Letters Of Thomas Jefferson Part 5

The season admitting only of operations in the Cabinet, and these being in a great measure secret, I have little to fill a letter. I will therefore make up the deficiency by adding a few words on the Const.i.tution proposed by our Convention. I like much the general idea of framing a government which should go on of itself peaceably, without needing continual recurrence to the state legislatures. I like the organization of the government into Legislative, Judiciary & Executive. I like the power given the Legislature to levy taxes, and for that reason solely approve of the greater house being chosen by the people directly. For tho' I think a house chosen by them will be very illy qualified to legislate for the Union, for foreign nations &c. yet this evil does not weigh against the good of preserving inviolate the fundamental principle that the people are not to be taxed but by representatives chosen immediately by themselves. I am captivated by the compromise of the opposite claims of the great & little states, of the latter to equal, and the former to proportional influence. I am much pleased too with the subst.i.tution of the method of voting by persons, instead of that of voting by states: and I like the negative given to the Executive with a third of either house, though I should have liked it better had the Judiciary been a.s.sociated for that purpose, or invested with a similar and separate power. There are other good things of less moment. I will now add what I do not like. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of nations. To say, as Mr. Wilson does that a bill of rights was not necessary because all is reserved in the case of the general government which is not given, while in the particular ones all is given which is not reserved, might do for the audience to whom it was addressed, but is surely a gratis dictum, opposed by strong inferences from the body of the instrument, as well as from the omission of the clause of our present confederation which had declared that in express terms. It was a hard conclusion to say because there has been no uniformity among the states as to the cases triable by jury, because some have been so incautious as to abandon this mode of trial, therefore the more prudent states shall be reduced to the same level of calamity. It would have been much more just & wise to have concluded the other way that as most of the states had judiciously preserved this palladium, those who had wandered should be brought back to it, and to have established general right instead of general wrong. Let me add that a bill of rights is what the people are ent.i.tled to against every government on earth, general or particular, & what no just government should refuse, or rest on inferences. The second feature I dislike, and greatly dislike, is the abandonment in every instance of the necessity of rotation in office, and most particularly in the case of the President. Experience concurs with reason in concluding that the first magistrate will always be re-elected if the Const.i.tution permits it. He is then an officer for life. This once observed, it becomes of so much consequence to certain nations to have a friend or a foe at the head of our affairs that they will interfere with money & with arms. A Galloman or an Angloman will be supported by the nation he befriends. If once elected, and at a second or third election out voted by one or two votes, he will pretend false votes, foul play, hold possession of the reins of government, be supported by the States voting for him, especially if they are the central ones lying in a compact body themselves & separating their opponents: and they will be aided by one nation of Europe, while the majority are aided by another. The election of a President of America some years hence will be much more interesting to certain nations of Europe than ever the election of a king of Poland was. Reflect on all the instances in history antient & modern, of elective monarchies, and say if they do not give foundation for my fears. The Roman emperors, the popes, while they were of any importance, the German emperors till they became hereditary in practice, the kings of Poland, the Deys of the Ottoman dependances. It may be said that if elections are to be attended with these disorders, the seldomer they are renewed the better. But experience shews that the only way to prevent disorder is to render them uninteresting by frequent changes. An incapacity to be elected a second time would have been the only effectual preventative. The power of removing him every fourth year by the vote of the people is a power which will not be exercised. The king of Poland is removeable every day by the Diet, yet he is never removed. -- Smaller objections are the Appeal in fact as well as law, and the binding all persons Legislative Executive & Judiciary by oath to maintain that const.i.tution. I do not pretend to decide what would be the best method of procuring the establishment of the manifold good things in this const.i.tution, and of getting rid of the bad. Whether by adopting it in hopes of future amendment, or, after it has been duly weighed & canva.s.sed by the people, after seeing the parts they generally dislike, & those they generally approve, to say to them 'We see now what you wish. Send together your deputies again, let them frame a const.i.tution for you omitting what you have condemned, & establis.h.i.+ng the powers you approve. Even these will be a great addition to the energy of your government.' -- At all events I hope you will not be discouraged from other trials, if the present one should fail of its full effect. -- I have thus told you freely what I like & dislike: merely as a matter of curiosity, for I know your own judgment has been formed on all these points after having heard everything which could be urged on them. I own I am not a friend to a very energetic government. It is always oppressive. The late rebellion in Ma.s.sachusetts has given more alarm than I think it should have done. Calculate that one rebellion in 13 states in the course of 11 years, is but one for each state in a century & a half. No country should be so long without one. Nor will any degree of power in the hands of government prevent insurrections. France, with all it's despotism, and two or three hundred thousand men always in arms has had three insurrections in the three years I have been here in every one of which greater numbers were engaged than in Ma.s.sachusetts & a great deal more blood was spilt. In Turkey, which Montesquieu sup-poses more despotic, insurrections are the events of every day. In England, where the hand of power is lighter than here, but heavier than with us they happen every half dozen years. Compare again the ferocious depredations of their insurgents with the order, the moderation & the almost self extinguishment of ours. -- After all, it is my principle that the will of the majority should always prevail. If they approve the proposed Convention in all it's parts, I shall concur in it chearfully, in hopes that they will amend it whenever they shall find it work wrong. I think our governments will remain virtuous for many centuries; as long as they are chiefly agricultural; and this will be as long as there shall be vacant lands in any part of America. When they get piled upon one another in large cities, as in Europe, they will become corrupt as in Europe. Above all things I hope the education of the common people will be attended to; convinced that on their good sense we may rely with the most security for the preservation of a due degree of liberty. I have tired you by this time with my disquisitions & will therefore only add a.s.surances of the sincerity of those sentiments of esteem & attachment with which I am Dear Sir your affectionate friend & servant P. S. The instability of our laws is really an immense evil. I think it would be well to provide in our const.i.tutions that there shall always be a twelve-month between the ingross-ing a bill & pa.s.sing it: that it should then be offered to it's pa.s.sage without changing a word: and that if circ.u.m-stances should be thought to require a speedier pa.s.sage, it should take two thirds of both houses instead of a bare majority.

A STRATEGY ON RATIFICATION.

To Alexander Donald Paris, February 7, 1788 1788010.

