I am, with much affection, Dear Sir, your most obedient and most humble

servant,

Th: Jefferson.

LETTER CXVII.--TO JAMES MADISON, December 20, 1787

TO JAMES MADISON.

Paris, December 20, 1787.

Dear Sir,

My last to you was of October the 8th, by the Count de Moustier.

Yours of July the 18th, September the 6th, and October the 24th, were

successively received, yesterday, the day before, and three or four

days before that. I have only had time to read the letters; the printed

papers communicated with them, however interesting, being obliged to lie

over till I finish my despatches for the packet, which despatches must

go from hence the day after to-morrow. I have much to thank you for;

first and most for the ciphered paragraph respecting myself. These

little informations are very material towards forming my own decisions.

I would be glad even to know, when any individual member thinks I have

gone wrong in any instance. If I know myself, it would not excite ill

blood in me, while it would assist to guide my conduct, perhaps to

justify it, and to keep me to my duty, alert. I must thank you too, for

the information in Thomas Burke’s case; though you will have found by a

subsequent letter, that I have asked of you a further investigation of

that matter. It is to gratify the lady who is at the head of the convent

wherein my daughters are, and who, by her attachment and attention to

them, lays me under great obligations, I shall hope, therefore, still

to receive from you the result of all the further inquiries my

second letter had asked. The parcel of rice which you informed me had

miscarried, accompanied my letter to the Delegates of South Carolina.

Mr. Bourgoin was to be the bearer of both, and both were delivered

together into the hands of his relation here, who introduced him to

me, and who, at a subsequent moment, undertook to convey them to Mr.

Bourgoin. This person was an engraver, particularly recommended to

Dr. Franklin and Mr. Hopkinson. Perhaps he may have mislaid the little

parcel of rice among his baggage. I am much pleased, that the sale

of western lands is so successful. I hope they will absorb all the

certificates of our domestic debt speedily, in the first place, and that

then, offered for cash, they will do the same by our foreign ones.

The season admitting only of operations in the cabinet, and these

being in a great measure secret, I have little to fill a letter, I

will therefore make up the deficiency, by adding a few words on the

constitution proposed by our convention.

I like much the general idea of framing a government, which should go on

of itself, peaceably, without needing continual recurrence to the

State legislatures. I like the organization of the government into

legislative, judiciary, and executive. I like the power given the

legislature to levy taxes, and for that reason solely, I approve of the

greater House being chosen by the people directly. For though I think

a House, so chosen, will be very far inferior to the present Congress,

will be very illy qualified to legislate for the Union, for foreign

nations, &c.; yet this evil does not weigh against the good of

preserving inviolate the fundamental principle, that the people are

not to be taxed but by representitives[sp.] chosen immediately by

themselves. I am captivated by the compromise of the opposite claims of

the great and little States, of the latter to equal, and the former to

proportional influence. I am much pleased, too, with the substitution

of the method of voting by persons, instead of that of voting by States:

and I like the negative given to the Executive, conjointly with a third

of either House; though I should have liked it better, had the judiciary

been associated for that purpose, or invested separately with a similar

power. There are other good things of less moment.

I will now tell you what I do not like. First, the omission of a bill of

rights, providing clearly, and without the aid of sophism, for freedom

of religion, freedom of the press, protection against standing armies,

restriction of monopolies, the eternal and unremitting force of the

_habeas corpus_ laws, and trials by jury in all matters of fact triable

by the laws of the land, and not by the laws of nations. To say, as Mr.

Wilson does, that a bill of rights was not necessary, because all is

reserved in the case of the general government which is not given, while

in the particular ones, all is given which is not reserved, might do

for the audience to which it was addressed: but it is surely a _gratis

dictum_, the reverse of which might just as well be said; and it is

opposed by strong inferences from the body of the instrument, as well as

from the omission of the clause of our present Confederation, which had

made the reservation in express terms. It was hard to conclude, because

there has been a want of uniformity among the States as to the cases

triable by jury, because some have been so incautious as to dispense

with this mode of trial in certain cases, therefore the more prudent

States shall be reduced to the same level of calamity. It would have

been much more just and wise to have concluded the other way, that as

most of the States had preserved with jealousy this sacred palladium of

liberty, those who had wandered, should be brought back to it: and to

have established general right rather than general wrong. For I consider

all the ill as established, which maybe established. I have a right to

nothing, which another has a right to take away; and Congress will have

a right to take away trials by jury in all civil cases. Let me add,

that a bill of rights is what the people are entitled to against every

government on earth, general or particular; and what no just government

should refuse, or rest on inference.

