You suppose, that you have been abused by both parties. As far as has come to my knowledge, you are misinformed. I have never seen or heard a sentence of blame uttered against you by the republicans; unless we were so to construe their wishes that you had more boldly co-operated in a project of a treaty, and would more explicitly state, whether there was in your colleagues that flexibility, which persons earnest after peace would have practised. Whether, on the contrary, their demeanor was not cold, reserved, and distant, at least, if not backward; and whether, if they had yielded to those informal conferences which Talleyrand seems to have courted, the liberal accommodation you suppose, might not have been effected, even with their agency. Your fellow-citizens think they have a right to full information, in a case of such great concernment to them. It is their sweat which is to earn all the expenses of the war, and their blood which is to flow in expiation of the causes of it. It may be in your power to save them from these miseries by full communications and unrestrained details, postponing motives of delicacy to those of duty. It rests with you to come forward independently; to make your stand on the high ground of your own character; to disregard calumny, and to be borne above it on the shoulders of your grateful fellow-citizens; or to sink into the humble oblivion to which the federalists (self-called) have secretly condemned you; and even to be happy if they will indulge you with oblivion, while they have beamed on your colleagues meridian splendor. Pardon me, my dear Sir, if my expressions are strong. My feelings are so much more so, that it is with difficulty I reduce them even to the tone I use. If you doubt the dispositions towards you, look into the papers, on both sides, for the toasts which were given throughout the States on the fourth of July. You will there see whose hearts were with you, and whose were ulcerated against you. Indeed, as soon as it was known that you had consented to stay in Paris, there was no measure observed in the execrations of the war-party. They openly wished you might be guillotined, or sent to Cayenne, or any thing else. And these expressions were finally stifled from a principle of policy only, and to prevent you from being urged to a justification of yourself. From this principle alone proceed the silence and cold respect they observe towards you. Still, they cannot prevent at times the flames bursting from under the embers, as Mr. Pickering's letters, report, and conversations testify, as well as the indecent expressions respecting you, indulged by some of them in the debate on these despatches. These sufficiently show that you are never more to be honored or trusted by them, and that they wait to crush you for ever, only till they can do it without danger to themselves.

When I sat down to answer your letter, but two courses presented themselves, either to say nothing or every thing; for half confidences are not in my character. I could not hesitate which was due to you. I have unbosomed myself fully; and it will certainly be highly gratifying if I receive like confidence from you. For even if we differ in principle more than I believe we do, you and I know too well the texture of the human mind, and the slipperiness of human reason, to consider differences of opinion otherwise than differences of form or feature. Integrity of views, more than their soundness, is the basis of esteem. I shall follow your direction in conveying this by a private hand; though I know not as yet when one worthy of confidence will occur. And my trust in you leaves me without a fear that this letter, meant as a confidential communication of my impressions, may ever go out of your own hand, or be suffered in any wise to commit my name. Indeed, besides the accidents which might happen to it even under your care, considering the accident of death to which you are liable, I think it safest to pray you, after reading it as often as you please, to destroy at least the second and third leaves. The first contains principles only, which I fear not to avow; but the second and third contain facts stated for your information, and which, though sacredly conformable to my firm belief, yet would be galling to some, and expose me to illiberal attacks. I therefore repeat my prayer to burn the second and third leaves. And did we ever expect to see the day, when, breathing nothing but sentiments of love to our country and its freedom and happiness, our correspondence must be as secret as if we were hatching its destruction? Adieu, my friend, and accept my sincere and affectionate salutations. I need not add my signature.



LETTER CCXLVI.—TO EDMUND PENDLETON, January 29, 1799

TO EDMUND PENDLETON.

Philadelphia, January 29, 1799.

Dear Sir,

Your patriarchal address to your country is running through all 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 handbills, 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 often 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 any body 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 every thing 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.

Th: Jefferson.



LETTER CCXLVII.—TO JAMES MADISON, February 5, 1799

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 had 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.

Th: Jefferson.



LETTER CCXLVIII.—TO EDMUND PENDLETON, February 14, 1799

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. Any thing 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, re-captured, 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 mean time, 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 the 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 it down so clearly and shortly in his 'Summary of the Law of Nations,' B. 7. ch. 2. sect. 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 additional army of nine thousand (now officered and levying), passing a bill for an eventual army of thirty regiments (thirty thousand) and for rigimenting, brigading, officering, and exercising at the public expense our volunteer army, the amount of which we know not. I enclose you a copy of the bill, which has been twice read and committed in Senate. To meet this expense, and that of the six seventy-fours and six eighteens, part of the proposed fleet, we have opened a loan of five millions at eight per cent., and authorize another of two millions: and, at the same time, every man voting for these measures acknowledges there is no probability of an invasion by France. While speaking of the restoration of our vessel, I omitted to add, that it is said that our government contemplate restoring the Frenchmen taken originally in the same vessel, and kept at Lancaster as prisoners. This has furnished the idea of calling her a cartel vessel, and pretending that she came as such for an exchange of prisoners, which is false. She was delivered free and without condition, but it does not suit to let any new evidence appear of the desire of conciliation in France.

I believe it is now certain that the commissioners on the British debts can proceed together no longer. I am told that our two have prepared a long report, which will perhaps be made public. The result will be, that we must recur again to negotiation, to settle the principles of the British claims. You know that Congress rises on the 3rd of March, and that if you have acceded to my prayers, I should hear from you at least a week before our rising. Accept my affectionate salutations, and assurances of the sincere esteem with which I am, Dear Sir, your friend and servant,

Th: Jefferson.



LETTER CCXLIX.—TO JAMES MADISON, February 19, 1799

TO JAMES MADISON.

Philadelphia, February 19, 1799.

Dear Sir,

I wrote you last on the 11th; yesterday the bill for the eventual army of thirty regiments (thirty thousand) and seventy-five thousand volunteers, passed the Senate. By an amendment, the President was authorized to use the volunteers for every purpose for which he can use militia, so that the militia are rendered completely useless. The friends of the bill acknowledge that the volunteers are a militia, and agreed that they might properly be called the 'Presidential militia.' They are not to go out of their State without their own consent. Consequently, all service out of the State is thrown on the constitutional militia, the Presidential militia being exempted from doing duty with them. Leblane, an agent from Desfourneaux, of Guadaloupe, came in the Retaliation. You will see in the papers Desfourneaux's letter to the President, which will correct some immaterial circumstances of the statement in my last. You will see the truth of the main fact, that the vessel and crew were liberated without condition. Notwithstanding this, they have obliged Leblane to receive the French prisoners, and to admit, in the papers, the terms, 'in exchange for prisoners taken from us,' he denying at the same time that they consider them as prisoners, or had any idea of exchange. The object of his mission was not at all relative to that; but they choose to keep up the idea of a cartel, to prevent the transaction from being used as evidence of the sincerity of the French government towards a reconciliation. He came to assure us of a discontinuance of all irregularities in French privateers from Guadaloupe. He has been received very cavalierly. In the mean time, a Consul General is named to St. Domingo: who may be considered as our Minister to Toussaint.

