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

Every one is sensible how this is to be ultimately settled. Neither the British creditor, nor the State, will be permitted to lose by these payments. The debtor will be credited for what he paid, according to what it was really worth at the time he paid it, and he must pay the balance. Nor does he lose by this; for if a man who owed one thousand dollars to a British merchant, paid eight hundred paper dollars into the treasury, when the depreciation was at eight for one, it is clear he paid but one hundred real dollars, and must now pay nine hundred. It is probable he received those eight hundred dollars for one hundred bushels of wheat, which were never worth more than one hundred silver dollars.

He is credited, therefore, the full worth of his wheat. The equivoque is in the use of the word 'dollar.'

Page 226. '_Qu'on abolisse les privileges du clerge_.' This privilege, originally allowed to the clergy, is now extended to every man, and even to women. It is a right of exemption from capital punishment for the first offence in most cases. It is then a pardon by the law. In other cases, the Executive gives the pardon. But when laws are made as mild as they should be, both those pardons are absurd. The principle of Beccaria is sound. Let the legislators be merciful, but the executors of the law inexorable. As the term 'privileges du clerge' may be misunderstood by foreigners, perhaps it will be better to strike it out here and subst.i.tute the word 'pardon.'

Page 239. '_Les commissaires veulent_,' &c. Manslaughter is the killing a man with design, but in a sudden gust of pa.s.sion, and where the killer has not had time to cool. The first offence is not punished capitally, but the second is. This is the law of England and of all the American States; and is not a new proposition. Those laws have supposed that a man, whose pa.s.sions have so much dominion over him, as to lead him to repeated acts of murder, is unsafe to society: that it is better he should be put to death by the law, than others more innocent than himself on the movements of his impetuous pa.s.sions.

Ibid. '_Mal-aise d'indiquer la nuance precise,_' &c. In forming a scale of crimes and punishments, two considerations have princ.i.p.al weight. 1.

The atrocity of the crime. 2. The peculiar circ.u.mstances of a country, which furnish greater temptations to commit it, or greater facilities for escaping detection, The punishment must be heavier to counterbalance this. Were the first the only consideration, all nations would form the same scale. But as the circ.u.mstances of a country have influence on the punishment, and no two countries exist precisely under the same circ.u.mstances, no two countries will form the same scale of crimes and punishments. For example; in America the inhabitants let their horses go at large in the uninclosed lands which are so extensive as to maintain them altogether. It is easy, therefore, to steal them and easy to escape. Therefore the laws are obliged to oppose these temptations with a heavier degree of punishment. For this reason the stealing of a horse in America is punished more severely, than stealing the same value in any other form. In Europe where horses are confined so securely, that it is impossible to steal them, that species of theft need not be punished more severely than any other. In some countries of Europe, stealing fruit from trees in punished capitally. The reason is, that it being impossible to lock fruit trees up in coffers, as we do our money, it is impossible to oppose physical bars to this species of theft. Moral ones are therefore opposed by the laws. This to an unreflecting American appears the most enormous of all the abuses of power; because he has been used to see fruits hanging in such quant.i.ties, that if not taken by men they would rot: he has been used to consider them therefore as of no value, and as not furnis.h.i.+ng materials for the commission of a crime. This must serve as an apology for the arrangement of crimes and punishments in the scale under our consideration. A different one would be formed here; and still different ones in Italy, Turkey, China, &c.

Page 240. '_Les officiers Americains,_' &c. to page 264, '_qui le meritoient_.' I would propose to new-model this section in the following manner, 1. Give a succinct history of the origin and establishment of the Cincinnati. 2. Examine whether in its present form it threatens any dangers to the State. 3. Propose the most practicable method of preventing them.

