Yours of November the 8th has been some time received; but it is in my

power to give little satisfaction as to its inquiries. Dr. Franklin had

many political enemies, as every character must, which, with decision

enough to have opinions, has energy and talent to give them effect on

the feelings of the adversary opinion. These enmities were chiefly in

Pennsylvania and Massachusetts. In the former, they were merely of

the proprietary party. In the latter, they did not commence till the

Revolution, and then sprung chiefly from personal animosities, which,

spreading by little and little, became at length of some extent. Dr.

Lee was his principal calumniator, a man of much malignity, who, besides

enlisting his whole family in the same hostility, was enabled, as the

agent of Massachusetts with the British government, to infuse it into

that State with considerable effect. Mr. Izard, the Doctor’s enemy

also, but from a pecuniary transaction, never countenanced these charges

against him. Mr. Jay, Silas Deane, Mr. Laurens, his colleagues also,

ever maintained towards him unlimited confidence and respect. That he

would have waived the formal recognition of our independence, I never

heard on any authority worthy notice. As to the fisheries, England was

urgent to retain them exclusively, France neutral, and I believe, that

had they been ultimately made a _sine qua non_, our commissioners (Mr.

Adams excepted) would have relinquished them, rather than have broken

off the treaty. To Mr. Adams’s perseverance alone, on that point, I

have always understood we were indebted for their reservation. As to the

charge of subservience to France, besides the evidence of his friendly

colleagues before named, two years of my own service with him at Paris,

daily visits, and the most friendly and confidential conversations,

convince me it had not a shadow of foundation. He possessed the

confidence of that government in the highest degree, insomuch, that

it may truly be said, that they were more under his influence, than

he under theirs. The fact is, that his temper was so amiable and

conciliatory, his conduct so rational, never urging impossibilities, or

even things unreasonably inconvenient to them, in short, so moderate

and attentive to their difficulties, as well as our own, that what his

enemies called subserviency, I saw was only that reasonable disposition,

which, sensible that advantages are not all to be on one side, yielding

what is just and liberal, is the more certain of obtaining liberality

and justice. Mutual confidence produces, of course, mutual influence,

and this was all which subsisted between Dr. Franklin and the government

of France.

I state a few anecdotes of Dr. Franklin, within my own knowledge, too

much in detail for the scale of Delaplaine’s work, but which may find a

cadre in some of the more particular views you contemplate. My health is

in a great measure restored, and our family join with me in affectionate

recollections and assurances of respect.

Th: Jefferson.

LETTER CXLVI.--TO M. DE NEUVILLE, December 13, 1818

TO M. DE NEUVILLE.

Monticello, December 13, 1818.

I thank your Excellency for the notice with which your letters favor me,

of the liberation of France from the occupation of the allied powers. To

no one, not a native, will it give more pleasure. In the desolation of

Europe, to gratify the atrocious caprices of Bonaparte, France sinned

much: but she has suffered more than retaliation. Once relieved from

the incubus of her late oppression, she will rise like a giant from

her slumbers. Her soil and climate, her arts and eminent science, her

central position and free constitution, will soon make her greater than

she ever was. And I am a false prophet if she does not, at some future

day, remind of her sufferings those who have inflicted them the most

eagerly. I hope, however, she will be quiet for the present, and risk

no new troubles. Her constitution, as now amended, gives as much of

self-government as perhaps she can yet bear, and will give more, when

the habits of order shall have prepared her to receive more. Besides the

gratitude which every American owes her, as our sole ally during the

war of independence, I am additionally affectioned by the friendships

I contracted there, by the good dispositions I witnessed, and by the

courtesies I received.

I rejoice, as a moralist, at the prospect of a reduction of the duties

on wine, by our national legislature. It is an error to view a tax on

that liquor as merely a tax on the rich. It is a prohibition of its use

to the middling class of our citizens, and a condemnation of them to

the poison of whiskey, which is desolating their houses. No nation is

drunken where wine is cheap; and none sober, where the dearness of wine

substitutes ardent spirits as the common beverage. It is, in truth, the

only antidote to the bane of whiskey. Fix but the duty at the rate of

other merchandise, and we can drink wine here as cheap as we do grog:

and who will not prefer it? Its extended use will carry health and

comfort to a much enlarged circle. Every one in easy circumstances (as

the bulk of our citizens are) will prefer it to the poison to which they

are now driven by their government. And the treasury itself will find

that a penny a piece from a dozen, is more than a groat from a single

one. This reformation, however, will require time. Our merchants know

nothing of the infinite variety of cheap and good wines to be had in

Europe; and particularly in France, in Italy, and the Grecian islands:

as they know little, also, of the variety of excellent manufactures and

comforts to be had any where out of England. Nor will these things be

known, nor of course called for here, until the native merchants of

those countries, to whom they are known, shall bring them forward,

exhibit, and vend them at the moderate profits they can afford. This

alone will procure them familiarity with us, and the preference they

merit in competition with corresponding articles now in use.

