No plan of a constitution has been yet given in. But I can state to

you the outlines of what the leading members have in contemplation.

The executive power in a hereditary King, with power of dissolving

the legislature and a negative on their laws; his authority in forming

treaties to be greatly restrained. The legislative to be a single House

of Representatives, chosen for two or three years. They propose a body

whom they call a Senate, to be chosen by the Provincial Assemblies, as

our federal Senate is, but with no power of negativing or amending

laws; they may only remonstrate on them to the representatives, who will

decide by a simple majority the ultimate event of the law. This body

will therefore be a mere council of revision. It is proposed that they

shall be of a certain age and property, and be for life. They may

make them also their court of impeachment. They will suppress the

parliaments, and establish a system of judicature somewhat like that of

England, with trial by jury in criminal cases, perhaps also in civil.

Each province will have a subordinate provincial government, and the

great cities, a municipal one on a free basis. These are the ideas

and views of the most distinguished members. But they may suffer great

modifications from the Assembly, and the longer the delay, the greater

will be the modifications. Considerable interval having taken place

since any popular execution, the aristocratic party is raising its head.

They are strengthened by a considerable defection from the patriots,

in consequence of the general suppression of the abuses of the 4th of

August, in which many were interested. Another faction too, of the most

desperate views, has acquired strength in the Assembly, as well as out

of it. These wish to dethrone the reigning branch, and transfer the

crown to the Duke d’Orleans. The members of this faction are mostly

persons of wicked and desperate fortunes, who have nothing at heart

but to pillage from the wreck of their country. The Duke himself is as

unprincipled as his followers; sunk in debaucheries of the lowest kind,

and incapable of quitting them for business; not a fool, yet not head

enough to conduct any thing. In fact, I suppose him used merely as a

tool, because of his immense wealth, and that he acquired a certain

degree of popularity by his first opposition to the government, then

credited to him as upon virtuous motives. He is certainly borrowing

money on a large scale. He is in understanding with the court of London,

where he had been long in habits of intimacy. The ministry here are

apprehensive, that that ministry will support his designs by war. I have

no idea of this, but no doubt, at the same time, that they will furnish

him money liberally to aliment a civil war, and prevent the regeneration

of this country.

It was suggested to me, some days ago, that the court of Versailles

were treating with that of London, for a surrender of their West India

possessions, in consideration of a great sum of money to relieve their

present distress. Every principle of common sense was in opposition

to this fact; yet it was so affirmed as to merit inquiry. I became

satisfied the government had never such an idea; but that the story

was not without foundation altogether; that something like this was in

contemplation between the faction of Orleans and the court of London, as

a means of obtaining money from that court. In a conversation with

the Count de Montmorin, two days ago, he told me their colonies were

speaking a language which gave them uneasiness, and for which there

was no foundation. I asked him if he knew any thing of what I have just

mentioned. He appeared unapprized of it, but to see at once that it

would be a probable speculation between two parties circumstanced and

principled as those two are. I apologized to him for the inquiries I had

made into this business, by observing that it would be much against

our interest, that any one power should monopolize all the West India

islands. ‘_Parde, assurément_,’ was his answer.

The emancipation of their islands is an idea prevailing in the minds

of several members of the National Assembly, particularly those most

enlightened and most liberal in their views. Such a step by this country

would lead to other emancipations or revolutions in the same quarter.

I enclose you some papers received from Mr. Carmichael, relative to the

capture of one of our vessels by a Morocco cruiser, and restitution

by the Emperor. I shall immediately write to M. Chiappe, to express a

proper sense of the Emperor’s friendly dispositions to us. I forward

also the public papers to the present date; and have the honor to be,

with sentiments of the most perfect esteem and respect, Sir, your most

obedient and most humble servant,

Th: Jefferson.

LETTER X.--TO JAMES MADISON, August 28,1789

TO JAMES MADISON.

Paris, August 28,1789.

