the republican papers, and has a very great effect on the people. It is
short, simple, and presents things in a view they readily comprehend. The
character and circumstances too of the writer leave them without doubts
of his motives. If, like the patriarch of old, you had but one blessing
to give us, I should have wished it directed to a particular object. But
I hope you have one for this also. You know what a wicked use has been
made of the French negotiation; and particularly the X. Y. Z. dish cooked
up by * * * * *, where the swindlers are made to appear as the French
government. Art and industry combined, have certainly wrought out of this
business a wonderful effect on the people. Yet they have been astonished
more than they have understood it, and now that Gerry's correspondence
comes out, clearing the French government of that turpitude, and showing
them "sincere in their dispositions for peace, not wishing us to break the
British treaty, and willing to arrange a liberal one with us," the people
will be disposed to suspect they have been duped. But these communications
are too voluminous for them, and beyond their reach. A recapitulation
is now wanting of the whole story, stating every thing according to what
we may now suppose to have been the truth, short, simple and levelled to
every capacity. Nobody in America can do it so well as yourself, in the
same character of the father of your country, or any form you like better,
and so concise, as omitting nothing material, may yet be printed in hand
bills, of which we could print and disperse ten or twelve thousand copies
under letter covers, through all the United States, by the members of
Congress when they return home. If the understanding of the people could
be rallied to the truth on this subject, by exposing the dupery practised
on them, there are so many other things about to bear on them favorably
for the resurrection of their republican spirit, that a reduction of the
administration to constitutional principles cannot fail to be the effect.
These are the alien and sedition laws, the vexations of the stamp act,
the disgusting particularities of the direct tax, the additional army
without an enemy, and recruiting officers lounging at every Court House
to decoy the laborer from his plough, a navy of fifty ships, five millions
to be raised to build it, on the usurious interest of eight per cent., the
perseverance in war on our part, when the French government shows such an
anxious desire to keep at peace with us, taxes of ten millions now paid by
four millions of people, and yet a necessity, in a year or two, of raising
five millions more for annual expenses. These things will immediately
be bearing on the public mind, and if it remain not still blinded by a
supposed necessity, for the purposes of maintaining our independence and
defending our country, they will set things to rights. I hope you will
undertake this statement. If anybody else had possessed your happy talent
for this kind of recapitulation, I would have been the last to disturb
you with the application; but it will really be rendering our country a
service greater than it is in the power of any other individual to render.
To save you the trouble of hunting the several documents from which this
statement is to be taken, I have collected them here completely, and
enclose them to you.
Logan's bill has passed. On this subject, it is hardly necessary for me to
declare to you, on everything sacred, that the part they ascribed to me
was entirely a calumny. Logan called on me, four or five days before his
departure, and asked and received a certificate (in my private capacity)
of his citizenship and circumstances of life, merely as a protection,
should he be molested in the present turbulent state of Europe. I have
given such to an hundred others, and they have been much more frequently
asked and obtained by tories than whigs.
* * * * *
Accept my sincere prayers for long and happy years to you still, and my
affectionate salutations and adieu.
TO COLONEL N. LEWIS.
DEAR SIR,--Believing that the letters of Messrs. Gerry and Talleyrand,
will give you pleasure to peruse, I send you a copy; you will perceive
by them the anxiety of the Government of France for a reconciliation
with us, and Mr. Gerry's belief of their sincerity, and that they were
ready to have made a liberal treaty with us. You will also see by Mr.
Pickering's report that we are determined to believe no declarations
they can make, but to meet their peaceable professions with acts of
war. An act has passed the House of Representatives by a majority of
twenty, for continuing the law cutting off intercourse with France, but
allowing the President by proclamation, to except out of this such parts
of their dominions as disavow the depredations committed on us. This is
intended for St. Domingo, where Toussaint has thrown off dependence on
France. He has an agent here on this business. Yesterday, the House of
Representatives voted six ships of 74 guns and six of 18, making 552 guns.
These would cost in England $5,000 a gun. They would cost here $10,000,
so the whole will cost five and a half millions of dollars. Their annual
expense is stated at £1,000 Virginia money a gun, being a little short of
two millions of dollars. And this is only a part of what is proposed; the
whole contemplated being twelve 74's, 12 frigates and about 25 smaller
vessels. The state of our income and expense is (in round numbers) nearly
as follows:
Imports seven and a half millions of dollars; excise, auctions, licenses,
carriages half a million; postage, patents, and bank stock, one-eighth of
a million, making eight and one-eighth millions. To these the direct tax
and stamp tax will add two millions clear of expense, making in the whole
ten and one-eighth millions. The expenses on the civil list, three-fourths
of a million, foreign intercourse half a million, interest on the public
debt four millions, the present navy two and a half millions, the present
army one and a half millions, making nine and one-quarter millions. The
additional army will be two and a half millions, the additional navy
three millions, and interest on the new loan near one-half a million, in
all, fifteen and one-quarter millions; so in about a year or two there
will be five millions annually to be raised by taxes in addition to the
ten millions we now pay. Suppose our population is now five millions,
this would be three dollars a head. This is exclusive of the outfit of
the navy, for which a loan is opened to borrow five millions at eight
per cent. If we can remain at peace, we have this in our favor, that
these projects will require time to execute; that in the meantime, the
sentiments of the people in the middle States are visibly turning back
to their former direction, the X. Y. Z. delusion being abated, and their
minds become sensible to the circumstances surrounding them, to wit: the
alien and sedition acts, the vexations of the stamp act, the direct tax,
the follies of the additional army and navy money borrowed for these at
the usurious interest of eight per cent., and Mr. Gerry's communications
showing that peace is ours unless we throw it away. But if the joining
the revolted subjects (negroes) of France, and surrounding _their_ islands
with our armed vessels, instead of their merely cruising on our own coasts
to protect our own commerce, should provoke France to a declaration of
war, these measures will become irremediable.
The English and German papers are killing and eating Bonaparte every day.
He is, however, safe; has effected a peaceable establishment of government
in Egypt, the inhabitants of which have preferred him to their mameluke
Governors, and the expectation is renewed of his march to India. In that
country great preparations are made for the overthrow of the English
power. The insurrection of Ireland seems to be reduced low. The peace
between France and the Empire seems also to be doubtful. Very little is
apprehended for them from anything which the Turks and Russians can do
against them. I wish I could have presented you with a more comfortable
view of our affairs. However, that will come if the friends of reform,
while they remain firm, avoid every act and threat against the peace of
the Union, that would check the favorable sentiments of the Middle States,
and rally them again around the measures which are ruining us. Reason,
not rashness, is the only means of bringing our fellow citizens to their
true minds. Present my best complements to Mrs. Lewis, and accept yourself
assurances of the sincere and affectionate esteem with which I am, dear
Sir, your friend and servant.
TO MR. MADISON.
PHILADELPHIA, January 30, 1799.
