Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson Volume IV Part 20

LETTER XCII.--TO J. B. COLVIN, September 20, 1810

TO J. B. COLVIN.

Monticello, September 20, 1810.

Sir,

Your favor of the 14th has been duly received, and I have to thank you for the many obliging things respecting myself which are said in it.

If I have left in the b.r.e.a.s.t.s of my fellow-citizens a sentiment of satisfaction with my conduct in the transaction of their business, it will soften the pillow of my repose through the residue of life.

The question you propose, whether circ.u.mstances do not sometimes occur, which make it a duty in officers of high trust, to a.s.sume authorities beyond the law, is easy of solution in principle, but sometimes embarra.s.sing in practice. A strict observance of the written laws, is doubtless one of the high duties of a good citizen: but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law, would be to lose the law itself, with life, liberty, property, and all those who are enjoying them with us; thus absurdly sacrificing the end to the means. When, in the battle of Germantown, General Was.h.i.+ngton's army was annoyed from Chew's house, he did not hesitate to plant his cannon against it, although the property of a citizen. When he besieged Yorktown, he leveled the suburbs, feeling that the laws of property must be postponed to the safety of the nation. While the army was before York, the Governor of Virginia took horses, carriages, provisions, and even men, by force, to enable that army to stay together till it could master the public enemy; and he was justified. A s.h.i.+p at sea in distress for provisions, meets another having abundance, yet refusing a supply; the law of self-preservation authorizes the distressed to take a supply by force. In all these cases, the unwritten laws of necessity, of self-preservation, and of the public safety, control the written laws of _meum_ and _tuum_. Further to exemplify the principle, I will state an hypothetical case. Suppose it had been made known to the executive of the Union in the autumn of 1805, that we might have the Floridas for a reasonable sum, that that sum had not indeed been so appropriated by law, but that Congress were to meet within three weeks, and might appropriate it on the first or second day of their session. Ought he, for so great an advantage to his country, to have risked himself by transcending the law and making the purchase? The public advantage offered, in this supposed case, was indeed immense: but a reverence for law, and the probability that the advantage might still be legally accomplished by a delay of only three weeks, were powerful reasons against hazarding the act. But suppose it foreseen that a John Randolph would find means to protract the proceeding on it by Congress, until the ensuing spring, by which time new circ.u.mstances would change the mind of the other party. Ought the executive, in that case, and with that foreknowledge, to have secured the good to his country, and to have trusted to their justice for the transgression of the law? I think he ought, and that the act would have been approved. After the affair of the Chesapeake, we thought war a very possible result. Our magazines were illy provided with some necessary articles, nor had any appropriations been made for their purchase. We ventured, however, to provide them, and to place our country in safety; and stating the case to Congress, they sanctioned the act.

To proceed to the conspiracy of Burr, and particularly to General Wilkinson's situation in New Orleans. In judging this case, we are bound to consider the state of the information, correct and incorrect, which he then possessed. He expected Burr and his band from above, a British fleet from below, and he knew there was a formidable conspiracy within the city. Under these circ.u.mstances, was he justifiable, 1. In seizing notorious conspirators? On this there can be but two opinions; one, of the guilty and their accomplices; the other, that of all honest men.

2. In sending them to the seat of government, when the written law gave them a right to trial in the territory? The danger of their rescue, of their continuing their machinations, the tardiness and weakness of the law, apathy of the judges, active patronage of the whole tribe of lawyers, unknown disposition of the juries, an hourly expectation of the enemy, salvation of the city, and of the Union itself, which would have been convulsed to its centre, had that conspiracy succeeded; all these const.i.tuted a law of necessity and self-preservation, and rendered the _salus populi_ supreme over the written law. The officer who is called to act on this superior ground, does indeed risk himself on the justice of the controlling powers of the const.i.tution, and his station makes it his duty to incur that risk. But those controlling powers, and his fellow-citizens generally, are bound to judge according to the circ.u.mstances under which he acted. They are not to transfer the information of this place or moment to the time and place of his action; but to put themselves into his situation. We knew here that there never was danger of a British fleet from below, and that Burr's band was crushed before it reached the Mississippi. But General Wilkinson's information was very different, and he could act on no other.