But the event of events was announced to the Senate yesterday. It is this: it seems that soon after Gerry's departure, overtures must have been made by Pichon, French 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 mean time, they have been permitted to go on with all the measures of war and patronage, and when the close of the session is at hand it is made known. However, it silences all arguments against the sincerity of France, and renders desperate every further effort towards war. I enclose you a paper with more particulars. Be so good as to keep it till you see me, and then return it, as it is the copy of one I sent to another person, and is the only copy I have. Since I began my letter I have received yours of February the 7th and 8th, with its enclosures; that referred to my discretion is precious, and shall be used accordingly.

Affectionate salutations to Mrs. Madison and yourself, and adieu.

Th: Jefferson,



LETTER CCL.—TO GENERAL KOSCIUSKO, February 21, 1799

TO GENERAL KOSCIUSKO.

Philadelphia, February 21, 1799.

My Dear Friend,

*****

On politics I must write sparingly, lest it should fall into the hands of persons who do not love either you or me. The wonderful irritation produced in the minds of our citizens by the X. Y. Z. story, has in a great measure subsided. They begin to suspect and to see it coolly in its true light. Mr. Gerry's communications, with other information, prove to them that France is sincere in her wishes for reconciliation; and a recent proposition from that country, through Mr. Murray, puts the matter out of doubt. What course the government will pursue, I know not. But if we are left in peace, I have no doubt the wonderful turn in the public opinion now manifestly taking place and rapidly increasing, will, in the course of this summer, become so universal and so weighty, that friendship abroad and freedom at home will be firmly established by the influence and constitutional powers of the people at large. If we are forced into war, we must give up political differences of opinion, and unite as one man to defend our country. But whether at the close of such a war, we should be as free as we are now, God knows. In fine, if war takes place, republicanism has every thing to fear; if peace, be assured that your forebodings and my alarms will prove vain; and that the spirit of our citizens now rising as rapidly as it was then running crazy, and rising with a strength and majesty which show the loveliness of freedom, will make this government in practice, what it is in principle, a model for the protection of man in a state of freedom and order. May Heaven have in store for your country a restoration of these blessings, and you be destined as the instrument it will use for that purpose. But if this be forbidden by fate, I hope we shall be able to preserve here an asylum where your love of liberty and disinterested patriotism will be for ever protected and honored, and where you will find in the hearts of the American people, a good portion of that esteem and affection which glow in the bosom of the friend who writes this; and who with sincere prayers for your health, happiness, and success, and cordial salutations, bids you, for this time, adieu.

Th: Jefferson.



LETTER CCLI.—TO JAMES MADISON, February 26, 1799

TO JAMES MADISON.

Philadelphia, February 26, 1799.

Dear Sir,

My last to you was of the 19th; it acknowledged yours of the 8th. In mine I informed you of the nomination of Murray. There is evidence that the letter of Talleyrand was known to one of the Secretaries, therefore probably to all; the nomination, however, is declared by one of them to have been kept secret from them all. He added, that he was glad of it, as, had they been consulted, the advice would have been against making the nomination. To the rest of the party, however, the whole was a secret till the nomination was announced. Never did a party show a stronger mortification, and consequently, that war had been their object. Dana declared in debate (as I have from those who were present) that we had done every thing which might provoke France to war; that we had given her insults which no nation ought to have borne; and yet she would not declare war. The conjecture as to the executive is, that they received Talleyrand's letter before or about the meeting of Congress: that not meaning to meet the overture effectually, they kept it secret, and let all the war measures go on; but that just before the separation of the Senate, the President, not thinking he could justify the concealing such an overture, nor indeed that it could be concealed, made a nomination, hoping that his friends in the Senate would take on their own shoulders the odium of rejecting it; but they did not choose it. The Hamiltonians would not, and the others could not, alone. The whole artillery of the phalanx, therefore, was played secretly on the President, and he was obliged himself to take a step which should parry the overture while it wears the face of acceding to it. (Mark that I state this as conjecture; but founded on workings and indications which have been under our eyes.) Yesterday, therefore, he sent in a nomination of Oliver Ellsworth, Patrick Henry, and William Vans Murray, Envoys Extraordinary and Ministers Plenipotentiary to the French Republic, but declaring the two former should not leave this country till they should receive from the French Directory assurances that they should be received with the respect due by the law of nations to their character, &c. This, if not impossible, must at least keep off the day, so hateful and so fatal to them, of reconciliation, and leave more time for new projects of provocation. Yesterday witnessed a scandalous scene in the House of Representatives. It was the day for taking up the report of their committee against the alien and sedition laws, &.c. They held a caucus and determined that not a word should be spoken on their side, in answer to any thing which should be said on the other. Gallatin took up the alien, and Nicholas the sedition law; but after a little while of common silence, they began to enter into loud conversations, laugh, cough, &c., so that for the last hour of these gentlemen's speaking, they must have had the lungs of a vendue-master to have been heard. Livingston, however, attempted to speak. But after a few sentences, the speaker called him to order, and told him what he was saying was not to the question. It was impossible to proceed. The question was taken and carried in favor of the report, fifty-two to forty-eight; the real strength of the two parties is fifty-six to fifty. But two of the latter have not attended this session. I send you the report of their committee. I still expect to leave this on the 1st, and be with you on the 7th of March. But it is possible I may not set out till the 4th, and then shall not be with you till the 10th. Affectionately adieu.

Th: Jefferson.



LETTER CCLII.—TO T. LOMAX, March 12, 1799

TO T. LOMAX.

Monticello, March 12, 1799.

Dear Sir,

Your welcome favor of last month came to my hands in Philadelphia. So long a time has elapsed since we have been separated by events, that it was like a letter from the dead, and recalled to my memory very dear recollections. My subsequent journey through life has offered nothing which, in comparison with those, is not cheerless and dreary. It is a rich comfort sometimes to look back on them.

