pretensions to a common law of the United States. I proposed to Mr.
M. to write to you but he observed that you knew his sentiments so
perfectly from a former conference, that it was unnecessary. As to the
preparing any thing, I must decline it, to avoid suspicions (which were
pretty strong in some quarters on the late occasion), and because there
remains still (after their late loss) a mass of talents in Kentucky
sufficient for every purpose. The only object of the present
communication is to procure a concert in the general plan of action, as
it is extremely desirable that Virginia and Kentucky should pursue the
same track on this occasion. Besides, how could you better while away
the road from hence to Kentucky, than in meditating this very subject
and preparing something yourself, than whom nobody will do it better.
The loss of your brother, and the visit of the apostle ------ to
Kentucky, excite anxiety. However, we doubt not that his poisons will
be effectually counterworked. Wishing you a pleasant journey and happy
return, I am with great and sincere esteem, Dear Sir, your affectionate
friend and servant,
Th: Jefferson.
LETTER CCLV.--TO JAMES MADISON, November 22, 1799
TO JAMES MADISON.
Monticello, November 22, 1799.
Dear Sir,
I have never answered your letter by Mr. Polk, because I expected to
have paid you a visit. This has been prevented by various causes, till
yesterday. That being the day fixed for the departure of my daughter
Eppes, my horses were ready for me to have set out to see you: an
accident postponed her departure to this day, and my visit also. But
Colonel Monroe dined with me yesterday, and on my asking his commands
for you, he entered into the subject of the visit and dissuaded it
entirely, founding the motives on the espionage of the little ------in
------ who would make it a subject of some political slander, and
perhaps of some political injury. I have yielded to his representations,
and therefore shall not have the pleasure of seeing you till my return
from Philadelphia. I regret it sincerely, not only on motives of
attention but of affairs. Some late circumstances changing considerably
the aspect of our situation, must affect the line of conduct to be
observed. I regret it the more too, because from the commencement of
the ensuing session, I shall trust the post-offices with nothing
confidential, persuaded that during the ensuing twelve months they will
lend their inquisitorial aid to furnish matter for newspapers. I shall
send you as usual printed communications, without saying any thing
confidential on them. You will of course understand the cause.
In your new station let me recommend to you the jury system: as also
the restoration of juries in the court of chancery, which a law not
long since repealed, because ‘the trial by jury is troublesome and
expensive.’ If the reason be good, they should abolish it at common law
also. If Peter Carr is elected in the room of ------ he will undertake
the proposing this business, and only need your support. If he is not
elected, I hope you will get it done otherwise. My best respects to Mrs.
Madison, and affectionate salutations to yourself.
Th: Jefferson.
LETTER CCLVI.--TO COLONEL MONROE, January 12, 1800
TO COLONEL MONROE.
Philadelphia, January 12, 1800.
Dear Sir,
Yours of January the 4th was received last night. I had then no
opportunity of communicating to you confidentially information of the
state of opinions here; but I learn to-night that two Mr. Randolphs will
set out to-morrow morning for Richmond. If I can get this into their
hands I shall send it; otherwise it may wait longer. On the subject of
an election by a general ticket or by districts, most persons here seem
to have made up their minds. All agree that an election by districts
wrould be best, if it could be general: but while ten States choose
either by their legislatures or by a general ticket, it is folly and
worse than folly for the other six not to do it. In these ten States the
minority is certainly unrepresented; and their majorities not only have
the weight of their whole State in their scale, but have the benefit of
so much of our minorities as can succeed at a district election.
This is, in fact, insuring to our minorities the appointment of the
government. To state it in another form; it is merely a question,
whether we will divide the United States into sixteen or one hundred
and thirty-seven districts. The latter being more chequered, and
representing the people in smaller sections, would be more likely to
be an exact representation of their diversified sentiments. But a
representation of a part by great, and a part by small sections, would
give a result very different from what would be the sentiment of the
whole people of the United States, were they assembled together. I have
to-day had a conversation with ------ who has taken a flying trip here
from New York. He says, they have really now a majority of the House of
Representatives, but, for want of some skilful person to rally round,
they are disjointed, and will lose every question. In the senate there
is a majority of eight or nine against us. But in the new election which
is to come on in April, three or four in the Senate will be changed in
our favor; and in the House of Representatives the county elections will
still be better than the last: but still all will depend on the city
election, which is of twelve members. At present there would be no doubt
of our carrying our ticket there; nor does there seem to be time for any
events arising to change that disposition. There is therefore the best
prospect possible of a great and decided majority on a joint vote of
the two Houses. They are so confident of this, that the republican party
there will not consent to elect either by districts or a general ticket.
