Letters Of Thomas Jefferson Part 14

The party called republican is steadily for the support of the present const.i.tution. They obtained at its commencement, all the amendments to it they desired. These reconciled them to it perfectly, and if they have any ulterior view, it is only, perhaps, to popularize it further, by shortening the Senatorial term, and devising a process for the responsibility of judges, more practical than that of impeachment. They esteem the people of England and France equally, and equally detest the governing powers of both.

This I verily believe, after an intimacy of forty years with the public councils and characters, is a true statement of the grounds on which they are at present divided, and that it is not merely an ambition for power. An honest man can feel no pleasure in the exercise of power over his fellow citizens. And considering as the only offices of power those conferred by the people directly, that is to say, the executive and legislative functions of the General and State governments, the common refusal of these and multiplied resignations, are proofs sufficient that power is not alluring to pure minds, and is not, with them, the primary principle of contest. This is my belief of it; it is that on which I have acted; and had it been a mere contest who should be permitted to administer the government according to its genuine republican principles, there has never been a moment of my life in which I should have relinquished for it the enjoyments of my family, my farm, my friends and books.

You expected to discover the difference of our party principles in General Was.h.i.+ngton's valedictory, and my inaugural address. Not at all. General Was.h.i.+ngton did not harbor one principle of federalism. He was neither an Angloman, a monarchist, nor a separatist. He sincerely wished the people to have as much self-government as they were competent to exercise themselves. The only point on which he and I ever differed in opinion, was, that I had more confidence than he had in the natural integrity and discretion of the people, and in the safety and extent to which they might trust themselves with a control over their government. He has a.s.severated to me a thousand times his determination that the existing government should have a fair trial, and that in support of it he would spend the last drop of his blood. He did this the more repeatedly, because he knew General Hamilton's political bias, and my apprehensions from it. It is a mere calumny, therefore, in the monarchists, to a.s.sociate General Was.h.i.+ngton with their principles. But that may have happened in this case which has been often seen in ordinary cases, that, by oft repeating an untruth, men come to believe it themselves. It is a mere artifice in this party to bolster themselves up on the revered name of that first of our worthies. If I have dwelt longer on this subject than was necessary, it proves the estimation in which I hold your ultimate opinions, and my desire of placing the subject truly before them. In so doing, I am certain I risk no use of the communication which may draw me into contention before the public. Tranquillity is the summum bonum of a Septagenaire.

To return to the merits of your work: I consider it as so lively a picture of the real state of our country, that if can possibly obtain opportunities of conveyance, I propose to send a copy to a friend in France, and another to one in Italy, who, I know, will translate and circulate it as an antidote to the misrepresentations of former travellers. But whatever effect my profession of political faith may have on your general opinion, a part of my object will be obtained, if it satisfies you as to the principles of my own action, and of the high respect and consideration with which I tender you my salutations.

TYRANTS OF LAND AND SEA.

To Madame de Sta l United States of America, May 24, 1813 1813052.

I received with great pleasure, my dear Madam and friend, your letter of November the 10th, from Stockholm, and am sincerely gratified by the occasion it gives me of expressing to you the sentiments of high respect and esteem which I entertain for you. It recalls to my remembrance a happy portion of my life, pa.s.sed in your native city; then the seat of the most amiable and polished society of the world, and of which yourself and your venerable father were such distinguished members. But of what scenes has it since been the theatre, and with what havoc has it overspread the earth! Robespiere met the fate, and his memory the execration, he so justly merited. The rich were his victims, and perished by thousands. It is by millions that Buonaparte destroys the poor, and he is eulogised and deified by the sycophants even of science. These merit more than the mere oblivion to which they will be consigned; and the day will come when a just posterity will give to their hero the only pre-eminence he has earned, that of having been the greatest of the destroyers of the human race. What year of his military life has not consigned a million of human beings to death, to poverty and wretchedness! What field in Europe may not raise a monument of the murders, the burnings, the desolations, the famines and miseries it has witnessed from him! And all this to acquire a reputation, which Cartouche attained with less injury to mankind, of being fearless of G.o.d or man.

To complete and universalise the desolation of the globe, it has been the will of Providence to raise up, at the same time, a tyrant as unprincipled and as overwhelming, for the ocean. Not in the poor maniac George, but in his government and nation. Buonaparte will die, and his tyrannies with him. But a nation never dies. The English government and its piratical principles and practices, have no fixed term of duration. Europe feels, and is writhing under the scorpion whips of Buonaparte. We are a.s.sailed by those of England. The one continent thus placed under the gripe of England, and the other of Buonaparte, each has to grapple with the enemy immediately pressing on itself. We must extinguish the fire kindled in our own house, and leave to our friends beyond the water that which is consuming theirs. It was not till England had taken one thousand of our s.h.i.+ps, and impressed into her service more than six thousand of our citizens; till she had declared, by the proclamation of her Prince Regent, that she would not repeal her aggressive orders as to us, until Buonaparte should have repealed his as to all nations; till her minister, in formal conference with ours, declared, that no proposition for protecting our seamen from being impressed, under color of taking their own, was practicable or admissible; that, the door to justice and to all amicable arrangement being closed, and negotiation become both desperate and dishonorable, we concluded that the war she had been for years waging against us, might as well become a war on both sides. She takes fewer vessels from us since the declaration of war than before, because they venture more cautiously; and we now make full reprisals where before we made none. England is, in principle, the enemy of all maritime nations, as Buonaparte is of the continental; and I place in the same line of insult to the human understanding, the pretension of conquering the ocean, to establish continental rights, as that of conquering the continent, to restore maritime rights. No, my dear Madam; the object of England is the permanent dominion of the ocean, and the monopoly of the trade of the world. To secure this, she must keep a larger fleet than her own resources will maintain. The resources of other nations, then, must be impressed to supply the deficiency of her own. This is sufficiently developed and evidenced by her successive strides towards the usurpation of the sea. Mark them, from her first war after William Pitt the little, came into her administration. She first forbade to neutrals all trade with her enemies in time of war, which they had not in time of peace. This deprived them of their trade from port to port of the same nation. Then she forbade them to trade from the port of one nation to that of any other at war with her, although a right fully exercised in time of peace. Next, instead of taking vessels only entering a blockaded port, she took them over the whole ocean, if destined to that port, although ignorant of the blockade, and without intention to violate it. Then she took them returning from that port, as if infected by previous infraction of blockade. Then came her paper blockades, by which she might shut up the whole world without sending a s.h.i.+p to sea, except to take all those sailing on it, as they must, of course, be bound to some port. And these were followed by her orders of council, forbidding every nation to go to the port of any other, without coming first to some port of Great Britain, there paying a tribute to her, regulated by the cargo, and taking from her a license to proceed to the port of destination; which operation the vessel was to repeat with the return cargo on its way home. According to these orders, we could not send a vessel from St. Mary's to St. Augustine, distant six hours' sail, on our own coast, without crossing the Atlantic four times, twice with the outward cargo, and twice with the inward. She found this too daring and outrageous for a single step, retracted as to certain articles of commerce, but left it in force as to others which const.i.tute important branches of our exports. And finally, that her views may no longer rest on inference, in a recent debate, her minister declared in open parliament, that the object of the present war is a monopoly of commerce.