My last to you was of the 16th, since which yours of the 12th is received,
and its contents disposed of properly. These met such approbation as to
have occasioned an extraordinary impression of that day's paper. Logan's
bill is passed. The lower house, by a majority of twenty, passed yesterday
a bill continuing the suspension of intercourse with France, with a new
clause enabling the President to admit intercourse with the rebellious
negroes under Toussaint, who has an agent here, and has thrown off
dependence on France. The House of Representatives have also voted six
74's and six 18's, in part of the additional navy, say 552 guns, which in
England would cost $5,000, and here $10,000, consequently more than the
whole five millions for which a loan is now opened at eight per cent. The
maintenance is estimated at £1,000 (lawful) a gun annually. A bill has
been this day brought into the Senate for authorizing the President _in
case of a declaration of war or danger of invasion by any European power_,
to raise an _eventual_ army of thirty regiments, infantry, cavalry, and
artillery in addition to the additional army, the provisional army,
and the corps of volunteers, which last he is authorized to brigade,
officer, exercise, and pay during the time of exercise. And all this
notwithstanding Gerry's correspondence received, and demonstrating the
aversion of France to consider us as enemies. All depends on her patiently
standing the measures of the present session, and the surrounding _her_
islands with our cruisers, and capturing their armed vessels on her own
coasts. If this is borne awhile, the public opinion is most manifestly
wavering in the middle States, and was even before the publication of
Gerry's correspondence. In New York, Jersey, and Pennsylvania, every
one attests them, and General Sumpter, just arrived, assures me the
republicans of South Carolina have gained fifty per cent. in numbers since
the election, which was in the moment of the X. Y. Z. fever. I believe
there is no doubt the Republican Governor would be elected here now, and
still less for next October. The gentleman of North Carolina seems to
be satisfied that their new delegation will furnish but three, perhaps
only two anti-republicans; if so, we shall be gainer on the whole. But
it is on the progress of public opinion we are to depend for rectifying
the proceedings of the next Congress. The only question is whether this
will not carry things beyond the reach of rectification. Petitions and
remonstrances against the alien and sedition laws are coming from various
parts of New York, Jersey, and Pennsylvania: some of them very well drawn.
I am in hopes Virginia will stand so countenanced by those States as
to express the wishes of the Government to coerce her, which they might
venture on if they supposed she would be left alone. Firmness on our part,
but a passive firmness, is the true course. Anything rash or threatening
might check the favorable dispositions of these middle States, and rally
them again around the measures which are ruining us. Bonaparte appears to
have settled Egypt peacefully, and with the consent of those inhabitants,
and seems to be looking towards the East Indies, where a most formidable
co-operation has been prepared for demolishing the British power. I wish
the affairs of Ireland were as hopeful, and the peace with the north
of Europe. Nothing new here as to the price of tobacco, the river not
having yet admitted the bringing any to this market. Spain being entirely
open for ours, and depending on it for her supplies during the cutting
off of her intercourse with her own colonies by the superiority of the
British at sea, is much in our favor. I forgot to add that the bill for
the _eventual_ army, authorizes the President to borrow two millions
more. Present my best respects to Mrs. Madison, health and affectionate
salutations to yourself. Adieu.
TO JAMES MADISON.
PHILADELPHIA, February 5, 1799.
DEAR SIR,--I wrote you last on the 30th of January; since which yours of
the 25th has been received.
* * * * *
The bill for continuing the suspension of intercourse with France and
her dependencies, is still before the Senate, but will pass by a very
great vote. An attack is made on what is called the Toussaint's clause,
the object of which, as is charged by the one party and _admitted_ by
the other, is to facilitate the separation of the island from France.
The clause will pass, however, by about nineteen to eight, or perhaps
eighteen to nine. Rigaud, at the head of the people of color, maintains
his allegiance. But they are only twenty-five thousand souls, against five
hundred thousand, the number of the blacks. The treaty made with them by
Maitland is (if they are to be separated from France) the best thing for
us. They must get their provisions from us. It will indeed be in English
bottoms, so that we shall lose the carriage. But the English will probably
forbid them the ocean, confine them to their island, and thus prevent
their becoming an American Algiers. It must be admitted too, that they may
play them off on us when they please. Against this there is no remedy but
timely measures on our part, to clear ourselves, by degrees, of the matter
on which that lever can work.
* * * * *
A piece published in Bache's paper on _foreign influence_, has the
greatest currency and effect. To an extraordinary first impression, they
have been obliged to make a second, and of an extraordinary number. It
is such things as these the public want. They say so from all quarters,
and that they wish to hear reason instead of _disgusting blackguardism_.
The public sentiment being now on the creen, and many heavy circumstances
about to fall into the republican scale, we are sensible that this summer
is the season for systematic energies and sacrifices. The engine is the
press. Every man must lay his purse and his pen under contribution. As
to the former, it is possible I may be obliged to assume something for
you. As to the latter, let me pray and beseech you to set apart a certain
portion of every post day to write what may be proper for the public. Send
it to me while here, and when I go away I will let you know to whom you
may send, so that your name shall be sacredly secret. You can render such
incalculable services in this way, as to lessen the effect of our loss of
your presence here. I shall see you on the 5th or 6th of March.
Affectionate salutations to Mrs. Madison and yourself. Adieu.
TO COLONEL MONROE.
PHILADELPHIA, February 11, 1799.
I wrote you last on the 22d of January, since which yours of January
26th is received. A bill will pass the Senate to day for enabling the
President to retaliate rigorously on any French citizens who now are or
hereafter may be in our power, should they put to death any sailors of
ours _forced_ on board British vessels and taken by the French. This is
founded expressly on their _Arret_ of October 29th, 1798, communicated
by the President by message. It is known (from the Secretary of State
himself) that he received, immediately after, a letter from Rufus King
informing him the _Arret_ was suspended, and it has been known a week
that we were passing a retaliating act founded expressly on that _Arret_,
yet the President has not communicated it, and the supporters of the
bill, who themselves told the secret of the suspension in debate, (for
it was otherwise unknown,) will yet pass the bill. We have already an
existing army of 5,000 men, and the additional army of 9,000 now going
into execution. We have a bill on its progress through the Senate for
authorizing the President to raise thirty regiments (30,000 men) called an
_eventual_ army, in case of war with any European power, or of imminent
danger of invasion from them _in his opinion_. And also to call out
and exercise at times the _volunteer_ army, the number of which we know
not. Six 74's and six 18's, making up 500 guns (in part of the fleet of
twelve 74's, twelve frigates, and 20 or 30 smaller vessels proposed to
be built or bought as soon as we can), are now to be begun. One million
of dollars is voted. The Government estimate of their cost is about
4,500 dollars (£1000 sterling) a gun. But there cannot be a doubt they
will cost 10,000 dollars a gun, and consequently the 550 guns will be
5½ millions. A loan is now opened for five millions at eight per cent.,
and the _eventual_ army bill authorizes another of two millions. King
is appointed to negotiate a treaty of commerce with Russia, in London.
Phocion Smith is _proposed_ to go to Constantinople to make a treaty with
the Turks. Under two other covers you will receive a copy of the French
originals of Gerry's communications for yourself, and a dozen of G. N's
pamphlets on the laws of the last session. I wish you to give these to
the most influential characters among our countrymen, who are only misled,
are candid enough to be open to conviction, and who may have most effect
on their neighbors. It would be useless to give them to persons already
sound. Do not let my name be connected in the business. It is agreed on
all hands that the British depredations have greatly exceeded the French
during the last six months. The insurance companies at Boston, this place
and Baltimore, prove this from their books. I have not heard how it is at
New York. The Senate struck out of the bill continuing the suspension of
intercourse with France, the clauses which authorized the President to do
it with certain other countries (say Spanish and Dutch), which clauses had
passed the House of Representatives by a majority of, I believe, twenty.
They agreed, however, to the amendment of the Senate. But Toussaint's
clause was retained by both Houses. Adieu affectionately.
Feb. 12th. The vessel called the Retaliation, formerly French property
taken by us, armed and sent to cruise on them, retaken by them and carried
into Guadaloupe, arrived here this morning with her own captain and crew,
&c. They say that new commissioners from France arrived at Guadaloupe,
sent Victor Hughes home in irons, liberated the crew, said to the captain
that they found him to be an officer bearing a regular commission from the
United States, possessed of a vessel called the Retaliation, then in their
port; that they should inquire into no preceding fact, and that he was
free with his vessel and crew to depart; that as to differences with the
United States, commissioners were coming out from France to settle them;
in the meantime, no injury should be done to us or our citizens. This was
known to every Senator when we met. The Retaliation bill came on, on its
passage, and was passed with only two dissenting voices, two or three who
would have dissented happening to be absent.