They choose to do it by their legislature. I am told the republicans
of New Jersey are equally confident, and equally anxious against an
election either by districts or a general ticket. The contest in this
State will end in a separation of the present legislature without
passing any election law (and their former one has expired), and in
depending on the new one, which will be elected October the 14th,
in which the republican majority will be more decided in the
Representatives, and instead of a majority of five against us in the
Senate, will be of one for us. They will, from the necessity of the
case, choose the electors themselves. Perhaps it will be thought I ought
in delicacy to be silent on this subject. But you, who know me, know
that my private gratifications would be most indulged by that issue,
which should leave me most at home. If any thing supersedes this
propensity, it is merely the desire to see this government brought back
to its republican principles. Consider this as written to Mr. Madison as
much as yourself and communicate it, if you think it will do any good
to those possessing our joint confidence or any others where it may be
useful and safe. Health and affectionate salutations.
Th: Jefferson.
LETTER CCLVII.--TO SAMUEL ADAMS
TO SAMUEL ADAMS.
Philadelphia, February 26,1800.
Dear Sir,
Mr. Erving delivered me your favor of January the 31st, and I thank
you for making me acquainted with him. You will always do me a favor
in giving me an opportunity of knowing gentlemen as estimable in their
principles and talents, as I find Mr. Erving to be. I have not yet seen
Mr. Winthrop. A letter from you, my respectable friend, after three and
twenty years of separation, has given me a pleasure I cannot express. It
recalls to my mind the anxious days we then passed in struggling for the
cause of mankind. Your principles have been tested in the crucible of
time, and have come out pure. You have proved that it was monarchy, and
not merely British monarchy, you opposed. A government by representees,
elected by the people at short periods, was our object, and our maxim at
that day was, ‘Where annual election ends, tyranny begins’; nor have our
departures from it been sanctioned by the happiness of their effects.
A debt of an hundred millions growing by usurious interest, and an
artificial paper phalanx overruling the agricultural mass of our
country, with other et ceteras, have a portentous aspect.
I fear our friends on the other side the water, laboring in the same
cause, have yet a great deal of crime and of misery to wade through. My
confidence had been placed in the head, not in the heart of Bonaparte.
I hoped he would calculate truly the difference between the fame of a
Washington and a Cromwell. Whatever his views may be, he has at least
transferred the destinies of the republic from the civil to the military
arm. Some will use this as a lesson against the practicability of
republican government. I read it as a lesson against the danger of
standing armies. Adieu, my ever respected and venerable friend. May that
kind overruling Providence which has so long spared you to our
country, still foster your remaining years with whatever may make them
comfortable to yourself and soothing to your friends. Accept the cordial
salutations of your affectionate friend,
Th: Jefferson.
LETTER CCLVIII.--TO JAMES MADISON, March 4, 1800
TO JAMES MADISON.
Philadelphia, March 4, 1800.
Dear Sir,
I have never written to you since my arrival here, for reasons which
were explained. Yours of December the 29th, January the 4th, 9th, 12th,
18th, and February the 14th, have therefore remained unacknowledged.
I have at different times enclosed to you such papers as seemed
interesting. To-day I forward Bingham’s amendment to the election bill
formerly enclosed to you, Mr. Pinckney’s proposed amendment to the
constitution, and the report of the Ways and Means. Bingham’s amendment
was lost by the usual majority of two to one. A very different one will
be proposed, containing the true sense of the minority, viz. that
the two Houses, voting by heads, shall decide such questions as the
constitution authorizes to be raised. This may probably be taken up in
the other House under better auspices, for though the federalists have
a great majority there, yet they are of a more moderate temper than for
some time past. The Senate, however, seem determined to yield to nothing
which shall give the other House greater weight in the decision on
elections than they have.
Mr. Pinckney’s motion has been supported, and is likely to have some
votes which were not expected. I rather believe he will withdraw it, and
propose the same thing in the form of a bill; it being the opinion of
some that such a regulation is not against the present constitution. In
this form it will stand a better chance to pass, as a majority only
in both Houses will be necessary. By putting off the building the
seventy-fours and stopping enlistments, the loan will be reduced to
three and a half millions. But I think it cannot be obtained. For though
no new bankruptcies have happened here for some weeks, or in New York,
yet they continue to happen in Baltimore, and the whole commercial race
are lying on their oars, and gathering in their affairs, not knowing
what new failures may put their resources to the proof. In this state of
things they cannot lend money. Some foreigners have taken asylum among
us, with a good deal of money, who may perhaps choose that deposite.