Our family renew with pleasure their recollections of your kind visit

to Monticello, and join me in tendering sincere assurances of the

gratification it afforded us, and of our great esteem and respectful

consideration.

Th: Jefferson.

LETTER CXLVII.--TO DOCTOR VINE UTLEY, March 21, 1819

TO DOCTOR VINE UTLEY.

Monticello, March 21, 1819.

Sir,

Your letter of February the 18th came to hand on the 1st instant; and

the request of the history of my physical habits would have puzzled me

not a little, had it not been for the model with which you accompanied

it, of Doctor Rush’s answer to a similar inquiry. I live so much like

other people, that I might refer to ordinary life as the history of my

own. Like my friend the Doctor, I have lived temperately, eating little

animal food, and that not as an aliment, so much as a condiment for the

vegetables, which constitute my principal diet. I double, however, the

Doctor’s glass and a half of wine, and even treble it with a friend;

but halve its effect by drinking the weak wines only. The ardent wines I

cannot drink, nor do I use ardent spirits in any form. Malt liquors

and cider are my table drinks, and my breakfast, like that also of

my friend, is of tea and coffee. I have been blest with organs of

digestion, which accept and concoct, without ever murmuring, whatever

the palate chooses to consign to them, and I have not yet lost a tooth

by age. I was a hard student until I entered on the business of life,

the duties of which leave no idle time to those disposed to fulfil

them; and now, retired, and at the age of seventy-six, I am again a hard

student. Indeed my fondness for reading and study revolts me from the

drudgery of letter-writing. And a stiff wrist, the consequence of an

early dislocation, makes writing both slow and painful. I am not so

regular in my sleep as the Doctor says he was, devoting to it from

five to eight hours, according as my company or the book I am reading

interests me; and I never go to bed without an hour, or half hour’s

previous reading of something moral, whereon to ruminate in the

intervals of sleep. But whether I retire to bed early or late, I rise

with the sun. I use spectacles at night, but not necessarily in the

day, unless in reading small print. My hearing is distinct in particular

conversation, but confused when several voices cross each other, which

unfits me for the society of the table. I have been more fortunate than

my friend in the article of health. So free from catarrhs that I have

not had one (in the breast, I mean) on an average of eight or ten years

through life. I ascribe this exemption partly to the habit of bathing my

feet in cold water every morning for sixty years past. A fever of more

than twenty-four hours I have not had above two or three times in my

life. A periodical headache has afflicted me occasionally, once, perhaps,

in six or eight years, for two or three weeks at a time, which seems

now to have left me; and, except on a late occasion of indisposition, I

enjoy good health; too feeble, indeed, to walk much, but riding without

fatigue six or eight miles a day, and sometimes thirty or forty. I may

end these egotisms, therefore, as I began, by saying that my life has

been so much like that of other people, that I might say with Horace,

to every one, ‘_Nomine mutato, narratur fabula de te_.’ I must not end,

however, without due thanks for the kind sentiments of regard you are

so good as to express towards myself; and with my acknowledgments for

these, be pleased to accept the assurances of my respect and esteem.

Th: Jefferson.

LETTER CXLVIII.--TO JOHN ADAMS, July 9, 1819

TO JOHN ADAMS.

Monticello, July 9, 1819.

Dear Sir,

I am in debt to you for your letters of May the 21st, 27th, and June

the 22nd. The first, delivered me by Mr. Greenwood, gave me the

gratification of his acquaintance; and a gratification it always is, to

be made acquainted with gentlemen of candor, worth, and information, as

I found Mr. Greenwood to be. That, on the subject of Mr. Samuel Adams

Wells, shall not be forgotten in time and place, when it can be used to

his advantage.

