Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson Volume II Part 58

Th: Jefferson.

LETTER CCXV.--TO THE MARQUIS DE LA FAYETTE, July 10, 1789

TO THE MARQUIS DE LA FAYETTE.

Paris, July 10, 1789.

Dear Sir,

The acknowledgment by Monsieur de Mirabeau to the National a.s.sembly, that he had been in an error as to the offer he supposed me to have made, and the reading to them my letter, seem to be all that was requisite for any just purpose. As I was unwilling my name should be used to injure the minister, I am also unwilling it should be used to injure Monsieur de Mirabeau. I learn that his enemies in Paris are framing scandalous versions of my letter. I think, therefore, with you, it may be better to print it, and I send you a copy of it. I gave copies of it to Monsieur de Montmorin and Monsieur Necker, as was my duty.

I am, with sincere affection, my Dear Sir, your friend and servant,

Th: Jefferson.

LETTER CCXVI.--TO THOMAS PAINE, July 11, 1789

TO THOMAS PAINE.

Paris, July 11, 1789.

Dear Sir,

Since my last, which was of May the 19th, I have received yours of June the 17th and 18th. I am struck with the idea of the geometrical wheel-barrow, and will beg of you a farther account, if it can be obtained. I have no news yet of my _conge_.

Though you have doubtless heard most of the proceedings of the States General since my last, I will take up the narration where that left it, that you may be able to separate the true from the false accounts you have heard. A good part of what was conjecture in that letter, is now become true history.

The National a.s.sembly, then, (for that is the name they take,) having shown through every stage of these transactions a coolness, wisdom, and resolution to set fire to the four corners of the kingdom, and to perish with it themselves, rather than to relinquish an iota from their plan of a total change of government, are now in complete and undisputed possession of the sovereignty. The executive and aristocracy are at their feet; the ma.s.s of the nation, the ma.s.s of the clergy, and the army are with them: they have prostrated the old government, and are now beginning to build one from the foundation. A committee, charged with the arrangement of their business, gave in, two days ago, the following order of proceedings.

'1. Every government should have for its only end, the preservation of the rights of man: whence it follows, that to recall constantly the government to the end proposed, the const.i.tution should begin by a declaration of the natural and imprescriptible rights of man.

'2. Monarchical government being proper to maintain those rights, it has been chosen by the French nation. It suits especially a great society; it is necessary for the happiness of France. The declaration of the principles of this government, then, should follow immediately the declaration of the rights of man.

'3. It results from the principles of monarchy, that the nation, to a.s.sure its own rights, has yielded particular rights to the monarch: the const.i.tution, then, should declare, in a precise manner, the rights of both. It should begin by declaring the rights of the French nation, and then should declare the rights of the King.

'4. The rights of the King and nation not existing but for the happiness of the individuals who compose it, they lead to an examination of the rights of citizens.

'5. The French nation not being capable of a.s.sembling individually to exercise all its rights, it ought to be represented. It is necessary, then, to declare the form of its representation and the rights of its representatives.

'6. From the union of the powers of the nation and King, should result the enacting and execution of the laws: thus, then, it should first be determined how the laws shall be established; afterwards should be considered, how they shall be executed.

'7. Laws have for their object the general administration of the kingdom, the property, and the actions of the citizens. The execution of the laws which concern the general administration, requires Provincial and Munic.i.p.al a.s.semblies. It is necessary to examine, therefore, what should be the organization of the Provincial a.s.semblies, and what of the Munic.i.p.al.

'8. The execution of the laws, which concern the property and actions of the citizens, calls for a judiciary power. It should be determined how that should be confided, and then its duties and limits.

'9. For the execution of the laws and the defence of the kingdom, there exists a public force. It is necessary, then, to determine the principles which should direct it, and how it should be employed.

'Recapitulation.

'Declaration of the rights of man. Principles of the monarchy. Rights of the nation. Rights of the King. Rights of the citizens.

'Organization and rights of the National a.s.sembly. Forms necessary for the enaction of laws. Organization and functions of the Provincial and Munic.i.p.al a.s.semblies. Duties and limits of the judiciary power.

Functions and duties of the military power.'

You see that these are the materials of a superb edifice, and the hands which have prepared them are perfectly capable of putting them together, and of filling up the work, of which these are only the outlines. While there are some men among them of very superior abilities, the ma.s.s possess such a degree of good sense, as enables them to decide well. I have always been afraid their numbers might lead to confusion. Twelve hundred men in one room are too many. I have still that fear. Another apprehension is, that a majority cannot be induced to adopt the trial by jury, and I consider that as the only anchor ever yet imagined by man, by which a government can be held to the principles of its const.i.tution.

Mr. Paradise is the bearer of this letter. He can supply those details which it would be so tedious to write.

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

Th: Jefferson.