Notwithstanding all these appearances of peace from France, we are,

besides our existing army of five thousand men, and additional army

of nine thousand (now officered and levying), passing a bill for

an eventual army of thirty regiments (thirty thousand) and for

rigimenting, brigading, officering, and exercising at the public

expense our volunteer army, the amount of which we know not. I enclose

you a copy of the bill, which has been twice read and committed in

Senate. To meet this expense, and that of the six seventy-fours and six

eighteens, part of the proposed fleet, we have opened a loan of five

millions at eight per cent., and authorize another of two millions: and,

at the same time, every man voting for these measures acknowledges

there is no probability of an invasion by France. While speaking of the

restoration of our vessel, I omitted to add, that it is said that our

government contemplate restoring the Frenchmen taken originally in the

same vessel, and kept at Lancaster as prisoners. This has furnished the

idea of calling her a cartel vessel, and pretending that she came as

such for an exchange of prisoners, which is false. She was delivered

free and without condition, but it does not suit to let any new evidence

appear of the desire of conciliation in France.

I believe it is now certain that the commissioners on the British debts

can proceed together no longer. I am told that our two have prepared a

long report, which will perhaps be made public. The result will be,

that we must recur again to negotiation, to settle the principles of the

British claims. You know that Congress rises on the 3rd of March, and

that if you have acceded to my prayers, I should hear from you at

least a week before our rising. Accept my affectionate salutations, and

assurances of the sincere esteem with which I am, Dear Sir, your friend

and servant,

Th: Jefferson.

LETTER CCXLIX.--TO JAMES MADISON, February 19, 1799

TO JAMES MADISON.

Philadelphia, February 19, 1799.

Dear Sir,

I wrote you last on the 11th; yesterday the bill for the eventual

army of thirty regiments (thirty thousand) and seventy-five thousand

volunteers, passed the Senate. By an amendment, the President was

authorized to use the volunteers for every purpose for which he can

use militia, so that the militia are rendered completely useless. The

friends of the bill acknowledge that the volunteers are a militia, and

agreed that they might properly be called the ‘Presidential militia.’

They are not to go out of their State without their own consent.

Consequently, all service out of the State is thrown on the

constitutional militia, the Presidential militia being exempted

from doing duty with them. Leblane, an agent from Desfourneaux,

of Guadaloupe, came in the Retaliation. You will see in the papers

Desfourneaux’s letter to the President, which will correct some

immaterial circumstances of the statement in my last. You will see the

truth of the main fact, that the vessel and crew were liberated without

condition. Notwithstanding this, they have obliged Leblane to receive

the French prisoners, and to admit, in the papers, the terms, ‘in

exchange for prisoners taken from us,’ he denying at the same time that

they consider them as prisoners, or had any idea of exchange. The object

of his mission was not at all relative to that; but they choose to keep

up the idea of a cartel, to prevent the transaction from being used

as evidence of the sincerity of the French government towards a

reconciliation. He came to assure us of a discontinuance of all

irregularities in French privateers from Guadaloupe. He has been

received very cavalierly. In the mean time, a Consul General is named to

St. Domingo: who may be considered as our Minister to Toussaint.

But the event of events was announced to the Senate yesterday. It is

this: it seems that soon after Gerry’s departure, overtures must have

been made by Pichon, French _Chargé d’Affaires_ at the Hague, to

Murray. They were so soon matured, that on the 28th of September,

1798, Talleyrand writes to Pichon, approving what had been done, and

particularly of his having assured Murray that whatever Plenipotentiary

the government of the United States should send to France to end our

differences, would undoubtedly be received with the respect due to the

representative of a free, independent, and powerful nation; declaring

that the President’s instructions to his Envoys at Paris, if they

contain the whole of the American government’s intentions, announce

dispositions which have been always entertained by the Directory; and

desiring him to communicate these expressions to Murray, in order to

convince him of the sincerity of the French government, and to prevail

on him to transmit them to his government. This is dated September the

28th, and may have been received by Pichon October the 1st; and nearly

five months elapse before it is communicated. Yesterday the President

nominated to the Senate William Vans Murray Minister Plenipotentiary to

the French republic, and added, that he shall be instructed not to go

to France, without direct and unequivocal assurances from the French

government that he shall be received in character, enjoy the due

privileges, and a minister of equal rank, title, and power, be appointed

to discuss and conclude our controversy by a new treaty. This had

evidently been kept secret from the federalists of both Houses, as

appeared by their dismay. The Senate have passed over this day without

taking it up. It is said they are graveled and divided; some are for

opposing, others do not know what to do. But in the mean time, they have

been permitted to go on with all the measures of war and patronage, and

when the close of the session is at hand it is made known. However,

it silences all arguments against the sincerity of France, and renders

desperate every further effort towards war. I enclose you a paper with

more particulars. Be so good as to keep it till you see me, and then

return it, as it is the copy of one I sent to another person, and is

the only copy I have. Since I began my letter I have received yours

of February the 7th and 8th, with its enclosures; that referred to my

discretion is precious, and shall be used accordingly.