Dear Sir,

My last to you was of July the 22nd. Since that, I have received yours

of May the 27th, June 13th and 30th. The tranquillity of the city has

not been disturbed since my last. Dissensions between the French and

Swiss guards occasioned some private combats, in which five or six were

killed. These dissensions are made up. The want of bread for some days

past has greatly endangered the peace of the city. Some get a little,

some none at all. The poor are the best served, because they besiege

perpetually the doors of the bakers. Notwithstanding this distress, and

the palpable impotence of the city administration to furnish bread to

the city, it was not till yesterday, that general leave was given to the

bakers to go into the country and buy flour for themselves, as they can.

This will soon relieve us, because the wheat harvest is well advanced.’

Never was there a country where the practice of governing too much, had

taken deeper root and done more mischief. Their declaration of rights

is finished. If printed in time, I will enclose a copy with this. It is

doubtful whether they will now take up the finance or the constitution

first. The distress for money endangers every thing. No taxes are paid,

and no money can be borrowed. Mr. Necker was yesterday to give in a

memoir to the Assembly, on this subject. I think they will give him

leave to put into execution any plan he pleases, so as to debarrass

themselves of this, and take up that of the constitution. No plan is

yet reported; but the leading members (with some small difference of

opinion) have in contemplation the following. The executive power in

a hereditary King, with a negative on laws, and power to dissolve the

legislature; to be considerably restrained in the making of

treaties, and limited in his expenses. The legislative in a House of

Representatives. They propose a Senate also, chosen on the plan of our

federal Senate, by the Provincial Assemblies, but to be for life, of

a certain age, (they talk of forty years), and certain wealth (four or

five hundred guineas a year), but to have no other power as to laws

but to remonstrate against them to the representatives, who will

then determine their fate by a simple majority. This you will readily

perceive is a mere council of revision, like that of New York, which,

in order to be something, must form an alliance with the King, to avail

themselves of his veto. The alliance will be useful to both, and to the

nation. The representatives to be chosen every two or three years.

The judiciary system is less prepared than any other part of the plan;

however, they will abolish the parliaments, and establish an order of

judges and justices, general and provincial, a good deal like ours, with

trial by jury in criminal cases certainly, perhaps also in civil. The

provinces will have Assemblies for their provincial government, and the

cities a municipal body for municipal government, all founded on

the basis of popular election. These subordinate governments, though

completely dependent on the general one, will be intrusted with almost

the whole of the details which our State governments exercise. They will

have their own judiciary, final in all but great cases, the executive

business will principally pass through their hands, and a certain local

legislature will be allowed them. In short, ours has been professedly

their model, in which such changes are made as a difference of

circumstances rendered necessary, and some others neither necessary nor

advantageous, but into which men will ever run, when versed in theory

and new in the practice of government, when acquainted with man only

as they see him in their books and not in the world. This plan will

undoubtedly undergo changes in the Assembly, and the longer it is

delayed, the greater will be the changes; for that Assembly, or rather

the patriotic part of it, hooped together heretofore by a common

enemy, are less compact since their victory. That enemy (the civil and

ecclesiastical aristocracy) begins to raise its head. The lees, too, of

the patriotic party, of wicked principles and desperate fortunes,

hoping to pillage something in the wreck of their country, are attaching

themselves to the faction of the Duke of Orleans: that faction is

caballing with the populace, and intriguing at London, the Hague, and

Berlin, and have evidently in view the transfer of the crown to the

Duke of Orleans. He is a man of moderate understanding, of no principle,

absorbed in low vice, and incapable of abstracting himself from the

filth of that, to direct any thing else. His name and his money,

therefore, are mere tools in the hands of those who are duping him.