DEAR SIR, -- I received duly your friendly letter of November the 12th. By this time, you will have seen published by Congress, the new regulations obtained from this court, in favor of our commerce. You will observe, that the arrangement relative to tobacco is a continuation of the order of Berni for five years, only leaving the price to be settled between the buyer and seller. You will see too, that all contracts for tobacco are forbidden, till it arrives in France. Of course, your proposition for a contract is precluded. I fear the prices here will be low, especially if the market be crowded. You should be particularly attentive to the article, which requires that the tobacco should come in French or American bottoms, as this article will, in no instance, be departed from.

I wish with all my soul, that the nine first conventions may accept the new const.i.tution, because this will secure to us the good it contains, which I think great and important. But equally wish, that the four latest conventions, which ever they be, may refuse to accede to it, till a declaration of rights be annexed. This would probably command the offer of such a declaration, and thus give to the whole fabric, perhaps as much perfection as any one of that kind ever had. By a declaration of rights, I mean one which shall stipulate freedom of religion, freedom of the press, freedom of commerce against monopolies, trial by juries in all cases, no suspensions of the habeas corpus, no standing armies. These are fetters against doing evil, which no honest government should decline. There is another strong feature in the new const.i.tution, which I as strongly dislike. That is, the perpetual reeligibility of the President. Of this I expect no amendment at present, because do not see that any body has objected to it on your side the water. But it will be productive of cruel distress to our country, even in your day and mine. The importance to France and England, to have our government in the hands of a friend or a foe, will occasion their interference by money, and even by arms. Our President will be of much more consequence to them than a King of Poland. We must take care, however, that neither this, nor any other objection to the new form, produces a schism in our Union. That would be an incurable evil, because near friends falling out, never re-unite cordially; whereas, all of us going together, we shall be sure to cure the evils of our new const.i.tution, before they do great harm. The box of books I had taken the liberty to address to you, is but just gone from Havre for New York. I do not see, at present, any symptoms strongly indicating war. It is true, that the distrust existing between the two courts of Versailles and London, is so great, that they can scarcely do business together. However, the difficulty and doubt of obtaining money make both afraid to enter into war. The little preparations for war, which we see, are the effect of distrust, rather then of a design to commence hostilities. And in such a state of mind, you know, small things may produce a rupture: so that though peace is rather probable, war is very possible.

Your letter has kindled all the fond recollections of antient times; recollections much dearer to me than any thing have known since. There are minds which can be pleased by honors and preferments; but I see nothing in them but envy and enmity. It is only necessary to possess them, to know how little they contribute to happiness, or rather how hostile they are to it. No attachments soothe the mind so much as those contracted in early life; nor do I recollect any societies which have given me more pleasure, than those of which you have partaken with me. had rather be shut up in a very modest cottage, with my books, my family and a few old friends, dining on simple bacon, and letting the world roll on as it liked, than to occupy the most splendid post, which any human power can give. I shall be glad to hear from you often. Give me the small news as well as the great. Tell Dr. Currie, that I believe I am indebted to him a letter, but that like the ma.s.s of our countrymen, I am not, at this moment, able to pay all my debts; the post being to depart in an hour, and the last stroke of a pen I am able to send by it, being that which a.s.sures you of the sentiments of esteem and attachment, with which I am, Dear Sir, your affectionate friend and servant, TLetters "A SON OF NATURE".

To Maria Cosway Paris, April 24, 1788 1788042.

I arrived here, my dear friend, the last night, and in a bushel of letters presented me by way of reception, I saw that one was of your handwriting. It is the only one I have yet opened, and I answer it before I open another. I do not think was in arrears in our epistolary account when I left Paris. In affection I am sure you were greatly my debtor. I often determined during my journey to write to you: but sometimes the fatigue of exercise, and sometimes fatigued attention hindered me.

At Dusseldorff I wished for you much. I surely never saw so precious a collection of paintings. Above all things those of Van der Werff affected me the most. His picture of Sarah delivering Agar to Abraham is delicious. I would have agreed to have been Abraham though the consequence could have been that I should have been dead five or six thousand years. Carlo Dolce became also a violent favorite. I am so little of a connoisseur that I preferred the works of these two authors to the old faded red things of Rubens. I am but a son of nature, loving what I see & feel, without being able to give a reason, nor caring much whether there be one. At Heidelberg I wished for you too. In fact I led you by the hand thro' the whole garden.

I was struck with the resemblance of this scene to that of Vaucluse as seen from what is called the chateau of Petrarch. Nature has formed both on the same sketch, but she has filled up that of Heidelberg with a bolder hand, the river is larger, the mountains more majestic and better clothed. Art too has seconded her views. The chateau of Petrarch is the ruin of a modest country house, that of Heidelberg would stand well along side the pyramids of Egypt. It is certainly the most magnificent ruin after those left us by the antients.

At Strasbourg I sat down to write to you, but for my soul I could think of nothing at Strasbourg but the promontory of noses, of Diego, of Slawkenburgius his historiaga, & the procession of the Strasburgers to meet the man with the nose. Had I written to you from thence it would have been a continuation of Sterne upon noses, & I knew that nature had not formed me for a Continuator of Sterne: so let it alone till came here and received your angry letter. It is a proof of your esteem, but I love better to have soft testimonials of it.

You must therefore now write me a letter teeming with affection; such as I feel for you. So much I have no right to ask. Being but just arrived I am not au fait of the small news affecting your acquaintances here. I know only that the princess Lubomirski is still here & that she has taken the house that was M. de Simoulin's. When you come again therefore you will be somewhat nearer to me, but not near enough: and still surrounded by a numerous cortege, so that I shall see you only by sc.r.a.ps as I did when you were here last. The time before we were half days & whole days together, & I found this too little. Adieu! G.o.d bless you!

Your's affectionately "AMAZONS AND ANGELS".

To Anne Willing Bingham Paris, May 11, 1788 1788051.