Affectionate salutations to Mrs. Madison and yourself, and adieu.

Th: Jefferson,

LETTER CCL.--TO GENERAL KOSCIUSKO, February 21, 1799

TO GENERAL KOSCIUSKO.

Philadelphia, February 21, 1799.

My Dear Friend,

*****

On politics I must write sparingly, lest it should fall into the hands

of persons who do not love either you or me. The wonderful irritation

produced in the minds of our citizens by the X. Y. Z. story, has in a

great measure subsided. They begin to suspect and to see it coolly in

its true light. Mr. Gerry’s communications, with other information,

prove to them that France is sincere in her wishes for reconciliation;

and a recent proposition from that country, through Mr. Murray, puts the

matter out of doubt. What course the government will pursue, I know not.

But if we are left in peace, I have no doubt the wonderful turn in the

public opinion now manifestly taking place and rapidly increasing, will,

in the course of this summer, become so universal and so weighty, that

friendship abroad and freedom at home will be firmly established by the

influence and constitutional powers of the people at large. If we are

forced into war, we must give up political differences of opinion, and

unite as one man to defend our country. But whether at the close of such

a war, we should be as free as we are now, God knows. In fine, if war

takes place, republicanism has every thing to fear; if peace, be assured

that your forebodings and my alarms will prove vain; and that the spirit

of our citizens now rising as rapidly as it was then running crazy, and

rising with a strength and majesty which show the loveliness of freedom,

will make this government in practice, what it is in principle, a model

for the protection of man in a state of freedom and order. May Heaven

have in store for your country a restoration of these blessings, and you

be destined as the instrument it will use for that purpose. But if this

be forbidden by fate, I hope we shall be able to preserve here an asylum

where your love of liberty and disinterested patriotism will be for

ever protected and honored, and where you will find in the hearts of the

American people, a good portion of that esteem and affection which glow

in the bosom of the friend who writes this; and who with sincere prayers

for your health, happiness, and success, and cordial salutations, bids

you, for this time, adieu.

Th: Jefferson.

LETTER CCLI.--TO JAMES MADISON, February 26, 1799

TO JAMES MADISON.

Philadelphia, February 26, 1799.

Dear Sir,

My last to you was of the 19th; it acknowledged yours of the 8th. In

mine I informed you of the nomination of Murray. There is evidence that

the letter of Talleyrand was known to one of the Secretaries, therefore

probably to all; the nomination, however, is declared by one of them to

have been kept secret from them all. He added, that he was glad of it,

as, had they been consulted, the advice would have been against making

the nomination. To the rest of the party, however, the whole was a

secret till the nomination was announced. Never did a party show a

stronger mortification, and consequently, that war had been their

object. Dana declared in debate (as I have from those who were present)

that we had done every thing which might provoke France to war; that we

had given her insults which no nation ought to have borne; and yet she

would not declare war. The conjecture as to the executive is, that they

received Talleyrand’s letter before or about the meeting of Congress:

that not meaning to meet the overture effectually, they kept it secret,

and let all the war measures go on; but that just before the separation

of the Senate, the President, not thinking he could justify the

concealing such an overture, nor indeed that it could be concealed, made

a nomination, hoping that his friends in the Senate would take on their

own shoulders the odium of rejecting it; but they did not choose it.

The Hamiltonians would not, and the others could not, alone. The

whole artillery of the phalanx, therefore, was played secretly on the

President, and he was obliged himself to take a step which should parry

the overture while it wears the face of acceding to it. (Mark that I

state this as conjecture; but founded on workings and indications which

have been under our eyes.) Yesterday, therefore, he sent in a nomination

of Oliver Ellsworth, Patrick Henry, and William Vans Murray, Envoys

Extraordinary and Ministers Plenipotentiary to the French Republic, but

declaring the two former should not leave this country till they

should receive from the French Directory assurances that they should be

received with the respect due by the law of nations to their character,

&c. This, if not impossible, must at least keep off the day, so hateful

and so fatal to them, of reconciliation, and leave more time for new

projects of provocation. Yesterday witnessed a scandalous scene in the

House of Representatives. It was the day for taking up the report of

their committee against the alien and sedition laws, &.c. They held a

caucus and determined that not a word should be spoken on their side, in

answer to any thing which should be said on the other. Gallatin took up

the alien, and Nicholas the sedition law; but after a little while of

common silence, they began to enter into loud conversations, laugh,

cough, &c., so that for the last hour of these gentlemen’s speaking,

they must have had the lungs of a vendue-master to have been heard.