*****

They may produce a temporary confusion, and even a temporary civil war,

supported, as they will be, by the money of England; but they cannot

have success ultimately. The King, the mass of the substantial people

of the whole country, the army, and the influential part of the clergy,

form a firm phalanx which must prevail. Should those delays which

necessarily attend the deliberations of a body of one thousand two

hundred men, give time to this plot to ripen and burst, so as to break

up the Assembly before any thing definitive is done, a constitution,

the principles of which are pretty well settled in the minds of the

Assembly, will be proposed by the national militia, (*****) urged by the

individual members of the Assembly, signed by the King and supported by

the nation, to prevail till circumstances shall permit its revision and

more regular sanction. This I suppose the _pis aller_ of their affairs,

while their probable event is a peaceable settlement of them. They fear

a war from England, Holland, and Prussia. I think England will give

money, but not make war. Holland would soon be afire, internally, were

she to be embroiled in external difficulties. Prussia must know this,

and act accordingly.

It is impossible to desire better dispositions towards us, than prevail

in this Assembly. Our proceedings have been viewed as a model for them

on every occasion; and though in the heat of debate men are generally

disposed to contradict every authority urged by their opponents, ours

has been treated like that of the Bible, open to explanation, but not to

question. I am sorry that in the moment of such a disposition, any thing

should come from us to check it. The placing them on a mere footing with

the English, will have this effect. When of two nations, the one has

engaged herself in a ruinous war for us, has spent her blood and money

to save us, has opened her bosom to us in peace, and received us almost

on the footing of her own citizens, while the other has moved heaven,

earth, and hell to exterminate us in war, has insulted us in all

her councils in peace, shut her doors to us in every part where her

interests would admit it, libelled us in foreign nations, endeavored to

poison them against the reception of our most precious commodities; to

place these two nations on a footing, is to give a great deal more

to one than to the other, if the maxim be true, that to make unequal

quantities equal, you must add more to one than the other. To say, in

excuse, that gratitude is never to enter into the motives of national

conduct, is to revive a principle which has been buried for centuries

with its kindred principles of the lawfulness of assassination, poison,

perjury, &c. All of these were legitimate principles in the dark ages

which intervened between ancient and modern civilization, but exploded

and held in just horror in the eighteenth century. I know but one code

of morality for men, whether acting singly or collectively. He who says

I will be a rogue when I act in company with a hundred others, but an

honest man when I act alone, will be believed in the former assertion,

but not in the latter. I would say with the poet, ‘_Hie niger est; hunc

tu, Romane, caveto_.’ If the morality of one man produces a just line of

conduct in him, acting individually, why should not the morality of one

hundred men produce a just line of conduct in them, acting together?

But I indulge myself in these reflections because my own feelings run me

into them; with you they were always acknowledged. Let us hope that our

new government will take some other occasion to show, that they mean to

proscribe no virtue from the canons of their conduct with other nations.

In every other instance, the new government has ushered itself to the

world as honest, masculine, and dignified. It has shown genuine dignity,

in my opinion, in exploding adulatory titles; they are the offerings of

abject baseness, and nourish that degrading vice in the people.

I must now say a word on the declaration of rights, you have been so

good as to send me. I like it, as far as it goes; but I should have been

for going further. For instance, the following alterations and additions

would have pleased me. Article 4. The people shall not be deprived of

their right to speak, to write, or otherwise to publish any thing

but false facts affecting injuriously the life, liberty, property, or

reputation of others, or affecting the peace of the confederacy

with foreign nations. Article 7. All facts put in issue before any

judicature, shall be tried by jury, except, 1. in cases of admiralty

jurisdiction, wherein a foreigner shall be interested; 2. in cases

cognizable before a court martial, concerning only the regular-officers

and soldiers of the United States, or members of the militia in actual

service in time of war or insurrection; and 3. in impeachments allowed

by the constitution. Article 8. No person shall be held in confinement

more than ------ days after he shall have demanded and been refused

a writ of habeas corpus by the judge appointed by law, nor more than

------ days after such a writ shall have been served on the person

holding him in confinement, and no order given on due examination for

his remandment or discharge, nor more than ------ hours in any place at

a greater distance than ------ miles from the usual residence of some

judge authorized to issue the writ of habeas corpus; nor shall that writ

be suspended for any term exceeding one year, nor in any place more

than ------ miles distant from the State or encampment of enemies or of

insurgents. Article 9. Monopolies may be allowed to persons for their

own productions in literature, and their own inventions in the arts, for

a term not exceeding ------ years, but for no longer term, and no other

purpose. Article 10. All troops of the United States shall stand _ipso

facto_ disbanded, at the expiration of the term for which their pay and

subsistence shall have been last voted by Congress, and all officers

and soldiers, not natives of the United States, shall be incapable of

serving in their armies by land, except during a foreign war. These

restrictions I think are so guarded, as to hinder evil only. However, if

we do not have them now, I have so much confidence in my countrymen, as

to be satisfied that we shall have them as soon as the degeneracy of our

government shall render them necessary.

