Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson Volume IV Part 23

Monticello, June 17,1812.

Dear Sir,

On the other subject of your letter, the application of the common law to our present situation, I deride with you the ordinary doctrine, that we brought with us from England the common law rights. This narrow notion was a favorite in the first moment of rallying to our rights against Great Britain. But it was that of men who felt their rights before they had thought of their explanation. The truth is, that we brought with us the rights of men; of expatriated men. On our arrival here, the question would at once arise, by what law will we govern ourselves? The resolution seems to have been, by that system with which we are familiar, to be altered by ourselves occasionally, and adapted to our new situation. The proofs of this resolution are to be found in the form of the oaths of the judges, 1 Hening's Stat. 169, 187; of the Governor, ib. 504; in the act for a provisional government, ib. 372; in the preamble to the laws of 1661-2; the uniform current of opinions and decisions; and in the general recognition of all our statutes framed on that basis. But the state of the English law at the date of our emigration, const.i.tuted the system adopted here. We may doubt, therefore, the propriety of quoting in our courts English authorities subsequent to that adoption; still more, the admission of authorities posterior to the Declaration of Independence, or rather to the accession of that King, whose reign, _ab initio_, was that very tissue of wrongs which rendered the Declaration at length necessary. The reason for it had inception at least as far back as the commencement of his reign.

This relation to the beginning of his reign, would add the advantage of getting us rid of all Mansfield's innovations, or civilizations of the common law. For however I admit the superiority of the civil, over the common law code, as a system of perfect justice, yet an incorporation of the two would be like Nebuchadnezzar's image of metals and clay, a thing without cohesion of parts. The only natural improvement of the common law, is through its h.o.m.ogeneous ally, the chancery, in which new principles are to be examined, concocted, and digested. But when, by repeated decisions and modifications, they are rendered pure and certain, they should be transferred by statute to the courts of common law, and placed within the pale of juries. The exclusion from the courts of the malign influence of all authorities after the _Georgium sidus_ became ascendant, would uncanonize Blackstone, whose book, although the most elegant and best digested of our law catalogue, has been perverted more than all others to the degeneracy of legal science. A student finds there a smattering of every thing, and his indolence easily persuades him, that if he understands that book, he is master of the whole body of the law. The distinction between these and those who have drawn their stores from the deep and rich mines of c.o.ke's Littleton, seems well understood even by the unlettered common people, who apply the appellation of Blackstone-lawyers to these ephemeral insects of the law.

Whether we should undertake to reduce the common law, our own, and so much of the English statutes as we have adopted, to a text, is a question of transcendant difficulty. It was discussed at the first meeting of the committee of the revised code, in 1776, and decided in the negative, by the opinions of Wythe, Mason, and myself, against Pendleton and Thomas Lee. Pendleton proposed to take Blackstone for that text, only purging him of what was inapplicable, or unsuitable to us. In that case, the meaning of every word of Blackstone would have become a source of litigation, until it had been settled by repeated legal decisions. And to come at that meaning, we should have had produced, on all occasions, that very pile of authorities from which it would be said he drew his conclusion, and which, of course, would explain it, and the terms in which it is couched. Thus we should have retained the same chaos of law-lore from which we wished to be emanc.i.p.ated, added to the evils of the uncertainty which a new text and new phrases would have generated. An example of this may be found in the old statutes, and commentaries on them, in c.o.ke's second inst.i.tute; but more remarkably, in the inst.i.tute of Justinian, and the vast ma.s.ses, explanatory or supplementary of that, which fill the libraries of the civilians. We were deterred from the attempt by these considerations, added to which, the bustle of the times did not permit leisure for such an undertaking.

Your request of my opinion on this subject has given you the trouble of these observations. If your firmer mind in encountering difficulties, would have added your vote to the minority of the committee, you would have had on your side one of the greatest men of our age, and, like him, have detracted nothing from the sentiments of esteem and respect which I bore to him, and tender with sincerity the a.s.surance of to yourself.

Th: Jefferson.

LETTER CV.--TO COLONEL WILLIAM DUANE, October 1, 1812

TO COLONEL WILLIAM DUANE.