From these examples and principles you may see what I think on the question proposed. They do not go to the case of persons charged with petty duties, where consequences are trifling, and time allowed for a legal course, nor to authorize them to take such cases out of the written law. In these, the example of overleaping the law is of greater evil than a strict adherence to its imperfect provisions. It is inc.u.mbent on those only who accept of great charges, to risk themselves on great occasions, when the safety of the nation, or some of its very high interests are at stake.

An officer is bound to obey orders: yet he would be a bad one who should do it in cases for which they were not intended, and which involved the most important consequences. The line of discrimination between cases may be difficult; but the good officer is bound to draw it at his own peril, and throw himself on the justice of his country, and the rect.i.tude of his motives.

I have indulged freer views on this question, on your a.s.surances that they are for your own eye only, and that they will not get into the hands of news-writers. I met their scurrilities without concern, while in pursuit of the great interests with which I was charged. But in my present retirement, no duty forbids my wish for quiet.

Accept the a.s.surances of my esteem and respect.

Th: Jefferson.

LETTER XCIII.--TO MR. LAW, January 15, 1811

TO MR. LAW.

Monticello, January 15, 1811.

Dear Sir,

An absence from home of some length has prevented my sooner acknowledging the receipt of your letter, covering the printed pamphlet, which the same absence has as yet prevented me from taking up, but which I know I shall read with great pleasure. Your favor of December the 22nd is also received.

Mr. Wagner's malignity, like that of the rest of his tribe of brother printers, who deal out calumnies for federal readers, gives me no pain.

When a printer cooks up a falsehood, it is as easy to put it into the mouth of a Mr. Fox, as of a smaller man, and safer into that of a dead than a living one. Your sincere attachment to this country, as well as to your native one, was never doubted by me; and in that persuasion, I felt myself free to express to you my genuine sentiments with respect to England. No man was more sensible than myself of the just value of the friends.h.i.+p of that country. There are between us so many of those circ.u.mstances which naturally produce and cement kind dispositions, that if they could have forgiven our resistance to their usurpations, our connections might have been durable, and have insured duration to both our governments. I wished, therefore, a cordial friends.h.i.+p with them, and I spared no occasion of manifesting this in our correspondence and intercourse with them; not disguising, however, my desire of friends.h.i.+p with their enemy also. During the administration of Mr. Addington, I thought I discovered some friendly symptoms on the part of that government; at least, we received some marks of respect from the administration, and some of regret at the wrongs we were suffering from their country. So, also, during the short interval of Mr. Fox's power.

But every other administration since our Revolution has been equally wanton in their injuries and insults, and has manifested equal hatred and aversion. Instead, too, of cultivating the government itself, whose principles are those of the great ma.s.s of the nation, they have adopted the miserable policy of teazing and embarra.s.sing it, by allying themselves with a faction here, not a tenth of the people, noisy and unprincipled, and which never can come into power while republicanism is the spirit of the nation, and that must continue to be so, until such a condensation of population shall have taken place as will require centuries. Whereas, the good will of the government itself would give them, and immediately, every benefit which reason or justice would permit it to give. With respect to myself, I saw great reason to believe their ministers were weak enough to credit the newspaper trash about a supposed personal enmity in myself towards England. This wretched party imputation was beneath the notice of wise men. England never did me a personal injury, other than in open war, and for numerous individuals there, I have great esteem and friends.h.i.+p. And I must have had a mind far below the duties of my station, to have felt either national partialities or antipathies in conducting the affairs confided to me. My affections were first for my own country, and then, generally, for all mankind; and nothing but minds placing themselves above the pa.s.sions, in the functionaries of this country, could have preserved us from the war to which their provocations have been constantly urging us. The war interests in England include a numerous and wealthy part of their population; and their influence is deemed worth courting by ministers wis.h.i.+ng to keep their places. Continually endangered by a powerful opposition, they find it convenient to humor the popular pa.s.sions at the expense of the public good. The s.h.i.+pping interest, commercial interest, and their janizaries of the navy, all fattening on war, will not be neglected by ministers of ordinary minds. Their tenure of office is so infirm that they dare not follow the dictates of wisdom, justice, and the well calculated interests of their country. This vice, in the English const.i.tution, renders a dependance on that government very unsafe. The feelings of their King, too, fundamentally averse to us, have added another motive for unfriendliness in his ministers. This obstacle to friends.h.i.+p, however, seems likely to be soon removed; and I verily believe the successor will come in with fairer and wiser dispositions towards us; perhaps on that event their conduct may be changed. But what England is to become on the crush of her internal structure, now seeming to be begun, I cannot foresee. Her monied interest, created by her paper system, and now const.i.tuting a baseless ma.s.s of wealth equal to that of the owners of the soil, must disappear with that system, and the medium for paying great taxes thus failing, her navy must be without support. That it shall be supported by permitting her to claim dominion of the ocean, and to levy tribute on every flag traversing that, as lately attempted and not yet relinquished, every nation must contest, even _ad internecionem_. And yet, that, retiring from this enormity, she should continue able to take a fair share in the necessary equilibrium,of power on that element, would be the desire of every nation.

