Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson Volume III Part 56

THOMAS JEFFERSON TO JAMES MADISON.

Monticello, August 3, 1797.

I scribbled you a line on the 24th ultimo: it missed of the post, and so went by a private hand. I perceive from yours by Mr. Bringhurst, that you had not received it. In fact, it was only an earnest exhortation to come here with Monroe, which I still hope you will do. In the mean time, I enclose you a letter from him, and wish your opinion on its princ.i.p.al subject. The variety of other topics the day I was with you, kept out of sight the letter to Mazzei imputed to me in the papers, the general substance of which is mine, though the diction has been considerably altered and varied in the course of its translations from English into Italian, from Italian into French, and from French into English. I first met with it at Bladensburg, and for a moment conceived I must take the field of the public papers. I could not disavow it wholly, because the greatest part was mine in substance, though not in form. I could not avow it as it stood, because the form was not mine, and, in one place, the substance very materially falsified. This, then, would render explanations necessary; nay, it would render proofs of the whole necessary, and draw me at length into a publication of all (even the secret) transactions of the administration, while I was of it: and embroil me personally with every member of the executive, with the judiciary, and with others still. I soon decided in my own mind, to be entirely silent. I consulted with several friends at Philadelphia, who, every one of them, were clearly against my avowing or disavowing, and some of them conjured me most earnestly to let nothing provoke me to it.

I corrected in conversation with them, a substantial misrepresentation in the copy published. The original has a sentiment like this (for I have it not before me), 'They are endeavoring to submit us to the substance, as they already have to the forms of the British government;'

meaning by forms, the birth-days, levees, processions to parliament, inauguration pomposities, fee. But the copy published says, 'as they have already submitted us to the form of the British,' &c.; making me express hostility to the form of our government, that is to say, to the const.i.tution itself. For this is really the difference of the word form, used in the singular or plural, in that phrase, in the English language.

Now it would be impossible for me to explain this publicly, without bringing on a personal difference between General Was.h.i.+ngton and myself, which nothing before the publication of this letter has ever done. It would embroil me also with all those with whom his character is still popular, that is to say, nine tenths of the people of the United States; and what good would be obtained by avowing the letter with the necessary explanations? Very little indeed, in my opinion, to counterbalance a good deal of harm. From my silence in this instance, it cannot be inferred that I am afraid to own the general sentiments of the letter.

If I am subject to either imputation, it is to that of avowing such sentiments too frankly both in private and public, often when there is no necessity for it, merely because I disdain every thing like duplicity. Still, however, I am open to conviction. Think for me on the occasion, and advise me what to do, and confer with Colonel Monroe on the subject.

Let me entreat you again to come with him; there are other important things to consult on. One will be his affair. Another is the subject of the pet.i.tion now enclosed to you, to be proposed to our district, on the late presentment of our representative by the grand jury: the idea it brings forward is still confined to my own breast. It has never been mentioned to any mortal, because I first wish your opinion on the expediency of the measure. If you approve it, I shall propose to ------ or some other, to father it, and to present it to the counties at their general muster. This will be in time for our a.s.sembly. The presentment going in the public papers just at the moment when Congress was together, produced a great effect both on its friends and foes in that body, very much to the disheartening and mortification of the latter.

I wish this pet.i.tion, if approved, to arrive there under the same circ.u.mstances, to produce the counter effect so wanting for their gratification. I could have wished to receive it from you again at our court on Monday, because ------ and ------ will be there, and might also be consulted, and commence measures for putting it into motion. If you can return it then, with your opinion, it will be of importance. Present me affectionately to Mrs. Madison, and convey to her my entreaties to interpose her good offices and persuasives with you to bring her here, and before we uncover our house, which will yet be some weeks.

Salutations and adieu.

LETTER CCXVII.--TO COLONEL ARTHUR CAMPBELL, September 1, 1797

TO COLONEL ARTHUR CAMPBELL.

Monticello, September 1, 1797.