I take the liberty of enclosing a letter to Mr. Baylor, open, because I solicit your perusal of it. It will, at the same time, furnish the apology for my not answering you from Philadelphia. You ask for any communication I may be able to make, which may administer comfort to you. I can give that which is solid. The spirit of 1776 is not dead. It has only been slumbering. The body of the American people is substantially republican. But their virtuous feelings have been played on by some fact with more fiction; they have been the dupes of artful manoeuvres, and made for a moment to be willing instruments in forging chains for themselves. But time and truth have dissipated the delusion, and opened their eyes. They see now that France has sincerely wished peace, and their seducers have wished war, as well for the loaves and fishes which arise out of war expenses, as for the chance of changing the constitution, while the people should have time to contemplate nothing but the levies of men and money. Pennsylvania, Jersey, and New York are coming majestically round to the true principles. In Pennsylvania, thirteen out of twenty-two counties had already petitioned on the alien and sedition laws. Jersey and New York had begun the same movement, and though the rising of Congress stops that channel for the expression of their sentiment, the sentiment is going on rapidly, and before their next meeting those three States will be solidly embodied in sentiment with the six southern and western ones. The atrocious proceedings of France towards this country had well nigh destroyed its liberties. The Anglomen and monocrats had so artfully confounded the cause of France with that of freedom, that both went down in the same scale. I sincerely join you in abjuring all political connection with every foreign power: and though I cordially wish well to the progress of liberty in all nations, and would for ever give it the weight of our countenance, yet they are not to be touched without contamination, from their other bad principles. Commerce with all nations, alliance with none, should be our motto.

Accept assurances of the constant and unaltered affection of, Dear Sir, your sincere friend and servant,

Th: Jefferson.



LETTER CCLIII.—TO EDMUND RANDOLPH, August 18, 1799

TO EDMUND RANDOLPH.

Monticello, August 18, 1799

Dear Sir,

I received only two days ago your favor of the 12th, and as it was on the eve of the return of our post, it was not possible to make so prompt a despatch of the answer. Of all the doctrines which have ever been broached by the federal government, the novel one, of the common law being in force and cognizable as an existing law in their courts, is to me the most formidable. All their other assumptions of ungiven powers have been in the detail. The bank-law, the treaty-doctrine, the sedition-act, alien-act, the undertaking to change the State laws of evidence in the State courts by certain parts of the stamp-act, &c. &c. have been solitary, inconsequential, timid things, in comparison with the audacious, barefaced, and sweeping pretension to a system of law for the United States, without the adoption of their legislature, and so infinitely beyond their power to adopt. If this assumption be yielded to, the State courts may be shut up, as there will then be nothing to hinder citizens of the same State suing each other in the federal courts in every case, as on a bond for instance, because the common law obliges payment of it, and the common law they say is their law. I am happy you have taken up the subject; and I have carefully perused and considered the notes you enclosed, and find but a single paragraph which I do not approve. It is that wherein (page 2) you say, that laws being emanations from the legislative department, and, when once enacted, continuing in force from a presumption that their will so continues, that that presumption fails, and the laws of course fall, on the destruction of that legislative department. I do not think this is the true bottom on which laws and the administering them rest. The whole body of the nation is the sovereign legislative, judiciary, and executive power for itself. The inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge, and to execute it. It is the will of the nation which makes the law obligatory; it is their will which creates or annihilates the organ which is to declare and announce it. They may do it by a single person, as an Emperor of Russia (constituting his declarations evidence of their will), or by a few persons, as the aristocracy of Venice, or by a complication of councils, as in our former regal government, or our present republican one. The law being law because it is the will of the nation, is not changed by their changing the organ through which they choose to announce their future will; no more than the acts I have done by one attorney lose their obligation by my changing or discontinuing that attorney. This doctrine has been, in a certain degree, sanctioned by the federal executive. For it is precisely that on which the continuance of obligation from our treaty with France was established, and the doctrine was particularly developed in a letter to Gouverneur Morris, written with the approbation of President Washington and his cabinet. Mercer once prevailed on the Virginia Assembly to declare a different doctrine in some resolutions. These met universal disapprobation in this, as well as the other States, and if I mistake not, a subsequent Assembly did something to do away the authority of their former unguarded resolutions. In this case, as in all others, the true principle will be quite as effectual to establish the just deductions. Before the revolution, the nation of Virginia had, by the organs they then thought proper to constitute, established a system of laws, which they divided into three denominations of, 1. common law; 2. statute law; 3. chancery: or if you please, into two only, of 1. common law; 2. chancery. When by the Declaration of Independence, they chose to abolish their former organs of declaring their will, the acts of will already formally and constitutionally declared, remained untouched. For the nation was not dissolved, was not annihilated; its will, therefore, remained in full vigor: and on the establishing the new organs, first of a convention, and afterwards a more complicated legislature, the old acts of national will continued in force, until the nation should, by its new organs, declare its will changed. The common law, therefore, which was not in force when we landed here, nor till we had formed ourselves into a nation, and had manifested by the organs we constituted that the common law was to be our law, continued to be our law; because the nation continued in being, and because, though it changed the organs for the future declarations of its will, yet it did not change its former declarations that the common law was its law. Apply these principles to the present case. Before the revolution there existed no such nation as the United States: they then first associated as a nation, but for special purposes only. They had all their laws to make, as Virginia had on her first establishment as a nation. But they did not, as Virginia had done, proceed to adopt a whole system of laws ready made to their hand. As their association as a nation was only for special purposes, to wit, for the management of their concerns with one another and with foreign nations, and the States composing the association chose to give it powers for those purposes and no others, they could not adopt any general system, because it would have embraced objects on which this association had no right to form or declare a will. It was not the organ for declaring a national will in these cases. In the cases confided to them, they were free to declare the will of the nation, the law, but till it was declared there could be no law. So that the common law did not become, ipso facto, law on the new association; it could only become so by a positive adoption, and so far only as they were authorized to adopt.

I think it will be of great importance, when you come to the proper part, to portray at full length the consequences of this new doctrine, that the common law is the law of the United States and that their courts have, of course, jurisdiction co-extensive with that law, that is to say, general over all cases and persons. But great heavens! Who could have conceived in 1789, that within ten years we should have to combat such windmills. Adieu. Yours affectionately.

Th: Jefferson.



LETTER CCLIV.—TO WILSON C. NICHOLAS, September 5, 1799

TO WILSON C. NICHOLAS.

Monticello, September 5, 1799.