In some of these atrocities, France kept pace with her fully in speculative wrong, which her impotence only shortened in practical execution. This was called retaliation by both; each charging the other with the initiation of the outrage. As if two combatants might retaliate on an innocent bystander, the blows they received from each other. To make war on both would have been ridiculous. In order, therefore, to single out any enemy, we offered to both, that if either would revoke its hostile decrees, and the other should refuse, we would interdict all intercourse whatever with that other; which would be war of course, as being an avowed departure from neutrality. France accepted the offer, and revoked her decrees as to us. England not only refused, but declared by a solemn proclamation of her Prince Regent, that she would not revoke her orders even as to us, until those of France should be annulled as to the whole world. We thereon declared war, and with abundant additional cause.

In the mean time, an examination before parliament of the ruinous effects of these orders on her own manufacturers, exposing them to the nation and to the world, their Prince issued a palinodial proclamation, suspending the orders on certain conditions, but claiming to renew them at pleasure, as a matter of right. Even this might have prevented the war, if done and known here before its declaration. But the sword being once drawn, the expense of arming incurred, and hostilities in full course, it would have been unwise to discontinue them, until effectual provision should be agreed to by England, for protecting our citizens on the high seas from impressment by her naval commanders, through error, voluntary or involuntary; the fact being notorious, that these officers, entering our s.h.i.+ps at sea under pretext of searching for their seamen, (which they have no right to do by the law or usage of nations, which they neither do, nor ever did, as to any other nation but ours, and which no nation ever before pretended to do in any case,) entering our s.h.i.+ps, I say, under pretext of searching for and taking out their seamen, they took ours, native as well as naturalised, knowing them to be ours, merely because they wanted them; insomuch, that no American could safely cross the ocean, or venture to pa.s.s by sea from one to another of our own ports. It is not long since they impressed at sea two nephews of General Was.h.i.+ngton, returning from Europe, and put them, as common seamen, under the ordinary discipline of their s.h.i.+ps of war. There are certainly other wrongs to be settled between England and us; but of a minor character, and such as a proper spirt of conciliation on both sides would not permit to continue them at war. The sword, however, can never again be sheathed, until the personal safety of an American on the ocean, among the most important and most vital of the rights we possess, is completely provided for.

As soon as we heard of her partial repeal of her orders of council, we offered instantly to suspend hostilities by an armistice, if she would suspend her impressments, and meet us in arrangements for securing our citizens against them. She refused to do it, because impracticable by any arrangement, as she pretends; but, in truth, because a body of sixty to eighty thousand of the finest seamen in the world, which we possess, is too great a resource for manning her exaggerated navy, to be relinquished, as long as she can keep it open. Peace is in her hand, whenever she will renounce the practice of aggression on the persons of our citizens. If she thinks it worth eternal war, eternal war we must have. She alleges that the sameness of language, of manners, of appearance, renders it impossible to distinguish us from her subjects. But because we speak English, and look like them, are we to be punished? Are free and independent men to be submitted to their bondage?

England has misrepresented to all Europe this ground of the war. She has called it a new pretension, set up since the repeal of her orders of council. She knows there has never been a moment of suspension of our reclamations against it, from General Was.h.i.+ngton's time inclusive, to the present day: and that it is distinctly stated in our declaration of war, as one of its princ.i.p.al causes. She has pretended we have entered into the war to establish the principle of 'free bottoms, free goods,' or to protect her seamen against her own right over them. We contend for neither of these. She pretends we are partial to France; that we have observed a fraudulent and unfaithful neutrality between her and her enemy. She knows this to be false, and that if there has been any inequality in our proceedings towards the belligerents, it has been in her favor. Her ministers are in possession of full proofs of this. Our accepting at once, and sincerely, the mediation of the virtuous Alexander, their greatest friend, and the most aggravated enemy of Buonaparte, sufficiently proves whether we have partialities on the side of her enemy. I sincerely pray that this mediation may produce a just peace. It will prove that the immortal character, which has first stopped by war the career of the destroyer of mankind, is the friend of peace, of justice, of human happiness, and the patron of unoffending and injured nations. He is too honest and impartial to countenance propositions of peace derogatory to the freedom of the seas.

Shall I apologise to you, my dear Madam, for this long political letter? But yours justifies the subject, and my feelings must plead for the unreserved expression of them; and they have been the less reserved, as being from a private citizen, retired from all connection with the government of his country, and whose ideas, expressed without communication with any one, are neither known, nor imputable to them.

The dangers of the sea are now so great, and the possibilities of interception by sea and land such, that I shall subscribe no name to this letter. You will know from whom it comes, by its reference to the date of time and place of yours, as well as by its subject in answer to that. This omission must not lessen in your view the a.s.surances of my great esteem, of my sincere sympathies for the share which you bear in the afflictions of your country, and the deprivations to which a lawless will has subjected you. In return, you enjoy the dignified satisfaction of having met them, rather than be yoked with the abject, to his car; and that, in withdrawing from oppression, you have followed the virtuous example of a father, whose name will ever be dear to your country and to mankind. With my prayers that you may be restored to it, that you may see it re-established in that temperate portion of liberty which does not infer either anarchy or licentiousness, in that high degree of prosperity which would be the consequence of such a government, in that, in short, which the const.i.tution of 1789 would have insured it, if wisdom could have stayed at that point the fervid but imprudent zeal of men, who did not know the character of their own countrymen, and that you may long live in health and happiness under it, and leave to the world a well educated and virtuous representative and descendant of your honored father, is the ardent prayer of the sincere and respectful friend who writes this letter.