Monticello, October 1, 1812.

Dear Sir,

Your favor of September the 20th has been duly received, and I cannot but be gratified by the a.s.surance it expresses, that my aid in the councils of our government would increase the public confidence in them; because it admits an inference that they have approved of the course pursued, when I heretofore bore a part in those councils. I profess, too, so much of the Roman principle, as to deem it honorable for the general of yesterday to act as a corporal to-day, if his services can be useful to his country; holding that to be false pride, which postpones the public good to any private or personal considerations. But I am past service. The hand of age is upon me. The decay of bodily faculties apprizes me that those of the mind cannot be unimpaired, had I not still better proofs. Every year counts by increased debility, and departing faculties keep the score. The last year it was the sight, this it is the hearing, the next something else will be going, until all is gone.

Of all this I was sensible before I left Was.h.i.+ngton, and probably my fellow-laborers saw it before I did. The decay of memory was obvious: it is now become distressing. But the mind, too, is weakened. When I was young, mathematics was the pa.s.sion of my life. The same pa.s.sion has returned upon me, but with unequal powers. Processes which I then read off with the facility of common discourse, now cost me labor, and time, and slow investigation. When I offered this, therefore, as one of the reasons deciding my retirement from office, it was offered in sincerity and a consciousness of its truth. And I think it a great blessing that I retain understanding enough to be sensible how much of it I have lost, and to avoid exposing myself as a spectacle for the pity of my friends; that I have surmounted the difficult point of knowing when to retire. As a compensation for faculties departed, nature gives me good health, and a perfect resignation to the laws of decay which she has prescribed to all the forms and combinations of matter.

The detestable treason of Hull has, indeed, excited a deep anxiety in all b.r.e.a.s.t.s. The depression was in the first moment gloomy and portentous. But it has been succeeded by a revived animation, and a determination to meet the occurrence with increased efforts; and I have so much confidence in the vigorous minds and bodies of our countrymen, as to be fearless as to the final issue. The treachery of Hull, like that of Arnold, cannot be matter of blame on our government. His character, as an officer of skill and bravery, was established on the trials of the last war, and no previous act of his life had led to doubt his fidelity. Whether the Head of the war department is equal to his charge, I am not qualified to decide. I knew him only as a pleasant, gentlemanly man in society; and the indecision of his character rather added to the amenity of his conversation. But when translated from the colloquial circle to the great stage of national concerns, and the direction of the extensive operations of war, whether he has been able to seize at one glance the long line of defenceless border presented by our enemy, the ma.s.ses of strength which we hold on different points of it, the facility this gave us of attacking him, on the same day, on all his points, from the extremity of the lakes to the neighborhood of Quebec, and the perfect indifference with which this last place, impregnable as it is, might be left in the hands of the enemy to fall of itself; whether, I say, he could see and prepare vigorously for all this, or merely wrapped himself in the cloak of cold defence, I am uninformed. I clearly think with you on the competence of Monroe to embrace great views of action. The decision of his character, his enterprise, firmness, industry, and unceasing vigilance, would, I believe, secure, as I am sure they would merit, the public confidence, and give us all the success which our means can accomplish. If our operations have suffered or languished from any want of energy in the present head which directs them, I have so much confidence in the wisdom and conscientious integrity of Mr. Madison, as to be satisfied, that, however torturing to his feelings, he will fulfil his duty to the public and to his own reputation, by making the necessary change. Perhaps he may be preparing it while we are talking about it: for of all these things I am uninformed. I fear that Hull's surrender has been more than the mere loss of a year to us. Besides bringing on us the whole ma.s.s of savage nations, whom fear and not affection had kept in quiet, there is danger that in giving time to an enemy who can send reinforcements of regulars faster than we can raise them, they may strengthen Canada and Halifax beyond the a.s.sailment of our lax and divided powers. Perhaps, however, the patriotic efforts from Kentucky and Ohio, by recalling the British force to its upper posts, may yet give time to Dearborn to strike a blow below. Effectual possession of the river from Montreal to the Chaudiere, which is practicable, would give us the upper country at our leisure, and close for ever the scenes of the tomahawk and scalping-knife.