The second feature I dislike, and strongly dislike, is the abandonment,

in every instance, of the principle of rotation in office, and most

particularly in the case of the President. Reason and experience tell

us, that the first magistrate will always be re-elected if he may be

re-elected. He is then an officer for life.

This once observed, it becomes of so much consequence to certain

nations, to have a friend or a foe at the head of our affairs, that they

will interfere with money and with arms. A Galloman, or an Angloman,

will be supported by the nation he befriends. If once elected, and at a

second or third election outvoted by one or two votes, he will pretend

false votes, foul play, hold possession of the reins of government,

be supported by the States voting for him, especially if they be the

central ones, lying in a compact body themselves, and separating their

opponents; and they will be aided by one nation in Europe, while the

majority are aided by another. The election of a President of America,

some years hence, will be much more interesting to certain nations of

Europe, than ever the election of a King of Poland was. Reflect on all

the instances in history, ancient and modern, of elective monarchies,

and say, if they do not give foundation for my fears; the Roman

Emperors, the Popes while they were of any importance, the German

Emperors till they became hereditary in practice, the Kings of Poland,

the Deys of the Ottoman dependencies. It may be said, that if elections

are to be attended with these disorders, the less frequently they

are repeated the better. But experience says, that to free them from

disorder, they must be rendered less interesting by a necessity of

change. No foreign power, nor domestic party, will waste their blood and

money to elect a person, who must go out at the end of a short period.

The power of removing every fourth year by the vote of the people, is

a power which they will not exercise, and if they were disposed

to exercise it, they would not be permitted. The King of Poland is

removable every day by the diet. But they never remove him. Nor would

Russia, the Emperor, &c. permit them to do it. Smaller objections are,

the appeals on matters of fact as well as law; and the binding all

persons, legislative, executive, and judiciary, by oath, to maintain

that constitution. I do not pretend to decide, what would be the best

method of procuring the establishment of the manifold good things in

this constitution, and of getting rid of the bad. Whether by adopting

it, in hopes of future amendment; or, after it shall have been duly

weighed and canvassed by the people, after seeing the parts they

generally dislike, and those they generally approve, to say to them,

‘We see now what you wish. You are willing to give to your federal

government such and such powers: but you wish, at the same time, to have

such and such fundamental rights secured to you, and certain sources of

convulsion taken away. Be it so. Send together your deputies again. Let

them establish your fundamental rights by a sacrosanct declaration, and

let them pass the parts of the constitution you have approved. These

will give powers to your federal government sufficient for your

happiness.’ This is what might be said, and would probably produce a

speedy, more perfect, and more permanent form of government. At all

events, I hope you will not be discouraged from making other trials, if

the present one should fail. We are never permitted to despair of

the commonwealth. I have thus told you freely what I like, and what I

dislike, merely as a matter of curiosity; for I know it is not in my

power to offer matter of information to your judgment, which has been

formed after hearing and weighing every thing which the wisdom of

man could offer on these subjects. I own, I am not a friend to a very

energetic government. It is always oppressive. It places the governors

indeed more at their ease, at the expense of the people. The late

rebellion in Massachusetts has given more alarm, than I think it should

have done. Calculate that one rebellion in thirteen States in the course

of eleven years, is but one for each State in a century and a half. No

country should be so long without one. Nor will any degree of power in

the hands of government prevent insurrections. In England, where the

hand of power is heavier than with us, there are seldom half a dozen

years without an insurrection. In France, Where it is still heavier, but

less despotic, as Montesquieu supposes, than in some other countries,

and where there are always two or three hundred thousand men ready to

crush insurrections, there have been three in the course of the three

years I have been here, in every one of which greater numbers were

engaged than in Massachusetts, and a great deal more blood was spilt. In

Turkey, where the sole nod of the despot is death, insurrections are the

events of every day. Compare again the ferocious depredations of

their insurgents, with the order, the moderation, and the almost

self-extinguishment of ours. And say, finally, whether peace is best

preserved by giving energy to the government, or information to the

people. This last is the most certain and the most legitimate engine of

government. Educate and inform the whole mass of the people. Enable them

to see that it is their interest to preserve peace and order, and they

will preserve them. And it requires no very high degree of education

to convince them of this. They are the only sure reliance for the

preservation of our liberty. After all, it is my principle that the

will of the majority should prevail. If they approve the proposed

constitution in all its parts, I shall concur in it cheerfully, in

hopes they will amend it, whenever they shall find it works wrong. This

reliance cannot deceive us, as long as we remain virtuous; and I think

we shall be so, as long as agriculture is our principal object, which

will be the case, while there remain vacant lands in any part of

America. When we get piled upon one another in large cities, as in

Europe, we shall become corrupt as in Europe, and go to eating

one another as they do there. I have tired you by this time with

disquisitions which you have already heard repeated by others, a

thousand and a thousand times; and, therefore, shall only add assurances

of the esteem and attachment, with which I have the honor to be, Dear

Sir, your affectionate friend and servant,

Th: Jefferson.

