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diff --git a/16781-0.txt b/16781-0.txt new file mode 100644 index 0000000..5044b81 --- /dev/null +++ b/16781-0.txt @@ -0,0 +1,21540 @@ +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 + + + + + +[Illustration: Book Spines, 1829 set of Jefferson Papers] + +MEMOIR, CORRESPONDENCE, AND MISCELLANIES, FROM THE PAPERS OF THOMAS +JEFFERSON. + +Edited by Thomas Jefferson Randolph. + + +[Illustration: Steel engraving by Longacre from painting of G. Stuart] + +[Illustration: Titlepage of Volume One (of four)] + + + + 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. + + + + +PREFACE. + +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. + +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. + +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. + +The contents of the Memoir, succeeding the biographical pages, may be +designated as follows: + +I. General facts and anecdotes relating to the origin and early stages +of the contest with Great Britain. + +II. Historical circumstances relating to the Confederation of the +States. + +III. Facts and anecdotes, local and general, preliminary to the +Declaration of Independence. + +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, _in the hand-writing of the Author;_ and a +parallel column, in the same hand, showing the alterations made in the +draught by Congress. + +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. + +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. + +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. + + +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. + +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. + +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. + +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. + +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. + +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. + +Albemarle, Va., January, 1829. + + +[Illustration: Page One of Jefferson’s Memoir, page001] + + + + +MEMOIR. + +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. + +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. + +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 _amici omnium +horarum,_ and myself, formed a _partie quarrée,_ 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.* + + * 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.] + +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. + +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. + +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. + +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. + + * The name of a public room in the Raleigh. + +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 _nem. con._ and a committee of +correspondence appointed, of whom Peyton Randolph, the speaker, was +chairman. + +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. + +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. ** + + * Life of Washington, vol. ii. p. 151. + ** See Appendix, note B. + +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. + + * See Girardin’s History of Virginia, Appendix No. 12. note. + ** See Appendix, note D. + +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. + +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?’ + +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. + +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. + + 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: + +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. + +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 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. + +It was argued by Wilson, Robert R. Livingston, E. Rutledge, Dickinson, +and others-- + +That, though they were friends to the measures themselves, and saw the +impossibility that we should ever again be united with Great Britain, +yet they were against adopting them at this time: + +That the conduct we had formerly observed was wise and proper now, of +deferring to take any capital step till the voice of the people drove us +into it: + +That they were our power, and without them our declarations could not be +carried into effect: + +That the people of the middle colonies (Maryland, Delaware, +Pennsylvania, the Jerseys, and New York) were not yet ripe for bidding +adieu to British connection, but that they were fast ripening, and, in a +short time, would join in the general voice of America: + +That the resolution, entered into by this House on the 15th of May, +for suppressing the exercise of all powers derived from the crown, had +shown, by the ferment into which it had thrown these middle colonies, +that they had not yet accommodated their minds to a separation from the +mother country: + +That some of them had expressly forbidden their delegates to consent +to such a declaration, and others had given no instructions, and +consequently no powers to give such consent: + +That if the delegates of any particular colony had no power to declare +such colony independent, certain they were, the others could not declare +it for them; the colonies being as yet perfectly independent of each +other: + +That the assembly of Pennsylvania was now sitting above stairs, their +convention would sit within a few days, the convention of New York was +now sitting, and those of the Jerseys and Delaware counties would meet +on the Monday following, and it was probable these bodies would take up +the question of Independence, and would declare to their delegates the +voice of their state: + +That if such a declaration should now be agreed to, these delegates must +retire, and possibly their colonies might secede from the Union: + +That such a secession would weaken us more than could be compensated by +any foreign alliance: + +That in the event of such a division, foreign powers would either refuse +to join themselves to our fortunes, or, having us so much in their power +as that desperate declaration would place us, they would insist on terms +proportionably more hard and prejudicial: + +That we had little reason to expect an alliance with those to whom +alone, as yet, we had cast our eyes: + +That France and Spain had reason to be jealous of that rising power, +which would one day certainly strip them of all their American +possessions: + +That it was more likely they should form a 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: + +That it would not be long before we should receive certain information +of the disposition of the French court, from the agent whom we had sent +to Paris for that purpose: + +That if this disposition should be 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: + +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: + +That it was prudent to fix among ourselves the terms on which we would +form alliance, before we declared we would form one at all events: + +And that if 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. + +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: + +That the question was not whether, by a Declaration of Independence, we +should make ourselves what we are not; but whether we should declare a +fact which already exists: + +That, as to the people or parliament of England, we had always been +independent of them, their restraints on our trade deriving efficacy +from our acquiescence only, and not from any rights they possessed of +imposing them, and that so far, our connection had been federal only, +and was now dissolved by the commencement of hostilities: + +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: + +That James the II. never declared the people of England out of his +protection, yet his actions proved it and the parliament declared it: + +No delegates then can be denied, or ever want, a power of declaring an +existent truth: + +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: + +That the instructions from Pennsylvania might be accounted for from the +times in which they were drawn, near a twelvemonth ago, since which the +face of affairs has totally changed: + +That within that time, it had become apparent that Britain was +determined to accept nothing less than a _carte-blanche,_ and that the +King’s answer to the Lord Mayor, Aldermen, and Common Council of London, +which had come to hand four days ago, must have satisfied every one of +this point: + +That the people wait for us to lead the way: + +That they are in favor of the measure, though the instructions given by +some of their representatives are not: + +That the voice of the representatives is not always consonant with +the voice of the people, and that this is remarkably the case in these +middle colonies: + +That the effect of the resolution of the 15th of May has proved this, +which, raising the murmurs of some in the colonies of Pennsylvania +and Maryland, called forth the opposing voice of the freer part of the +people, and proved them to be the majority even in these colonies: + +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: + +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: + +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: + +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: + +That, therefore, it was necessary for those colonies who had thrown +themselves forward and hazarded all from the beginning, to come forward +now also, and put all again to their own hazard: + +That the history of the Dutch revolution, of whom three states only +confederated at first, proved that a secession of some colonies would +not be so dangerous as some apprehended: + +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: + +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: + +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: + +That the present campaign may be unsuccessful, and therefore we had +better propose an alliance while our affairs wear a hopeful aspect: + +That to wait the event of this campaign will 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: + +That it would be idle to lose time in settling the terms of alliance, +till we had first determined we would enter into alliance: + +That it is necessary to lose no time in opening a trade for our people, +who will want clothes, and will want money too, for the payment of +taxes: + +And that the only misfortune is, that we did not 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. + + +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. + +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. + + +[Illustration: Draft of Declaration of Independence, page016] + +[Illustration: Draft of Declaration of Independence, page017] + +[Illustration: Draft of Declaration of Independence, page018] + +[Illustration: Draft of Declaration of Independence, page019] + +[Illustration: Draft of Declaration of Independence, page020] + +[Illustration: Draft of Declaration of Independence, page021] + + + * In this publication, the parts struck out are printed in + Italics and inclosed in brackets--and those inserted are + inclosed in parenthesis. + + +A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES OF AMERICA, IN +_GENERAL_ CONGRESS ASSEMBLED. + +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. + +We hold these truths to be self evident: that all men are created equal; +that they are endowed by their creator with [_inherent and_] (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 [_begun at a distinguished +period and_] 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 [_expunge_] +(alter) their former systems of government. The history of the present +king of Great Britain is a history of [_unremitting_] (repeated) +injuries and usurpations, [_among which appears no solitary act to +contradict the uniform tenor of the rest, but all have_] (all having) +in direct object the establishment of an absolute tyranny over these +states. To prove this, let facts be submitted to a candid world [_for +the truth of which we pledge a faith yet unsullied by falsehood._] + +He has refused his assent to laws the most wholesome and necessary for +the public good. + +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. + +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. + +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. + +He has dissolved representative houses repeatedly [_and continually_] +for opposing with manly firmness his invasions on the rights of the +people. + +He has refused for a long time after such 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. + +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. + +He has [_suffered_] (obstructed) the administration of justice [_totally +to cease in some of these states_] (by) refusing his assent to laws for +establishing judiciary powers. + +He has made [_our_] judges dependant on his will alone for the tenure of +their offices, and the amount and payment of their salaries. + +He has erected a multitude of new offices, [_by a self-assumed power_] +and sent hither swarms of new officers to harass our people and eat out +their substance. + +He has kept among us in times of peace standing armies [_and ships of +war_] without the consent of our legislatures. + +He has affected to render the military independent of, and superior to, +the civil power. + +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 [_states_] (colonies); for taking away our charters, abolishing +our most valuable laws, and altering fundamentally the forms of +our governments; for suspending our own legislatures, and declaring +themselves invested with power to legislate for us in all cases +whatsoever. + +He has abdicated government here [_withdrawing his governors, and +declaring us out of his allegiance and protection._] (by declaring us +out of his protection and waging war against us.) + +He has plundered our seas, ravaged our coasts, burnt our towns, and +destroyed the lives of our people. + +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. + +He has constrained our fellow citizens taken captive on the high seas +to bear arms against their country, to become the executioners of their +friends and brethren, or to fall themselves by their hands. + +He has [ ] (excited 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 [_of existence._] + +[_He has incited treasonable insurrections of our fellow citizens, with +the allurements of forfeiture and confiscation of our property. + +He has waged cruel war against human nature itself, violating its most +sacred rights of life and, liberty in the persons of a distant people +who never offended him, captivating and carrying them into slavery in +another hemisphere, or to incur 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._] + +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. + +A prince whose character is thus marked by every act which may define a +tyrant is unfit to be the ruler of a [ ] (free) people [_who mean to be +free. Future ages will scarcely believe that the hardiness of one man +adventured, within the short compass of twelve years only, to lay +a foundation so broad and so undisguised for tyranny over a people +fostered and fixed in principles of freedom._] + +Nor have we been wanting in attentions to our British brethren. We have +warned them from time to time of attempts by their legislature to extend +[_a_] (an unwarrantable) jurisdiction over [_these our states_] (us). We +have reminded them of the circumstances of our emigration and settlement +here, [_no one of which could warrant so strange a pretension: that +these were effected at the expense of our own blood and treasure, +unassisted by the wealth or the strength of Great Britain: that in +constituting 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,_] we [ +] (have) appealed to their native justice and magnanimity [_as well as +to_] (and we have conjured them by) the ties of our common kindred to +disavow these usurpations which [_were likely to_] (would inevitably) +interrupt our connection and correspondence. They too have been deaf +to the voice of justice and of consanguinity, [_and when occasions have +been given them, by the regular course of their laws, of removing from +their councils the disturbers of our harmony, they have, by their free +election, re-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_] (We must therefore) +acquiesce in the necessity which denounces our [eternal] separation [ ]! +(and hold them as we hold the rest of mankind, enemies in war, in peace +friends.) + +[_We therefore the representatives of the United States of America in +General Congress assembled, 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. + +And for the support of this declaration, we mutually pledge to each +other our lives, our fortunes, and our sacred honor._] + +(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. + +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.) + + +The declaration thus signed on the 4th, on paper, was engrossed on +parchment, and signed again on the 2nd of August. + +[* 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.] + + * 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. + + + +[Illustration: Facsimile of Declaration in Jefferson’s Handwriting--p1] + +[Illustration: Facsimile of Declaration in Jefferson’s Handwriting--p2] + +[Illustration: Facsimile of Declaration in Jefferson’s Handwriting--p3] + +[Illustration: Facsimile of Declaration in Jefferson’s Handwriting--p4] + + +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.’ + +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. + +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. + +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. + +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 _jus trium liberorum_ 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. + +Mr. Payne urged the original resolution of Congress, to proportion the +quotas of the states to the number of souls. + +Dr. Witherspoon was of opinion, that the value of lands and houses was +the best estimate of the wealth of a nation, and that it was practicable +to obtain such a valuation. This is the true barometer of wealth. The +one now proposed is imperfect in itself, and unequal between the states. +It has been objected that negroes eat the food of freemen, and therefore +should be taxed; horses also eat the food of freemen; therefore they +also should be taxed. It has been said too, that in carrying slaves into +the estimate of the taxes the state is to pay, we do no more than those +states themselves do, who always take slaves into the estimate of the +taxes the individual is to pay. But the cases are not parallel. In +the Southern colonies slaves pervade the whole colony; but they do +not pervade the whole continent. That as to the original resolution +of 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. + +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. + +The other article was in these words. ‘Art. XVII. In determining +questions, each colony shall have one vote.’ + +July 30, 31, August 1. Present forty-one members. Mr. Chase observed +that this article was the most likely to divide us, of any one proposed +in the draught then under consideration: that the larger colonies +had threatened they would not confederate at all, if their weight in +Congress should not be equal to the numbers of people they added to the +confederacy; while the smaller ones declared against a union, if they +did not retain an equal vote for the protection of their rights. That it +was of the utmost consequence to bring the parties together, as, should +we sever from each other, either no foreign power will ally with us at +all, or the different states will form different alliances, and thus +increase the 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. + +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. + +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. + +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. + +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. + +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. + +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.* + + * Here terminate the author’s notes of the ‘earlier debates + on the confederation,’ and recommences the MS. begun by him + in 1821. + +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. + +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. + +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. + +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. + +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. + +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, _ipso facto,_ their further importation for +the present, and the business of the war pressing constantly on the +legislature, this subject was not acted on finally until the year ‘78, +when I brought in a bill to prevent their further importation. This +passed without opposition, and stopped the increase of the evil by +importation, leaving to future efforts its final eradication. + +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. + +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. + +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. + +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. + +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.] + +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. + +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. + +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 _Lex talionis_. 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. + +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 _Magna Charta_ 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. + +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. + +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 _Maison Quarrée_ 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.] + +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. + +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, _pari passu_, 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. + +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. + +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. + +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. + +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. + + * 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _gentis amicissimæ_. + +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 +_Projet_, 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. + +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. + +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. + +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. + + +‘Proposals for concerted operation among the powers at war with the +piratical States of Barbary. + +‘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. + +‘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. + +‘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. + +‘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. + +‘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. + +‘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. + +‘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. + +‘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. + +‘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. + +‘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. + +‘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.’ + + +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. + + [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.] + +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. + +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. + +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 _corvees_, +reformation of the _gabelles_, 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. + +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. + +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. + +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. + +‘_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. + +‘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.’_ * + + [*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.’] + +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. + +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. + + +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.’ + +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 _habeas corpus_ 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 _habeas corpus_ 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. + +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 _esprit de +corps_, 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. + + * 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. + +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 + +[Illustration: Financial Projection, American Embassy Paris, page068] + + +Florins. + +There would be necessary for the year ‘88--531,937-10 ‘89--538,540 +‘90--473,540 -------------------- Total, 1,544,017-10 + +Florins. + +To meet this, the bankers had in hand, 79,268-2-8 and the unsold bonds +would yield, 542,800 + +622,068-2-8 + +Leaving a deficit of 921,949-7-4 + +We proposed then to borrow a million, yielding 920,000 + +Which would leave a small deficiency of 1,949-7-4 + + +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. + +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. + +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 _cour +plenière_ 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 _cour plenière_, 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 _Tiers Etat_ 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 _Tiers +Etat_ 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 +_lettres de cachet_; 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, _gratis_, 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. + +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. + +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 _Rapport au Roi_. 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. + +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 _Tiers Etat_. 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 _Noblesse_; while the _Tiers Etat_ 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 ‘_Qu’est ce que le +Tiers Etat?_’ 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 _séance +royale_. 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 _séance_ 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 _Jeu de paume_ (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 _séance royale_ 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 _Noblesse_ 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 _habeas corpus_. 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 +_Hotel des Etats_, 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 _Vive le Roy_ 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 _Noblesse_ followed him, and so did the clergy, except +about thirty, who, with the _Tiers_, 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 ‘_Vive Monsieur Necker, vive le sauveur de la France +opprimée_.’ He was conducted back to his house, with the same +demonstrations of affection and anxiety. About two hundred deputies of +the _Tiers_, 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 _Tiers_, 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 +_Noblesse_. + +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 _Tiers_. 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. + +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: + +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. + +A declaration of the rights of man, as the preliminary of their work, +was accordingly prepared and proposed by the Marquis de la Fayette. + +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, _Garde des Sceaux_. The changes were as follows. + +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 _Bourgeois_, or +rather to restrain their numbers to forty-eight thousand. On the 14th, +they sent one of their members (Monsieur de Corny) to the _Hotel des +Invalides_, to ask arms for their _Garde Bourgeoise_. 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, _Prévôt des Marchands_, they seized him in the _Hotel +de Ville_, 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 _Commandant en Chef_ of the _Milice Bourgeoise_; and +Monsieur Bailly, former President of the States General, was called for +as _Prévôt des Marchands_. 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 _Bourgeois_ 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 ‘_Vive la +Nation_,’ but not a single ‘_Vive le Roi_’ was heard. The King stopped +at the _Hotel de Ville_. 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 +‘_Vive le Roi et la Nation_.’ He was conducted by a _garde Bourgeoise_, +to his palace at Versailles, and thus concluded such an ‘_amende +honorable_,’ as no sovereign ever made, and no people ever received. + +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, _in petto_, 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. + +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 _Garde des Sceaux_; +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. + +Seven Princes of the blood royal, six ex-ministers, and many of the +high _Noblesse_, 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. + +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 _projet_’ 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. + +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. + +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. + +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. + +I arrived at New York on the 21st of March, where Congress was in +session. + + + + + +APPENDIX TO THE MEMOIR. + + + + +[NOTE A.] Letter to John Saunderson, Esq. + + +Sir, + +Monticello, August 31, 1820. + +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. + +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. + +I salute you, Sir, with sentiments of great respect. + +Th: Jefferson. + + + +_Notes for the Biography of George Wythe_. + +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. + +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. + +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. + +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. + +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. + +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. + + + + +[NOTE B.]--Letter to Samuel A. Wells, Esq. + + +Sir, + +Monticello, May 12, 1829. + +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. + +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 _secundum subjectam +materiam_. 