TO MR. STEWART.
PHILADELPHIA, February 13, 1799.
DEAR SIR,--I avoid writing to my friends because the fidelity of the
post office is very much doubted. I will give you briefly a statement of
what we have done and are doing. The following is a view of our finances
in round numbers. The import brings in the last year seven and a half
millions of dollars, the excise, carriages, auctions, and licenses, half
a million, the residuary small articles one-eighth of a million. It is
expected that the stamp act may pay the expense of the direct tax, so
that the two may be counted at two millions, making in the whole ten and
one-eighth millions. Our expenses for the civil list three-quarters of
a million, foreign intercourse half a million (this includes Indian and
Algerine expenses, the Spanish and British treaties), interest of the
public debt four millions, the existing navy two and a half millions,
the existing army, 5,000 men, one and a half millions, making nine and
a quarter millions, so that we have a surplus of near a million. But the
additional army, 9,000 men, now raising, will add two and a half millions
annually, the additional navy proposed three millions, and the interest of
the new loans half a million, making six millions more, so that as soon
as the army and navy shall be ready, our whole expenses will be fifteen
millions; consequently, there will be five millions annually more to
be raised by taxes. Our present taxes of ten millions are two dollars a
head on our present population, and the future five millions will make it
three dollars. Our whole exports (native) this year are 28,192, so that
our taxes are now a third and will soon be half of our whole exports;
and when you add the expenses of the State Governments we shall be found
to have got to the plenum of taxation in ten short years of peace. Great
Britain, after centuries of wars and revolutions, had at the commencement
of the present war taxed only to the amount of two-thirds of her exports.
We have opened a loan for five millions, at eight per cent. interest, and
another is proposed of two millions. These are to build six seventy-fours
and six eighteens, in part of additional navy, for which a bill passed the
House of Representatives two days ago, by fifty-four against forty-two.
Besides the existing army of 5,000 and additional army of 9,000, an
_eventual_ army of 30,000 is proposed to be raised by the President, in
case of invasion by any European power, or danger of invasion, _in his
opinion_, and the _volunteer_ army, the amount of which we know not, is to
be immediately called out and exercised at the public expense. For these
purposes a bill has been twice read and committed in the Senate. You have
seen by Gerry's communications that France is _sincerely anxious_ for
reconciliation, willing to give us a _liberal_ treaty, and does not wish
us to break the British treaty, but only to put her on an equal footing.
A further proof of her sincerity turned up yesterday. We had taken an
armed vessel from her, had refitted and sent her to cruise against them,
under the name of the Retaliation, and they re-captured and sent her
into Guadaloupe. The new commissioners arriving there from France, sent
Victor Hughes off in irons, and said to our captain, that as they found
him bearing a regular commission as an officer of the United States, with
his vessel in their port, and his crew, they would inquire into no fact
respecting the vessel preceding their arrival, but that he, his vessel
and crew, were free to depart. They arrived here yesterday. The federal
papers call her a _cartel_. It is whispered that the executive means
to return an equal number of the French prisoners, and this may give a
color to call her a cartel, but she was liberated freely and without
condition. The commissioners further said to the captain that, as to
the differences with the United States, new commissioners were coming
out from France to settle them, and in the meantime they should do us
no injury. The President has appointed Rufus King to make a commercial
treaty with the Russians in London, and William Smith, of South Carolina,
to go to Constantinople to make one with the Turks. Both appointments are
confirmed by the Senate. A little dissatisfaction was expressed by some
that we should never have treated with them till the moment when they
had formed a coalition with the English against the French. You have seen
that the Directory had published an arret declaring they would treat as
pirates any neutrals they should take in the ships of their enemies. The
President communicated this to Congress as soon as he received it. A bill
was brought into Senate reciting that arret, and authorizing retaliation.
The President received information almost in the same instant that the
Directory had suspended the arret (which fact was privately declared by
the Secretary of State to two of the Senate), and, though it was known we
were passing an act founded on that arret, yet the President has never
communicated the suspension. However the Senate, informed indirectly of
the fact, still passed the act yesterday, an hour after we had heard of
the return of our vessel and crew before mentioned. It is acknowledged
on all hands, and declared by the insurance companies that the British
depredations during the last six months have greatly exceeded the French,
yet not a word is said about it officially. However, all these things
are working on the public mind. They are getting back to the point where
they were when the X. Y. Z. story was passed off on them. A wonderful
and rapid change is taking place in Pennsylvania, Jersey, and New York.
Congress is daily plied with petitions against the alien and sedition
laws and standing armies. Several parts of this State are so violent
that we fear an insurrection. This will be brought about by some if they
can. It is the only thing we have to fear. The appearance of an attack
of force against the government would check the present current of the
middle States, and rally them around the government; whereas, if suffered
to go on, it will pass on to a reformation of abuses. The materials now
bearing on the public mind will infallibly restore it to its republican
soundness in the course of the present summer, if the knowledge of facts
can only be disseminated among the people. Under separate cover you will
receive some pamphlets written by George Nicholas on the acts of the last
session. These I would wish you to distribute, not to sound men who have
no occasion for them, but to such as have been misled, are candid and
will be open to the conviction of truth, and are of influence among their
neighbors. It is the sick who need medicine, and not the well. Do not
let my name appear in the matter. Perhaps I shall forward you some other
things to be distributed in the same way. Present me respectfully to Mrs.
Stuart, and accept assurances of the sincere esteem of, dear Sir, your
affectionate friend and servant.
TO EDMUND PENDLETON.
PHILADELPHIA, February 14, 1799.
DEAR SIR,--I wrote you a petition on the 29th of January. I know the
extent of this trespass on your tranquillity, and how indiscreet it would
have been under any other circumstances. But the fate of this country,
whether it shall be irretrievably plunged into a form of government
rejected by the makers of the Constitution, or shall get back to the true
principles of that instrument, depends on the turn which things may take
within a short period of time ensuing the present moment. The violations
of the Constitution, propensities to war, to expense, and to a particular
foreign connection, which we have lately seen, are becoming evident to
the people, and are dispelling that mist which X. Y. Z. had spread before
their eyes. This State is coming forward with a boldness not yet seen.
Even the German counties of York and Lancaster, hitherto the most devoted,
have come about, and by petitions with four thousand signers remonstrate
against the alien and sedition laws, standing armies, and discretionary
powers in the President. New York and Jersey are also getting into great
agitation. In this State, we fear that the ill designing may produce
insurrection. Nothing could be so fatal. Anything like force would check
the progress of the public opinion and rally them round the government.
This is not the kind of opposition the American people will permit. But
keep away all show of force, and they will bear down the evil propensities
of the government, by the constitutional means of election and petition.
If we can keep quiet, therefore, the tide now turning will take a steady
and proper direction. Even in New Hampshire there are strong symptoms of
a rising inquietude. In this state of things, my dear Sir, it is more in
your power than any other man's in the United States, to give the _coup de
grace_ to the ruinous principles and practices we have seen. In hopes you
have consented to it, I shall furnish to you some additional matter which
has arisen since my last.