But these things are for others to plan and achieve. The only succor from the old, must lie in their prayers. These I offer up with sincere devotion; and in my concern for the great public, I do not overlook my friends, but supplicate for them, as I do for yourself, a long course of freedom, happiness, and prosperity.

Th: Jefferson.

LETTER CVI.--TO MR. MELISH, January 13, 1813

TO MR. MELISH.

Monticello, January 13, 1813.

Dear Sir,

I received duly your favor of December the 15th, and with it the copies of your map and travels, for which be pleased to accept my thanks. The book I have read with extreme satisfaction and information. As to the western States, particularly, it has greatly edified me; for of the actual condition of that interesting portion of our country, I had not an adequate idea. I feel myself now as familiar with it as with the condition of the maritime States. I had no conception that manufactures had made such progress there, and particularly of the number of carding and spinning machines dispersed through the whole country. We are but beginning here to have them in our private families. Small spinning-jennies of from half a dozen to twenty spindles, will soon, however, make their way into the humblest cottages, as well as the richest houses; and nothing is more certain, than that the coa.r.s.e and middling clothing for our families, will for ever hereafter continue to be made within ourselves. I have hitherto myself depended entirely on foreign manufactures: but I have now thirty-five spindles a going, a hand carding-machine, and looms with the flying shuttle, for the supply of my own farms, which will never be relinquished in my time. The continuance of the war will fix the habit generally, and out of the evils of impressment and of the orders of council, a great blessing for us will grow. I have not formerly been an advocate for great manufactories. I doubted whether our labor, employed in agriculture, and aided by the spontaneous energies of the earth, would not procure us more than we could make ourselves of other necessaries. But other considerations entering into the question, have settled my doubts.

The candor with which you have viewed the manners and condition of our citizens, is so unlike the narrow prejudices of the French and English travellers preceding you, who, considering each the manners and habits of their own people as the only orthodox, have viewed every thing differing from that test as boorish and barbarous, that your work will be read here extensively, and operate great good.

Amidst this ma.s.s of approbation which is given to every other part of the work, there is a single sentiment which I cannot help wis.h.i.+ng to bring to what I think the correct one; and, on a point so interesting, I value your opinion too highly not to ambition its concurrence with my own. Stating in volume first, page sixty-third, the principle of difference between the two great political parties here, you conclude it to be, 'whether the controlling power shall be vested in this or that set of men.' That each party endeavors to get into the administration of the government, and to exclude the other from power, is true, and may be stated as a motive of action: but this is only secondary; the primary motive being a real and radical difference of political principle. I sincerely wish our differences were but personally who should govern and that the principles of our const.i.tution were those of both parties.

Unfortunately, it is otherwise; and the question of preference between monarchy and republicanism, which has so long divided mankind elsewhere, threatens a permanent division here.

Among that section of our citizens called federalists, there are three shades of opinion. Distinguis.h.i.+ng between the leaders and people who compose it, the leaders consider the English const.i.tution as a model of perfection, some, with a correction of its vices, others, with all its corruptions and abuses. This last was Alexander Hamilton's opinion, which others, as well as myself, have often heard him declare, and that a correction of what are called its vices, would render the English an impracticable government.. This government they wished to have established here, and only accepted and held fast, at first, to the present const.i.tution, as a stepping-stone to the final establishment of their favorite model. This party has therefore always clung to England, as their prototype, and great auxiliary in promoting and effecting this change. A weighty minority, however, of these leaders, considering the voluntary conversion of our government into a monarchy as too distant, if not desperate, wish to break off from our Union its eastern fragment, as being, in truth, the hot-bed of American monarchism, with a view to a commencement of their favorite government, from whence the other States may gangrene by degrees, and the whole be thus brought finally to the desired point. For Ma.s.sachusetts, the prime mover in this enterprise, is the last State in the Union to mean a final separation, as being of all the most dependant on the others. Not raising bread for the sustenance her own inhabitants, not having a stick of timber for the construction of vessels, her princ.i.p.al occupation, nor an article to export in them, where would she be, excluded from the ports of the other States, and thrown into dependance on England, her direct and natural, but now insidious, rival? At the head of this minority is what is called the Ess.e.x Junto of Ma.s.sachusetts. But the majority of these leaders do not aim at separation. In this they adhere to the known principle of General Hamilton, never, under any views, to break the Union. Anglomany, monarchy, and separation, then, are the principles of the Ess.e.x federalists; Anglomany and monarchy, those of the Hamiltonians, and Anglomany alone, that of the portion among the people who call themselves federalists. These last are as good republicans as the brethren whom they oppose, and differ from them only in the devotion to England and hatred of France, which they have imbibed from their leaders. The moment that these leaders should avowedly propose a separation of the Union, or the establishment of regal government, their popular adherents would quit them to a man, and join the republican standard; and the partisans of this change, even in Ma.s.sachusetts, would thus find themselves an army of officers without a soldier.