Dear Sir,

Yours of August the 30th came duly to hand. It was with great regret we gave up the hope of seeing you here, but, could not but consider the obstacle as legitimate. I had written to Mr. Madison, as I had before informed you, and had stated to him some general ideas for consideration and consultation when we should meet. I thought something essentially necessary to be said, in order to avoid the inference of acquiescence; that a resolution or declaration should be passed, 1. answering the reasonings of such of the States as have ventured into the field of reason, and that of the committee of Congress, taking some notice, too, of those States who have either not answered at all, or answered without reasoning. 2. Making firm protestation against the precedent and principle, and reserving the right to make this palpable violation of the federal compact the ground of doing in future whatever we might now rightfully do, should repetitions of these and other violations of the compact render it expedient. 3. Expressing in affectionate and conciliatory language our warm attachment to union with our sister States, and to the instrument and principles by which we are united; that we are willing to sacrifice to this every thing but the rights of self-government in those important points which we have never yielded, and in which alone we see liberty, safety, and happiness; that not at all disposed to make every measure of error or of wrong, a cause of scission, we are willing to look on with indulgence, and to wait with patience, till those passions and delusions shall have passed over, which the federal government have artfully excited to cover its own abuses and conceal its designs, fully confident that the good sense of the American people, and their attachment to those very rights which we are now vindicating, will, before it shall be too late, rally with us round the true principles of our federal compact. This was only meant to give a general idea of the complexion and topics of such an instrument. Mr. M. who came, as had been proposed, does not concur in the reservation proposed above; and from this I recede readily, not only in deference to his judgment, but because, as we should never think of separation but for repeated and enormous violations, so these, when they occur, will be cause enough of themselves.

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 any thing, I must decline it, to avoid suspicions (which were pretty strong in some quarters on the late occasion), and because there remains still (after their late loss) a mass of talents in Kentucky sufficient for every purpose. The only object of the present communication is to procure a concert in the general plan of action, as it is extremely desirable that Virginia and Kentucky should pursue the same track on this occasion. Besides, how could you better while away the road from hence to Kentucky, than in meditating this very subject and preparing something yourself, than whom nobody will do it better. The loss of your brother, and the visit of the apostle ——— to Kentucky, excite anxiety. However, we doubt not that his poisons will be effectually counterworked. Wishing you a pleasant journey and happy return, I am with great and sincere esteem, Dear Sir, your affectionate friend and servant,

Th: Jefferson.



LETTER CCLV.—TO JAMES MADISON, November 22, 1799

TO JAMES MADISON.

Monticello, November 22, 1799.

Dear Sir,

I have never answered your letter by Mr. Polk, because I expected to have paid you a visit. This has been prevented by various causes, till yesterday. That being the day fixed for the departure of my daughter Eppes, my horses were ready for me to have set out to see you: an accident postponed her departure to this day, and my visit also. But Colonel Monroe dined with me yesterday, and on my asking his commands for you, he entered into the subject of the visit and dissuaded it entirely, founding the motives on the espionage of the little ———in ——— who would make it a subject of some political slander, and perhaps of some political injury. I have yielded to his representations, and therefore shall not have the pleasure of seeing you till my return from Philadelphia. I regret it sincerely, not only on motives of attention but of affairs. Some late circumstances changing considerably the aspect of our situation, must affect the line of conduct to be observed. I regret it the more too, because from the commencement of the ensuing session, I shall trust the post-offices with nothing confidential, persuaded that during the ensuing twelve months they will lend their inquisitorial aid to furnish matter for newspapers. I shall send you as usual printed communications, without saying any thing confidential on them. You will of course understand the cause.

In your new station let me recommend to you the jury system: as also the restoration of juries in the court of chancery, which a law not long since repealed, because 'the trial by jury is troublesome and expensive.' If the reason be good, they should abolish it at common law also. If Peter Carr is elected in the room of ——— he will undertake the proposing this business, and only need your support. If he is not elected, I hope you will get it done otherwise. My best respects to Mrs. Madison, and affectionate salutations to yourself.

Th: Jefferson.



LETTER CCLVI.—TO COLONEL MONROE, January 12, 1800

TO COLONEL MONROE.

Philadelphia, January 12, 1800.

Dear Sir,

Yours of January the 4th was received last night. I had then no opportunity of communicating to you confidentially information of the state of opinions here; but I learn to-night that two Mr. Randolphs will set out to-morrow morning for Richmond. If I can get this into their hands I shall send it; otherwise it may wait longer. On the subject of an election by a general ticket or by districts, most persons here seem to have made up their minds. All agree that an election by districts wrould be best, if it could be general: but while ten States choose either by their legislatures or by a general ticket, it is folly and worse than folly for the other six not to do it. In these ten States the minority is certainly unrepresented; and their majorities not only have the weight of their whole State in their scale, but have the benefit of so much of our minorities as can succeed at a district election. This is, in fact, insuring to our minorities the appointment of the government. To state it in another form; it is merely a question, whether we will divide the United States into sixteen or one hundred and thirty-seven districts. The latter being more chequered, and representing the people in smaller sections, would be more likely to be an exact representation of their diversified sentiments. But a representation of a part by great, and a part by small sections, would give a result very different from what would be the sentiment of the whole people of the United States, were they assembled together. I have to-day had a conversation with ——— who has taken a flying trip here from New York. He says, they have really now a majority of the House of Representatives, but, for want of some skilful person to rally round, they are disjointed, and will lose every question. In the senate there is a majority of eight or nine against us. But in the new election which is to come on in April, three or four in the Senate will be changed in our favor; and in the House of Representatives the county elections will still be better than the last: but still all will depend on the city election, which is of twelve members. At present there would be no doubt of our carrying our ticket there; nor does there seem to be time for any events arising to change that disposition. There is therefore the best prospect possible of a great and decided majority on a joint vote of the two Houses. They are so confident of this, that the republican party there will not consent to elect either by districts or a general ticket. They choose to do it by their legislature. I am told the republicans of New Jersey are equally confident, and equally anxious against an election either by districts or a general ticket. The contest in this State will end in a separation of the present legislature without passing any election law (and their former one has expired), and in depending on the new one, which will be elected October the 14th, in which the republican majority will be more decided in the Representatives, and instead of a majority of five against us in the Senate, will be of one for us. They will, from the necessity of the case, choose the electors themselves. Perhaps it will be thought I ought in delicacy to be silent on this subject. But you, who know me, know that my private gratifications would be most indulged by that issue, which should leave me most at home. If any thing supersedes this propensity, it is merely the desire to see this government brought back to its republican principles. Consider this as written to Mr. Madison as much as yourself and communicate it, if you think it will do any good to those possessing our joint confidence or any others where it may be useful and safe. Health and affectionate salutations.

Th: Jefferson.



LETTER CCLVII.—TO SAMUEL ADAMS

TO SAMUEL ADAMS.

Philadelphia, February 26,1800.

Dear Sir,

Mr. Erving delivered me your favor of January the 31st, and I thank you for making me acquainted with him. You will always do me a favor in giving me an opportunity of knowing gentlemen as estimable in their principles and talents, as I find Mr. Erving to be. I have not yet seen Mr. Winthrop. A letter from you, my respectable friend, after three and twenty years of separation, has given me a pleasure I cannot express. It recalls to my mind the anxious days we then passed in struggling for the cause of mankind. Your principles have been tested in the crucible of time, and have come out pure. You have proved that it was monarchy, and not merely British monarchy, you opposed. A government by representees, elected by the people at short periods, was our object, and our maxim at that day was, 'Where annual election ends, tyranny begins'; nor have our departures from it been sanctioned by the happiness of their effects. A debt of an hundred millions growing by usurious interest, and an artificial paper phalanx overruling the agricultural mass of our country, with other et ceteras, have a portentous aspect.