I have no certain news of Paul Jones. I understand only, in a general

way, that some persecution on the part of his officers occasioned his

being called to Petersburg, and that though protected against them

by the Empress, he is not yet restored to his station. Silas Deane

is coming over to finish his days in America, not having one sous to

subsist on, elsewhere. He is a wretched monument of the consequences of

a departure from right. I will, before my departure, write Colonel Lee

fully the measures I pursued to procure success in his business, and

which as yet offer little hope; and I shall leave it in the hands of

Mr. Short to be pursued, if any prospect opens on him. I propose to sail

from Havre as soon after the first of October as I can get a vessel;

and shall consequently leave this place a week earlier than that. As my

daughters will be with me, and their baggage somewhat more than that of

mere voyageures, I shall endeavor, if possible, to obtain a passage for

Virginia directly. Probably I shall be there by the last of November. If

my immediate attendance at New York should be requisite for any purpose,

I will leave them with a relation near Richmond, and proceed immediately

to New York. But as I do not foresee any pressing purpose for that

journey immediately on my arrival, and as it will be a great saving of

time, to finish at once in Virginia, so as to have no occasion to return

there after having once gone on to the northward, I expect to proceed to

my own house directly. Staying there two months (which I believe will be

necessary), and allowing for the time I am on the road, I may expect to

be at New York in February, and to embark from thence or some eastern

port. You ask me if I would accept any appointment on that side of the

water? You know the circumstances which led me from retirement, step by

step, and from one nomination to another, up to the present. My object

is a return to the same retirement. Whenever, therefore, I quit

the present, it will not be to engage in any other office, and most

especially any one which would require a constant residence from home.

The books I have collected for you will go off for Havre in three or

four days, with my baggage. From that port, I shall try to send them by

a direct occasion to New York.

I am, with great and sincere esteem, Dear Sir, your affectionate friend

and servant,

Th: Jefferson.

P. S. I just now learn that Mr. Necker proposed yesterday to the

National Assembly a loan of eighty millions, on terms more tempting to

the lender than the former, and that they approved it, leaving him to

arrange the details, in order that they might occupy themselves at once

about the constitution. T. J.

LETTER XI.--TO JAMES MADISON, September 6, 1789

TO JAMES MADISON.

Paris, September 6, 1789.

Dear Sir,

I sit down to write to you, without knowing by what occasion I shall

send my letter. I do it, because a subject comes into my head, which I

wrould wish to develope[sp.] a little more than is practicable in the

hurry of the moment of making up general despatches.

The question, whether one generation of men has a right to bind another,

seems never to have been started either on this, or our side of the

water. Yet it is a question of such consequences as not only to merit

decision, but place also among the fundamental principles of every

government. The course of reflection in which we are immersed here, on

the elementary principles of society, has presented this question to my

mind; and that no such obligation can be so transmitted, I think very

capable of proof. I set out on this ground, which I suppose to be

self-evident, that _the earth belongs in usufruct to the living_: that

the dead have neither powers nor rights over it. The portion occupied by

any individual ceases to be his when himself ceases to be, and reverts

to the society. If the society has formed no rules for the appropriation

of its lands in severalty, it will be taken by the first occupants, and

these will generally be the wife and children of the decedent. If they

have formed rules of appropriation, those rules may give it to the wife

and children, or to some one of them, or to the legatee of the deceased.

So they may give it to his creditor.

