Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson Volume II Part 51

Th: Jefferson.

LETTER CLx.x.xVIII.--TO JOHN JAY, March 12, 1789

TO JOHN JAY.

Sir,

Paris, March 12, 1789.

I had the honor of addressing you, on the 1st instant, through the post.

I write the present, uncertain whether Mr. Nesbitt, the bearer of your last, will be the bearer of this, or whether it may not have to wait some other private occasion. They have reestablished their packet-boats here, indeed; but they are to go from Bordeaux, which, being between four and five hundred miles from hence, is too far to send a courier with any letters but on the most extraordinary occasions and without a courier, they must pa.s.s through the post-office. I shall, therefore, not make use of this mode of conveyance, but prefer sending my letters by a private hand by the way of London. The uncertainty of finding private conveyances to London, is the princ.i.p.al objection to this.

On the receipt of your letter, advising me to purchase the two volumes of Deane's letters and accounts, I wrote to the person who had them, and after some offers and refusals, he let me have them for twenty-five louis, instead of twenty louis asked at first. He told me that Deane had still six or eight volumes more, and that when he should return to London he would try to get them, in order to make himself whole for the money he had lent Deane. As I knew he would endeavor to make us pay dear for them, and it appeared to be your opinion, and that of the members you had consulted, that it was an object worthy attention, I wrote immediately to a friend in London to endeavor to purchase them from Deane himself, whose distresses and c.r.a.pulous habits will probably render him more easy to deal with. I authorized him to go as far as fifty guineas. I have as yet no answer from him. I enclose you a letter which I wrote last month to our bankers in Holland. As it will itself explain the cause of its being written, I shall not repeat its substance here. In answer to my proposition, to pay bills for the medals and the redemption of our captives, they quote a resolution of Congress (which, however, I do not find in the printed journals), appropriating the loans of 1787 and 1788 to the payment of interest on the Dutch loans till 1790, inclusive, and the residue to salaries and contingencies in Europe, and they argue, that, according to this, they are not to pay any thing in Europe till they shall first have enough to pay all the interest which will become due to the end of the year 1790; and that it is out of personal regard, that they relax from this so far as to pay diplomatic salaries. So that here is a clear declaration they will answer no other demands, till they have in hand money enough for all the interest to the end of the year 1790. It is but a twelvemonth since I have had occasion to pay attention to the proceedings of those gentlemen; but during that time I have observed, that as soon as a sum of interest is becoming due, they are able to borrow just that, and no more; or at least only so much more as may pay our salaries, and keep us quiet. Were they not to borrow for the interest, the failure to pay that would sink the value of the capital, of which they are considerable sharers. So far their interests and ours concur. But there, perhaps, they may separate. I think it possible they may choose to support our credit to a certain point, and let it go no further, but at their will; to keep it so poised, as that it may be at their mercy. By this, they will be sure to keep us in their own hands. They write word to the treasury, that in order to raise money for the February interest, they were obliged to agree with the subscribers, that Congress should open no other loan at Amsterdam this year, till this one be filled up, and that this shall not be filled but by the present subscribers, and they not obliged to fill it. This is delivering us, bound hand and foot, to the subscribers, that is, to themselves. Finding that they would not raise money for any other purposes, without being pushed, I wrote the letter I enclose you. They answer, as I have stated, by refusing to pay, alleging the appropriation of Congress. I have written again to press them further, and to propose to them the payment of thirty thousand florins only, for the case of our captives, as I am in hopes this may do. In the close of my letter to them, you will observe I refer them, as to the article of foreign officers, to the board of treasury. I had, in truth, received the printed journals a few days before, but had not yet had time to read them carefully, and, particularly, had not then noted the vote of Congress of August the 20th, directing me to attend to that article. I shall not fail to do what I can in it; but I am afraid they will consider this also as standing on the same ground with the other contingent articles.