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

They esteem the people of England and France equally, and equally detest the governing powers of both.

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

You expected to discover the difference of our party principles in General Was.h.i.+ngton's Valedictory, and my Inaugural Address. Not at all.

General Was.h.i.+ngton did not harbor one principle of federalism. He was neither an Angloman, a monarchist, nor a separatist. He sincerely wished the people to have as much self-government as they were competent to exercise themselves. The only point in which he and I ever differed in opinion, was, that I had more confidence than he had in the natural integrity and discretion of the people, and in the safety and extent to which they might trust themselves with a control over their government.

He has a.s.severated to me a thousand times his determination that the existing government should have a fair trial, and that in support of it he would spend the last drop of his blood. He did this the more repeatedly, because he knew General Hamilton's political bias, and my apprehensions from it. It is a mere calumny, therefore, in the monarchists, to a.s.sociate General Was.h.i.+ngton with their principles.

But that may have happened in this case which has been often seen in ordinary cases, that, by often repeating an untruth, men come to believe it themselves. It is a mere artifice in this party, to bolster themselves up on the revered name of that first of our worthies. If I have dwelt longer on this subject than was necessary, it proves the estimation in which I hold your ultimate opinions, and my desire of placing the subject truly before them. In so doing, I am certain I risk no use of the communication which may draw me into contention before the public. Tranquillity is the _summum bonum_ of a _Septagenaire_.

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

Th: Jefferson.

LETTER CVII.--TO MADAME LA BARONNE DE STAEL-HOLSTEIN, May 24, 1818

TO MADAME LA BARONNE DE STAEL-HOLSTEIN.

United States of America,

May 24, 1818.

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

To complete and universalize the desolation of the globe, it has been the will of Providence to raise up, at the same time, a tyrant as unprincipled and as overwhelming, for the ocean. Not in the poor maniac George, but in his government and nation. Bonaparte will die, and his tyrannies with him. But a nation never dies. The English government and its piratical principles and practices, have no fixed term of duration.