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. + +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. + +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. + +‘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. + +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. + +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. + +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. + +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. + +With sentiments of sincere veneration for his memory, accept yourself +this tribute to it, with the assurances of my great respect. + +Th: Jefferson. + +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. + + + + +[NOTE C]--August, 1774, Instructions to the first Delegation + +On the Instructions given to the first Delegation of Virginia to +Congress, in August, 1774. + + +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. + +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, _ad infinitum_. Here follow +my proposition, and the more prudent one which was adopted. + +‘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. + +‘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. + +‘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. + +‘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.* + + *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. + +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. + +‘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. + +‘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. + +[Illustration: Acts of King George and Parliament, page107] + +‘That the act passed in the fourth year of his Majesty’s reign, entitled +“an act [ Act for granting certain duties.] + +‘One other act passed in the fifth year of his reign, entitled “an act +[Stamp Act.] + +‘One other act passed in the sixth year of his reign, entitled “an act +[Act declaring the right of Parliament over the colonies.] + +‘And one other act passed in the seventh year of his reign, entitled an +act [ Act for granting duties on paper, tea, &c. + +‘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. + +‘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.] + +‘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. + +‘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. + +‘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. + +‘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. + +‘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. + +‘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? + +‘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? + + * 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. + +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. + +‘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. + +‘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. + +‘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,’ + + + + +[NOTE D.]--August, 1774., Instructions for the Deputies + + +Instructions for the Deputies appointed to meet in General Congress on +the Part of this Colony. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + + + + +[NOTE E.]--Monticello, November 1, 1778.--[Re: Crimes and Punishment] + + +Dear Sir, + +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. + + * In this publication, the original Saxon words are given, + but, owing to the want of Saxon letter, they are printed in + common type. + +I have strictly observed the scale of punishments settled by the +Committee, without being entirely satisfied with it. The _Lex talionis_, +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 _membrum pro membro_ 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. + +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, + +Th: Jefferson. + +George Wythe, Esq. + + +[Illustration: Bill For Proportioning Crimes and Punishments, page121] + +[Illustration: Bill For Proportioning Crimes and Punishments, page122] + +[Illustration: Bill For Proportioning Crimes and Punishments, page123] + +[Illustration: Bill For Proportioning Crimes and Punishments, page124] + +[Illustration: Bill For Proportioning Crimes and Punishments, page125] + +[Illustration: Bill For Proportioning Crimes and Punishments, page126] + +[Illustration: Bill For Proportioning Crimes and Punishments, page127] + +[Illustration: Bill For Proportioning Crimes and Punishments, page128] + +[Illustration: Bill For Proportioning Crimes and Punishments, page129] + +[Illustration: Bill For Proportioning Crimes and Punishments, page130] + +[Illustration: Bill For Proportioning Crimes and Punishments, page131] + +[Illustration: Bill For Proportioning Crimes and Punishments, page132] + +[Illustration: Bill For Proportioning Crimes and Punishments, page133] + +[Illustration: Bill For Proportioning Crimes and Punishments, page134] + + +_Bill for proportioning Crimes and Punishments, in Cases heretofore +Capital_. + +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. + +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. + +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. + +For rendering crimes and punishments, therefore, more proportionate to +each other. + +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. + + * 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. + _‘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.’_ LI. Inae. 6. &c. + +*If a man do levy war** against the Commonwealth [_in the same_], or +be adherent to the enemies of the Commonwealth [_within the same_],*** +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. + + * 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. + + + **** 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. + + ***** This implies ‘by the neck.’ See 2 Hawk. 444, notes _n.o._ + +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. + + * 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. + +Whosoever committeth murder by poisoning, shall suffer death by poison. + +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. + + * 25 G. 2. c. 37. + +Whosoever shall commit murder in any other way, shall suffer death by +hanging. + +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. + + * Quære, if the estates of both parties in a duel should not + be forfeited? The deceased is equally guilty with a suicide. + +The same evidence* shall suffice, and order and course** of trial be +observed in cases of petty treason, as in those of other*** murders. + + * 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. + +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. + + * 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. + +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. + + * 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. + +In other cases of homicide, the law will not add to the miseries of the +party, by punishments or forfeitures.* + + * 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 _anirno furandi_, but perhaps + _veneris causa_, &c. Bracton says, ‘_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_.’ 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, _ubi supra_, 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. + +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.* + + * Beccaria, § 19; 25 G. 2. c. 37. + +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. + + * 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 _Homine replegiando_, 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 ‘_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_,’ &.c. And Fleta, ‘_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_,’ &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 _in foro cirili_, 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. + +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. + +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. + + * 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. + +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. + + * 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.’ + +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.** + + *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. + +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. + + * 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. + +Whosoever committeth Robbery,* shall be condemned to hard labor four +years in the public works, and shall make double reparation to the +persons injured. + + * 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. + + +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. + + * 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. + +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. + + * 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. + +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. + + * 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. + +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. + + * 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. + +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. + +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. + +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. + + * 3 &. 4 W. & M. c. 9. § 4; 5 Ann. c. 31. § 5; 4 G. 1. c. + 11. § 1. + +Prison breakers,* also, shall be deemed accessaries after the fact, to +traitors or felons whom they enlarge from prison.** + + * 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. + +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.* + + * ‘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. + +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.** + + * 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. + +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,** + + * 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. + +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.* + + * ‘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 _se defendendo_. 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 _insidiatio viarum, depopulatio agrorum, or + combustio domorum_. 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. + +No attainder shall work corruption of blood in any case. + +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. + +The aid of Counsel,* and examination of their witnesses on oath, shall +be allowed to defendants in criminal prosecutions. + + * 1 Ann. c. 9. + +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. + + * Manslaghter, counterfeiting, arson, asportation of + vessels, robbery, burglary, house-breaking, horse-stealing, + larceny. + + + + +[NOTE F.]--Coinage for the United States + + +_On the Establishment of a Money Unit, and of a Coinage for the +United States_. + +In fixing the Unit of Money, these circumstances are of principal +importance. + +I. That it be of _convenient_ size to be applied as a measure to the +common money transactions of life. + +II. That its parts and multiplies be in an _easy proportion_ to each +other, so as to facilitate the money arithmetic; + +III. That the Unit and its parts, or divisions, be _so nearly of the +value of some of the known coins_, as that they may be of easy adoption +for the people. + +The Spanish Dollar seems to fulfil all these conditions. + +I. Taking into our view all money transactions, great and small, I +question if a common measure of more _convenient size_ 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. + +II. The most _easy ratio_ 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. + +1. A golden piece, equal in value to ten dollars: + +2. The Unit or Dollar itself, of silver: + +3. The tenth of a Dollar, of silver also: + +4. The hundreth of a Dollar, of copper. + +Compare the arithmetical operations, on the same sum of money expressed +in this form, and expressed in the pound sterling and its divisions. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +1. The Unit or Dollar: + +2. The half dollar or five tenths: + +3. The double tenth, equal to 2/10, or one fifth of a dollar, or to the +pistereen: + +4. The tenth, equal to a Spanish bit: + +5. The five copper piece, equal to 5/100 or one twentieth of a dollar, +or the half-bit. + +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. + +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: + +[Illustration: Sir Isaac Newton’s Assay, page137] + + 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 ” + +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. + +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. + +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. + +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. + +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. + +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: + +[Illustration: Projected Coin Weights, page138] + +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. + +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,-- + +To appoint proper persons to assay and examine, with the utmost +accuracy practicable, the Spanish milled dollars of different dates in +circulation with us. + +To assay and examine, in like manner, the fineness of all the other +coins which may be found in circulation within these states. + +To report to the Committee the result of these assays, by them to be +laid before Congress. + +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. + +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. + +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. + +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. + +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. + +That the alloy of the said coins of gold and silver shall be equal in +weight to one eleventh part of the fine metal. + +That there be proper devices for these coins. + +That measures be proposed for preventing their diminution, and also +their currency, and that of any others, when diminished. + +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. + +And that the said draught of an Ordinance be reported to Congress at +their next meeting, for their consideration and determination. + + +Supplementary Explanations. + +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. + +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.* + +* 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. + +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. + +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. + +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, _et e converso_. Those who live near Maryland, +where the dollar is 7s. 6d. or 3/8 of a pound, multiply by 3, and divide +by 8, _et e converso_. 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. + +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, +_et e converso_. 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. + +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. + +My proposition then, is, that our notation of money shall be decimal, +descending _ad libitum_ 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. + + + + +[NOTE G.] + +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. + +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. + +The Declaration of Independence. + +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. + +The act putting an end to entails. + +The act prohibiting the importation of slaves. + +The act concerning citizens, and establishing the natural right of man +to expatriate himself at will. + +The act changing the course of descents, and giving the inheritance to +all the children, &c. equally, I drew as part of the revisal. + +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. + +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. + +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. + +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.