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.