Dear Sir,

I have to acknowledge the receipt of your favor of July the 4th, and to recognise in it the sentiments you have ever held, and worthy of the day on which it is dated. It is true that a party has risen up among us, or rather has come among us, which is endeavoring to separate us from all friendly connection with France, to unite our destinies with those of Great Britian, and to a.s.similate our government to theirs. Our lenity in permitting the return of the old tories, gave the first body to this party; they have been increased by large importations of British merchants and factors, by American merchants dealing on British capital, and by stock-dealers and banking-companies, who, by the aid of a paper system are enriching themselves to the ruin of our country, and swaying the government by their possession of the printing-presses, which their wealth commands, and by other means, not always honorable to the character of our countrymen. Hitherto, their influence and their system have been irresistible, and they have raised up an executive power which is too strong for the legislature. But I flatter myself they have pa.s.sed their zenith. The people, while these things were doing, were lulled into rest and security from a cause which no longer exists. No prepossessions now will shut their ears to truth. They begin to see to what port their leaders were steering during their slumbers, and there is yet time to haul in, if we can avoid a war with France. All can be done peaceably, by the people confining their choice of Representatives and Senators to persons attached to republican government and the principles of 1776, not office-hunters, but farmers, whose interests are entirely agricultural. Such men are the true representatives of the great American interest, and are alone to be relied on for expressing the proper American sentiments. We owe grat.i.tude to France, justice to England, good-will to all, and subservience to none. All this must be brought about by the people, using their elective rights with prudence and self-possession, and not suffering themselves to be duped by treacherous emissaries. It was by the sober sense of our citizens that we were safely and steadily conducted from monarchy to republicanism, and it is by the same agency alone we can be kept from falling back. I am happy in this occasion of reviving the memory of old things, and of a.s.suring you of the continuance of the esteem and respect of, Dear Sir, your friend and servant,

Th: Jefferson.

LETTER CCXVIII.--TO JAMES MONROE, September 7, 1797

THOMAS JEFFERSON TO JAMES MONROE.

Monticello, September 7, 1797.

The doubt which you suggest as to our jurisdiction over the case of the Grand Jury vs. Cabell had occurred to me, and naturally occurs on first view of the question. But I knew, that to send the pet.i.tion to the House of Representatives in Congress, would make bad worse; that a majority of that House would pa.s.s a vote of approbation. On examination of the question, too, it appeared to me that we could maintain the authority of our own government over it.

A right of free correspondence between citizen and citizen, on their joint interests, whether public or private, and under whatsoever laws these interests arise (to wit, of the State, of Congress, of France, Spain, or Turkey), is a natural right: it is not the gift of any munic.i.p.al law, either of England, of Virginia, or of Congress: but in common with all our other natural rights, it is one of the objects for the protection of which society is formed, and munic.i.p.al laws established.

The courts of this commonwealth (and among them the General Court, as a court of impeachment) are originally competent to the cognizance of all infractions of the rights of one citizen by another citizen: and they still retain all their judiciary cognizances not expressly alienated by the federal const.i.tution.

The federal const.i.tution alienates from them all cases arising, 1st, under the const.i.tution; 2ndly, under the laws of Congress; 3rdly, under treaties, &c. But this right of free correspondence, whether with a public representative in General a.s.sembly, in Congress, in France, in Spain, or with a private one charged with pecuniary trust, or with a private friend, the object of our esteem, or any other, has not been given to us under, 1st, the federal const.i.tution; 2ndly, any law of Congress; or 3rdly, any treaty; but, as before observed, by nature.

It is therefore not alienated, but remains under the protection of our courts.

Were the question even doubtful, that is no reason for abandoning it.

The system of the General Government is to seize all doubtful ground. We must join in the scramble, or get nothing. Where first occupancy is to give right, he who lies still loses all. Besides, it is not right for those who are only to act in a preliminary form, to let their own doubts preclude the judgment of the court of ultimate decision. We ought to let it go to the House of Delegates for their consideration, and they, unless the contrary be palpable, ought to let it go to the General Court, who are ultimately to decide on it.