DEAR MADAM, -- A gentleman going to Philadelphia furnishes me the occasion of sending you some numbers of the Cabinet des Modes & some new theatrical pieces. These last have had great success on the stage, where they have excited perpetual applause. We have now need of something to make us laugh, for the topics of the times are sad and eventful. The gay and thoughtless Paris is now become a furnace of Politics. All the world is now politically mad. Men, women, children talk nothing else, & you know that naturally they talk much, loud & warm. Society is spoilt by it, at least for those who, like myself, are but lookers on. -- You too have had your political fever. But our good ladies, I trust, have been too wise to wrinkle their foreheads with politics. They are contented to soothe & calm the minds of their husbands returning ruffled from political debate. They have the good sense to value domestic happiness above all other, and the art to cultivate it beyond all others. There is no part of the earth where so much of this is enjoyed as in America. You agree with me in this; but you think that the pleasures of Paris more than supply its wants; in other words that a Parisian is happier than an American. You will change your opinion, my dear Madam, and come over to mine in the end. Recollect the women of this capital, some on foot, some on horses, & some in carriages hunting pleasure in the streets, in routs & a.s.semblies, and forgetting that they have left it behind them in their nurseries; compare them with our own countrywomen occupied in the tender and tranquil amus.e.m.e.nts of domestic life, and confess that it is a comparison of Amazons and Angels. -- You will have known from the public papers that Monsieur de Buffon, the father, is dead & you have known long ago that the son and his wife are separated. They are pursuing pleasure in opposite directions. Madame de Rochambeau is well: so is Madame de la Fayette. I recollect no other Nouvelles de societe interesting to you. And as for political news of battles & sieges, Turks & Russians, I will not detail them to you, because you would be less handsome after reading them. I have only to add then, what I take a pleasure in repeating, tho' it will be the thousandth time that I have the honour to be with sentiments of very sincere respect & attachment, dear Madam, your most obedient & most humble servant.

"THE CRUMBS OF SCIENCE".

To the Rev. James Madison Paris, July 19, 1788 1788071.

DEAR SIR, -- My last letter to you was of the 13th of August last. As you seem willing to accept of the crumbs of science on which we are subsisting here, it is with pleasure continue to hand them on to you, in proportion as they are dealt out. Herschel's volcano in the moon you have doubtless heard of, and placed among the other vagaries of a head, which seems not organised for sound induction. The wildness of the theories. .h.i.therto proposed by him, on his own discoveries, seems to authorise us to consider his merit as that of a good optician only. You know also, that Doctor Ingenhouse had discovered, as he supposed, from experiment, that vegetation might be promoted by occasioning streams of the electrical fluid to pa.s.s through a plant, and that other physicians had received and confirmed this theory. He now, however, retracts it, and finds by more decisive experiments, that the electrical fluid can neither forward nor r.e.t.a.r.d vegetation. Uncorrected still of the rage of drawing general conclusions from partial and equivocal observations, he hazards the opinion that light promotes vegetation. I have heretofore supposed from observation, that light affects the color of living bodies, whether vegetable or animal; but that either the one or the other receives nutriment from that fluid, must be permitted to be doubted of, till better confirmed by observation. It is always better to have no ideas, than false ones; to believe nothing, than to believe what is wrong. In my mind, theories are more easily demolished than rebuilt.

An Abbe here, has shaken, if not destroyed, the theory of de Dominis, Descartes and Newton, for explaining the phenomenon of the rainbow. According to that theory, you know, a cone of rays issuing from the sun, and falling on a cloud in the opposite part of the heavens, is reflected back in the form of a smaller cone, the apex of which is the eye of the observer: so that the eye of the observer must be in the axis of both cones, and equally distant from every part of the bow. But he observes, that he has repeatedly seen bows, the one end of which has been very near to him, and the other at a very great distance. I have often seen the same thing myself. I recollect well to have seen the end of a rainbow between myself and a house, or between myself and a bank, not twenty yards distant; and this repeatedly. But I never saw, what he says he has seen, different rainbows at the same time, intersecting each other. I never saw coexistent bows, which were not concentric also. Again, according to the theory, if the sun is in the horizon, the horizon intercepts the lower half of the bow, if above the horizon, that intercepts more than the half, in proportion. So that generally, the bow is less than a semicircle, and never more. He says he has seen it more than a semicircle. I have often seen the leg of the bow below my level. My situation at Monticello admits this, because there is a mountain there in the opposite direction of the afternoon's sun, the valley between which and Monticello, is five hundred feet deep. I have seen a leg of a rainbow plunge down on the river running through the valley. But I do not recollect to have remarked at any time, that the bow was more than half a circle. It appears to me, that these facts demolish the Newtonian hypothesis, but they do not support that erected in its stead by the Abbe. He supposes a cloud between the sun and observer, and that through some opening in that cloud, the rays pa.s.s, and form an iris on the opposite part of the heavens, just as a ray pa.s.sing through a hole in the shutter of a darkened room, and falling on a prism there, forms the prismatic colors on the opposite wall. According to this, we might see bows of more than the half circle, as often as of less. A thousand other objections occur to this hypothesis, which need not be suggested to you. The result is, that we are wiser than we were, by having an error the less in our catalogue; but the blank occasioned by it, must remain for some happier hypothesist to fill up.

The dispute about the conversion and reconversion of water and air, is still stoutly kept up. The contradictory experiments of chemists, leave us at liberty to conclude what we please. My conclusion is, that art has not yet invented sufficient aids, to enable such subtle bodies to make a well defined impression on organs as blunt as ours: that it is laudable to encourage investigation, but to hold back conclusion. Speaking one day with Monsieur de Buffon, on the present ardor of chemical inquiry, he affected to consider chemistry but as cookery, and to place the toils of the laboratory on a footing with those of the kitchen. I think it, on the contrary, among the most useful of sciences, and big with future discoveries for the utility and safety of the human race. It is yet, indeed, a mere embryon. Its principles are contested; experiments seem contradictory; their subjects are so minute as to escape our senses; and their result too fallacious to satisfy the mind. It is probably an age too soon, to propose the establishment of a system. The attempt, therefore, of Lavoisier to reform the chemical nomenclature, is premature. One single experiment may destroy the whole filiation of his terms, and his string of sulphates, sulfites and sulfures, may have served no other end, than to have r.e.t.a.r.ded the progress of the science, by a jargon, from the confusion of which, time will be requisite to extricate us. Accordingly, it is not likely to be admitted generally.