I fear our friends on the other side the water, laboring in the same cause, have yet a great deal of crime and of misery to wade through. My confidence had been placed in the head, not in the heart of Bonaparte. I hoped he would calculate truly the difference between the fame of a Washington and a Cromwell. Whatever his views may be, he has at least transferred the destinies of the republic from the civil to the military arm. Some will use this as a lesson against the practicability of republican government. I read it as a lesson against the danger of standing armies. Adieu, my ever respected and venerable friend. May that kind overruling Providence which has so long spared you to our country, still foster your remaining years with whatever may make them comfortable to yourself and soothing to your friends. Accept the cordial salutations of your affectionate friend,

Th: Jefferson.



LETTER CCLVIII.—TO JAMES MADISON, March 4, 1800

TO JAMES MADISON.

Philadelphia, March 4, 1800.

Dear Sir,

I have never written to you since my arrival here, for reasons which were explained. Yours of December the 29th, January the 4th, 9th, 12th, 18th, and February the 14th, have therefore remained unacknowledged. I have at different times enclosed to you such papers as seemed interesting. To-day I forward Bingham's amendment to the election bill formerly enclosed to you, Mr. Pinckney's proposed amendment to the constitution, and the report of the Ways and Means. Bingham's amendment was lost by the usual majority of two to one. A very different one will be proposed, containing the true sense of the minority, viz. that the two Houses, voting by heads, shall decide such questions as the constitution authorizes to be raised. This may probably be taken up in the other House under better auspices, for though the federalists have a great majority there, yet they are of a more moderate temper than for some time past. The Senate, however, seem determined to yield to nothing which shall give the other House greater weight in the decision on elections than they have.

Mr. Pinckney's motion has been supported, and is likely to have some votes which were not expected. I rather believe he will withdraw it, and propose the same thing in the form of a bill; it being the opinion of some that such a regulation is not against the present constitution. In this form it will stand a better chance to pass, as a majority only in both Houses will be necessary. By putting off the building the seventy-fours and stopping enlistments, the loan will be reduced to three and a half millions. But I think it cannot be obtained. For though no new bankruptcies have happened here for some weeks, or in New York, yet they continue to happen in Baltimore, and the whole commercial race are lying on their oars, and gathering in their affairs, not knowing what new failures may put their resources to the proof. In this state of things they cannot lend money. Some foreigners have taken asylum among us, with a good deal of money, who may perhaps choose that deposite. Robbins's affair has been under agitation for some days. Livingston made an able speech of two and a half hours yesterday. The advocates of the measure feel it pressure heavily; and though they may be able to repel Livingston's motion of censure, I do not believe they can carry Bayard's of approbation. The landing of our Envoys at Lisbon will risk a very dangerous consequence, insomuch as the news of Truxton's aggression will perhaps arrive at Paris before our commissioners will. Had they gone directly there, they might have been two months ahead of that news. We are entirely without further information from Paris. By letters from Bordeaux, of December the 7th, tobacco was then from twenty-five to twenty-seven dollars per hundred. Yet did Marshall maintain on the non-intercourse bill, that its price at other markets had never been affected by that law. While the navigating and provision States, who are the majority, can keep open all the markets, or at least sufficient ones for their objects, the cries of the tobacco-makers, who are the minority, and not at all in favor, will hardly be listened to. It is truly the fable of the monkey pulling the nuts out of the fire with the cat's paw; and it shows that G. Mason's proposition in the convention was wise, that on laws regulating commerce, two thirds of the votes should be requisite to pass them. However, it would have been trampled under foot by a triumphant majority.

March 8. My letter has lain by me till now, waiting Mr. Trist's departure. The question has been decided to-day on Livingston's motion respecting Robbins; thirty-five for it, about sixty against it. Livingston, Nicholas, and Gallatin distinguished themselves on one side, and J. Marshall greatly on the other. Still it is believed they will not push Bayard's motion of approbation. We have this day also decided in: Senate on the motion for overhauling the editor of the Aurora. It was carried, as usual, by about two to one; H. Marshall voting of course with them, as did, and frequently does ———: of ——— , who is perfectly at market. It happens that the other party are so strong, that they do not think either him or ——— worth buying. As the conveyance is confidential, I can say something on a subject which, to those who do not know my real dispositions respecting it, might seem indelicate. The federalists begin to be very seriously alarmed about their election next fall. Their speeches in private, as well as their public and private demeanor to me, indicate it strongly. This seems to be the prospect. Keep out Pennsylvania, Jersey, and New York, and the rest of the States are about equally divided; and in this estimate it is supposed that North Carolina and Maryland added together are equally divided. Then the event depends on the three middle States before mentioned. As to them, Pennsylvania passes no law for an election at the present session. They confide that the next election gives a decided majority in the two houses when joined together.

McKean, therefore, intends to call the legislature to meet immediately after the new election, to appoint electors themselves. Still you will be sensible there may arise a difficulty between the two Houses about voting by heads or by Houses. The republican members here from Jersey are entirely confident that their two Houses, joined together, have a majority of republicans; their Council being republican by six or eight votes, and the lower House federal by only one or two; and they have no doubt the approaching election will be in favor of the republicans. They appoint electors by the two Houses voting together. In New York all depends on the success of the city election, which is of twelve members, and of course makes a difference of twenty-four, which is sufficient to make the two Houses, joined together, republican in their vote. Governor Clinton, General Gates, and some other old revolutionary characters, have been put on the republican ticket. Burr, Livingston, &c. entertain no doubt on the event of that election. Still these are the ideas of the republicans only in these three States, and we must make great allowance for their sanguine views. Upon the whole, I consider it as rather more doubtful than the last election, in which I was not deceived in more than a vote or two. If Pennsylvania votes, then either Jersey or New York giving a republican vote, decides the election. If Pennsylvania does not vote, then New York determines the election. In any event, we may say that if the city election of New York is in favor of the republican ticket, the issue will be republican; if the federal ticket for the city of New York prevails, the probabilities will be in favor of a federal issue, because it would then require a republican vote both from Jersey and Pennsylvania to preponderate against New York, on which we could not count with any confidence. The election of New York being in April, it becomes an early and interesting object. It is probable the landing of our Envoys in Lisbon will add a month to our session; because all that the eastern men are anxious about, is to get away before the possibility of a treaty's coming in upon us.