It is of immense consequence that the States retain as complete authority as possible over their own citizens. The withdrawing themselves under the shelter of a foreign jurisdiction, is so subversive of order and so pregnant of abuse, that it may not be amiss to consider how far a law of _praemunire_ should be revised and modified, against all citizens who attempt to carry their causes before any other than the State courts, in cases where those other courts have no right to their cognizance. A plea to the jurisdiction of the courts of their State, or a reclamation of a foreign jurisdiction, if adjudged valid, would be safe; but if adjudged invalid, would be followed by the punishment of _praemunire_ for the attempt.

Think further of the preceding part of this letter, and we will have further conference on it. Adieu.

P. S. Observe, that it is not the breach of Mr. Cabell's privilege which we mean to punish: that might lie with Congress. It is the wrong done to the citizens of our district. Congress have no authority to punish that wrong. They can only take cognizance of it in vindication of their member.

LETTER CCXIX.--TO JAMES MADISON, January 3, 1798

TO JAMES MADISON.

Philadelphia, January 3, 1798

Dear Sir,

Your favor of the 25th came to hand yesterday. I shall observe your direction with respect to the post-day. I have spoken with the Deputy Postmaster-General on the subject of our Fredericksburg post. He never knew before that the Fredericksburg printer had taken the contract of the rider. He will be glad, if either in your neighborhood or ours, some good person will undertake to ride from April next. The price given this year is three hundred and thirty dollars, and it will go to the lowest bidder, who can be depended on. I understand (though not from him) that Wyatt will be changed; and in general they determine that printers shall not be postmasters or riders.

Our weather has been, here as with you, cold and dry. The thermometer has been at eight degrees. The river closed here the first week of December, which has caught a vast number of vessels destined for departure. It deadens also the demand for wheat. The price at New York is one dollar seventy-five cents, and of flour eight dollars fifty cents to nine dollars; tobacco eleven to twelve dollars; there need be no doubt of greater prices. The bankruptcies here continue: the prison is full of the most reputable merchants, and it is understood that the scene has not yet got to its height. Prices have fallen greatly. The market is cheaper than it has been for four years. Labor and house-rent much reduced. Dry goods somewhat. It is expected that they will fall till they get nearly to old prices. Money scarce beyond all example.

The Representatives have rejected the President's proposition for enabling him to prorogue them. A law has pa.s.sed putting off the stamp-act till July next. The land-tax will not be brought on. The Secretary of the Treasury says he has money enough. No doubt these two measures may be taken up more boldly at the next session, when most of the elections will be over. It is imagined the stamp-act will be extended or attempted on every possible object. A bill has pa.s.sed the Representatives to suspend for three years the law arresting the currency of foreign coins. The Senate propose an amendment, continuing the currency of the foreign gold only. Very possibly the bill may be lost. The object of opposing the bill is to make the French crowns a subject of speculation (for it seems they fell on the President's proclamation to a dollar in most of the States), and to force bank-paper (for want of other medium) through all the States generally. Tench c.o.xe is displaced, and no reason even spoken of. It is therefore understood to be for his activity during the late election. It is said that the people from hence, quite to the eastern extremity, are beginning to be sensible, that their government has been playing a foul game. In Vermont, Chipman was elected Senator by a majority of one, against the republican candidate. In Maryland, Loyd by a majority of one, against Winder, the republican candidate. Tichenor chosen Governor of Vermont by a very small majority. The House of Representatives of this State has become republican by a firm majority of six. Two counties, it is said, have come over generally to the republican side. It is thought the republicans have also a majority in the New York House of Representatives. Hard elections are expected there between Jay and Livingston, and here between Ross and M'Kean. In the House of Representatives of Congress, the republican interest has at present, on strong questions, a majority of about half a dozen, as is conjectured, and there are as many of their firmest men absent; not one of the anti-republicans is from his post. The bill for permitting private vessels to arm, was put off to the first Monday in February by a sudden vote, and a majority of five. It was considered as an index of their dispositions on that subject, though some voted both ways on other ground. It is most evident that the anti-republicans wish to get rid of Blount's impeachment. Many metaphysical niceties are handing about in conversation, to show that it cannot be sustained. To show the contrary, it is evident, must be the task of the republicans, or of n.o.body.