Livingston, however, attempted to speak. But after a few sentences, the

speaker called him to order, and told him what he was saying was not to

the question. It was impossible to proceed. The question was taken

and carried in favor of the report, fifty-two to forty-eight; the real

strength of the two parties is fifty-six to fifty. But two of the

latter have not attended this session. I send you the report of their

committee. I still expect to leave this on the 1st, and be with you on

the 7th of March. But it is possible I may not set out till the 4th, and

then shall not be with you till the 10th. Affectionately adieu.

Th: Jefferson.

LETTER CCLII.--TO T. LOMAX, March 12, 1799

TO T. LOMAX.

Monticello, March 12, 1799.

Dear Sir,

Your welcome favor of last month came to my hands in Philadelphia. So

long a time has elapsed since we have been separated by events, that

it was like a letter from the dead, and recalled to my memory very dear

recollections. My subsequent journey through life has offered nothing

which, in comparison with those, is not cheerless and dreary. It is a

rich comfort sometimes to look back on them.

I take the liberty of enclosing a letter to Mr. Baylor, open, because

I solicit your perusal of it. It will, at the same time, furnish the

apology for my not answering you from Philadelphia. You ask for any

communication I may be able to make, which may administer comfort to

you. I can give that which is solid. The spirit of 1776 is not dead.

It has only been slumbering. The body of the American people is

substantially republican. But their virtuous feelings have been played

on by some fact with more fiction; they have been the dupes of artful

manoeuvres, and made for a moment to be willing instruments in forging

chains for themselves. But time and truth have dissipated the delusion,

and opened their eyes. They see now that France has sincerely wished

peace, and their seducers have wished war, as well for the loaves and

fishes which arise out of war expenses, as for the chance of changing

the constitution, while the people should have time to contemplate

nothing but the levies of men and money. Pennsylvania, Jersey, and

New York are coming majestically round to the true principles. In

Pennsylvania, thirteen out of twenty-two counties had already petitioned

on the alien and sedition laws. Jersey and New York had begun the same

movement, and though the rising of Congress stops that channel for the

expression of their sentiment, the sentiment is going on rapidly, and

before their next meeting those three States will be solidly embodied

in sentiment with the six southern and western ones. The atrocious

proceedings of France towards this country had well nigh destroyed its

liberties. The Anglomen and monocrats had so artfully confounded the

cause of France with that of freedom, that both went down in the same

scale. I sincerely join you in abjuring all political connection with

every foreign power: and though I cordially wish well to the progress

of liberty in all nations, and would for ever give it the weight of our

countenance, yet they are not to be touched without contamination, from

their other bad principles. Commerce with all nations, alliance with

none, should be our motto.

Accept assurances of the constant and unaltered affection of, Dear Sir,

your sincere friend and servant,

Th: Jefferson.

LETTER CCLIII.--TO EDMUND RANDOLPH, August 18, 1799

TO EDMUND RANDOLPH.

Monticello, August 18, 1799

Dear Sir,

I received only two days ago your favor of the 12th, and as it was on

the eve of the return of our post, it was not possible to make so prompt

a despatch of the answer. Of all the doctrines which have ever been

broached by the federal government, the novel one, of the common law

being in force and cognizable as an existing law in their courts, is to

me the most formidable. All their other assumptions of ungiven powers

have been in the detail. The bank-law, the treaty-doctrine, the

sedition-act, alien-act, the undertaking to change the State laws of

evidence in the State courts by certain parts of the stamp-act, &c. &c.

have been solitary, inconsequential, timid things, in comparison with

the audacious, barefaced, and sweeping pretension to a system of law

for the United States, without the adoption of their legislature, and

so infinitely beyond their power to adopt. If this assumption be yielded

to, the State courts may be shut up, as there will then be nothing to

hinder citizens of the same State suing each other in the federal courts

in every case, as on a bond for instance, because the common law obliges

payment of it, and the common law they say is their law. I am happy you

have taken up the subject; and I have carefully perused and considered

the notes you enclosed, and find but a single paragraph which I do not

approve. It is that wherein (page 2) you say, that laws being emanations

from the legislative department, and, when once enacted, continuing

in force from a presumption that their will so continues, that that

presumption fails, and the laws of course fall, on the destruction of

that legislative department. I do not think this is the true bottom on

which laws and the administering them rest. The whole body of the nation

is the sovereign legislative, judiciary, and executive power for itself.