LIGHT AND LIBERTY AND THE PARTIES.

To John Adams Monticello, June 15, 1813 1813061.

DEAR SIR -- I wrote you a letter on the 27th. of May, which probably would reach you about the 3d. inst. and on the 9th. I recieved yours of the 29th. of May. Of Lindsay's Memoirs I had never before heard, and scarcely indeed of himself. It could not therefore but be unexpected that two letters of mine should have any thing to do with his life. The name of his editor was new to me, and certainly presents itself, for the first time, under unfavorable circ.u.mstances. Religion, suppose, is the scope of his book: and that a writer on that subject should usher himself to the world in the very act of the grossest abuse of confidence, by publis.h.i.+ng private letters which pa.s.sed between two friends, with no views to their ever being made public, is an instance of inconsistency, as well as of infidelity of which I would rather be the victim than the author. By your kind quotation of the dates of my two letters I have been enabled to turn to them. They had compleatly evanished from my memory. The last is on the subject of religion, and by it's publication will gratify the priesthood with new occasion of repeating their Comminations against me. They wish it to be believed that he can have no religion who advocates it's freedom. This was not the doctrine of Priestley, and I honored him for the example of liberality he set to his order. The first letter is political. It recalls to our recollection the gloomy transactions of the times, the doctrines they witnessed, and the sensibilities they excited. It was a confidential communication of reflections on these from one friend to another, deposited in his bosom, and never meant to trouble the public mind. Whether the character of the times is justly portrayed or not, posterity will decide. But on one feature of them they can never decide, the sensations excited in free yet firm minds, by the terrorism of the day. None can concieve who did not witness them, and they were felt by one party only. This letter exhibits their side of the medal. The Federalists no doubt have presented the other, in their private correspondences, as well as open action. If these correspondencies should ever be laid open to the public eye, they will probably be found not models of comity towards their adversaries. The readers of my letter should be cautioned not to confine it's view to this country alone. England and it's alarmists were equally under consideration. Still less must they consider it as looking personally towards you. You happen indeed to be quoted because you happened to express, more pithily than had been done by themselves, one of the mottos of the party. This was in your answer to the address of the young men of Philadelphia. [See Selection of patriotic addresses. pa. 198.] One of the questions you know on which our parties took different sides, was on the improvability of the human mind, in science, in ethics, in government etc. Those who advocated reformation of inst.i.tutions, pari pa.s.su, with the progress of science, maintained that no definite limits could be a.s.signed to that progress. The enemies of reform, on the other hand, denied improvement, and advocated steady adherence to the principles, practices and inst.i.tutions of our fathers, which they represented as the consummation of wisdom, and akme of excellence, beyond which the human mind could never advance. Altho' in the pa.s.sage of your answer alluded to, you expressly disclaim the wish to influence the freedom of enquiry, you predict that that will produce nothing more worthy of transmission to posterity, than the principles, inst.i.tutions, and systems of education recieved from their ancestors. I do not consider this as your deliberate opinion. You possess, yourself, too much science, not to see how much is still ahead of you, unexplained and unexplored. Your own consciousness must place you as far before our ancestors, as in the rear of our posterity. I consider it as an expression lent to the prejudices of your friends; and altho' happened to cite it from you, the whole letter shews I had them only in view. In truth, my dear Sir, we were far from considering you as the author of all the measures we blamed. They were placed under the protection of your name, but we were satisfied they wanted much of your approbation. We ascribed them to their real authors, the Pickerings, the Wolcotts, the Tracys, the Sedgwicks, et id genus omne ["and all of their kind"], with whom we supposed you in a state of Duresse. I well remember a conversation with you, in the morning of the day on which you nominated to the Senate a subst.i.tute for Pickering, in which you expressed a just impatience under 'the legacy of Secretaries which Gen. Was.h.i.+ngton had left you' and whom you seemed therefore to consider as under public protection. Many other incidents shewed how differently you would have acted with less impa.s.sioned advisers; and subsequent events have proved that your minds were not together. You would do me great injustice therefore by taking to yourself what was intended for men who were then your secret, as they are now your open enemies. Should you write on the subject, as you propose, I am sure we shall see you place yourself farther from them than from us.

As to myself, I shall take no part in any discussions. I leave others to judge of what I have done, and to give me exactly that place which they shall think I have occupied. Marshall has written libels on one side; others, I suppose, will be written on the other side; and the world will sift both, and separate the truth as well as they can. I should see with reluctance the pa.s.sions of that day rekindled in this, while so many of the actors are living, and all are too near the scene not to partic.i.p.ate in sympathies with them. About facts, you and cannot differ; because truth is our mutual guide. And if any opinions you may express should be different from mine, I shall recieve them with the liberality and indulgence which I ask for my own, and still cherish with warmth the sentiments of affectionate respect of which I can with so much truth tender you the a.s.surance.

DEBT, TAXES, BANKS, AND PAPER.

To John Wayles Eppes Monticello, June 24, 1813 1813062.

DEAR SIR, -- This letter will be on politics only. For although I do not often permit myself to think on that subject, it sometimes obtrudes itself, and suggests ideas which I am tempted to pursue. Some of these relating to the business of finance, I will hazard to you, as being at the head of that committee, but intended for yourself individually, or such as you trust, but certainly not for a mixed committee.