Europe feels, and is writhing under the scorpion whips of Bonaparte. We are a.s.sailed by those of England. The one continent thus placed under the gripe of England, and the other of Bonaparte, each has to grapple with the enemy immediately pressing on itself. We must extinguish the fire kindled in our own house, and leave to our friends beyond the water that which is consuming theirs. It was not till England had taken one thousand of our s.h.i.+ps, and impressed into her service more than six thousand of our citizens; till she had declared, by the proclamation of her Prince Regent, that she would not repeal her aggressive orders as to us, until Bonaparte should have repealed his as to all nations; till her minister, in formal conference with ours, declared, that no proposition for protecting our seamen from being impressed, under color of taking their own, was practicable or admissible; that, the door to justice and to all amicable arrangement being closed, and negotiation become both desperate and dishonorable, we concluded that the war she had been for years waging against us, might as well become a war on both sides. She takes fewer vessels from us since the declaration of war than before, because they venture more cautiously; and we now make full reprisals where before we made none. England is, in principle, the enemy of all maritime nations, as Bonaparte is of the continental; and I place in the same line of insult to the human understanding, the pretension of conquering the ocean, to establish continental rights, as that of conquering the continent, to restore maritime rights. No, my dear Madam; the object of England is the permanent dominion of the ocean, and the monopoly of the trade of the world. To secure this, she must keep a larger fleet than her own resources will maintain. The resources of other nations, then, must be impressed to supply the deficiency of her own. This is sufficiently developed and evidenced by her successive strides towards the usurpation of the sea. Mark them, from her first war after William Pitt, the little, came into her administration. She first forbade to neutrals all trade with her enemies in time of war, which they had not in time of peace. This deprived them of their trade from port to port of the same nation. Then she forbade them to trade from the port of one nation to that of any other at war with her, although a right fully exercised in time of peace. Next, instead of taking vessels only entering a blockaded port, she took them over the whole ocean, if destined to that port, although ignorant of the blockade, and without intention to violate it. Then she took them returning from that port, as if infected by previous infraction of blockade. Then came her paper blockades, by which she might shut up the whole world without sending a s.h.i.+p to sea, except to take all those sailing on it, as they must, of course, be bound to some port. And these were followed by her orders of council, forbidding every nation to go to the port of any other, without coming first to some port of Great Britain, there paying a tribute to her, regulated by the cargo, and taking from her a license to proceed to the port of destination; which operation the vessel was to repeat with the return cargo on its way home. According to these orders, we could not send a vessel from St. Mary's to St. Augustine, distant six hour's sail, on our own coast, without crossing the Atlantic four times, twice with the outward cargo, and twice with the inward. She found this too daring and outrageous for a single step, retracted as to certain articles of commerce, but left it in force as to others which const.i.tute important branches of our exports. And finally, that her views may no longer rest on inference, in a recent debate, her minister declared in open parliament, that the object of the present war is a monopoly of commerce.

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

In the mean time, an examination before parliament of the ruinous effects of these orders on her own manufacturers, exposing them to the nation and to the world, their Prince issued a palinodial proclamation, suspending the orders on certain conditions, but claiming to renew them at pleasure, as a matter of right. Even this might have prevented the war, if done and known here before its declaration. But the sword being once drawn, the expense of arming incurred, and hostilities in full course, it would have been unwise to discontinue them, until effectual provision should be agreed to by England, for protecting our citizens on the high seas from impressment by her naval commanders, through, error, voluntary or involuntary; the fact being notorious, that these officers, entering our s.h.i.+ps at sea under pretext of searching for their seamen, (which they have no right to do by the law or usage of nations, which they neither do, nor ever did, as to any other nation but ours, and which no nation ever before pretended to do in any case), entering our s.h.i.+ps, I say, under pretext of searching for and taking out their seamen, they took ours, native as well as naturalized, knowing them to be ours, merely because they wanted them; insomuch, that no American could safely cross the ocean, or venture to pa.s.s by sea from one to another of our own ports. It is not long since they impressed at sea two nephews of General Was.h.i.+ngton, returning from Europe, and put them, as common seamen, under the ordinary discipline of their s.h.i.+ps of war.

There are certainly other wrongs to be settled between England and us; but of a minor character, and such as a proper spirit of conciliation on both sides would not permit to continue them at war. The sword, however, can never again be sheathed, until the personal safety of an American on the ocean, among the most important and most vital of the rights we possess, is completely provided for.

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

But because we speak English, and look like them, are we to be punished?

Are free and independent men to be submitted to their bondage?

England has misrepresented to all Europe this ground of the war. She has called it a new pretension, set up since the repeal of her orders of council. She knows there has never been a moment of suspension of our reclamations against it, from General Was.h.i.+ngton's time inclusive, to the present day: and that it is distinctly stated in our declaration of war, as one of its princ.i.p.al causes. She has pretended we have entered into the war, to establish the principle of 'free bottoms, free goods,'

or to protect her seamen against her own right over them. We contend for neither of these. She pretends we are partial to France; that we have observed a fraudulent and unfaithful neutrality between her and her enemy. She knows this to be false, and that if there has been any inequality in our proceedings towards the belligerents, it has been in her favor. Her ministers are in possession of full proofs of this.