Present my respectful salutations to Mrs. Madison, and be assured of my constant and affectionate esteem,

Th: Jefferson.



LETTER CCLIX.—TO JAMES MADISON, May 12, 1800

TO JAMES MADISON.

Philadelphia, May 12, 1800.

Dear Sir,

Congress will rise to-day or to-morrow. Mr. Nicholas proposing to call on you, you will get from him the Congressional news. On the whole, the federalists have not been able to carry a single strong measure in the lower House the whole session. When they met, it was believed they had a majority of twenty; but many of these were new and moderate men, and soon saw the true character of the party to which they had been well disposed while at a distance. The tide, too, of public opinion sets so strongly against the federal proceedings, that this melted off their majority, and dismayed the heroes of the party. The Senate alone remained undismayed to the last. Firm to their purposes, regardless of public opinion, and more disposed to coerce than to court it, not a man of their majority gave way in the least; and on the election bill they adhered to John Marshall's amendment, by their whole number; and if there had been a full Senate, there would have been but eleven votes against it, which include H. Marshall, who has voted with the republicans this session.

*****

Accept assurances of constant and affectionate esteem to Mrs. Madison and yourself from, Dear Sir, your sincere friend and servant,

Th: Jefferson.



LETTER CCLX.—TO GIDEON GRANGER, August 13, 1800

TO GIDEON GRANGER.

Monticello, August 13, 1800.

Dear Sir,

I received with great pleasure your favor of June the 4th, and am much comforted by the appearance of a change of opinion in your State; for though we may obtain, and I believe shall obtain a majority in the legislature of the United States, attached to the preservation of the federal constitution according to its obvious principles, and those on which it was known to be received; attached equally to the preservation to the States of those rights unquestionably remaining with them; friends to the freedom of religion, freedom of the press, trial by jury, and to economical government; opposed to standing armies, paper systems, war, and all connection, other than commerce, with any foreign nation; in short, a majority firm in all those principles which we have espoused and the federalists have opposed uniformly; still, should the whole body of New England continue in opposition to these principles of government, either knowingly or through delusion, our government will be a very uneasy one. It can never be harmonious and solid, while so respectable a portion of its citizens support principles which go directly to a change of the federal constitution, to sink the State governments, consolidate them into one, and to monarchize that. Our country is too large to have all its affairs directed by a single government. Public servants at such a distance, and from under the eye of their constituents, must, from the circumstance of distance, be unable to administer and overlook all the details necessary for the good government of the citizens, and the same circumstance, by rendering detection impossible to their constituents, will invite the public agents to corruption, plunder, and waste. And I do verily believe, that if the principle were to prevail, of a common law being in force in the United States, (which principle possesses the General Government at once of all the powers of the State governments, and reduces us to a single consolidated government) it would become the most corrupt government on the earth. You have seen the practices by which the public servants have been able to cover their conduct, or, where that could not be done, delusions by which they have varnished it for the eye of their constituents. What an augmentation of the field for jobbing, speculating, plundering, office-building, and office-hunting Would be produced by an assumption of all the State powers into the hands of the General Government. The true theory of our constitution is surely the wisest and best, that the States are independent as to every thing within themselves, and united as to every thing respecting foreign nations. Let the General Government be reduced to foreign concerns only, and let our affairs be disentangled from those of all other nations, except as to commerce, which the merchants will manage the better, the more they are left free to manage for themselves, and our General Government may be reduced to a very simple organization, and a very unexpensive one; a few plain duties to be performed by a few servants. But I repeat, that this simple and economical mode of government can never be secured, if the New England States continue to support the contrary system. I rejoice, therefore, in every appearance of their returning to those principles which I had always imagined to be almost innate in them. In this State, a few persons were deluded by the X. Y. Z. duperies. You saw the effect of it in our last Congressional representatives, chosen under their influence. This experiment on their credulity is now seen into, and our next representation will be as republican as it has heretofore been. On the whole, we hope, that by a part of the Union having held on to the principles of the constitution, time has been given to the States to recover from the temporary phrenzy into which they had been decoyed, to rally round the constitution, and to rescue it from the destruction with which it had been threatened even at their own hands. I see copied from the American Magazine two numbers of a paper signed Don Quixote, most excellently adapted to introduce the real truth to the minds even of the most prejudiced.

I would, with great pleasure, have written the letter you desired in behalf of your friend, but there are existing circumstances which render a letter from me to that magistrate as improper as it would be unavailing. I shall be happy, on some more fortunate occasion, to prove to you my desire of serving your wishes.

I some time ago received a letter from a Mr. M'Gregory of Derby, in your State; it is written with such a degree of good sense and appearance of candor, as entitles it to an answer. Yet the writer being entirely unknown to me, and the stratagems of the times very multifarious, I have thought it best to avail myself of your friendship, and enclose the answer to you. You will see its nature. If you find from the character of the person to whom it is addressed, that no improper use would probably be made of it, be so good as to seal and send it. Otherwise suppress it.

How will the vote of your State and Rhode Island be as to A. and P.?

I am, with great and sincere esteem, Dear Sir, your friend and servant,

Th: Jefferson.



LETTER CCLXI.—TO URIAH M'GREGORY, August 13, 1800

TO URIAH M'GREGORY.

Monticello, August 13, 1800.

Sir,

Your favor of July the 19th has been received, and received with the tribute of respect due to a person, who, unurged by motives of personal friendship or acquaintance, and unaided by particular information, will so far exercise his justice as to advert to the proofs of approbation given a public character by his own State and by the United States, and weigh them in the scale against the fatherless calumnies he hears uttered against him. These public acts are known even to those who know nothing of my private life, and surely are better evidence to a mind disposed to truth, than slanders which no man will affirm on his own knowledge, or ever saw one who would. From the moment that a portion of my fellow-citizens looked towards me with a view to one of their highest offices, the floodgates of calumny have been opened upon me; not where I am personally known, where their slanders would be instantly judged and suppressed, from a general sense of their falsehood; but in the remote parts of the Union, where the means of detection are not at hand, and the trouble of an inquiry is greater than would suit the hearers to undertake. I know that I might have filled the courts of the United States with actions for these slanders, and have ruined perhaps many persons who are not innocent. But this would be no equivalent to the loss of character. I leave them, therefore, to the reproof of their own consciences. If these do not condemn them, there will yet come a day when the false witness will meet a judge who has not slept over his slanders. If the reverend Cotton Mather Smith of Shena believed this as firmly as I do, he would surely never have affirmed that 'I had obtained my property by fraud and robbery; that in one instance I had defrauded and robbed a widow and fatherless children of an estate to which I was executor of ten thousand pounds sterling, by keeping the property and paying them in money at the nominal rate, when it was worth no more than forty for one: and that all this could be proved.' Every tittle of it is fable; there not having existed a single circumstance of my life to which any part of it can hang. I never was executor but in two instances, both of which having taken place about the beginning of the revolution, which withdrew me immediately from all private pursuits, I never meddled in either executorship. In one of the cases only, were there a widow and children. She was my sister. She retained and managed the estate in her own hands, and no part of it was ever in mine. In the other, I was a coparcener, and only received on a division the equal portion allotted me. To neither of these executorships, therefore, could Mr. Smith refer. Again, my property is all patrimonial except about seven or eight hundred pounds' worth of lands, purchased by myself and paid for, not to widows and orphans, but to the very gentleman from whom I purchased. If Mr. Smith therefore, thinks the precepts of the Gospel intended for those who preach them as well as for others, he will doubtless some day feel the duties of repentance, and of acknowledgment in such forms as to correct the wrong he has done. Perhaps he will have to wait till the passions of the moment have passed away. All this is left to his own conscience.