This country, being generally engaged in its elections, affords nothing new and worthy of communication. The hopes of accommodation between Turkey and the two empires do not gain strength. The war between Russia and Denmark on the one hand, and Sweden on the other, is likely also to go on, the mediation of England being rendered of little force by the accident to its Executive. The progress of this war, and also of the broils in Poland, may possibly draw the King of Prussia into it during the ensuing campaign: and it must, before it be finished, take in this country, and perhaps England. The ill humor on account of the Dutch revolution continues to rankle here. They have recalled their amba.s.sador from the Hague, manifestly to show their dissatisfaction with that court, and some very dry memorials have lately been exchanged on the subject of the money this country a.s.sumed to pay the Emperor for the Dutch. I send you very full extracts of these, which will show you the dispositions of the two courts towards each other. Whether, and when this country will be able to take an active part, will depend on the issue of their States General. If they fund their public debts judiciously, and will provide further funds for a war, on the English plan, 1 believe they will be able to borrow any sums they please. In the mean time, the situation of England will leave them at leisure to settle their internal affairs well. That ministry, indeed, pretend their King is perfectly re-established. No doubt they will make the most of his amendment, which is real, to a certain degree. But as, under pretence of this, they have got rid of the daily certificate of the physicians, and they are possessed of the King's person, the public must judge hereafter from such facts only as they can catch. There are several at present, which, put together, induce a presumption that the King is only better, not well. And should he be well, time will be necessary to give a confidence, that it is not merely a lucid interval. On the whole, I think we may conclude that that country will not take a part in the war this year, which was by no means certain before.

M. del Pinto, formerly minister of Portugal at London, and the same who negotiated the treaty with us, being now put at the head of the ministry of that country, I presume that negotiation may be renewed successfully, if it be the desire of our government. Perhaps an admission of our flour into their ports may be obtained now, as M. del Pinto seemed impressed with our reasoning on that subject, and promised to press it on his court, though he could not then venture to put it into the treaty. There is not the same reason to hope any relaxation as to our reception in Brazil, because he would scarcely let us mention that at all. I think, myself, it is their interest to take away all temptations to our cooperation in the emanc.i.p.ation of their colonies; and I know no means of doing this, but the making it our interest that they should continue dependant, nor any other way of making this our interest, but by allowing us a commerce with them. However, this is a mode of reasoning which their ministry, probably, could not bear to listen to. I send herewith the gazettes of France and Leyden, and have the honor to be, Sir, your most obedient and most humble servant,

Th: Jefferson.

LETTER CLx.x.xIX.--TO F. HOPKINSON, March 13, 1789

TO F. HOPKINSON.

Paris, March 13, 1789.

Dear Sir,

Since my last, which was of December the 21st, yours of December the 9th and 21st are received. Accept my thanks for the papers and pamphlets which accompanied them, and mine and my daughters 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 its 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, and 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, and therefore I have not yet seen it, nor can I say what it is. I hope that by this time you have ceased to make wry faces about your vinegar, and that you have received it safe and good. You say that I have been dished up to you as an anti-federalist, 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 to 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 any thing 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 anti-federalists. I 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, and judiciary; the subdivision of the legislative; the happy compromise of interests between the great and 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. I thought at first that the latter might have been limited. A little reflection soon convinced me it ought not to be. What I 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 re-eligibility of the President. To these points of disapprobation I adhere. My first wish was, that the nine 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 four 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 anti-federalists, 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 of the eleven 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 anti-federalist; that I am of neither party, nor yet a trimmer between parties. These, my opinions, I 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, and 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 its 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. I beg your pardon for it, and will endeavor to merit that pardon by the constant sentiments of esteem and attachment, with which I am, Dear Sir, your sincere friend and servant,

Th: Jefferson.

LETTER CXC.--TO MADAME DE BREHAN, March 14, 1789

TO MADAME DE BREHAN.

Paris, March 14, 1789.