But the child, the legatee, or creditor, takes it not by natural right,

but by a law of the society of which he is a member, and to which he

is subject. Then, no man can, by natural right, oblige the lands he

occupied, or the persons who succeed him in that occupation, to the

payment of debts contracted by him. For if he could, he might, during

his own life, eat up the usufruct of the lands for several generations

to come; and then the lands would belong to the dead, and not to the

living, which is the reverse of our principle.

What is true of every member of the society individually, is true of

them all collectively; since the rights of the whole can be no more than

the sum of the rights of the individuals. To keep our ideas clear when

applying them to a multitude, let us suppose a whole generation of men

to be born on the same day, to attain mature age on the same day, and

to die on the same day, leaving a succeeding generation in the moment of

attaining their mature age, all together. Let the ripe age be supposed

of twenty-one years, and their period of life thirty-four years more,

that being the average term given by the bills of mortality to persons

of twenty-one years of age. Each successive generation would, in this

way, come and go off the stage at a fixed moment, as individuals do now.

Then I say, the earth belongs to each of these generations during its

course, fully and in its own right. The second generation receives

it clear of the debts and incumbrances of the first, the third of the

second, and so on. For if the first could charge it with a debt, then

the earth would belong to the dead and not to the living generation.

Then no generation can contract debts greater than may be paid during

the course of its own existence. At twenty-one years of age, they

may bind themselves and their lands for thirty-four years to come; at

twenty-two, for thirty-three; at twenty-three, for thirty-two; and at

fifty-four, for one year only; because these are the terms of life which

remain to them at the respective epochs. But a material difference must

be noted, between the succession of an individual and that of a whole

generation. Individuals are parts only of a society, subject to the laws

of the whole. These laws may appropriate the portion of land occupied by

a decedent, to his creditor rather than to any other, or to his child,

on condition he satisfies the creditor. But when a whole generation,

that is, the whole society, dies, as in the case we have supposed, and

another generation or society succeeds, this forms a whole, and there

is no superior who can give their territory to a third society, who may

have lent money to their predecessors, beyond their faculties of paying.

What is true of generations succeeding one another at fixed epochs,

as has been supposed for clearer conception, is true for those

renewed daily, as in the actual course of nature. As a majority of the

contracting generation will continue in being thirty-four years, and a

new majority will then come into possession, the former may extend their

engagements to that term, and no longer. The conclusion, then, is, that

neither the representatives of a nation, nor the whole nation itself

assembled, can validly engage debts beyond what they may pay in their

own time, that is to say, within thirty-four years from the date of the

engagement.

To render this conclusion palpable, suppose that Louis the XIV. and XV.

had contracted debts in the name of the French nation, to the amount

of ten thousand milliards, and that the whole had been contracted in

Holland. The interest of this sum would be five hundred milliards, which

is the whole rent-roll or nett[sp.] proceeds of the territory of France.

Must the present generation of men have retired from the territory in

which nature produces them, and ceded it to the Dutch creditors? No;

they have the same rights over the soil on which they were produced, as

the preceding generations had. They derive these rights not from them,

but from nature. They, then, and their soil are, by nature, clear of the

debts of their predecessors. To present this in another point of

view, suppose Louis XV. and his cotemporary generation had said to the

money-lenders of Holland, Give us money, that we may eat, drink, and be

merry in our day; and on condition you will demand no interest till the

end of thirty-four years, you shall then, for ever after, receive

an annual interest of fifteen per cent. The money is lent on these

conditions, is divided among the people, eaten, drunk, and squandered.

Would the present generation be obliged to apply the produce of the

earth and of their labor, to replace their dissipations? Not at all.

I suppose that the received opinion, that the public debts of one

generation devolve on the next, has been suggested by our seeing,

habitually, in private life, that he who succeeds to lands is required

to pay the debts of his predecessor; without considering that this

requisition is municipal only, not moral, flowing from the will of the

society, which has found it convenient to appropriate the lands of a

decedent on the condition of a payment of his debts: but that between

society and society, or generation and generation, there is no municipal

obligation, no umpire, but the law of nature.

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3 · 第 2 / 50 段