I enclose you a part of a speech of Mr. Gallatin on the naval bill. The
views he takes of our finances, and of the policy of our undertaking to
establish a great navy, may furnish some hints. I am told something on
the same subject from Mr. J. Nicholas will appear in the Richmond and
Fredericksburg papers. I mention the real author, that you may respect it
duly, for I presume it will be anonymous. The residue of Gallatin's speech
shall follow when published. A recent fact, proving the anxiety of France
for a reconciliation with us, is the following. You know that one of the
armed vessels which we took from her was refitted by us, sent to cruise
against her, recaptured, and carried into Guadaloupe under the name of the
Retaliation. On the arrival there of Desfourneaux, the new commissioner,
he sent Victor Hughes home in irons; called up our captain; told him that
he found he had a regular commission as an officer of the United States;
that his vessel was then lying in the harbor; that he should inquire
into no fact preceding his own arrival (by this he avoided noticing that
the vessel was really French property) and that therefore, himself and
crew were free to depart with their vessel; that as to the differences
between France and the United States, commissioners were coming out to
settle them, and in the meantime, no injury should be done on their part.
The captain insisted on being a prisoner; the other disclaimed; and so
he arrived here with vessel and crew the day before yesterday. Within an
hour after this was known to the Senate, they passed a retaliation bill,
of which I enclose you a copy. This was the more remarkable, as the bill
was founded expressly on the _Arret_ of October the 29th, which had been
communicated by the President as soon as received, and he remarked, "that
it could not be too soon communicated to the two Houses and the public."
Yet he almost in the same instant received, through the same channel,
Mr. King's information that that _Arret_ was suspended, and though he
knew we were making it the foundation of a retaliation bill, he has never
yet communicated it. But the Senate knew the fact informally from the
Secretary of State, and knowing it, passed the bill.
The President has appointed, and the Senate approved Rufus King, to
enter into a treaty of commerce with the Russians, at London, and William
Smith, (Phocion) Envoy Extraordinary and Minister Plenipotentiary, to go
to Constantinople to make one with the Turks. So that as soon as there
is a coalition of Turks, Russians and English, against France, we seize
that moment to countenance it as openly as we dare, by treaties, which
we never had with them before. All this helps to fill up the measure of
provocation towards France, and to get from them a declaration of war,
which we are afraid to be the first in making. It is certain the French
have behaved atrociously towards neutral nations, and us particularly;
and though we might be disposed not to charge them with all the enormities
committed in their name in the West Indies, yet they are to be blamed for
not doing more to prevent them. A just and rational censure ought to be
expressed on them, while we disapprove the constant billingsgate poured
on them _officially_. It is at the same time true, that their enemies set
the first example of violating neutral rights, and continue it to this
day; insomuch, that it is declared on all hands, and particularly by the
insurance companies and denied by none, that the British spoliations have
considerably exceeded the French during the last six months. Yet not a
word of these things is said officially to the Legislature.
Still further, to give the devil his due, (the French) it should be
observed that it has been said without contradiction, and the people made
to believe, that their refusal to receive our Envoys was contrary to the
law of nations, and a sufficient cause of war; whereas, every one who
ever read a book on the law of nations knows, that it is an unquestionable
right in every power to refuse to receive any minister who is personally
disagreeable. Martens, the latest and a very respected writer, has laid
this down so clearly and shortly in his "summary of the law of nations,"
B. 7. ch. 2. sec. 9, that I will transcribe the passage verbatim. "Section
9. Of choice in the person of the minister. The choice of the person to be
sent as minister depends of right on the sovereign who sends him, leaving
the right, however, of him to whom he is sent, of refusing to acknowledge
any one, to whom he has a personal dislike, or who is inadmissible by the
laws and usages of the country." And he adds notes proving by instances,
&c. This is the whole section.
Notwithstanding all these appearances of peace from France, we are,
besides our _existing_ army of five thousand men, and an _additional_
army of nine thousand (now officered and levying), passing a bill for an
_eventual_ army of thirty regiments (thirty thousand) and for regimenting,
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-four's and six eighteen's, 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 3d 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.
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 acknowledged 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 meantime, 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 charge 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 meantime, 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.
TO E. PENDLETON.
PHILADELPHIA, February 19, 1799.
DEAR SIR,--Since my last, which was of the 14th, a Monsieur Leblane, agent
from Desfourneaux, has come to town. He came in the Retaliation, and a
letter of Desfourneaux, of which he was the bearer, now enclosed, will
correct some circumstances in my statement relative to that vessel which
were not very material. It shows, at the same time, that she was liberated
without condition; still it is said (but I have no particular authority
for it) that he has been obliged to receive French prisoners here, and to
admit in the paper that the terms in exchange for _prisoners taken_ from
us, should be used, he declaring, at the same time, that they had never
considered ours as prisoners, nor had an idea of _exchange_. The object of
his mission was to assure the government against any future irregularities
by privateers from Guadaloupe, and to open a friendly intercourse. He has
been treated very cavalierly. I enclose you the President's message to
the House of Representatives relative to the suspension of the _Arret_, on
which our retaliation bill is founded.
A great event was presented yesterday. The President communicated a
letter from Talleyrand to Pichon, French chargé des affaires at the Hague,
approving of some overtures which had passed between him and Mr. Murray,
and particularly of his having undertaken to assure Murray that _whatever_
Plenipotentiary we might send to France to negotiate differences,
should be received with the respect due to the representative of a _free
independent and powerful nation_, and directing him to _prevail on Murray
to_ transmit these assurances to his government. In consequence of this, a
nomination of Mr. Murray, minister Plenipotentiary to the French republic,
was yesterday sent to the Senate. This renders their efforts for war
desperate, and silences all further denials of the sincerity of the French
government. I send you extracts from these proceedings for your more
special information. I shall leave this the 2d day of March. Accept my
affectionate salutations. Adieu.
P. S. I should have mentioned that a nomination is before the Senate of
a _consul general_ to St. Domingo. It is understood that he will present
himself to Toussaint, and is, in fact, our minister to him.
([Illustration: Pointing finger.] This is upon the margin of this letter.)
The face they will put on this business is, that they have frightened
France into a respectful treatment. Whereas, in truth, France has been
sensible that her measures to prevent the scandalous spectacle of war
between the two republics, from the known impossibility of our injuring
her, would not be imputed to her as a humiliation.
TO GENERAL KOSCIUSKO.
PHILADELPHIA, February 21, 1799.
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 everything 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 forever
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.
TO CHANCELLOR LIVINGSTON.
PHILADELPHIA, February 23, 1799.
DEAR SIR,--I have received with great pleasure your favor on the
subject of the steam engine. Though deterred by the complexity of that
hitherto known, from making myself minutely acquainted with it, yet I am
sufficiently acquainted with it to be sensible of the superior simplicity
of yours, and its superior economy. I particularly thank you for the
permission to communicate it to the Philosophical Society; and though
there will not be another session before I leave town, yet I have taken
care, by putting it into the hands of one of the Vice Presidents to-day,
to have it presented at the next meeting. I lament the not receiving it a
fortnight sooner, that it might have been inserted in a volume now closed,
and to be published in a few days, before it would be possible for this
engraving to be ready. There is one object to which I have often wished a
steam engine could be adopted. You know how desirable it is both in town
and country to be able to have large reservoirs of water on the top of our
houses, not only for use (by pipes) in the apartments, but as a resource
against fire. This last is most especially a desideratum in the country.
We might indeed have water carried from time to time in buckets to
cisterns on the top of the house, but this is troublesome, and therefore
we never do it,--consequently are without resource when a fire happens.