* + + * 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. + + + + +[NOTE H.] + + +Sir, + +New York, October 13, 1789. + +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. + +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. + +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. + +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. + +With sentiments of very great esteem and regard, I have the honor to be, +Sir, + +Your most obedient servant, + +George Washington. + +The Honorable Thomas Jefferson. + +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. + + + +New York, November 30, 1789. + +Dear Sir, + +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. + +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, + +I am, dear Sir, + +Your most obedient, humble servant, + +George Washington. + + +The Honorable Thomas Jefferson. + + + + +***** + + + + +CORRESPONDENCE + + + + +LETTER I.--TO DR. WILLIAM SMALL, May 7, 1775 + + +TO DR. WILLIAM SMALL. + +May 7, 1775. + +Dear Sir, + +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. + +Th: Jefferson. + + + + +LETTER II.--TO JOHN RANDOLPH, August 25,1775 + + +TO JOHN RANDOLPH, ESQ., + +Monticello, + +August 25,1775. + +Dear Sir, + +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. + +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, + +Your friend and servant, + +Th: Jefferson. + + + + +LETTER III.--TO JOHN RANDOLPH, November 29, 1775 + + +TO JOHN RANDOLPH, ESQ.. + +Philadelphia, + +November 29, 1775. + +Dear Sir, + +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. + +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. + +Yours, &c. + +Th: Jefferson. + + + + +LETTER IV.--TO BENJAMIN FRANKLIN, August 13, 1777 + + +TO DR. BENJAMIN FRANKLIN, PARIS. + +Virginia, + +August 13, 1777. + +Honorable Sir, + +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 + +Your most obedient + +and humble servant, + +Th: Jefferson. + + + + +LETTER V.--TO PATRICK HENRY, March 27, 1779 + + +TO HIS EXCELLENCY PATRICK HENRY. + +Albemarle, + +March 27, 1779. + +Sir, + +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. + +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 _fiat_ 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. + +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. + +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. + +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. + +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. + +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. + +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 + +your Excellency’s + +most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER VI.--TO JOHN PAGE, January 22, 1779 + + +TO JOHN PAGE. + +Williamsburg, + +January 22, 1779. + +Dear Page, + +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, + +your affectionate friend, + +Th: Jefferson. + + + + +LETTER VII.--TO GENERAL WASHINGTON, June 23, 1779 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Williamsburg, + +June 23, 1779. + +Sir, + +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. + +I have the honor to be, with every sentiment of private respect and +public gratitude, + +Sir, your most obedient + +and most humble servant, + +Th: Jefferson. + + +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. + + * For the letter of Colonel Clarke, and the order referred + to, see Appendix A. + + + + +LETTER VIII.--TO GENERAL WASHINGTON, July 17, 1779 + + +TO HIS EXCELLENCY GENERAL WASHINGTON + +Williamsburg, + +July 17, 1779. + +Sir, + +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 + +and most humble servant, + +Th: Jefferson. + + +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. + +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. + + + + +LETTER IX.--TO GENERAL WASHINGTON, October 1, 1779 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Williamsburg, + +October 1, 1779. + +Sir, + +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 _saying_ 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. + +I have the honor to be, Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER X.--TO GENERAL WASHINGTON, October 2, 1779 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Williamsburg, + +October 2, 1779. + +Sir, + +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. + +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. + +I have the honor to be, Sir, with the greatest esteem, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XI.--TO GENERAL WASHINGTON, Oct. 8, 1779 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +In Council, Oct. 8, 1779. + +Sir, + +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. + +I have the honor to be, with great regard and esteem, + +your Excellency’s + +most obedient and + +most humble servant, + +Th: Jefferson. + + + + +LETTER XII.--TO COLONEL MATHEWS, October, 1779 + + +TO COLONEL MATHEWS. + +In Council, October, 1779. + +Sir, + +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. + +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. + +I am, with great respect, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XIII.--TO GENERAL WASHINGTON, November 28, 1779 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Willlamsburg, November 28, 1779. + +Sir, + +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. + +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. + +I have the honor to be, &c. &c. + +Th: Jefferson. + + + + +LETTER XIV.--TO GENERAL WASHINGTON, December 10,1779 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Williamsburg, December 10,1779. + +Sir, + +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. + +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. + +Perhaps your commissary of prisoners can effect the former method of +answer. + +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. + +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. + +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, + +your Excellency’s + +most obedient servant, + +Th: Jefferson. + + + + +LETTER XV.--TO GENERAL WASHINGTON, February 10, 1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Williamsburg, February 10, 1780. + +Sir, + +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. + +I have the honor to be, with the most sincere esteem, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XVI.--TO GENERAL WASHINGTON, June 11, 1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, June 11, 1780. + +Sir, + +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. + +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. + +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. + +With sentiments of the most perfect esteem and respect, + +I have the honor to be + +your Excellency’s + +most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER XVII.--TO GENERAL WASHINGTON, July 2, 1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, July 2, 1780. + +Sir, + +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. + +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, + +your Excellency’s + +most obedient, humble servant, + +Th: Jefferson. + +[See Appendix, Note D.] + + + + +LETTER XVIII.--TO GENERAL EDWARD STEVENS, August 4, 1780 + + +TO GENERAL EDWARD STEVENS. + +Richmond, August 4, 1780. + +Sir, + +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 _returned their arms_, 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. + +I am. Sir, with the greatest esteem, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER XIX.--TO MAJOR GENERAL GATES, August 15, 1780 + + +TO MAJOR GENERAL GATES. + +Richmond, August 15, 1780. + +Sir, + +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. + +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. + +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. + +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. + +I am, Sir, with sincere respect and esteem, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XX.--TO GENERAL WASHINGTON, September 8, 1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, September 8, 1780. + +Sir, + +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. + + [* The circumstances of the defeat of General Gates’s army, + near Camden in August, 1780, being of historical notoriety, + this statement is omitted.] + +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. + +I have the honor to be, with the most profound respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXI.--TO GENERAL EDWARD STEVENS, September 12,1780 + + +TO GENERAL EDWARD STEVENS. + +Richmond, September 12,1780. + +Sir, + +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. + +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, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER XXII.--TO GENERAL EDWARD STEVENS, September 15, 1780 + + +TO GENERAL EDWARD STEVENS. + +Richmond, September 15, 1780. + +Sir, + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER XXIII.--TO MAJOR GENERAL GATES, September 23, 1780 + + +TO MAJOR GENERAL GATES. + +Richmond, September 23, 1780. + +Sir, + +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. + +We have an agent collecting all the beeves which can be got from the +counties round about Portsmouth, to send off to you. + +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. + +I am, with every sentiment of esteem and respect, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + +P.S. I enclose a certificate, acknowledging satisfaction for the money +furnished Colonel Kosciusko. T. J. + + + + +LETTER XXIV.--TO GENERAL WASHINGTON, September 23, 1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, September 23, 1780. + +Sir, + +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. + +I am, with all possible esteem and respect, your Excellency’s + +most obedient and humble servant, + +Th: Jefferson. + + + + +LETTER XXV.--TO HIS EXCELLENCY GENERAL WASHINGTON, September 26,1780 + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, September 26,1780. + +Sir, + +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. + +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. + +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. + +I have the honor to be, &c. + +your most obedient and humble servant, + +Th: Jefferson. + + + + +LETTER XXVI.--TO MAJOR GENERAL GATES, October 4, 1780 + + +TO MAJOR GENERAL GATES. + +Richmond, October 4, 1780. + +Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, with all possible esteem and respect, Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXVII.--TO GENERAL GATES, October 15, 1780 + + +TO GENERAL GATES. + +Richmond, October 15, 1780. + +Sir, + +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 _cento_ 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. + +I am, with all sentiments of sincere respect and esteem, Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + +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. + + + + +LETTER XXVIII.--TO GENERAL WASHINGTON, October 22, 1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, October 22, 1780. + +Sir, + +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. + +I have the honor to be + +your Excellency’s most obedient, + +humble servant, + +Th: Jefferson. + + + + +LETTER XXIX.--TO GENERAL WASHINGTON, October 25,1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, October 25,1780. + +Sir, + +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. + +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. + +I am, with the most sincere esteem, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXX.--TO GENERAL WASHINGTON, October 26, 1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, October 26, 1780. + +Sir, + +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. + +I have the honor to be, with the greatest esteem and respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXI.--TO GENERAL GATES, October 28, 1780 + + +TO GENERAL GATES. + +Richmond, October 28, 1780. + +Sir, + +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. + +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. + +I have the honor to be, with the most perfect esteem and respect, Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + + + +LETTER XXXII.--TO GENERAL WASHINGTON, November 3,1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, November 3,1780. + +Sir, + +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. + +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. + +I have the honor to be, with great esteem and respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXIII.--TO GENERAL WASHINGTON, November 10, 1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, November 10, 1780. + +Sir, + +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. + +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. + +I have the honor to be, with the greatest esteem and respect, + +your Exellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXIV.--TO GENERAL WASHINGTON, November 26, 1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, November 26, 1780. + +Sir, + +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. + +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. + +I have the honor to be, + +your Excellency’s + +most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER XXXV.--TO GENERAL WASHINGTON, December 15,1780 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, December 15,1780. + +Sir, + +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. + +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. + +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. + +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, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXVI.--TO GENERAL WASHINGTON, January 10, 1781 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, January 10, 1781. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with every sentiment of respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXVII.--TO THE PRESIDENT OF CONGRESS, Jan. 15, 1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +Richmond, January 15,1781. + +Sir, + +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. + +I have the honor to be, with the greatest respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXVIII.--TO THE PRESIDENT OF CONGRESS, Jan. 15, 1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +Sir, + +Richmond, January 15, 1781. + +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. + +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. + +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. + +I have the honor to be, with the greatest respect, Sir, + +your most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XXXIX.--TO THE PRESIDENT OF CONGRESS, Jan. 17, 1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +Richmond, January 17, 1781. + +Sir, + +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. + +I have the honor to be, with the most real esteem and respect, + +your Excellency’s most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XL.--TO THE VIRGINIA DELEGATES IN CONGRESS, Jan. 18, 1781 + + +TO THE VIRGINIA DELEGATES IN CONGRESS. + +Richmond, January 18, 1781. + +Gentlemen, + +I enclose you a Resolution of Assembly, directing your conduct as to the +navigation of the Mississippi. + +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. + +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. + +I have the honor to be, with very great respect, gentlemen, + +your most obedient servant, + +Th: Jefferson. + + + + +LETTER XLI.