These, Sir, are facts, well known to every person in this quarter, which I have committed to paper for your own satisfaction, and that of those to whom you may choose to mention them. I only pray that my letter may not go out of your own hands, lest it should get into the newspapers, a bear-garden scene into which I have made it a point to enter on no provocation.

I am, Sir, your most obedient, humble servant,

Th: Jefferson.



LETTER CCLXII.—TO DOCTOR RUSH, September 23, 1800

TO DOCTOR RUSH.

Monticello, September 23, 1800.

Dear Sir,

I have to acknowledge the receipt of your favor of August the 22nd, and to congratulate you on the healthiness of your city. Still Baltimore, Norfolk, and Providence admonish us that we are not clear of our new scourge. When great evils happen, I am in the habit of looking out for what good may arise from them as consolations to us, and Providence has in fact so established the order of things, as that most evils are the means of producing some good. The yellow fever will discourage the growth of great cities in our nation, and I view great cities as pestilential to the morals, the health, and the liberties of man. True, they nourish some of the elegant arts, but the useful ones can thrive elsewhere, and less perfection in the others, with more health, virtue, and freedom, would be my choice.

I agree with you entirely, in condemning the mania of giving names to objects of any kind after persons still living. Death alone can seal the title of any man to this honor, by putting it out of his power to forfeit it. There is one other mode of recording merit, which I have often thought might be introduced, so as to gratify the living by praising the dead. In giving, for instance, a commission of Chief Justice to Bushrod Washington, it should be in consideration of his integrity, and science in the laws, and of the services rendered to our country by his illustrious relation, &c. A commission to a descendant of Dr. Franklin, besides being in consideration of the proper qualifications of the person, should add, that of the great services rendered by his illustrious ancestor, Benjamin Franklin, by the advancement of science, by inventions useful to man, &c. I am not sure that we ought to change all our names. And, during the regal government, sometimes indeed they were given through adulation; but often also as the reward of the merit of the times, sometimes for services rendered the colony. Perhaps, too, a name when given, should be deemed a sacred property.

I promised you a letter on Christianity, which I have not forgotten. On the contrary, it is because I have reflected on it, that I find much more time necessary for it than I can at present dispose of. I have a view of the subject which ought to displease neither the rational Christian nor Deist, and would reconcile many to a character they have too hastily rejected. I do not know that it would reconcile the genus irritabile vatum, who are all in arms against me. Their hostility is on too interesting ground to be softened. The delusion into which the X. Y. Z. plot showed it possible to push the people; the successful experiment made under the prevalence of that delusion on the clause of the constitution, which, while it secured the freedom of the press, covered also the freedom of religion, had given to the clergy a very favorite hope of obtaining an establishment of a particular form of Christianity through the United States; and as every sect believes its own form the true one, every one perhaps hoped for his own, but especially the Episcopalians and Congregationalists. The returning good sense of our country threatens abortion to their hopes, and they believe that any portion of power confided to me, will be exerted in opposition to their schemes. And they believe rightly: for I have sworn, upon the altar of God, eternal hostility against every form of tyranny over the mind of man. But this is all they have to fear from me: and enough too in their opinion. And this is the cause of their printing lying pamphlets against me, forging conversations for me with Mazzei, Bishop Madison, &c. which are absolute falsehoods without a circumstance of truth to rest on; falsehoods, too, of which I acquit Mazzei and Bishop Madison, for they are men of truth.

But enough of this: it is more than I have before committed to paper on the subject of all the lies which have been preached and printed against me. I have not seen the work of Sonnini which you mention, but I have seen another work on Africa, Park's, which I fear will throw cold-water on the hopes of the friends of freedom. You will hear an account of an attempt at insurrection in this state. I am looking with anxiety to see what will be its effect on our State. We are truly to be pitied. I fear we have little chance to see you at the federal city or in Virginia, and as little at Philadelphia. It would be a great treat to receive you here. But nothing but sickness could effect that; so I do not wish it. For I wish you health and happiness, and think of you with affection. Adieu.

Th: Jefferson.



LETTER, CCLXIII.—TO ROBERT R. LIVINGSTON, December 14, 1800

TO ROBERT R. LIVINGSTON.

Washington, December 14, 1800.

Dear Sir,

Your former communications on the subject of the steam-engine, I took the liberty of laying before the American Philosophical Society, by whom they will be printed in their volume of the present year. I have heard of the discovery of some large bones, supposed to be of the mammoth, at about thirty or forty miles distance from you: and among the bones found, are said to be some which we have never yet been able to procure. The first interesting question is, whether they are the bones of the mammoth? The second, What are the particular bones, and could I possibly procure them? The bones I am most anxious to obtain, are those of the head and feet, which are said to be among those found in your State, as also the ossa innominata, and scapula. Others would also be interesting, though similar ones may be possessed, because they would show by their similarity that the set belong to the mammoth. Could I so far venture to trouble you on this subject, as to engage some of your friends, near the place, to procure for me the bones above mentioned? If they are to be bought, I will gladly pay for them whatever you shall agree to as reasonable; and will place the money in New York as instantaneously after it is made known to me, as the post can carry it, as I will all expenses of package, transportation, &c. to New York and Philadelphia, where they may be addressed to John Barnes, whose agent (he not being on the spot) will take care of them for me.