Having been in America during the period in which this inst.i.tution was formed, and being then in a situation which gave me opportunities of seeing it in all its stages, I may venture to give M. de Meusnier materials for the first branch of the preceding distribution of the subject. The second and third he will best execute himself. I should write its history in the following form. When on the close of that war which established the independence of America, its army was about to be disbanded, the officers, who, during the course of it, had gone through the most trying scenes together, who by mutual aids and good offices had become dear to one another, felt with great oppression of mind the approach of that moment which was to separate them, never perhaps to meet again. They were from different States, and from distant parts of the same State. Hazard alone could therefore give them but rare and partial occasions of seeing each other. They were of course to abandon altogether the hope of ever meeting again, or to devise some occasion which might bring them together. And why not come together on purpose at stated times? Would not the trouble of such a journey be greatly overpaid by the pleasure of seeing each other again, by the sweetest of all consolations, the talking over the scenes of difficulty and of endearment they had gone through? This too would enable them to know who of them should succeed in the world, who should be unsuccessful, and to open the purses of all to every laboring brother. This idea was too soothing not to be cherished in conversation. It was improved into that of a regular a.s.sociation, with an organized administration, with periodical meetings, general and particular, fixed contributions for those who should be in distress, and a badge by which not only those who had not had occasion to become personally known should be able to recognise one another, but which should be worn by their descendants, to perpetuate among them the friends.h.i.+ps which had bound their ancestors together.

General Was.h.i.+ngton was, at that moment, oppressed with the operation of disbanding an army which was not paid, and the difficulty of this operation was increased, by some two or three States having expressed sentiments, which did not indicate a sufficient attention to their payment. He was sometimes present, when his officers were fas.h.i.+oning, in their conversations, their newly proposed society. He saw the innocence of its origin, and foresaw no effects less innocent. He was, at that time, writing his valedictory letter to the States, which has been so deservedly applauded by the world. Far from thinking it a moment to multiply the causes of irritation, by thwarting a proposition which had absolutely no other basis but that of benevolence and friends.h.i.+p, he was rather satisfied to find himself aided in his difficulties by this new incident, which occupied, and, at the same time, soothed the minds of the officers. He thought, too, that this inst.i.tution would be one instrument the more, for strengthening the federal bond, and for promoting federal ideas. The inst.i.tution was formed. They incorporated into it the officers of the French army and navy, by whose sides they had fought, and with whose aid they had finally prevailed, extending it to such grades, as they were told might be permitted to enter into it.

They sent an officer to France, to make the proposition to them, and to procure the badges which they had devised for their order. The moment of disbanding the army having come, before they could have a full meeting to appoint their President, the General was prayed to act in that office till their first general meeting, which was to be held at Philadelphia, in the month of May following.

The laws of the society were published. Men who read them in their closers, unwarmed by those sentiments of friends.h.i.+p which had produced them, inattentive to those pains which an approaching separation had excited in the minds of the inst.i.tuters, politicians, who see in every thing only the dangers with which it threatens civil society, in fine, the laboring people, who, s.h.i.+elded by equal laws, had never seen any difference between man and man, but had read of terrible oppressions, which people of their description experience in other countries, from those who are distinguished by t.i.tles and badges, began to be alarmed at this new inst.i.tution. A remarkable silence, however, was observed.

Their solicitudes were long confined within the circles of private conversation. At length, however, a Mr. Burke, Chief Justice of South Carolina, broke that silence. He wrote against the new inst.i.tution, foreboding its dangers, very imperfectly indeed, because he had nothing but his imagination to aid him. An American could do no more; for to detail the real evils of aristocracy, they must be seen in Europe.

Burke's fears were thought exaggerations in America; while in Europe, it is known that even Mirabeau has but faintly sketched the curses of hereditary aristocracy, as they are experienced here, and as they would have followed in America, had this inst.i.tution remained. The epigraph of Burke's pamphlet, was 'Blow ye the trumpet in Zion.' Its effect corresponded with its epigraph. This inst.i.tution became, first, the subject of general conversation. Next, it was made the subject of deliberation in the legislative a.s.semblies of some of the States. The Governor of South Carolina censured it, in an address to the a.s.sembly of that State. The a.s.semblies of Ma.s.sachusetts, Rhode Island, and Pennsylvania condemned its principles. No circ.u.mstance, indeed, brought the consideration of it expressly before Congress; yet it had sunk deep into their minds. An offer having been made to them, on the part of the Polish order of Divine Providence, to receive some of their distinguished citizens into that order, they made that an occasion to declare, that these distinctions were contrary to the principles of their Confederation.