The inconvenience of meeting to exercise these powers in person, and

their inaptitude to exercise them, induce them to appoint special organs

to declare their legislative will, to judge, and to execute it. It is

the will of the nation which makes the law obligatory; it is their will

which creates or annihilates the organ which is to declare and

announce it. They may do it by a single person, as an Emperor of Russia

(constituting his declarations evidence of their will), or by a few

persons, as the aristocracy of Venice, or by a complication of councils,

as in our former regal government, or our present republican one. The

law being law because it is the will of the nation, is not changed by

their changing the organ through which they choose to announce their

future will; no more than the acts I have done by one attorney lose

their obligation by my changing or discontinuing that attorney. This

doctrine has been, in a certain degree, sanctioned by the federal

executive. For it is precisely that on which the continuance of

obligation from our treaty with France was established, and the doctrine

was particularly developed in a letter to Gouverneur Morris, written

with the approbation of President Washington and his cabinet. Mercer

once prevailed on the Virginia Assembly to declare a different doctrine

in some resolutions. These met universal disapprobation in this, as well

as the other States, and if I mistake not, a subsequent Assembly

did something to do away the authority of their former unguarded

resolutions. In this case, as in all others, the true principle will

be quite as effectual to establish the just deductions. Before the

revolution, the nation of Virginia had, by the organs they then thought

proper to constitute, established a system of laws, which they divided

into three denominations of, 1. common law; 2. statute law; 3. chancery:

or if you please, into two only, of 1. common law; 2. chancery. When

by the Declaration of Independence, they chose to abolish their former

organs of declaring their will, the acts of will already formally and

constitutionally declared, remained untouched. For the nation was not

dissolved, was not annihilated; its will, therefore, remained in full

vigor: and on the establishing the new organs, first of a convention,

and afterwards a more complicated legislature, the old acts of national

will continued in force, until the nation should, by its new organs,

declare its will changed. The common law, therefore, which was not

in force when we landed here, nor till we had formed ourselves into a

nation, and had manifested by the organs we constituted that the common

law was to be our law, continued to be our law; because the nation

continued in being, and because, though it changed the organs for

the future declarations of its will, yet it did not change its former

declarations that the common law was its law. Apply these principles to

the present case. Before the revolution there existed no such nation

as the United States: they then first associated as a nation, but for

special purposes only. They had all their laws to make, as Virginia had

on her first establishment as a nation. But they did not, as Virginia

had done, proceed to adopt a whole system of laws ready made to their

hand. As their association as a nation was only for special purposes,

to wit, for the management of their concerns with one another and with

foreign nations, and the States composing the association chose to give

it powers for those purposes and no others, they could not adopt any

general system, because it would have embraced objects on which this

association had no right to form or declare a will. It was not the organ

for declaring a national will in these cases. In the cases confided to

them, they were free to declare the will of the nation, the law, but

till it was declared there could be no law. So that the common law did

not become, _ipso facto_, law on the new association; it could

only become so by a positive adoption, and so far only as they were

authorized to adopt.

I think it will be of great importance, when you come to the proper

part, to portray at full length the consequences of this new doctrine,

that the common law is the law of the United States and that their

courts have, of course, jurisdiction co-extensive with that law, that is

to say, general over all cases and persons. But great heavens! Who could

have conceived in 1789, that within ten years we should have to combat

such windmills. Adieu. Yours affectionately.

Th: Jefferson.

LETTER CCLIV.--TO WILSON C. NICHOLAS, September 5, 1799

TO WILSON C. NICHOLAS.

Monticello, September 5, 1799.

Dear Sir,

Yours of August the 30th came duly to hand. It was with great regret

we gave up the hope of seeing you here, but, could not but consider the

obstacle as legitimate. I had written to Mr. Madison, as I had before

informed you, and had stated to him some general ideas for consideration

and consultation when we should meet. I thought something essentially

necessary to be said, in order to avoid the inference of acquiescence;

that a resolution or declaration should be passed, 1. answering the

reasonings of such of the States as have ventured into the field of

reason, and that of the committee of Congress, taking some notice, too,

of those States who have either not answered at all, or answered

without reasoning. 2. Making firm protestation against the precedent and

principle, and reserving the right to make this palpable violation of

the federal compact the ground of doing in future whatever we might now

rightfully do, should repetitions of these and other violations of

the compact render it expedient. 3. Expressing in affectionate and

conciliatory language our warm attachment to union with our sister

States, and to the instrument and principles by which we are united;

that we are willing to sacrifice to this every thing but the rights of

self-government in those important points which we have never yielded,

and in which alone we see liberty, safety, and happiness; that not at

all disposed to make every measure of error or of wrong, a cause of

scission, we are willing to look on with indulgence, and to wait with

patience, till those passions and delusions shall have passed over,

which the federal government have artfully excited to cover its own

abuses and conceal its designs, fully confident that the good sense of

the American people, and their attachment to those very rights which we

are now vindicating, will, before it shall be too late, rally with us

round the true principles of our federal compact. This was only meant to

give a general idea of the complexion and topics of such an instrument.

Mr. M. who came, as had been proposed, does not concur in the

reservation proposed above; and from this I recede readily, not only

in deference to his judgment, but because, as we should never think of

separation but for repeated and enormous violations, so these, when they

occur, will be cause enough of themselves.

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