Dear Madam,

I had the honor of writing to you on the 15th of February; soon after which, I had that of receiving your favor of December the 29th. I have a thousand questions to ask you about your journey to the Indian treaty, how you like their persons, their manners, their costumes, cuisine, &c.

But this I must defer till I can do it personally in New York, where I hope to see you for a moment in the summer, and to take your commands for France. I have little to communicate to you from this place. It is deserted: every body being gone into the country to choose or be chosen deputies to the States General. I hope to see that great meeting before my departure. It is to be on the 27th of next month. A great political revolution will take place in your country, and that without bloodshed.

A King with two hundred thousand men at his orders, is disarmed by the force of the public opinion and the want of money. Among the economies becoming necessary, perhaps one may be the opera. They say, it has cost the public treasury an hundred thousand crowns the last year. A new theatre is established since your departure; that of the _Opera Buffone_, where Italian operas are given, and good music. It is in the _Chateau des Tuileries_. Paris is every day enlarging and beautifying. I do not count among its beauties, however, the wall with which they have enclosed us. They have made some amends for this, by making fine boulevards within and without the walls. These are in considerable forwardness, and will afford beautiful rides round the city, of between fifteen and twenty miles in circuit. We have had such a winter, Madam, as makes me s.h.i.+ver yet, whenever I think of it. All communications, almost, were cut off. Dinners and suppers were suppressed, and the money laid out in feeding and warming the poor, whose labors were suspended by the rigor of the season. Loaded carriages pa.s.sed the Seine on the ice, and it was covered with thousands of people from morning till night, skating and sliding. Such sights were never seen before, and they continued two months. We have nothing new and excellent in your charming art of painting. In fact, I do not feel an interest in any pencil but that of David. But I must not hazard details on a subject wherein I am so ignorant, and you such a connoisseur. Adieu, my dear Madam; permit me always the honor of esteeming and being esteemed by you, and of tendering you the homage of that respectful attachment with which I am, and shall ever be, Dear Madam, your most obedient, humble servant,

Th: Jefferson.

LETTER CXCI.--TO JAMES MADISON, March 15, 1789

TO JAMES MADISON.

Paris, March 15, 1789.

Dear Sir,

I wrote you last on the 12th of January; since which I have received yours of October the 17th, December the 8th and 12th. That of October the 17th came to hand only February the 23rd.

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 January the 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 October the 17th, I have weighed with great satisfaction. Some of them had not occurred to me before, but were acknowledged 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 and kept strictly to their own department, merits great confidence for their learning and integrity. In fact, what degree of confidence would be too much, for a body composed of such men as Wythe, Blair, and 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 its 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, and 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 and 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 rights, let us secure what we can. 3. The limited powers of the federal government, and jealousy of the subordinate governments, afford a security which exists in no other instance. Answer. The first member of this seems resolvable into the first objection before stated. The jealousy of the subordinate governments is a precious reliance.

But observe that those governments are only agents. They must have principles furnished them, whereon to found their opposition. The declaration of rights will be the text, whereby they will try all the acts of the federal government. In this view, it is necessary to the federal government also; as by the same text, they may try the opposition of the subordinate governments. 4. Experience proves the inefficacy of a bill of rights. True. But though it is not absolutely efficacious under all circ.u.mstances, it is of great potency always, and rarely inefficacious. A brace the more will often keep up the building which would have fallen, with that brace the less. There is a remarkable difference between the characters of the inconveniences which attend a declaration of rights, and those which attend the want of it. The inconveniences of the declaration are, that it may cramp government in its useful exertions. But the evil of this is short-lived, moderate, and reparable. The inconveniences of the want of a declaration are permanent, afflicting, and irreparable. They are in constant progression from bad to worse. The executive, in our governments, is not the sole, it is scarcely the princ.i.p.al object of my jealousy. The tyranny of the legislatures is the most formidable dread at present, and will be for many years. That of the executive will come in its turn; but it will be at a remote period. I know there are some among us, who would now establish a monarchy. But they are inconsiderable in number and weight of character. The rising race are all republicans. We were educated in royalism; no wonder, if some of us retain that idolatry still. Our young people are educated in republicanism; an apostacy from that to royalism is unprecedented and impossible. I am much pleased with the prospect that a declaration of rights will be added; and I hope it will be done in that way, which will not endanger the whole frame of government, or any essential part of it.