I feel happy in withdrawing my mind from these anxieties, and resigning myself, for the remnant of life, to the care and guardians.h.i.+p of others.

Good wishes are all an old man has to offer to his country or friends.

Mine attend yourself, with sincere a.s.surances of esteem and respect, which, however, I should be better pleased to tender you in person, should your rambles ever lead you into the vicinage of Monticello.

Th: Jefferson.

LETTER XCIV.--TO DOCTOR BENJAMIN RUSH, January 16, 1811

TO DOCTOR BENJAMIN RUSH.

Monticello, January 16, 1811.

Dear Sir,

I had been considering for some days, whether it was not time by a letter, to bring myself to your recollection, when I received your welcome favor of the 2nd instant. I had before heard of the heart-rending calamity you mention, and had sincerely sympathized with your afflictions. But I had not made it the subject of a letter, because I knew that condolences were but renewals of grief. Yet I thought, and still think, this is one of the cases wherein we should 'not sorrow, even as others who have no hope.'

You ask if I have read Hartley? I have not. 'My present course of life admits less reading than I wish. From breakfast, or noon at latest, to dinner, I am mostly on horseback, attending to my farms or other concerns, which I find healthful to my body, mind, and affairs; and the few hours I can pa.s.s in my cabinet, are devoured by correspondences; not those with my intimate friends, with whom I delight to interchange sentiments, but with others, who, writing to me on concerns of their own in which I have had an agency, or from motives of mere respect and approbation, are ent.i.tled to be answered with respect and a return of good will. My hope is that this obstacle to the delights of retirement will wear away with the oblivion which follows that, and that I may at length be indulged in those studious pursuits, from which nothing but revolutionary duties would ever have called me.

I shall receive your proposed publication, and read it with the pleasure which every thing gives me from your pen. Although much of a sceptic in the practice of medicine, I read with pleasure its ingenious theories.

I receive with sensibility your observations on the discontinuance of friendly correspondence between Mr. Adams and myself, and the concern you take in its restoration. This discontinuance has not proceeded from me, nor from the want of sincere desire, and of effort on my part, to renew our intercourse. You know the perfect coincidence of principle and of action, in the early part of the Revolution, which produced a high degree of mutual respect and esteem between Mr. Adams and myself.

Certainly no man was ever truer than he was, in that day, to those principles of rational republicanism, which, after the necessity of throwing off our monarchy, dictated all our efforts in the establishment of a new government. And although he swerved, afterwards, towards the principles of the English const.i.tution, our friends.h.i.+p did not abate on that account. While he was Vice-President, and I Secretary of State, I received a letter from President Was.h.i.+ngton, then at Mount Vernon, desiring me to call together the Heads of departments, and to invite Mr.

Adams to join us (which, by the bye, was the only instance of that being done) in order to determine on some measure which required despatch; and he desired me to act on it, as decided, without again recurring to him.