But I have still a more important subject whereon to address you. Though our information of the votes of the several States be not official, yet they are stated on such evidence as to satisfy both parties that the republican vote has been successful. We may, therefore, venture to hazard propositions on that hypothesis, without being justly subjected to raillery or ridicule. The constitution, to which we are all attached, was meant to be republican, and we believe to be republican according to every candid interpretation. Yet we have seen it so interpreted and administered, as to be truly what the French have called it, a monarchic masque. Yet so long has the vessel run on this way and been trimmed to it, that to put her on her republican tack will require all the skill, the firmness, and the zeal of her ablest and best friends. It is a crisis which calls on them to sacrifice all other objects, and repair to her aid in this momentous operation. Not only their skill is wanting, but their names also. It is essential to assemble in the outset persons to compose our administration, whose talents, integrity, and revolutionary name and principles may inspire the nation, at once, with unbounded confidence, and impose an awful silence on all the maligners of republicanism; as may suppress in embryo the purpose avowed by one of their most daring and effective chiefs, of beating down the administration. These names do not abound at this day. So few are they, that yours, my friend, cannot be spared among them without leaving a blank which cannot be filled. If I can obtain for the public the aid of those I have contemplated, I fear nothing. If this cannot be done, then are we unfortunate indeed! We shall be unable to realize the prospects which have been held out to the people, and we must fall back into monarchism, for want of heads, not hands, to help us out of it. This is a common cause, my dear Sir, common to all republicans. Though I have been too honorably placed in front of those who are to enter the breach so happily made, yet the energies of every individual are necessary, and in the very place where his energies can most serve the enterprise. I can assure you that your colleagues will be most acceptable to you; one of them, whom you cannot mistake, peculiarly so. The part which circumstances constrain us to propose to you, is the secretaryship of the navy. These circumstances cannot be explained by letter. Republicanism is so rare in those parts which possess nautical skill, that I cannot find it allied there to the other qualifications. Though you are not nautical by profession, yet your residence and your mechanical science qualify you as well as a gentleman can possibly be, and sufficiently to enable you to choose under-agents perfectly qualified, and to superintend their conduct. Come forward then, my dear Sir, and give us the aid of your talents and the weight of your character towards the new establishment of republicanism; I say, for its new establishment; for hitherto, we have seen only its travestie. I have urged thus far, on the belief that your present office would not be an obstacle to this proposition. I was informed, and I think it was by your brother, that you wished to retire from it, and were only restrained by the fear that a successor of different principles might be appointed. The late change in your council of appointment will remove this fear. It will not be improper to say a word on the subject of expense. The gentlemen who composed General Washington's first administration took up, too universally, a practice of general entertainment, which was unnecessary, obstructive of business, and so oppressive to themselves, that it was among the motives for their retirement. Their successors profited from the experiment, and lived altogether as private individuals, and so have ever continued to do. Here, indeed, it cannot be otherwise our situation being so rural, that during the vacations of the legislature we shall have no society but of the officers of government, and in time of sessions the legislature is become and becoming so numerous, that for the last half dozen years nobody but the President has pretended to entertain them. I have been led to make the application before official knowledge of the result of our election, because the return of Mr. Van Benthuysen, one of your electors and neighbors, offers me a safe conveyance, at a moment when the post-offices will be peculiarly suspicious and prying. Your answer may come by post without danger, if directed in some other hand-writing than your own: and I will pray you to give me an answer as soon as you can make up your mind.

Accept assurances of cordial esteem and respect, and my friendly salutations.

Th: Jefferson.



LETTER CCLXIV.—TO COLONEL BURR, December 15,1800

TO COLONEL BURR.

Washington, December 15,1800.

Dear Sir,

Although we have not official information of the votes for President and Vice-President, and cannot have until the first week in February, yet the state of the votes is given on such evidence, as satisfies both parties that the two republican candidates stand highest. From South Carolina we have not even heard of the actual vote; but we have learned who were appointed electors, and with sufficient certainty how they would vote. It is said they would withdraw from yourself one vote. It has also been said that a General Smith, of Tennessee, had declared he would give his second vote to Mr. Gallatin, not from any indisposition towards you, but extreme reverence to the character of Mr. Gallatin. It is also surmised that the vote of Georgia will not be entire. Yet nobody pretends to know these things of a certainty, and we know enough to be certain that what it is surmised will be withheld, will still leave you four or five votes at least above Mr. Adams. However, it was badly managed not to have arranged with certainty what seems to have been left to hazard. It was the more material, because I understand several of the highflying federalists have expressed their hope that the two republican tickets may be equal, and their determination in that case to prevent a choice by the House of Representatives (which they are strong enough to do) and let the government devolve on a President of the Senate. Decency required that I should be so entirely passive during the late contest, that I never once asked whether arrangements had been made to prevent so many from dropping votes intentionally, as might frustrate half the republican wish; nor did I doubt, till lately, that such had been made.

While I must congratulate you, my dear Sir, on the issue of this contest, because it is more honorable, and doubtless more grateful to you than any station within the competence of the chief magistrate, yet for myself, and for the substantial service of the public, I feel most sensibly the loss we sustain of your aid in our new administration. It leaves a chasm in my arrangements, which cannot be adequately filled up. I had endeavored to compose an administration, whose talents, integrity, names, and dispositions, should at once inspire unbounded confidence in the public mind, and insure a perfect harmony in the conduct of the public business. I lose you from the list, and am not sure of all the others. Should the gentlemen who possess the public confidence decline taking a part in their affairs, and force us to take persons unknown to the people, the evil genius of this country may realize his avowal that 'he will beat down the administration.' The return of Mr. Van Benthuysen, one of your electors, furnishes me a confidential opportunity of writing this much to you, which I should not have ventured through the post-office at this prying season. We shall of course see you before the fourth of March. Accept my respectful and affectionate salutations.

Th: Jefferson.



LETTER CCLXV.—TO JUDGE BRECKENRIDGE, December 18,1800

TO JUDGE BRECKENRIDGE.

Washington, December 18,1800.

Dear Sir,

I received, while at home, the letter you were so kind as to write me. The employments of the country have such irresistible attractions for me, that while I am at home I am not very punctual in acknowledging the letters of my friends. Having no refuge here from my room and writing-table, it is my regular season for fetching up the lee-way of my correspondence.

Before you receive this, you will have understood that the State of South Carolina (the only one about which there was uncertainty) has given a republican vote, and saved us from the consequences of the annihilation of Pennsylvania. But we are brought into dilemma by the probable equality of the two republican candidates, The federalists in Congress mean to take advantage of this, and either to prevent an election altogether, or reverse what has been understood to have been the wishes of the people as to the President and Vice-President; wishes which the constitution! did not permit them specially to designate. The latter alternative still gives us a republican administration; the former, a suspension of the federal government, for want of a head. This opens to us an abyss at which every sincere patriot must shudder. General Davie has arrived here with the treaty formed (under the name of a convention) with France. It is now before the Senate for ratification, and will encounter objections. He believes firmly that a continental peace in Europe will take place, and that England also may be comprehended.