--TO GENERAL WASHINGTON, February 8, 1781 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, February 8, 1781. + +Sir, + +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. + +I have the honor to be, with all possible respect, + +Your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XLII.--TO GENERAL WASHINGTON, February 12, 1781 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, February 12, 1781. + +Sir, + +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. + +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. + +I have the honor to be, with every sentiment of respect, your +Excellency’s most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER XLIII.--TO GENERAL WASHINGTON, February 17, 1781 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, February 17, 1781. + +Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, &c. your Excellency’s + +most obedient, humble servant, + +Th: Jefferson. + + +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. + + + + +LETTER XLIV.--TO GENERAL GATES, February 17, 1781 + + +TO GENERAL GATES. + +Richmond, February 17, 1781. + +Dear General, + +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. + +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. + +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. + +I am, with very sincere esteem, + +Dear Sir, your friend and servant, + +Th: Jefferson. + + + + +LETTER XLV.--TO GENERAL WASHINGTON, February 26,1781 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, February 26,1781. + +Sir, + +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. + +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. + +I have the honor to be, with the greatest respect, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XLVI.--TO GENERAL WASHINGTON, March 8, 1781 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, March 8, 1781. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with the greatest esteem and respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XLVII.--TO THE PRESIDENT OF CONGRESS, March 19,1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +Richmond, March 19,1781; + +Sir, + +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. + +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. + +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. + +I have the honor to be, with sentiments of the highest esteem and +respect, your Excellency’s + +most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XLVIII.--TO THE PRESIDENT OF CONGRESS, March 21, 1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +Richmond, March 21, 1781. + +Sir, + +The enclosed letter will inform you of the arrival of a British fleet in +Chesapeake bay. + +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. + +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. + +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. + +I have the honor to be, with very high respect and esteem, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + +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. + + + + +LETTER XLIX.--TO THE PRESIDENT OF CONGRESS, March 26,1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +In Council, Richmond, March 26,1781. + +Sir, + +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. + +I have the honor to be, with sentiments of the highest respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER L.--TO THE PRESIDENT OF CONGRESS, March 28, 1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +Richmond, March 28, 1781. + +Sir, + +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. + +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. + +I have the honor to be, with the greatest respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LI.--TO THE PRESIDENT OF CONGRESS, March 31, 1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +Richmond, March 31, 1781. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with sentiments of the highest respect, + +your Excellency’s most obedient + +and most humble servant + +Th: Jefferson. + + + + +LETTER LII.--TO THE PRESIDENT OF CONGRESS, April 7, 1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +Richmond, April 7, 1781. + +Sir, + +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. + +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. + +I have the honor to be, with the highest respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson, + + + + +LETTER LIII.--TO THE PRESIDENT OF CONGRESS, April 18, 1781 + + +TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. + +In Council, April 18, 1781. + +Sir, + +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. + +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. + +I have the honor to be, with the greatest respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LIV.--TO GENERAL WASHINGTON, April 23,1781 + + +TO HIS EXCELLENCY GENERAL WASHINGTON + +Richmond, April 23,1781. + +Sir, + +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. + +I have heard nothing certain of General Greene since the 6th instant, +except that his head-quarters were on Little river on the 11th. + +I have the honor to be, with the highest respect and esteem, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LV.--TO GENERAL WASHINGTON, May 9, 1781 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Richmond, May 9, 1781. + +Sir, + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with great respect, + +your Excellency’s most obedient, humble servant, + +Th: Jefferson, + + + + +LETTER LVI.--TO THE VIRGINIA DELEGATES IN CONGRESS, May 10, 1781 + + +TO THE VIRGINIA DELEGATES IN CONGRESS. + +In Council, May 10, 1781. + +Gentlemen, + +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. + +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. + +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. + +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. + +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. + +I am, with great respect and esteem, + +Gentlemen, your most obedient servant, + +Th: Jefferson. + + + + +LETTER LVII.--TO GENERAL WASHINGTON, May 28,1781 + + +TO HIS EXCELLENCY GENERAL WASHINGTON. + +Charlottesville, May 28,1781. + +Sir, + +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. + +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 + +I have the honor to be, + +your Excellency’s most obedient, humble servant, + +Th: Jefferson. + + [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.] + + + + +***** + + + + +LETTER, LVIII.--TO GENERAL WASHINGTON, April 16, 1784 + + +TO GENERAL WASHINGTON. + +Annapolis, April 16, 1784. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LIX.--TO COLONEL URIAH FORREST, October 20, 1784 + + +TO COLONEL URIAH FORREST. + +Paris, Cul-de-Sac Tetebout, + +October 20, 1784. + +Sir, + +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. + +I have the honor to be, with sentiments of great respect and esteem, for +Mr. McLanahan, as well as yourself. + +Sir, your most obedient, humble servant, + +Th: Jefferson. + + + + + +LETTER LX.--TO JOHN JAY, May 11, 1785 + + +TO JOHN JAY. + +Paris, May 11, 1785. + +Sir, + +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, + +Th: Jefferson. + + + + +LETTER LXI.--TO GENERAL CHASTELLUX, June 7,1785 + + +TO GENERAL CHASTELLUX. + +Paris, June 7,1785. + +Dear Sir, + +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. + +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. + +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. + +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, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LXII.--TO JOHN ADAMS, June 15, 1785 + + +TO JOHN ADAMS. + +Passy, June 15, 1785. + +Sir, + +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. + +We are to acknowledge the receipt of your letter of June 3rd, informing +us of your reception at the court of London. + +I am, with sentiments of great respect and esteem, Dear Sir, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER LXIII.--TO THE GOVERNOR OF VIRGINIA, June 16, 1785 + + +TO THE GOVERNOR OF VIRGINIA. + +Paris, + +June 16, 1785. + +Sir, + +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. + +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. + +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 _entrepot_ +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. + +I have the honor to be, with sentiments of due respect, your +Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + +P.S. I have written on the last subject to the Governor of Maryland +also. + + + + +LETTER LXIV.--TO COLONEL MONROE, June 17, 1785 + + +TO COLONEL MONROE. + +Paris, June 17, 1785. + +Dear Sir, + +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. + +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. + +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 _Arrêt_ 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. + +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. + +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. + +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. + +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. + +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. + +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 +_Encyclopédie_ 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. + +Yours affectionately, + +Th: Jefferson. + + +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. + +T.J. + + + + +LETTER LXV.--TO CHARLES THOMSON, June 21, 1785 + + +TO CHARLES THOMSON. + +Paris, June 21, 1785. + +Dear Sir, + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER LXVI.--TO WILLIAM CARMICHAEL, June 22, 1785 + + +TO WILLIAM CARMICHAEL. + +Paris, June 22, 1785. + +Sir, + +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 _habeas corpus_ +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. + +In the mean time, I have the honor to be, with the highest respect, Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + +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. + + + + +LETTER LXVII.--TO JOHN ADAMS, June 23, 1785 + + +TO JOHN ADAMS. + +Paris, June 23, 1785. + +Dear Sir, + +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. + +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 _Corps Diplomatique_, 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. + +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. + +I am, with great esteem, dear Sir, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER LXVIII.--TO COLONEL MONROE, July 5, 1785 + + +TO COLONEL MONROE. + +Paris, July 5, 1785. + +Dear Sir, + +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.* + +[* The remainder of this letter is in cipher, to which there is no key +in the Editor’s possession.] + +Yours affectionately, + +Th: Jefferson + + + + +LETTER LXIX.--TO MRS. SPROWLE, July 5,1785 + + +TO MRS. SPROWLE. + +Paris, July 5,1785. + +Madam, + +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. + +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. + +I am, Madam, + +your very humble servant, + +Th: Jefferson. + + + + +LETTER LXX.--TO JOHN ADAMS, July 7, 1785 + + +TO JOHN ADAMS. + +Paris, July 7, 1785. + +Dear Sir, + +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 _pro +hac vice_, 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. + +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. + +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. + +I am, with sincere affection, Dear Sir, + +your friend and servant, + +Th: Jefferson. + + +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. + + + + +LETTER LXXI.--TO GENERAL WASHINGTON, July 10, 1785 + + +TO GENERAL WASHINGTON. + +Paris, July 10, 1785. + +Dear Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, with the highest respect and esteem, + +Dear Sir, your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXII.--TO THE GOVERNOR OF VIRGINIA, July 11, 1785 + + +TO THE GOVERNOR OF VIRGINIA. + +Paris, July 11, 1785. + +Sir, + +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 _sine qua non_, 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. + +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. + +I have the honor to be, with due respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + +[Illustration: Suggested Packet Project, page251] + + + + +LETTER LXXIII.--TO THE PRESIDENT OF CONGRESS, July 12, 1785 + + +TO THE PRESIDENT OF CONGRESS. + +(Private.) Paris, July 12, 1785. + +Dear Sir, + +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. + +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. + +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. + +I have the honor to be, with sentiments of great respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXIV.--TO THE VIRGINIA DELEGATES IN CONGRESS, July 12,1785 + + +TO THE VIRGINIA DELEGATES IN CONGRESS. + +Paris, July 12,1785. + +Gentlemen, + +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. + +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. + +I am, with sentiments of the highest respect, Gentlemen, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXV.--TO JOHN JAY, July 12,1785 + + +TO JOHN JAY. + +Paris, July 12,1785. + +Sir, + +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. + +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. + +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. + +I have the honor to be, with sentiments of the highest respect, Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXVI.--TO MONSIEUR BRIET, July 13, 1785 + +TO MONSIEUR BRIET. + +Paris, July 13, 1785. + +Sir, + +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. + +I have the honor to be, Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXVII.--TO MESSRS. FRENCH AND NEPHEW, July 13,1785 + + +TO MESSRS. FRENCH AND NEPHEW. + +Paris, July 13,1785. + +Gentlemen, + +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. + +I have the honor to be, Gentlemen, + +your most obedient, humble servant, + +Th: Jefferson + + + + +LETTER LXXVIII.--TO DR. STILES, July 17,1785 + +TO DR. STILES. + +Sir, + +Paris, July 17,1785. + +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 +_Bibliothèque Physico-oeconomique_, 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 _Connoissance des Terns_ 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 _nébuleuses_ 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 _Bibliothèque +Physico-oeconomique_, 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. + +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. + +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. + +I have the honor to be, with the highest respect and esteem, Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXIX.--TO JOHN ADAMS, July 28, 1785 + +TO JOHN ADAMS. + +Paris, July 28, 1785. + +Dear Sir, + +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. + +The difficulties of getting books into Paris, delayed for some time my +receipt of the _Corps Diplomatique_ 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. + +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. + +Congress is not likely to adjourn this summer. They have passed an +ordinance for selling their lands. I have not received it. + +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. + +Be pleased to present me in the most friendly terms to the ladies, and +believe me to be, with great esteem, + +Dear Sir, your friend and servant, + +Th: Jefferson. + + + + +LETTER LXXX.