Robbins’s affair has been under agitation for some days. Livingston made
an able speech of two and a half hours yesterday. The advocates of the
measure feel it pressure heavily; and though they may be able to repel
Livingston’s motion of censure, I do not believe they can carry Bayard’s
of approbation. The landing of our Envoys at Lisbon will risk a very
dangerous consequence, insomuch as the news of Truxton’s aggression will
perhaps arrive at Paris before our commissioners will. Had they gone
directly there, they might have been two months ahead of that news. We
are entirely without further information from Paris. By letters from
Bordeaux, of December the 7th, tobacco was then from twenty-five to
twenty-seven dollars per hundred. Yet did Marshall maintain on the
non-intercourse bill, that its price at other markets had never been
affected by that law. While the navigating and provision States, who are
the majority, can keep open all the markets, or at least sufficient
ones for their objects, the cries of the tobacco-makers, who are the
minority, and not at all in favor, will hardly be listened to. It is
truly the fable of the monkey pulling the nuts out of the fire with the
cat’s paw; and it shows that G. Mason’s proposition in the convention
was wise, that on laws regulating commerce, two thirds of the votes
should be requisite to pass them. However, it would have been trampled
under foot by a triumphant majority.
March 8. My letter has lain by me till now, waiting Mr. Trist’s
departure. The question has been decided to-day on Livingston’s
motion respecting Robbins; thirty-five for it, about sixty against it.
Livingston, Nicholas, and Gallatin distinguished themselves on one side,
and J. Marshall greatly on the other. Still it is believed they will not
push Bayard’s motion of approbation. We have this day also decided in:
Senate on the motion for overhauling the editor of the Aurora. It was
carried, as usual, by about two to one; H. Marshall voting of course
with them, as did, and frequently does ------: of ------ , who is
perfectly at market. It happens that the other party are so strong, that
they do not think either him or ------ worth buying. As the conveyance
is confidential, I can say something on a subject which, to those who do
not know my real dispositions respecting it, might seem indelicate. The
federalists begin to be very seriously alarmed about their election next
fall. Their speeches in private, as well as their public and private
demeanor to me, indicate it strongly. This seems to be the prospect.
Keep out Pennsylvania, Jersey, and New York, and the rest of the States
are about equally divided; and in this estimate it is supposed that
North Carolina and Maryland added together are equally divided. Then the
event depends on the three middle States before mentioned. As to them,
Pennsylvania passes no law for an election at the present session.
They confide that the next election gives a decided majority in the two
houses when joined together.
McKean, therefore, intends to call the legislature to meet immediately
after the new election, to appoint electors themselves. Still you will
be sensible there may arise a difficulty between the two Houses about
voting by heads or by Houses. The republican members here from Jersey
are entirely confident that their two Houses, joined together, have a
majority of republicans; their Council being republican by six or eight
votes, and the lower House federal by only one or two; and they have no
doubt the approaching election will be in favor of the republicans.
They appoint electors by the two Houses voting together. In New York all
depends on the success of the city election, which is of twelve members,
and of course makes a difference of twenty-four, which is sufficient to
make the two Houses, joined together, republican in their vote. Governor
Clinton, General Gates, and some other old revolutionary characters,
have been put on the republican ticket. Burr, Livingston, &c. entertain
no doubt on the event of that election. Still these are the ideas of the
republicans only in these three States, and we must make great allowance
for their sanguine views. Upon the whole, I consider it as rather more
doubtful than the last election, in which I was not deceived in more
than a vote or two. If Pennsylvania votes, then either Jersey or New
York giving a republican vote, decides the election. If Pennsylvania
does not vote, then New York determines the election. In any event,
we may say that if the city election of New York is in favor of the
republican ticket, the issue will be republican; if the federal ticket
for the city of New York prevails, the probabilities will be in favor
of a federal issue, because it would then require a republican vote both
from Jersey and Pennsylvania to preponderate against New York, on which
we could not count with any confidence. The election of New York being
in April, it becomes an early and interesting object. It is probable the
landing of our Envoys in Lisbon will add a month to our session; because
all that the eastern men are anxious about, is to get away before the
possibility of a treaty’s coming in upon us.
Present my respectful salutations to Mrs. Madison, and be assured of my
constant and affectionate esteem,
Th: Jefferson.
LETTER CCLIX.--TO JAMES MADISON, May 12, 1800
TO JAMES MADISON.
Philadelphia, May 12, 1800.
Dear Sir,
Congress will rise to-day or to-morrow. Mr. Nicholas proposing to call
on you, you will get from him the Congressional news. On the whole, the
federalists have not been able to carry a single strong measure in the
lower House the whole session. When they met, it was believed they had
a majority of twenty; but many of these were new and moderate men, and
soon saw the true character of the party to which they had been well
disposed while at a distance. The tide, too, of public opinion sets so
strongly against the federal proceedings, that this melted off their
majority, and dismayed the heroes of the party. The Senate alone
remained undismayed to the last. Firm to their purposes, regardless of
public opinion, and more disposed to coerce than to court it, not a man
of their majority gave way in the least; and on the election bill they
adhered to John Marshall’s amendment, by their whole number; and if
there had been a full Senate, there would have been but eleven
votes against it, which include H. Marshall, who has voted with the
republicans this session.