It is a wise rule and should be fundamental in a government disposed to cherish its credit, and at the same time to restrain the use of it within the limits of its faculties, "never to borrow a dollar without laying a tax in the same instant for paying the interest annually, and the princ.i.p.al within a given term; and to consider that tax as pledged to the creditors on the public faith." On such a pledge as this, sacredly observed, a government may always command, on a reasonable interest, all the lendable money of their citizens, while the necessity of an equivalent tax is a salutary warning to them and their const.i.tuents against oppressions, bankruptcy, and its inevitable consequence, revolution. But the term of redemption must be moderate, and at any rate within the limits of their rightful powers. But what limits, it will be asked, does this prescribe to their powers? What is to hinder them from creating a perpetual debt? The laws of nature, I answer. The earth belongs to the living, not to the dead. The will and the power of man expire with his life, by nature's law. Some societies give it an artificial continuance, for the encouragement of industry; some refuse it, as our aboriginal neighbors, whom we call barbarians. The generations of men may be considered as bodies or corporations. Each generation has the usufruct of the earth during the period of its continuance. When it ceases to exist, the usufruct pa.s.ses on to the succeeding generation, free and uninc.u.mbered, and so on, successively, from one generation to another forever. We may consider each generation as a distinct nation, with a right, by the will of its majority, to bind themselves, but none to bind the succeeding generation, more than the inhabitants of another country. Or the case may be likened to the ordinary one of a tenant for life, who may hypothecate the land for his debts, during the continuance of his usufruct; but at his death, the reversioner (who is also for life only) receives it exonerated from all burthen. The period of a generation, or the term of its life, is determined by the laws of mortality, which, varying a little only in different climates, offer a general average, to be found by observation. I turn, for instance, to Buffon's tables, of twenty-three thousand nine hundred and ninety-four deaths, and the ages at which they happened, and I find that of the numbers of all ages living at one moment, half will be dead in twenty- four years and eight months. But (leaving out minors, who have not the power of self-government) of the adults (of twenty-one years of age) living at one moment, a majority of whom act for the society, one half will be dead in eighteen years and eight months. At nineteen years then from the date of a contract, the majority of the contractors are dead, and their contract with them. Let this general theory be applied to a particular case. Suppose the annual births of the State of New York to be twenty- three thousand nine hundred and ninety-four, the whole number of its inhabitants, according to Buffon, will be six hundred and seventeen thousand seven hundred and three, of all ages. Of these there would constantly be two hundred and sixty-nine thousand two hundred and eighty-six minors, and three hundred and forty-eight thousand four hundred and seventeen adults, of which last, one hundred and seventy-four thousand two hundred and nine will be a majority. Suppose that majority, on the first day of the year 1794, had borrowed a sum of money equal to the fee- simple value of the State, and to have consumed it in eating, drinking and making merry in their day; or, if your please, in quarrelling and fighting with their unoffending neighbors. Within eighteen years and eight months, one half of the adult citizens were dead. Till then, being the majority, they might rightfully levy the interest of their debt annually on themselves and their fellow-revellers, or fellow-champions. But at that period, say at this moment, a new majority have come into place, in their own right, and not under the rights, the conditions, or laws of their predecessors. Are they bound to acknowledge the debt, to consider the preceding generation as having had a right to eat up the whole soil of their country, in the course of a life, to alienate it from them, (for it would be an alienation to the creditors,) and would they think themselves either legally or morally bound to give up their country and emigrate to another for subsistence? Every one will say no; that the soil is the gift of G.o.d to the living, as much as it had been to the deceased generation; and that the laws of nature impose no obligation on them to pay this debt. And although, like some other natural rights, this has not yet entered into any declaration of rights, it is no less a law, and ought to be acted on by honest governments. It is, at the same time, a salutary curb on the spirit of war and indebtment, which, since the modern theory of the perpetuation of debt, has drenched the earth with blood, and crushed its inhabitants under burthens ever acc.u.mulating. Had this principle been declared in the British bill of rights, England would have been placed under the happy disability of waging eternal war, and of contracting her thousand millions of public debt. In seeking, then, for an ultimate term for the redemption of our debts, let us rally to this principle, and provide for their payment within the term of nineteen years at the farthest. Our government has not, as yet, begun to act on the rule of loans and taxation going hand in hand. Had any loan taken place in my time, I should have strongly urged a redeeming tax. For the loan which has been made since the last session of Congress, we should now set the example of appropriating some particular tax, sufficient to pay the interest annually, and the princ.i.p.al within a fixed term, less than nineteen years. And hope yourself and your committee will render the immortal service of introducing this practice. Not that it is expected that Congress should formally declare such a principle. They wisely enough avoid deciding on abstract questions. But they may be induced to keep themselves within its limits.