I have hitherto avoided public news in my letters to you, because your situation insured you a communication of my letters to Mr. Jay. This circ.u.mstance being changed, I shall, in future, indulge myself in these details to you. There had been some slight hopes that an accommodation might be effected between the Turks and two empires; but these hopes do not strengthen, and the season is approaching which will put an end to them, for another campaign at least. The accident to the King of England has had great influence on the affairs of Europe. His mediation, joined with that of Prussia, would certainly have kept Denmark quiet, and so have left the two empires in the hands of the Turks and Swedes. But the inactivity to which England is reduced, leaves Denmark more free, and she will probably go on in opposition to Sweden. The King of Prussia, too, had advanced so far, that he can scarcely retire. This is rendered the more difficult by the troubles he has excited in Poland. He cannot, well abandon the party he had brought forward there; so that it is very possible he may be engaged in the ensuing campaign. France will be quiet this year, because this year, at least, is necessary for settling her future const.i.tution. The States will meet the 27th of April: and the public mind will. I think, by that time, be ripe for a just decision of the question, whether they shall vote by orders or persons. I think there is a majority of the n.o.bles already for the latter. If so, their affairs cannot but go on well. Besides settling for themselves a tolerably free const.i.tution, perhaps as free a one as the nation is as yet prepared to bear, they will fund their public debts. This will give them such a credit, as will enable them to borrow any money they may want, and of course, to take the field again, when they think proper.

And I believe they mean to take the field as soon as they can. The pride of every individual in the nation suffers under the ignominies they have lately been exposed to, and I think the States General will give money for a war, to wipe off the reproach. There have arisen new bickerings between this court and that of the Hague; and the papers which have pa.s.sed, show the most bitter acrimony rankling at the heart of this ministry. They have recalled their amba.s.sador from the Hague, without appointing a successor. They have given a note to the Diet of Poland, which shows a disapprobation of their measures. The insanity of the King of England has been fortunate for them, as it gives them time to put their house in order. The English papers tell you the King is well; and even the English ministry say so. They will naturally set the best foot foremost; and they guard his person so well, that it is difficult for the public to contradict them. The King is probably better, but not well, by a great deal. 1. He has been bled, and judicious physicians say, that in his exhausted state, nothing could have induced a recurrence to bleeding, but symptoms of relapse. 2. The Prince of Wales tells the Irish deputation, he will give them a definitive answer in some days; but if the King had been well, he could have given it at once. 3. They talk of pa.s.sing a standing law, for providing a regency in similar cases. They apprehend then, they are not yet clear of the danger of wanting a regency.

4. They have carried the King to church; but it was his private chapel.

If he be well, why do not they show him publicly to the nation, and raise them from that consternation into which they have been thrown, by the prospect of being delivered over to the profligate hands of the Prince of Wales. In short, judging from little facts, which are known in spite of their teeth, the King is better, but not well. Possibly he is getting well, but still time will be wanting to satisfy even the ministry, that it is not merely a lucid interval. Consequently, they cannot interrupt France this year in the settlement of her affairs, and after this year it will be too late.

As you will be in a situation to know when the leave of absence will be granted me, which I have asked, will you be so good as to communicate it, by a line, to Mr. Lewis and Mr. Eppes? I hope to see you in the summer, and that if you are not otherwise engaged, you will encamp with me at Monticello for a while.

I am, with great and sincere attachment, Dear Sir, your affectionate friend and servant,

Th: Jefferson.