Could any agent be employed which would be little or no additional expense
or trouble except the first purchase, it would be done. Every family has
such an agent, its kitchen fire. It is small indeed, but if its small but
constant action could be accumulated so as to give a stroke from time to
time which might throw ever so small a quantity of water from the bottom
of a well to the top of the house (say one hundred feet), it would furnish
more than would waste by evaporation, or be used by the family. I know
nobody who must better know the value of such a machine than yourself, nor
more equal to the invention of it, and especially with your familiarity
with the subject. I have imagined that the iron back of the chimney
might be a cistern for holding the water, which should supply steam and
would be constantly kept in a boiling state by the ordinary fire. I wish
the subject may appear as interesting to you as it does to me, it would
then engage your attention, and we might hope this desideratum would be
supplied.
A want of confidence in the post office deters me from writing to my
friends on subject of politics. Indeed I am tired of writing Jeremiads on
that subject. What person, who remembers the times and tempers we have
seen, would have believed that within so short a period, not only the
jealous spirit of liberty which shaped every operation of our revolution,
but even the common principles of English whigism would be scouted, and
the tory principle of passive obedience under the new-fangled names of
_confidence_ and _responsibility_, become entirely triumphant? That the
tories, whom in mercy we did not crumble to dust and ashes, could so
have entwined us in their scorpion tails, that we cannot now move hand
or foot. But the spell is dissolving. The public mind is recovering from
the delirium into which it had been thrown, and we may still believe with
security that the great body of the American people must for ages yet be
substantially republican. You have heard of the nomination of Mr. Murray.
Not being in the secret of this juggle, I am not yet able to say how it is
to be played off. Respectful and affectionate salutations from, dear Sir,
your sincere friend and servant.
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 everything 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 anything 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.
TO BISHOP MADISON.
PHILADELPHIA, February 27, 1799.
DEAR SIR,--Your favor of February 10th came safely to hand. We were
for a moment flattered with the hope of a friendly accommodation of our
differences with France, by the President's nomination of Mr. Murray our
Minister at the Hague to proceed to Paris for that purpose. But our hopes
have been entirely dashed by his revoking that and naming Mr. Ellsworth,
Mr. Patrick Henry and Murray; the two former not to embark from America
till _they_ shall receive assurances from the French Government, that
they will be received with the respect due to their character by the law
of nations; and this too after the French Government had already given
assurances that whatever Minister the President should send should be
received with the respect due to the representative of a _great, free_
and _independent_ nation. The effect of the new nomination is completely
to parry the advances made by France towards a reconciliation. A great
change is taking place in the public mind in these Middle States, and they
are rapidly resuming the Republican ground which they had for a moment
relinquished. The tables of Congress are loaded with petitions proving
this. Thirteen of the twenty-two counties of this State have already
petitioned against the proceedings of the late Congress. Many also from
New York and New Jersey, and before the summer is over, these three States
will be in unison with the Southern and Western. I take the liberty of
putting under your cover a letter for a young gentleman known to you, and
to whom I know not how otherwise to direct it. I am, with great esteem,
dear Sir, your friend and servant.
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 manœuvres, 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 forever 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.
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 un-given 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,
unconsequential, 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 infinitively 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 two)
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.
TO WILSON C. NICHOLAS.
MONTICELLO, August 26, 1799.
DEAR SIR,--I am deeply impressed with the importance of Virginia and
Kentucky pursuing the same tract at the ensuing sessions of their
Legislatures. Your going thither furnishes a valuable opportunity of
effecting it, and as Mr. Madison will be at our Assembly as well as
yourself, I thought it important to procure a meeting between you. I
therefore wrote to propose to him to ride to this place on Saturday or
Sunday next; supposing that both he and yourself might perhaps have some
matter of business at our court, which might render it less inconvenient
for you to be here together on Sunday. I took for granted that you would
not set off to Kentucky pointedly at the time you first proposed, and hope
and strongly urge your favoring us with a visit at the time proposed. Mrs.
Madison, who was the bearer of my letter, assured me I might count on Mr.
M.'s being here. Not that I mentioned to her the object of my request, or
that I should propose the same to you, because, I presume, the less said
of such a meeting the better. I shall take care that Mrs. Monroe shall
dine with us. In hopes of seeing you, I bid you affectionately adieu.
TO WILSON C. NICHOLAS.
MONTICELLO, September 5, 1799.
DEAR SIR,--Yours of August 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 everything 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.
To these topics, however, should be added animadversions on the new
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
anything, 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.[11] 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.
FOOTNOTE:
[11] [Here, and in almost every other case where the name is
omitted, it is omitted in the original.]
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 anything confidential on them. You will of
course understand the cause.
In your new station[12] 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.
FOOTNOTE:
[12] The Legislature of Virginia.
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 would
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,
ensuring 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 checquered, 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 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 now really
a majority in 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 anything 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.
TO MR. PARKER.
SENATE CHAMBER, January 13th, 1800.
SIR,--In answer to the several inquiries in your letter of this day, I
have the honor to inform you that the marble statue of General Washington
in the Capitol in Richmond, with its pedestal, cost in Paris 24,000
livres or 1,000 Louis d'ors. It is of the size of life, and made by
Houdon, reckoned one of the first statuaries in Europe. Besides this, we
paid Houdon's expenses coming to and returning from Virginia to take the
General's likeness, which as well as I recollect were about 500 guineas,
and the transportation of the statue to Virginia with a workman to put it
up, the amount of which I never heard.
The price of an equestrian statue of the usual size, which is considerably
above that of life, whether in marble or bronze, costs in Paris 40,000
Louis d'ors from the best hand. Houdon asked that price for one that had
been thought of for General Washington; but I do not recollect whether
this included the pedestal of marble, which is a considerable piece of
work. These were the prices in 1785 in Paris. I believe that in Rome
or Florence, the same thing may be had from the best artists for about
two-thirds of the above prices, executed in the marble of Carrara, the
best now known. But unless Ciracchi's busts of General Washington are,
any of them, there, it would be necessary to send there one of Houdon's
figures in plaster, which, packed properly for safe transportation, would
probably cost 20 or 30 guineas. I do not know that any of Carrachi's busts
of the General are to be had anywhere. I am, with great consideration Sir,
your very humble servant.
TO MR. MORGAN BROWN, PALMYRA.
PHILADELPHIA, January 16, 1800.
SIR,--Your letter of October 1, has been duly received, and I have to
make you my acknowledgments for the offer of the two Indian busts found
on the Cumberland, and in your possession. Such monuments of the state of
the arts among the Indians, are too singular not to be highly esteemed,
and I shall preserve them as such with great care. They will furnish new
and strong proofs how far the patience and perseverance of the Indian
artist supplied the very limited means of execution which he possessed.
Accept therefore, I pray you, my sincere thanks for your kind offer, and
assurances of the gratification these curiosities will yield here. As
such objects cannot be conveyed without injury but by water, I will ask
the favor of you to forward them by some vessel going down the river to
Orleans, to the address of Mr. Daniel Clarke, junior, of that place, to
whom I wrote to have them forwarded round by sea, and to answer for me the
expenses of transportation, package, &c. I am, with many acknowledgments
for this mark of your attention, Sir, your most obedient humble servant.
TO DOCTOR PRIESTLY.
PHILADELPHIA, January 18, 1800.
DEAR SIR,--I have to thank you for the pamphlets you were so kind as to
send me. You will know what I thought of them by my having before sent a
dozen sets to Virginia to distribute among my friends. Yet I thank you not
the less for these, which I value the more as they came from yourself. The
stock of them which Campbell had was, I believe, exhausted the first or
second day of advertising them. The papers of political arithmetic, both
in yours and Mr. Cooper's pamphlets, are the most precious gifts that can
be made to us; for we are running navigation mad, and commerce mad, and
navy mad, which is worst of all. How desirable is it that you could pursue
that subject for us. From the Porcupines of our country you will receive
no thanks; but the great mass of our nation will edify and thank you.