--TO HOGENDORP, July 29, 1785 + + +TO HOGENDORP. + +Paris, July 29, 1785. + +Dear Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, with very high esteem, Dear Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + + +LETTER LXXXI.--TO MESSRS. N. AND J. VAN STAPHORST, July 30, 1785 + +TO MESSRS. N. AND J. VAN STAPHORST, Amsterdam. + +Paris, July 30, 1785. + +Gentlemen, + +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. + +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, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER LXXXII.--TO JOHN ADAMS, July 31, 1785 + + +TO JOHN ADAMS. + +Paris, July 31, 1785. + +Dear Sir, + +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 _gentis amicissimæ_ 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. + +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. + +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. + +With compliments to the ladies and to Colonel Smith, + +I am, dear Sir, + +your friend and servant, + +Th: Jefferson.* + +[* The original of this letter was in cipher. But annexed to the copy in +cipher, is the above literal copy by the author.] + + + + +LETTER LXXXIII.--TO M. DE CASTRIES, August 3,1785 + + +TO M. DE CASTRIES. + +Paris, August 3,1785. + +Sir, + +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. + +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. + +I have the honor to be, with sentiments of the most perfect respect, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER LXXXIV.--TO CAPTAIN JOHN PAUL JONES, August 3,1785 + + +TO CAPTAIN JOHN PAUL JONES. + +Paris, August 3,1785. + +Sir, + +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. + +I am, with much respect, Sir, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER LXXXV.--TO JOHN ADAMS, August 6, 1785 + + +TO JOHN ADAMS. + +Paris, August 6, 1785. + +Dear Sir, + +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, + +Dear Sir, your friend and servant, + +Th: Jefferson. + + + + +LETTER LXXXVI.--TO DR. PRICE, August 7,1785 + + +TO DR. PRICE. + +Paris, August 7,1785. + +Sir, + +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. + +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. + +I pray you to be assured of the sincerity of the esteem and respect, +with which I have the honor to be, Sir, + +your most obedient, + +humble servant, + +Th: Jefferson. + + + + +LETTER LXXXVII.--TO JOHN ADAMS, August 10,1785 + + +TO JOHN ADAMS. + +Paris, August 10,1785. + +Dear Sir, + +Your favor of the 4th instant came to hand yesterday. I now enclose you +the two _Arrêts_ 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 _Arrêt_ 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 +_Arrêts_ 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. + +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, + +I am, dear Sir, your friend and servant, + +Th: Jefferson. + + + + +LETTER LXXXVIII.--TO MRS. SPROWLE, August 10, 1785 + + +TO MRS. SPROWLE. + +Paris, August 10, 1785. + +Madam, + +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. + +I am, with much respect, Madam, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER LXXXIX.--TO CAPTAIN JOHN PAUL JONES, August 13, 1785 + + +TO CAPTAIN JOHN PAUL JONES. + +Paris, August 13, 1785. + +Sir, + +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. + +I am, with much esteem, Sir, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER XC.--TO MESSRS. BUCHANAN AND HAY, August 13, 1785 + + +TO MESSRS. BUCHANAN AND HAY. + +Paris, August 13, 1785. + +Gentlemen, + +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. + +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. + +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, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XCI.--TO JOHN JAY, August 14, 1785 + + +TO JOHN JAY. + +Paris, August 14, 1785. + +Sir, + +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. + +A French vessel has lately refused the salute to a British armed vessel +in the channel. The _Chargé des Affaires_ 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 +_Arrêt_ 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. + +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. + +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. + +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, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XCII.--TO THE COUNT DE VERGENNES, August 15, 1785 + + +TO THE COUNT DE VERGENNES. + +Paris, August 15, 1785. + +Sir, + +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. + +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. + +This costing eight sous the pound, delivered in + +a port of France, amounts to...............9,600,000 livres. + +Allow six sous a pound, as the average cost of the + +different manufactures.....................7,200,000 + +The revenue which the King derives from this, is + +something less than.......................30,000,000 + +Which would make the cost of the whole... 46,800,000 + +But it is sold to the consumers at an average of + +three livres the pound....................72,000,000 + +There remain then for the expenses + +of collection............................ 25,200,000 livres. + +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. + +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. + +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. + +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. + +The cost, manufacture, and revenue, on twenty-four million pounds + +of tobacco being (as before stated)................46,800,000 livres. + +Five per cent, on thirty millions of livres, + +expenses of collection .............................1,500,000 + +Give what the consumers would pay, being + +about two livres a pound...........................48,300,000 + +But they pay at present three livres a pound...... 72,000,000 + +The difference is..................................23,700,000 + +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. + +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. + +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. + +I avail myself of this occasion to repeat the assurance of that high +respect and esteem, with which I have the honor to be + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER XCIII.--TO CAPTAIN JOHN PAUL JONES, August 17, 1785 + + +TO CAPTAIN JOHN PAUL JONES. + +Sir, + +Paris, August 17, 1785. + +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 +_Ordonnateur_, 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, + +I am, with much respect, Sir, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER XCIV.--TO WILLIAM CARMICHAEL, August 18, 1785 + + +TO WILLIAM CARMICHAEL. + +Pads, August 18, 1785. + +Dear Sir, + +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. + +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, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER XCV.--TO PETER CARR--Advice to a young man, Aug. 19, 1785 + + +TO PETER CARR. + +Paris, August 19, 1785. + +Dear Peter, + +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. + +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. + + * Livy, Sullust, Cæsar, Cicero’s Epistles, Suetonius, + Tacitus, Gibbon. + +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, + +Your’s affectionately, + +Th: Jefferson. + + + + +LETTER XCVI.--TO JOHN PAGE, August 20 1785 + + +TO JOHN PAGE. + +Paris, August 20 1785. + +Dear Page, + +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. + +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. + +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. + +I shall send you with this, if I can., and if not, then by the first +good conveyance, the _Connoissance des Tems_ 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 _Bibliothèque Physico-oeconomique_. 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, + +Th: Jefferson. + + + + +LETTER XCVII.--TO JOHN JAY, August 23, 1785 + + +TO JOHN JAY. + +(Private.) Paris, August 23, 1785. + +Dear Sir, + +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?’ + +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. + +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. + +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. + +I have the honor to be, with very sincere esteem, Dear Sir, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER XCVIII.--TO COLONEL MONROE, August 28, 1735 + +TO COLONEL MONROE. + +Paris, August 28, 1735. + +Dear Sir, + +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 _Arrêt_ 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. + +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. + +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. + +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. + +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. + +I am, with very sincere esteem, dear Sir, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER XCIX.--TO CAPTAIN JOHN PAUL JONES, August 29,1785 + + +TO CAPTAIN JOHN PAUL JONES. + +Paris, August 29,1785. + +Sir, + +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. + +I am, Sir, with great esteem, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER C.--TO JOHN JAY, August 30,1785 + +TO JOHN JAY. + +Paris, August 30,1785. + +Sir, + +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. + +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. + +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. + +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. + +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. + +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, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CI.--TO JAMES MADISON, September 1,1785 + + +TO JAMES MADISON. + +Paris, September 1,1785. + +Dear Sir, + +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. + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CII.--TO MESSRS. DUMAS AND SHORT, September 1, 1785 + + +TO MESSRS. DUMAS AND SHORT. + +Paris, September 1, 1785. + +Gentlemen, + +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. + +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. + +The errors of the copyist, in the French column, you will correct of +course. + +I have the honor to be, with very high esteem, Gentlemen, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CIII.--TO JOHN ADAMS, September 4, 1785 + + +TO JOHN ADAMS. + +Paris, September 4, 1785. + +Dear Sir, + +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. + +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. + +I have the honor to be, with the highest respect, Dear Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + +[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.] + + +HEADS FOR A LETTER TO THE EMPEROR OF MOROCCO. + +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. + +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. + +That Great Britain had solemnly confirmed their separation and +acknowledged their independence. + +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. + +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. + +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. + +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. + +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. + +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. + + +HEADS OF INSTRUCTION TO MR. BARCLAY. + +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. + +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. + +From thence you will proceed, by such route as you shall think best, to +the court of the Emperor. + +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. + +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. + +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. + +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. + + +HEADS OF INQUIRY FOR MR. BARCLAY, AS TO MOROCCO. + +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? + +2. Ports. What are their principal ports? What depth of water in them? +What works of defence protect these ports? + +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? + +4. Prisoners. What is their condition and treatment? At what price are +they ordinarily redeemed, and how? + +Do they pay respect to the treaties they make? + +Land forces. Their numbers, constitution, and respectability? + +Revenues. Their amount. + +Coins. What coins pass there, and at what rates? + + + + +LETTER CIV.--TO DAVID HARTLEY, September 5, 1785 + + +TO DAVID HARTLEY. + +Paris, September 5, 1785. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CV.--TO BARON GEISMER, September 6, 1785 + + +TO BARON GEISMER. + +Paris, September 6, 1785. + +Dear Sir, + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CVI.--TO JOHN LANGDON, September 11, 1785 + + +TO JOHN LANGDON. + +Paris, September 11, 1785. + +Dear Sir, + +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. + +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 + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson + + + + +LETTER CVII.--LISTER ASQUITH, September 14, 1785 + + +TO LISTER ASQUITH. + +Paris, September 14, 1785. + +Sir, + +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, + +your very humble servant, + +Th: Jefferson. + + + + +LETTER CVIII.--TO JOHN ADAMS, September 19, 1785 + + +TO JOHN ADAMS. + +Paris, September 19, 1785. + +Dear Sir, + +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. + +I am, with great esteem, + +your friend and servant, + +Th: Jefferson.* + + [* 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.] + + + + +LETTER CIX.--TO JAMES MADISON, September 20, 1785 + + +TO JAMES MADISON. + +Paris, September 20, 1785. + +Dear Sir, + +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. + +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 +_Maison Quarrée_ (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. + +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. + +Yours affectionately, + +Th: Jefferson. + + + + +LETTER CX.--TO EDMUND RANDOLPH, September 20,1785 + + +TO EDMUND RANDOLPH. + +Paris, September 20,1785. + +Dear Sir, + +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 _Le Code de l’Humanité_. 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 _Dictionnaire Diplomatique_, and better also +than the same branch of the _Encyclopédie Méthodigue_. There has been +nothing published here, since I came, of extraordinary merit. The +_Encyclopédie Méthodique_, 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. + +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 _Maison Quarrée_ 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. + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXI.--TO JOHN ADAMS, September 24, 1785 + + +TO JOHN ADAMS. + +Paris, September 24, 1785. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, with the most perfect esteem, Dear Sir, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXII.--TO JOHN ADAMS, September 24,1785 + +TO JOHN ADAMS. + +Paris, September 24,1785. + +Dear Sir, + +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. + +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 _dernier ressort_. +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. + +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. + +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, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CXIII.