I invited them to dine with me, and after dinner, sitting at our wine, having settled our question, other conversation came on, in which a collision of opinion arose between Mr. Adams and Colonel Hamilton, on the merits of the British Const.i.tution, Mr. Adams giving it as his opinion, that, if some of its defects and abuses were corrected, it would be the most perfect const.i.tution of government ever devised by man. Hamilton, on the contrary, a.s.serted, that with its existing vices, it was the most perfect model of government that could be formed; and that the correction of its vices would render it an impracticable government. And this you may be a.s.sured was the real line of difference between the political principles of these two gentlemen. Another incident took place on the same occasion, which will further delineate Hamilton's political principles. The room being hung around with a collection of the portraits of remarkable men, among them were those of Bacon, Newton, and Locke. Hamilton asked me who they were. I told him they were my trinity of the three greatest men the world had ever produced, naming them. He paused for some time: 'The greatest man,'

said he, 'that ever lived, was Julius Caesar.' Mr. Adams was honest as a politician, as well as a man; Hamilton honest as a man, but, as a politician, believing in the necessity of either force or corruption to govern men.

You remember the machinery which the federalists played off, about that time, to beat down the friends to the real principles of our const.i.tution, to silence by terror every expression in their favor, to bring us into war with France and alliance with England, and finally to h.o.m.ologize our const.i.tution with that of England. Mr. Adams, you know, was overwhelmed with feverish addresses, dictated by the fear, and often by the pen of the _b.l.o.o.d.y buoy_, and was seduced by them into some open indications of his new principles of government, and in fact, was so elated as to mix with his kindness a little superciliousness towards me. Even Mrs. Adams, with all her good sense and prudence, was sensibly flushed. And you recollect the short suspension of our intercourse, and the circ.u.mstance which gave rise to it, which you were so good as to bring to an early explanation, and have set to rights, to the cordial satisfaction of us all. The nation at length pa.s.sed condemnation on the political principles of the federalists, by refusing to continue Mr.

Adams in the Presidency. On the day on which we learned in Philadelphia the vote of the city of New York, which it was well known would decide the vote of the State, and that, again, the vote of the Union, I called on Mr. Adams on some official business. He was very sensibly affected, and accosted me with these words. 'Well, I understand that you are to beat me in this contest, and I will only say that I will be as faithful a subject as any you will have.' 'Mr. Adams,' said I, 'this is no personal contest between you and me. Two systems of principles on the subject of government divide our fellow-citizens into two parties. With one of these you concur, and I with the other. As we have been longer on the public stage than most of those now living, our names happen to be more generally known. One of these parties, therefore, has put your name at its head, the other mine. Were we both to die to-day, to-morrow two other names would be in the place of ours, without any change in the motion of the machine. Its motion is from its principle, not from you or myself.''I believe you are right,' said he, 'that we are but pa.s.sive instruments, and should not suffer this matter to affect our personal dispositions.' But he did not long retain this just view of the subject. I have always believed that the thousand calumnies which the federalists, in bitterness of heart, and mortification at their ejection, daily invented against me, were carried to him by their busy intriguers, and made some impression. When the election between Burr and myself was kept in suspense by the federalists, and they were meditating to place the President of the Senate at the head of the government, I called on Mr. Adams with a view to have this desperate measure prevented by his negative. He grew warm in an instant, and said with a vehemence he had not used towards me before, 'Sir, the event of the election is within your own power. You have only to say you will do justice to the public creditors, maintain the navy, and not disturb those holding offices, and the government will instantly be put into your hands. We know it is the wish of the people it should be so.''Mr. Adams,' said I, 'I know not what part of my conduct, in either public or private life, can have authorized a doubt of my fidelity to the public engagements.

I say, however, I will not come into the government by capitulation. I will not enter on it, but in perfect freedom to follow the dictates of my own judgment.' I had before given the same answer to the same intimation from Gouverneur Morris. 'Then,' said he, 'things must take their course.' I turned the conversation to something else, and soon took my leave. It was the first time in our lives we had ever parted with any thing like dissatisfaction. And then followed those scenes of midnight appointment, which have been condemned by all men. The last day of his political power, the last hours, and even beyond the midnight, were employed in filling all offices and especially permanent ones, with the bitterest federalists, and providing for me the alternative, either to execute the government by my enemies, whose study it would be to thwart and defeat all my measures, or to incur the odium of such numerous removals from office, as might bear me down. A little time and reflection effaced in my mind this temporary dissatisfaction with Mr. Adams, and restored me to that just estimate of his virtues and pa.s.sions, which a long acquaintance had enabled me to fix. And my first wish became that of making his retirement easy by any means in my power; for it was understood he was not rich. I suggested to some republican members of the delegation from his State, the giving him, either directly or indirectly, an office, the most lucrative in that State, and then offered to be resigned, if they thought he would not deem it affrontive. They were of opinion he would take great offence at the offer; and, moreover, that the body of republicans would consider such a step in the outset, as auguring very ill of the course I meant to pursue. I dropped the idea, therefore, but did not cease to wish for some opportunity of renewing our friendly understanding.