I am sorry to see our loans begin at so exorbitant an interest. And yet, even at that you will soon be at the bottom of the loan-bag. We are an agricultural nation. Such an one employs its sparings in the purchase or improvement of land or stocks. The lendable money among them is chiefly that of orphans and wards in the hands of executors and guardians, and that which the farmer lays by till he has enough for the purchase in view. In such a nation there is one and one only resource for loans, sufficient to carry them through the expense of war; and that will always be sufficient, and in the power of an honest government, punctual in the preservation of its faith. The fund I mean, is the ma.s.s of circulating coin. Every one knows, that although not literally, it is nearly true, that every paper dollar emitted banishes a silver one from the circulation. A nation, therefore, making its purchases and payments with bills fitted for circulation, thrusts an equal sum of coin out of circulation. This is equivalent to borrowing that sum, and yet the vendor receiving payment in a medium as effectual as coin for his purchases or payments, has no claim to interest. And so the nation may continue to issue its bills as far as its wants require, and the limits of the circulation will admit. Those limits are understood to extend with us at present, to two hundred millions of dollars, a greater sum than would be necessary for any war. But this, the only resource which the government could command with certainty, the States have unfortunately fooled away, nay corruptly alienated to swindlers and shavers, under the cover of private banks. Say, too, as an additional evil, that the disposal funds of individuals, to this great amount, have thus been withdrawn from improvement and useful enterprise, and employed in the useless, usurious and demoralizing practices of bank directors and their accomplices. In the war of 1755, our State availed itself of this fund by issuing a paper money, bottomed on a specific tax for its redemption, and, to insure its credit, bearing an interest of five per cent. Within a very short time, not a bill of this emission was to be found in circulation. It was locked up in the chests of executors, guardians, widows, farmers, &c. We then issued bills bottomed on a redeeming tax, but bearing no interest. These were readily received, and never depreciated a single farthing. In the revolutionary war, the old Congress and the States issued bills without interest, and without tax. They occupied the channels of circulation very freely, till those channels were overflowed by an excess beyond all the calls of circulation. But although we have so improvidently suffered the field of circulating medium to be filched from us by private individuals, yet I think we may recover it in part, and even in the whole, if the States will co-operate with us. If treasury bills are emitted on a tax appropriated for their redemption in fifteen years, and (to insure preference in the first moments of compet.i.tion) bearing an interest of six per cent. there is no one who would not take them in preference to the bank paper now afloat, on a principle of patriotism as well as interest; and they would be withdrawn from circulation into private h.o.a.rds to a considerable amount. Their credit once established, others might be emitted, bottomed also on a tax, but not bearing interest; and if ever their credit faltered, open public loans, on which these bills alone should be received as specie. These, operating as a sinking fund, would reduce the quant.i.ty in circulation, so as to maintain that in an equilibrium with specie. It is not easy to estimate the obstacles which, in the beginning, we should encounter in ousting the banks from their possession of the circulation; but a steady and judicious alternation of emissions and loans, would reduce them in time. But while this is going on, another measure should be pressed, to recover ultimately our right to the circulation. The States should be applied to, to transfer the right of issuing circulating paper to Congress exclusively, in perpetuum, if possible, but during the war at least, with a saving of charter rights. I believe that every State west and South of Connecticut river, except Delaware, would immediately do it; and the others would follow in time. Congress would, of course, begin by obliging unchartered banks to wind up their affairs within a short time, and the others as their charters expired, forbidding the subsequent circulation of their paper. This they would supply with their own, bottomed, every emission, on an adequate tax, and bearing or not bearing interest, as the state of the public pulse should indicate. Even in the non-complying States, these bills would make their way, and supplant the unfunded paper of their banks, by their solidity, by the universality of their currency, and by their receivability for customs and taxes. It would be in their power, too, to curtail those banks to the amount of their actual specie, by gathering up their paper, and running it constantly on them. The national paper might thus take place even in the non-complying States. In this way, I am not without a hope, that this great, this sole resource for loans in an agricultural country, might yet be recovered for the use of the nation during war; and, if obtained in perpetuum, it would always be sufficient to carry us through any war; provided, that in the interval between war and war, all the outstanding paper should be called in, coin be permitted to flow in again, and to hold the field of circulation until another war should require its yielding place again to the national medium.

But it will be asked, are we to have no banks? Are merchants and others to be deprived of the resource of short accommodations, found so convenient? I answer, let us have banks; but let them be such as are alone to be found in any country on earth, except Great Britain. There is not a bank of discount on the continent of Europe, (at least there was not one when I was there,) which offers anything but cash in exchange for discounted bills. No one has a natural right to the trade of a money lender, but he who has the money to lend. Let those then among us, who have a monied capital, and who prefer employing it in loans rather than otherwise, set up banks, and give cash or national bills for the notes they discount. Perhaps, to encourage them, a larger interest than is legal in the other cases might be allowed them, on the condition of their lending for short periods only. It is from Great Britain we copy the idea of giving paper in exchange for discounted bills; and while we have derived from that country some good principles of government and legislation, we unfortunately run into the most servile imitation of all her practices, ruinous as they prove to her, and with the gulph yawning before us into which these very practices are precipitating her. The unlimited emission of bank paper has banished all her specie, and is now, by a depreciation acknowledged by her own statesmen, carrying her rapidly to bankruptcy, as it did France, as it did us, and will do us again, and every country permitting paper to be circulated, other than that by public authority, rigorously limited to the just measure for circulation. Private fortunes, in the present state of our circulation, are at the mercy of those self-created money lenders, and are prostrated by the floods of nominal money with which their avarice deluges us. He who lent his money to the public or to an individual, before the inst.i.tution of the United States Bank, twenty years ago, when wheat was well sold at a dollar the bushel, and receives now his nominal sum when it sells at two dollars, is cheated of half his fortune; and by whom? By the banks, which, since that, have thrown into circulation ten dollars of their nominal money where was one at that time.

Reflect, if you please, on these ideas, and use them or not as they appear to merit. They comfort me in the belief, that they point out a resource ample enough, without overwhelming war taxes, for the expense of the war, and possibly still recoverable; and that they hold up to all future time a resource within ourselves, ever at the command of government, and competent to any wars into which we may be forced. Nor is it a slight object to equalize taxes through peace and war.

I was in Bedford a fortnight in the month of May, and did not know that Francis and his cousin Baker were within 10. miles of me at Lynchburg. I learnt it by letters from themselves after I had returned home. I shall go there early in August and hope their master will permit them to pa.s.s their Sat.u.r.days & Sundays with me. Ever affectionately yours.

NO PATENTS ON IDEAS.

To Isaac McPherson Monticello, August 13, 1813 1813081.

SIR, -- Your letter of August 3d asking information on the subject of Mr. Oliver Evans' exclusive right to the use of what he calls his Elevators, Conveyers, and Hopper-boys, has been duly received. My wish to see new inventions encouraged, and old ones brought again into useful notice, has made me regret the circ.u.mstances which have followed the expiration of his first patent. I did not expect the retrospection which has been given to the reviving law. For although the second proviso seemed not so clear as it ought to have been, yet it appeared susceptible of a just construction; and the retrospective one being contrary to natural right, it was understood to be a rule of law that where the words of a statute admit of two constructions, the one just and the other unjust, the former is to be given them. The first proviso takes care of those who had lawfully used Evans' improvements under the first patent; the second was meant for those who had lawfully erected and used them after that patent expired, declaring they "should not be liable to damages therefor." These words may indeed be restrained to uses already past, but as there is parity of reason for those to come, there should be parity of law. Every man should be protected in his lawful acts, and be certain that no ex post facto law shall punish or endamage him for them. But he is endamaged, if forbidden to use a machine lawfully erected, at considerable expense, unless he will pay a new and unexpected price for it. The proviso says that he who erected and used lawfully should not be liable to pay damages. But if the proviso had been omitted, would not the law, construed by natural equity, have said the same thing. In truth both provisos are useless. And shall useless provisos, inserted pro majori cautela only, authorize inferences against justice? The sentiment that ex post facto laws are against natural right, is so strong in the United States, that few, if any, of the State const.i.tutions have failed to proscribe them. The federal const.i.tution indeed interdicts them in criminal cases only; but they are equally unjust in civil as in criminal cases, and the omission of a caution which would have been right, does not justify the doing what is wrong. Nor ought it to be presumed that the legislature meant to use a phrase in an unjustifiable sense, if by rules of construction it can be ever strained to what is just. The law books abound with similar instances of the care the judges take of the public integrity. Laws, moreover, abridging the natural right of the citizen, should be restrained by rigorous constructions within their narrowest limits.