How deeply have I been chagrined and mortified at the persecutions which
fanaticism and monarchy have excited against you, even here! At first I
believed it was merely a continuance of the English persecution. But I
observe that on the demise of Porcupine and division of his inheritance
between Fenno and Brown, the latter (though succeeding only to the
_federal_ portion of Porcupinism, not the _Anglican_, which is Fenno's
part) serves up for the palate of his sect, dishes of abuse against you
as high seasoned as Porcupine's were. You have sinned against church and
king, and can therefore never be forgiven. How sincerely have I regretted
that your friend, before he fixed his choice of a position, did not
visit the valleys on each side of the ridge in Virginia, as Mr. Madison
and myself so much wished. You would have found there equal soil, the
finest climate and most healthy one on the earth, the homage of universal
reverence and love, and the power of the country spread over you as a
shield. But since you would not make it your country by adoption, you must
now do it by your good offices. I have one to propose to you which will
produce their good, and gratitude to you for ages, and in the way to which
you have devoted a long life, that of spreading light among men.
We have in that State a College (William and Mary) just well enough
endowed to draw out the miserable existence to which a miserable
constitution has doomed it. It is moreover eccentric in its position,
exposed to all bilious diseases as all the lower country is, and therefore
abandoned by the public care, as that part of the country itself is in
a considerable degree by its inhabitants. We wish to establish in the
upper country, and more centrally for the State, an University on a plan
so broad and liberal and _modern_, as to be worth patronizing with the
public support, and be a temptation to the youth of other States to come
and drink of the cup of knowledge and fraternize with us. The first step
is to obtain a good plan; that is, a judicious selection of the sciences,
and a practicable grouping of some of them together, and ramifying of
others, so as to adopt the professorships to our uses and our means. In
an institution meant chiefly for use, some branches of science, formerly
esteemed, may be now omitted; so may others now valued in Europe, but
useless to us for ages to come. As an example of the former, the oriental
learning, and of the latter, almost the whole of the institution proposed
to Congress by the Secretary of War's report of the 5th inst. Now there is
no one to whom this subject is so familiar as yourself. There is no one in
the world who, equally with yourself, unites this full possession of the
subject with such a knowledge of the state of our existence, as enables
you to fit the garment to him who is to _pay_ for it and to _wear_ it. To
you therefore we address our solicitations, and to lessen to you as much
as possible the ambiguities of our object, I will venture even to sketch
the sciences which seem useful and practicable for us, as they occur to
me while holding my pen. Botany, chemistry, zoology, anatomy, surgery,
medicine, natural philosophy, agriculture, mathematics, astronomy,
geography, politics, commerce, history, ethics, law, arts, fine arts. This
list is imperfect because I make it hastily, and because I am unequal to
the subject. It is evident that some of these articles are too much for
one professor and must therefore be ramified; others may be ascribed in
groups to a single professor. This is the difficult part of the work,
and requires a head perfectly knowing the extent of each branch, and the
limits within which it may be circumscribed, so as to bring the whole
within the powers of the fewest professors possible, and consequently
within the degree of expense practicable for us. We should propose that
the professors follow no other calling, so that their whole time may be
given to their academical functions; and we should propose to draw from
Europe the first characters in science, by considerable temptations,
which would not need to be repeated after the first set should have
prepared fit successors and given reputation to the institution. From some
splendid characters I have received offers most perfectly reasonable and
practicable.
I do not propose to give you all this trouble merely of my own head,
that would be arrogance. It has been the subject of consultation among
the ablest and highest characters of our State, who only wait for a plan
to make a joint and I hope a successful effort to get the thing carried
into effect. They will receive your ideas with the greatest deference
and thankfulness. We shall be here certainly for two months to come; but
should you not have leisure to think of it before Congress adjourns, it
will come safely to me afterwards by post, the nearest post office being
Milton.
Will not the arrival of Dupont tempt you to make a visit to this quarter?
I have no doubt the alarmists are already whetting their shafts for
him also, but their gas is nearly run out, and the day I believe is
approaching when we shall be as free to pursue what is true wisdom as the
effects of their follies will permit; for some of them we shall be forced
to wade through because we are emerged in them.
Wishing you that pure happiness which your pursuits and circumstances
offer, and which I am sure you are too wise to suffer a diminution of by
the pigmy assaults made on you, and with every sentiment of affectionate
esteem and respect, I am, dear Sir, your most humble, and most obedient
servant.
TO HENRY INNIS, ESQ.
PHILADELPHIA, January 23, 1800.
DEAR SIR,--Your favor of December 6th I received here on the 30th of same
month, and have to thank you for the papers it contained. They serve to
prove that if Cressap was not of the party of Logan's murderers, yet no
injury was done his character by believing it. I shall, while here this
winter, publish such material testimony on the subject as I have received;
which by the kindness of my friends will be amply sufficient. It will
appear that the deed was generally imputed to Cressap by both whites and
Indians, that his character was justly stained with their blood, perhaps
that he ordered this transaction, but that he was not himself present
at the time. I shall consequently make a proper change in the text of
the Notes on Virginia, to be adopted, if any future edition of that work
should be printed.
With respect to the judiciary district to be established for the Western
States, nothing can be wilder than to annex to them any State on the
Eastern waters. I do not know what may be the dispositions of the House of
Representatives on that subject, but I should hope from what I recollect
of those manifested by the Senate on the same subject at the former
session, that they may be induced to set off the Western country in a
district. And I expect that the reason of the thing must bring both Houses
into the measure.
The Mississippi Territory has petitioned to be placed at once in what is
called the second stage of government. Surely, such a government as the
first form prescribed for the Territories is a despotic oligarchy without
one rational object.
I had addressed the enclosed letters to the care of the postmaster at
Louisville; but not knowing him, I have concluded it better to ask the
favor of you to avail them of any passage which may offer down the river.
I presume the boats stop of course at those places.
We have wonderful rumors here at this time. One that the King of England
is dead. As this would ensure a general peace, I do not know that it would
be any misfortune to humanity. The other is that Bonaparte, Sieyes and
Ducos have usurped the French government. This is _West India_ news, and
shows that after killing Bonaparte a thousand times, they have still a
variety of parts to be acted by him. Were it really true----. While I was
writing the last word a gentleman enters my room and brings a confirmation
that something has happened at Paris. This is arrived at New York by a
ship from Cork. The particulars differ from the West India account. We are
therefore only to believe that a revolution of some kind has taken place,
and that Bonaparte is at the head of it, but what are the particulars and
what the object, we must wait with patience to learn. In the meantime
we may speak hypothetically. If Bonaparte declares for Royalty, either
in his own person, or of Louis XVIII., he has but a few days to live. In
a nation of so much enthusiasm, there must be a million of Brutuses who
will devote themselves to death to destroy him. But, without much faith in
Bonaparte's heart, I have so much in his head, as to indulge another train
of reflection. The republican world has been long looking with anxiety on
the two experiments going on of a _single_ elective Executive here, and
a plurality there. Opinions have been considerably divided on the event
in both countries. The greater opinion there has seemed to be heretofore
in favor of a plurality, here it has been very generally, though not
universally, in favor of a single elective Executive. After eight or nine
years experience of perpetual broils and factions in their Directory, a
standing division (under all changes) of three against two, which results
in a government by a single opinion, it is possible they may think the
experiment decided in favor of our form, and that Bonaparte may be for
a single executive, limited in time and power, and flatter himself with
the election to that office; and that to this change the nation may rally
itself; perhaps it is the only one to which all parties could be rallied.