You are acquainted with the properties of the composition of nitre, salt of tartar and sulphur, called pulvis fulminans. Of this, the explosion is produced by heat alone. Monsieur Bertholet, by dissolving silver in the nitrous acid, precipitating it with lime water, and drying the precipitate on ammoniac, has discovered a powder which fulminates most powerfully, on coming into contact with any substance whatever. Once made, it cannot be touched. It cannot be put into a bottle, but must remain in the capsula, where dried. The property of the spathic acid, to corrode flinty substances, has been lately applied by a Mr. Puymaurin, to engrave on gla.s.s, as artists engrave on copper, with aquafortis. M. de la Place has discovered, that the secular acceleration and r.e.t.a.r.dation of the moon's motion, is occasioned by the action of the sun, in proportion as his excentricity changes, or, in other words, as the orbit of the earth increases or diminishes. So that this irregularity is now perfectly calculable.

Having seen announced in a gazette, that some person had found in a library of Sicily, an Arabic translation of Livy, which was thought to be complete, I got the charge des affaires of Naples here, to write to Naples to inquire into the fact. He obtained in answer, that an Arabic translation was found, and that it would restore to us seventeen of the books lost, to wit, from the sixtieth to the seventy- seventh, inclusive: that it was in possession of an Abbe Vella, who, as soon as he shall have finished a work he has on hand, will give us an Italian, and perhaps a Latin translation of this Livy. There are persons, however, who doubt the truth of this discovery, founding their doubts on some personal cric.u.mstances relating to the person who says he has this translation. I find, nevertheless, that the charge des affaires believes in the discovery, which makes me hope it may be true.

A countryman of ours, a Mr. Ledyard of Connecticut, set out from hence some time ago for St. Petersburg, to go thence to Kamtschatka, thence to cross over to the western coast of America , and penetrate through the continent, to the other side of it. He had got within a few days' journey of Kamtschatka, when he was arrested by order of the Empress of Russia, sent back, and turned adrift in Poland. He went to London; engaged under the auspices of a private society, formed there for pus.h.i.+ng discoveries into Africa; pa.s.sed by this place, which he left a few days ago for Ma.r.s.eilles, where he will embark for Alexandria and Grand Cairo; thence explore the Nile to its source; cross the head of the Niger, and descend that to its mouth. He promises me, if he escapes through his journey, he will go to Kentucky, and endeavor to penetrate westwardly to the South Sea.

The death of M. de Buffon you have heard long ago. I do not know whether we shall have any thing posthumous of his. As to political news, this country is making its way to a good const.i.tution. The only danger is, they may press so fast as to produce an appeal to arms, which might have an unfavorable issue for them. As yet, the appeal is not made. Perhaps the war which seems to be spreading from nation to nation, may reach them: this would insure the calling of the States General, and this, as is supposed, the establishment of a const.i.tution.

I have the honor to be, with sentiments of sincere esteem and respect, Dear Sir, your friend and servant, "A MONOPOLY OF DESPOTISM".

To St. John de Crevecoeur Paris, August 9, 1788 1788080.

DEAR SIR, -- While our second revolution is just brought to a happy end with you, yours here, is but cleverly under way. For some days, I was really melancholy with the apprehension, that arms would be appealed to, and the opposition crushed in its first efforts. But things seem now to wear a better aspect. While the opposition keeps at its highest wholesome point, government, unwilling to draw the sword, is not forced to do it. The contest here is exactly what it was in Holland: a contest between the monarchical and aristocratical parts of the government, for a monopoly of despotism over the people. The aristocracy in Holland, seeing that their common prey was likely to escape out of their clutches, chose rather to retain its former portion, and therefore coalesced with the single head. The people remained victims. Here, I think, it will take a happier turn. The parliamentary part of the aristocracy is alone firmly united. The n.o.blesse and Clergy, but especially the former, are divided partly between the parliamentary and the despotic party, and partly united with the real patriots, who are endeavoring to gain for the nation what they can, both from the parliamentary and the single despotism. I think I am not mistaken in believing, that the King and some of his ministers are well affected to this band; and surely, that they will make great cessions to the people, rather than small ones to the parliament. They are, accordingly, yielding daily to the national reclamations, and will probably end, in according a well tempered const.i.tution. They promise the States General for the next year, and I have good information that an Arret will appear the day after tomorrow, announcing them for May, 1789. How they will be composed, and what they will do, cannot be foreseen. Their convocation, however, will tranquillise the public mind, in a great degree, till their meeting. There are, however, two intervening difficulties. 1. Justice cannot till then continue completely suspended, as it now is. The parliament will not resume their functions, but in their entire body. The baillages are afraid to accept of them. What will be done? 2. There are well founded fears of a bankruptcy before the month of May. In the mean time, the war is spreading from nation to nation. Sweden has commenced hostilities against Russia; Denmark is shewing its teeth against Sweden; Prussia against Denmark; and England too deeply engaged in playing the back game, to avoid coming forward, and dragging this country and Spain in with her. But even war will not prevent the a.s.sembly of the States General, because it cannot be carried on without them. War, however, is not the most favorable moment for divesting the monarchy of power. On the contrary, it is the moment when the energy of a single hand, shews itself in the most seducing form.

Your friend the Countess d'Houdetot has had a long illness at Sanois. She was well enough the other day to come to Paris & was so good as to call on me, as I did also on her, without finding each other. The Dutchess Danville is in the country altogether. Your sons are well. Their master speaks very highly of the genius & application of Aly, and more favorably of the genius than application of the younger. They are both fine lads, and will make you very happy. I am not certain whether more exercise than the rules of the school admit would not be good for Aly. I conferred the other day on this subject with M. le Moine, who seems to be of that opinion, & disposed to give him every possible indulgence.

A very considerable portion of this country, has been desolated by a hail. I considered the newspaper accounts, of hailstones of ten pounds weight, as exaggerations. But in a conversation with the Duke de la Rochefoucaut, the other day, he a.s.sured me, that though he could not say he had seen such himself, yet he considered the fact as perfectly established. Great contributions, public and private, are making for the sufferers. But they will be like the drop of water from the finger of Lazarus. There is no remedy for the present evil, nor way to prevent future ones, but to bring the people to such a state of ease, as not to be ruined by the loss of a single crop. This hail may be considered as the coup de grace to an expiring victim. In the arts, there is nothing new discovered since you left us, which is worth communicating. Mr. Payne's iron bridge was exhibited here, with great approbation. An idea has been encouraged, of executing it in three arches, at the King's garden. But it will probably not be done.