But what has attracted my peculiar notice, is the paper from Mecklenburg

county, of North Carolina, published in the Essex Register, which you

were so kind as to enclose in your last, of June the 22nd. And you

seem to think it genuine. I believe it spurious. I deem it to be a very

unjustifiable quiz, like that of the volcano, so minutely related to us

as having broken out in North Carolina, some half dozen years ago,

in that part of the country, and perhaps in that very county of

Mecklenburg, for I do not remember its precise locality. If this paper

be really taken from the Raleigh Register, as quoted, I wonder it should

have escaped Ritchie, who culls what is good from every paper, as the

bee from every flower; and the National Intelligencer, too, which is

edited by a North-Carolinian: and that the fire should blaze out all at

once in Essex, one thousand miles from where the spark is said to

have fallen. But if really taken from the Raleigh Register, who is the

narrator, and is the name subscribed real, or is it as fictitious as the

paper itself? It appeals, too, to an original book, which is burnt, to

Mr. Alexander, who is dead, to a joint letter from Caswell, Hughes, and

Hooper, all dead, to a copy sent to the dead Caswell, and another sent

to Doctor Williamson, now probably dead, whose memory did not recollect,

in the history he has written of North Carolina, this gigantic step

of its county of Mecklenburg. Horry, too, is silent in his history of

Marion, whose scene of action was the country bordering On Mecklenburg.

Ramsay, Marshall, Jones, Girardin, Wirt, historians of the adjacent

States, all silent. When Mr. Henry’s resolutions, far short of

independence, flew like lightning through every paper, and kindled both

sides of the Atlantic, this flaming declaration of the same date, of the

independence of Mecklenburg county, of North Carolina, absolving it from

the British allegiance, and abjuring all political connection with that

nation, although sent to Congress, too, is never heard of. It is not

known even a twelvemonth after, when a similar proposition is first made

in that body. Armed with this bold example, would not you have addressed

our timid brethren in peals of thunder, on their tardy fears? Would

not every advocate of independence have rung the glories of Mecklenburg

county, in North Carolina, in the ears of the doubting Dickinson and

others, who hung so heavily on us? Yet the example of independent

Mecklenburg county, in North Carolina, was never once quoted. The paper

speaks, too, of the continued exertions of their delegation (Caswell,

Hooper, Hughes,) ‘in the cause of liberty and independence.’ Now, you

remember as well as I do, that we had not a greater tory in Congress

than Hooper; that Hughes was very wavering, sometimes firm, sometimes

feeble, according as the day was clear or cloudy; that Caswell, indeed,

was a good whig, and kept these gentlemen to the notch, while he was

present; but that he left us soon, and their line of conduct became then

uncertain until Penn came, who fixed Hughes, and the vote of the State.

I must not be understood as suggesting any doubtfulness in the State

of North Carolina. No State was more fixed or forward. Nor do I affirm,

positively, that this paper is a fabrication: because the proof of a

negative can only be presumptive. But I shall believe it such until

positive and solemn proof of its authenticity shall be produced. And if

the name of McKnitt be real, and not a part of the fabrication, it needs

a vindication by the production of such proof. For the present, I must

be an unbeliever in the apocryphal gospel.

I am glad to learn that Mr. Ticknor has safely returned to his friends;

but should have been much more pleased had he accepted the Professorship

in our University, which we should have offered him in form. Mr.

Bowditch, too, refuses us; so fascinating is the _vinculum_ of the

_dulce natale solum_. Our wish is to procure natives, where they can be

found, like these gentlemen, of the first order of acquirement in

their respective lines; but preferring foreigners of the first order to

natives of the second, we shall certainly have to go, for several of our

Professors, to countries more advanced in science than we are.

I set out within three or four days for my other home, the distance

of which, and its cross mails, are great impediments to epistolary

communications. I shall remain there about two months; and there,

here, and every where, I am and shall always be, affectionately and

respectfully yours.

Th: Jefferson.

LETTER CXLIX.--TO JUDGE ROANE, September 6,1819

TO JUDGE ROANE.

Poplar Forest, September 6,1819.

Dear Sir,

I had read in the Enquirer, and with great approbation, the pieces

signed Hampden, and have read them again with redoubled approbation in

the copies you have been so kind as to send me. I subscribe to every

tittle of them. They contain the true principles of the revolution

of 1800, for that was as real a revolution in the principles of our

government as that of 1776 was in its form; not effected indeed by the

sword, as that, but by the rational and peaceable instrument of reform,

the suffrage of the people. The nation declared its will by dismissing

functionaries of one principle, and electing those of another, in the

two branches, executive and legislative, submitted to their election.