In every case it is to be feared and deplored that, that nation has yet to
wade through half a century of disorder and convulsions. These, however,
are conjectures only, which you will take as such, and accept assurances
of the great esteem and attachment of, dear Sir, your friend and servant.
TO DR. PRIESTLY.
PHILADELPHIA, January 27, 1800.
DEAR SIR,--In my last letter of the 18th, I omitted to say any thing
of the languages as part of our proposed University. It was not that
I think, as some do, that they are useless. I am of a very different
opinion. I do not think them very essential to the obtaining eminent
degrees of science; but I think them very useful towards it. I suppose
there is a portion of life during which our faculties are ripe enough for
this, and for nothing more useful. I think the Greeks and Romans have
left us the present models which exist of fine composition, whether we
examine them as works of reason, or of style and fancy; and to them we
probably owe these characteristics of modern composition. I know of no
composition of any other ancient people, which merits the least regard
as a model for its matter or style. To all this I add, that to read the
Latin and Greek authors in their original, is a sublime luxury; and I
deem luxury in science to be at least as justifiable as in architecture,
painting, gardening, or the other arts. I enjoy Homer in his own language
infinitely beyond Pope's translation of him, and both beyond the dull
narrative of the same events by Dares Phrygius; and it is an innocent
enjoyment. I thank on my knees, Him who directed my early education, for
having put into my possession this rich source of delight; and I would
not exchange it for anything which I could then have acquired, and have
not since acquired. With this regard for those languages, you will acquit
me of meaning to omit them. About twenty years ago, I drew a bill for
our legislature, which proposed to lay off every county into hundreds or
townships of five or six miles square, in the centre of each of them was
to be a free English school; the whole State was further laid off into
ten districts, in each of which was to be a college for teaching the
languages, geography, surveying, and other useful things of that grade;
and then a single University for the sciences. It was received with
enthusiasm; but as I had proposed that William and Mary, under an improved
form, should be the University, and that was at that time pretty highly
Episcopal, the dissenters after awhile began to apprehend some secret
design of a preference to that sect. About three years ago they enacted
that part of my bill which related to English schools, except that instead
of obliging, they left it optional in the court of every county to carry
it into execution or not. I think it probable the part of the plan for the
middle grade of education, may also be brought forward in due time. In the
meanwhile, we are not without a sufficient number of good country schools,
where the languages, geography, and the first elements of mathematics, are
taught. Having omitted this information in my former letter, I thought
it necessary now to supply it, that you might know on what base your
superstructure was to be reared. I have a letter from Mr. Dupont, since
his arrival at New York, dated the 20th, in which he says he will be
in Philadelphia within about a fortnight from that time; but only on a
visit. How much would it delight me if a visit from you at the same time,
were to show us two such illustrious foreigners embracing each other in
my country, as the asylum for whatever is great and good. Pardon, I pray
you, the temporary delirium which has been excited here, but which is fast
passing away. The Gothic idea that we are to look backwards instead of
forwards for the improvement of the human mind, and to recur to the annals
of our ancestors for what is most perfect in government, in religion and
in learning, is worthy of those bigots in religion and government, by whom
it has been recommended, and whose purposes it would answer. But it is not
an idea which this country will endure; and the moment of their showing it
is fast ripening; and the signs of it will be their respect for you, and
growing detestation of those who have dishonored our country by endeavors
to disturb our tranquillity in it. No one has felt this with more
sensibility than, my dear Sir, your respectful and affectionate friend and
servant.
TO JOHN BRACKENRIDGE.
PHILADELPHIA, January 29, 1800.
DEAR SIR,--Your favor of the 13th has been duly received, as had been
that containing the resolutions of your legislature on the subject of the
former resolutions. I was glad to see the subject taken up, and done with
so much temper, firmness and propriety. From the reason of the thing I
cannot but hope that the western country will be laid off into a separate
judiciary district. From what I recollect of the dispositions on the
same subject at the last session, I should expect that the partiality to
a general and uniform system would yield to geographical and physical
impracticabilities. I was once a great advocate for introducing into
chancery _vivâ voce_ testimony, and trial by jury. I am still so as to
the latter, but have retired from the former opinion on the information
received from both your State and ours, that it worked inconveniently. I
introduced it into the Virginia law, but did not return to the bar, so
as to see how it answered. But I do not understand how the _vivâ voce_
examination comes to be practiced in the Federal court with you, and not
in your own courts; the Federal courts being decided by law to proceed and
decide by the laws of the States. * * * * *
TO N. R----.
PHILADELPHIA, February 2, 1800.
My letters to yourself and my dear Martha have been of January 13th, 21st,
and 28th. I now enclose a letter lately received for her. You will see
in the newspapers all the details we have of the proceedings of Paris.
I observe that Lafayette is gone there. When we see him, Volney, Sieyes,
Talleyrand, gathering round the new powers, we may conjecture from thence
their views and principles. Should it be really true that Bonaparte
has usurped the government with an intention of making it a free one,
whatever his talents may be for war, we have no proofs that he is skilled
in forming governments friendly to the people. Wherever he has meddled
we have seen nothing but fragments of the old Roman government stuck
into materials with which they can form no cohesion: we see the bigotry
of an Italian to the ancient splendor of his country, but nothing which
bespeaks a luminous view of the organization of rational government.
Perhaps however this may end better than we augur; and it certainly
will if his head is equal to true and solid calculations of glory. It is
generally hoped here that peace may take place. There was before no union
of views between Austria and the members of the triple coalition; and the
defeats of Suwarrow appear to have completely destroyed the confidence
of Russia in that power, and the failure of the Dutch expedition to
have weaned him from the plans of England. The withdrawing his armies we
hope is the signal for the entire dissolution of the coalition, and for
every one seeking his separate peace. We have great need of this event,
that foreign affairs may no longer bear so heavily on ours. We have
great need for the ensuing twelve months to be left to ourselves. The
enemies of our Constitution are preparing a fearful operation, and the
dissensions in this State are too likely to bring things to the situation
they wish, when our Bonaparte, surrounded by his comrades in arms,
may step in to give us political salvation in his way. It behoves our
citizens to be on their guard, to be firm in their principles, and full
of confidence in themselves. We are able to preserve our self-government
if we will but think so. I think the return of Lafayette to Paris ensures
a reconciliation between them and us. He will so entwist himself with
the Envoys that they will not be able to draw off. Mr. C. Pinckney has
brought into the Senate a bill for the uniform appointment of juries. A
tax on Public stock, Bank stock, &c., is to be proposed. This would bring
one hundred and fifty millions into contribution with the lands, and
levy a sensible proportion of the expenses of a war on those who are so
anxious to engage us in it. Robins' affair is perhaps to be inquired into.
However, the majority against these things leave no hope of success. It
is most unfortunate that while Virginia and North Carolina were steady,
the Middle States drew back; now that these are laying their shoulders
to the draught, Virginia and North Carolina baulk; so that never drawing
together, the Eastern States, steady and unbroken, draw all to themselves.
I was mistaken last week in saying no more failures had happened. New
ones have been declaring every day in Baltimore, others here and at New
York. The last here have been Nottnagil, Montmollin and Co., and Peter
Blight. These sums are enormous. I do not know the firms of the bankrupt
houses in Baltimore, but the crush will be incalculable. In the present
stagnation of commerce, and particularly that in tobacco, it is difficult
to transfer money from hence to Richmond. Government bills on their custom
house at Bermuda can from time to time be had. I think it would be best
for Mr. Barnes always to keep them bespoke, and to remit in that way your
instalments as fast as they are either due or within the discountable
period. The 1st is due the middle of March, and so from two months to
two months in five equal instalments. I am looking out to see whether
such a difference of price here may be had as will warrant our bringing
our tobacco from New York here, rather than take eight dollars there.