I am, with sentiments of perfect esteem and attachment, Dear Sir, your most obedient and most humble servant, COMMERCE, WAR, AND REVOLUTION.

To George Was.h.i.+ngton Paris, Dec. 4, 1788 1788120.

SIR, -- Your favor of Aug. 31. came to hand yesterday; and a confidential conveiance offering, by the way of London, avail myself of it to acknolege the receipt.

I have seen, with infinite pleasure, our new const.i.tution accepted by 11. states, not rejected by the 12th. and that the 13th. happens to be a state of the least importance. It is true, that the minorities in most of the accepting states have been very respectable, so much so as to render it prudent, were it not otherwise reasonable, to make some sacrifice to them. I am in hopes that the annexation of the bill of rights to the const.i.tution will alone draw over so great a proportion of the minorities, as to leave little danger in the opposition of the residue; and that this annexation may be made by Congress and the a.s.semblies, without calling a convention which might endanger the most valuable parts of the system. Calculation has convinced me that circ.u.mstances may arise, and probably will arise, wherein all the resources of taxation will be necessary for the safety of the state. For tho' I am decidedly of opinion we should take no part in European quarrels, but cultivate peace and commerce with all, yet who can avoid seeing the source of war, in the tyranny of those nations who deprive us of the natural right of trading with our neighbors? The products of the U.S. will soon exceed the European demand: what is to be done with the surplus, when there shall be one? It will be employed, without question, to open by force a market for itself with those placed on the same continent with us, and who wish nothing better. Other causes too are obvious, which may involve us in war; and war requires every resource of taxation & credit. The power of making war often prevents it, and in our case would give efficacy to our desire of peace. If the new government wears the front which I hope it will, I see no impossibility in the availing ourselves of the wars of others to open the other parts of America to our commerce, as the price of our neutrality.

The campaign between the Turks & two empires has been clearly in favor of the former. The emperor is secretly trying to bring about a peace. The alliance between England, Prussia and Holland, (and some suspect Sweden also) renders their mediation decisive whenever it is proposed. They seemed to interpose it so magisterially between Denmark & Sweden, that the former submitted to it's dictates, and there was all reason to believe that the war in the North-Western parts of Europe would be quieted. All of a sudden a new flame bursts out in Poland. The king and his party are devoted to Russia. The opposition rely on the protection of Prussia. They have lately become the majority in the confederated diet, and have pa.s.sed a vote for subjecting their army to a commission independent of the king, and propose a perpetual diet in which case he will be a perpetual cypher. Russia declares against such a change in their const.i.tution, and Prussia has put an army into readiness for marching at a moment's warning on the frontiers of Poland. These events are too recent to see as yet what turn they will take, or what effect they will have on the peace of Europe. So is that also of the lunacy of the king of England, which is a decided fact, notwithstanding all the stuff the English papers publish about his fevers, his deliriums &c. The truth is that the lunacy declared itself almost at once; and with as few concomitant complaints as usually attend the first development of that disorder. I suppose a regency will be established, and if it consist of a plurality of members it will probably be peaceable. In this event it will much favor the present wishes of this country, which are so decidedly for peace, that they refused to enter into the mediation between Sweden and Russia, lest it should commit them. As soon as the convocation of the States- general was announced, a tranquillity took place thro' the whole kingdom. Happily no open rupture had taken place in any part of it. The parliaments were re-instated in their functions at the same time. This was all they desired, and they had called for the States general only through fear that the crown could not otherwise be forced to re-instate them. Their end obtained, they began to foresee danger to themselves in the States general. They began to lay the foundations for cavilling at the legality of that body, if it's measures should be hostile to them. The court, to clear itself of the dispute, convened the Notables who had acted with general approbation on the former occasion, and referred to them the forms of calling and organising the States- general. These Notables consist princ.i.p.ally of n.o.bility & clergy, the few of the tiers etat among them being either parliament-men, or other privileged persons. The court wished that in the future States general the members of the Tiersetat should equal those of both the other orders, and that they should form but one house, all together, & vote by persons, not by orders. But the Notables, in the true spirit of priests and n.o.bles, combining together against the people, have voted by 5 bureaux out of 6. that the people or tiers etat shall have no greater number of deputies than each of the other orders separately, and that they shall vote by orders: so that two orders concurring in a vote, the third will be overruled, for it is not here as in England where each of the three branches has a negative on the other two. If this project of theirs succeeds, a combination between the two houses of clergy & n.o.bles, will render the representation of the Tiers etat merely nugatory. The bureaux are to a.s.semble together to consolidate their separate votes; but I see no reasonable hope of their changing this. Perhaps the king, knowing that he may count on the support of the nation and attach it more closely to him, may take on himself to disregard the opinion of the Notables in this instance, and may call an equal representation of the people, in which precedents will support him. In every event, I think the present disquiet will end well. The nation has been awaked by our revolution, they feel their strength, they are enlightened, their lights are spreading, and they will not retrograde. The first states general may establish 3. important points without opposition from the court. 1. their own periodical convocation. 2. their exclusive right of taxation (which has been confessed by the king.) 3. the right of registering laws and of previously proposing amendments to them, as the parliaments have by usurpation been in the habit of doing. The court will consent to this from it's hatred to the parliaments, and from the desire of having to do with one rather than many legislatures. If the states are prudent they will not aim at more than this at first, lest they should shock the dispositions of the court, and even alarm the public mind, which must be left to open itself by degrees to successive improvements. These will follow from the nature of things. How far they can proceed, in the end, towards a thorough reformation of abuse, cannot be foreseen. In my opinion a kind of influence, which none of their plans of reform take into account, will elude them all; I mean the influence of women in the government. The manners of the nation allow them to visit, alone, all persons in office, to sollicit the affairs of the husband, family, or friends, and their sollicitations bid defiance to laws and regulations. This obstacle may seem less to those who, like our countrymen, are in the habit of considering Right, as a barrier against all sollicitation. Nor can such an one, without the evidence of his own eyes, believe the desperate state to which things are reduced in this country from the omnipotence of an influence which, fortunately for the happiness of the s.e.x itself, does not endeavor to extend itself in our country beyond the domestic line.