--TO F. HOPKINSON, September 25, 1785 + + +TO F. HOPKINSON. + +Paris, September 25, 1785. + +Dear Sir, + +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. + +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 _desideratum_ 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. + +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. + +I am, with very sincere esteem, Dear Sir, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXIV.--TO LISTER ASQUITH, September 26,1785 + + +TO LISTER ASQUITH. + +Paris, September 26,1785. + +Sir, + +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. + +I am, Sir, your very humble servant, + +Th: Jefferson. + + + + +LETTER CXV.--TO R. IZARD, September 26,1783 + + +TO R. IZARD. + +Paris, September 26,1783. + +Dear Sir, + +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. + +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 _desideratum_ 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. + +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 + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXVI.--TO RICHARD O’BRYAN, September 29, 1785 + + +TO RICHARD O’BRYAN. + +Paris, September 29, 1785. + +Sir, + +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, + +your very humble servant, + +Th: Jefferson. + + + + +LETTER CXVII.--TO MR. BELLINI, September 30,1785 + + +TO MR. BELLINI. + +Paris, September 30,1785. + +Dear Sir, + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXVIII.--JAMES MADISON, October 2, 1785 + + +JAMES MADISON, of William and Mary College. + +Paris, October 2, 1785. + +Dear Sir, + +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. + +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 _Encyclopédie_, 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. + +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 +_Bibliothèque Physico-oeconomique_, which will give you most of the +late improvements in the arts; the _Connoissance des Terns_ 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. + +In the last volume of the _Connoissance des Terns_, 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. + +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 _n_ 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. + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXIX.--TO DR. FRANKLIN, October 5,1785 + + +TO DR. FRANKLIN. + +Paris, October 5,1785. + +Dear Sir, + +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. + +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. + +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. + +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. + +I am, with the sincerest attachment and respect, Dear Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXX.--TO SAMUEL OSGOOD, October 5, 1785 + + +TO SAMUEL OSGOOD. + +Paris, October 5, 1785. + +Dear Sir, + +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. + +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. + +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. + +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. + +I am, with the most perfect esteem, Dear Sir, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXXI.--TO JOHN JAY, October 6, 1785 + + +TO JOHN JAY. + +Paris, October 6, 1785. + +Sir, + +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. + +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. + +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. + +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. + +This will be accompanied by the gazettes of France and Ley-den, to the +present date. + +I have the honor to be, with sentiments of the highest esteem and +respect, Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXII.--TO ELBRIDGE GERRY, October 11, 1785 + + +TO ELBRIDGE GERRY. + +Paris, October 11, 1785. + +Dear Sir, + +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. + +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. + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXXIII.--TO THE COUNT DE VERGENNES, October 11, 1785 + + +TO THE COUNT DE VERGENNES. + +Paris, October 11, 1785. + +Sir, + +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. + +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, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXIV.--TO JOHN JAY, October 11,1785 + + +TO JOHN JAY. + +Paris, October 11,1785. + +Sir, + +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. + +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 _secrétaire +d’ambassade_ 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.’ + +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 _Arrêt_ 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 _charge des affaires of Naples_, 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, + +Sir, your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXV.--TO MESSRS. VAN STAPHORST, October 12, 1785 + + +TO MESSRS. VAN STAPHORST. + +Paris, October 12, 1785. + +Gentlemen, + +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. + +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. + +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. + +I have the honor to be, with high respect, Gentlemen, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXVI.--TO MONSIEUR DESBORDES, October 12,1785 + + +TO MONSIEUR DESBORDES. + +Paris, October 12,1785. + +Sir, + +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, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CXXVII.--TO HOGENDORP, October 13,1785 + + +TO HOGENDORP. + +Paris, October 13,1785. + +Dear Sir, + +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. + +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. + +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. + +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, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXVIII.--TO J. BANNISTER, JUNIOR, October 15,1785 + + +TO J. BANNISTER, JUNIOR. + +Paris, October 15,1785. + +Dear Sir, + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXXIX.--TO MR. CARMICHAEL, October 18, 1785 + + +TO MR. CARMICHAEL. + +Paris, October 18, 1785. + +Dear Sir, + +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. + +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. + +I have the honor to be, with great esteem, Dear Sir, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXXX.--TO MESSRS. VAN STAPHORSTS, October 25,1785 + + +TO MESSRS. VAN STAPHORSTS. + +Paris, October 25,1785. + +Gentlemen, + +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. + +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. + +i have the honor to be, with the highest respect, gentlemen, + +your most obedient humble servant, + +Th: Jefferson. + + + + +LETTER CXXXI.--TO WILLIAM CARMICHAEL, November 4, 1785 + + +TO WILLIAM CARMICHAEL. + +Paris, November 4, 1785. + +Dear Sir, + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +I am, with great respect, Dear Sir, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CXXXII.--TO RICHARD O’BRYAN, November 4, 1785 + + +TO RICHARD O’BRYAN. + +Paris, November 4, 1785. + +Sir, + +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. + +I am, Sir, your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CXXXIII.--TO W. W. SEWARD, November 12,1785 + + +TO W. W. SEWARD. + +Paris, November 12,1785. + +Sir, + +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. + +I have the honor to be, with the highest respect for yourself and the +company for whom you write, Sir, + +your most obedient + +and most humble servant, + +Tm: Jefferson. + + + + +LETTER CXXXIV.--TO THE COUNT DE VERGENNES, November 14,1785 + + +TO THE COUNT DE VERGENNES. + +Paris, November 14,1785. + +Sir, + +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 + +and most humble servant, + +Th: Jefferson. + + +_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_. + +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. + + * 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. + +June 24. The weather becomes worse. One of the fore shrouds and the +foremast, carried away. + +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. + +June 29. The first observation they had been able to take N.lat. 38° +13’. + +June 30. Winds begin to be light, but the sea still very heavy. + +July 5. Light winds and a smooth sea for the first time, in lat. 43° +12’. + +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. + +Aug. 6. Thick weather and strong wind. Made the Land’s End of England. + +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. + +Aug. 8. Made the land of France, but did not know what part. + +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 _commis_ of the +_Fermes_, 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. + + * 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. + +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 _employés des Fermes_, 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. + +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. + +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. + + + + +LETTER CXXXV.--TO JOHN ADAMS, November 19, 1785 + + +TO JOHN ADAMS. + +Paris, November 19, 1785. + +Dear Sir, + +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. + +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. + +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 _Arrêts_ 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 _Arrêt_ 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. + +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. + +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. + +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? + +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 _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_. 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. + +I received, a few days ago, the _Nuova Minuta_ 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. + +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. + +I am, with very great esteem, Dear Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXXVI.--TO THE COUNT DE VERGENNES, November 20, 1785 + + +TO THE COUNT DE VERGENNES. + +Paris, November 20, 1785. + +Sir, + +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. + +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 +_Arrêt_ 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 _Arrêts_ 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. + +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 + +I have the honor to be, + +your Excellency’s + +most obedient and most humble servant, + +Th: Jefferson. + + + + +LETTER CXXXVII.--TO LISTER ASQUITH, November 23, 1785 + + +TO LISTER ASQUITH. + +Paris, November 23, 1785. + +Sir, + +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, + +your very humble servant, + +Th: Jefferson. + + + + +LETTER CXXXVIII.--TO JOHN ADAMS, November 27, 1785 + + +TO JOHN ADAMS. + +Paris, November 27, 1785. + +Dear Sir, + +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. + +To the very judicious observations on the subjects of the conference, +which were made by you, I have little to add. + +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. + +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. + +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. + +Salt. I do not know where the northern States supplied themselves with +salt, but the southern ones took great quantities from Portugal. + +Cotton and Wool. The southern States will take manufactures, of both: +the northern, will take both the manufactures and raw materials. + +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. + +Coffee. Can they not furnish us with this article from Brazil? + +Sugar. The Brazil sugars are esteemed, with us, more than any other. + +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. + +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. + +Ginseng. We can furnish them with enough to supply their whole demand +for the East Indies. + +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. + +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. + +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. + +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. + +Article 9. Add, from the British draught, the clause about wrecks. + +Article 13. The passage ‘nevertheless,’ &c. to run as in the British +draught. + +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. + +Article 19. Can we get this extended to the Brazils? It would be +precious in case of war with Spain. + +Article 23. Between ‘places’ and ‘whose,’ insert ‘and in general, all +others,’ as in the British draught. + +Article 24. For ‘necessaries,’ substitute ‘comforts.’ + +Article 25. Add ‘but if any such consuls shall exercise commerce,’ &c. +as in the British draught. + +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. + +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. + +I am, with sincere esteem, Dear Sir, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXXXIX.--TO COLONEL HUMPHREYS, December 4,1785 + + +TO COLONEL HUMPHREYS. + +Paris, December 4,1785. + +Dear Sir, + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXL.--TO JOHN ADAMS, December 10, 1785 + + +TO JOHN ADAMS, + +Paris, December 10, 1785. + +Dear Sir, + +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 _gentis amicissimæ_. 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. + +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 _petites affiches_. +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. + +I have the honor to be, with very sincere esteem, Dear Sir, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CXLI.--TO JOHN ADAMS, December 11, 1785 + + +TO JOHN ADAMS. + +Paris, December 11, 1785. + +Dear Sir, + +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. + +I have the honor to be, with very great esteem, Dear Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXLII.--TO THE COUNT DE VERGENNES, December 21, 1785 + + +TO THE COUNT DE VERGENNES. + +Paris, December 21, 1785. + +Sir, + +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. + +I have the honor to be, with very great respect, your Excellency’s most +obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXLIII.--TO THE GOVERNOR OF GEORGIA, December 22, 1785 + + +TO THE GOVERNOR OF GEORGIA. + +Paris, December 22, 1785. + +Sir, + +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. + +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, + +your Excellency’s most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXLIV.--TO THE GEORGIA DELEGATES IN CONGRESS, Dec. 22, 1785 + +TO THE GEORGIA DELEGATES IN CONGRESS. + +Paris, December 22, 1785. + +Gentlemen, + +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. + +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. + +I have the honor to be, with sentiments of the highest respect, +Gentlemen, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CXLV.--TO JOHN ADAMS, December 27, 1785 + + +TO JOHN ADAMS. + +Paris, December 27, 1785. + +Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CXLVI.