retains, through life, a fond recollection, and a hankering + after those places, which were the scenes of his first pleasures and of + his first connections; he returns to his own country a foreigner, + unacquainted with the practices of domestic economy necessary to preserve + him from ruin, speaking and writing his native tongue as a foreigner, and + therefore unqualified to obtain those distinctions, which eloquence of the + pen and tongue ensures in a free country; for, I would observe to you, + that what is called style in writing or speaking, is formed very early in + life, while the imagination is warm, and impressions are permanent. I am + of opinion, that there never was an instance of a man’s writing or + speaking his native tongue with elegance, who passed from fifteen to + twenty years of age out of the country where it was spoken. Thus, no + instance exists of a person’s writing two languages perfectly. That will + always appear to be his native language, which was most familiar to him in + his youth. It appears to me then, that an American coming to Europe for + education, loses in his knowledge, in his morals, in his health, in his + habits, and in his happiness. I had entertained only doubts on this head, + before I came to Europe: what I see and hear, since I came here, proves + more than I had even suspected. Cast your eye over America: who are the + men of most learning, of most eloquence, most beloved by their countrymen, + and most trusted and promoted by them? They are those who have been + educated among them, and whose manners, morals, and habits, are perfectly + homogeneous with those of the country. + </p> + <p> + Did you expect by so short a question, to draw such a sermon on yourself? + I daresay you did not. But the consequences of foreign education are + alarming to me, as an American. I sin, therefore, through zeal, whenever I + enter on the subject. You are sufficiently American to pardon me for it. + Let me hear of your health, and be assured of the esteem with which I am, + Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0140" id="link2H_4_0140"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXIX.—TO MR. CARMICHAEL, October 18, 1785 + </h2> + <p> + TO MR. CARMICHAEL. + </p> + <p> + Paris, October 18, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of the 29th of September came safely to hand: the constant + expectation of the departure of the persons whom I formerly gave you + reason to expect, has prevented my writing, as it has done yours. They + will probably leave this in a week, but their route will be circuitous and + attended with delays. Between the middle and last of November, they may be + with you. By them, you will receive a cipher, by which you may communicate + with Mr. Adams and myself. I should have sent it by Baron Dreyer, the + Danish minister; but I then expected our own conveyance would have been + quicker. Having mentioned this gentleman, give me leave to recommend him + to your acquaintance. He is plain, sensible, and open: he speaks English + well, and had he been to remain here, I should have cultivated his + acquaintance much. Be so good as to present me very respectfully to him. + </p> + <p> + This being to go by post, I shall only add the few articles of general + American news, by the last packet. Dr. Franklin arrived in good health at + Philadelphia, the 15th ult., and was received amidst the acclamations of + an immense crowd. No late event has produced greater demonstrations of + joy. It is doubted whether Congress will adjourn this summer; but they are + so thin, they do not undertake important business. Our western posts are + in statu quo. + </p> + <p> + I have the honor to be, with great esteem, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0141" id="link2H_4_0141"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXX.—TO MESSRS. VAN STAPHORSTS, October 25,1785 + </h2> + <p> + TO MESSRS. VAN STAPHORSTS. + </p> + <p> + Paris, October 25,1785. + </p> + <p> + Gentlemen, + </p> + <p> + I received yesterday your favor of the 20th instant. In order to give you + the information you desire, on the subject of the liquidated debts of the + United States, and the comparative footing on which they stand, I must + observe to you, that the first and great division of our federal debt, is, + into 1. foreign; and 2. domestic. The foreign debt comprehends, 1. the + loan from the government of Spain; 2. the loans from the government of + France, and from the Farmers General; 3. the loans negotiated in Holland, + by order of Congress. This branch of our debt stands absolutely singular: + no man in the United States having ever supposed that Congress, or their + legislatures, can, in any wise, modify or alter it. They justly view the + United States as the one party, and the lenders as the other, and that the + consent of both would be requisite, were any modification to be proposed. + But with respect to the domestic debt, they consider Congress as + representing both the borrowers and lenders, and that the modifications + which have taken place in this, have been necessary to do justice between + the two parties, and that they flowed properly from Congress as their + mutual umpire. The domestic debt comprehends 1. the army debt; 2. the + loan-office debt; 3. the liquidated debt; and 4. the unliquidated debt. + The first term includes debts to the officers and soldiers for pay, + bounty, and subsistence. The second term means monies put into the + loan-office of the United States. The third comprehends all debts + contracted by quarter-masters, commissioners, and others duly authorized + to procure supplies for the army, and which have been liquidated (that is, + settled) by commissioners appointed under the resolution of Congress, of + June the 12th, 1780, or by the officer who made the contract. The fourth + comprehends the whole mass of debts, described in the preceding article, + which have not yet been liquidated. These are in a course of liquidation, + and are passing over daily into the third class. The debts of this third + class, that is, the liquidated debt, is the object of your inquiry. No + time is fixed for the payment of it, no fund as yet determined, nor any + firm provision for the interest in the mean time. The consequence is, that + the certificates of these debts sell greatly below par. When I left + America, they could be bought for from two shillings and sixpence to + fifteen shillings, in the pound: this difference proceeding from the + circumstance of some STates having provided for paying the interest on + those due in their own State, which others had not. Hence, an opinion had + arisen with some, and propositions had even been made in the legislatures, + for paying off the principal of these debts with what they had cost the + holder, and interest on that. This opinion is far from being general, and + I think will not prevail. But it is among possible events. + </p> + <p> + I have been thus particular, that you might be able to judge, not only in + the present case, but also in others, should any attempts be made to + speculate in your city, on these papers. It is a business, in which + foreigners will be in great danger of being duped. It is a science which + bids defiance to the powers of reason. To understand it, a man must not + only be on the spot, and be perfectly possessed of all the circumstances + relative to every species of these papers, but he must have that dexterity + which the habit of buying and selling them alone gives. The brokers of + these certificates are few in number, and any other person venturing to + deal with them, engages in a very unequal contest. + </p> + <p> + i have the honor to be, with the highest respect, gentlemen, + </p> + <p> + your most obedient humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0142" id="link2H_4_0142"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXI.—TO WILLIAM CARMICHAEL, November 4, 1785 + </h2> + <p> + TO WILLIAM CARMICHAEL. + </p> + <p> + Paris, November 4, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I had the honor of writing you on the 18th of October, and again on the + 25th of the same month. Both letters, being to pass through the + post-offices, were confined to particular subjects. The first of them + acknowledged the receipt of yours of September the 29th. + </p> + <p> + At length a confidential opportunity arrives for conveying to you a + cipher; it will be handed you by the bearer, Mr, Lambe. Copies of it are + in the hands of Mr. Adams, at London, Mr. Barclay, who is proceeding to + Morocco, and Mr. Lambe, who is proceeding to Algiers. This enables us to + keep up such correspondences with each other, as maybe requisite. + Congress, in the spring of 1784, gave powers to Mr. Adams, Dr. Franklin, + and myself, to treat with the Barbary States. But they gave us no money + for them, and the other duties assigned us rendered it impossible for us + to proceed thither in person. These things having been represented to + them, they assigned to us a certain sum of money, and gave us powers to + delegate agents to treat with those States, and to form preliminary + articles, but confining to us the signing of them in a definitive form. + They did not restrain us in the appointment of the agents; but the orders + of Congress were brought to us by Mr. Lambe, they had waited for him four + months, and the recommendations he brought, pointed him out, in our + opinion, as a person who would meet the approbation of Congress. We + therefore appointed him to negotiate with the Algerines. His manners and + appearance are not promising. But he is a sensible man, and seems to + possess some talents which may be proper in a matter of bargain. We have + joined with him, as secretary, a Mr. Randall, from New York, in whose + prudence we hope he will find considerable aid. They now proceed to + Madrid, merely with the view of seeing you, as we are assured they will + receive from you lights which may be useful to them. I hear that D’Expilly + and the Algerine ministers have gone from Madrid. Letters from Algiers, of + August the 24th, inform me, that we had two vessels and their crews in + captivity there, at that time. I have never had reason to believe + certainly, that any others had been captured. Should Mr. Lambe have + occasion to draw bills, while in Spain, on Mr. Adams, you may safely + assure the purchasers that they will be paid. + </p> + <p> + An important matter detains Mr. Barclay some days longer, and his journey + to Madrid will be circuitous. Perhaps he may arrive there a month later + than Lambe. It would be well if the Emperor of Morocco could, in the mean + time, know that such a person is on the road. Perhaps you may have an + opportunity of notifying this to him officially, by asking from him + passports for Mr. Barclay and his suite. This would be effecting too[sp.] + good purposes at once, if you can find an opportunity. + </p> + <p> + Your letter of September the 2d did not get to my hands till these + arrangements were all taken between Mr. Adams and myself, and the persons + appointed. That gave me the first hint that you would have acted in this + business. I mean no flattery when I assure you, that no person would have + better answered my wishes. At the same time, I doubt whether Mr. Adams and + myself should have thought ourselves justifiable in withdrawing a servant + of the United States from a post equally important with those, which + prevented our acting personally in the same business. I am sure, that, + remaining where you are, you will be able to forward much the business, + and that you will do it with the zeal you have hitherto manifested on + every occasion. + </p> + <p> + Your intercourse with America being less frequent than ours, from this + place, I will state to you, generally, such new occurrences there, as may + be interesting; some of which, perhaps, you will not have been informed + of. It was doubtful, at the date of my last letters, whether Congress + would adjourn this summer. They were too thin, however, to undertake + important business. They had begun arrangements for the establishment of a + mint. The Dollar was decided on as the money unit of America. I believe, + they proposed to have gold, silver, and copper coins, descending and + ascending decimally; viz. a gold coin of ten dollars, a silver coin of one + tenth of a dollar (equal to a Spanish bit), and a copper, of one hundredth + of a dollar. These parts of the plan, however, were not ultimately decided + on. They have adopted the late improvement in the British post-office, of + sending their mails by the stages. I am told, this is done from New + Hampshire to Georgia, and from New York to Albany. Their treasury is + administered by a board, of which Mr. Walter Livingston, Mr. Osgood, and + Dr. Arthur Lee, are members. Governor Rutledge who had been appointed + minister to the Hague, on the refusal of Governor Livingston, declines + coming. We are uncertain whether the States will generally come into the + proposition of investing. Congress with the regulation of their commerce. + Massachusetts has passed an act, the first object of which seemed to be, + to retaliate on the British commercial measures, but in the close of it, + they impose double duties on all goods imported in bottoms not wholly + owned by citizens of our States. New Hampshire has followed the example. + This is much complained of here, and will probably draw retaliating + measures from the States of Europe, if generally adopted in America, or + not corrected by the States which have adopted it. It must be our endeavor + to keep them quiet on this side the water, under the hope that our + countrymen will correct this step; as I trust they will do. It is no ways + akin to their general system. I am trying here to get contracts for the + supplying the cities of France with whale-oil, by the Boston merchants. It + would be the greatest relief possible to that State, whose commerce is in + agonies, in consequence of being subjected to alien duties on their oil in + Great Britain, which has been heretofore their only market. Can any thing + be done, in this way, in Spain? Or do they there light their streets in + the night? + </p> + <p> + A fracas, which has lately happened in Boston, becoming a serious matter, + I will give you the details of it, as transmitted to Mr. Adams in + depositions. A Captain Stanhope, commanding the frigate Mercury, was sent + with a convoy of vessels from Nova Scotia to Boston, to get a supply of + provisions for that colony. It had happened, that two persons living near + Boston, of the names of Dunbar and Lowthorp, had been taken prisoners + during the war, and transferred from one vessel to another, till they were + placed on board Stanhope’s ship. He treated them most cruelly, whipping + them frequently, in order to make them do duty against their country, as + sailors, on board his ship. The ship going to Antigua to refit, he put all + his prisoners into jail, first giving Dunbar twenty-four lashes. Peace + took place, and the prisoners got home under the general liberation. These + men were quietly pursuing their occupations at home, when they heard that + Stanhope was in Boston. Their indignation was kindled. They immediately + went there, and meeting Stanhope walking in the mall, Dunbar stepped up to + him, and asked him if he recollected him, and the whipping him on board + his ship. Having no weapon in his hand, he struck at Stanhope with his + fist. Stanhope stepped back, and drew his sword. The people interposed, + and guarded him to the door of a Mr. Morton, to which he retreated. There + Dunbar again attempted to seize him; but the high-sheriff had by this time + arrived, who interposed and protected him. The assailants withdrew, and + here ended all appearance of force. But Captain Stanhope thought proper to + write to the Governor, which brought on the correspondence published in + the papers of Europe. Lest you should not have seen it, I enclose it, as + cut from a London paper; though not perfectly exact, it is substantially + so. You will doubtless judge, that Governor Bowdoin referred him properly + to the laws for redress, as he was obliged to do, and as would have been + done in England, in a like case. Had he applied to the courts, the + question would have been whether they would have punished Dunbar. This + must be answered now by conjecture only; and, to form that conjecture, + every man must ask himself, whether he would not have done as Dunbar did; + and whether the people should not have permitted him to return to Stanhope + the twenty-four lashes. This affair has been stated in the London papers, + without mixing with it one circumstance of truth. + </p> + <p> + In your letter of the 27th of June, you were so good as to tell me that + you should shortly send off some of the books I had taken the liberty to + ask you to get for me, and that your correspondent at Bayonne would give + me notice of their arrival there. Not having heard from him, I mention it + to you, lest they should be stopped any where. + </p> + <p> + I am, with great respect, Dear Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0143" id="link2H_4_0143"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXII.—TO RICHARD O’BRYAN, November 4, 1785 + </h2> + <p> + TO RICHARD O’BRYAN. + </p> + <p> + Paris, November 4, 1785. + </p> + <p> + Sir, + </p> + <p> + I wrote you a short letter on the 29th of September, acknowledging the + receipt of yours of August the 24th, from Algiers, and promising that you + should hear further from me soon. Mr. Adams, the American minister at + London, and myself, have agreed to authorize the bearer hereof, Mr. Lambe, + to treat for your redemption, and that of your companions taken in + American vessels, and, if it can be obtained for sums within our power, we + shall have the money paid. But in this we act without instruction from + Congress, and are therefore obliged to take the precaution of requiring, + that you bind your owners for yourself and crew, and the other captain, in + like manner, his owners for himself and crew, and that each person + separately make himself answerable for his own redemption, in case + Congress requires it. I suppose Congress will not require it: but we have + no authority to decide that, but must leave it to their own decision; + which renders necessary the precautions I have mentioned, in order to + justify ourselves for undertaking to redeem you without orders. Mr. Lambe + is instructed to make no bargain without your approbation, and that of the + other prisoners, each for himself. We also direct him to relieve your + present necessities. I sincerely wish you a speedy deliverance from your + distresses, and a happy return to your family. + </p> + <p> + I am, Sir, your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0144" id="link2H_4_0144"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXIII.—TO W. W. SEWARD, November 12,1785 + </h2> + <p> + TO W. W. SEWARD. + </p> + <p> + Paris, November 12,1785. + </p> + <p> + Sir, + </p> + <p> + I received the honor of your letter, of the 25th ult., written by desire + of the associated company of Irish merchants, in London, and return you + thanks for the kind congratulations you express therein. The freedom of + commerce between Ireland and America is undoubtedly very interesting to + both countries. If fair play be given to the natural advantages of + Ireland, she must come in for a distinguished share of that commerce. She + is entitled to it, from the excellence of some of her manufactures, the + cheapness of most of them, their correspondence with the American taste, a + sameness of language, laws, and manners, a reciprocal affection between + the people, and the singular circumstance of her being the nearest + European land to the United States. I am not, at present, so well + acquainted with the trammels of Irish commerce, as to know what they are, + particularly, which obstruct the intercourse between Ireland and America; + nor, therefore, what can be the object of a fleet stationed in the western + ocean, to intercept that intercourse. Experience, however, has taught us + to infer that the fact is probable, because it is impolitic. On the + supposition that this interruption will take place, you suggest Ostend as + a convenient entrepot for the commerce between America and Ireland. Here, + too, I find myself, on account of the same ignorance of your commercial + regulations, at a loss to say why this is preferable to L’Orient, which, + you know, is a free port and in great latitude, which is nearer to both + parties, and accessible by a less dangerous navigation. I make no doubt, + however, that the reasons of the preference are good. You find by this + essay, that I am not likely to be a very instructive correspondent: you + shall find me, however, zealous in whatever may concern the interests of + the two countries. The system into which the United States wished to go, + was that of freeing commerce from every shackle. A contrary conduct in + Great Britain will occasion, them to adopt the contrary system, at least + as to that island. I am sure they would be glad, if it should be, found + practicable, to make that discrimination between Great Britain and + Ireland, which their commercial principles, and their affection for the + latter, would dictate. + </p> + <p> + I have the honor to be, with the highest respect for yourself and the + company for whom you write, Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Tm: Jefferson. + </p> + <p> + <a name="link2H_4_0145" id="link2H_4_0145"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXIV.—TO THE COUNT DE VERGENNES, November 14,1785 + </h2> + <p> + TO THE COUNT DE VERGENNES. + </p> + <p> + Paris, November 14,1785. + </p> + <p> + Sir, + </p> + <p> + I take the liberty of troubling your Excellency on behalf of six citizens + of the United States, who have been for some time confined in the prison + of St. Pol de Léon, and of referring for particulars to the enclosed state + of their case. Some of the material facts therein mentioned, are founded + on the bill of sale for the vessel, her clearance from Baltimore, and her + log-book. The originals of the two last, and a copy of the first, are in + my hands. I have, also, letters from a merchant in Liverpool to Asquith, + which render it really probable that his vessel was bound to Liverpool. + The other circumstances depend on their affirmation, but I must say that + in these facts they have been uniform and steady. I have thus long avoided + troubling your Excellency with this case, in hopes it would receive its + decision in the ordinary course of law, and I relied, that that would + indemnify the sufferers, if they had been used unjustly: but though they + have been in close confinement now near three months, it has yet no + appearance of approaching to decision. In the mean time, the cold of the + winter is coming on, and to men in their situation, may produce events + which would render all indemnification too late. I must, therefore, pray + the assistance of your Excellency, for the liberation of their persons, if + the established order of things may possibly admit of it. As to their + property and their personal sufferings hitherto, I have full confidence + that the laws have provided some tribunal where justice will be done them. + I enclose the opinion of an advocate, forwarded to me by a gentleman whom + I had desired to obtain, from some judicious person of that faculty, a + state of their case. This may perhaps give a better idea than I can, of + the situation of their cause. His inquiries have led him to believe they + are innocent men, but that they must lose their vessel under the edict, + which forbids those under thirty tons to approach the coast. Admitting + their innocence, as he does, I should suppose them not the objects on whom + such an edict was meant to operate. The essential papers, which he says + they re-demanded from him, and did not return, were sent to me, at my + desire. I am, with sentiments of the highest respect, your Excellency’s + most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <i>The case of Lister Asquith, owner of the schooner William and + Catharine, William M’Neil, captain, William Thomson, William Neily, Robert + Anderson, mariners, and William Fowler, passenger</i>. + </p> + <p> + Lister Asquith, citizen of the State of Maryland, having a lawsuit + depending in England which required his presence, as involving in its + issue nearly his whole fortune, determined to go thither in a small + schooner of his own, that he might, at the same time, take with him an + adventure of tobacco and flour to Liverpool, where he had commercial + connections. This schooner he purchased as of fifty-nine and a quarter + tons, as appears by his bill of sale, but she had been registered by her + owner at twenty-one tons, in order to evade the double duties in England, + to which American vessels are now subject. He cleared out from Baltimore + for Liverpool, the 11th of June, 1785, with eight hogsheads of tobacco and + sixty barrels of flour, but ran aground at Smith’s point, sprung a leak, + and was obliged to return to Baltimore to refit. Having stopped his leak, + he took his cargo on board again, and his health being infirm, he engaged + Captain William M’Neil* to go with him, and on the 20th of June sailed for + Norfolk in Virginia, and, on the 22nd, came to in Hampton road, at the + mouth of the river on which Norfolk is. Learning here, that tobacco would + be better than flour for the English market, he landed fifty barrels of + his flour and one hogshead of tobacco, which he found to be bad, meaning + to take, instead thereof, nine hogsheads of tobacco more. But the same + night it began to blow very hard, with much rain. The 23d, the storm + became more heavy; they let go both their anchors, but were driven, + notwithstanding, from their anchorage, forced to put to sea and to go + before the wind. The occurrences of their voyage will be best detailed by + short extracts from the log-book. + </p> +<pre xml:space="preserve"> + * This was the officer, who, on the evacuation of Fort + Mifflin, after the British had passed the chevaux-de-frise + on the Delaware, was left with fifteen men to destroy the + works, which he did, and brought off his men successfully. + He had, before that, been commander of the Rattlesnake sloop + of war, and had much annoyed the British trade; Being bred a + seaman, he has returned to that vocation. +</pre> + <p> + June 24. The weather becomes worse. One of the fore shrouds and the + foremast, carried away. + </p> + <p> + June 25. Shifted their ballast, which threw them on their beam ends, and + shipped a very heavy sea. Held a consultation; the result of which was, + that seeing they were now driven so far to sea, and the weather continuing + still very bad, it was better to steer for Liverpool, their port of + destination, though they had not their cargo on board, and no other + clearance but that which they took from Baltimore. + </p> + <p> + June 29. The first observation they had been able to take N.lat. 38° 13’. + </p> + <p> + June 30. Winds begin to be light, but the sea still very heavy. + </p> + <p> + July 5. Light winds and a smooth sea for the first time, in lat. 43° 12’. + </p> + <p> + July 9. Spoke a French brig, Comte D’Artois, Captain Mieaux, from St. + Maloes, in distress for provisions. Relieved her with three barrels of + flour. + </p> + <p> + Aug. 6. Thick weather and strong wind. Made the Land’s End of England. + </p> + <p> + Aug. 7. Unable to fetch the land, therefore bore off for Scilly, and came + to with both anchors. Drove, notwithstanding, and obliged to get up the + anchors, and put to sea, running southwardly. + </p> + <p> + Aug. 8. Made the land of France, but did not know what part. + </p> + <p> + Here the log-book ends. At this time they had on board but ten gallons of + water, four or five barrels of bread, two or three pounds of candles, no + firewood. Their sails unfit to be trusted to any longer, and all their + materials for mending them exhausted by the constant repairs which the + violence of the weather had called for. They therefore took a pilot + aboard, who carried them into Pont Duval; but being informed by the + captain of a vessel there, that the schooner was too sharp built (as the + American vessels mostly are) to lie in that port, they put out + immediately, and the next morning the pilot brought them to anchor in the + road of the Isle de Bas. Asquith went immediately to Roscaff, protested at + the admiralty the true state of his case, and reported his vessel and + cargo at the custom-house. In making the report of his vessel, he stated + her as of twenty-one tons, according to his register. The officer informed + him that if she was no larger, she would be confiscated by an edict, which + forbids all vessels, under thirty tons, to approach the coast. He told the + officer what was the real truth as to his register and his bill of sale, + and was permitted to report her according to the latter. He paid the usual + fees of ten livres and seven sols, and obtained a clearance. + Notwithstanding this, he was soon visited by other persons, whom he + supposes to have been <i>commis</i> of the <i>Fermes</i>, who seized his + vessel, carried her to the pier, and confined the crew to the vessel and + half the pier, putting centinels over them. They brought a guager, who + measured only her hold and part of her steerage, allowing nothing for the + cockpit, cabin, forecastle, and above one half of the steerage, which is + almost half the vessel, and thus made her contents (if that had been of + any importance) much below the truth. The tobacco was weighed, and found + to be six thousand four hundred and eighty-seven pounds,* which was sent + on the 18th to Landivisiau, and on the 19th, they were committed to close + prison at St. Pol de Léon, where they have been confined ever since. They + had, when they first landed, some money, of which they were soon + disembarrassed by different persons, who, in various forms, undertook to + serve them. Unable to speak or understand a word of the language of the + country, friendless, and left without money, they have languished three + months in a loathsome jail, without any other sustenance, a great part of + the time, than what could be procured for three sous a day, which have + been furnished them to prevent their perishing. + </p> +<pre xml:space="preserve"> + * A hogshead of tobacco weighs generally about one thousand + pounds, English, equal to nine hundred and seventeen pounds + French. The seven hogsheads he sailed with, would therefore + weigh, according to this estimate, six thousand four hundred + and twenty-three pounds. They actually weighed more on the + first essay. When afterwards weighed at Landivisiau, they + had lost eighty-four pounds on being carried into a drier + air. Perhaps, too, a difference of weights may have entered + into this apparent loss. +</pre> + <p> + They have been made to understand that a criminal process is going on + against them under two heads. 1. As having sold tobacco in contraband; and + 2., as having entered a port of France in a vessel of less than thirty + tons’ burthen. In support of the first charge, they understand that the + circumstance is relied on, of their having been seen off the coast by the + <i>employés des Fermes</i>, one or two days. They acknowledge they may + have been so seen while beating off Pont Duval, till they could get a + pilot, while entering that port, and again going round from thence to the + road of the Isle de Bas. The reasons for this have been explained. They + further add, that all the time they were at Pont Duval they had a King’s + officer on board, from whom, as well as from their pilot, and the captain, + by whose advise they left that port for the Isle de Bas, information can + be obtained by their accusers (who are not imprisoned) of the true motives + for that measure. It is said to be urged also, that there was found in + their vessel some loose tobacco in a blanket, which excites a suspicion + that they had been selling tobacco. When they were stowing their loading, + they broke a hogshead, as is always necessary, and is always done, to fill + up the stowage, and to consolidate and keep the whole mass firm and in + place. The loose tobacco which had come out of the broken hogshead, they + re-packed in bags: but in the course of the distress of their disastrous + voyage, they had employed these bags, as they had done every thing else of + the same nature, in mending their sails. The condition of their sails when + they came into port will prove this, and they were seen by witnesses + enough, to whom their accusers, being at their liberty, can have access. + Besides, the sale of a part of their tobacco is a fact, which, had it + taken place, might have been proved; but they deny that it has been + proved, or ever can be proved by true men, because it never existed. And + they hope the justice of this country does not permit strangers, seeking + in her ports an asylum from death, to be thrown into jail and continued + there indefinitely, on the possibility of a fact, without any proof. More + especially when, as in the present case, a demonstration to the contrary + is furnished by their clearance, which shows they never had more than + eight hogsheads of tobacco on board, of which one had been put ashore at + Hampton in Virginia, as has been before related, and the seven others + remained when they first entered port. If they had been smugglers of + tobacco, the opposite coast offered a much fairer field, because the gain + there is as great; because they understand the language and laws of the + country, they know its harbors and coasts, and have connections in them. + These circumstances are so important to smugglers, that it is believed no + instance has ever occurred of the contraband tobacco, attempted on this + side the channel, by a crew wholly American. Be this as it may, they are + not of that description of men. + </p> + <p> + As to the second charge, that they have entered a port of France in a + vessel of less than thirty tons’ burthen, they, in the first place, + observe, that they saw the guager measure the vessel, and affirm that his + method of measuring could render little more than half her true contents: + but they say, further, that were she below the size of thirty tons, and, + when entering the port, had they known of the alternative of either + forfeiting their vessel and cargo, or of perishing at sea; they must still + have entered the port: the loss of their vessel and cargo being the lesser + evil. But the character of the lawgiver assures them, that the intention + of his laws are perverted, when misapplied to persons, who, under their + circumstances, take refuge in his ports. They have no occasion to recur + from his clemency to his justice, by claiming the benefit of that article + in the treaty which binds the two nations together, and which assures to + the fugitives of either from the dangers of the sea, a hospitable + reception and necessary aids in the ports of the other, and that, without + measuring the size of their vessel. + </p> + <p> + Upon the whole, they protest themselves to have been as innocent as they + have been unfortunate. Instead of relief in a friendly port, they have + seen their misfortunes aggravated by the conduct of officers, who, in + their greediness for gain, can see in no circumstance any thing but proofs + of guilt. They have already long suffered and are still suffering whatever + scanty sustenance, an inclement season, and close confinement can offer + most distressing to men who have been used to neither, and who have wives + and children at home participating of their distresses; they are utterly + ignorant of the laws and language of the country, where they are + suffering; they are deprived of that property which would have enabled + them to procure counsel to place their injuries in a true light; they are + distant from the stations of those who are appointed by their country to + patronize their rights; they are not at liberty to go to them, nor able to + have communication through any other than the uncertain medium of the + posts; and they see themselves already ruined by the losses and delays + they have been made to incur, and by the failure of the original object of + their voyage. They throw themselves, therefore, on the patronage of the + government, and pray that its energy may be interposed in aid of their + poverty and ignorance, to restore them to their liberty, and to extend to + them that retribution which the laws of every country mean to extend to + those who suffer unjustly. + </p> + <p> + <a name="link2H_4_0146" id="link2H_4_0146"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXV.—TO JOHN ADAMS, November 19, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, November 19, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote to you on the 11th of October, by Mr. Preston, and again on the + 18th of the same month, by post. Since that, yours of September the 25th, + by Mr. Boylston, of October the 24th, November the 1st, and November the + 4th, have come safe to hand. I will take up their several subjects in + order. Boylston’s object was, first, to dispose of a cargo of spermaceti + oil, which he brought to Havre. A secondary one, was to obtain a contract + for future supplies. I carried him to the Marquis de la Fayette. As to his + first object, we are in hopes of getting the duties taken off, which will + enable him to sell his cargo. This has led to discussions with the + ministers, which give us a hope that we may get the duties taken off in + perpetuum. This done, a most abundant market for our oil will be opened by + this country, and one which will be absolutely dependant on us; for they + have little expectation themselves of establishing a successful + whale-fishery. It is possible they may only take the duties off of those + oils, which shall be the produce of associated companies of French and + American merchants. But as yet, nothing certain can be said. + </p> + <p> + I thank you for the trouble you have taken to obtain insurance on Houdon’s + life. I place the thirty-two pounds and eleven shillings to your credit, + and not being able, as yet, to determine precisely how our accounts stand, + I send a sum by Colonel Smith, which may draw the scales towards a + balance. + </p> + <p> + The determination of the British cabinet to make no equal treaty with us, + confirms me in the opinion expressed in your letter of October the 24th, + that the United States must pass a navigation act against Great Britain, + and load her manufactures with duties, so as to give a preference to those + of other countries: and I hope our Assemblies will wait no longer, but + transfer such a power to Congress, at the sessions of this fall. I + suppose, however, it will only be against Great Britain, and I think it + will be right not to involve other nations in the consequences of her + injustice. I take for granted, that the commercial system wished for by + Congress, was such a one, as should leave commerce on the freest footing + possible. This was the plan on which we prepared our general draught for + treating with all nations. Of those with whom we were to treat, I ever + considered England, France, Spain, and Portugal as capitally important; + the first two, on account of their American possessions, the last, for + their European as well as American. Spain is treating in America, and + probably will give an advantageous treaty. Portugal shows dispositions to + do the same. France does not treat. It is likely enough she will choose to + keep the staff in her own hands. But, in the mean time, she gives us an + access to her West Indies, which, though not all we wish, is yet extremely + valuable to us: this access, indeed, is much affected by the late <i>Arrêts</i> + of the 18th and 25th of September, which I enclose to you. I consider + these as a reprisal for the navigation acts of Massachusetts and New + Hampshire. The minister has complained to me, officially, of these acts, + as a departure from the reciprocity stipulated for by the treaty. I have + assured him that his complaints shall be communicated to Congress, and in + the mean time, observed that the example of discriminating between + foreigners and natives had been set by the <i>Arrêt</i> of August, 1784, + and still more remarkably by those of September the 18th and 25th, which, + in effect, are a prohibition of our fish in their islands. However, it is + better for us, that both sides should revise what they have done. I am in + hopes this country did not mean these as permanent regulations. Mr. + Bingham, lately from Holland, tells me that the Dutch are much + dissatisfied with these acts. In fact, I expect the European nations, in + general, will rise up against an attempt of this kind, and wage a general + commercial war against us. They can do well without all our commodities + except tobacco, and we cannot find, elsewhere, markets for them. The + selfishness of England alone will not justify our hazarding a contest of + this kind against all Europe. Spain, Portugal, and France, have not yet + shut their doors against us: it will be time enough, when they do, to take + up the commercial hatchet. I hope, therefore, those States will repeal + their navigation clauses, except as against Great Britain and other + nations not treating with us. + </p> + <p> + I have made the inquiries you desire, as to American ship-timber for this + country. You know they sent some person (whose name was not told us) to + America, to examine the quality of our masts, spars, &c. I think this + was young Chaumont’s business. They have, besides this, instructed the + officer who superintends their supplies of masts, spars, foe., to procure + good quantities from our northern States; but I think they have made no + contract: on the contrary, that they await the trials projected, but with + a determination to look to us for considerable supplies, if they find our + timber answer. They have on the carpet a contract for live-oak from the + southern States. + </p> + <p> + You ask why the Virginia merchants do not learn to sort their own + tobaccos? They can sort them as well as any other merchants whatever. + Nothing is better known than the quality of every hogshead of tobacco, + from the place of its growth. They know, too, the particular qualities + required in every market. They do not send their tobaccos, therefore, to + London to be sorted, but to pay their debts: and though they could send + them to other markets and remit the money to London, yet they find it + necessary to give their English merchant the benefit of the consignment of + the tobacco (which is enormously gainful), in order to induce him to + continue his indulgence for the balance due. + </p> + <p> + Is it impossible to persuade our countrymen to make peace with the Nova + Scotians? I am persuaded nothing is wanting but advances on our part; and + that it is in our power to draw off the greatest proportion of that + settlement, and thus to free ourselves from rivals who may become of + consequence. We are, at present, co-operating with Great Britain, whose + policy it is to give aliment to that bitter enmity between her States and + ours, which may secure her against their ever joining us. But would not + the existence of a cordial friendship between us and them, be the best + bridle we could possibly put into the mouth of England? + </p> + <p> + With respect to the Danish business, you will observe that the + instructions of Congress, article 3, of October the 29th, 1783, put it + entirely into the hands of the <i>Ministers Plenipotentiary of the United + States of America at the court of Versailles, empower to to negotiate a + peace, or to any one or more of them</i>. At that time, I did not come + under this description. I had received the permission of Congress to + decline coming, in the spring preceding that date. On the first day of + November, 1783, that is to say, two days after the date of the + instructions to the commissioners, Congress recommended John Paul Jones to + the Minister Plenipotentiary of the United States, at Versailles, as + agent, to solicit, under his direction, the payment of all prizes taken in + Europe under his command. But the object under their view, at that time, + was assuredly the money due from the court of Versailles, for the prizes + taken in the expedition by the Bon-homme Richard, the Alliance, &c. In + this business, I have aided him effectually, having obtained a definitive + order for paying the money to him, and a considerable proportion being + actually paid him. But they could not mean by their resolution of November + the 1st, to take from the commissioners, powers which they had given them + two days before. If there could remain a doubt that this whole power has + resulted to you, it would be cleared up by the instructions of May the + 7th, 1784, article 9, which declare, ‘that these instructions be + considered as supplementary to those of October the 29th, 1783, and not as + revoking, except where they contradict them;’ which shows that they + considered the instructions of October the 29th, 1783, as still in full + force. I do not give you the trouble of this discussion, to save myself + the trouble of the negotiation. I should have no objections to this part: + but it is to avoid the impropriety of meddling in a matter wherein I am + unauthorized to act, and where any thing I should pretend to conclude with + the court of Denmark, might have the appearance of a deception on them. + Should it be in my power to render any service in it, I shall do it with + cheerfulness; but I repeat, that I think you are the only person + authorized. + </p> + <p> + I received, a few days ago, the <i>Nuova Minuta</i> of Tuscany, which + Colonel Humphreys will deliver you. I have been so engaged that I have not + been able to go over it with any attention. I observe, in general, that + the order of the articles is entirely deranged, and their diction almost + totally changed. When you shall have examined it, if you will be so good + as to send me your observations by post, in cipher, I will communicate + with you in the same way, and try to mature this matter. + </p> + <p> + The deaths of the Dukes of Orleans and Praslin, will probably reach you + through the channel of the public papers, before this letter does. Your + friends the Abbes are well, and always speak of you with affection. + Colonel Humphreys comes to pass some time in London. My curiosity would + render a short trip thither agreeable to me also, but I see no probability + of taking it. I will trouble you with my respects to Dr. Price. Those to + Mrs. Adams, I witness in a letter to herself. + </p> + <p> + I am, with very great esteem, Dear Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0147" id="link2H_4_0147"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXVI.—TO THE COUNT DE VERGENNES, November 20, 1785 + </h2> + <p> + TO THE COUNT DE VERGENNES. + </p> + <p> + Paris, November 20, 1785. + </p> + <p> + Sir, + </p> + <p> + I found here, on my return from Fontainebleau, the letter of October the + 30th, which your Excellency did me the honor there of informing me had + been addressed to me at this place; and I shall avail myself of the first + occasion of transmitting it to Congress, who will receive, with great + pleasure; these new assurances of the friendly sentiments, which his + Majesty is pleased to continue towards the United States. + </p> + <p> + I am equally persuaded they will pay the most serious attention to that + part of your Excellency’s letter, which mentions the information you have + received of certain acts or regulations of navigation and commerce, passed + in some of the United States, which are injurious to the commerce of + France. In the mean time, I wish to remove the unfavorable impressions + which those acts seem to have made, as if they were a departure from the + reciprocity of conduct, stipulated for by the treaty of February the 6th, + 1776. The effect of that treaty is, to place each party with the other, + always on the footing of the most favored nation. But those who framed the + acts, probably did not consider the treaty as restraining either from + discriminating between foreigners and natives. Yet this is the sole effect + of these acts. The same opinion, as to the meaning of the treaty, seems to + have been entertained by this government, both before and since the date + of these acts. For the <i>Arrêt</i> of the King’s Council, of August the + 30th, 1784, furnished an example of such a discrimination between + foreigners and natives, importing salted fish into his Majesty’s dominions + in the West Indies; by laying a duty on that imported, by foreigners, and + giving out the same, in bounty, to native importers. This opinion shows + itself more remarkably in the late <i>Arrêts</i> of the 18th and 25th of + September, which, increasing to excess the duty on foreign importations of + fish into the West Indies, giving the double, in bounty, on those of + natives, and thereby rendering it impossible for the former to sell in + competition with the latter, have, in effect, prohibited the importation + of that article by the citizens of the United States. + </p> + <p> + Both nations, perhaps, may come into the opinion, that their friendship + and their interests may be better cemented, by approaching the condition + of their citizens, reciprocally, to that of natives, as a better ground of + intercourse than that of the most favored nation. I shall rest with hopes + of being authorized, in due time, to inform your Excellency that nothing + will be wanting, on our part, to evince a disposition to concur in + revising whatever regulations may, on either side, bear hard on the + commerce of the other nation. In the mean time I have the honor to assure + you of the profound respect and esteem, with which + </p> + <p> + I have the honor to be, + </p> + <p> + your Excellency’s + </p> + <p> + most obedient and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0148" id="link2H_4_0148"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXVII.—TO LISTER ASQUITH, November 23, 1785 + </h2> + <p> + TO LISTER ASQUITH. + </p> + <p> + Paris, November 23, 1785. + </p> + <p> + Sir, + </p> + <p> + I have received your letter of the 14th instant. It was not till the 8th + of this month, that I could obtain information from any quarter, of the + particular court in which your prosecution was instituted, and the ground + on which it was founded. I then received it through the hands of Monsieur + Desbordes, at Brest. I have sent to the Count de Vergennes a statement of + your case, of which the enclosed is a copy. I wish you would read it over, + and if there be any fact stated in it, which is wrong, let me know it, + that I may have it corrected. I at the same time wrote him an urgent + letter in your behalf. I have daily expected an answer, which has + occasioned my deferring writing to you. The moment I receive one, you may + be assured of my communicating it to you. My hopes are, that I may obtain + from the King a discharge of the persons of all of you: but, probably, + your vessel and cargo must go through a process. I have sincerely + sympathized with your misfortunes, and have taken every step in my power + to get into the right line for obtaining relief. If it will add any + comfort to your situation and that of your companions, to be assured that + I never lose sight of your sufferings, and leave nothing undone to + extricate you, you have that assurance. I am, Sir, + </p> + <p> + your very humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0149" id="link2H_4_0149"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXVIII.—TO JOHN ADAMS, November 27, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, November 27, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of the 5th came to hand yesterday, and Colonel Smith and + Colonel Humphreys (by whom you will receive one of the 19th from me) being + to set out to-morrow, I hasten to answer it. I sincerely rejoice that + Portugal is stepping forward in the business of treaty, and that there is + a probability that we may at length do something under our commissions, + which may produce a solid benefit to our constituents. I as much rejoice, + that it is not to be negotiated through the medium of the torpid, + uninformed machine, at first made use of. I conjecture, from your relation + of the conference with the Chevalier de Pinto, that he is well informed + and sensible. So much the better. It is one of those cases, where the + better the interests of the two parties are understood, the broader will + be the basis on which they will connect them. + </p> + <p> + To the very judicious observations on the subjects of the conference, + which were made by you, I have little to add. + </p> + <p> + Flour. It may be observed, that we can sell them the flour ready + manufactured, for much less than the wheat of which it is made. In + carrying to them wheat, we carry also the bran, which does not pay its own + freight. In attempting to save and transport wheat to them, much is lost + by the weavil, and much spoiled by heat in the hold of the vessel. This + loss must be laid on the wheat which gets safe to market, where it is paid + for by the consumer. Now, this is much more than the cost of manufacturing + it with us, which would prevent that loss. I suppose the cost of + manufacturing does not exceed seven per cent, on the value. But the loss + by the weavil, and other damage on ship-board, amount to much more. Let + them buy of us as much wheat as will make a hundred weight of flour. They + will find that they have paid more for the wheat, than we should have + asked for the flour, besides having lost the labor of their mills in + grinding it. The obliging us, therefore, to carry it to them in the form + of wheat, is a useless loss to both parties. + </p> + <p> + Iron. They will get none from us. We cannot make it in competition with + Sweden, or any other nation of Europe, where labor is so much cheaper. + </p> + <p> + Wines. The strength of the wines of Portugal will give them always an + almost exclusive possession of a country, where the summers are so hot as + in America. The present demand will be very great, if they will enable us + to pay for them; but if they consider the extent and rapid population of + the United States, they must see that the time is not distant, when they + will not be able to make enough for us, and that it is of great importance + to avail themselves of the prejudices already established in favor of + their wines, and to continue them, by facilitating the purchase. Let them + do this, and they need not care for the decline of their use in England. + They will be independent of that country. + </p> + <p> + Salt. I do not know where the northern States supplied themselves with + salt, but the southern ones took great quantities from Portugal. + </p> + <p> + Cotton and Wool. The southern States will take manufactures, of both: the + northern, will take both the manufactures and raw materials. + </p> + <p> + East India goods of every kind. Philadelphia and New York have begun a + trade to the East Indies. Perhaps Boston may follow their example. But + their importations will be sold only to the country adjacent to them. For + a long time to come, the States south of the Delaware, will not engage in + a direct commerce with the East Indies. They neither have nor will have + ships or seamen for their other commerce: nor will they buy East India + goods of the northern States. Experience shows that the States never + bought foreign goods of one another. The reasons are, that they would, in + so doing, pay double freight and charges; and again, that they would have + to pay mostly in cash, what they could obtain for commodities in Europe. I + know that the American merchants have looked, with some anxiety, to the + arrangements to be taken with Portugual, in expectation that they could, + through her, get their East India articles on better and more convenient + terms; and I am of opinion, Portugal will come in for a good share of this + traffic with the southern States, if they facilitate our payments. + </p> + <p> + Coffee. Can they not furnish us with this article from Brazil? + </p> + <p> + Sugar. The Brazil sugars are esteemed, with us, more than any other. + </p> + <p> + Chocolate. This article, when ready made, as also the cocoa, becomes so + soon rancid, and the difficulties of getting it fresh, have been so great + in America, that its use has spread but little. The way to increase its + consumption would be, to permit it to be brought to us immediately from + the country of its growth. By getting it good in quality, and cheap in + price, the superiority of the article, both for health and nourishment, + will soon give it the same preference over tea and coffee in America, + which it has in Spain, where they can get it by a single voyage, and, of + course, while it is sweet. The use of the sugars, coffee, and cotton of + Brazil, would also be much extended by a similar indulgence. + </p> + <p> + Ginger and spices from the Brazils, if they had the advantage of a direct + transportation, might take place of the same articles from the East + Indies. + </p> + <p> + Ginseng. We can furnish them with enough to supply their whole demand for + the East Indies. + </p> + <p> + They should be prepared to expect, that in the beginning of this commerce, + more money will be taken by us than after a while. The reasons are, that + our heavy debt to Great Britain must be paid, before we shall be masters + of our own returns; and again, that habits of using particular things are + produced only by time and practice. + </p> + <p> + That as little time as possible may be lost in this negotiation, I will + communicate to you at once, my sentiments as to the alterations in the + draught sent them, which will probably be proposed by them, or which ought + to be proposed by us, noting only those articles. + </p> + <p> + Article 3. They will probably restrain us to their dominions in Europe. We + must expressly include the Azores, Madeiras, and Cape de Verde Islands, + some of which are deemed to be in Africa. We should also contend for an + access to their possessions in America, according to the gradation in the + 2nd article of our instructions, of May the 7th, 1784. But if we can + obtain it in no one of these forms, I am of opinion we should give it up. + </p> + <p> + Article 4. This should be put into the form we gave it, in the draught + sent you by Dr. Franklin and myself, for Great Britain. I think we had not + reformed this article, when we sent our draught to Portugal. You know, the + Confederation renders the reformation absolutely necessary; a circumstance + which had escaped us at first. + </p> + <p> + Article 9. Add, from the British draught, the clause about wrecks. + </p> + <p> + Article 13. The passage ‘nevertheless,’ &c. to run as in the British + draught. + </p> + <p> + Article 18. After the word ‘accident,’ insert ‘or wanting supplies of + provisions or other refreshments.’ And again, instead of ‘take refuge,’ + insert ‘come,’ and after ‘of the other,’ insert ‘in any part of the + world.’ The object of this is to obtain leave for our whaling vessels to + refit and refresh on the coast of the Brazils; an object of immense + importance to that class of our vessels. We must acquiesce under such + modifications as they may think necessary for regulating this indulgence, + in hopes to lessen them in time, and to get a pied a terre in that + country. + </p> + <p> + Article 19. Can we get this extended to the Brazils? It would be precious + in case of war with Spain. + </p> + <p> + Article 23. Between ‘places’ and ‘whose,’ insert ‘and in general, all + others,’ as in the British draught. + </p> + <p> + Article 24. For ‘necessaries,’ substitute ‘comforts.’ + </p> + <p> + Article 25. Add ‘but if any such consuls shall exercise commerce,’ &c. + as in the British draught. + </p> + <p> + We should give to Congress as early notice as possible, of the + re-institution of this negotiation; because, in a letter by a gentleman + who sailed from Havre, the 10th instant, I communicated to them the answer + of the Portuguese minister, through the ambassador here, which I sent to + you. They may, in consequence, be making other arrangements, which might + do injury. The little time which now remains, of the continuance of our + commissions, should also be used with the Chevalier de Pinto, to hasten + the movements of his court. + </p> + <p> + But all these preparations for trade with Portugal will fail in their + effect, unless the depredations of the Algerines can be prevented. I am + far from confiding in the measures taken for this purpose. Very possibly + war must be recurred to. Portugal is at war with them. Suppose the + Chevalier de Pinto was to be sounded on the subject of an union of force, + and even a stipulation for contributing each a certain force, to be kept + in constant cruise. Such a league once begun, other nations would drop + into it, one by one. If he should seem to approve it, it might then be + suggested to Congress, who, if they should be forced to try the measure of + war, would doubtless be glad of such an ally. As the Portuguese + negotiation should be hastened, I suppose our communications must often be + trusted to the post, availing ourselves of the cover of our cipher. + </p> + <p> + I am, with sincere esteem, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0150" id="link2H_4_0150"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXXXIX.—TO COLONEL HUMPHREYS, December 4,1785 + </h2> + <p> + TO COLONEL HUMPHREYS. + </p> + <p> + Paris, December 4,1785. + </p> + <p> + Dear Sir, + </p> + <p> + I enclose you a letter from Gatteaux, observing that there will be an + anachronism, if, in making a medal to commemorate the victory of Saratoga, + he puts on General Gates the insignia of the Cincinnati, which did not + exist at that date. I wrote him, in answer, that I thought so too, but + that you had the direction of the business; that you were now in London; + that I would write to you, and probably should have an answer within a + fortnight; and that, in the mean time, he could be employed on other parts + of the die. I supposed you might not have observed on the print of General + Gates, the insignia of the Cincinnati, or did not mean that that + particular should be copied. Another reason against it strikes me. + Congress have studiously avoided giving to the public their sense of this + institution. Should medals be prepared, to be presented from them to + certain officers, and bearing on them the insignia of the order, as the + presenting them would involve an approbation of the institution, a + previous question would be forced on them, whether they would present + these medals. I am of opinion it would be very disagreeable to them to be + placed under the necessity of making this declaration. Be so good as to + let me know your wishes on this subject by the first post. + </p> + <p> + Mr. Short has been sick ever since you left us. Nothing new has occurred + here, since your departure. I imagine you have American news. If so, pray + give us some. Present me affectionately to Mr. Adams and the ladies, and + to Colonel Smith; and be assured of the esteem with which I am, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0151" id="link2H_4_0151"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXL.—TO JOHN ADAMS, December 10, 1785 + </h2> + <p> + TO JOHN ADAMS, + </p> + <p> + Paris, December 10, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + On the arrival of Mr. Boylston, I carried him to the Marquis de la + Fayette, who received from him communications of his object. This was to + get a remission of the duties on his cargo of oil, and he was willing to + propose a future contract. I suggested however to the Marquis, when we + were alone, that instead of wasting our efforts on individual + applications, we had better take up the subject on general ground, and + whatever could be obtained, let it be common to all. He concurred with me. + As the jealousy of office between ministers does not permit me to apply + immediately to the one in whose department this was, the Marquis’s agency + was used. The result was to put us on the footing of the Hanseatic towns, + as to whale-oil, and to reduce the duties to eleven livres and five sols + for five hundred and twenty pounds French, which is very nearly two livres + on the English hundred weight, or about a guinea and a half the ton. But + the oil must be brought in American or French ships, and the indulgence is + limited to one year. However, as to this, I expressed to Count de + Vergennes my hopes that it would be continued; and should a doubt arise, I + should propose, at the proper time, to claim it under the treaty on the + footing <i>gentis amicissimæ</i>. After all, I believe Mr. Boylston has + failed of selling to Sangrain, and from what I learn, through a little too + much hastiness of temper. Perhaps they may yet come together, or he may + sell to somebody else. + </p> + <p> + When the general matter was thus arranged, a Mr. Barrett arrived here from + Boston, with letters of recommendation from Governor Bowdoin, Gushing, and + others. His errand was to get the whale business here put on a general + bottom, instead of the particular one which had been settled, you know, + the last year, for a special company. We told him what was done. He thinks + it will answer, and proposes to settle at L’Orient for conducting the + sales of the oil and the returns. I hope, therefore, that this matter is + tolerably well fixed, as far as the consumption of this country goes. I + know not as yet to what amount that is; but shall endeavor to find out how + much they consume, and how much they furnish themselves. I propose to Mr. + Barrett, that he should induce either his State, or individuals, to send a + sufficient number of boxes of the spermaceti candle to give one to every + leading house in Paris; I mean to those who lead the ton: and at the same + time to deposite a quantity for sale here, and advertise them in the <i>petites + affiches</i>. I have written to Mr. Carmichael to know on what footing the + use and introduction of the whale-oil is there, or can be placed. + </p> + <p> + I have the honor to be, with very sincere esteem, Dear Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0152" id="link2H_4_0152"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLI.—TO JOHN ADAMS, December 11, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, December 11, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Baron Polnitz not going off till to-day enables me to add some information + which I received from Mr. Barclay this morning. You know the immense + amount of Beaumarchais’ accounts with the United States, and that Mr. + Barclay was authorized to settle them. Beaumarchais had pertinaciously + insisted on settling them with Congress. Probably he received from them a + denial: for just as Mr. Barclay was about to set out on the journey we + destined him, Beaumarchais tendered him a settlement. It was thought best + not to refuse this, and that it would produce a very short delay. However, + it becomes long, and Mr. Barclay thinks it will occupy him all this month. + The importance of the account, and a belief that nobody can settle it so + well as Mr. Barclay, who is intimately acquainted with most of the + articles, induce me to think we must yield to this delay. Be so good as to + give me your opinion on this subject. + </p> + <p> + I have the honor to be, with very great esteem, Dear Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0153" id="link2H_4_0153"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLII.—TO THE COUNT DE VERGENNES, December 21, 1785 + </h2> + <p> + TO THE COUNT DE VERGENNES. + </p> + <p> + Paris, December 21, 1785. + </p> + <p> + Sir, + </p> + <p> + I have received this moment a letter, of which I have the honor to enclose + your Excellency a copy. It is on the case of Asquith and others, citizens + of the United States, in whose behalf I had taken the liberty of asking + your interference. I understand by this letter, that they have been + condemned to lose their vessel and cargo, and to pay six thousand livres + and the costs of the prosecution before the 25th instant, or to go to the + galleys. This payment being palpably impossible to men in their situation, + and the execution of the judgment pressing, I am obliged to trouble your + Excellency again, by praying, if the government can admit any mitigation + of their sentence, it may be extended to them in time to save their + persons from its effect. + </p> + <p> + I have the honor to be, with very great respect, your Excellency’s most + obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0154" id="link2H_4_0154"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLIII.—TO THE GOVERNOR OF GEORGIA, December 22, 1785 + </h2> + <p> + TO THE GOVERNOR OF GEORGIA. + </p> + <p> + Paris, December 22, 1785. + </p> + <p> + Sir, + </p> + <p> + The death of the late General Oglethorpe, who had considerable possessions + in Georgia, has given rise, as we understand, to questions whether these + possessions have become the property of the State, or have been + transferred by his will to his widow, or descended on the nearest heir + capable in law of taking them. In the latter case, the Chevalier de + Mezieres, a subject of France, stands foremost, as being made capable of + the inheritance by the treaty between this country and the United States. + Under the regal government, it was the practice with us, when lands passed + to the crown by escheat or forfeiture, to grant them to such relation of + the party as stood on the fairest ground. This was even a chartered right + in some of the States. The practice has been continued among them, as + deeming that the late Revolution should in no instance abridge the rights + of the people. Should this have been the practice in the State of Georgia, + or should they in any instance think proper to admit it, I am persuaded + none will arise in which it will be more expedient to do it, than in the + present, and that no person’s expectations should be fairer than those of + the Chevalier de Mezieres. He is the nephew of General Oglethorpe, he is + of singular personal merit, an officer of rank, of high connections, and + patronized by the ministers. His case has drawn their attention, and seems + to be considered as protected by the treaty of alliance, and as presenting + a trial of our regard to that. Should these lands be considered as having + passed to the State, I take the liberty of recommending him to the + legislature of Georgia, as worthy of their generosity, and as presenting + an opportunity of proving the favorable dispositions which exist + throughout America towards the subjects of this country, and an + opportunity too, which will probably be known and noted here. + </p> + <p> + In the several views, therefore, of personal merit, justice, generosity + and policy, I presume to recommend the Chevalier de Mezieres, and his + interests, to the notice and patronage of your Excellency, whom the choice + of your country has sufficiently marked as possessing the dispositions, + while it has at the same time given you the power, to befriend just + claims. The Chevalier de Mezieres will pass over to Georgia in the ensuing + spring; but should he find an opportunity, he will probably forward this + letter sooner. I have the honor to be, with sentiments of the most + profound respect, + </p> + <p> + your Excellency’s most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0155" id="link2H_4_0155"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLIV.—TO THE GEORGIA DELEGATES IN CONGRESS, Dec. 22, 1785 + </h2> + <h3> + TO THE GEORGIA DELEGATES IN CONGRESS. + </h3> + <p> + Paris, December 22, 1785. + </p> + <p> + Gentlemen, + </p> + <p> + By my despatch to Mr. Jay which accompanies this, you will perceive that + the claims of the Chevalier de Mezieres, nephew to the late General + Oglethorpe, to his possessions within your State, have attracted the + attention of the ministry here; and that considering them as protected by + their treaty with us, they have viewed as derogatory of that, the doubts + which have been expressed on the subject. I have thought it best to + present to them those claims in the least favorable point of view, to + lessen as much as possible the ill effects of a disappointment: but I + think it my duty to ask your notice and patronage of this case, as one + whose decision will have an effect on the general interests of the Union. + </p> + <p> + The Chevalier de Mezieres is nephew to General Oglethorpe; he is a person + of great estimation, powerfully related and protected. His interests are + espoused by those whom it is our interest to gratify. I will take the + liberty, therefore, of soliciting your recommendations of him to the + generosity of your legislature, and to the patronage and good offices of + your friends, whose efforts, though in a private case, will do a public + good. The pecuniary advantages of confiscation, in this instance, cannot + compensate its ill effects. It is difficult to make foreigners understand + those legal distinctions between the effects of forfeiture of escheat, and + of conveyance, on which the professors of the law might build their + opinions in this case. They can see only the outlines of the case; to wit, + the death of a possessor of lands lying within the United States, leaving + an heir in France, and the State claiming those lands in opposition to the + heir. An individual thinking himself injured makes more noise than a + State. Perhaps too, in every case which either party to a treaty thinks to + be within its provisions, it is better not to weigh the syllables and + letters of the treaty, but to show that gratitude and affection render + that appeal unnecessary. I take the freedom, therefore, of submitting to + your wisdom the motives which present themselves in favor of a grant to + the Chevalier de Mezieres, and the expediency of urging them on your State + as far as you may think proper. + </p> + <p> + I have the honor to be, with sentiments of the highest respect, Gentlemen, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0156" id="link2H_4_0156"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLV.—TO JOHN ADAMS, December 27, 1785 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, December 27, 1785. + </p> + <p> + Dear Sir, + </p> + <p> + Your favors of the 13th and 20th were put into my hands today. This will + be delivered to you by Mr. Dalrymple, secretary to the legation of Mr. + Crawford. I do not know whether you were acquainted with him here. He is a + young man of learning and candor, and exhibits a phenomenon I never before + met with, that is, a republican born on the north side of the Tweed. + </p> + <p> + You have been consulted in the case of the Chevalier de Mezieres, nephew + to General Oglethorpe, and are understood to have given an opinion + derogatory of our treaty with France. I was also consulted, and understood + in the same way. I was of opinion the Chevalier had no right to the + estate, and as he had determined the treaty gave him a right, I suppose he + made the inference for me, that the treaty was of no weight. The Count de + Vergennes mentioned it to me in such a manner, that I found it was + necessary to explain the case to him, and show him that the treaty had + nothing to do with it. I enclose you a copy of the explanation I delivered + him. + </p> + <p> + Mr. Boylston sold his cargo to an agent of Monsieur Sangrain. He got for + it fifty-five livres the hundred weight. I do not think that his being + joined to a company here would contribute to its success. His capital is + not wanting. Le Conteux has agreed that the merchants of Boston, sending + whale-oil here, may draw-on him for a certain proportion of money, only + giving such a time in their drafts, as will admit the actual arrival of + the oil into a port of France for his security. Upon these drafts, Mr. + Barrett is satisfied they will be able to raise money to make their + purchases in America. The duty is seven livres and ten sols on the barrel + of five hundred and twenty pounds French, and ten sous on every livre, + which raises it to eleven livres and five sols, the sum I mentioned to + you. France uses between five and six millions of pounds’ weight French, + which is between three and four thousand tons English. Their own fisheries + do not furnish one million, and there is no probability of their + improving. Sangrain purchases himself upwards of a million. He tells me + our oil is better than the Dutch or English, because we make it fresh; + whereas they cut up the whale, and bring it home to be made, so that it is + by that time entered into fermentation. Mr. Barrett says, that fifty + livres the hundred weight will pay the prime cost and duties, and leave a + profit of sixteen per cent, to the merchant. I hope that England will, + within a year or two, be obliged to come here to buy whale-oil for her + lamps. + </p> + <p> + I like as little as you do, to have the gift of appointments. I hope + Congress will not transfer the appointment of their consuls to their + ministers. But if they do, Portugal is more naturally under the + superintendence of the minister at Madrid, and still more naturally under + that of the minister at Lisbon, where it is clear they ought to have one. + If all my hopes fail, the letters of Governor Bowdoin and Gushing, in + favor of young Mr. Warren, and your more detailed testimony in his behalf, + are not likely to be opposed by evidence of equal weight, in favor of any + other. I think with you, too, that it is for the public interest to + encourage sacrifices and services, by rewarding them, and that they should + weigh to a certain point, in the decision between candidates. + </p> + <p> + I am sorry for the illness of the Chevalier Pinto. I think that treaty + important: and the moment to urge it, is that of a treaty between France + and England. + </p> + <p> + Lambe, who left this place the 6th of November, was at Madrid the 10th of + this month. Since his departure, Mr. Barclay has discovered that no copies + of the full powers were furnished to himself, nor of course to Lambe. + Colonel Franks has prepared copies, which I will endeavor to get, to send + by this conveyance for your attestation: which you will be so good as to + send back by the first safe conveyance, and I will forward them. Mr. + Barclay and Colonel Franks being at this moment at St. Germain, I am not + sure of getting the papers in time to go by Mr. Dalrymple. In that case, I + will send them by Mr. Bingham. + </p> + <p> + Be so good as to present me affectionately to Mrs. and Miss Adams, to + Colonels Smith and Humphreys, and accept assurances of the esteem with + which I am, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0157" id="link2H_4_0157"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLVI.—TO JOHN JAY, January 2,1786 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + Sir, + </p> + <p> + Paris, January 2,1786 + </p> + <p> + Several conferences and letters having passed between the Count de + Vergennes and myself, on the subject of the commerce of this country with + the United States, I think them sufficiently interesting to be + communicated to Congress. They are stated in the form of a report, and are + herein enclosed. The length of this despatch, perhaps, needs apology. Yet + I have not been able to abridge it, without omitting circumstances which I + thought Congress would rather choose to know. Some of the objects of these + conferences present but small hopes for the present, but they seem to + admit a possibility of success at some future moment. + </p> + <hr /> + <p> + I am, Sir, your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> +<pre xml:space="preserve"> + [The following is an extract from the report referred to in + the preceding letter, embracing every thing interesting + therein, not communicated to the reader in the previous + correspondence.] +</pre> + <hr /> + <p> + The next levee day at Versailles, I meant to bring again under the view of + the Count de Vergennes, the whole subject of our commerce with France; but + the number of audiences of ambassadors and other ministers, which take + place, of course, before mine, and which seldom, indeed, leave me an + opportunity of audience at all, prevented me that day. I was only able to + ask of the Count de Vergennes, as a particular favor, that he would permit + me to wait on him some day that week. He did so, and I went to Versailles + the Friday following, (the 9th of December.) M. de Reyneval was with the + Count. Our conversation began with the usual topic; that the trade of the + United States had not yet learned the way to France, but continued to + centre in England, though no longer obliged by law to go there. I + observed, that the real cause of this was to be found in the difference of + the commercial arrangements in the two countries; that merchants would + not, and could not, trade but where there was to be some gain; that the + commerce between two countries could not be kept up, but by an exchange of + commodities; that, if an American merchant was forced to carry his produce + to London, it could not be expected he would make a voyage from thence to + France, with the money, to lay it out here; and, in like manner, that if + he could bring his commodities with advantage to this country, he would + not make another voyage to England, with the money, to lay it out there, + but would take in exchange the merchandise of this country. The Count de + Vergennes agreed to this, and particularly, that where there was no + exchange of merchandise, there could be no durable commerce; and that it + was natural for merchants to take their returns in the port where they + sold their cargo. I desired his permission then, to take a summary view of + the productions of the United States, that we might see which of them + could be brought here to advantage. + </p> + <p> + 1. Rice. France gets from the Mediterranean a rice not so good indeed, but + cheaper than ours. He said that they bought of our rice, but that they got + from Egypt, also, rice of a very fine quality. I observed that such was + the actual state of their commerce in that article, that they take little + from us. 2. Indigo. They make a plenty in their own colonies. He observed + that they did, and that they thought it better than ours. 3. Flour, fish, + and provisions of all sorts, they produce for themselves. That these + articles might, therefore, be considered as not existing, for commerce, + between the United States and the kingdom of France. + </p> + <p> + I proceeded to those capable of becoming objects of exchange between the + two nations. 1. Peltry and furs. Our posts being in the hands of the + English, we are cut off from that article. I am not sure even, whether we + are not obliged to buy of them, for our own use. When these posts are + given up, if ever they are, we shall be able to furnish France with skins + and furs, to the amount of two millions of livres, in exchange for her + merchandise: but, at present, these articles are to be counted as nothing. + 2. Potash. An experiment is making whether this can be brought here. We + hope it may, but at present it stands for nothing. He observed that it was + much wanted in France, and he thought it would succeed. 3. Naval stores. + Trials are also making on these, as subjects of commerce with France. They + are heavy, and the voyage long. The result, therefore, is doubtful. At + present, they are as nothing in our commerce with this country. 4. + Whale-oil: I told him I had great hopes, that the late diminution of duty + would enable us to bring this article with advantage, to France: that a + merchant was just arrived (Mr. Barrett), who proposed to settle at + L’Orient, for the purpose of selling the cargoes of this article, and + choosing the returns. That he had informed me, that in the first year, it + would be necessary to take one third in money, and the remainder only in + merchandise; because the fishermen require, indispensably, some money. But + he thought that after the first year, the merchandise of the preceding + year would always produce money for the ensuing one, and that the whole + amount would continue to be taken annually afterwards, in merchandise. I + added, that though the diminution of duty was expressed to be but for one + year, yet I hoped they would find their advantage in renewing and + continuing it: for that if they intended really to admit it for one year + only, the fishermen would not find it worth while to rebuild their vessels + and to prepare themselves for the business. The Count expressed + satisfaction on the view of commercial exchange held up by this article. + He made no answer as to the continuance of it; and I did not choose to + tell him, at that time, that we should claim its continuance under their + treaty with the Hanseatic towns, which fixes this duty for them, and our + own treaty, which gives us the rights of the most favored nation. 5. + Tobacco. I recalled to the memory of the Count de Vergennes the letter I + had written to him on this article; and the object of the present + conversation being, how to facilitate the exchange of commerciable + articles between the two countries, I pressed that of tobacco in this + point of view; observed that France, at present, paid us two millions of + livres for this article; that for such portions of it as were bought in + London, they sent the money directly there, and for what they bought in + the United States, the money was still remitted to London, by bills of + exchange: whereas, if thy would permit our merchants to sell this article + freely, they would bring it here, and take the returns on the spot, in + merchandise, not money. The Count observed, that my proposition contained + what was doubtless useful, but that the King received on this article, at + present, a revenue of twenty-eight millions, which was so considerable, as + to render them fearful of tampering with it; that the collection of this + revenue by way of Farm, was of very ancient date, and that it was always + hazardous to alter arrangements of long standing, and of such infinite + combinations with the fiscal system. I answered, that the simplicity of + the mode of collection proposed for this article, withdrew it from all + fear of deranging other parts of their system; that I supposed they would + confine the importation to some of their principal ports, probably not + more than five or six; that a single collector in each of these, was the + only new officer requisite; that he could get rich himself on six livres a + hogshead, and would receive the whole revenue, and pay it into the + treasury, at short hand. M. de Reyneval entered particularly into this + part of the conversation, and explained to the Count, more in detail, the + advantages and simplicity of it, and concluded by observing to me, that it + sometimes happened that useful propositions, though not practicable at one + time, might become so at another. I told him that that consideration had + induced me to press the matter when I did, because I had understood the + renewal of the Farm was then on the carpet, and that it was the precise + moment, when I supposed that this portion might be detached from the mass + of the Farms. I asked the Count de Vergennes whether, if the renewal of + the Farm was pressing, this article might not be separated, merely in + suspense, till government should have time to satisfy themselves on the + expediency of renewing it. He said no promise could be made. + </p> + <p> + In the course of this conversation, he had mentioned the liberty we + enjoyed of carrying our fish to the French islands. I repeated to him what + I had hinted in my letter of November the 20th, 1785, that I considered as + a prohibition, the laying such duties on our fish, and giving such + premiums on theirs, as made a difference between their and our fishermen + of fifteen livres the quintal, in an article which sold for but fifteen + livres. He said it would not have that effect, for two reasons. 1. That + their fishermen could not furnish supplies sufficient for their islands, + and, of course, the inhabitants must, of necessity, buy our fish. 2. That + from the constancy of our fishery, and the short season during which + theirs continued, and also from the economy and management of ours, + compared with the expense of theirs, we had always been able to sell our + fish, in their islands, at twenty-five livres the quintal, while they were + obliged to ask thirty-six livres. (I suppose he meant the livre of the + French islands.) That thus, the duty and premium had been a necessary + operation on their side, to place the sale of their fish on a level with + ours, and, that without this, theirs could not bear the competition. + </p> + <p> + I have here brought together the substance of what was said on the + preceding subjects, not pretending to give it verbatim, which my memory + does not enable me to do. I have, probably, omitted many things which were + spoken, but have mentioned nothing which was not. I was interrupted, at + times, with collateral matters. One of these was important. The Count de + Vergennes complained, and with a good deal of stress, that they did not + find a sufficient dependence on arrangements taken with us. This was the + third time, too, he had done it; first, in a conversation at + Fontainebleau, when he first complained to me of the navigation acts of + Massachusetts and New Hampshire; secondly, in his letter of October the + 30th, 1785, on the same subject; and now, in the present conversation, + wherein he added, as another instance, the case of the Chevalier de + Mezieres, heir of General Oglethorpe, who, notwithstanding that the 11th + article of the treaty provides, that the subjects or citizens of either + party shall succeed, <i>ab intestato</i>, to the lands of their ancestors, + within the dominions of the other, had been informed from Mr. Adams, and + by me also, that his right of succession to the General’s estate in + Georgia was doubtful. He observed too, that the administration of justice + with us was tardy, insomuch, that their merchants, when they had money due + to them within our States, considered it as desperate; and, that our + commercial regulations, in general, were disgusting to them. These ideas + were new, serious, and delicate. I decided, therefore, not to enter into + them at that moment, and the rather, as we were speaking in French, in + which language I did not choose to hazard myself. I withdrew from the + objections of the tardiness of justice with us, and the disagreeableness + of our commercial regulations, by a general observation, that I was not + sensible they were well founded. With respect to the case of the Chevalier + de Mezieres, I was obliged to enter into some explanations. They related + chiefly to the legal operation of our Declaration of Independence, to the + undecided question whether our citizens and British subjects were thereby + made aliens to one another, to the general laws as to conveyances of land + to aliens, and the doubt, whether an act of the Assembly of Georgia might + not have been passed, to confiscate General Oglethorpe’s property, which + would of course prevent its devolution on any heir. M. Reyneval observed, + that in this case, it became a mere question of fact, whether a + confiscation of these lands had taken place before the death of General + Oglethorpe, which fact might be easily known by, inquiries in Georgia, + where the possessions lay. I thought it very material, that the opinion of + this court should be set to rights on these points. On my return, + therefore, I wrote the following observations on them, which, the next + time I went to Versailles (not having an opportunity of speaking to the + Count de Vergennes), I put into the hands of M. Reyneval, praying him to + read them, and to ask the favor of the Count to do the same. + </p> + <p> + <i>Explanations on some of the subjects of the conversation, which I had + the honor of having with his Excellency, the Count de Vergennes, when I + was last at Versailles</i>. + </p> + <p> + The principal design of that conversation was, to discuss, those articles + of commerce which the United States could spare, which are wanted in + France, and, if received there on a convenient footing, would be exchanged + for the productions of France. But in the course of the conversation, some + circumstances were incidentally mentioned by the Count de Vergennes, which + induced me to suppose he had received impressions, neither favorable to + us, nor derived from perfect information. + </p> + <p> + The case of the Chevalier de Mezieres was supposed to furnish an instance + of our disregard to treatises; and the event of that case was inferred + from opinions supposed to have been given by Mr. Adams and myself. This is + ascribing a weight to our opinions, to which they are not entitled. They + will have no influence on the decision of the case. The judges in our + courts would not suffer them to be read. Their guide is the law of the + land, of which law its treaties make a part. Indeed, I know not what + opinion Mr. Adams may have given on the case. And, if any be imputed to + him derogatory of our regard to the treaty with France, I think his + opinion has been misunderstood. With respect to myself, the doubts which I + expressed to the Chevalier de Mezieres, as to the success of his claims, + were not founded on any question whether the treaty between France and the + United States would be observed. On the contrary, I venture to pronounce + that it will be religiously observed, if his case comes under it. But I + doubted whether it would come under the treaty. The case, as I understand + it, is this. General Oglethorpe, a British subject, had lands in Georgia. + He died since the peace, having devised these lands to his wife. His heirs + are the Chevalier de Mezieres, son of his eldest sister, and the Marquis + de Bellegarde, son of his younger sister. This case gives rise to legal + questions, some of which have not yet been decided, either in England or + America, the laws of which countries are nearly the same. + </p> + <p> + 1. It is a question under the laws of those countries, whether persons + born before their separation, and once completely invested, in both, with + the character of natural subjects, can ever become aliens in either? There + are respectable opinions on both sides. If the negative be right, then + General Oglethorpe having never become an alien, and having devised his + lands to his wife, who, on this supposition, also, was not an alien, the + devise has transferred the lands to her, and there is nothing left for the + treaty to operate on. + </p> + <p> + 2. If the affirmative opinion be right, and the inhabitants of Great + Britain and America, born before the Revolution, are become aliens to each + other, it follows by the laws of both, that the lands which either + possessed, within the jurisdiction of the other, became the property of + the State in which they are. But a question arises, whether the transfer + of the property took place on the Declaration of Independence, or not till + an office, or an act of Assembly, had declared the transfer. If the + property passed to the State on the Declaration of Independence, then it + did not remain in General Oglethorpe, and, of course, at the time of his + death, he having nothing, there was nothing to pass to his heirs, and so + nothing for the treaty to operate on. + </p> + <p> + 3. If the property does not pass till declared by an office found by jury, + or an act passed by the Assembly, the question then is, whether an office + had been found, or an act of Assembly been passed for that purpose, before + the peace. If there was, the lands had passed to the State during his + life, and nothing being left in him, there is nothing for his heirs to + claim under the treaty. + </p> + <p> + 4. If the property had not been transferred to the State, before the + peace, either by the Declaration of Independence, or an office or an act + of Assembly, then it remained in General Oglethorpe at the epoch of the + peace and it will be insisted, no doubt, that, by the sixth article of the + treaty of peace between the United States and Great Britain, which forbids + future confiscations, General Oglethorpe acquired a capacity of holding + and of conveying his lands. He has conveyed them to his wife. But, she + being an alien, it will be decided by the laws of the land, whether she + took them for her own use, or for the use of the State. For it is a + general principle of our law, that conveyances to aliens pass the lands to + the State; and it may be urged, that though, by the treaty of peace, + General Oglethorpe could convey, yet that treaty did not mean to give him + a greater privilege of conveyance, than natives hold, to wit, a privilege + of transferring the property to persons incapable, by law, of taking it. + However, this would be a question between the State of Georgia and the + widow of General Oglethorpe, in the decision of which the Chevalier de + Mezieres is not interested, because, whether she takes the land by the + will, for her own use, or for that of the State, it is equally prevented + from descending to him: there is neither a conveyance to him, nor a + succession <i>ab intestato</i> devolving on him, which are the cases + provided for by our treaty with France. To sum up the matter in a few + words; if the lands had passed to the State before the epoch of peace, the + heirs of General Oglethorpe cannot say they have descended on them, and if + they remained in the General at that epoch, the treaty saving them to him, + he could convey them away from his heirs, and he has conveyed them to his + widow, either for her own use, or for that of the State. + </p> + <p> + Seeing no event, in which, according to the facts stated to me, the treaty + could be applied to this case, or could give any right, whatever, to the + heirs of General Oglethorpe, I advised the Chevalier de Mezieres not to + urge his pretensions on the footing of right, nor under the treaty, but to + petition the Assembly of Georgia for a grant of these lands. If, in the + question between the State and the widow of General Oglethorpe, it should + be decided that they were the property of the State, I expected from their + generosity, and the friendly dispositions in America towards the subjects + of France, that they would be favorable to the Chevalier de Mezieres. + There is nothing in the preceding observations, which would not have + applied against the heir of General Ogiethorpe, had he been a native + citizen of Georgia, as it now applies against him, being a subject of + France. The treaty has placed the subjects of France on a footing with + natives, as to conveyances and descent of property. There was no occasion + for the assemblies to pass laws on this subject; the treaty being a law, + as I conceive, superior to those of particular Assemblies, and repealing + them where they stand in the way of its operations. + </p> + <p> + The supposition that the treaty was disregarded on our part, in the + instance of the acts of Assembly of Massachusetts and New Hampshire, which + made a distinction between natives and foreigners, as to the duties to be + paid on commerce, was taken notice of in the letter of November the 20th, + which I had the honor of addressing to the Count de Vergennes. And while I + express my hopes, that, on a revision of these subjects, nothing will be + found in them derogatory from either the letter or spirit of our treaty, I + will add assurances that the United States will not be behind hand, in + going beyond both, when occasions shall ever offer of manifesting their + sincere attachment to this country. + </p> + <p> + I will pass on to the observation, that our commercial regulations are + difficult and repugnant to the French merchants. To detail these + regulations minutely, as they exist in every State, would be beyond my + information. A general view of them, however, will suffice because the + States differ little in their several regulations. On the arrival of a + ship in America, her cargo must be reported at the proper office. The + duties on it are to be paid. These are commonly from two and a half to + five per cent, on its value. On many articles, the value of which is + tolerably uniform, the precise sum is fixed by law. A tariff of these is + presented to the importer, and he can see what he has to pay, as well as + the officer. For other articles, the duty is such a per cent, on their + value. That value is either shown by the invoice, or by the oath of the + importer. This operation being once over, and it is a very short one, the + goods are considered as entered, and may then pass through the whole + thirteen States, without their being ever more subject to a question, + unless they be re-shipped. Exportation is still more simple: because, as + we prohibit the exportation of nothing, and very rarely lay a duty on any + article of export, the State is little interested in examining outward + bound vessels. The captain asks a clearance for his own purposes. As to + the operations of internal commerce, such as matters of exchange, of + buying, selling, bartering, &c, our laws are the same as the English. + If they have been altered in any instance, it has been to render them more + simple. Lastly, as to the tardiness of the administration of justice with + us, it would be equally tedious and impracticable for me to give a precise + account of it in every State. But I think it probable, that it is much on + the same footing through all the States, and that an account of it in any + one of them, may found a general presumption of it in the others. Being + best acquainted with its administration in Virginia, I shall confine + myself to that. Before the Revolution, a judgment could not be obtained + under eight years, in the supreme court, where the suit was in the + department of the common law, which department embraces about nine tenths + of the subjects of legal contestation. In that of the chancery, from + twelve to twenty years were requisite. This did not proceed from any vice + in the laws, but from the indolence of the judges appointed by the King: + and these judges holding their offices during his will only, he could have + reformed the evil at any time. This reformation was among the first works + of the legislature, after our independence. A judgment can now be obtained + in the supreme court, in one year, at the common law, and in about three + years, in the chancery. But more particularly to protect the commerce of + France, which at that moment was considerable with us, a law was passed, + giving all suits wherein a foreigner was a party, a privilege to be tried + immediately, on the return of his process, without waiting till those of + natives, which stand before them, shall have been decided on. Out of this + act, however, the British stand excluded by a subsequent one. This, with + its causes, must be explained. The British army, after ravaging the State + of Virginia, had sent off a very great number of slaves to New York. By + the seventh article of the treaty of peace, they stipulated not to carry + away any of these. Notwithstanding this, it was known, when they were + evacuating New York, that they were carrying away the slaves. General + Washington made an official demand of Sir Guy Carleton, that he should + cease to send them away. He answered, that these people had come to them + under promise of the King’s protection, and that that promise should be + fulfilled, in preference to the stipulation in the treaty. The State of + Virginia, to which nearly the whole of these slaves belonged, passed a law + to forbid the recovery of debts due to British subjects. They declared, at + the same time, they would repeal the law, if Congress were of opinion they + ought to do it. But, desirous that their citizens should be discharging + their debts, they afterwards permitted British creditors to prosecute + their suits, and to receive their debts in seven equal and annual + payments; relying that the demand for the slaves would either be admitted + or denied, in time to lay their hands on some of the latter payments for + reimbursement. The immensity of this debt was another reason for + forbidding such a mass of property to be offered for sale under execution + at once, as, from the small quantity of circulating money, it must have + sold for little or nothing, whereby the creditor would have failed to + receive his money, and the debtor would have lost his whole estate, + without being discharged of his debt. This is the history of the delay of + justice in that country, in the case of British creditors. As to all + others, its administration is as speedy as justice itself will admit. I + presume it is equally so in all the other States, and can add, that it is + administered in them all with a purity and integrity, of which few + countries afford an example. + </p> + <p> + I cannot take leave, altogether, of the subjects of this conversation, + without recalling the attention of the Count de Vergennes to what had been + its principal drift. This was to endeavor to bring about a direct exchange + between France and the United States, (without the intervention of a third + nation) of those productions, with which each could furnish the other. We + can furnish to France (because we have heretofore furnished to England) of + whale-oil and spermaceti, of furs and peltry, of ships and naval stores, + and of potash, to the amount of fifteen millions of livres; and the + quantities will admit of increase. Of our tobacco, France consumes the + value of ten millions more. Twenty-five millions of livres, then, mark the + extent of that commerce of exchange, which is, at present, practicable + between us. We want, in return, productions and manufactures, not money. + If the duties on our produce are light, and the sale free, we shall + undoubtedly bring it here, and lay out the proceeds on the spot, in the + productions and manufactures which we want. The merchants of France will, + on their part, become active in the same business. We shall no more think, + when we shall have sold our produce here, of making an useless voyage to + another country, to lay out the money, than we think, at present, when we + have sold it elsewhere, of coming here to lay out the money. The + conclusion is, that there are commodities which form a basis of exchange, + to the extent of a million of guineas annually: it is for the wisdom of + those in power, to contrive that the exchange shall be made. + </p> + <p> + Having put this paper into the hands of Monsieur Reyneval, we entered into + conversation again, on the subject of the Farms, which were now understood + to be approaching to a conclusion. He told me, that he was decidedly of + opinion, that the interest of the State required the Farm of tobacco to be + discontinued, and that he had, accordingly, given every aid to my + proposition, which lay within his sphere: that the Count de Vergennes was + very clearly of the same opinion, and had supported it strongly with + reasons of his own, when he transmitted it to the Comptroller General; but + that the Comptroller, in the discussions of this subject which had taken + place, besides the objections which the Count de Vergennes had repeated to + me, and which are before mentioned, had added, that the contract with the + Farmers General was now so far advanced, that the article of tobacco could + not be withdrawn from it, without unraveling the whole transaction. Having + understood, that, in this contract, there was always reserved to the + crown, a right to discontinue it at any moment, making just reimbursements + to the Farmers, I asked M. Reyneval, if the contract should be concluded + in its present form, whether it might still be practicable to have it + discontinued, as to the article of tobacco, at some future moment. He said + it might be possible. + </p> + <p> + Upon the whole, the true obstacle to this proposition has penetrated, in + various ways, through the veil which covers it. The influence of the + Farmers General has been heretofore found sufficient to shake a minister + in his office. Monsieur de Calonne’s continuance or dismission has been + thought, for some time, to be on a poise. Were he to shift this great + weight, therefore, out of his own scale into that of his adversaries, it + would decide their preponderance. The joint interests of France and + America would be an insufficient counterpoise in his favor. + </p> + <p> + It will be observed, that these efforts to improve the commerce of the + United States have been confined to that branch only, which respects + France itself, and that nothing passed on the subject of our commerce with + the West Indies, except an incidental conversation as to our fish. The + reason of this was no want of a due sense of its importance. Of that I am + thoroughly sensible. But efforts in favor of this branch would, at + present, be desperate. To nations with which we have not yet treated, and + who have possessions in America, we may offer a free vent of their + manufactures in the United States, for a full, or a modified admittance + into those possessions. But to France, we are obliged to give that freedom + for a different compensation; to wit, for her aid in effecting our + independence. It is difficult, therefore, to say what we have now to offer + her, for an admission into her West Indies. Doubtless it has its price. + But the question is, what this would be, and whether worth our while to + give it. Were we to propose to give to each other’s citizens all the + rights of natives, they would, of course, count what they should gain by + this enlargement of right, and examine whether it would be worth to them, + as much as their monopoly of their West India commerce. If not, that + commercial freedom which we wish to preserve, and which, indeed, is so + valuable, leaves us little else to offer. An expression in my letter to + the Count de Vergennes, of November the 20th, wherein I hinted, that both + nations might, perhaps, come into the opinion, that the condition of + natives might be a better ground of intercourse for their citizens, than + that of the most favored nation, was intended to furnish an opportunity to + the minister, of parleying on that subject, if he was so disposed, and to + myself, of seeing whereabouts they would begin, that I might communicate + it to Congress, and leave them to judge of the expediency of pursuing the + subject. But no overtures have followed; for I have no right to consider, + as coming from the minister, certain questions which were, very soon + after, proposed to me by an individual. It sufficiently accounts for these + questions, that that individual had written a memorial on the subject, for + the consideration of the minister, and might wish to know what we would be + willing to do. The idea that I should answer such questions to him, is + equally unaccountable, whether we suppose them originating with himself, + or coming from the minister. In fact, I must suppose them to be his own; + and I transmit them, only that Congress my see what one Frenchman, at + least, thinks on the subject. If we can obtain from Great Britain + reasonable conditions of commerce (which, in my idea, must for ever + include an admission into her islands), the freest ground between these + two nations would seem to be the best. But if we can obtain no equal terms + from her, perhaps Congress might think it prudent, as Holland has done, to + connect us unequivocally with France. Holland has purchased the protection + of France. The price she pays is, aid in time of war. It is interesting + for us to purchase a free commerce with the French islands. But whether it + is best to pay for it, by aids in war, or by privileges in commerce; or + not to purchase it at all, is the question. + </p> + <p> + <a name="link2H_4_0158" id="link2H_4_0158"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLVII.—TO T. HOPKINSON, January 3, 1786 + </h2> + <p> + TO T. HOPKINSON. + </p> + <p> + Paris, January 3, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + I wrote you last on the 25th of September. Since that I have received + yours of October the 25th, enclosing a duplicate of the last invented + tongue for the harpsichord. The letter enclosing another of them, and + accompanied by newspapers, which you mention in that of October the 25th, + has never come to hand. I will embrace the first opportunity of sending + you the crayons. Perhaps they may come with this, which I think to deliver + to Mr. Bingham, who leaves us on Saturday, for London. If, on consulting + him, I find the conveyance from London uncertain, you shall receive them + by a Mr. Barrett, who goes from hence for New York, next month. You have + not authorized me to try to avail you of the new tongue. Indeed, the ill + success of my endeavors with the last does not promise much with this. + However, I shall try. Houdon only stopped a moment, to deliver me your + letter, so that I have not yet had an opportunity of asking his opinion of + the improvement. I am glad you are pleased with his work. He is among the + foremost, or, perhaps, the foremost artist in the world. + </p> + <p> + Turning to your <i>Encyclopédie, Arts et Metiers</i>, tome 3, part 1, page + 393, you will find mentioned an instrument, invented by a Monsieur + Renaudin, for determining the true time of the musical movements, largo, + adagio, &c. I went to see it. He showed me his first invention; the + price of the machine was twenty-five guineas: then his second, which he + had been able to make for about half that sum. Both of these had a + mainspring and a balance-wheel, for their mover and regulator. The strokes + are made by a small hammer. He then showed me his last, which is moved by + a weight and regulated by a pendulum, and which cost only-two guineas and + a half. It presents, in front, a dial-plate like that of a clock, on which + are arranged, in a circle, the words <i>largo, adagio, andante, allegro, + presto</i>. The circle is moreover divided into fifty-two equal degrees. + <i>Largo</i> is at 1, <i>adagio</i> at 11, <i>andante</i> at 22, <i>allegro</i> + at 36, and <i>presto</i> at 46. Turning the index to any one of these, the + pendulum (which is a string, with a ball hanging to it) shortens or + lengthens, so that one of its vibrations gives you a crochet for that + movement. This instrument has been examined by the academy of music here, + who were so well satisfied of its utility, that they have ordered all + music which shall be printed here, in future, to have the movements + numbered in correspondence with this plexi-chronometer. I need not tell + you that the numbers between two movements, as between 22 and 36, give the + quicker or slower degrees of the movements, such as the quick <i>andante</i>, + or moderate <i>allegro</i>. The instrument is useful, but still it may be + greatly simplified. I got him to make me one, and having fixed a pendulum + vibrating seconds, I tried by that the vibrations of his pendulum, + according to the several movements. I find the pendulum regulated to Largo + </p> + <p> + <a name="linkimage-0034" id="linkimage-0034"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page391.jpg" alt="The Plexi-chronometer, Page391 " width="100%" /><br /> + </div> + <p> + Every one, therefore, may make a chronometer adapted to his instrument. + </p> + <p> + For a harpsichord, the following occurs to me: + </p> + <p> + In the wall of your chamber, over the instrument, drive five little brads, + as, 1, 2, 3, 4, 5, in the following manner. Take a string with a bob to + it, of such length, as, that hung on No. 1, it shall vibrate fifty-two + times in a minute. Then proceed by trial to drive No. 2, at such a + distance, that drawing the loop of the string to that, the part remaining + between 1 and the bob, shall vibrate sixty times in a minute. Fix the + third for seventy vibrations, &c.; the cord always hanging over No. 1, + as the centre of vibration. A person playing on the violin may fix this on + his music-stand. A pendulum thrown into vibration will continue in motion + long enough to give you the time of your piece. I have been thus + particular, on the supposition that you would fix one of these simple + things for yourself. + </p> + <p> + You have heard often of the metal called platina, to be found only in + South America. It is insusceptible of rust, as gold and silver are, none + of the acids affecting it, excepting the <i>aqua regia</i>. It also admits + of as perfect a polish as the metal hitherto used for the specula of + telescopes. These two properties had suggested to the Spaniards the + substitution of it for that use. But the mines being closed up by the + government, it is difficult to get the metal. The experiment has been + lately tried here by the Abbe Rochon (whom I formerly mentioned to Mr. + Rittenhouse, as having discovered that lenses of certain natural crystals + have two different and uncombined magnifying powers), and he thinks the + polish as high as that of the metal heretofore used, and that it will + never be injured by the air, a touch of the finger, &c. I examined it + in a dull day, which did not admit a fair judgment of the strength of its + reflection. + </p> + <p> + Good qualities are sometimes misfortunes. I will prove it from your own + experience. You are punctual; and almost the only one of my correspondents + on whom I can firmly rely, for the execution of commissions which combine + a little trouble with more attention. I am very sorry however that I have + three commissions to charge you with, which will give you more than a + little trouble. Two of them are for Monsieur de Buffon. Many, many years + ago, Cadwallader Golden wrote a very small pamphlet on the subjects of + attraction and impulsion, a copy of which he sent to Monsieur de Buffon. + He was so charmed with it, that he put it into the hands of a friend to + translate, who lost it. It has ever since weighed on his mind, and he has + made repeated trials to have it found in England. But in vain. He applied + to me. I am in hopes, if you will write a line to the booksellers of + Philadelphia to rummage their shops, that some of them may find it. Or, + perhaps, some of the careful old people of Pennsylvania or New Jersey may + have preserved a copy. In the King’s cabinet of Natural History, of which + Monsieur de Buffon has the superintendence, I observed that they had + neither our grouse nor our pheasant. These, I know, may be bought in the + market of Philadelphia, on any day while they are in season. Pray buy the + male and female of each, and employ some apothecary’s boys to prepare + them, and pack them. Methods may be seen in the preliminary discourse to + the first volume of Birds, in the <i>Encyclopédie</i>, or in the Natural + History of Buffon, where he describes the King’s cabinet. And this done, + you will be so good as to send them to me. The third commission is more + distant. It is to precure me two or three hundred paccan nuts from the + western country. I expect they can always be got at Pittsburgh and am in + hopes, that by yourself or your friends, some attentive person there may + be engaged to send them to you. They should come as fresh as possible, and + come best, I believe, in a box of sand. Of this, Barham could best advise + you. I imagine vessels are always coming from Philadelphia to France. If + there be a choice of ports, Havre would be the best. I must beg you to + direct them to the care of the American consul or agent at the port, to be + sent by the Diligence or Fourgon. A thousand apologies would not suffice + for this trouble, if I meant to pay you in apologies only. But I sincerely + ask, and will punctually execute, the appointment of your <i>chargé des + affaires</i> in Europe generally. From the smallest to the highest + commission, I will execute with zeal and punctually, in buying, or doing + any thing you wish, on this side the water. And you may judge from the + preceding specimen, that I shall not be behind hand in the trouble I shall + impose on you. Make a note of all the expenses attending my commissions, + and favor me with it every now and then, and I will replace them. My + daughter is well, and retains an affectionate remembrance of her ancient + patroness, your mother, as well as of your lady and family. She joins me + in wishing to them, and to Mr. and Mrs. Rittenhouse and family, every + happiness. Accept, yourself, assurances of the esteem with which I am, + Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + P.S. What is become of the Lunarium for the King? + </p> + <p> + <a name="link2H_4_0159" id="link2H_4_0159"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLVIII.—TO GENERAL WASHINGTON, January 4, 1786 + </h2> + <p> + TO GENERAL WASHINGTON. + </p> + <p> + Paris, January 4, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + I have been honored with your letter of September the 26th, which was + delivered me by Mr. Houdon, who is safely returned. He has brought with + him the mould of the face only, having left the other parts of his work + with his workmen to come by some other conveyance. Doctor Franklin, who + was joined with me in the superintendence of this just monument, having + left us before what is called the costume of the statue was decided on, I + cannot so well satisfy myself, and I am persuaded I should not so well + satisfy the world, as by consulting your own wish or inclination as to + this article. Permit me, therefore, to ask you whether there is any + particular dress, or any particular attitude, which you would rather wish + to be adopted. I shall take a singular pleasure in having your own idea + executed, if you will be so good as to make it known to me. + </p> + <p> + I thank you for the trouble you have taken in answering my inquiries on + the subject of Bushnel’s machine. Colonel Humphreys could only give me a + general idea of it from the effects proposed, rather than the means + contrived to produce them. + </p> + <p> + I sincerely rejoice that three such works as the opening the Potomac and + James rivers, and a canal from the Dismal Swamp are likely to be carried + through. There is still a fourth, however, which I had the honor I believe + of mentioning to you in a letter of March the 15th, 1784, from Annapolis. + It is the cutting a canal which shall unite the heads of the Cayahoga and + Beaver Creek. The utility of this, and even the necessity of it, if we + mean to aim at the trade of the lakes, will be palpable to you. The only + question is its practicability. The best information I could get as to + this was from General Hand, who described the country as champain, and + these waters as heading in lagoons, which would be easily united. Maryland + and Pennsylvania are both interested to concur with us in this work. The + institutions you propose to establish by the shares in the Potomac and + James river companies, given you by the Assembly, and the particular + objects of those institutions, are most worthy. It occurs to me, however, + that if the bill ‘for the more general diffusion of knowledge,’ which is + in the revisal, should be passed, it would supersede the use and obscure + the existence of the charity schools you have thought of. I suppose in + fact, that that bill or some other like it will be passed. I never saw one + received with more enthusiasm than that was in the year 1778, by the House + of Delegates, who ordered it to be printed. And it seemed afterwards, that + nothing but the extreme distress of our resources prevented its being + carried into execution even during the war. It is an axiom in my mind, + that our liberty can never be safe but in the hands of the people + themselves, and that too of the people with a certain degree of + instruction. This it is the business of the State to effect, and on a + general plan. Should you see a probability of this, however, you can never + be at a loss for worthy objects of this donation. Even the remitting that + proportion of the toll on all articles transported, would present itself + under many favorable considerations, and it would in effect be to make the + State do in a certain proportion what they ought to have done wholly: for + I think they should clear all the rivers, and lay them open and free to + all. However, you are infinitely the best judge, how the most good may be + effected with these shares. + </p> + <p> + All is quiet here. There are indeed two specks in the horizon: the + exchange of Bavaria, and the demarcation between the Emperor and Turks. We + may add as a third, the interference by the King of Prussia in the + domestic disputes of the Dutch. Great Britain, it is said, begins to look + towards us with a little more good humor. But how true this may be, I + cannot say with certainty. We are trying to render her commerce as little + necessary to us as possible, by finding other markets for our produce. A + most favorable reduction of duties on whale-oil has taken place here, + which will give us a vent for that article, paying a duty of a guinea and + a half a ton only. + </p> + <p> + I have the honor to be, with the highest esteem and respect, Dear Sir, + </p> + <p> + your most obedient and + </p> + <p> + most humble servant, + </p> + <p> + Tm: Jefferson. + </p> + <p> + <a name="link2H_4_0160" id="link2H_4_0160"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CXLIX.—TO A. CARY, January 7, 1786 + </h2> + <h3> + TO A. CARY. + </h3> + <p> + Paris, January 7, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + The very few of my countrymen who happen to be punctual, will find their + punctuality a misfortune to them. Of this I shall give you a proof by the + present application, which I should not make to you, if I did not know you + to be superior to the torpidity of our climate. In my conversations with + the Count de Buffon on the subjects of Natural History, I find him + absolutely unacquainted with our elk and our deer. He has hitherto + believed that our deer never had horns more than a foot long; and has, + therefore, classed them with the roe-buck, which I am sure you know them + to be different from. I have examined some of the red deer of this country + at the distance of about sixty yards, and I find no other difference + between them and ours, than a shade or two in the color. Will you take the + trouble to procure for me the largest pair of buck’s horns you can, and a + large skin of each color, that is to say, a red and a blue? If it were + possible to take these from a buck just killed, to leave all the bones of + the head in the skin with the horns on, to leave the bones of the legs in + the skin also, and the hoofs to it, so that having only made an incision + all along the belly and neck to take the animal out at, we could by sewing + up that incision and stuffing the skin, present the true size and form of + the animal, it would be a most precious present. Our deer have been often + sent to England and Scotland. Do you know (with certainty) whether they + have ever bred with the red deer of those countries? With respect to the + elk, I despair of your being able to get for me any thing but the horns of + it. David Ross I know has a pair; perhaps he would give them to us. It is + useless to ask for the skin and skeleton, because I think it is not in + your power to get them, otherwise they would be most desirable. A + gentleman, fellow-passenger with me from Boston to England, promised to + send to you in my name some hares, rabbits, pheasants, and partridges, by + the return of the ship which was to go to Virginia, and the captain + promised to take great care of them. My friend procured the animals, and + the ship changing her destination, he kept them, in hopes of finding some + other conveyance, till they all perished. I do not despair, however, of + finding some opportunity still of sending a colony of useful animals. I am + making a collection of vines for wine, and for the table; also of some + trees, such as the cork-oak, &c. &c. + </p> + <p> + Every thing is absolutely quiet in Europe. There is not, therefore, a word + of news to communicate. I pray you to present me affectionately to your + family and that of Tuckahoe. Whatever expense is necessary for procuring + me the articles above-mentioned, I will instantly replace, either in cash, + or in any thing you may wish from hence. + </p> + <p> + I am with very sincere esteem, Dear Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0161" id="link2H_4_0161"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CL.—TO MAJOR GENERAL GREENE, January 12, 1786 + </h2> + <p> + TO MAJOR GENERAL GREENE. + </p> + <p> + Paris, January 12, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of June the 1st did not come to hand till the 3rd of September. + I immediately made inquiries on the subject of the frigate you had + authorized your relation to sell to this government, and I found that he + had long before that sold her to government, and sold her very well, as I + understood. I noted the price on the back of your letter, which I have + since unfortunately mislaid, so that I cannot at this moment state to you + the price. But the transaction is of so long standing that you cannot fail + to have received advice of it. I should without delay have given you this + information, but that I hoped to be able to accompany it with information + as to the live-oak, which was another object of your letter. This matter, + though it has been constantly pressed by Mr. St. John, and also by the + Marquis de la Fayette, since his return from Berlin, has been spun to a + great length, and at last they have only decided to send to you for + samples of the wood. Letters on this subject from the Marquis de la + Fayette accompany this. + </p> + <p> + Every thing in Europe is quiet, and promises quiet for at least a year to + come. We do not find it easy to make commercial arrangements in Europe. + There is a want of confidence in us. This country has lately reduced the + duties on American whale-oil to about a guinea and a half the ton, and I + think they will take the greatest part of what we can furnish. I hope, + therefore, that this branch of our commerce will resume its activity. + Portugal shows a disposition to court our trade; but this has for some + time been discouraged by the hostilities of the piratical states of + Barbary. The Emperor of Morocco, who had taken one of our vessels, + immediately consented to suspend hostilities and ultimately gave up the + vessel, cargo, and crew. I think we shall be able to settle matters with + him. But I am not sanguine as to the Algerines. They have taken two of our + vessels, and I fear will ask such a tribute for a forbearance of their + piracies as the United States would be unwilling to pay. When this idea + comes across my mind, my faculties are absolutely suspended between + indignation and impatience. I think whatever sums we are obliged to pay + for freedom of navigation in the European seas, should be levied on the + European commerce with us by a separate impost, that these powers may see + that they protect these enormities for their own loss. I have the honor to + be, with sentiments of the most perfect esteem and respect, Dear Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0162" id="link2H_4_0162"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLI.—TO LISTER ASQUITH, January 13, 1786 + </h2> + <p> + TO LISTER ASQUITH. + </p> + <p> + Paris, January 13, 1786. + </p> + <p> + Sir, + </p> + <p> + I have duly received your letter of the 2nd instant. The delays, which + have attended your enlargement, have been much beyond my expectation. The + reason I have not written to you for some time, has been the constant + expectation of receiving an order for your discharge. I have not received + it however. I went to Versailles three days ago, and made fresh + applications on the subject. I received assurances which give me reason to + hope that the order for your discharge will soon be made out. Be assured + it shall not be delayed a moment after it comes to my hands, and that I + shall omit no opportunity of hastening it. In the mean time, I think you + may comfort yourself and companions with the certainty of receiving it ere + long. + </p> + <p> + I am, Sir, your most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0163" id="link2H_4_0163"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + RE QUESTIONS FOR <i>ECONOMIE POLITIQUE ET DIPLOMATIQUE</i> + </h2> +<pre xml:space="preserve"> + [The following were answers by Mr. Jefferson to questions + addressed to him by Monsieur de Meusnier, author of that + part of the <i>Encylopédie Méthodique</i>, entitled <i>Economie + Politique et Diplomatique</i>.] +</pre> + <p> + 1. What has led Congress to determine that the concurrence of seven votes + is requisite in questions, which by the Confederation are submitted to the + decision of a majority of the United States in Congress assembled? + </p> + <p> + The ninth article of Confederation, section sixth, evidently establishes + three orders of questions in Congress. 1. The greater ones which relate to + making peace or war, alliances, coinage, requisitions for money, raising + military force, or appointing its commander-in-chief. 2. The lesser ones + which comprehend all other matters submitted by the Confederation to the + federal head. 3. The single question of adjourning from day to day. This + gradation of questions is distinctly characterized by the article. + </p> + <p> + In proportion to the magnitude of these questions, a greater concurrence + of the voices composing the Union was thought necessary. Three degrees of + concurrence, well distinguished by substantial circumstances, offered + themselves to notice. 1. A concurrence of a majority of the people of the + Union. It was thought that this would be insured by requiring the voices + of nine States; because according to the loose estimates which had then + been made of the inhabitants, and the proportion of them which were free, + it was believed, that even the nine smallest would include a majority of + the free citizens of the Union. The voices, therefore, of nine States were + required in the greater questions. 2. A concurrence of the majority of the + States. Seven constitute that majority. This number, therefore, was + required in the lesser questions. 3. A concurrence of the majority of + Congress, that is to say, of the States actually present in it. As there + is no Congress when there are not seven States present, this concurrence + could never be of less than four States. But these might happen to be the + four smallest, which would not include one ninth part of the free citizens + of the Union. This kind of majority, therefore, was entrusted with nothing + but the power of adjourning themselves from day to day. + </p> + <p> + Here then are three kinds of majorities. 1. Of the people. 2. Of the + States. 3. Of the Congress. Each of which is entrusted to a certain + length. + </p> + <p> + Though the paragraph in question be clumsily expressed, yet it strictly + announces its own intentions. It defines with precision, the greater + questions, for which nine votes shall be requisite. In the lesser + questions, it then requires a majority of the United States in Congress + assembled: a term which will apply either to the number seven, as being a + majority of the States, or to the number four, as being a majority of + Congress. Which of the two kinds of majority was meant. Clearly that which + would leave a still smaller kind for the decision of the question of + adjournment. The contrary construction would be absurd. + </p> + <p> + This paragraph, therefore, should be understood as if it had been + expressed in the following terms. ‘The United States in Congress + assembled, shall never engage in war, &c. but with the consent of nine + States: nor determine any other question, but with the consent of a + majority of the whole States, except the question of adjournment from day + to day, which may be determined by a majority of the States actually + present in Congress.’ + </p> + <p> + 2. How far is it permitted to bring on the reconsideration of a question + which Congress has once determined? + </p> + <p> + The first Congress which met being composed mostly of persons who had been + members of the legislatures of their respective States, it was natural for + them to adopt those rules in their proceedings, to which they had been + accustomed in their legislative houses; and the more so, as these happened + to be nearly the same, as having been copied from the same original, those + of the British parliament. One of those rules of proceeding was, that ‘a + question once determined cannot be proposed a second time in the same + session.’ Congress, during their first session in the autumn of 1774, + observed this rule strictly. But before their meeting in the spring of the + following year, the war had broken out. They found themselves at the head + of that war, in an executive as well as legislative capacity. They found + that a rule, wise and necessary for a legislative body, did not suit an + executive one, which, being governed by events, must change their purposes + as those change. Besides, their session was then to become of equal + duration with the war; and a rule, which should render their legislation + immutable during all that period, could not be submitted to. They, + therefore, renounced it in practice, and have ever since continued to + reconsider their questions freely. The only restraint, as yet provided + against the abuse of this permission to reconsider, is, that when a + question has been decided, it cannot be proposed for reconsideration, but + by some one who voted in favor of the former decision, and declares that + he has since changed his opinion. I do not recollect accurately enough, + whether it be necessary that his vote should have decided that of his + State, and the vote of his State have decided that of Congress. + </p> + <p> + Perhaps it might have been better, when they were forming the federal + constitution, to have assimilated it as much as possible to the particular + constitutions of the States. All of these have distributed the + legislative, executive, and judiciary powers into different departments. + In the federal constitution the judiciary powers are separated from the + others; but the legislative and executive are both exercised by Congress. + A means of amending this defect has been thought of. Congress having a + power to establish what committees of their own body they please, and to + arrange among them the distribution of their business, they might, on the + first day of their annual meeting, appoint an executive committee + consisting of a member from each State, and refer to them all executive + business which should occur during their session; confining themselves to + what is of a legislative nature, that is to say, to the heads described in + the ninth article, as of the competence of nine States only, and to such + other questions as should lead to the establishment of general rules. The + journal of this committee of the preceding day might be read the next + morning in Congress, and considered as approved, unless a vote was + demanded on a particular article, and that article changed. The sessions + of Congress would then be short, and when they separated, the + Confederation authorizes the appointment of a committee of the States + which would naturally succeed to the business of the executive committee. + The legislative business would be better done, because the attention of + the members would not be interrupted by the details of execution; and the + executive business would be better done, because business of this nature + is better adapted to small than great bodies. A monarchical head should + confide the execution of its will to departments, consisting each of a + plurality of hands, who would warp that will as much as possible towards + wisdom and moderation, the two qualities it generally wants. But a + republican head, founding its decrees originally in these two qualities, + should commit them to a single hand for execution, giving them thereby a + promptitude which republican proceedings generally want. Congress could + not, indeed, confide their executive business to a smaller number than a + committee consisting of a member from each State. This is necessary to + insure the confidence of the Union. But it would be gaining a great deal + to reduce the executive head to thirteen, and to relieve themselves of + those details. This, however, has as yet been the subject of private + conversations only. + </p> + <p> + 3. A succinct account of paper money, in America? + </p> + <p> + Previous to the late revolution, most of the States were in the habit, + whenever they had occasion for more money than could be raised + immediately, by taxes, to issue paper notes or bills, in the name of the + State, wherein they promised to pay to the bearer the sum named in the + note or bill. In some of the States, no time of payment was fixed, nor tax + laid to enable payment. In these, the bills depreciated. But others of the + States named in the bill the day when it should be paid, laid taxes to + bring in money enough for that purpose, and paid the bills punctually, on + or before the day named. In these States, paper money was in as high + estimation as gold and silver. On the commencement of the late Revolution, + Congress had no money. The external commerce of the States being + suppressed, the farmer could not sell his produce, and, of course, could + not pay a tax. Congress had no resource then, but in paper money. Not + being able to lay a tax for its redemption, they could only promise that + taxes should be laid for that purpose, so as to redeem the bills by a + certain day. They did not foresee the long continuance of the war, the + almost total suppression of their exports, and other events, which + rendered the performance of their engagement impossible. The paper money + continued, for a twelvemonth, equal to gold and silver. But the quantities + which they were obliged to emit, for the purposes of the war, exceeded + what had been the usual quantity of the circulating medium. It began, + therefore, to become cheaper, or, as we expressed it, it depreciated, as + gold and silver would have done, had they been thrown into circulation in + equal quantities. But not having, like them, an intrinsic value, its + depreciation was more rapid, and greater, than could ever have happened + with them. In two years, it had fallen to two dollars of paper money for + one of silver; in three years, to four for one; in nine months more, it + fell to ten for one; and in the six months following, that is to say, by + September, 1779, it had fallen to twenty for one. + </p> + <p> + Congress, alarmed at the consequences which were to be apprehended, should + they lose this resource altogether, thought it necessary to make a + vigorous effort to stop its further depreciation. They, therefore, + determined, in the first place, that their emissions should not exceed two + hundred millions of dollars, to which term they were then nearly arrived: + and, though they knew that twenty dollars of what they were then issuing, + would buy no more for their army than one silver dollar would buy, yet + they thought it would be worth while to submit to the sacrifices of + nineteen out of twenty dollars, if they could thereby stop further + depreciation. They, therefore, published an address to their constituents, + in which they renewed their original declarations, that this paper money + should be redeemed at dollar for dollar. They proved the ability of the + States to do this, and that their liberty would be cheaply bought at that + price. The declaration was ineffectual. No man received the money at a + better rate; on the contrary, in six months more, that is, by March, 1780, + it had fallen to forty for one. Congress then tried an experiment of a + different kind. Considering their former offers to redeem this money, at + par, as relinquished by the general refusal to take it, but in progressive + depreciation, they required the whole to be brought in, declared it should + be redeemed at its present value, of forty for one, and that they would + give to the holders new bills, reduced in their denomination to the sum of + gold or silver, which was actually to be paid for them. This would reduce + the nominal sum of the mass in circulation, to the present worth of that + mass, which was five millions; a sum not too great for the circulation of + the States, and which, they therefore hoped, would not depreciate further, + as they continued firm in their purpose of emitting no more. This effort + was as unavailing as the former. Very little of the money was brought in. + It continued to circulate and to depreciate, till the end of 1780, when it + had fallen to seventy-five for one, and the money circulated from the + French army, being, by that time, sensible in all the States north of the + Potomac, the paper ceased its circulation altogether, in those States. In + Virginia and North Carolina, it continued a year longer, within which time + it fell to one thousand for one, and then expired, as it had done in the + other States, without a single groan. Not a murmur was heard, on this + occasion, among the people. On the contrary, universal congratulations + took place, on their seeing this gigantic mass, whose dissolution had + threatened convulsions which should shake their infant confederacy to its + centre, quietly interred in its grave. Foreigners, indeed, who do not, + like the natives, feel indulgence for its memory, as of a being which has + vindicated their liberties, and fallen in the moment of victory, have been + loud, and still are loud in their complaints. A few of them have reason; + but the most noisy are not the best of them. They are persons who have + become bankrupt, by unskilful attempts at commerce with America. That they + may have some pretext to offer to their creditors, they have bought up + great masses of this dead money in America, where it is to be had at five + thousand for one, and they show the certificates of their paper + possessions, as if they had all died in their hands, and had been the + cause of their bankruptcy. Justice will be done to all, by paying to all + persons what this money actually cost them, with an interest of six per + cent, from the time they received it. If difficulties present themselves + in the ascertaining the epoch of the receipt, it has been thought better + that the State should lose, by admitting easy proofs, than that + individuals, and especially foreigners, should, by being held to such as + would be difficult, perhaps impossible. + </p> + <p> + 4. Virginia certainly owed two millions, sterling, to Great Britain, at + the conclusion of the war. Some have conjectured the debt as high as three + millions. I think that state owed near as much as all the rest put + together. This is to be ascribed to peculiarities in the tobacco trade. + The advantages made by the British merchants, on the tobaccos consigned to + them, were so enormous, that they spared no means of increasing those + consignments. A powerful engine for this purpose, was the giving good + prices and credit to the planter, till they got him more immersed in debt + than he could pay, without selling his lands or slaves. They then reduced + the prices given for his tobacco, so that let his shipments be ever so + great, and his demand of necessaries ever so economical, they never + permitted him to clear off his debt. These debts had become hereditary + from father to son, for many generations, so that the planters were a + species of property, annexed to certain mercantile houses in London. + </p> + <p> + 5. The members of Congress are differently paid by different States. Some + are on fixed allowances, from four to eight dollars a day. Others have + their expenses paid, and a surplus for their time. This surplus is of two, + three, or four dollars a day. + </p> + <p> + 6. I do not believe there has ever been a moment, when a single whig, in + any one State, would not have shuddered at the very idea of a separation + of their State from the confederacy. The tories would, at all times, have + been glad to see the confederacy dissolved, even by particles at a time, + in hopes of their attaching themselves again to Great Britain. + </p> + <p> + 7. The 11th article of Confederation admits Canada to accede to the + Confederation, at its own will, but adds, ‘no other colony shall be + admitted to the same, unless such admission be agreed to by nine States.’ + When the plan of April, 1784, for establishing new States, was on the + carpet, the committee who framed the report of that plan, had inserted + this clause, ‘provided nine States agree to such admission, according to + the reservation of the 11th of the articles of Confederation.’ It was + objected, 1. That the words of the Confederation, ‘no other colony,’ could + refer only to the residuary possessions of Great Britain, as the two + Floridas, Nova Scotia, &c. not being already parts of the Union; that + the law for ‘admitting’ a new member into the Union, could not be applied + to a territory which was already in the Union, as making part of a State + which was a member of it. 2. That it would be improper to allow ‘nine’ + States to receive a new member, because the same reasons which rendered + that number proper now, would render a greater one proper, when the number + composing the Union should be increased. They therefore struck out this + paragraph, and inserted a proviso, that, ‘the consent of so many States, + in Congress, shall be first obtained, as may, at the time, be competent;’ + thus leaving the question, whether the 11th article applies to the + admission of new States, to be decided when that admission shall be asked. + See the Journal of Congress of April 20, 1784. Another doubt was started + in this debate; viz. whether the agreement of the nine Stales, required by + the Confederation, was to be made by their legislatures, or by their + delegates in Congress. The expression adopted, viz. ‘so many States, in + Congress, is first obtained,’ show what was their sense of this matter. If + it be agreed, that the 11th article of the Confederation is not to be + applied to the admission of these new States, then it is contended that + their admission comes within the 13th article, which forbids ‘any + alteration, unless agreed to in a Congress of the United States, and + afterwards confirmed by the legislatures of every State.’ The independence + of the new States of Kentucky and Franklin, will soon bring on the + ultimate decision of all these questions. + </p> + <p> + 8. Particular instances, whereby the General Assembly of Virginia have + shown, that they considered the ordinance called their constitution, as + every other ordinance, or act of the legislature, subject to be altered by + the legislature for the time being. + </p> + <p> + 1. The convention which formed that constitution, declared themselves to + be the House of Delegates, during the term for which they were originally + elected, and, in the autumn of the year, met the Senate, elected under the + new constitution, and did legislative business with them. At this time, + there were malefactors in the public jail, and there was, as yet, no court + established for their trial. They passed a law, appointing certain members + by name, who were then members of the Executive Council, to be a court for + the trial of these malefactors, though the constitution had said, in + express words, that no person should exercise the powers of more than one + of the three departments, legislative, executive, and judiciary, at the + same time. This proves, that the very men who had made that constitution, + understood that it would be alterable by the General Assembly. This court + was only for that occasion. When the next General Assembly met, after the + election of the ensuing year, there was a new set of malefactors in the + jail, and no court to try them. This Assembly passed a similar law to the + former, appointing certain members of the Executive Council to be an + occasional court for this particular case. Not having the journals of + Assembly by me, I am unable to say whether this measure was repealed + afterwards. However, they are instances of executive and judiciary powers + exercised by the same persons, under the authority of a law, made in + contradiction to the constitution. + </p> + <p> + 2. There was a process depending in the ordinary courts of justice, + between two individuals of the name of Robinson and Fauntleroy, who were + relations, of different descriptions, to one Robinson, a British subject, + lately dead. Each party claimed a right to inherit the lands of the + decedent, according to the laws. Their right should, by the constitution, + have been decided by the judiciary courts; and it was actually depending + before them. One of the parties petitioned the Assembly, (I think it was + in the year 1782,) who passed a law deciding the right in his favor. In + the following year, a Frenchman, master of a vessel, entered into port + without complying with the laws established in such cases, whereby he + incurred the forfeitures of the law to any person who would sue for them. + An individual instituted a legal process to recover these forfeitures, + according to the law of the land. The Frenchman petitioned the Assembly, + who passed a law deciding the question of forfeiture in his favor. These + acts are occasional repeals of that part of the constitution, which + forbids the same persons to exercise legislative and judiciary powers, at + the same time. + </p> + <p> + 3. The Assembly is in the habitual exercise, during their sessions, of + directing the Executive what to do. There are few pages of their journals, + which do not furnish proofs of this, and, consequently, instances of the + legislative and executive powers exercised by the same persons, at the + same time. These things prove, that it has been the uninterrupted opinion + of every Assembly, from that which passed the ordinance called the + constitution, down to the present day, that their, acts may control that + ordinance, and, of course, that the State of Virginia has no fixed + constitution at all. + </p> + <p> + <a name="link2H_4_0164" id="link2H_4_0164"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ARTICLE BY JEFFERSON: ‘<i>Etats Unis,</i>’ FOR THE <i>Encyclopédie + Méthodique</i> + </h2> +<pre xml:space="preserve"> + [The succeeding observations were made by Mr. Jefferson on + an article entitled ‘<i>Etats Unis</i>,’ prepared for the + <i>Encyclopédie Méthodique</i>, and submitted to him before its + publication.] +</pre> + <p> + Page 8. The malefactors sent to America were not sufficient in number to + merit enumeration, as one class out of three, which peopled America. It + was at a late period of their history, that this practice began. I have no + book by me, which enables me to point out the date of its commencement. + But I do not think the whole number sent would amount to two thousand, and + being principally men, eaten up with disease, they married seldom and + propagated little. I do not suppose that themselves and their descendants + are, at present, four thousand, which is little more than one thousandth + part of the whole inhabitants. + </p> + <p> + Indented servants formed a considerable supply. These were poor Europeans, + who went to America to settle themselves. If they could pay their passage, + it was well. If not, they must find means of paying it. They were at + liberty, therefore, to make an agreement with any person they chose, to + serve him such a length of time as they agreed on, upon condition that he + would repay, to the master of the vessel, the expenses of their passage. + If, being foreigners, unable to speak the language, they did not know how + to make a bargain for themselves, the captain of the vessel contracted for + them, with such persons as he could. This contract was by deed indented, + which occasioned them to be called indented servants. Sometimes they were + called redemptioners, because, by their agreement with the master of the + vessel, they could redeem themselves from his power by paying their + passage; which they frequently effected, by hiring themselves on their + arrival, as is before mentioned. In some States, I know that these people + had a right of marrying themselves, without their master’s leave, and I + did suppose they had that right every where. I did not know, that, in any + of the States, they demanded so much as a week for every day’s absence, + without leave. I suspect this must have been at a very early period, while + the governments were in the hands of the first emigrants, who, being + mostly laborers, were narrow-minded and severe. I know that in Virginia, + the laws allowed their servitude to be protracted only two days for every + one they were absent without leave. So mild was this kind of servitude, + that it was very frequent for foreigners, who carried to America money + enough, not only to pay their passage, but to buy themselves a farm, to + indent themselves to a master for three years, for a certain sum of money, + with a view to learn the husbandry of the country. I will here make a + general observation. So desirous are the poor of Europe to get to America, + where they may better their condition, that, being unable to pay their + passage, they will agree to serve two or three years on their arrival + there, rather than not go. During the time of that service, they are + better fed, better clothed, and have lighter labor, than while in Europe. + Continuing to work for hire, a few years longer, they buy a farm, marry, + and enjoy all the sweets of a domestic society of their own. The American + governments are censured for permitting this species of servitude, which + lays the foundation of the happiness of these people. But what should + these governments do? Pay the passage of all those who choose to go into + their country? They are not able; nor, were they able, do they think the + purchase worth the price. Should they exclude these people from their + shores? Those who know their situations in Europe and America, would not + say, that this is the alternative which humanity dictates. It is said + these people are deceived by those who carry them over. But this is done + in Europe. How can the American governments prevent it? Should they punish + the deceiver? It seems more incumbent on the European government, where + the act is done, and where a public injury is sustained from it. However, + it is only in Europe that this deception is heard of. The individuals are + generally satisfied in America, with their adventure, and very few of them + wish not to have made it. I must add, that the Congress have nothing to do + with this matter. It belongs to the legislatures of the several States. + </p> + <p> + Page 26. ‘<i>Une puissance, en effet,</i>’ &c. The account of the + settlement of the colonies, which precedes this paragraph, shows that that + settlement was not made by public authority, or at the public expense of + England; but by the exertions, and at the expense, of individuals. Hence + it happened, that their constitutions were not formed systematically, but + according to the circumstances which happened to exist in each. Hence, + too, the principles of the political connection between the old and new + countries were never settled. That it would have been advantageous to have + settled them, is certain; and, particularly, to have provided a body which + should decide, in the last resort, all cases wherein both parties were + interested. But it is not certain that that right would have been given, + or ought to have been given, to the Parliament; much less, that it + resulted to the Parliament, without having been given to it expressly. Why + was it necessary, that there should have been a body to decide in the last + resort? Because, it would have been for the good of both parties. But this + reason shows, it ought not to have been the Parliament, since that would + have exercised it for the good of one party only. + </p> + <p> + Page 105. As to the change of the 8th article of Confederation, for + quotaing requisitions of money on the States. + </p> + <p> + By a report of the secretary of Congress, dated January the 4th, 1786, + eight States had then acceded to the proposition; to wit, Massachusetts, + Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, and + North Carolina. + </p> + <p> + Congress, on the 18th of April, 1783, recommended to the States to invest + them with a power, for twenty-five years, to levy an impost of five per + cent, on all articles imported from abroad. New Hampshire, Massachusetts, + Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, + and South Carolina, had complied with this, before the 4th of January, + 1786. Maryland had passed an act for the same purpose; but, by a mistake + in referring to the date of the recommendation of Congress, the act failed + of its effect. This was therefore to be rectified. Since the 4th of + January, the public papers tell us, that Rhode Island has complied fully + with this recommendation. It remains still for New York and Georgia to do + it. The exportations of America, which are tolerably well known, are the + best measure for estimating the importations. These are probably worth + about twenty millions of dollars annually. Of course, this impost will pay + the interest of a debt to that amount. If confined to the foreign debt, it + will pay the whole interest of that, and sink half a million of the + capital annually. The expenses of collecting this impost, will probably be + six per cent, on its amount, this being the usual expense of collection in + the United States. This will be sixty thousand dollars. + </p> + <p> + On the 30th of April, 1784, Congress recommended to the States, to invest + them with a power, for fifteen years, to exclude from their ports the + vessels of all nations, not having a treaty of commerce with them; and to + pass, as to all nations, an act on the principles of the British + navigation act. Not that they were disposed to carry these powers into + execution, with such as would meet them in fair and equal arrangements of + commerce; but that they might be able to do it against those who should + not. On the 4th of January, 1786, New Hampshire, Massachusetts, Rhode + Island, Connecticut, New York, Pennsylvania, Maryland, Virginia, and North + Carolina, had done it: It remained for New Jersey, Delaware, South + Carolina, and Georgia to do the same. + </p> + <p> + in the mean time, the general idea has advanced before the demands of + Congress, and several States have passed acts, for vesting Congress with + the whole regulation of their commerce, reserving the revenue arising from + these regulations, to the disposal of the State in which it is levied. The + States which, according to the public papers, have passed such acts, are + New Hampshire, Massachusetts, Rhode Island, New Jersey, Delaware, and + Virginia: but the Assembly of Virginia, apprehensive that this disjointed + method of proceeding may fail in its effect, or be much retarded, passed a + resolution on the 21st of January, 1786, appointing commissioners to meet + others from the other States, whom they invite into the same measure, to + digest the form of an act for investing Congress with, such powers over + their commerce, as shall be thought expedient, which act is to be reported + to their several Assemblies for their adoption. This was the state of the + several propositions relative to the impost and regulation of commerce at + the date of our latest advices from America. + </p> + <p> + Page 125. The General Assembly of Virginia, at their session in 1785, + passed an act, declaring that the district called Kentucky shall be a + separate and independent State on these conditions. 1. That the people of + that district shall consent to it. 2. That Congress shall consent to it, + and shall receive them into the federal Union. 3. That they shall take on + themselves a proportionable part of the public debt of Virginia. 4. That + they shall confirm all titles to lands within their district made by the + State of Virginia before their separation. + </p> + <p> + Page 139. It was in 1783, and not in 1781, that Congress quitted + Philadelphia. + </p> + <p> + Page 140, ‘<i>Le Congrès qui se trouvoit a la portée des rebelles fut + effrayé.</i>’ I was not present on this occasion, but, I have had + relations of the transaction from several who were. The conduct of + Congress was marked with indignation and firmness. They received no + propositions from the mutineers. They came to the resolutions which may be + seen in the journals of June the 21st, 1783, then adjourned regularly and + went through the body of the mutineers to their respective lodgings. The + measures taken by Dickinson, the President of Pennsylvania, for punishing + this insult, not being satisfactory to Congress, they assembled nine days + after at Princeton, in Jersey. The people of Pennsylvania sent petitions, + declaring their indignation at what had passed, their devotion to the + federal head, and their dispositions to protect it, and praying them to + return; the legislature as soon as assembled did the same thing; the + Executive, whose irresolution had been so exceptionable, made apologies. + But Congress were now removed; and to the opinion that this example was + proper, other causes were now added sufficient to prevent their return to + Philadelphia. + </p> + <p> + Page 155, I. 2. Omit ‘<i>La dette actuelle,</i>’ &c. + </p> + <p> + And also, ‘<i>Les details,</i>’ &c. &c. to the end of the + paragraph, ‘<i>celles des Etats Unis</i>’ page 156. The reason is, that + these passages seem to suppose that the several sums emitted by Congress + at different times, amounting nominally to two hundred millions of + dollars, had been actually worth that at the time of emission, and of + course, that the soldiers and others had received that sum from Congress. + But nothing is further from the truth. The soldier, victualler, or other + persons who received forty dollars for a service at the close of the year + 1779, received, in fact, no more than he who received one dollar for the + same service in the year 1775, or 1776; because in those years the paper + money was at par with silver; whereas, by the close of 1779, forty paper + dollars were worth but one of silver, and would buy no more of the + necessaries of life. To know what the monies emitted by Congress were + worth to the people at the time they received them, we will state the date + and amount of every several emission, the depreciation of paper money at + the time, and the real worth of the emission in silver or gold. + </p> +<pre xml:space="preserve"> + [Illustration: Depreciation of Money 1775-1779, page411] + + [* The sum actually voted was 50,000,400, but part of it was + for exchange of old bills, without saying how much. It is + presumed that these exchanges absorbed 25,552,780, because + the remainder 24,447,620, with all the other emissions + preceding September 2nd, 1779, will amount to 159,948,880, + the sum which Congress declared to be then in circulation.] +</pre> + <p> + Thus it appears that the two hundred millions of dollars, emitted by + Congress, were worth to those who received them, but about thirty-six + millions of silver dollars. If we estimate at the same value the like sum + of two hundred millions, supposed to have been emitted by the States, and + reckon the Federal debt, foreign and domestic, at about forty-three + millions, and the State debts at about twenty-five millions, it will form + an amount of one hundred and forty millions of dollars, or seven hundred + and thirty-five millions of livres Tournois, the total sum which the war + has cost the inhabitants of the United States. It continued eight years, + from the battle of Lexington to the cessation of hostilities in America. + The annual expense then was about seventeen millions and five hundred + thousand dollars, while that of our enemies was a greater number of + guineas. + </p> + <p> + It will be asked, how will the two masses of Continental and of State + money have cost the people of the United States seventy-two millions of + dollars, when they are to be redeemed now with about six millions? I + answer, that the difference, being sixty-six millions, has been lost on + the paper bills separately by the successive holders of them. Every one + through whose hands a bill passed lost on that bill what it lost in value, + during the time it was in his hands. This was a real tax on him; and in + this way, the people of the United States actually contributed those + sixty-six millions of dollars during the war, and by a mode of taxation + the most oppressive of all, because the most unequal of all. + </p> + <p> + Page 166; bottom line. Leave out ‘Et c’est une autre économie,’ &c. + The reason of this is, that in 1784, purchases of lands were to be made of + the Indians, which were accordingly made. But in 1785 they did not propose + to make any purchase. The money desired in 1785, five thousand dollars, + was probably to pay agents residing among the Indians, or balances of the + purchases of 1784. These purchases will not be made every year; but only + at distant intervals, as our settlements are extended: and it may be + regarded as certain, that not a foot of land will ever be taken from the + Indians without their own consent. The sacredness of their rights is felt + by all thinking persons in America, as much as in Europe. + </p> + <p> + Page 170. Virginia was quotaed the highest of any State in the Union. But + during the war several States appear to have paid more, because they were + free from the enemy, whilst Virginia was cruelly ravaged. The requisition + of 1784 was so quotaed on the several States, as to bring up their + arrearages; so that, when they should have paid the sums then demanded, + all would be on an equal footing. It is necessary to give a further + explanation of this requisition. The requisitions of one million and two + hundred thousand dollars, of eight millions, and two millions, had been + made during the war, as an experiment to see whether in that situation the + States could furnish the necessary supplies. It was found they could not. + The money was thereupon obtained by loans in Europe: and Congress meant by + their requisition of 1784, to abandon the requisitions of one million and + two hundred thousand dollars, and of two millions, and also one half of + the eight millions. But as all the States almost had made some payments in + part of that requisition, they were obliged to retain such a proportion of + it as would enable them to call for equal contributions from all the + others. + </p> + <p> + Page 170. I cannot say how it has happened, that the debt of Connecticut + is greater than that of Virginia. The latter is the richest in + productions, and, perhaps, made greater exertions to pay for her supplies + in the course of the war. + </p> + <p> + Page 172. ‘<i>Les Americains levant après une banqueroute,</i> &c. The + objections made to the United States being here condensed together in a + short compass, perhaps it would not be improper to condense the answers in + as small a compass in some such form as follows. That is, after the words + ‘<i>aucun espoir,</i>’ add, ‘But to these charges it may be justly + answered, that those are no bankrupts who acknowledge the sacredness of + their debts in their just and real amount, who are able within a + reasonable time to pay them, and who are actually proceeding in that + payment; that they furnish, in fact, the supplies necessary for the + support of their government; that their officers and soldiers are + satisfied, as the interest of their debt is paid regularly, and the + principal is in a course of payment; that the question, whether they + fought ill should be asked of those who met them at Bunker’s Hill, + Bennington, Stillwater, King’s Mountain, the Cowpens, Guilford, and the + Eutaw. And that the charges of ingratitude, madness, infidelity, and + corruption, are easily made by those to whom falsehoods cost nothing; but + that no instances in support of them have been produced or can be + produced.’ + </p> + <p> + Page 182. ‘<i>Les officiers et les soldats ont été payés</i>,’ &c. The + balances due to the officers and soldiers have been ascertained, and a + certificate of the sum given to each; on these the interest is regularly + paid; and every occasion is seized of paying the principal by receiving + these certificates as money whenever public property is sold, till a more + regular and effectual method can be taken for paying the whole. + </p> + <p> + Page 191. ‘<i>Quoique la loi dont nous parlons, ne s’observe plus en + Angleterre</i>.’ ‘An alien born may purchase lands or other estates, but + not for his own use; for the King is thereupon entitled to them.’ ‘Yet an + alien may acquire a property in goods, money, and other personal estate, + or may hire a house for his habitation. For this is necessary for the + advancement of trade.’ ‘Also, an alien may bring an action concerning + personal property, and may make a will and dispose of his personal + estate.’ When I mention these rights of an alien, I must be understood of + alien friends only, or such whose countries are in peace with ours; for + alien enemies have no rights, no privileges, unless by the King’s special + favor during the time of war.‘Blackstone, B.1. c.10. page 372. ‘An alien + friend may have personal actions, but not real; an alien enemy shall have + neither real, personal, nor mixed actions. The reason why an alien friend + is allowed to maintain a personal action is, because he would otherwise be + incapacitated to merchandise, which may be as much to our prejudice as + his.’ Cunningham’s Law Diet, title, Aliens. The above is the clear law of + England, practised from the earliest ages to this day, and never denied. + The passage quoted by M. de Meusnier from Black-stone, c.26. is from his + chapter ‘Of title to things personal by occupancy.’ The word ‘personal’ + shows that nothing in this chapter relates to lands which are real estate; + and therefore, this passage does not contradict the one before quoted from + the same author (1.B. c.10.), which says, that the lands of an alien + belong to the King. The words, ‘of title by occupancy,’ show, that it does + not relate to debts, which being a moral existence only, cannot be the + subject of occupancy. Blackstone, in this passage (B.2. c.26.), speaks + only of personal goods of an alien, which another may find and seize as + prime occupant. + </p> + <p> + Page 193. ‘<i>Le remboursement presentera des difficultés des sommes + considérables</i>,’ &c. There is no difficulty nor doubt on this + subject. Every one is sensible how this is to be ultimately settled. + Neither the British creditor, nor the State, will be permitted to lose by + these payments. The debtor will be credited for what he paid, according to + what it was really worth at the time he paid it, and he must pay the + balance. Nor does he lose by this; for if a man who owed one thousand + dollars to a British merchant, paid eight hundred paper dollars into the + treasury, when the depreciation was at eight for one, it is clear he paid + but one hundred real dollars, and must now pay nine hundred. It is + probable he received those eight hundred dollars for one hundred bushels + of wheat, which were never worth more than one hundred silver dollars. He + is credited, therefore, the full worth of his wheat. The equivoque is in + the use of the word ‘dollar.’ + </p> + <p> + Page 226. ‘<i>Qu’on abolisse les privilèges du clergé</i>.’ This + privilege, originally allowed to the clergy, is now extended to every man, + and even to women. It is a right of exemption from capital punishment for + the first offence in most cases. It is then a pardon by the law. In other + cases, the Executive gives the pardon. But when laws are made as mild as + they should be, both those pardons are absurd. The principle of Beccaria + is sound. Let the legislators be merciful, but the executors of the law + inexorable. As the term ‘privilèges du clergé’ may be misunderstood by + foreigners, perhaps it will be better to strike it out here and substitute + the word ‘pardon.’ + </p> + <p> + Page 239. ‘<i>Les commissaires veulent</i>,’ &c. Manslaughter is the + killing a man with design, but in a sudden gust of passion, and where the + killer has not had time to cool. The first offence is not punished + capitally, but the second is. This is the law of England and of all the + American States; and is not a new proposition. Those laws have supposed + that a man, whose passions have so much dominion over him, as to lead him + to repeated acts of murder, is unsafe to society: that it is better he + should be put to death by the law, than others more innocent than himself + on the movements of his impetuous passions. + </p> + <p> + Ibid. ‘<i>Mal-aisé d’indiquer la nuance précise,</i>’ &c. In forming a + scale of crimes and punishments, two considerations have principal weight. + 1. The atrocity of the crime. 2. The peculiar circumstances of a country, + which furnish greater temptations to commit it, or greater facilities for + escaping detection, The punishment must be heavier to counterbalance this. + Were the first the only consideration, all nations would form the same + scale. But as the circumstances of a country have influence on the + punishment, and no two countries exist precisely under the same + circumstances, no two countries will form the same scale of crimes and + punishments. For example; in America the inhabitants let their horses go + at large in the uninclosed lands which are so extensive as to maintain + them altogether. It is easy, therefore, to steal them and easy to escape. + Therefore the laws are obliged to oppose these temptations with a heavier + degree of punishment. For this reason the stealing of a horse in America + is punished more severely, than stealing the same value in any other form. + In Europe where horses are confined so securely, that it is impossible to + steal them, that species of theft need not be punished more severely than + any other. In some countries of Europe, stealing fruit from trees in + punished capitally. The reason is, that it being impossible to lock fruit + trees up in coffers, as we do our money, it is impossible to oppose + physical bars to this species of theft. Moral ones are therefore opposed + by the laws. This to an unreflecting American appears the most enormous of + all the abuses of power; because he has been used to see fruits hanging in + such quantities, that if not taken by men they would rot: he has been used + to consider them therefore as of no value, and as not furnishing materials + for the commission of a crime. This must serve as an apology for the + arrangement of crimes and punishments in the scale under our + consideration. A different one would be formed here; and still different + ones in Italy, Turkey, China, &c. + </p> + <p> + Page 240. ‘<i>Les officiers Americains,</i>’ &c. to page 264, ‘<i>qui + le méritoient</i>.’ I would propose to new-model this section in the + following manner, 1. Give a succinct history of the origin and + establishment of the Cincinnati. 2. Examine whether in its present form it + threatens any dangers to the State. 3. Propose the most practicable method + of preventing them. + </p> + <p> + Having been in America during the period in which this institution was + formed, and being then in a situation which gave me opportunities of + seeing it in all its stages, I may venture to give M. de Meusnier + materials for the first branch of the preceding distribution of the + subject. The second and third he will best execute himself. I should write + its history in the following form. When on the close of that war which + established the independence of America, its army was about to be + disbanded, the officers, who, during the course of it, had gone through + the most trying scenes together, who by mutual aids and good offices had + become dear to one another, felt with great oppression of mind the + approach of that moment which was to separate them, never perhaps to meet + again. They were from different States, and from distant parts of the same + State. Hazard alone could therefore give them but rare and partial + occasions of seeing each other. They were of course to abandon altogether + the hope of ever meeting again, or to devise some occasion which might + bring them together. And why not come together on purpose at stated times? + Would not the trouble of such a journey be greatly overpaid by the + pleasure of seeing each other again, by the sweetest of all consolations, + the talking over the scenes of difficulty and of endearment they had gone + through? This too would enable them to know who of them should succeed in + the world, who should be unsuccessful, and to open the purses of all to + every laboring brother. This idea was too soothing not to be cherished in + conversation. It was improved into that of a regular association, with an + organized administration, with periodical meetings, general and + particular, fixed contributions for those who should be in distress, and a + badge by which not only those who had not had occasion to become + personally known should be able to recognise one another, but which should + be worn by their descendants, to perpetuate among them the friendships + which had bound their ancestors together. + </p> + <p> + General Washington was, at that moment, oppressed with the operation of + disbanding an army which was not paid, and the difficulty of this + operation was increased, by some two or three States having expressed + sentiments, which did not indicate a sufficient attention to their + payment. He was sometimes present, when his officers were fashioning, in + their conversations, their newly proposed society. He saw the innocence of + its origin, and foresaw no effects less innocent. He was, at that time, + writing his valedictory letter to the States, which has been so deservedly + applauded by the world. Far from thinking it a moment to multiply the + causes of irritation, by thwarting a proposition which had absolutely no + other basis but that of benevolence and friendship, he was rather + satisfied to find himself aided in his difficulties by this new incident, + which occupied, and, at the same time, soothed the minds of the officers. + He thought, too, that this institution would be one instrument the more, + for strengthening the federal bond, and for promoting federal ideas. The + institution was formed. They incorporated into it the officers of the + French army and navy, by whose sides they had fought, and with whose aid + they had finally prevailed, extending it to such grades, as they were told + might be permitted to enter into it. They sent an officer to France, to + make the proposition to them, and to procure the badges which they had + devised for their order. The moment of disbanding the army having come, + before they could have a full meeting to appoint their President, the + General was prayed to act in that office till their first general meeting, + which was to be held at Philadelphia, in the month of May following. + </p> + <p> + The laws of the society were published. Men who read them in their + closers, unwarmed by those sentiments of friendship which had produced + them, inattentive to those pains which an approaching separation had + excited in the minds of the instituters, politicians, who see in every + thing only the dangers with which it threatens civil society, in fine, the + laboring people, who, shielded by equal laws, had never seen any + difference between man and man, but had read of terrible oppressions, + which people of their description experience in other countries, from + those who are distinguished by titles and badges, began to be alarmed at + this new institution. A remarkable silence, however, was observed. Their + solicitudes were long confined within the circles of private conversation. + At length, however, a Mr. Burke, Chief Justice of South Carolina, broke + that silence. He wrote against the new institution, foreboding its + dangers, very imperfectly indeed, because he had nothing but his + imagination to aid him. An American could do no more; for to detail the + real evils of aristocracy, they must be seen in Europe. Burke’s fears were + thought exaggerations in America; while in Europe, it is known that even + Mirabeau has but faintly sketched the curses of hereditary aristocracy, as + they are experienced here, and as they would have followed in America, had + this institution remained. The epigraph of Burke’s pamphlet, was ‘Blow ye + the trumpet in Zion.’ Its effect corresponded with its epigraph. This + institution became, first, the subject of general conversation. Next, it + was made the subject of deliberation in the legislative Assemblies of some + of the States. The Governor of South Carolina censured it, in an address + to the Assembly of that State. The Assemblies of Massachusetts, Rhode + Island, and Pennsylvania condemned its principles. No circumstance, + indeed, brought the consideration of it expressly before Congress; yet it + had sunk deep into their minds. An offer having been made to them, on the + part of the Polish order of Divine Providence, to receive some of their + distinguished citizens into that order, they made that an occasion to + declare, that these distinctions were contrary to the principles of their + Confederation. + </p> + <p> + The uneasiness excited by this institution had very early caught the + notice of General Washington. Still recollecting all the purity of the + motives which gave it birth, he became sensible that it might produce + political evils, which the warmth of those motives had masked. Add to + this, that it was disapproved by the mass of citizens of the Union. This, + alone, was reason strong enough, in a country where the will of the + majority is the law, and ought to be the law. He saw that the objects of + the institution were too light to be opposed to considerations as serious + as these; and that it was become necessary to annihilate it absolutely. On + this, therefore, he was decided. The first annual meeting at Philadelphia + was now at hand; he went to that, determined to exert all his influence + for its suppression. He proposed it to his fellow officers, and urged it + with all his powers. It met an opposition which was observed to cloud his + face with an anxiety, that the most distressful scenes of the war had + scarcely ever produced. It was canvassed for several days, and, at length, + it was no more a doubt, what would be its ultimate fate. The order was on + the point of receiving its annihilation, by the vote of a great majority + of its members. In this moment, their envoy arrived from France, charged + with letters from the French officers, accepting with cordiality the + proposed badges of union, with solicitations from others to be received + into the order, and with notice that their respectable Sovereign had been + pleased to recognise it, and to permit his officers to wear its badges. + The prospect was now changed. The question assumed a new form. After the + offer made by them, and accepted by their friends, in what words could + they clothe a proposition to retract it, which would not cover themselves + with the reproaches of levity and ingratitude? which would not appear an + insult to those whom they loved? Federal principles, popular discontent, + were considerations, whose weight was known and felt by themselves. But + would foreigners know and feel them equally? Would they so far acknowledge + their cogency, as to permit, without any indignation, the eagle and ribbon + to be torn from their breasts, by the very hands which had placed them + there? The idea revolted the whole society. They found it necessary, then, + to preserve so much of their institution as might continue to support this + foreign branch, while they should prune off every other, which would give + offence to their fellow citizens: thus sacrificing, on each hand, to their + friends and to their country. + </p> + <p> + The society was to retain its existence, its name, its meetings, and its + charitable funds: but these last were to be deposited with their + respective legislatures. The order was to be no longer hereditary; a + reformation, which had been pressed even from this side the Atlantic; it + was to be communicated to no new members; the general meetings, instead of + annual, were to be triennial only. The eagle and ribbon, indeed, were + retained, because they were worn, and they wished them to be worn, by + their friends who were in a country where they would not be objects of + offence; but themselves never wore them. They laid them up in their + bureaus, with the medals of American Independence, with those of the + trophies they had taken, and the battles they had won. But through all the + United States, no officer is seen to offend the public eye with the + display of this badge. These changes have tranquillized the American + States. Their citizens feel too much interest in the reputation of their + officers, and value too much whatever may serve to recall to the memory of + their allies, the moments wherein they formed but one people, not to do + justice to the circumstance which prevented a total annihilation of the + order. Though they are obliged by a prudent foresight, to keep out every + thing from among themselves, which might pretend to divide them into + orders, and to degrade one description of men below another, yet they hear + with pleasure, that their allies, whom circumstances have already placed + under these distinctions, are willing to consider it as one, to have aided + them in the establishment of their liberties, and to wear a badge which + may recall them to their remembrance; and it would be an extreme + affliction to them, if the domestic reformation which has been found + necessary, if the censures of individual writers, or if any other + circumstance, should discourage the wearing of their badge, or lessen its + reputation. + </p> + <p> + This short but true, history of the order of the Cincinnati, taken from + the mouths of persons on the spot, who were privy to its origin and + progress, and who know its present state, is the best apology which can be + made for an institution, which appeared to be, and was really, so + heterogeneous to the governments in which it was erected. + </p> + <p> + It should be further considered, that, in America, no other distinction + between man and man had ever been known, but that of persons in office, + exercising powers by authority of the laws, and private individuals. Among + these last, the poorest laborer stood on equal ground with the wealthiest + millionary, and generally, on a more favored one, whenever their rights + seemed to jar. It has been seen that a shoemaker, or other artisan, + removed by the voice of his country from his work-bench, into a chair of + office, has instantly commanded all the respect and obedience, which the + laws ascribe to his office. But of distinctions by birth or badge, they + had no more idea than they had of the mode of existence in the moon or + planets. They had heard only that there were such, and knew that they must + be wrong. A due horror of the evils which flow from these distinctions, + could be excited in Europe only, where the dignity of man is lost in + arbitrary distinctions, where the human species is classed into several + stages of degradation, where the many are crouched under the weight of the + few, and where the order established can present to the contemplation of a + thinking being, no other picture, than that of God Almighty and his + angels, trampling under foot the host of the damned. No wonder, then, that + the institution of the Cincinnati should be innocently conceived by one + order of American citizens, should raise in the other orders, only a slow, + temperate, and rational opposition, and should be viewed in Europe as a + detestable parricide. + </p> + <p> + The second and third branches of this subject, nobody can better execute + than M. de Meusnier. Perhaps it may be curious to him to see how they + strike an American mind at present. He shall, therefore, have the ideas of + one, who was an enemy to the institution from the first moment of its + conception, but who was always sensible, that the officers neither foresaw + nor intended the injury they were doing to their country. + </p> + <p> + As to the question, then, whether any evil can proceed from the + institution, as it stands at present, I am of opinion there may. 1. From + the meetings. These will keep the officers formed into a body; will + continue a distinction between the civil and military, which, it would be + for the good of the whole to obliterate, as soon as possible; and military + assemblies will not only keep alive the jealousies and fears of the civil + government, but give ground for these fears and jealousies. For when men + meet together, they will make business, if they have none; they will + collate their grievances, some real, some imaginary, all highly painted; + they will communicate to each other the sparks of discontent; and these + may engender a flame, which will consume their particular, as well as the + general happiness. 2. The charitable part of the institution is still more + likely to do mischief, as it perpetuates the dangers apprehended in the + preceding clause. For here is a fund provided, of permanent existence. To + whom will it belong? To the descendants of American officers, of a certain + description. These descendants, then, will form a body, having a + sufficient interest to keep up an attention to their description, to + continue meetings, and perhaps, in some moment, when the political eye + shall be slumbering, or the firmness of their fellow citizens relaxed, to + replace the insignia of the order, and revive all its pretensions. What + good can the officers propose, which may weigh against these possible + evils? The securing their descendants against want? Why afraid to trust + them to the same fertile soil, and the same genial climate, which will + secure from want the descendants of their other fellow citizens? Are they + afraid they will be reduced to labor the earth for their sustenance? They + will be rendered thereby both more honest and happy. An industrious farmer + occupies a more dignified place in the scale of beings, whether moral or + political, than a lazy lounger, valuing himself on his family, too proud + to work, and drawing out a miserable existence, by eating on that surplus + of other men’s labor, which is the sacred fund of the helpless poor. A + pitiful annuity will only prevent them from exerting that industry and + those talents, which would soon lead them to better fortune. + </p> + <p> + How are these evils to be prevented? 1. At their first general meeting, + let them distribute the funds on hand to the existing objects of their + destination, and discontinue all further contributions. 2. Let them + declare, at the same time, that their meetings, general and particular, + shall thenceforth cease. 3. Let them melt up their eagles, and add the + mass to the distributable fund, that their descendants may have no + temptation to hang them in their button-holes. + </p> + <p> + These reflections are not proposed as worthy the notice of M. de Meusnier. + He will be so good as to treat the subject in his own way, and no body has + a better. I will only pray him to avail us of his forcible manner, to + evince that there is evil to be apprehended, even from the ashes of this + institution, and to exhort the society in America to make their + reformation complete; bearing in mind, that we must keep the passions of + men on our side, even when we are persuading them to do what they ought to + do. + </p> + <p> + Page 268. ‘<i>Et en effet la population</i>,’ &c. Page 270. ‘<i>Plus + de confiance</i>.’ + </p> + <p> + To this, we answer, that no such census of the numbers was ever given out + by Congress, nor ever presented to them: and further, that Congress never + have, at any time, declared by their vote, the number of inhabitants in + their respective States. On the 22nd of June, 1775, they first resolved to + emit paper money. The sum resolved on was two millions of dollars. They + declared, then, that the twelve confederate colonies (for Georgia had not + yet joined them) should be pledged for the redemption of these bills. To + ascertain in what proportion each State should be bound, the members from + each were desired to say, as nearly as they could, what was the number of + the inhabitants of their respective States. They were very much unprepared + for such a declaration. They guessed, however, as well as they could. The + following are the numbers, as they conjectured them, and the consequent + apportionment of the two millions of dollars. + </p> + <p> + <a name="linkimage-0035" id="linkimage-0035"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page422.jpg" alt="Population Estimates--1775, Page422 " width="100%" /><br /> + </div> + <p> + Georgia, having not yet acceded to the measures of the other States, was + not quotaed; but her numbers were generally estimated at about thirty + thousand, and so would have made the whole, two million four hundred and + forty-eight thousand persons, of every condition. But it is to be + observed, that though Congress made this census the basis of their + apportionment, yet they did not even give it a place on their journals; + much less, publish it to the world with their sanction. The way it got + abroad was this. As the members declared from their seats the number of + inhabitants which they conjectured to be in their State, the secretary of + Congress wrote them on a piece of paper, calculated the portion of two + millions of dollars, to be paid by each, and entered the sum only in the + journals. The members, however, for their own satisfaction, and the + information of their States, took copies of this enumeration, and sent + them to their States. From thence, they got into the public papers: and + when the English news-writers found it answer their purpose to compare + this with the enumeration of 1783, as their principle is ‘to lie boldly, + that they may not be suspected of lying,’ they made it amount to three + millions one hundred and thirty-seven thousand eight hundred and nine, and + ascribed its publication to Congress itself. + </p> + <p> + in April, 1785, Congress being to call on the States to raise a million + and a half of dollars annually, for twenty-five years, it was necessary to + apportion this among them. The States had never furnished them with their + exact numbers. It was agreed, too, that in this apportionment, five slaves + should be counted as three freemen only. The preparation of this business + was in the hands of a committee; they applied to the members for the best + information they could give them, of the numbers of their States. Some of + the States had taken pains to discover their numbers. Others had done + nothing in that way, and, of course, were now where they were in 1775, + when their members were first called on to declare their numbers. Under + these circumstances, and on the principle of counting three fifths only of + the slaves, the committee apportioned the money among the States, and + reported their work to Congress. In this, they had assessed South Carolina + as having one hundred and seventy thousand inhabitants. The delegates for + that State, however, prevailed on Congress to assess them on the footing + of one hundred and fifty thousand only, in consideration of the state of + total devastation, in which the enemy had left their country. The + difference was then laid on the other States, and the following was the + result. + </p> + <p> + <a name="linkimage-0036" id="linkimage-0036"> + <!-- IMG --></a> + </p> + <div class="fig" style="width:80%"> + <img src="images/page424.jpg" alt="Population Estimates--1785, Page424 " width="100%" /><br /> + </div> + <p> + Still, however, Congress refused to give the enumeration the sanction of a + place on their journals, because it was not formed on such evidence, as a + strict attention to accuracy and truth required. They used it from + necessity, because they could get no better rule, and they entered on + their journals only the apportionment of money. The members, however, as + before, took copies of the enumeration, which was the ground work of the + apportionment, sent them to their States, and thus, this second + enumeration got into the public papers, and was, by the English, ascribed + to Congress, as their declaration of their present numbers. To get at the + real numbers which this enumeration supposes, we must add twenty thousand + to the number, on which South Carolina was quotaed; we must consider, that + seven hundred thousand slaves are counted but as four hundred and twenty + thousand persons, and add, on that account, two hundred and eighty + thousand. This will give us a total of two millions six hundred and + thirty-nine thousand three hundred inhabitants, of every condition, in the + thirteen States; being two hundred and twenty-one thousand three hundred + more, than the enumeration of 1775, instead of seven hundred and + ninety-eight thousand five hundred and nine less, which the English papers + asserted to be the diminution of numbers, in the United States, according + to the confession of Congress themselves. + </p> + <p> + Page 272.‘<i>Comportera, peut être, une population de 30,000,000</i>.’ The + territory of the United States contains about a million of square miles, + English. There is, in them, a greater proportion of fertile lands, than in + the British dominions in Europe. Suppose the territory of the United + States, then, to attain an equal degree of population, with the British + European dominions; they will have an hundred millions of inhabitants. Let + us extend our views to what may be the population of the two continents of + North and South America, supposing them divided at the narrowest part of + the isthmus of Panama. Between this line and that of 50° of north + latitude, the northern continent contains about five millions of square + miles, and south of this line of division, the southern continent contains + about seven millions of square miles. I do not pass the 50th degree of + northern latitude in my reckoning, because we must draw a line somewhere, + and considering the soil and climate beyond that, I would only avail my + calculation of it, as a make-weight, to make good what the colder regions, + within that line, may be supposed to fall short in their future + population. Here are twelve millions of square miles, then, which, at the + rate of population before assumed, will nourish twelve hundred millions of + inhabitants, a number greater than the present population of the whole + globe is supposed to amount to. If those who propose medals for the + resolution of questions, about which nobody makes any question, those who + have invited discussion on the pretended problem, Whether the discovery of + America was for the good of mankind? if they, I say, would have viewed it + only as doubling the numbers of mankind, and, of course, the quantum of + existence and happiness, they might have saved the money and the + reputation which their proposition has cost them. The present population + of the inhabited parts of the United States is of about ten to the square + mile; and experience has shown us, that wherever we reach that, the + inhabitants become uneasy, as too much compressed, and go off, in great + numbers, to search for vacant country. Within forty years, their whole + territory will be peopled at that rate. We may fix that, then, as the + term, beyond which the people of those States will not be restrained + within their present limits; we may fix that population, too, as the limit + which they will not exceed, till the whole of those two continents are + filled up to that mark; that is to say, till they shall contain one + hundred and twenty millions of inhabitants. The soil of the country, on + the western side of the Mississippi, its climate, and its vicinity to the + United States, point it out as the first which will receive population + from that nest. The present occupiers will just have force enough to + repress and restrain the emigrations, to a certain degree of consistence. + We have seen, lately, a single person go, and decide on a settlement in + Kentucky, many hundred miles from any white inhabitant, remove thither + with his family and a few neighbors, and though perpetually harassed by + the Indians, that settlement in the course of ten years has acquired + thirty thousand inhabitants; its numbers are increasing while we are + writing, and the State, of which it formerly made a part, has offered it + independence. + </p> + <p> + Page 280, line five. ‘<i>Huit des onze Etats</i>,’ &c. Say, ‘there + were ten States present; six voted unanimously for it, three against it, + and one was divided: and seven votes being requisite to decide the + proposition affirmatively, it was lost. The voice of a single individual + of the State which was divided, or of one of those which were of the + negative, would have prevented this abominable crime from spreading itself + over the new country. Thus we see the fate of millions unborn, hanging on + the tongue of one man, and Heaven was silent in that awful moment! But it + is to be hoped it will not always be silent, and that the friends to the + rights of human nature will, in the end, prevail. + </p> + <p> + On the 16th of March, 1785, it was moved in Congress, that the same + proposition should be referred to a committee, and it was referred by the + votes of eight States against three. We do not hear that any thing further + is yet done on it.’ + </p> + <p> + Page 286. ‘<i>L’autorité du Congrès étoit nécessaire</i>.’ The substance + of the passage alluded to, in the journal of Congress, May the 26th, 1784, + is, ‘That the authority of Congress to make requisitions of troops, during + peace, is questioned; that such an authority would be dangerous, combined + with the acknowledged one of emitting or of borrowing money; and that a + few troops only, being wanted, to guard magazines and garrison the + frontier posts, it would be more proper, at present, to recommend than to + require.’ + </p> + <hr /> + <p> + Mr. Jefferson presents his compliments to M. de Meusnier, and sends him + copies of the thirteenth, twenty-third, and twenty-fourth articles of the + treaty between the King of Prussia and the United States. + </p> + <p> + If M. de Meusnier proposes to mention the facts of cruelty, of which he + and Mr Jefferson spoke yesterday, the twenty-fourth article will introduce + them properly, because they produced a sense of the necessity of that + article. These facts are, 1. The death of upwards of eleven thousand + American prisoners, in one prison-ship (the Jersey), and in the space of + three years. 2. General Howe’s permitting our prisoners, taken at the + battle of Germantown, and placed under a guard, in the yard of the + State-house of Philadelphia, to be so long without any food furnished + them, that many perished with hunger. Where the bodies lay, it was seen + that they had eaten all the grass around them, within their reach, after + they had lost the power of rising or moving from their place. 3. The + second fact was the act of a commanding officer: the first, of several + commanding officers, and, for so long a time, as must suppose the + approbation of government. But the following was the act of government + itself. During the periods that our affairs seemed unfavorable, and theirs + successful, that is to say, after the evacuation of New York, and again + after the taking of Charleston, in South Carolina, they regularly sent our + prisoners, taken on the seas and carried to England, to the East Indies. + This is so certain, that in the month of November or December, 1785, Mr. + Adams having officially demanded a delivery of the American prisoners sent + to the East Indies, Lord Caermarthen answered, officially, ‘that orders + were immediately issued for their discharge.’ M. de Meusnier is at liberty + to quote this fact. 4. A fact, to be ascribed not only to the government, + but to the parliament, who passed an act for that purpose, in the + beginning of the war, was the obliging our prisoners, taken at sea, to + join them, and fight against their countrymen. This they effected by + starving and whipping them. The insult on Captain Stanhope, which happened + at Boston last year, was a consequence of this. Two persons, Dunbar and + Lowthorp, whom Stanhope had treated in this manner (having particularly + inflicted twenty-four lashes on Dunbar), meeting him at Boston, attempted + to beat him. But the people interposed, and saved him. The fact is + referred to in that paragraph of the Declaration of Independence, which + says, ‘He has constrained our fellow citizens, taken captive on the high + seas, to bear arms against their country, to become the executioners of + their friends and brethren, or to fall themselves by their hands.’ This + was the most afflicting to our prisoners, of all the cruelties exercised + on them. The others affected the body only, but this the mind; they were + haunted by the horror of having, perhaps, themselves shot the ball by + which a father or a brother fell. Some of them had constancy enough to + hold out against half-allowance of food and repeated whippings. These were + generally sent to England, and from thence to the East Indies. One of them + escaped from the East Indies, and got back to Paris, where he gave an + account of his sufferings to Mr. Adams, who happened to be then at Paris. + </p> + <p> + M. de Meusnier, where he mentions that the slave-law has been passed in + Virginia, without the clause of emancipation, is pleased to mention, that + neither Mr. Wythe nor Mr. Jefferson was present, to make the proposition + they had meditated; from which, people, who do not give themselves the + trouble to reflect or inquire, might conclude, hastily, that their absence + was the cause why the proposition was not made; and, of course, that there + were not, in the Assembly, persons of virtue and firmness enough to + propose the clause for emancipation. This supposition would not be true. + There were persons there, who wanted neither the virtue to propose, nor + talents to enforce the proposition, had they seen that the disposition of + the legislature was ripe for it. These worthy characters would feel + themselves wounded, degraded, and discouraged by this idea. Mr. Jefferson + would therefore be obliged to M. de Meusnier to mention it in some such + manner as this. ‘Of the two commissioners, who had concerted the + amendatory clause for the gradual emancipation of slaves, Mr. Wythe could + not be present, he being a member of the judiciary department, and Mr. + Jefferson was absent on the legation to France. But there were not wanting + in that Assembly, men of virtue enough to propose, and talents to + vindicate this clause. But they saw, that the moment of doing it with + success, was not yet arrived, and that an unsuccessful effort, as too + often happens, would only rivet still closer the chains of bondage, and + retard the moment of delivery to this oppressed description of men. What a + stupendous, what an incomprehensible machine is man! who can endure toil, + famine, stripes, imprisonment, and death itself, in vindication of his own + liberty, and, the next moment, be deaf to all those motives whose power + supported him through his trial, and inflict on his fellow men a bondage, + one hour of which is fraught with more misery, than ages of that which he + rose in rebellion to oppose! But we must await, with patience, the + workings of an overruling Providence, and hope that that is preparing the + deliverance of these our suffering brethren. When the measure of their + tears shall be full, when their groans shall have involved heaven itself + in darkness, doubtless, a God of justice will awaken to their distress, + and by diffusing light and liberality among their oppressors, or, at + length, by his exterminating thunder, manifest his attention to the things + of this world, and that they are not left to the guidance of a blind + fatality.’ + </p> +<pre xml:space="preserve"> + [The following are the articles of the treaty with Prussia, + referred to in the preceding observations.] +</pre> + <p> + Article 13. And in the same case, of one of the contracting parties being + engaged in war with any other power, to prevent all the difficulties and + misunderstandings, that usually arise respecting the merchandise + heretofore called contraband, such as arms, ammunition, and military + stores of every kind, no such articles, carried in the vessels, or by the + subjects or citizens of one of the parties, to the enemies of the other, + shall be deemed contraband, so as to induce confiscation or condemnation, + and a loss of property to individuals. Nevertheless, it shall be lawful to + stop such vessels and articles, and to detain them for such length of + time, as the captors may think necessary to prevent the inconvenience or + damage that might ensue from their proceeding, paying, however, a + reasonable compensation for the loss such arrest shall occasion to the + proprietors: and it shall further be allowed to use, in the service of the + captors, the whole or any part of the military stores so detained, paying + the owners the full value of the same, to be ascertained by the current + price at the place of its destination. But in the case supposed, of a + vessel stopped for articles heretofore deemed contraband, if the master of + the vessel stopped will deliver out the goods supposed to be of contraband + nature, he shall be admitted to do it, and the vessel shall not, in that + case be carried into any port, nor further detained, but shall be allowed + to proceed on her voyage. + </p> + <p> + Article 23. If war should arise between the two contracting parties, the + merchants of either country, then residing in the other, shall be allowed + to remain nine months to collect their debts, and settle their affairs, + and may depart freely, carrying off all their effects, without molestation + or hindrance: and all women and children, scholars of every faculty, + cultivators of the earth, artisans, manufacturers, and fishermen, unarmed, + and inhabiting unfortified towns, villages, or places, and, in general, + all others whose occupations are for the common subsistence and benefit of + mankind, shall be allowed to continue their respective employments, and + shall not be molested in their persons, nor shall their houses be burned + or otherwise destroyed, nor their fields wasted by the armed force of the + enemy, into whose power, by the events of war, they may happen to fall: + but if any thing is necessary to be taken from them, for the use of such + armed force, the same shall be paid for at a reasonable price. And all + merchant and trading vessels, employed in exchanging the products of + different places, and thereby rendering the necessaries, conveniences, and + comforts of human life more easy to be obtained, and more general, shall + be allowed to pass free and unmolested. And neither of the contracting + parties shall grant or issue any commission to any private armed vessels, + empowering them to take or destroy such trading vessels, or interrupt such + commerce. + </p> + <p> + Article 24. And to prevent the destruction of prisoners of war, by sending + them into distant and inclement countries, or by crowding them into close + and noxious places, the two contracting parties solemnly pledge themselves + to each other and the world, that they will not adopt any such practice: + that neither will send the prisoners whom they may take from the other, + into the East Indies or any other parts of Asia or Africa: but that they + shall be placed in some part of their dominions in Europe or America, in + wholesome situations; that they shall not be confined in dungeons, + prison-ships, nor prisons, nor be put into irons, nor bound, nor otherwise + restrained in the use of their limbs. That the officers shall be enlarged, + on their paroles, within convenient districts, and have comfortable + quarters, and the common men be disposed in cantonments, open and + extensive enough for air and exercise, and lodged in barracks as roomy and + good, as are provided by the party, in whose power they are, for their own + troops; that the officers shall be daily furnished by the party, in whose + power they are, with as many rations, and of the same articles and + quality, as are allowed by them, either in kind or by commutation, to + officers of equal rank in their own army; and all others shall be daily + furnished by them, with such rations as they allow to a common soldier in + their own service; the value whereof shall be paid by the other party, on + a mutual adjustment of accounts for the subsistence of prisoners, at the + close of the war: and the said accounts shall not be mingled with, or set + off against any others, nor the balances due on them, be withheld as a + satisfaction or reprisal for any other article, or for any other cause, + real or pretended, whatever. That each party shall be allowed to keep a + commissary of prisoners, of their own appointment, with every separate + cantonment of prisoners in possession of the other, which commissary shall + see the prisoners as often as he pleases, shall be allowed to receive and + distribute whatever comforts may be sent to them by their friends, and + shall be free to make his reports, in open letters, to those who employ + him. But if any officer shall break his parole, or any other prisoner + shall escape from the limits of his cantonment, after they shall have been + designated to him, such individual officer, or other prisoner, shall + forfeit so much of the benefit of this article, as provides for his + enlargement on parole or cantonment. And it is declared, that neither the + pretence that war dissolves all treaties, nor any other whatever, shall be + considered as annulling or suspending this, or the next preceding article, + but, on the contrary, that the state of war is precisely that for which + they are provided, and during which, they are to be as sacredly observed, + as the most acknowledged articles in the law of nature and nations. + </p> + <p> + <a name="link2H_4_0165" id="link2H_4_0165"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLII.—TO MR. RITTENHOUSE, January 25,1786 + </h2> + <p> + TO MR. RITTENHOUSE. + </p> + <p> + Paris, January 25,1786. + </p> + <p> + Dear Sir, + </p> + <p> + Your favor of September the 28th came to hand a few days ago. I thank you + for the details on the subject of the southern and western lines. There + remains thereon, one article, however, which I will still beg you to + inform me of; viz. how far is the western boundary beyond the meridian of + Pittsburg? This information is necessary, to enable me to trace that + boundary in my map. I shall be much gratified, also, with a communication + of your observations on the curiosities of the western country. It will + not be difficult to induce me to give up the theory of the growth of + shells, without their being the nidus of animals. It is only an idea, and + not an opinion with me. In the Notes, with which I troubled you, I had + observed that there were three opinions as to the origin of these shells. + 1. That they have been deposited even in the highest mountains, by an + universal deluge. 2. That they, with all the calcareous stones and earths, + are animal remains. 