P. S. The instability of our laws is really an immense evil. I think it

would be well to provide in our constitutions, that there shall always

be a twelvemonth between the engrossing a bill and passing it: that it

should then be offered to its passage without changing a word: and that

if circumstances should be thought to require a speedier passage, it

should take two thirds of both Houses, instead of a bare majority.

LETTER CXVIII.--TO E. CARRINGTON, December 21, 1787

TO E. CARRINGTON

Paris, December 21, 1787.

Dear Sir,

I have just received your two favors of October the 23rd and November

the 10th. I am much obliged to you for your hints in the Danish

business. They are the only information I have on that subject, except

the resolution of Congress, and warn me of a rock on which I should most

certainly have split. The vote plainly points out an agent, only leaving

it to my discretion to substitute another. My judgment concurs with that

of Congress as to his fitness. But I shall inquire for the surest banker

at Copenhagen to receive the money, not because I should have had any

doubts, but because I am informed others have them. Against the failure

of a banker, were such an accident, or any similar one to happen, I

cannot be held accountable in a case, where I act without particular

interest. My principal idea in proposing the transfer of the French

debt, was, to obtain on the new loans a much longer day for the

reimbursement of the principal, hoping that the resources of the United

States could have been equal to the article of interest alone. But I

shall endeavor to quiet, as well as I can, those interested. A part of

them will probably sell out at any rate: and one great claimant may be

expected to make a bitter attack on our honor. I am very much pleased

to hear, that our western lands sell so successfully. I turn to this

precious resource, as that which will, in every event, liberate us from

our domestic debt, and perhaps too from our foreign one: and this, much

sooner than I had expected. I do not think any thing could have been

done with them in Europe. Individual speculators and sharpers had duped

so many with their unlocated land-warrants, that every offer would have

been suspected.

As to the new constitution, I find myself nearly a neutral. There is a

great mass of good in it, in a very desirable form; but there is also,

to me, a bitter pill or two. I have written somewhat lengthily to Mr.

Madison on this subject, and will take the liberty to refer you to that

part of my letter to him. I will add one question to what I have said

there. Would it not have been better to assign to Congress exclusively,

the article of imposts for federal purposes, and to have left direct

taxation exclusively to the States? I should suppose the former fund

sufficient for all probable events, aided by the land office.

The form which the affairs of Europe may assume, is not yet decipherable

by those out of the cabinet. The Emperor gives himself, at present,

the airs of a mediator. This is necessary to justify a breach with the

Porte. He has his eye at the same time on Germany, and particularly on

Bavaria, the Elector of which has, for a long time, been hanging over

the grave. Probably, France would now consent to the exchange of the

Austrian Netherlands, to be created into a kingdom for the Duke de

Deux-ponts, against the electorate of Bavaria. This will require a

war. The Empress longs for Turkey, and viewing France as her principal

obstacle, would gladly negotiate her acquiescence. To spur on this, she

is coquetting it with England. The King of Prussia, too, is playing

a double game between France and England. But I suppose the former

incapable of forgiving him, or of ever reposing confidence in him.

Perhaps the spring may unfold to us the final arrangement, which will

take place among the powers of this continent.

I often doubt whether I should trouble Congress or my friends with these

details of European politics. I know they do not excite that interest

in America, of which it is impossible for one to divest himself here. I

know too, that it is a maxim with us, and I think it is a wise one, not

to entangle ourselves with the affairs of Europe. Still, I think,

we should know them. The Turks have practised the same maxim of not

meddling in the complicated wrangles of this continent. But they have

unwisely chosen to be ignorant of them also, and it is this total

ignorance of Europe, its combinations, and its movements, which exposes

them to that annihilation possibly about taking place. While there are

powers in Europe which fear our views, or have views on us, we should

keep an eye on them, their connections, and oppositions, that in a

moment of need, we may avail ourselves of their weakness with respect to

others as well as ourselves, and calculate their designs and movements,

on all the circumstances under which they exist. Though I am persuaded,

therefore, that these details are read by many with great indifference,

yet I think it my duty to enter into them, and to run the risk of giving

too much, rather than too little information.

I have the honor to be, with perfect esteem and respect, Dear Sir, your

most obedient and most humble servant,

Th: Jefferson.