Your communications to the Count de Moustier, whatever they may have been, cannot have done injury to my endeavors here to open the W. Indies to us. On this head the ministers are invincibly mute, tho' I have often tried to draw them into the subject. I have therefore found it necessary to let it lie till war or other circ.u.mstance may force it on. Whenever they are in war with England, they must open the islands to us, and perhaps during that war they may see some price which might make them agree to keep them always open. In the meantime I have laid my shoulder to the opening the markets of this country to our produce, and rendering it's transportation a nursery for our seamen. A maritime force is the only one by which we can act on Europe. Our navigation law (if it be wise to have any) should be the reverse of that of England. Instead of confining importations to home-bottoms or those of the producing nations, I think we should confine exportations to home bottoms or to those of nations having treaties with us. Our exportations are heavy, and would nourish a great force of our own, or be a tempting price to the nation to whom we should offer a partic.i.p.ation of it in exchange for free access to all their possessions. This is an object to which our government alone is adequate in the gross, but I have ventured to pursue it, here, so far as the consumption of productions by this country extends. Thus in our arrangements relative to tobacco, none can be received here but in French or American bottoms. This is emploiment for nearly 2000 seamen, and puts nearly that number of British out of employ. By the Arret of Dec, 1787, it was provided that our whale oils should not be received here but in French or American bottoms, and by later regulations all oils but those of France and America are excluded. This will put 100 English whale vessels immediately out of employ, and 150. ere long; and call so many of French & American into service. We have had 6000 seamen formerly in this business, the whole of whom we have been likely to lose. The consumption of rice is growing fast in this country, and that of Carolina gaining ground on every other kind. I am of opinion the whole of the Carolina rice can be consumed here. It's transportation employs 2500 sailors, almost all of them English at present; the rice being deposited at Cowes & brought from thence here. It would be dangerous to confine this transportation to French & American bottoms the ensuing year, because they will be much engrossed by the transportation of wheat & flour hither, and the crop of rice might lie on hand for want of vessels; but I see no objections to the extensions of our principle to this article also, beginning with the year 1790. However, before there is a necessity of deciding on this I hope to be able to consult our new government in person, as I have asked of Congress a leave of absence for 6. months, that is to say from April to November next. It is necessary for me to pay a short visit to my native country, first to reconduct my family thither, and place them in the hands of their friends, & secondly to place my private affairs under certain arrangements. When I left my own house, expected to be absent but 5 months, & I have been led by events to an absence of 5 years. I shall hope therefore for the pleasure of personal conferences with your Excellency on the subject of this letter and others interesting to our country, of getting my own ideas set to rights by a communication of yours, and of taking again the tone of sentiment of my own country which we lose in some degree after a certain absence. You know doubtless of the death of the Marquise de Chastellux. The Marquis de La Fayette is out of favor with the court, but high in favor with the nation. I once feared for his personal liberty, but I hope he is on safe ground at present. On the subject of the whale fishery I inclose you some observations I drew up for the ministry here, in order to obtain a correction of their Arret of Sepr last, whereby they had involved our oils with the English in a general exclusion from their ports. They will accordingly correct this, so that our oils will partic.i.p.ate with theirs in the monopoly of their markets. There are several things incidentally introduced which do not seem pertinent to the general question. They were rendered necessary by particular circ.u.mstances the explanation of which would add to a letter already too long. I will trespa.s.s no further then than to a.s.sure you of the sentiments of sincere attachment and respect with which I have the honor to be your Excellency's most obedt. humble servant.

P.S. The observations inclosed, tho' printed, have been put into confidential hands only.

CONVENING THE ESTATES GENERAL.

To Richard Price Paris, January 8, 1789 1789010.