Your letter, however, points to a much broader question, whether what have received from Mr. Evans the new and proper name of Elevators, are of his invention. Because, if they are not, his patent gives him no right to obstruct others in the use of what they possessed before. I a.s.sume it is a Lemma, that it is the invention of the machine itself, which is to give a patent right, and not the application of it to any particular purpose, of which it is susceptible. If one person invents a knife convenient for pointing our pens, another cannot have a patent right for the same knife to point our pencils. A compa.s.s was invented for navigating the sea; another could not have a patent right for using it to survey land. A machine for thres.h.i.+ng wheat has been invented in Scotland; a second person cannot get a patent right for the same machine to thresh oats, a third rye, a fourth peas, a fifth clover, &c. A string of buckets is invented and used for raising water, ore, &c., can a second have a patent right to the same machine for raising wheat, a third oats, a fourth rye, a fifth peas, &c? The question then whether such a string of buckets was invented first by Oliver Evans, is a mere question of fact in mathematical history. Now, turning to such books only as I happen to possess, I find abundant proof that this simple machinery has been in use from time immemorial. Doctor Shaw, who visited Egypt and the Barbary coast in the years 1727-8-9, in the margin of his map of Egypt, gives us the figure of what he calls a Persian wheel, which is a string of round cups or buckets hanging on a pully, over which they revolved, bringing up water from a well and delivering it into a trough above. He found this used at Cairo, in a well 264 feet deep, which the inhabitants believe to have been the work of the patriarch Joseph. Shaw's travels, 341, Oxford edition of 1738 in folio, and the Universal History, I. 416, speaking of the manner of watering the higher lands of Egypt, says, "formerly they made use of Archimedes's screw, thence named the Egyptian pump, but they now generally use wheels (wallowers) which carry a rope or chain of earthen pots holding about seven or eight quarts apiece, and draw the water from the ca.n.a.ls. There are besides a vast number of wells in Egypt, from which the water is drawn in the same manner to water the gardens and fruit trees; so that it is no exaggeration to say, that there are in Egypt above 200,000 oxen daily employed in this labor." Shaw's name of Persian wheel has been since given more particularly to a wheel with buckets, either fixed or suspended on pins, at its periphery. Mortimer's husbandry, I. 18, Duhamel III. II., Ferguson's Mechanic's plate, XIII; but his figure, and the verbal description of the Universal History, prove that the string of buckets is meant under that name. His figure differs from Evans' construction in the circ.u.mstances of the buckets being round, and strung through their bottom on a chain. But it is the principle, to wit, a string of buckets, which const.i.tutes the invention, not the form of the buckets, round, square, or hexagon; nor the manner of attaching them, nor the material of the connecting band, whether chain, rope, or leather. Vitruvius, L. x. c. 9, describes this machinery as a windla.s.s, on which is a chain descending to the water, with vessels of copper attached to it; the windla.s.s being turned, the chain moving on it will raise the vessel, which in pa.s.sing over the windla.s.s will empty the water they have brought up into a reservoir. And Perrault, in his edition of Vitruvius, Paris, 1684, fol. plates 61, 62, gives us three forms of these water elevators, in one of which the buckets are square, as Mr. Evans' are. Bossut, Histoire de Mathematiques, i. 86, says, "the drum wheel, the wheel with buckets and the Chapelets, are hydraulic machines which come to us from the ancients. But we are ignorant of the time when they began to be put into use." The Chapelets are the revolving bands of the buckets which Shaw calls the Persian wheel, the moderns a chain-pump, and Mr. Evans elevators. The next of my books in which I find these elevators is Wolf's Cours de Mathematiques, i. 370, and plate 1, Paris 1747, 8vo; here are two forms. In one of them the buckets are square, attached to two chains, pa.s.sing over a cylinder or wallower at top, and under another at bottom, by which they are made to revolve. It is a nearly exact representation of Evans' Elevators. But a more exact one is to be seen in Desagulier's Experimental Philosophy, ii. plate 34; in the Encyclopedie de Diderot et D'Alembert, 8vo edition of Lansanne, 1st volume of plates in the four subscribed Hydraulique. Norie, is one where round eastern pots are tied by their collars between two endless ropes suspended on a revolving lantern or wallower. This is said to have been used for raising ore out of a mine. In a book which I do not possess, L'Architecture Hidraulique de Belidor, the 2d volume of which is said [De la Lande's continuation of Montuclas' Historie de Mathematiques, iii. 711] to contain a detail of all the pumps, ancient and modern, hydraulic machines, fountains, wells, &c, I have no doubt this Persian wheel, chain pump, chapelets, elevators, by whichever name you choose to call it, will be found in various forms. The last book I have to quote for it is p.r.o.ny's Architecture Hydraulique i., Avertiss.e.m.e.nt vii., and (symbol omitted) 648, 649, 650. In the latter of which pa.s.sages he observes that the first idea which occurs for raising water is to lift it in a bucket by hand. When the water lies too deep to be reached by hand, the bucket is suspended by a chain and let down over a pulley or windla.s.s. If it be desired to raise a continued stream of water, the simplest means which offers itself to the mind is to attach to an endless chain or cord a number of pots or buckets, so disposed that, the chain being suspended on a lanthorn or wallower above, and plunged in water below, the buckets may descend and ascend alternately, filling themselves at bottom and emptying at a certain height above, so as to give a constant stream. Some years before the date of Mr. Evans' patent, a Mr. Martin of Caroline county in this State, constructed a drill-plough, in which he used the band of buckets for elevating the grain from the box into the funnel, which let them down into the furrow. He had bands with different sets of buckets adapted to the size of peas, of turnip seed, &c. I have used this machine for sowing Benni seed also, and propose to have a band of buckets for drilling Indian Corn, and another for wheat. Is it possible that in doing this I shall infringe Mr. Evans' patent? That I can be debarred of any use to which I might have applied my drill, when I bought it, by a patent issued after I bought it?