We have been very unfortunate in this whole business. First in our own
miscalculations of the effect of the non-intercourse law; and where we had
corrected our opinions, that our instructions were from good, but mistaken
views, not executed. My constant love to my dear Martha, kisses to her
young ones, and affectionate esteem to yourself.
TO SAMUEL ADAMS.
PHILADELPHIA, February 26, 1800.
DEAR SIR,--Mr. Erving delivered me your favor of January 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 representatives, 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 of the water, laboring in the same
cause, have yet a great deal of crime and misery to wade through. My
confidence has 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.
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 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 of 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 deposit. Robbins' 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 its
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
over-hauling the editor of the Aurora. It was carried, as usual, by about
two to one; H. Marshal 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.
M'Kean, therefore, intends to call the legislature to meet immediately
after the new election, to appoint electors themselves. Still you may
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.
TO COLONEL HAWKINS.
PHILADELPHIA, March 14, 1800.
DEAR SIR,--I had twice before attempted to open a correspondence by
writing unto you, but receiving no answer, I took it for granted my
letters did not reach you, and consequently that no communication could
be found. Yesterday, however, your nephew put into my hands your favor
of January 23d, and informs me that a letter sent by post by way of Fort
Wilkinson, will be certain of getting safely to you. Still, I expect your
long absence from this part of the States, has rendered occurrences here
but little interesting to you. Indeed, things have so much changed their
aspect, it is like a new world. Those who know us only from 1775 to 1793
can form no better idea of us now than of the inhabitants of the moon; I
mean as to political matters. Of these, therefore, I shall not say one
word, because nothing I could say, would be any more intelligible to
you, if said in English, than if said in Hebrew. On your part, however,
you have interesting details to give us. I particularly take great
interest in whatever respects the Indians, and the present state of the
Creeks, mentioned in your letter, is very interesting. But you must not
suppose that your official communications will ever be seen or known out
of the offices. Reserve as to all their proceedings is the fundamental
maxim of the Executive department. I must, therefore, ask from you one
communication to be made to me separately, and I am encouraged to it
by that part of your letter which promises me something on the Creek
language. I have long believed we can never get any information of the
ancient history of the Indians, of their descent and filiation, but from
a knowledge and comparative view of their languages. I have, therefore,
never failed to avail myself of any opportunity which offered of getting
their vocabularies. I have now made up a large collection, and afraid to
risk it any longer, lest by some accident it might be lost, I am about to
print it. But I still want the great southern languages, Cherokee, Creeks,
Choctaw, Chickasaw. For the Cherokee, I have written to another, but for
the three others, I have no chance but through yourself. I have indeed an
imperfect vocabulary of the Choctaw, but it wants all the words marked
in the enclosed vocabulary[13] with either this mark (*) or this (†).
I therefore throw myself on you to procure me the Creek, Choctaw, and
Chickasaw; and I enclose you a vocabulary of the particular words I want.
You need not take the trouble of having any others taken, because all my
other vocabularies are confined to these words, and my object is only a
comparative view. The Creek column I expect you will be able to fill up
at once, and when done I should wish it to come on without waiting for
the others. As to the Choctaw and Chickasaw, I know your relations are
not very direct, but as I possess no means at all of getting at them, I
am induced to pray your aid. All the despatch which can be conveniently
used is desirable to me, because this summer I propose to arrange all my
vocabularies for the press, and I wish to place every tongue in the column
adjacent to its kindred tongues. Your letters, addressed by post to me at
Monticello, near Charlottesville, will come safely, and more safely than
if put under cover to any of the offices, where they may be mislaid or
lost.
Your old friend, Mrs. Trist, is now settled at Charlottesville, within
two and a half miles of me. She lives with her son, who married here,
and removed there. She preserves her health and spirits fully, and is
much beloved with us, as she deserves to be. As I know she is a favorite
correspondent of yours, I shall observe that the same channel will be a
good one to her as I have mentioned for myself. Indeed, if you find our
correspondence worth having, it can now be as direct as if you were in
one of these States. Mr. Madison is well. I presume you have long known of
his marriage. He is not yet a father. Mr. Giles is happily and wealthily
married to a Miss Tabb. This I presume is enough for a first dose; after
hearing from you, and knowing how it agrees with you, it may be repeated.
With sentiments of constant and sincere esteem, I am, dear Sir, your
affectionate friend and servant.
FOOTNOTE:
[13] [This vocabulary is missing.]
TO P. N. NICHOLAS.
PHILADELPHIA, April 7, 1800.
DEAR SIR,--It is too early to think of a declaratory act as yet, but the
time is approaching and not distant. Two elections more will give us a
solid majority in the House of Representatives, and a sufficient one in
the Senate. As soon as it can be depended on, we must have "a Declaration
of the principles of the Constitution" in nature of a Declaration of
rights, in all the points in which it has been violated. The people in
the middle States are almost rallied to Virginia already; and the eastern
States are commencing the vibration which has been checked by X. Y. Z.
North Carolina is at present in the most dangerous state. The lawyers all
tories, the people substantially republican, but uninformed and deceived
by the lawyers, who are elected of necessity because few other candidates.
The medicine for that State must be very mild and secretly administered.
But nothing should be spared to give them true information. I am, dear
Sir, yours affectionately.
TO E. LIVINGSTON, ESQ.
PHILADELPHIA, April 30, 1800.
DEAR SIR,--I received with great pleasure your favor of the 11th instant.
By this time I presume the result of your labors is known with you,
though not here. Whatever it may be, and my experience of the art,
industry, and resources of the other party has not permitted me to be
prematurely confident, yet I am entirely confident that ultimately the
great body of the people are passing over from them. This may require one
or two elections more; but it will assuredly take place. The madness and
extravagance of their career is what ensures it. The people through all
the States are for republican forms; republican principles, simplicity,
economy, religious and civil freedom.
I have nothing to offer you but Congressional news. The Judiciary bill is
postponed to the next session; so the Militia; so the Military Academy.
The bill for the election of the President and Vice President has
undergone much revolution. Marshall made a dexterous manœuvre; he declares
against the constitutionality of the Senate's bill, and proposed that the
right of decision of their grand committee should be controllable by the
_concurrent_ votes of the two houses of Congress; but to stand good if
not rejected by a concurrent vote. You will readily estimate the amount
of this sort of control. The Committee of the House of Representatives,
however, took from the Committee the right of giving any opinion,
requiring them to report facts only, and that the votes returned by the
States should be counted, unless reported by a concurrent vote of both
houses. In what form it will pass them or us, cannot be foreseen. Our Jury
bill in Senate will pass so as merely to accommodate New York and Vermont.
The House of Representatives sent us yesterday a bill for incorporating
a company to work Roosewell's copper mines in New Jersey. I do not know
whether it is understood that the Legislature of Jersey was incompetent
to this, or merely that we have concurrent legislation under the sweeping
clause. Congress are authorized to defend the nation. Ships are necessary
for defence; copper is necessary for ships; mines necessary for copper;
a company necessary to work mines; and who can doubt this reasoning who
has ever played at "This is the House that Jack built?" Under such a
process of filiation of necessities the sweeping clause makes clean work.
We shall certainly rise on the 12th. There is nothing to do now but to
pass the Ways and Means, and to settle some differences of opinion of the
two houses on the Georgia bill, the bill for dividing the North-Western
Territory, and that for the sale of the Western lands. Salutations and
affectionate esteem. Adieu.
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. This 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 purpose, 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.
TO GIDEON GRANGER.
MONTICELLO, August 13, 1800.