DEAR SIR, -- I was favored with your letter of October 26th, and far from finding any of its subjects uninteresting as you apprehend, they were to me, as everything which comes from you, pleasing and instructive. I concur with you strictly in your opinion of the comparative merits of atheism and demonism, and really see nothing but the latter in the being wors.h.i.+pped by many who think themselves Christians. Your opinions and writings will have effect in bringing others to reason on this subject. Our new Const.i.tution, of which you speak also, has succeeded beyond what I apprehended it would have done. I did not at first believe that eleven States out of thirteen would have consented to a plan consolidating them as much into one. A change in their dispositions, which had taken place since I left them, had rendered this consolidation necessary, that is to say, had called for a federal government which could walk upon its own legs, without leaning for support on the State legislatures. A sense of necessity, and a submission to it, is to me a new and consolatory proof that, whenever the people are well-informed, they can be trusted with their own government; that, whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights. You say you are not sufficiently informed about the nature and circ.u.mstances of the present struggle here. Having been on the spot from its first origin, and watched its movements as an uninterested spectator, with no other bias than a love of mankind, I will give you my ideas of it. Though celebrated writers of this and other countries had already sketched good principles on the subject of government, yet the American war seems first to have awakened the thinking part of this nation in general from the sleep of despotism in which they were sunk. The officers too who had been to America, were mostly young men, less shackled by habit and prejudice, and more ready to a.s.sent to the dictates of common sense and common right. They came back impressed with these. The press, notwithstanding its shackles, began to disseminate them; conversation, too, a.s.sumed new freedom; politics became the theme of all societies, male and female, and a very extensive and zealous party was formed, which may be called the Patriotic party, who, sensible of the abusive government under which they lived, longed for occasions of reforming it. This party comprehended all the honesty of the kingdom, sufficiently at its leisure to think; the men of letters, the easy bourgeois, the young n.o.bility, partly from reflection, partly from mode; for those sentiments became a matter of mode, and as such united most of the young women to the party. Happily for the nation, it happened that, at the same moment, the dissipations of the court had exhausted the money and credit of the State, and M. de Calonnes found himself obliged to appeal to the nation, and to develop to it the ruin of their finances. He had no idea of supplying the deficit by economies, he saw no means but new taxes. To tempt the nation to consent to these some douceurs were necessary. The Notables were called in 1787. The leading vices of the const.i.tution and administration were ably sketched out, good remedies proposed, and under the splendor of the propositions, a demand for more money was couched. The Notables concurred with the minister in the necessity of reformation, adroitly avoided the demand of money, got him displaced, and one of their leading men placed in his room. The archbishop of Thoulouse, by the aid of the hopes formed of him, was able to borrow some money, and he reformed considerably the expenses of the court. Notwithstanding the prejudices since formed against him, he appeared to me to pursue the reformation of the laws and const.i.tution as steadily as a man could do who had to drag the court after him, and even to conceal from them the consequences of the measures he was leading them into. In his time the criminal laws were reformed, provincial a.s.semblies and States established in most of the provinces, the States General promised, and a solemn acknowledgment made by the King that he could not impose a new tax without the consent of the nation. It is true he was continually goaded forward by the public clamors, excited by the writings and workings of the Patriots, who were able to keep up the public fermentation at the exact point which borders on resistance, without entering on it. They had taken into their alliance the Parliaments also, who were led, by very singular circ.u.mstances, to espouse, for the first time, the rights of the nation. They had from old causes had personal hostility against M. de Calonnes. They refused to register his laws or his taxes, and went so far as to acknowledge they had no power to do it. They persisted in this with his successor, who therefore exiled them. Seeing that the nation did not interest themselves much for their recall, they began to fear that the new judicatures proposed in their place would be established and that their own suppression would be perpetual. In short, they found their own strength insufficient to oppose that of the King. They therefore insisted that the States General should be called. Here they became united with and supported by the Patriots, and their joint influence was sufficient to produce the promise of that a.s.sembly. I always suspected that the archbishops had no objections to this force under which they laid him. But the Patriots and Parliament insisted it was their efforts which extorted the promise against his will. The re-establishment of the Parliament was the effect of the same coalition between the Patriots and Parliament; but, once re-established, the latter began to see danger in that very power, the States General, which they had called for in a moment of despair, but which they now foresaw might very possibly abridge their powers. They began to prepare grounds for questioning their legality, as a rod over the head of the States, and as a refuge if they should really extend their reformations to them. Mr. Neckar came in at this period and very dexterously disembarra.s.sed the administration of these disputes by calling the notables to advise the form of calling and const.i.tuting the States. The court was well disposed towards the people, not from principles of justice or love to them; but they want money. No more can be had from the people. They are squeezed to the last drop. The clergy and n.o.bles, by their privileges and influence, have kept their property in a great measure untaxed hitherto. They then remain to be squeezed, and no agent is powerful enough for this but the people. The court therefore must ally itself with the people. But the Notables, consisting mostly of privileged characters, had proposed a method of composing the States, which would have rendered the voice of the people, or Tiers Etats, in the States General, inefficient for the purpose of the court. It concurred then with the Patriots in intriguing with the Parliament to get them to pa.s.s a vote in favor of the rights of the people. This vote, balancing that of the Notables, has placed the court at liberty to follow its own views, and they have determined that the Tiers Etat shall have in the States General as many votes as the clergy and n.o.bles put together. Still a great question remains to be decided, that is, shall the States General vote by orders, or by persons? precedents are both ways. The clergy will move heaven and earth to obtain the suffrage by orders, because that parries the effect of all hitherto done for the people. The people will probably send their deputies expressly instructed to consent to no tax, to no adoption of the public debts, unless the unprivileged part of the nation has a voice equal to that of the privileged; that is to say, unless the voice of the Tiers Etat be equalled to that of the clergy and n.o.bles. They will have the young n.o.blesse in general on their side, and the King and court. Against them will be the ancient n.o.bles and the clergy. So that I hope, upon the whole, that by the time they meet, there will be a majority of the n.o.bles themselves in favor of the Tiers Etat. So far history. We are now to come to prophecy; for you will ask, to what will all this lead? I answer, if the States General do not stumble at the threshold on the question before stated, and which must be decided before they can proceed to business, then they will in their first session easily obtain, 1. Their future periodical convocation of the States. 2. Their exclusive right to raise and appropriate money which includes that of establis.h.i.+ng a civil list. 3. A partic.i.p.ation in legislation; probably at first, it will only be a transfer to them of the portion of it now exercised by parliament, that is to say, a right to propose amendments and a negative. But it must infallibly end in a right of origination. 4. Perhaps they may make a declaration of rights. It will be attempted at least. Two other objects will be attempted, viz., a habeas corpus law and a free press. But probably they may not obtain these in the first session, or with modifications only, and the nation must be left to ripen itself more for their unlimited adoption. Upon the whole, it has appeared to me that the basis of the present struggle is an illumination of the public mind as to the rights of the nation, aided by fortunate incidents; that they can never retrograde, but from the natural progress of things, must press forward to the establishment of a const.i.tution which shall a.s.sure to them a good degree of liberty. They flatter themselves they shall form a better const.i.tution than the English. I think it will be better in some points -- worse in others. It will be better in the article of representation, which will be more equal. It will be worse, as their situation obliges them to keep up the dangerous machine of a standing army. I doubt, too, whether they will obtain the trial by jury, because they are not sensible of its value.

I am sure I have by this time heartily tired you with this long epistle, and that you will be glad to see it brought to an end, with a.s.surances of the sentiments of esteem and respect with which I have the honor to be, dear Sir, your most obedient, and most humble servant.

BACON, LOCKE, AND NEWTON.

To John Trumbull Paris, Feb. 15, 1789 1789021.

DEAR SIR, -- I have duly received your favor of the 5^th. inst. With respect to the busts & pictures I will put off till my return from America all of them except Bacon, Locke and Newton, whose pictures I will trouble you to have copied for me: and as I consider them as the three greatest men that have ever lived, without any exception, and as having laid the foundation of those superstructures which have been raised in the Physical & Moral sciences, I would wish to form them into a knot on the same canvas, that they may not be confounded at all with the herd of other great men. To do this I suppose we need only desire the copyist to draw the three busts in three ovals all contained in a larger oval in some such form as this each bust to be the size of life.

(Ill.u.s.tration omitted) The large oval would I suppose be about between four & five feet. Perhaps you can suggest a better way of accomplis.h.i.+ng my idea. In your hands be it, as well as the subaltern expences you mention. I trouble you with a letter to Mrs. Church. We have no important news here but of the revolution of Geneva which is not yet sufficiently explained. But they have certainly reformed their government. I am with great respect D^r. Sir Your affectionate friend & humble serv^t.

"NEITHER FEDERALIST NOR ANTIFEDERALIST".

To Francis Hopkinson Paris, Mar. 13, 1789 1789031.