Over the judiciary department, the constitution had deprived them of

their control. That, therefore, has continued the reprobated system: and

although new matter has been occasionally incorporated into the old, yet

the leaven of the old mass seems to assimilate to itself the new; and

after twenty years’ confirmation of the federated system by the voice

of the nation, declared through the medium of elections, we find the

judiciary, on every occasion, still driving us into consolidation.

In denying the right they usurp of exclusively explaining the

constitution, I go further than you do, if I understand rightly your

quotation from the Federalist, of an opinion that ‘the judiciary is the

last resort in relation _to the other departments of the government_,

but not in relation to the rights of the parties to the compact under

which the judiciary is derived.’ If this opinion be sound, then indeed

is our constitution a complete _felo de se_. For intending to establish

three departments, co-ordinate and independent, that they might check

and balance one another, it has given, according to this opinion, to one

of them alone, the right to prescribe rules for the government of the

others, and to that one too, which is unelected by, and independent of

the nation. For experience has already shown that the impeachment it

has provided is not even a scare-crow; that such opinions as the one

you combat, sent cautiously out, as you observe also, by detachment, not

belonging to the case often, but sought for out of it, as if to rally

the public opinion beforehand to their views, and to indicate the line

they are to walk in, have been so quietly passed over as never to have

excited animadversion, even in a speech of any one of the body entrusted

with impeachment. The constitution, on this hypothesis, is a mere thing

of wax in the hands of the judiciary, which they may twist and shape

into any form they please. It should be remembered, as an axiom of

eternal truth in politics, that whatever power in any government is

independent, is absolute also; in theory only, at first, while the

spirit of the people is up, but in practice, as fast as that relaxes.

Independence can be trusted no where but with the people in mass. They

are inherently independent of all but moral law. My construction of

the constitution is very different from that you quote. It is that each

department is truly independent of the others, and has an equal right to

decide for itself what is the meaning of the constitution in the cases

submitted to its action; and especially, where it is to act ultimately

and without appeal. I will explain myself by examples, which, having

occurred while I was in office, are better known to me, and the

principles which governed them.

A legislature had passed the sedition-law. The federal courts

had subjected certain individuals to its penalties, of fine and

imprisonment. On coming into office, I released these individuals by the

power of pardon committed to executive discretion, which could never be

more properly exercised than where citizens were suffering without the

authority of law, or, which was equivalent, under a law unauthorized

by the constitution, and therefore null. In the case of Marbury and

Madison, the federal judges declared that commissions, signed and sealed

by the President, were valid, although not delivered. I deemed delivery

essential to complete a deed, which, as long as it remains in the hands

of the party, is as yet no deed, it is in posse only, but not in

esse, and I withheld delivery of the commissions. They cannot issue a

mandamus* to the President or legislature, or to any of their officers.

When the British treaty of 180- arrived, without any provision against

the impressment of our seamen, I determined not to ratify it. The Senate

thought I should ask their advice. I thought that would be a mockery of

them, when I was predetermined against following it, should they advise

its ratification. The constitution had made their advice necessary to

confirm a treaty, but not to reject it. This has been blamed by some;

but I have never doubted its soundness. In the cases of two persons,

antenati, under exactly similar circumstances, the federal court had

determined that one of them (Duane) was not a citizen; the House of

Representatives nevertheless determined that the other (Smith of South

Carolina) was a citizen, and admitted him to his seat in their body.

Duane was a republican, and Smith a federalist, and these decisions were

during the federal ascendancy.

* The constitution controlling the common law in this

particular.