P. S. The resolution of Congress, relative to the prize money received

here, speaks of that money as paid to me. I hope this matter is properly

understood. The treasury board desired me to receive it, and apply it to

such and such federal purposes; and they would pay the dividends of

the claimants in America. This would save the expense of remittance. I

declined, however, receiving the money, and ordered it into the hands

of their banker, who paid it away for the purposes to which they had

destined it. I should be sorry an idea should get abroad, that I had

received the money of those poor fellows, and applied it to other

purposes. I shall, in like manner, order the Danish and Barbary money

into the hands of bankers, carefully avoiding ever to touch a sou of

it, or having any other account to make out than what the banker will

furnish. T. J.

LETTER CXIX.--TO MONSIEUR LIMOZIN, December 22, 1787

TO MONSIEUR LIMOZIN.

Paris, December 22, 1787.

Sir,

I have the honor now to acknowledge the receipt of your favors of the

18th and 19th of November, and two of the 18th of the present month.

I did not write to you immediately on the receipt of the two first,

because the observation they contained were to be acted on here. I

was much obliged to you for them, as I have been frequently before for

others, and you will find that I have profited by them in the _Arrêt_

which is to come out for the regulation of our commerce, wherein most

of the things are provided for, which you have from time to time

recommended. With respect to the article of yellow wax, I think there

is a general clause in the _Arrêt_, which will take it in; but I am not

sure of it. If there be not, it is now too late to get any alteration

made. You shall receive the _Arrêt_ the moment it is communicated to me.

I have examined the case of Captain Thomas, with all the dispositions

possible, to interpose for him. But on mature reflection, I find it is

one of those cases wherein my solicitation would be ill received. The

government of France, to secure to its subjects the carrying trade

between her colonies and the mother country, have made a law, forbidding

any foreign vessels to undertake to carry between them. Notwithstanding

this, an American vessel has undertaken, and has brought a cargo. For me

to ask that this vessel shall be received, would be to ask a repeal of

the law, because there is no more reason for receiving her, than there

will be for receiving the second, third, &c, which shall act against the

same law, nor for receiving an American vessel, more than the vessels of

other nations. Captain Thomas has probably engaged in this business, not

knowing the law; but ignorance of the law is no excuse, in any country.

If it were, the laws would lose their effect, because it can be always

pretended. Were I to make this application to the Comptroller General,

he might possibly ask me, whether, in a like case, of a French vessel in

America acting through ignorance, against law, we would suspend the law

as to her? I should be obliged honestly to answer, that with us there

is no power which can suspend the law for a moment; and Captain Thomas

knows that this answer would be the truth. The Senegal company seems to

be as much engaged in it as he is. I should suppose his most probable

means of extrication, would be with their assistance, and availing

himself of their privileges, and the apparent authority he has received

from the officers of government there. I am sorry his case is such a

one, as I cannot present to the minister. A jealousy of our taking

away their carrying trade, is the principal reason which obstructs our

admission into their West India islands. It would not be right for me to

strengthen that jealousy.

I have the honor to be, with much esteem, Sir, your most obedient,

humble servant,

Th: Jefferson.

LETTER CXX.--TO JOHN JAY, December 31, 1787

TO JOHN JAY.

Paris, December 31, 1787.

Sir,

Since the receipt of the letter of Monsieur de Calonne, of October the

22nd, 1786, I have several times had the honor of mentioning to you,

that I was endeavoring to get the substance of that letter reduced into

an _Arrêt_, which, instead of being revocable by a single letter of a

Comptroller General, would require an _Arrêt_ to repeal or alter it, and

of course must be discussed in full Council, and so give time to prevent

it. This has been pressed as much as it could be with prudence. One

cause of delay has been the frequent changes of the Comptroller General;

as we had always our whole work to begin again, with every new one.

Monsieur Lambert’s continuance in office for some months has enabled us,

at length, to get through the business; and I have just received from

him a letter, and the _Arrêt_ duly authenticated; of which I have the

honor to send you a number of printed copies. You will find, that the

several alterations and additions are made, which, on my visit, to the

seaports, I had found to be necessary, and which my letters of June the

21st and August the 6th particularly mentioned to you. Besides these,

we have obtained some new articles of value, for which openings arose

in the course of the negotiation. I say we have done it, because

the Marquis de la Fayette has gone hand in hand with me through this

business, and has been a most invaluable aid. I take the liberty of

making some observations on the articles of the _Arrêt_, severally, for

their explanation, as well as for the information of Congress.

Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 2 · 第 28 / 50 段