These verbal descriptions, applying so exactly to Mr. Evans' elevators, and the drawings exhibited to the eye, flash conviction both on reason and the senses that there is nothing new in these elevators but their being strung together on a strap of leather. If this strap of leather be an invention, ent.i.tling the inventor to a patent right, it can only extend to the strap, and the use of the string of buckets must remain free to be connected by chains, ropes, a strap of hempen girthing, or any other substance except leather. But, indeed, Mr. Martin had before used the strap of leather.

The screw of Archimedes is as ancient, at least, as the age of that mathematician, who died more than 2,000 years ago. Diodorus Siculus speaks of it, L. i., p. 21, and L. v., p. 217, of Stevens' edition of 1559, folio; and Vitruvius, xii. The cutting of its spiral worm into sections for conveying flour or grain, seems to have been an invention of Mr. Evans, and to be a fair subject of a patent right. But it cannot take away from others the use of Archimedes' screw with its perpetual spiral, for any purposes of which it is susceptible.

The hopper-boy is an useful machine, and so far as know, original.

It has been pretended by some, (and in England especially,) that inventors have a natural and exclusive right to their inventions, and not merely for their own lives, but inheritable to their heirs. But while it is a moot question whether the origin of any kind of property is derived from nature at all, it would be singular to admit a natural and even an hereditary right to inventors. It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it; but when he relinquishes the occupation, the property goes with it. Stable owners.h.i.+p is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all s.p.a.ce, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body. Accordingly, it is a fact, as far as I am informed, that England was, until wecopied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarra.s.sment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices.

Considering the exclusive right to invention as given not of natural right, but for the benefit of society, I know well the difficulty of drawing a line between the things which are worth to the public the embarra.s.sment of an exclusive patent, and those which are not. As a member of the patent board for several years, while the law authorized a board to grant or refuse patents, I saw with what slow progress a system of general rules could be matured. Some, however, were established by that board. One of these was, that a machine of which we were possessed, might be applied by every man to any use of which it is susceptible, and that this right ought not to be taken from him and given to a monopolist, because the first perhaps had occasion so to apply it. Thus a screw for crus.h.i.+ng plaster might be employed for crus.h.i.+ng corn-cobs. And a chain-pump for raising water might be used for raising wheat: this being merely a change of application. Another rule was that a change of material should not give t.i.tle to a patent. As the making a ploughshare of cast rather than of wrought iron; a comb of iron instead of horn or of ivory, or the connecting buckets by a band of leather rather than of hemp or iron. A third was that a mere change of form should give no right to a patent, as a high-quartered shoe instead of a low one; a round hat instead of a three-square; or a square bucket instead of a round one. But for this rule, all the changes of fas.h.i.+on in dress would have been under the tax of patentees. These were among the rules which the uniform decisions of the board had already established, and under each of them Mr. Evans' patent would have been refused. First, because it was a mere change of application of the chain- pump, from raising water to raise wheat. Secondly, because the using a leathern instead of a hempen band, was a mere change of material; and thirdly, square buckets instead of round, are only a change of form, and the ancient forms, too, appear to have been indifferently square or round. But there were still abundance of cases which could not be brought under rule, until they should have presented themselves under all their aspects; and these investigations occupying more time of the members of the board than they could spare from higher duties, the whole was turned over to the judiciary, to be matured into a system, under which every one might know when his actions were safe and lawful. Instead of refusing a patent in the first instance, as the board was authorized to do, the patent now issues of course, subject to be declared void on such principles as should be established by the courts of law. This business, however, is but little a.n.a.logous to their course of reading, since we might in vain turn over all the lubberly volumes of the law to find a single ray which would lighten the path of the mechanic or the mathematician. It is more within the information of a board of academical professors, and a previous refusal of patent would better guard our citizens against harra.s.sment by law- suits. But England had given it to her judges, and the usual predominancy of her examples carried it to ours.

It happened that I had myself a mill built in the interval between Mr. Evans' first and second patents. I was living in Was.h.i.+ngton, and left the construction to the mill- wright. I did not even know he had erected elevators, conveyers and hopper-boys, until I learnt it by an application from Mr. Evans' agent for the patent price. Although I had no idea he had a right to it by law, (for no judicial decision had then been given,) yet I did not hesitate to remit to Mr. Evans the old and moderate patent price, which was what he then asked, from a wish to encourage even the useful revival of ancient inventions. But I then expressed my opinion of the law in a letter, either to Mr. Evans or to his agent.

I have thus, Sir, at your request, given you the facts and ideas which occur to me on this subject. I have done it without reserve, although I have not the pleasure of knowing you personally. In thus frankly committing myself to you, I trust you will feel it as a point of honor and candor, to make no use of my letter which might bring disquietude on myself. And particularly, I should be unwilling to be brought into any difference with Mr. Evans, whom, however, I believe too reasonable to take offence at an honest difference of opinion. esteem him much, and sincerely wish him wealth and honor. I deem him a valuable citizen, of uncommon ingenuity and usefulness. And had I not esteemed still more the establishment of sound principles, I should now have been silent. If any of the matter I have offered can promote that object, I have no objection to its being so used; if it offers nothing new, it will of course not be used at all. I have gone with some minuteness into the mathematical history of the elevator, because it belongs to a branch of science in which, as I have before observed, it is not inc.u.mbent on lawyers to be learned; and it is possible, therefore, that some of the proofs I have quoted may have escaped on their former arguments. On the law of the subject I should not have touched, because more familiar to those who have already discussed it; but I wished to state my own view of it merely in justification of myself, my name and approbation being subscribed to the act. With these explanations, accept the a.s.surance of my respect.

A "DUCTILE AND COPIOUS" LANGUAGE.

To John Waldo Monticello, August 16, 1813 1813081.