*****
Accept assurances of constant and affectionate esteem to Mrs. Madison
and yourself from, Dear Sir, your sincere friend and servant,
Th: Jefferson.
LETTER CCLX.--TO GIDEON GRANGER, August 13, 1800
TO GIDEON GRANGER.
Monticello, August 13, 1800.
Dear Sir,
I received with great pleasure your favor of June the 4th, and am much
comforted by the appearance of a change of opinion in your State; for
though we may obtain, and I believe shall obtain a majority in the
legislature of the United States, attached to the preservation of the
federal constitution according to its obvious principles, and those on
which it was known to be received; attached equally to the preservation
to the States of those rights unquestionably remaining with them;
friends to the freedom of religion, freedom of the press, trial by jury,
and to economical government; opposed to standing armies, paper systems,
war, and all connection, other than commerce, with any foreign nation;
in short, a majority firm in all those principles which we have espoused
and the federalists have opposed uniformly; still, should the whole body
of New England continue in opposition to these principles of government,
either knowingly or through delusion, our government will be a very
uneasy one. It can never be harmonious and solid, while so respectable a
portion of its citizens support principles which go directly to a change
of the federal constitution, to sink the State governments, consolidate
them into one, and to monarchize that. Our country is too large to have
all its affairs directed by a single government. Public servants at such
a distance, and from under the eye of their constituents, must, from the
circumstance of distance, be unable to administer and overlook all the
details necessary for the good government of the citizens, and the same
circumstance, by rendering detection impossible to their constituents,
will invite the public agents to corruption, plunder, and waste. And I
do verily believe, that if the principle were to prevail, of a common
law being in force in the United States, (which principle possesses the
General Government at once of all the powers of the State governments,
and reduces us to a single consolidated government) it would become the
most corrupt government on the earth. You have seen the practices by
which the public servants have been able to cover their conduct, or,
where that could not be done, delusions by which they have varnished it
for the eye of their constituents. What an augmentation of the field for
jobbing, speculating, plundering, office-building, and office-hunting
Would be produced by an assumption of all the State powers into the
hands of the General Government. The true theory of our constitution is
surely the wisest and best, that the States are independent as to every
thing within themselves, and united as to every thing respecting foreign
nations. Let the General Government be reduced to foreign concerns only,
and let our affairs be disentangled from those of all other nations,
except as to commerce, which the merchants will manage the better,
the more they are left free to manage for themselves, and our General
Government may be reduced to a very simple organization, and a very
unexpensive one; a few plain duties to be performed by a few servants.
But I repeat, that this simple and economical mode of government can
never be secured, if the New England States continue to support the
contrary system. I rejoice, therefore, in every appearance of their
returning to those principles which I had always imagined to be almost
innate in them. In this State, a few persons were deluded by the X.
Y. Z. duperies. You saw the effect of it in our last Congressional
representatives, chosen under their influence. This experiment on their
credulity is now seen into, and our next representation will be as
republican as it has heretofore been. On the whole, we hope, that by a
part of the Union having held on to the principles of the constitution,
time has been given to the States to recover from the temporary phrenzy
into which they had been decoyed, to rally round the constitution, and
to rescue it from the destruction with which it had been threatened even
at their own hands. I see copied from the American Magazine two numbers
of a paper signed Don Quixote, most excellently adapted to introduce the
real truth to the minds even of the most prejudiced.
I would, with great pleasure, have written the letter you desired in
behalf of your friend, but there are existing circumstances which
render a letter from me to that magistrate as improper as it would be
unavailing. I shall be happy, on some more fortunate occasion, to prove
to you my desire of serving your wishes.
I some time ago received a letter from a Mr. M’Gregory of Derby, in your
State; it is written with such a degree of good sense and appearance
of candor, as entitles it to an answer. Yet the writer being entirely
unknown to me, and the stratagems of the times very multifarious, I
have thought it best to avail myself of your friendship, and enclose the
answer to you. You will see its nature. If you find from the character
of the person to whom it is addressed, that no improper use would
probably be made of it, be so good as to seal and send it. Otherwise
suppress it.
How will the vote of your State and Rhode Island be as to A. and P.?
I am, with great and sincere esteem, Dear Sir, your friend and servant,
Th: Jefferson.
LETTER CCLXI.--TO URIAH M’GREGORY, August 13, 1800
TO URIAH M’GREGORY.
Monticello, August 13, 1800.
Sir,