--TO JOHN JAY, January 2,1786 + + +TO JOHN JAY. + +Sir, + +Paris, January 2,1786 + +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. + +***** + +I am, Sir, your most obedient + +and most humble servant, + +Th: Jefferson. + + [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.] + +***** + +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. + +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. + +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. + +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. + +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, _ab intestato_, 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. + + +_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_. + +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. + +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. + +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. + +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. + +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. + +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 _ab intestato_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + + + + +LETTER CXLVII.--TO T. HOPKINSON, January 3, 1786 + + +TO T. HOPKINSON. + +Paris, January 3, 1786. + +Dear Sir, + +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. + +Turning to your _Encyclopédie, Arts et Metiers_, 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 _largo, adagio, +andante, allegro, presto_. The circle is moreover divided into fifty-two +equal degrees. _Largo_ is at 1, _adagio_ at 11, _andante_ at 22, +_allegro_ at 36, and _presto_ 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 _andante_, or moderate _allegro_. 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 + +[Illustration: The Plexi-Chronometer, page391] + +Every one, therefore, may make a chronometer adapted to his instrument. + +For a harpsichord, the following occurs to me: + +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. + +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 _aqua regia_. 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. + +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 _Encyclopédie_, 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 _chargé des affaires_ 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, + +your friend and servant, + +Th: Jefferson. + + +P.S. What is become of the Lunarium for the King? + + + + +LETTER CXLVIII.--TO GENERAL WASHINGTON, January 4, 1786 + + +TO GENERAL WASHINGTON. + +Paris, January 4, 1786. + +Dear Sir, + +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. + +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. + +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. + +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. + +I have the honor to be, with the highest esteem and respect, Dear Sir, + +your most obedient and + +most humble servant, + +Tm: Jefferson. + + + + +LETTER CXLIX.--TO A. CARY, January 7, 1786 + +TO A. CARY. + +Paris, January 7, 1786. + +Dear Sir, + +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. + +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. + +I am with very sincere esteem, Dear Sir, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CL.--TO MAJOR GENERAL GREENE, January 12, 1786 + + +TO MAJOR GENERAL GREENE. + +Paris, January 12, 1786. + +Dear Sir, + +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. + +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, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CLI.--TO LISTER ASQUITH, January 13, 1786 + + +TO LISTER ASQUITH. + +Paris, January 13, 1786. + +Sir, + +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. + +I am, Sir, your most humble servant, + +Th: Jefferson. + + + + +RE QUESTIONS FOR _ECONOMIE POLITIQUE ET DIPLOMATIQUE_ + + [The following were answers by Mr. Jefferson to questions + addressed to him by Monsieur de Meusnier, author of that + part of the _Encylopédie Méthodique_, entitled _Economie + Politique et Diplomatique_.] + +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? + +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. + +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. + +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. + +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. + +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.’ + + +2. How far is it permitted to bring on the reconsideration of a question +which Congress has once determined? + +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. + +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. + +3. A succinct account of paper money, in America? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + + + + +ARTICLE BY JEFFERSON: ‘_Etats Unis,_’ FOR THE _Encyclopédie Méthodique_ + + [The succeeding observations were made by Mr. Jefferson on + an article entitled ‘_Etats Unis_,’ prepared for the + _Encyclopédie Méthodique_, and submitted to him before its + publication.] + +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. + +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. + +Page 26. ‘_Une puissance, en effet,_’ &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. + +Page 105. As to the change of the 8th article of Confederation, for +quotaing requisitions of money on the States. + +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. + +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. + +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. + +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. + +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. + +Page 139. It was in 1783, and not in 1781, that Congress quitted +Philadelphia. + +Page 140, ‘_Le Congrès qui se trouvoit a la portée des rebelles fut +effrayé._’ 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. + +Page 155, I. 2. Omit ‘_La dette actuelle,_’ &c. + +And also, ‘_Les details,_’ &c. &c. to the end of the paragraph, ‘_celles +des Etats Unis_’ 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. + + [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.] + +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. + +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. + +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. + +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. + +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. + +Page 172. ‘_Les Americains levant après une banqueroute,_ &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 ‘_aucun espoir,_’ 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.’ + +Page 182. ‘_Les officiers et les soldats ont été payés_,’ &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. + +Page 191. ‘_Quoique la loi dont nous parlons, ne s’observe plus en +Angleterre_.’ ‘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. + +Page 193. ‘_Le remboursement presentera des difficultés des sommes +considérables_,’ &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.’ + +Page 226. ‘_Qu’on abolisse les privilèges du clergé_.’ 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.’ + +Page 239. ‘_Les commissaires veulent_,’ &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. + +Ibid. ‘_Mal-aisé d’indiquer la nuance précise,_’ &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. + +Page 240. ‘_Les officiers Americains,_’ &c. to page 264, ‘_qui le +méritoient_.’ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Page 268. ‘_Et en effet la population_,’ &c. Page 270. ‘_Plus de +confiance_.’ + +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. + +[Illustration: Population Estimates--1775, page422] + +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. + +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. + +[Illustration: Population Estimates--1785, page424] + +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. + +Page 272.’_Comportera, peut être, une population de 30,000,000_.’ 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. + +Page 280, line five. ‘_Huit des onze Etats_,’ &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. + +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.’ + +Page 286. ‘_L’autorité du Congrès étoit nécessaire_.’ 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.’ + +***** + +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. + +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. + +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.’ + + [The following are the articles of the treaty with Prussia, + referred to in the preceding observations.] + +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. + +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. + +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. + + + + +LETTER CLII.--TO MR. RITTENHOUSE, January 25,1786 + + +TO MR. RITTENHOUSE. + +Paris, January 25,1786. + +Dear Sir, + +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, + +humble servant, + +Th: Jefferson. + + + + +LETTER CLIII.--TO A. STEWART, January 25, 1786 + + +TO A. STEWART. + +Paris, January 25, 1786. + +Dear Sir, + +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. + +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. + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CLIV.--TO THE COMMISSIONERS OF THE TREASURY, January 26, 1786 + + +TO THE COMMISSIONERS OF THE TREASURY. + +Paris, January 26, 1786. + +Gentlemen, + +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. + +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. + +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. + +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. + +I have the honor to be, with the most perfect respect and esteem, +Gentlemen, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CLV.--TO MESSRS. BUCHANAN AND HAY, January 26, 1786 + + +TO MESSRS. BUCHANAN AND HAY. + +Paris, January 26, 1786. + +Gentlemen, + +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 _Maison Quarrée_, 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 _Maison Quarrée_ 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. + +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. + +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. + +I have the honor to be, with sentiments of the most perfect esteem, +Gentlemen, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CLVI.--TO JOHN ADAMS, February 7, 1786 + + +TO JOHN ADAMS. + +Paris, February 7, 1786. + +Dear Sir, + +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. + +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. + +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. + +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, + +your friend and servant, + +Th: Jefferson. + + + + +LETTER CLVII.--TO JAMES MADISON, February 8, 1786 + +TO JAMES MADISON. + +Paris, February 8, 1786. + +Dear Sir, + +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. + +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. + +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. + +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? _A propos_ 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. + +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. + +I am, with a lively esteem, Dear Sir, + +your sincere friend and servant, + +Th: Jefferson. + + + + +LETTER CLVIII.--TO THE MARQUIS DE LA FAYETTE, February 9, 1786 + + +TO THE MARQUIS DE LA FAYETTE. + +Paris, February 9, 1786. + +Dear Sir, + +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. + +I have the honor to be, with sentiments of sincere esteem and respect, +Dear Sir, + +your most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CLIX.--TO MONSIEUR HILLIARD d’AUBERTEUIL, Feb. 20, 1786 + + +TO MONSIEUR HILLIARD d’AUBERTEUIL. + +Paris, February 20, 1786. + +Sir, + +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. + +I have the honor to be, with great respect, Sir, + +your most obedient, humble servant, + +Th: Jefferson. + + + + +LETTER CLX.--TO THE COUNT DE VERGENNES, February 28,1786 + + +TO THE COUNT DE VERGENNES. + +Paris, February 28,1786. + +Sir, + +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. + +I have the honor to be, with sentiments of the highest respect and +esteem, your Excellency’s + +most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CLXI.--TO MONSIEUR DE REYNEVAL, March 8, 1786 + + +TO MONSIEUR DE REYNEVAL. + +Paris, March 8, 1786. + +Sir, + +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: + +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. + +2. A box containing small tools for wooden and iron work, for my own +amusement. + +3. A box, probably, of books. + +4. I expect to bring with me a riding horse, saddle, &c. + +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. + +I have the honor to be, with sentiments of the most perfect esteem and +respect, Sir, , + +your most obedient servant, + +Th: Jefferson. + + + + +LETTER CLXII.--TO JOHN JAY, March 12, 1786 + + +TO JOHN JAY. + +London, March 12, 1786. + +Sir. + +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. + +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. + +I have the honor to be, with the highest respect and esteem, Sir, your +most obedient + +and most humble servant, + +Th: Jefferson. + + + + +LETTER CLXIII.--TO COLONEL HUMPHREYS, March 14, 1786 + + +TO COLONEL HUMPHREYS. + +London, March 14, 1786. + +Dear Sir, + +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, + +your sincere friend + +and most humble servant, + +Th: Jefferson. + + + + + +APPENDIX. + + + + +[NOTE A.]--TO THE GOVERNOR OF VIRGINIA. + + +Kaskaskias, Illinois, April 29,1779. + +Dear Sir, + +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. + +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. + +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. + +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. + +I am, with the greatest respect, + +your humble servant, + +G. R. Clarke. + +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. + + + + +IN COUNCIL, June 18, 1779 + + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Arch. Blair, C. C. + + + + +[NOTE B]--IN COUNCIL, September 29, 1779. + + +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. + +Arch. Blair, C. C. + + +Ordered, that Major John Hay be sent, also, under parole to the same +place. + +Arch. Blair, C. C. + + + + +[NOTE C]--IN COUNCIL, October 8, 1779. + + +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. + +Arch. Blair, C. C. + + + + +[NOTE D.]--FEMALE CONTRIBUTIONS, IN AID OF THE WAR, probably in 1780 + + [After letter XVII. in the MS. is inserted the following + memorandum.] + +Female Contributions, in aid of the War, probably in 1780. + +Mrs. Sarah Gary, of Scotchtown, a watch-chain, cost £7 sterling. + +Mrs.------ Ambler, five gold rings. + +Mrs. Rebecca Ambler, three gold rings. + +Mrs.---------- Nicholas, a diamond drop. + +Mrs. Griffin, of Dover, ten half joes. + +Mrs. Gilmer, five guineas. + +Mrs. Anne Ramsay (for Fairfax), one half joe, three guineas, three +pistereens, one bit. + +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. + +Mrs. Lewis (for Albemarle), £1559 8s. paper money, + +Mrs. Weldon, £39 18s. new, instead of £1600, old paper money, + +Mrs. Blackburn (for Prince William), seven thousand five hundred and six +dollars, paper money. + +Mrs. Randolph, the younger, of Chatsworth, eight hundred dollars. + +Mrs. Fitzhugh and others, £558. + + + + +[NOTE E.]--FROM LORD CORNWALLIS + + +Lord Cornwallis’s Letter to Lieutenant Colonel Nisbet Balfour, Commander +at Ninety Six. + +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. + +Cornwallis. + +August, 1780. + + + + +[NOTE F.]--TO LORD CORNWALLIS + + +TO LORD CORNWALLIS. + +Portsmouth, Virginia, November 4, 1780. + +My Lord, + +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. + +A. L. + + + + + +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 16781-0.txt or 16781-0.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. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. 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