The uneasiness excited by this inst.i.tution had very early caught the notice of General Was.h.i.+ngton. Still recollecting all the purity of the motives which gave it birth, he became sensible that it might produce political evils, which the warmth of those motives had masked. Add to this, that it was disapproved by the ma.s.s of citizens of the Union.

This, alone, was reason strong enough, in a country where the will of the majority is the law, and ought to be the law. He saw that the objects of the inst.i.tution were too light to be opposed to considerations as serious as these; and that it was become necessary to annihilate it absolutely. On this, therefore, he was decided. The first annual meeting at Philadelphia was now at hand; he went to that, determined to exert all his influence for its suppression. He proposed it to his fellow officers, and urged it with all his powers. It met an opposition which was observed to cloud his face with an anxiety, that the most distressful scenes of the war had scarcely ever produced. It was canva.s.sed for several days, and, at length, it was no more a doubt, what would be its ultimate fate. The order was on the point of receiving its annihilation, by the vote of a great majority of its members. In this moment, their envoy arrived from France, charged with letters from the French officers, accepting with cordiality the proposed badges of union, with solicitations from others to be received into the order, and with notice that their respectable Sovereign had been pleased to recognise it, and to permit his officers to wear its badges. The prospect was now changed. The question a.s.sumed a new form. After the offer made by them, and accepted by their friends, in what words could they clothe a proposition to retract it, which would not cover themselves with the reproaches of levity and ingrat.i.tude? which would not appear an insult to those whom they loved? Federal principles, popular discontent, were considerations, whose weight was known and felt by themselves. But would foreigners know and feel them equally? Would they so far acknowledge their cogency, as to permit, without any indignation, the eagle and ribbon to be torn from their b.r.e.a.s.t.s, by the very hands which had placed them there? The idea revolted the whole society. They found it necessary, then, to preserve so much of their inst.i.tution as might continue to support this foreign branch, while they should prune off every other, which would give offence to their fellow citizens: thus sacrificing, on each hand, to their friends and to their country.

The society was to retain its existence, its name, its meetings, and its charitable funds: but these last were to be deposited with their respective legislatures. The order was to be no longer hereditary; a reformation, which had been pressed even from this side the Atlantic; it was to be communicated to no new members; the general meetings, instead of annual, were to be triennial only. The eagle and ribbon, indeed, were retained, because they were worn, and they wished them to be worn, by their friends who were in a country where they would not be objects of offence; but themselves never wore them. They laid them up in their bureaus, with the medals of American Independence, with those of the trophies they had taken, and the battles they had won. But through all the United States, no officer is seen to offend the public eye with the display of this badge. These changes have tranquillized the American States. Their citizens feel too much interest in the reputation of their officers, and value too much whatever may serve to recall to the memory of their allies, the moments wherein they formed but one people, not to do justice to the circ.u.mstance which prevented a total annihilation of the order. Though they are obliged by a prudent foresight, to keep out every thing from among themselves, which might pretend to divide them into orders, and to degrade one description of men below another, yet they hear with pleasure, that their allies, whom circ.u.mstances have already placed under these distinctions, are willing to consider it as one, to have aided them in the establishment of their liberties, and to wear a badge which may recall them to their remembrance; and it would be an extreme affliction to them, if the domestic reformation which has been found necessary, if the censures of individual writers, or if any other circ.u.mstance, should discourage the wearing of their badge, or lessen its reputation.

This short but true, history of the order of the Cincinnati, taken from the mouths of persons on the spot, who were privy to its origin and progress, and who know its present state, is the best apology which can be made for an inst.i.tution, which appeared to be, and was really, so heterogeneous to the governments in which it was erected.

It should be further considered, that, in America, no other distinction between man and man had ever been known, but that of persons in office, exercising powers by authority of the laws, and private individuals.