SIR, -- Your favor of March 27th came during my absence on a journey of some length. It covered your "Rudiments of English Grammar," for which I pray you to accept my thanks. This acknowledgment of it has been delayed, until I could have time to give the work such a perusal as the avocations to which I am subject would permit. In the rare and short intervals which these have allotted me, I have gone over with pleasure a considerable part, although not yet the whole of it. But I am entirely unqualified to give that critical opinion of it which you do me the favor to ask. Mine has been a life of business, of that kind which appeals to a man's conscience, as well as his industry, not to let it suffer, and the few moments allowed me from labor have been devoted to more attractive studies, that of grammar having never been a favorite with me. The scanty foundation, laid in at school, has carried me through a life of much hasty writing, more indebted for styleto reading and memory, than to rules of grammar. I have been pleased to see that in all cases you appeal to usage, as the arbiter of language; and justly consider that as giving law to grammar, and not grammar to usage. I concur entirely with you in opposition to Purists, who would destroy all strength and beauty of style, by subjecting it to a rigorous compliance with their rules. Fill up all the ellipses and syllepses of Tacitus, Sall.u.s.t, Livy, &c., and the elegance and force of their sententious brevity are extinguished.

"Auferre, trucidare, rapere, falsis nominibus, imperium appellant." "Deorum injurias, diis curae." "Allieni appetens, sui profusus; ardens in cupiditatibus; satis loquentiae, sapientiae parum." "Annibal peto pacem." "Per diem Sol non uret te, neque Luna per noctem." Wire- draw these expressions by filling up the whole syntax and sense, and they become dull paraphrases on rich sentiments. We may say then truly with Quinctilian, "Aliud est Grammatice, aliud Latine loqui." I am no friend, therefore, to what is called Purism, but a zealous one to the Neology which has introduced these two words without the authority of any dictionary. I consider the one as destroying the nerve and beauty of language, while the otherimproves both, and adds to its copiousness. I have been not a little disappointed, and made suspicious of my own judgment, on seeing the Edinburgh Reviews, the ablest critics of the age, set their faces against the introduction of new words into the English language; they are particularly apprehensive that the writers of the United States will adulterate it. Certainly so great growing a population, spread over such an extent of country, with such a variety of climates, of productions, of arts, must enlarge their language, to make it answer its purpose of expressing all ideas, the new as well as the old. The new circ.u.mstances under which we are placed, call for new words, new phrases, and for the transfer of old words to new objects. An American dialect will therefore be formed; so will a West-Indian and Asiatic, as a Scotch and an Irish are already formed. But whether will these adulterate, or enrich the English language? Has the beautiful poetry of Burns, or his Scottish dialect, disfigured it? Did the Athenians consider the Doric, the Ionian, the Aeolic, and other dialects, as disfiguring or as beautifying their language? Did they fastidiously disavow Herodotus, Pindar, Theocritus, Sappho, Alcaeus, or Grecian writers? On the contrary, they were sensible that the variety of dialects, still infinitely varied by poetical license, const.i.tuted the riches of their language, and made the Grecian Homer the first of poets, as he must ever remain, until a language equally ductile and copious shall again be spoken.

Every language has a set of terminations, which make a part of its peculiar idiom. Every root among the Greeks was permitted to vary its termination, so as to express its radical idea in the form of any one of the parts of speech; to wit, as a noun, an adjective, a verb, participle, or adverb; and each of these parts of speech again, by still varying the termination,could vary the shade of idea existing in the mind.

It was not, then, the number of Grecian roots (for some other languages may have as many) which made it the most copious of the ancient languages; but the infinite diversification which each of these admitted. Let the same license be allowed in English, the roots of which, native and adopted, are perhaps more numerous, and its idiomatic terminations more various than of the Greek, and see what the language would become. Its idiomatic terminations are: -- Subst. Gener-ation--ator; degener-acy; gener- osity-- ousness--als.h.i.+p--alissimo; king-dom--ling; joy-ance; enjoy-er-- ment; herb-age--alist; sanct-uary--imony--itude; royal-ism; lamb- kin; child-hood; bishop-ric; proceed-ure; horseman-s.h.i.+p; worthi- ness.

Adj. Gener-ant--ative--ic--ical--able--ous--al; joy- ful--less--some; herb-y; accous-escent--ulent; child- ish; wheat- en.

Verb. Gener-ate--alize.

Part. Gener-ating--ated.

Adv. Gener-al--ly.

I do not pretend that this is a complete list of all the terminations of the two languages. It is as much so as a hasty recollection suggests, and the omissions are as likely to be to the disadvantage of the one as the other. If it be a full, or equally fair enumeration, the English are the double of the Greek terminations.

But there is still another source of copiousness more abundant than that of termination. It is the composition of the root, and of every member of its family, 1, with prepositions, and 2, with other words. The prepositions used in the composition of Greek words are: -- * * *

Now multiply each termination of a family into every preposition, and how prolific does it make each root! But the English language, besides its own prepositions, about twenty in number, which it compounds with English roots, uses those of the Greek for adopted Greek roots, and of the Latin for Latin roots. The English prepositions, with examples of their use, are a, as in a-long, a-board, a- thirst, a-clock; be, as in be-lie; mis, as in mis-hap; these being inseparable. The separable, with examples, are above-cited, after-thought, gain-say, before-hand, fore- thought, behind-hand, by-law, for-give, fro-ward, in-born, on-set, over-go, out-go, thorough-go, under-take, up-lift, with- stand. Now let us see what copiousness this would produce, were it allowed to compound every root and its family with every preposition, where both sense and sound would be in its favor. Try it on an English root, the verb "to place," Anglo Saxon plaece, (note-Letters-5, see page 1300) for instance, and the Greek and Latin roots, of kindred meaning, adopted in English, to wit, {thesis} and locatio, with their prepositions.Johnson derives "place" from the French "place," an open square in a town. But its northern parentage is visible in its syno-nime platz, Teutonic, and plattse, Belgic, both of which signify locus, and the Anglo-Saxon plaece, platea, vicus.

mis-place amphi-thesis a-location inter-location after-place ana-thesis ab-location intro- location gain-place anti-thesis abs-location juxta- location fore-place apo-thesis al-location ob-location hind-place dia-thesis anti-location per- location by-place ek