Monroe's book is considered as masterly by all those who are not opposed in principle, and it is deemed unanswerable. An answer, however, is commenced in Fenno's paper of yesterday, under the signature of Scipio.

The real author not yet conjectured. As I take these papers merely to preserve them, I will forward them to you, as you can easily return them to me on my arrival at home; for I shall not see you on my way, as I mean to go by the Eastern Sh.o.r.e and Petersburg. Perhaps the paragraphs in some of these abominable papers may draw from you now and then a squib. A pamphlet of Fauchet's appeared yesterday. I send you a copy under another cover. A hand-bill has just arrived here from New York, where they learn from a vessel which left Havre about the 9th of November, that the Emperor had signed the definitive articles, given up Mantua, evacuated Mentz, agreed to give pa.s.sage to the French troops to Hanover, and that the Portuguese amba.s.sador had been ordered to quit Paris, on account of the seizure of fort St. Julian's by the, English, supposed with the connivance of Portugal. Though this is ordinary mercantile news, it looks like truth. The latest official intelligence from Paris, is from Talleyrand to the French Consul here (Las...o...b..), dated September the 28th, saying that our Envoys were arrived, and would find every disposition on the part of his government to accommodate with us.

My affectionate respects to Mrs. Madison; to yourself, health and friends.h.i.+p. Adieu.

Th: Jefferson.

LETTER CCXX.--TO JAMES MADISON, January 25, 1798

TO JAMES MADISON.

Philadelphia, January 25, 1798.

Dear Sir,

I wrote you last on the 2nd instant, on which day I received yours of December the 25th. I have not resumed my pen, because there has really been nothing worth writing about, but what you would see in the newspapers. There is, as yet, no certainty what will be the aspect of our affairs with France. Either the Envoys have not written to the government, or their communications are hushed up. This last is suspected, because so many arrivals have happened from Bordeaux and Havre. The letters from American correspondents in France have been always to Boston: and the experience we had last summer of their adroitness in counterfeiting this kind of intelligence, inspires doubts as to their late paragraphs. A letter is certainly received here by an individual, from Talleyrand, which says our Envoys have been heard, that their pretensions are high, that possibly no arrangement may take place, but that there will be no declaration of war by France. It is said that Bournonville has written that he has hopes of an accommodation (three audiences having then, November, been had), and to be himself a member of a new diplomatic mission to this country. On the whole, I am entirely suspended as to what is to be expected. The Representatives have been several days in debate on the bill for foreign intercourse. A motion has been made to reduce it to what it was before the extension of 1796. The debate will probably have good effects, in several ways, on the public mind, but the advocates for the reformation expect to lose the question.

They find themselves deceived in the expectation entertained in the beginning of the session, that they had a majority. They now think the majority is on the other side by two or three, and there are moreover two or three of them absent. Blount's affair is to come on next. In the mean time, the Senate have before them a bill for regulating proceedings in impeachment. This will be made the occasion of offering a clause for the introduction of juries into these trials. (Compare the paragraph in the const.i.tution which says, that all crimes, except in cases of impeachment, shall be by jury, with the eighth amendment, which says, that in all criminal prosecutions, the trial shall be by jury.) There is no expectation of carrying this; because the division in the Senate is of two to one, but it will draw forth the principles of the parties, and concur in acc.u.mulating proofs on which side all the sound principles are to be found.

Very acrimonious altercations are going on between the Spanish Minister and the executive, and at the Natchez something worse than mere altercation. If hostilities have not begun there, it has not been for want of endeavors to bring them on, by our agents. Marshall, of Kentucky, this day proposed in Senate some amendments to the const.i.tution. They were barely read just as we were adjourning, and not a word of explanation given. As far as I caught them in my ear, they went only to modifications of the elections of President and Vice-President, by authorizing voters to add the office for which they name each, and giving to the Senate the decision of a disputed election of President, and to the Representatives that of Vice-President. But I am apprehensive I caught the thing imperfectly, and probably incorrectly. Perhaps this occasion may be taken of proposing again the Virginia amendments, as also to condemn elections by the legislatures, themselves to transfer the power of trying impeachments from the Senate to some better const.i.tuted court, &c. &c.