Among these last, the poorest laborer stood on equal ground with the wealthiest millionary, and generally, on a more favored one, whenever their rights seemed to jar. It has been seen that a shoemaker, or other artisan, removed by the voice of his country from his work-bench, into a chair of office, has instantly commanded all the respect and obedience, which the laws ascribe to his office. But of distinctions by birth or badge, they had no more idea than they had of the mode of existence in the moon or planets. They had heard only that there were such, and knew that they must be wrong. A due horror of the evils which flow from these distinctions, could be excited in Europe only, where the dignity of man is lost in arbitrary distinctions, where the human species is cla.s.sed into several stages of degradation, where the many are crouched under the weight of the few, and where the order established can present to the contemplation of a thinking being, no other picture, than that of G.o.d Almighty and his angels, trampling under foot the host of the d.a.m.ned. No wonder, then, that the inst.i.tution of the Cincinnati should be innocently conceived by one order of American citizens, should raise in the other orders, only a slow, temperate, and rational opposition, and should be viewed in Europe as a detestable parricide.

The second and third branches of this subject, n.o.body can better execute than M. de Meusnier. Perhaps it may be curious to him to see how they strike an American mind at present. He shall, therefore, have the ideas of one, who was an enemy to the inst.i.tution from the first moment of its conception, but who was always sensible, that the officers neither foresaw nor intended the injury they were doing to their country.

As to the question, then, whether any evil can proceed from the inst.i.tution, as it stands at present, I am of opinion there may. 1.

From the meetings. These will keep the officers formed into a body; will continue a distinction between the civil and military, which, it would be for the good of the whole to obliterate, as soon as possible; and military a.s.semblies will not only keep alive the jealousies and fears of the civil government, but give ground for these fears and jealousies. For when men meet together, they will make business, if they have none; they will collate their grievances, some real, some imaginary, all highly painted; they will communicate to each other the sparks of discontent; and these may engender a flame, which will consume their particular, as well as the general happiness. 2. The charitable part of the inst.i.tution is still more likely to do mischief, as it perpetuates the dangers apprehended in the preceding clause. For here is a fund provided, of permanent existence. To whom will it belong? To the descendants of American officers, of a certain description. These descendants, then, will form a body, having a sufficient interest to keep up an attention to their description, to continue meetings, and perhaps, in some moment, when the political eye shall be slumbering, or the firmness of their fellow citizens relaxed, to replace the insignia of the order, and revive all its pretensions. What good can the officers propose, which may weigh against these possible evils? The securing their descendants against want? Why afraid to trust them to the same fertile soil, and the same genial climate, which will secure from want the descendants of their other fellow citizens? Are they afraid they will be reduced to labor the earth for their sustenance? They will be rendered thereby both more honest and happy. An industrious farmer occupies a more dignified place in the scale of beings, whether moral or political, than a lazy lounger, valuing himself on his family, too proud to work, and drawing out a miserable existence, by eating on that surplus of other men's labor, which is the sacred fund of the helpless poor. A pitiful annuity will only prevent them from exerting that industry and those talents, which would soon lead them to better fortune.

How are these evils to be prevented? 1. At their first general meeting, let them distribute the funds on hand to the existing objects of their destination, and discontinue all further contributions. 2. Let them declare, at the same time, that their meetings, general and particular, shall thenceforth cease. 3. Let them melt up their eagles, and add the ma.s.s to the distributable fund, that their descendants may have no temptation to hang them in their b.u.t.ton-holes.

These reflections are not proposed as worthy the notice of M. de Meusnier. He will be so good as to treat the subject in his own way, and no body has a better. I will only pray him to avail us of his forcible manner, to evince that there is evil to be apprehended, even from the ashes of this inst.i.tution, and to exhort the society in America to make their reformation complete; bearing in mind, that we must keep the pa.s.sions of men on our side, even when we are persuading them to do what they ought to do.

Page 268. '_Et en effet la population_,' &c. Page 270. '_Plus de confiance_.'

To this, we answer, that no such census of the numbers was ever given out by Congress, nor ever presented to them: and further, that Congress never have, at any time, declared by their vote, the number of inhabitants in their respective States. On the 22nd of June, 1775, they first resolved to emit paper money. The sum resolved on was two millions of dollars. They declared, then, that the twelve confederate colonies (for Georgia had not yet joined them) should be pledged for the redemption of these bills. To ascertain in what proportion each State should be bound, the members from each were desired to say, as nearly as they could, what was the number of the inhabitants of their respective States. They were very much unprepared for such a declaration. They guessed, however, as well as they could. The following are the numbers, as they conjectured them, and the consequent apportionment of the two millions of dollars.