Two or three years after, having had the misfortune to lose a daughter, between whom and Mrs. Adams there had been a considerable attachment, she made it the occasion of writing me a letter, in which, with the tenderest expressions of concern at this event, she carefully avoided a single one of friends.h.i.+p towards myself, and even concluded it with the wishes 'of her who once took pleasure in subscribing herself your friend, Abigail Adams.' Unpromising as was the complexion of this letter, I determined to make an effort towards removing the clouds from between us. This brought on a correspondence which I now enclose for your perusal, after which be so good as to return it to me, as I have never communicated it to any mortal breathing, before. I send it to you, to convince you I have not been wanting either in the desire, or the endeavor to remove this misunderstanding. Indeed, I thought it highly disgraceful to us both, as indicating minds not sufficiently elevated to prevent a public compet.i.tion from affecting our personal friends.h.i.+p. I soon found from the correspondence that conciliation was desperate, and yielding to an intimation in her last letter, I ceased from further explanation. I have the same good opinion of Mr. Adams which I ever had.

I know him to be an honest man, an able one with his pen, and he was a powerful advocate on the floor of Congress. He has been alienated from me, by belief in the lying suggestions contrived for electioneering purposes, that I perhaps mixed in the activity and intrigues of the occasion. My most intimate friends can testify that I was perfectly pa.s.sive. They would sometimes, indeed, tell me what was going on; but no man ever heard me take part in such conversations; and none ever misrepresented Mr. Adams in my presence without my a.s.serting his just character. With very confidential persons I have doubtless disapproved of the principles and practices of his administration. This was unavoidable. But never with those with whom it could do him any injury.

Decency would have required this conduct from me, if disposition had not: and I am satisfied Mr. Adams's conduct was equally honorable towards me. But I think it part of his character to suspect foul play in those of whom he is jealous, and not easily to relinquish his suspicions.

I have gone, my dear friend, into these details, that you might know every thing which had pa.s.sed between us, might be fully possessed of the state of facts and dispositions, and judge for yourself whether they admit a revival of that friendly intercourse for which you are so kindly solicitous. I shall certainly not be wanting in any thing on my part which may second your efforts; which will be the easier with me, inasmuch as I do not entertain a sentiment of Mr. Adams, the expression of which could give him reasonable offence. And I submit the whole to yourself, with the a.s.surance, that whatever be the issue, my friends.h.i.+p and respect for yourself will remain unaltered and unalterable.

Th: Jefferson.

LETTER XCV.--TO M. DESTUTT TRACY, January 26, 1811

TO M. DESTUTT TRACY.

Monticello, January 26, 1811.

Sir,

The length of time your favor of June the 12th, 1809, was on its way to me, and my absence from home the greater part of the autumn, delayed very much the pleasure which awaited me of reading the packet which accompanied it. I cannot express to you the satisfaction which I received from its perusal. I had, with the world, deemed Montesquieu's a work of much merit; but saw in it, with every thinking man, so much of paradox, of false principle, and misapplied fact, as to render its value equivocal on the whole. Williams and others had nibbled only at its errors. A radical correction of them, therefore, was a great desideratum. This want is now supplied, and with a depth of thought, precision; of idea, of language, and of logic, which will force conviction into every mind. I declare to you, Sir, in the spirit of truth and sincerity, that I consider it the most precious gift the present age has received. But what would it have been, had the author, or would the author, take up the whole scheme of Montesquieu's work, and following the correct a.n.a.lysis he has here developed, fill up all its parts according to his sound views of them. Montesquieu's celebrity would be but a small portion of that which would immortalize the author.

And with whom? With the rational and high-minded spirits of the present and all future ages. With those whose approbation is both incitement and reward to virtue and ambition. Is then the hope desperate? To what object can the occupation of his future life be devoted so usefully to the world, so splendidly to himself? But I must leave to others who have higher claims on his attention, to press these considerations.