These are examples of my position, that each of the three departments

has equally the right to decide for itself what is its duty under the

constitution, without any regard to what the others may have decided

for themselves under a similar question. But you intimate a wish that my

opinion should be known on this subject. No, dear Sir, I withdraw

from all contests of opinion, and resign every thing cheerfully to

the generation now in place. They are wiser than we were, and their

successors will be wiser than they, from the progressive advance of

science. Tranquillity is the _summum bonum_ of age. I wish, therefore,

to offend no man’s opinions, nor to draw disquieting animadversions

on my own. While duty required it, I met opposition with a firm and

fearless step. But, loving mankind in my individual relations with

them, I pray to be permitted to depart in their peace; and like the

superannuated soldier, ‘_quadragenis stipendiis emeritis_’ to hang my

arms on the post. I have unwisely, I fear, embarked in an enterprise of

great public concern, but not to be accomplished within my term, without

their liberal and prompt support. A severe illness the last year and

another from which I am just emerged, admonish me that repetitions may

be expected, against which a declining frame cannot long bear up. I am

anxious therefore to get our University so far advanced as may encourage

the public to persevere to its final accomplishment. That secured, I

shall sing my _Nunc demittas_. I hope your labors will be long continued

in the spirit in which they have always been exercised, in maintenance

of those principles on which I verily believe the future happiness of

our country essentially depends. I salute you with affectionate and

great respect.

Th: Jefferson.

LETTER CL.--TO JOHN ADAMS, December 10, 1819

TO JOHN ADAMS.

Monticello, December 10, 1819.

Dear Sir,

I have to acknowledge the receipt of your favor of November the 23rd.

The banks, bankrupt-law, manufacturers, Spanish treaty, are nothing.

These are occurrences which, like waves in a storm, will pass under

the ship. But the Missouri question is a breaker on which we lose the

Missouri country by revolt, and what more, God only knows. From the

battle of Bunker’s Hill to the treaty of Paris, we never had so ominous

a question. It even damps the joy with which I hear of your high health,

and welcomes to me the consequences of my want of it. I thank God that I

shall not live to witness its issue. _Sed hæc hactenus_.

I have been amusing myself latterly with reading the voluminous letters

of Cicero. They certainly breathe the purest effusions of an exalted

patriot, while the parricide Caesar is lost in odious contrast. When the

enthusiasm, however, kindled by Cicero’s pen and principles, subsides

into cool reflection, I ask myself, What was that government which the

virtues of Cicero were so zealous to restore, and the ambition of Caesar

to subvert? And if Caesar had been as virtuous as he was daring and

sagacious, what could he, even in the plenitude of his usurped power,

have done to lead his fellow-citizens into good government? I do not say

to restore it, because they never had it, from the rape of the Sabines

to the ravages of the Caesars. If their people indeed had been, like

ourselves, enlightened, peaceable, and really free, the answer would be

obvious. ‘Restore independence to all your foreign conquests, relieve

Italy from the government of the rabble of Rome, consult it as a

nation entitled to self-government, and do its will.’ But steeped in

corruption, vice, and venality, as the whole nation was, (and nobody

had done more than Caesar to corrupt it,) what could even Cicero, Cato,

Brutus, have done, had it been referred to them to establish a

good government for their country? They had no ideas of government

themselves, but of their degenerate Senate, nor the people of liberty,

but of the factious opposition of their tribunes. They had afterwards

their Tituses, their Trajans, and Antoninuses, who had the will to make

them happy, and the power to mould their government into a good and

permanent form. But it would seem as if they could not see their way

clearly to do it. No government can continue good, but under the control

of the people; and their people were so demoralized and depraved, as to

be incapable of exercising a wholesome control. Their reformation then

was to be taken up _ab incunabulis_. Their minds were to be informed by

education what is right and what wrong; to be encouraged in habits of

virtue, and deterred from those of vice, by the dread of punishments,

proportioned indeed, but irremissible; in all cases, to follow truth

as the only safe guide, and to eschew error, which bewilders us in one

false consequence after another, in endless succession. These are

the inculcations necessary to render the people a sure basis for the

structure of order and good government. But this would have been an

operation of a generation or two, at least, within which period would

have succeeded many Neros and Commoduses, who would have quashed the

whole process. I confess then, I can neither see what Cicero, Cato, and

Brutus, united and uncontrolled, could have devised to lead their people

into good government, nor how this enigma can be solved, nor how further

shown why it has been the fate of that delightful country never to have

known, to this day, and through a course of five and twenty hundred

years, the history of which we possess, one single day of free and

rational government. Your intimacy with their history, ancient, middle,

and modern, your familiarity with the improvements in the science of

government at this time, will enable you, if any body, to go back with

our principles and opinions to the limes of Cicero, Cato, and Brutus,

and tell us by what process these great and virtuous men could have led

so unenlightened and vitiated a people into freedom and good government,

_et eris mihi magnus Apollo. Cura ut valeas, et tibi persuadeas

carissimum te mihi esse_.

Th: Jefferson.

LETTER CLI.--TO WILLIAM SHORT, April 13, 1820

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