3. That they grow or shoot as crystals do. I find that + I could swallow the last opinion, sooner than either of the others; but I + have not yet swallowed it. Another opinion might have been added, that + some throe of nature has forced up parts which had been the bed of the + ocean. But have we any better proof of such an effort of nature, than of + her shooting a lapidific juice into the form of a shell? No such + convulsion has taken place in our time, nor within the annals of history: + nor is the distance greater, between the shooting of the lapidific juice + into the form of a crystal or a diamond, which we see, and into the form + of a shell, which we do not see, than between the forcing volcanic matter + a little above the surface, where it is in fusion, which we see, and the + forcing the bed of the sea fifteen thousand feet above the ordinary + surface of the earth, which we do not see. It is not possible to believe + any of these hypotheses; and if we lean towards any of them, it should be + only till some other is produced, more analogous to the known operations + of nature. In a letter to Mr. Hopkinson, I mentioned to him that the Abbe + Rochon, who discovered the double refracting power in some of the natural + crystals, had lately made a telescope with the metal called platina, + which, while it is as susceptible of as perfect a polish as the metal + heretofore used for the specula of telescopes, is insusceptible of rust, + as gold and silver are. There is a person here, who has hit on a new + method of engraving. He gives you an ink of his composition. Write on + copper plates, any thing of which you would wish to take several copies, + and, in an hour, the plate will be ready to strike them off; so of plans, + engravings, &c. This art will be amusing to individuals, if he should + make it known. I send you herewith, the Nautical Almanacs for 1786, 1787, + 1788, 1789, 1790, which are as late as they are published. You ask, how + you may reimburse the expense of these trifles? I answer, by accepting + them; as the procuring you a gratification, is a higher one to me than + money. We have had nothing curious published lately. I do not know whether + you are fond of chemical reading. There are some things in this science + worth reading. I will send them to you, if you wish it. My daughter is + well, and joins me in respects to Mrs. Rittenhouse and the young ladies. + After asking when we are to have the Lunarium, I will close with + assurances of the sincere regard and esteem, with which I am, Dear Sir, + your most obedient, + </p> + <p> + humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0166" id="link2H_4_0166"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLIII.—TO A. STEWART, January 25, 1786 + </h2> + <p> + TO A. STEWART. + </p> + <p> + Paris, January 25, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + I have received your favor of the 17th of October, which, though you + mention it as the third you have written me, is the first that has come to + hand. I sincerely thank you for the communications it contains. Nothing is + so grateful to me, at this distance, as details, both great and small, of + what is passing in my own country. Of the latter, we receive little here, + because they either escape my correspondents, or are thought unworthy of + notice. This, however, is a very mistaken opinion, as every one may + observe, by recollecting, that when he has been long absent from his + neighborhood, the small news of that is the most pleasing, and occupies + his first attention, either when he meets with a person from thence, or + returns thither himself. I still hope, therefore, that the letter, in + which you have been so good as to give me the minute occurrences in the + neighborhood of Monticello, may yet come to hand, and I venture to rely on + the many proofs of friendship I have received from you for a continuance + of your favors. This will be the more meritorious, as I have nothing to + give you in exchange. + </p> + <p> + The quiet of Europe at this moment furnishes little which can attract your + notice. Nor will that quiet be soon disturbed, at least for the current + year. Perhaps it hangs on the life of the King of Prussia, and that hangs + by a very slender thread. American reputation in Europe is not such as to + be flattering to its citizens. Two circumstances are particularly objected + to us; the nonpayment of our debts, and the want of energy in our + government. These discourage a connection with us. I own it to be my + opinion, that good will arise from the destruction of our credit. I see + nothing else which can restrain our disposition to luxury, and to the + change of those manners, which alone can preserve republican government. + As it is impossible to prevent credit, the best way would be to cure its + ill effects by giving an instantaneous recovery to the creditor. This + would be reducing purchases on credit to purchases for ready money. A man + would then see a prison painted on every thing he wished, but had not + ready money to pay for. + </p> + <p> + I fear from an expression in your letter, that the people of Kentucky + think of separating, not only from Virginia (in which they are right), but + also from the confederacy. I own, I should think this a most calamitous + event, and such a one as every good citizen should set himself against. + Our present federal limits are not too large for good government, nor will + the increase of votes in Congress produce any ill effect. On the contrary, + it will drown the little divisions at present existing there. Our + confederacy must be viewed as the nest from which all America, North and + South, is to be peopled. We should take care, too, not to think it for the + interest of that great continent to press too soon on the Spaniards. Those + countries cannot be in better hands. My fear is, that they are too feeble + to hold them till our population can be sufficiently advanced to gain it + from them piece by piece. The navigation of the Mississippi we must have. + This is all we are, as yet, ready to receive. I have made acquaintance + with a very sensible, candid gentleman here, who was in South America + during the revolt which took place there while our Revolution was going + on. He says, that those disturbances (of which we scarcely heard any + thing) cost, on both sides, an hundred thousand lives. + </p> + <p> + I have made a particular acquaintance here with Monsieur de Buffon, and + have a great desire to give him the best idea I can of our elk. Perhaps + your situation may enable you to aid me in this. You could not oblige me + more, than by sending me the horns, skeleton, and skin of an elk, were it + possible to procure them. The most desirable form of receiving them would + be to have the skin slit from the under jaw along the belly to the tail, + and down the thighs to the knee, to take the animal out, leaving the legs + and hoofs, the bones of the head, and the horns attached to the skin. By + sewing-up the belly, &c. and stuffing the skin, it would present the + form of the animal. However, as an opportunity of doing this is scarcely + to be expected, I shall be glad to receive them detached, packed in a box + and sent to Richmond, to the care of Dr. Currie. Every thing of this kind + is precious here. And to prevent my adding to your trouble, I must close + my letter with assurances of the esteem and attachment, with which I am, + Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0167" id="link2H_4_0167"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLIV.—TO THE COMMISSIONERS OF THE TREASURY, January 26, 1786 + </h2> + <p> + TO THE COMMISSIONERS OF THE TREASURY. + </p> + <p> + Paris, January 26, 1786. + </p> + <p> + Gentlemen, + </p> + <p> + I have been duly honored by the receipt of your letter of December the + 6th, and am to thank you for the communications it contained on the state + of our funds and expectations here. Your idea, that these communications, + occasionally, may be useful to the United States, is certainly just, as I + am frequently obliged to explain our prospects of paying interest, &c. + which I should better do with fuller information. If you would be so good + as to instruct Mr. Grand, always to furnish me with a duplicate of those + cash accounts which he furnishes to you, from time to time, and if you + would be so good as to direct your secretary to send me copies of such + letters, as you transmit to Mr. Grand, advising him of the remittances he + may expect, from time to time. I should, thereby, be always informed of + the sum of money on hand here, and the probable expectations of supply. + Dr. Franklin, during his residence here, having been authorized to borrow + large sums of money, the disposal of that money seemed naturally to rest + with him. It was Mr. Grand’s practice, therefore, never to pay money, but + on his warrant. On his departure, Mr. Grand sent all money drafts to me, + to authorize their payment. I informed him, that this was in nowise within + my province; that I was unqualified to direct him in it, and that were I + to presume to meddle, it would be no additional sanction to him. He + refused, however, to pay a shilling without my order. I have been obliged, + therefore, to a nugatory interference, merely to prevent the affairs of + the United States from standing still. I need not represent to you the + impropriety of my continuing to direct Mr. Grand, longer than till we can + receive your orders, the mischief which might ensue from the uncertainty + in which this would place you, as to the extent to which you might venture + to draw on your funds here, and the little necessity there is for my + interference. Whenever you order a sum of money into Mr. Grand’s hands, + nothing will be more natural than your instructing him how to apply it, so + as that he shall observe your instructions alone. Among these, you would + doubtless judge it necessary to give him one standing instruction, to + answer my drafts for such sums, as my office authorizes me to call for. + These would be salary, couriers, postage, and such other articles as + circumstances will require, which cannot be previously defined. These will + never be so considerable as to endanger the honor of your drafts. I shall + certainly exercise in them the greatest caution, and stand responsible to + Congress. + </p> + <p> + Mr. Grand conceives that he has suffered in your opinion, by an + application of two hundred thousand livres, during the last year, + differently from what the office of finance had instructed him. This was a + consequence of his being thought subject to direction here, and it is but + justice to relieve him from blame on that account, and to show that it + ought to fall, if any where, on Dr. Franklin, Mr. Adams, and myself. The + case was thus. The monies here were exhausted, Mr. Grand was in advance + about fifty thousand livres, and the diplomatic establishments in France, + Spain, and Holland, subsisting on his bounties, which they were subject to + see stopped every moment, and feared a protest on every bill. Other + current expenses, too, were depending on advances from him, and though + these were small in their amount, they sometimes involved great + consequences. In this situation, he received four hundred thousand livres, + to be paid to this government for one year’s interest. We thought the + honor of the United States would suffer less by suspending half the + payment to this government, replacing Mr. Grand’s advances, and providing + a fund for current expenses. We advised him so to do. I still think it was + for the best, and I believe my colleagues have continued to see the matter + in the same point of view. We may have been biassed by feelings excited by + our own distressing situation. But certainly, as to Mr. Grand, no blame + belongs to him. We explained this matter in a letter to Congress, at the + time, and justice requires this explanation to you, as I conjecture that + the former one has not come to your knowledge. + </p> + <p> + The two hundred thousand livres retained, as before mentioned, have been + applied to the purposes described, to the payment of a year’s interest to + the French officers (which is about forty-two thousand livres), and other + current expenses, which, doubtless, Mr. Grand has explained to you. About + a week ago, there remained in his hands but about twelve thousand livres. + In this situation, the demands of the French officers for a second year’s + interest were presented. But Mr. Grand observed there were neither money + nor orders for them. The payment of these gentlemen, the last year, had + the happiest effect imaginable; it procured so many advocates for the + credit and honor of the United States, who were heard, in all companies. + It corrected the idea that we were unwilling to pay our debts. I fear that + our present failure towards them will give new birth to new imputations, + and a relapse of credit. Under this fear I have written to Mr. Adams, to + know whether he can have this money supplied from the funds in Holland; + though I have little hope from that quarter, because he had before + informed me, that those funds would be exhausted by the spring of the + present year, and I doubt, too, whether he would venture to order these + payments, without authority from you. I have thought it my duty to state + these matters to you. + </p> + <p> + I have had the honor of enclosing to Mr. Jay, Commodore Jones’s receipts + for one hundred and eighty-one thousand and thirty-nine livres, one sol + and ten deniers, prize-money, which (after deducting his own proportion) + he is to remit to you, for the officers and soldiers who were under his + command. I take the liberty of suggesting, whether the expense and risk of + double remittances might not be saved, by ordering it into the hands of + Mr. Grand immediately, for the purposes of the treasury in Europe, while + you could make provision at home for the officers and soldiers, whose + demands will come in so slowly, as to leave you the use of a great + proportion of this money for a considerable time, and some of it for ever. + We could then, immediately, quiet the French officers. + </p> + <p> + I have the honor to be, with the most perfect respect and esteem, + Gentlemen, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0168" id="link2H_4_0168"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLV.—TO MESSRS. BUCHANAN AND HAY, January 26, 1786 + </h2> + <p> + TO MESSRS. BUCHANAN AND HAY. + </p> + <p> + Paris, January 26, 1786. + </p> + <p> + Gentlemen, + </p> + <p> + I had the honor of writing to you on the receipt of your orders to procure + draughts for the public buildings, and again on the 13th of August. In the + execution of these orders, two methods of proceeding presented themselves + to my mind. The one was, to leave to some architect to draw an external + according to his fancy, in which way, experience shows, that about once in + a thousand times a pleasing form is hit upon; the other was, to take some + model already devised, and approved by the general suffrage of the world. + I had no hesitation in deciding that the latter was best, nor after the + decision, was there any doubt what model to take, There is at Nismes, in + the south of France, a building, called the <i>Maison Quarrée</i>, erected + in the time of the Cæsars, and which is allowed, without contradiction, to + be the most perfect and precious remain of antiquity in existence. Its + superiority over any thing at Rome, in Greece, at Balbec, or Palmyra, is + allowed on all hands; and this single object has placed Nismes in the + general tour of travellers. Having not yet had leisure to visit it, I + could only judge of it from drawings, and from the relation of numbers who + had been to see it. I determined, therefore, to adopt this model, and to + have all its proportions justly observed. As it was impossible for a + foreign artist to know what number and sizes of apartments would suit the + different corps of our government, nor how they should be connected with + one another, I undertook to form that arrangement, and this being done, I + committed them to an architect (Monsieur Clerissauk), who had studied this + art twenty years in Rome, who had particularly studied and measured the <i>Maison + Quarrée</i> of Nismes, and had published a book containing most excellent + plans, descriptions, and observations on it. He was too well acquainted + with the merit of that building, to find himself restrained by my + injunctions not to depart from his model. In one instance, only, he + persuaded me to admit of this. That was, to make the portico two columns + deep only, instead of three, as the original is. His reason was, that this + latter depth would too much darken the apartments. Economy might be added, + as a second reason. I consented to it, to satisfy him, and the plans are + so drawn. I knew that it would still be easy to execute the building with + a depth of three columns, and it is what I would certainly recommend. We + know that the Maison Quarrée has pleased, universally, for near two + thousand years. By leaving out a column, the proportions will be changed, + and perhaps the effect may be injured more than is expected. What is good, + is often spoiled by trying to make it better. + </p> + <p> + The present is the first opportunity which has occurred of sending the + plans. You will, accordingly, receive herewith the ground plan, the + elevation of the front, and the elevation of the side. The architect + having been much busied, and knowing that this was all which would be + necessary in the beginning, has not yet finished the sections of the + building. They must go by some future occasion, as well as the models of + the front and side, which are making in plaster of Paris. These were + absolutely necessary for the guide of workmen, not very expert in their + art. It will add considerably to the expense, and I would not have + incurred it, but that I was sensible of its necessity. The price of the + model will be fifteen guineas. 1 shall know, in a few days, the cost of + the drawings, which probably will be the triple of the model: however, + this is but conjecture. I will make it as small as possible, pay it, and + render you an account in my next letter. You will find, on examination, + that the body of this building covers an area but two fifths of that which + is proposed and begun; of course, it will take but about one half the + bricks; and, of course, this circumstance will enlist all the workmen, and + people of the art, against the plan. Again, the building begun is to have + four porticoes; this but one. It is true that this will be deeper than + those were probably proposed, but even if it be made three columns deep, + it will not take half the number of columns. The beauty of this is insured + by experience, and by the suffrage of the whole world: the beauty of that + is problematical, as is every drawing, however well it looks on paper, + till it be actually executed: and though I suppose there is more room in + the plan begun, than in that now sent, yet there is enough in this for all + the three branches of government, and more than enough is not wanted. This + contains sixteen rooms; to wit, four on the first floor, for the General + Court, Delegates, lobby, and conference. Eight on the second floor, for + the Executive, the Senate, and six rooms for committees and juries: and + over four of these smaller rooms of the second floor, are four mezzininos + or entresols, serving as offices for the clerks of the Executive, the + Senate, the Delegates, and the Court in actual session. It will be an + objection, that the work is begun on the other plan. But the whole of this + need not be taken to pieces, and of what shall be taken to pieces, the + bricks will do for inner work. Mortar never becomes so hard and adhesive + to the bricks, in a few months, but that it may be easily chipped off. And + upon the whole, the plan now sent will save a great proportion of the + expense. + </p> + <p> + Hitherto, I have spoken of the capital only. The plans for the prison, + also, accompany this. They will explain themselves. I send, also, the plan + of the prison proposed at Lyons, which was sent me by the architect, and + to which we are indebted for the fundamental idea of ours. You will see, + that of a great thing a very small one is made. Perhaps you may find it + convenient to build, at first, only two sides, forming an L; but of this, + you are the best judges. It has been suggested to me, that fine gravel, + mixed in the mortar, prevents the prisoners from cutting themselves out, + as that will destroy their tools. In my letter of August the 13th, I + mentioned that I could send workmen from hence. As I am in hopes of + receiving your orders precisely, in answer to that letter, I shall defer + actually engaging any, till I receive them. In like manner, I shall defer + having plans drawn for a Governor’s house, &c, till further orders; + only assuring you, that the receiving and executing these orders, will + always give me a very great pleasure, and the more, should I find that + what I have done meets your approbation. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem, + Gentlemen, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0169" id="link2H_4_0169"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLVI.—TO JOHN ADAMS, February 7, 1786 + </h2> + <p> + TO JOHN ADAMS. + </p> + <p> + Paris, February 7, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + I am honored with yours of January the 19th. Mine of January the 12th, had + not, I suppose, at that time got to your hands, as the receipt of it is + unacknowledged. I shall be anxious till I receive your answer to it. + </p> + <p> + I was perfectly satisfied before I received your letter, that your opinion + had been misunderstood or misrepresented in the case of the Chevalier de + Mezieres. Your letter, however, will enable me to say so with authority. + It is proper it should be known, that you had not given the opinion + imputed to you, though, as to the main question, it is become useless; + Monsieur de Reyneval having assured me, that what I had written on that + subject had perfectly satisfied the Count de Vergennes and himself, that + this case could never come under the treaty. To evince, still further, the + impropriety of taking up subjects gravely, on such imperfect information + as this court had, I have this moment received a copy of an act of the + Georgia Assembly, placing the subjects of France, as to real estates, on + the footing of natural citizens, and expressly recognising the treaty. + Would you think any thing could be added, after this, to put this question + still further out of doors? A gentleman of Georgia assured me, General + Oglethorpe did not own a foot of land in the State. I do not know whether + there has been any American determination on the question, whether + American citizens and British subjects, born before the Revolution, can be + aliens to one another. I know there is an opinion of Lord Coke’s, in + Colvin’s case, that if England and Scotland should, in a course of + descent, pass to separate Kings, those born under the same sovereign + during the union, would remain natural subjects and not aliens. Common + sense urges some considerations against this. Natural subjects owe + allegiance; but we owe none. Aliens are the subjects of a foreign power; + we are subjects of a foreign power. The King, by the treaty, acknowledges + our independence; how then can we remain natural subjects? The King’s + power is, by the constitution, competent to the making peace, war, and + treaties. He had, therefore, authority to relinquish our allegiance by + treaty. But if an act of parliament had been necessary, the parliament + passed an act to confirm the treaty. So that it appears to me, that in + this question, fictions of law alone are opposed to sound sense. + </p> + <p> + I am in hopes Congress will send a minister to Lisbon. I know no country, + with which we are likely to cultivate a more useful commerce. I have + pressed this in my private letters. + </p> + <p> + It is difficult to learn any thing certain here, about the French and + English treaty. Yet, in general, little is expected to be done between + them. I am glad to hear that the Delegates of Virginia had made the vote + relative to English commerce, though they afterwards repealed it. I hope + they will come to again. When my last letters came away, they were engaged + in passing the revisal of their laws, with some small alterations. The + bearer of this, Mr. Lyons, is a sensible, worthy young physician, son of + one of our judges, and on his return to Virginia. Remember me with + affection to Mrs. and Miss Adams, Colonels Smith and Humphreys, and be + assured of the esteem with which I am, Dear Sir, + </p> + <p> + your friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0170" id="link2H_4_0170"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLVII.—TO JAMES MADISON, February 8, 1786 + </h2> + <h3> + TO JAMES MADISON. + </h3> + <p> + Paris, February 8, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + My last letters were of the 1st and 20th of September, and the 28th of + October. Yours, unacknowledged, are of August the 20th, October the 3rd, + and November the 15th. I take this, the first safe opportunity, of + enclosing to you the bills of lading for your books, and two others for + your namesake of Williamsburg, and for the attorney, which I will pray you + to forward. I thank you for the communication of the remonstrance against + the assessment. Mazzei, who is now in Holland, promised me to have it + published in the Leyden gazette. It will do us great honor. I wish it may + be as much approved by our Assembly, as by the wisest part of Europe. I + have heard, with great pleasure, that our Assembly have come to the + resolution, of giving the regulation of their commerce to the federal + head. I will venture to assert, that there is not one of its opposers, + who, placed on this ground, would not see the wisdom of this measure. The + politics of Europe render it indispensably necessary, that, with respect + to every thing external, we be one nation only, firmly hooped together. + Interior government is what each State should keep to itself. If it were + seen in Europe, that all our States could be brought to concur in what the + Virginia Assembly has done, it would produce a total revolution in their + opinion of us, and respect for us. And it should ever be held in mind, + that insult and war are the consequences of a want of respectability in + the national character. As long as the States exercise, separately, those + acts of power which respect foreign nations, so long will there continue + to be irregularities committed by some one or other of them, which will + constantly keep us on an ill footing with foreign nations. + </p> + <p> + I thank you for your information as to my Notes. The copies I have + remaining shall be sent over, to be given to some of my friends and to + select subjects in the College. I have been unfortunate here with this + trifle. I gave out a few copies only, and to confidential persons, writing + in every copy a restraint against its publication. Among others, I gave a + copy to a Mr. Williams: he died. I immediately took every precaution I + could to recover this copy. But, by some means or other, a bookseller had + got hold of it. He employed a hireling translator, and is about publishing + it in the most injurious form possible. I am now at a loss what to do as + to England. Every thing, good or bad, is thought worth publishing there; + and I apprehend a translation back from the French, and a publication + there. I rather believe it will be most eligible to let the original come + out in that country: but am not yet decided. + </p> + <p> + I have purchased little for you in the book way since I sent the catalogue + of my former purchases. I wish, first, to have your answer to that, and + your information, what parts of these purchases went out of your plan. You + can easily say, Buy more of this kind, less of that, &c. My wish is to + conform myself to yours. I can get for you the original Paris edition of + the Encyclopédie, in thirty-five volumes, folio, for six hundred and + twenty livres; a good edition, in thirty-nine volumes, 4to, for three + hundred and eighty livres; and a good one, in thirty-nine volumes, 8vo, + for two hundred and eighty livres. The new one will be superior in far the + greater number of articles; but not in all. And the possession of the + ancient one has, moreover, the advantage of supplying present use. I have + bought one for myself, but wait your orders as to you. I remember your + purchase of a watch in Philadelphia. If it should not have proved good, + you can probably sell it. In that case, I can get for you here, one made + as perfect as human art can make it, for about twenty-four louis. I have + had such a one made, by the best and most faithful hand in Paris. It has a + second hand, but no repeating, no day of the month, nor other useless + thing to impede and injure the movements which are necessary. For twelve + louis more, you can have in the same cover, but on the back, and + absolutely unconnected with the movements of the watch, a pedometer, which + shall render you an exact account of the distances you walk. Your pleasure + hereon shall be awaited. + </p> + <p> + Houdon has returned. He called on me, the other day, to remonstrate + against the inscription proposed for General Washington’s statue. He says + it is too long to be put on the pedestal. I told him, I was not at liberty + to permit any alteration, but I would represent his objection to a friend, + who could judge of its validity, and whether a change could be authorized. + This has been the subject of conversations here, and various devices and + inscriptions have been suggested. The one which has appeared best to me, + may be translated as follows: ‘Behold, Reader, the form of George + Washington. For his worth, ask History; that will tell it, when this stone + shall have yielded to the decays of time. His country erects this + monument.’ Houdon makes it.‘This for one side. On the second, represent + the evacuation of Boston, with the motto, ‘Hostibus primum fugatis.’ On + the third, the capture of the Hessians, with ‘Hostibus iterum devictis.’ + On the fourth, the surrender of York, with ‘Hostibus ultimum debellatis.’ + This is seizing the three most brilliant actions of his military life. By + giving out, here, a wish of receiving mottos for this statue, we might + have thousands offered, from which still better might be chosen. The + artist made the same objection, of length, to the inscription for the bust + of the Marquis de la Fayette. An alteration of that might come in time + still, if an alteration was wished. However, I am not certain that it is + desirable in either case. The State of Georgia has given twenty thousand + acres of land, to the Count d’Estaing. This gift is considered here as + very honorable to him, and it has gratified him much. I am persuaded, that + a gift of lands by the State of Virginia to the Marquis de la Fayette, + would give a good opinion here of our character, and would reflect honor + on the Marquis. Nor am I sure that the day will not come, when it might be + an useful asylum to him. The time of life at which he visited America was + too well adapted to receive good and lasting impressions, to permit him + ever to accommodate himself to the principles of monarchical government; + and it will need all his own prudence, and that of his friends, to make + this country a safe residence for him. How glorious, how comfortable in + reflection, will it be, to have prepared a refuge for him in case of a + reverse. In the mean time, he could settle it with tenants from the freest + part of this country, Bretaigne. I have never suggested the smallest idea + of this kind to him: because the execution of it should convey the first + notice. If the State has not a right to give him lands with their own + officers, they could buy up, at cheap prices, the shares of others. I am + not certain, however, whether, in the public or private opinion, a similar + gift to Count Rochambeau could be dispensed with. If the State could give + to both, it would be better: but, in any event, I think they should to the + Marquis. Count Rochambeau, too, has really deserved more attention than he + has received. Why not set up his bust, that of Gates, Greene, Franklin, in + your new capitol? <i>A propos</i> of the capital. Do, my dear friend, + exert yourself to get the plan begun on set aside, and that adopted, which + was drawn here. It was taken from a model which has been the admiration of + sixteen centuries; which has been the object of as many pilgrimages as the + tomb of Mahomet; which will give unrivalled honor to our State, and + furnish a model whereon to form the taste of our young men. It will cost + much less too, than the one begun; because it does not cover one half of + the area. Ask, if you please, a sight of my letter of January the 26th, to + Messrs. Buchanan and Hay, which will spare me the repeating its substance + here. + </p> + <p> + Every thing is quiet in Europe. I recollect but one new invention in the + arts which is worth mentioning. It is a mixture of the arts of engraving + and printing, rendering both cheaper. Write or draw any thing on a plate + of brass, with the ink of the inventor, and, in half an hour, he gives you + engraved copies of it, so perfectly like the original, that they could not + be suspected to be copies. His types for printing a whole page, are all in + one solid piece. An author, therefore, only prints a few copies of his + work, from time to time, as they are called for. This saves the loss of + printing more copies than may possibly be sold, and prevents an edition + from being ever exhausted. + </p> + <p> + I am, with a lively esteem, Dear Sir, + </p> + <p> + your sincere friend and servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0171" id="link2H_4_0171"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLVIII.—TO THE MARQUIS DE LA FAYETTE, February 9, 1786 + </h2> + <p> + TO THE MARQUIS DE LA FAYETTE. + </p> + <p> + Paris, February 9, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + The Mr. John Ledyard, who proposes to undertake the journey through the + northern parts of Asia and America, is a citizen of Connecticut, one of + the United States of America. He accompanied Captain Cook in his last + voyage to the northwestern parts of America, and rendered himself useful + to that officer, on some occasions, by a spirit of enterprise which has + distinguished his whole life. He has genius, and education better than the + common, and a talent for useful and interesting observation. I believe him + to be an honest man, and a man of truth. To all this, he adds just as much + singularity of character, and of that particular kind too, as was + necessary to make him undertake the journey he proposes. Should he get + safe through it, I think he will give an interesting account of what he + shall have seen. + </p> + <p> + I have the honor to be, with sentiments of sincere esteem and respect, + Dear Sir, + </p> + <p> + your most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0172" id="link2H_4_0172"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLIX.—TO MONSIEUR HILLIARD d’AUBERTEUIL, Feb. 20, 1786 + </h2> + <p> + TO MONSIEUR HILLIARD d’AUBERTEUIL. + </p> + <p> + Paris, February 20, 1786. + </p> + <p> + Sir, + </p> + <p> + I have been honored with your letter, and the books which accompanied it, + for which I return you my hearty thanks. America cannot but be flattered + with the choice of the subject, on which you are at present employing your + pen. The memory of the American Revolution will be immortal, and will + immortalize those who record it. The reward is encouraging, and will + justify all those pains, which a rigorous investigation of facts will + render necessary. Many important facts, which preceded the commencement of + hostilities, took place in England. These may mostly be obtained from good + publications in that country. Some took place in this country. They will + be probably hidden from the present age. But America is the field where + the greatest mass of important events were transacted, and where, alone, + they can now be collected. I therefore much applaud your idea of going to + that country, for the verification of the facts you mean to record. Every + man there can tell you more than any man here, who has not been there: and + the very ground itself will give you new insight into some of the most + interesting transactions. If I can be of service to you, in promoting your + object there, I offer myself freely to your use. I shall be flattered by + the honor of your visit here, at any time. I am seldom from home before + noon; but if any later hour should suit you better, I will take care to be + at home, at any hour and day, you will be pleased to indicate. + </p> + <p> + I have the honor to be, with great respect, Sir, + </p> + <p> + your most obedient, humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0173" id="link2H_4_0173"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLX.—TO THE COUNT DE VERGENNES, February 28,1786 + </h2> + <p> + TO THE COUNT DE VERGENNES. + </p> + <p> + Paris, February 28,1786. + </p> + <p> + Sir, + </p> + <p> + Circumstances of public duty calling me suddenly to London, I take the + liberty of mentioning it to your Excellency, and of asking a few minutes’ + audience of you, at as early a day and hour as will be convenient to you, + and that you will be so good as to indicate them to me. I would wish to + leave Paris about Friday or Saturday, and suppose that my stay in London + will be of about three weeks. I shall be happy to be the bearer of any + commands your Excellency may have for that place, and will faithfully + execute them. I cannot omit mentioning, how pleasing it would be to me to + be enabled, before my departure, to convey to the American prisoners at + St. Pol de Léon such mitigation of their fate, as may be thought + admissible. + </p> + <p> + I have the honor to be, with sentiments of the highest respect and esteem, + your Excellency’s + </p> + <p> + most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0174" id="link2H_4_0174"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXI.—TO MONSIEUR DE REYNEVAL, March 8, 1786 + </h2> + <p> + TO MONSIEUR DE REYNEVAL. + </p> + <p> + Paris, March 8, 1786. + </p> + <p> + Sir, + </p> + <p> + His Excellency, Count de Vergennes, having been pleased to say that he + would give orders at Calais, for the admission of certain articles which I + wish to bring with me from England, I have thought it best to give a + description of them, before my departure. They will be as follows: + </p> + <p> + 1. A set of table furniture, consisting of China, silver, and plated ware, + distributed into three or four boxes or canteens, for the convenience of + removing them. + </p> + <p> + 2. A box containing small tools for wooden and iron work, for my own + amusement. + </p> + <p> + 3. A box, probably, of books. + </p> + <p> + 4. I expect to bring with me a riding horse, saddle, &c. + </p> + <p> + The mathematical instruments will probably be so light that I may bring + them in my carriage, in which case, I presume they will pass with my + baggage, under the authority of the passport for my person. If these + orders can be made out in time, I would willingly be the bearer of them + myself. + </p> + <p> + I have the honor to be, with sentiments of the most perfect esteem and + respect, Sir, , + </p> + <p> + your most obedient servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0175" id="link2H_4_0175"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXII.—TO JOHN JAY, March 12, 1786 + </h2> + <p> + TO JOHN JAY. + </p> + <p> + London, March 12, 1786. + </p> + <p> + Sir. + </p> + <p> + The date of a letter from London will doubtless be as unexpected to you as + it was unforeseen by myself, a few days ago. On the 27th of the last + month, Colonel Smith arrived in Paris, with a letter from Mr. Adams, + informing me that there was at this place a minister from Tripoli, having + general powers to enter into treaties on behalf of his State, and with + whom it was possible we might do something, under our commission to that + power: and that he gave reason to believe, he could also make arrangements + with us, for Tunis. He further added, that the minister of Portugal here + had received ultimate instructions from his court, and that, probably, + that treaty might be concluded in the space of three weeks, were we all on + the spot together. He, therefore, pressed me to come over immediately. The + first of these objects had some weight on my mind, because, as we had sent + no person to Tripoli or Tunis, I thought if we could meet a minister from + them on this ground, our arrangements would be settled much sooner, and at + less expense. But what principally decided me, was, the desire of bringing + matters to a conclusion with Portugal, before the term of our commissions + should expire, or any new turn in the negotiations of France and England + should abate their willingness to fix a connection with us. A third motive + had also its weight. I hoped that my attendance here, and the necessity of + shortening it, might be made use of to force a decisive answer from this + court. I therefore concluded to comply with Mr. Adams’s request. I went + immediately to Versailles, and apprized the Count de Vergennes, that + circumstances of public duty called me hither for three or four weeks, + arranged with him some matters, and set out with Colonel Smith for this + place, where we arrived last night, which was as early as the excessive + rigor of the weather admitted. I saw Mr. Adams immediately, and again + to-day. He informs me, that the minister of Portugal was taken ill five or + six days ago, has been very much so, but is now somewhat better. It would + be very mortifying, indeed, should this accident, with the shortness of + the term to which I limit my stay here, defeat what was the principal + object of my journey, and that, without which, I should hardly have + undertaken it. With respect to this country, I had no doubt but that every + consideration had been urged by Mr. Adams, which was proper to be urged. + Nothing remains undone in this way. But we shall avail ourselves of my + journey here, as if made on purpose, just before the expiration of our + commission, to form our report to Congress on the execution of that + commission, which report, they may be given to know, cannot be formed + without decisive information of the ultimate determination of their court. + There is no doubt what that determination will be: but it will be useful + to have it; as it may put an end to all further expectations on our side + the water, and show that the time is come for doing whatever is to be done + by us, for counteracting the unjust and greedy designs of this country. We + shall have the honor, before I leave this place, to inform you of the + result of the several matters which have brought me to it. + </p> + <p> + A day or two before my departure from Paris, I received your letter of + January———. The question therein proposed, How far + France considers herself as bound to insist on the delivery of the posts, + would infallibly produce another, How far we consider ourselves as + guarantees of their American possessions, and bound to enter into any + future war, in which these may be attacked? The words of the treaty of + alliance seem to be without ambiguity on either head, yet, I should be + afraid to commit Congress, by answering without authority. I will + endeavor, on my return, to sound the opinion of the minister, if possible, + without exposing myself to the other question. Should any thing forcible + be meditated on these posts, it would possibly be thought prudent, + previously to ask the good offices of France, to obtain their delivery. In + this case, they would probably say, we must first execute the treaty, on + our part, by repealing all acts which have contravened it. Now this + measure, if there be any candor in the court of London, would suffice to + obtain a delivery of the posts from them, without the mediation of any + third power. However, if this mediation should be finally needed, I see no + reason to doubt our obtaining it, and still less to question its + omnipotent influence on the British court. + </p> + <p> + I have the honor to be, with the highest respect and esteem, Sir, your + most obedient + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_4_0176" id="link2H_4_0176"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LETTER CLXIII.—TO COLONEL HUMPHREYS, March 14, 1786 + </h2> + <p> + TO COLONEL HUMPHREYS. + </p> + <p> + London, March 14, 1786. + </p> + <p> + Dear Sir, + </p> + <p> + I have been honoured with your letter, in which you mention to me your + intention of returning to America in the April packet. It is with sincere + concern that I meet this event, as it deprives me not only of your aid in + the office in which we have been joined, but also of your society, which + has been to me a source of the greatest satisfaction. I think myself bound + to return you my thanks for it, and, at the same time, to bear testimony, + that in the discharge of the office of Secretary of Legation to the + several commissions, you have fulfilled all its duties with readiness, + propriety, and fidelity. I sincerely wish, that on your return, our + country may avail itself of your talents in the public service, and that + you may be willing so to employ them. You carry with you my wishes for + your prosperity, and a desire of being instrumental to it: and I hope, + that in every situation in which we may be placed, you will freely command + and count on my services. I will beg to be favored with your letters, + whenever it is convenient. You have seen our want of intelligence here, + and well know the nature of that which will be useful or agreeable. I fear + I shall have little interesting to give you in return; but such news as my + situation affords, you shall be sure to receive. I pray you to be the + bearer of the enclosed letter to Mr. Jay, to accept my wishes for a + favorable passage, a happy meeting with your friends, and for every future + felicity which this life can afford, being with the greatest esteem, Dear + Sir, + </p> + <p> + your sincere friend + </p> + <p> + and most humble servant, + </p> + <p> + Th: Jefferson. + </p> + <p> + <a name="link2H_APPE2" id="link2H_APPE2"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + APPENDIX. + </h2> + <p> + <a name="link2H_4_0178" id="link2H_4_0178"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE A.]—TO THE GOVERNOR OF VIRGINIA. + </h2> + <p> + Kaskaskias, Illinois, April 29,1779. + </p> + <p> + Dear Sir, + </p> + <p> + A few days ago, I received certain intelligence of William Morris, my + express to you, being killed near the falls of Ohio, news truly + disagreeable to me, as I fear many of my letters will fall into the hands + of the enemy, at Detroit, although some of them, as I learn, were found in + the woods torn in pieces. I do not doubt but before the receipt of this, + you will have heard of my late success against Governor Hamilton, at post + St. Vincenne. That gentleman, with a body of men, possessed himself of + that post on the 15th of December last, repaired the fortifications for a + repository, and in the spring, meant to attack this place, which he made + no doubt of carrying; where he was to be joined by two hundred Indians + from Michilimackinac, and five hundred Cherokees, Chickasaws, and other + nations. With this body, he was to penetrate up the Ohio to Fort Pitt, + sweeping Kentucky on his way, having light brass cannon for the purpose, + joined on his march by all the Indians that could be got to him. He made + no doubt, that he could force all West Augusta. This expedition was + ordered by the commander in chief of Canada. Destruction seemed to hover + over us from every quarter; detached parties of the enemy were in the + neighborhood every day, but afraid to attack. I ordered Major Bowman to + evacuate the fort at the Cohas, and join me immediately, which he did. + Having not received a scrape of a pen from you, for near twelve months, I + could see but little probability of keeping possession of the country, as + my number of men was too small to stand a siege, and my situation too + remote to call for assistance. I made all the preparations I possibly + could for the attack, and was necessitated to set fire to some of the + houses in town, to clear them out of the way. But in the height of the + hurry, a Spanish merchant, who had been at St. Vincenne, arrived, and gave + the following intelligence: that Mr. Hamilton had weakened himself, by + sending his Indians against the frontiers, and to block up the Ohio; that + he had not more than eighty men in garrison, three pieces of cannon, and + some swivels mounted; and that he intended to attack this place, as soon + as the winter opened, and made no doubt of clearing the western waters by + the fall. My situation and circumstances induced me to fall on the + resolution of attacking him, before he could collect his Indians again. I + was sensible the resolution was as desperate as my situation, but I saw no + other probability of securing the country. I immediately despatched a + small galley, which I had fitted up, mounting two four-pounders and four + swivels, with a company of men and necessary stores on board, with orders + to force her way, if possible, and station herself a few miles below the + enemy, suffer nothing to pass her, and wait for further orders. In the + mean time, I marched across the country with one hundred and thirty men, + being all I could raise, after leaving this place garrisoned by the + militia. The inhabitants of the country behaved exceedingly well, numbers + of young men turned out on the expedition, and every other one embodied to + guard the different towns. I marched the 7th of February. Although so + small a body, it took me sixteen days on the route. The inclemency of the + season, high waters, &c. seemed to threaten the loss of the + expedition. When within three leagues of the enemy, in a direct line, it + took us five days to cross the drowned lands of the Wabash river, having + to wade often upwards of two leagues, to our breast in water. Had not the + weather been warm, we must have perished. But on the evening of the 23rd, + we got on dry land, in sight of the enemy; and at seven o’clock, made the + attack, before they knew any thing of us. The town immediately surrendered + with joy, and assisted in the siege. There was a continual fire on both + sides, for eighteen hours. I had no expectation of gaining the fort until + the arrival of my artillery. The moon setting about one o’clock, I had an + entrenchment thrown up within rifle-shot of their strongest battery, and + poured such showers of well directed balls into their ports, that we + silenced two pieces of cannon in fifteen minutes, without getting a man + hurt. + </p> + <p> + Governor Hamilton and myself had, on the following day, several + conferences, but did not agree until the evening, when he agreed to + surrender the garrison (seventy-nine in number) prisoners of war, with + considerable stores. I got only one man wounded; not being able to lose + many, I made them secure themselves well. Seven were badly wounded in the + fort, through ports. In the height of this action, an Indian party that + had been to war, and taken two prisoners, came in, not knowing of us. + Hearing of them, I despatched a party to give them battle in the commons, + and got nine of them, with the two prisoners, who proved to be Frenchmen. + Hearing of a convoy of goods from Detroit, I sent a party of sixty men, in + armed boats well mounted with swivels, to meet them, before they could + receive any intelligence. They met the convoy forty leagues up the river, + and made a prize of the whole, taking forty prisoners, and about ten + thousand pounds’ worth of goods and provisions; also the mail from Canada + to Governor Hamilton, containing, however, no news of importance. But what + crowned the general joy, was the arrival of William Morris, my express to + you, with your letters, which gave general satisfaction. The soldiery, + being made sensible of the gratitude of their country for their services, + were so much elated, that they would have attempted the reduction of + Detroit, had I ordered them. Having more prisoners than I knew what to do + with, I was obliged to discharge a greater part of them on parole. Mr. + Hamilton, his principal officers, and a few soldiers, I have sent to + Kentucky, under convoy of Captain Williams, in order to be conducted to + you. After despatching Morris with letters to you, treating with the + neighboring Indians, &c, I returned to this place, leaving a + sufficient garrison at St. Vincenne. + </p> + <p> + During my absence, Captain Robert George, who now commands the company + formerly commanded by Captain Willing, had returned from New Orleans, + which greatly added to our strength. It gave great satisfaction to the + inhabitants, when acquainted with the protection which was given them, the + alliance with France, &c. I am impatient for the arrival of Colonel + Montgomery, but have heard nothing of him lately. By your instructions to + me, I find you put no confidence in General M’Intosh’s taking Detroit, as + you encourage me to attempt it, if possible. It has been twice in my + power. Had I been able to raise only five hundred men when I first arrived + in the country, or when I was at St. Vincenne, could I have secured my + prisoners, and only have had three hundred good men, I should have + attempted it, and since learn there could have been no doubt of success, + as by some gentlemen, lately from that post, we are informed that the town + and country kept three days in feasting and diversions on hearing of my + success against Mr. Hamilton, and were so certain of my embracing the fair + opportunity of possessing myself of that post, that the merchants and + others provided many necessaries for us on our arrival; the garrison, + consisting of only eighty men, not daring to stop their diversions. They + are now completing a new fort, and I fear too strong for any force I shall + ever be able to raise in this country. We are proud to hear Congress + intends putting their forces on the frontiers, under your direction. A + small army from Pittsburg, conducted with spirit, may easily take Detroit, + and put an end to the Indian war. Those Indians who are active against us, + are the Six Nations, part of the Shawnese, the Meamonies, and about half + the Chesaweys, Ottawas, Jowaas, and Pottawatimas nations, bordering on the + lakes. Those nations, who have treated with me, have behaved since very + well, to wit, the Peankishaws, Kiccapoos, Orcaottenans of the Wabash + river, the Kaskias, Perrians, Mechigamies, Foxes, Sacks, Opays, Illinois, + and Poues, nations of the Mississippi and Illinois rivers. Part of the + Chesaweys have also treated, and are peaceable. I continually keep agents + among them, to watch their motions and keep them peaceably inclined. Many + of the Cherokees, Chickasaws, and their confederates, are, I fear, ill + disposed. It would be well if Colonel Montgomery should give them a + dressing, as he comes down the Tennessee. There can be no peace expected + from many nations, while the English are at Detroit. I strongly suspect + they will turn their arms against the Illinois, as they will be + encouraged. I shall always be on my guard, watching every opportunity to + take the advantage of the enemy, and, if I am ever able to muster six or + seven hundred men, I shall give them a shorter distance to come and fight + me, than at this place. + </p> + <p> + There is one circumstance very distressing, that of our money’s being + discredited, to all intents and purposes, by the great number of traders + who come here in my absence, each outbidding the other, giving prices + unknown in this country by five hundred per cent., by which the people + conceived it to be of no value, and both French and Spaniards refused to + take a farthing of it. Provision is three times the price it was two + months past, and to be got by no other means than my own bonds, goods, or + force. Several merchants are now advancing considerable sums of their own + property, rather than the service should suffer, by which I am sensible + they must lose greatly, unless some method is taken to raise the credit of + our coin, or a fund be sent to Orleans, for the payment of the expenses of + this place, which should at once reduce the price of every species of + provision; money being of little service to them, unless it would pass at + the ports they trade at. I mentioned to you, my drawing some bills on Mr. + Pollock in New Orleans, as I had no money with me. He would accept the + bills, but had not money to pay them off, though the sums were trifling; + so that we have little credit to expect from that quarter. I shall take + every step I possibly can, for laying up a sufficient quantity of + provisions, and hope you will immediately send me an express with your + instructions. Public expenses in this country have hitherto been very low, + and may still continue so, if a correspondence is fixed at New Orleans for + payment of expenses in this country, or gold and silver sent. I am glad to + hear of Colonel Todd’s appointment. I think government has taken the only + step they could have done, to make this country flourish, and be of + service to them. No other regulation would have suited the people. The + last account I had of Colonel Rogers, was his being in New Orleans, with + six of his men. The rest he left at the Spanish Ozack, above the Natches. + I shall immediately send him some provisions, as I learn he is in great + want. I doubt he will not be able to get his goods up the river except in + Spanish bottoms. One regiment would be able to clear the Mississippi, and + to do great damage to the British interest in Florida, and by properly + conducting themselves might perhaps gain the affection of the people, so + as to raise a sufficient force to give a shock to Pensacola. Our alliance + with France has entirely devoted this people to our interest. I have sent + several copies of the articles to Detroit, and do not doubt but they will + produce the desired effect. Your instructions, I shall pay implicit regard + to, and hope to conduct myself in such a manner as to do honor to my + country. + </p> + <p> + I am, with the greatest respect, + </p> + <p> + your humble servant, + </p> + <p> + G. R. Clarke. + </p> + <p> + P. S. I understand there is a considerable quantity of cannon ball at + Pittsburg. We are much in want of four and six pound ball. I hope you will + immediately order some down. + </p> + <p> + <a name="link2H_4_0179" id="link2H_4_0179"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + IN COUNCIL, June 18, 1779 + </h2> + <p> + The board proceeded to the consideration of the letters of Colonel Clarke, + and other papers relating to Henry Hamilton, Esq. who has acted for some + years past as Lieutenant Governor of the settlement at and about Detroit, + and commandant of the British garrison there, under Sir Guy Carleton, as + Governor in chief; Philip Dejean, justice of the peace for Detroit, and + William Lamothe, captain of volunteers, prisoners of war, taken in the + county of Illinois. + </p> + <p> + They find, that Governor Hamilton has executed the task of inciting the + Indians to perpetrate their accustomed cruelties on the citizens of the + United States, without distinction of age, sex, or condition, with an + eagerness and avidity which evince, that the general nature of his charge + harmonized with his particular disposition. They should have been + satisfied, from the other testimony adduced, that these enormities were + committed by savages acting under his commission, but the number of + proclamations, which, at different times, were left in houses, the + inhabitants of which were killed or carried away by the Indians, one of + which proclamations is in possession of the board, under the hand and seal + of Governor Hamilton, puts this fact beyond a doubt. At the time of his + captivity, it appears, he had sent considerable bodies of Indians against + the frontier settlements of these States, and had actually appointed a + great council of Indians, to meet him at Tennessee, to concert the + operations of this present campaign. They find that his treatment of our + citizens and soldiers, taken and carried within the limits of his command, + has been cruel and inhuman; that in the case of John Dodge, a citizen of + these States, which has been particularly stated to this board, he loaded + him with irons, threw him into a dungeon, without bedding, without straw, + without fire, in the dead of winter and severe climate of Detroit; that, + in that state, he wasted him with incessant expectations of death: that + when the rigors of his situation had brought him so low, that death seemed + likely to withdraw him from their power, he was taken out and somewhat + attended to, until a little mended, and before he had recovered ability to + walk, was again returned to his dungeon, in which a hole was cut, seven + inches square only for the admission of air, and the same load of irons + again put on him: that appearing, a second time, in imminent danger of + being lost to them, he was again taken from his dungeon, in which he had + lain from January till June, with the intermission of a few weeks only, + before mentioned. That Governor Hamilton gave standing rewards for scalps, + but offered none for prisoners, which induced the Indians, after making + their captives carry their baggage into the neighborhood of the fort, + there to put them to death, and carry in their scalps to the Governor, who + welcomed their return and success by a discharge of cannon. That when a + prisoner, brought alive, and destined to death by the Indians, the fire + already kindled, and himself bound to the stake, was dexterously + withdrawn, and secreted from them by the humanity of a fellow prisoner, a + large reward was offered for the discovery of the victim, which having + tempted a servant to betray his concealment, the present prisoner Dejean, + being sent with a party of soldiers, surrounded the house, took and threw + into jail the unhappy victim and his deliverer, where the former soon + expired under the perpetual assurances of Dejean, that he was to be again + restored into the hands of the savages, and the latter when enlarged, was + bitterly reprimanded by Governor Hamilton. + </p> + <p> + It appears to them, that the prisoner Dejean was, on all occasions, the + willing and cordial instrument of Governor Hamilton, acting both as judge + and keeper of the jails, and instigating and urging him, by malicious + insinuations and untruths, to increase, rather than relax his severities, + heightening the cruelty of his orders by his manner of executing them, + offering at one time a reward to one man to be hangman for another, + threatening his life on refusal, and taking from his prisoners the little + property their opportunities enabled them to acquire. + </p> + <p> + It appears, that the prisoner Lamothe, was a captain of the volunteer + scalping parties of Indians and whites, who went, from time to time, under + general orders to spare neither men, women, nor children. From this detail + of circumstances, which arose in a few cases only, coming accidentally to + the knowledge of the board, they think themselves authorized by fair + deduction, to presume what would be the horrid history of the sufferings + of the many, who have expired under their miseries (which, therefore, will + remain for ever untold), or who have escaped from them, and are yet too + remote and too much dispersed, to bring together their well founded + accusations against the prisoners. + </p> + <p> + They have seen that the conduct of the British officers, civil and + military, has in the whole course of this war, been savage, and + unprecedented among civilized nations; that our officers taken by them, + have been confined in crowded jails, loathsome dungeons, and prison-ships, + loaded with irons, supplied often with no food, generally with too little + for the sustenance of nature, and that little sometimes unsound and + unwholesome, whereby such numbers have perished, that captivity and death + have with them been almost synonymous; that they have been transported + beyond seas, where their fate is out of the reach of our inquiry, have + been compelled to take arms against their country, and, by a refinement in + cruelty, to become murderers of their own brethren. + </p> + <p> + Their prisoners with us have, on the other hand, been treated with + humanity and moderation; they have been fed, on all occasions, with + wholesome and plentiful food, suffered to go at large within extensive + tracts of country, treated with liberal hospitality, permitted to live in + the families of our citizens, to labor for themselves, to acquire and + enjoy profits, and finally to participate of the principal benefits of + society, privileged from all burdens. + </p> + <p> + Reviewing this contrast, which cannot be denied by our enemies themselves, + in a single point, and which has now been kept up during four years of + unremitting war, a term long enough to produce well-founded despair that + our moderation may ever lead them to the practice of humanity; called on + by that justice we owe to those who are fighting the battles of our + country, to deal out, at length, miseries to their enemies, measure for + measure, and to distress the feelings of mankind by exhibiting to them + spectacles of severe retaliation, where we had long and vainly endeavored + to introduce an emulation in kindness; happily possessed, by the fortune + of war, of some of those very individuals who, having distinguished + themselves personally in this line of cruel conduct, are fit subjects to + begin on, with the work of retaliation; this board has resolved to advise + the Governor, that the said Henry Hamilton, Philip Dejean and William + Lamothe, prisoners of war, be put into irons, confined in the dungeon of + the public jail, debarred the use of pen, ink, and paper, and excluded all + converse, except with their keeper. And the Governor orders accordingly. + </p> + <p> + Arch. Blair, C. C. + </p> + <p> + <a name="link2H_4_0180" id="link2H_4_0180"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE B]—IN COUNCIL, September 29, 1779. + </h2> + <p> + The board having been, at no time, unmindful of the circumstances + attending the confinement of Lieutenant Governor Hamilton, Captain + Lamothe, and Philip Dejean, which the personal cruelties of those men, as + well as the general conduct of the enemy, had constrained them to advise: + wishing, and willing to expect, that their sufferings may lead them to the + practice of humanity, should any future turn of fortune, in their favor, + submit to their discretion the fate of their fellow creatures; that it may + prove an admonition to others, meditating like cruelties, not to rely for + impunity in any circumstances of distance or present security; and that it + may induce the enemy to reflect, what must be the painful consequences, + should a continuation of the same conduct on their part impel us again to + severities, while such multiplied subjects of retaliation are within our + power: sensible that no impression can be made on the event of the war, by + wreaking vengeance on miserable captives; that the great cause which has + animated the two nations against each other, is not to be decided by + unmanly cruelties on wretches, who have bowed their necks to the power of + the victor, but by the exercise of honorable valor in the field: earnestly + hoping that the enemy, viewing the subject in the same light, will be + content to abide the event of that mode of decision, and spare us the pain + of a second departure from kindness to our captives: confident that + commiseration to our prisoners is the only possible motive, to which can + be candidly ascribed, in the present actual circumstances of the war, the + advice we are now about to give; the board does advise the Governor to + send Lieutenant Governor Hamilton, Captain Lamothe, and Philip Dejean, to + Hanover court house, there to remain at large, within certain reasonable + limits, taking their parole in the usual manner. The Governor orders + accordingly. + </p> + <p> + Arch. Blair, C. C. + </p> + <p> + Ordered, that Major John Hay be sent, also, under parole to the same + place. + </p> + <p> + Arch. Blair, C. C. + </p> + <p> + <a name="link2H_4_0181" id="link2H_4_0181"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE C]—IN COUNCIL, October 8, 1779. + </h2> + <p> + The Governor is advised to take proper and effectual measures for knowing, + from time to time, the situation and treatment of our prisoners by the + enemy, and to extend to theirs, with us a like treatment, in every + circumstance; and, also, to order to a proper station, the prison-ship + fitted up on recommendation from Congress from the reception and + confinement of such prisoners of war, as shall be sent to it. + </p> + <p> + Arch. Blair, C. C. + </p> + <p> + <a name="link2H_4_0182" id="link2H_4_0182"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE D.]—FEMALE CONTRIBUTIONS, IN AID OF THE WAR, probably in 1780 + </h2> +<pre xml:space="preserve"> + [After letter XVII. in the MS. is inserted the following + memorandum.] +</pre> + <p> + Female Contributions, in aid of the War, probably in 1780. + </p> + <p> + Mrs. Sarah Gary, of Scotchtown, a watch-chain, cost £7 sterling. + </p> + <p> + Mrs.——— Ambler, five gold rings. + </p> + <p> + Mrs. Rebecca Ambler, three gold rings. + </p> + <p> + Mrs.————— Nicholas, a diamond drop. + </p> + <p> + Mrs. Griffin, of Dover, ten half joes. + </p> + <p> + Mrs. Gilmer, five guineas. + </p> + <p> + Mrs. Anne Ramsay (for Fairfax), one half joe, three guineas, three + pistereens, one bit. + </p> + <p> + Do. for do. paper money, bundle No. 1, twenty thousand dollars, No. 2, + twenty-seven thousand dollars, No. 3, fifteen thousand dollars, No. 4, + thirteen thousand five hundred and eighteen dollars and one third. + </p> + <p> + Mrs. Lewis (for Albemarle), £1559 8s. paper money, + </p> + <p> + Mrs. Weldon, £39 18s. new, instead of £1600, old paper money, + </p> + <p> + Mrs. Blackburn (for Prince William), seven thousand five hundred and six + dollars, paper money. + </p> + <p> + Mrs. Randolph, the younger, of Chatsworth, eight hundred dollars. + </p> + <p> + Mrs. Fitzhugh and others, £558. + </p> + <p> + <a name="link2H_4_0183" id="link2H_4_0183"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE E.]—FROM LORD CORNWALLIS + </h2> + <p> + Lord Cornwallis’s Letter to Lieutenant Colonel Nisbet Balfour, Commander + at Ninety Six. + </p> + <p> + I have the happiness to inform you, that on Wednesday the 16th instant, I + totally defeated General Gates’s army. One thousand were killed and + wounded, about eight hundred taken prisoners. We are in possession of + eight pieces of brass cannon, all they had in the field, all their + ammunition wagons, a great number of arms, and one hundred and thirty + baggage wagons: in short, there never was a more complete victory. I have + written to Lieutenant Colonel Turnbull, whom I sent to join Major Johnson + on Little river, to push on after General Sumpter to the Wax-haws, whose + detachment is the only collected force of rebels in all this country. + Colonel Tarleton is in pursuit of Sumpter. Our loss is about three hundred + killed and wounded, chiefly of the thirty-third regiment and volunteers, + of Ireland. I have given orders that all the inhabitants of this province, + who have subscribed and taken part in this revolt, should be punished with + the greatest rigor; also, that those who will not turn out, may be + imprisoned, and their whole property taken from them, and destroyed. I + have also ordered that satisfaction should be made for their estates, to + those who have been injured and oppressed by them. I have ordered, in the + most positive manner, that every militia man who has borne arms with us + and afterwards joined the enemy, shall be immediately hanged. I desire you + will take the most rigorous measure to punish the rebels in the district + in which you command, and that you will obey, in the strictest manner, the + directions I have given in this letter, relative to the inhabitants of + this country. + </p> + <p> + Cornwallis. + </p> + <p> + August, 1780. + </p> + <p> + <a name="link2H_4_0184" id="link2H_4_0184"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + [NOTE F.]—TO LORD CORNWALLIS + </h2> + <p> + TO LORD CORNWALLIS. + </p> + <p> + Portsmouth, Virginia, November 4, 1780. + </p> + <p> + My Lord, + </p> + <p> + I have been here near a week, establishing a post. I wrote to you to + Charleston, and by another messenger, by land. I cannot hear, for a + certainty, where you are: I wait your orders. The bearer is to be + handsomely rewarded, if he brings me any note or mark from your Lordship. + </p> + <p> + A. L. + </p> +<pre xml:space="preserve"> + + + + + +End of the Project Gutenberg EBook of Memoir, Correspondence, And +Miscellanies, From The Papers Of Thomas Jefferson, by Thomas Jefferson + +*** END OF THIS PROJECT GUTENBERG EBOOK THE WRITINGS OF THOMAS JEFFERSON *** + +***** This file should be named 16781-h.htm or 16781-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/6/7/8/16781/ + +Produced by David Widger + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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