DEAR SIR, -- Since my last, which was of Dec. 21. yours of Dec. 9. & 21. are received. Accept my thanks for the papers and pamphlets which accompanied them, and mine & my daughter's for the book of songs. I will not tell you how much they have pleased us, nor how well the last of them merits praise for it's pathos, but relate a fact only, which is that while my elder daughter was playing it on the harpsichord, I happened to look towards the fire & saw the younger one all in tears. I asked her if she was sick? She said 'no; but the tune was so mournful.' -- The Editor of the Encyclopedie has published something as to an advanced price on his future volumes, which I understand alarms the subscribers. It was in a paper which I do not take & therefore I have not yet seen it, nor can say what it is. -- hope that by this time you have ceased to make wry faces about your vinegar, and that you have received it safe & good. You say that I have been dished up to you as an antifederalist, and ask me if it be just. My opinion was never worthy enough of notice to merit citing; but since you ask it I will tell it you. I am not a Federalist, because I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. Such an addiction is the last degradation of a free and moral agent. If I could not go to heaven but with a party, I would not go there at all. Therefore I protest to you I am not of the party of federalists. But I am much farther from that of the Antifederalists. approved, from the first moment, of the great ma.s.s of what is in the new const.i.tution, the consolidation of the government, the organization into Executive legislative & judiciary, the subdivision of the legislative, the happy compromise of interests between the great & little states by the different manner of voting in the different houses, the voting by persons instead of states, the qualified negative on laws given to the Executive which however I should have liked better if a.s.sociated with the judiciary also as in New York, and the power of taxation. thought at first that the latter might have been limited. A little reflection soon convinced me it ought not to be. What disapproved from the first moment also was the want of a bill of rights to guard liberty against the legislative as well as executive branches of the government, that is to say to secure freedom in religion, freedom of the press, freedom from monopolies, freedom from unlawful imprisonment, freedom from a permanent military, and a trial by jury in all cases determinable by the laws of the land. I disapproved also the perpetual reeligibility of the President. To these points of disapprobation I adhere. My first wish was that the 9. first conventions might accept the const.i.tution, as the means of securing to us the great ma.s.s of good it contained, and that the 4. last might reject it, as the means of obtaining amendments. But I was corrected in this wish the moment I saw the much better plan of Ma.s.sachusetts and which had never occurred to me. With respect to the declaration of rights I suppose the majority of the United states are of my opinion: for I apprehend all the antifederalists, and a very respectable proportion of the federalists think that such a declaration should now be annexed. The enlightened part of Europe have given us the greatest credit for inventing this instrument of security for the rights of the people, and have been not a little surprised to see us so soon give it up. With respect to the re-eligibility of the president, I find myself differing from the majority of my countrymen, for I think there are but three states out of the 11. which have desired an alteration of this. And indeed, since the thing is established, I would wish it not to be altered during the life of our great leader, whose executive talents are superior to those I believe of any man in the world, and who alone by the authority of his name and the confidence reposed in his perfect integrity, is fully qualified to put the new government so under way as to secure it against the efforts of opposition. But having derived from our error all the good there was in it I hope we shall correct it the moment we can no longer have the same name at the helm. These, my dear friend, are my sentiments, by which you will see I was right in saying I am neither federalist nor antifederalist; that I am of neither party, nor yet a trimmer between parties. These my opinions wrote within a few hours after I had read the const.i.tution, to one or two friends in America. I had not then read one single word printed on the subject. I never had an opinion in politics or religion which I was afraid to own. A costive reserve on these subjects might have procured me more esteem from some people, but less from myself. My great wish is to go on in a strict but silent performance of my duty; to avoid attracting notice & to keep my name out of newspapers, because I find the pain of a little censure, even when it is unfounded, is more acute than the pleasure of much praise. The attaching circ.u.mstance of my present office is that I can do it's duties unseen by those for whom they are done. -- You did not think, by so short a phrase in your letter, to have drawn on yourself such an egotistical dissertation.

A BILL OF RIGHTS.

To James Madison Paris, Mar 15, 1789 1789031.

DEAR SIR, -- I wrote you last on the 12th of Jan. since which I have received yours of Octob 17, Dec 8 & 12. That of Oct. 17. came to hand only Feb 23. How it happened to be four months on the way, I cannot tell, as I never knew by what hand it came. Looking over my letter of Jan 12th, I remark an error of the word "probable" instead of "improbable," which doubtless however you had been able to correct. Your thoughts on the subject of the Declaration of rights in the letter of Oct 17. I have weighed with great satisfaction. Some of them had not occurred to me before, but were acknoleged just in the moment they were presented to my mind. In the arguments in favor of a declaration of rights, you omit one which has great weight with me, the legal check which it puts into the hands of the judiciary. This is a body, which if rendered independent & kept strictly to their own department merits great confidence for their learning & integrity. In fact what degree of confidence would be too much for a body composed of such men as Wythe, Blair & Pendleton? On characters like these the "civium ardor prava jubentium" would make no impression. I am happy to find that on the whole you are a friend to this amendment. The Declaration of rights is like all other human blessings alloyed with some inconveniences, and not accomplis.h.i.+ng fully it's object. But the good in this instance vastly overweighs the evil. I cannot refrain from making short answers to the objections which your letter states to have been raised. 1. That the rights in question are reserved by the manner in which the federal powers are granted. Answer. A const.i.tutive act may certainly be so formed as to need no declaration of rights. The act itself has the force of a declaration as far as it goes; and if it goes to all material points nothing more is wanting. In the draught of a const.i.tution which I had once a thought of proposing in Virginia, & printed afterwards, I endeavored to reach all the great objects of public liberty, and did not mean to add a declaration of rights. Probably the object was imperfectly executed; but the deficiencies would have been supplied by others, in the course of discussion. But in a const.i.tutive act which leaves some precious articles unnoticed, and raises implications against others, a declaration of rights becomes necessary by way of supplement. This is the case of our new federal const.i.tution. This instrument forms us into one state as to certain objects, and gives us a legislative & executive body for these objects. It should therefore guard us against their abuses of power within the field submitted to them. 2. A positive declaration of some essential rights could not be obtained in the requisite lat.i.tude. Answer. Half a loaf is better than no bread. If we cannot secure all our