[Ill.u.s.tration: Population Estimates--1775, page422]

Georgia, having not yet acceded to the measures of the other States, was not quotaed; but her numbers were generally estimated at about thirty thousand, and so would have made the whole, two million four hundred and forty-eight thousand persons, of every condition. But it is to be observed, that though Congress made this census the basis of their apportionment, yet they did not even give it a place on their journals; much less, publish it to the world with their sanction. The way it got abroad was this. As the members declared from their seats the number of inhabitants which they conjectured to be in their State, the secretary of Congress wrote them on a piece of paper, calculated the portion of two millions of dollars, to be paid by each, and entered the sum only in the journals. The members, however, for their own satisfaction, and the information of their States, took copies of this enumeration, and sent them to their States. From thence, they got into the public papers: and when the English news-writers found it answer their purpose to compare this with the enumeration of 1783, as their principle is 'to lie boldly, that they may not be suspected of lying,' they made it amount to three millions one hundred and thirty-seven thousand eight hundred and nine, and ascribed its publication to Congress itself.

in April, 1785, Congress being to call on the States to raise a million and a half of dollars annually, for twenty-five years, it was necessary to apportion this among them. The States had never furnished them with their exact numbers. It was agreed, too, that in this apportionment, five slaves should be counted as three freemen only. The preparation of this business was in the hands of a committee; they applied to the members for the best information they could give them, of the numbers of their States. Some of the States had taken pains to discover their numbers. Others had done nothing in that way, and, of course, were now where they were in 1775, when their members were first called on to declare their numbers. Under these circ.u.mstances, and on the principle of counting three fifths only of the slaves, the committee apportioned the money among the States, and reported their work to Congress. In this, they had a.s.sessed South Carolina as having one hundred and seventy thousand inhabitants. The delegates for that State, however, prevailed on Congress to a.s.sess them on the footing of one hundred and fifty thousand only, in consideration of the state of total devastation, in which the enemy had left their country. The difference was then laid on the other States, and the following was the result.

[Ill.u.s.tration: Population Estimates--1785, page424]

Still, however, Congress refused to give the enumeration the sanction of a place on their journals, because it was not formed on such evidence, as a strict attention to accuracy and truth required. They used it from necessity, because they could get no better rule, and they entered on their journals only the apportionment of money. The members, however, as before, took copies of the enumeration, which was the ground work of the apportionment, sent them to their States, and thus, this second enumeration got into the public papers, and was, by the English, ascribed to Congress, as their declaration of their present numbers.

To get at the real numbers which this enumeration supposes, we must add twenty thousand to the number, on which South Carolina was quotaed; we must consider, that seven hundred thousand slaves are counted but as four hundred and twenty thousand persons, and add, on that account, two hundred and eighty thousand. This will give us a total of two millions six hundred and thirty-nine thousand three hundred inhabitants, of every condition, in the thirteen States; being two hundred and twenty-one thousand three hundred more, than the enumeration of 1775, instead of seven hundred and ninety-eight thousand five hundred and nine less, which the English papers a.s.serted to be the diminution of numbers, in the United States, according to the confession of Congress themselves.

Page 272.'_Comportera, peut etre, une population de 30,000,000_.' The territory of the United States contains about a million of square miles, English. There is, in them, a greater proportion of fertile lands, than in the British dominions in Europe. Suppose the territory of the United States, then, to attain an equal degree of population, with the British European dominions; they will have an hundred millions of inhabitants.

Let us extend our views to what may be the population of the two continents of North and South America, supposing them divided at the narrowest part of the isthmus of Panama. Between this line and that of 50 of north lat.i.tude, the northern continent contains about five millions of square miles, and south of this line of division, the southern continent contains about seven millions of square miles. I do not pa.s.s the 50th degree of northern lat.i.tude in my reckoning, because we must draw a line somewhere, and considering the soil and climate beyond that, I would only avail my calculation of it, as a make-weight, to make good what the colder regions, within that line, may be supposed to fall short in their future population. Here are twelve millions of square miles, then, which, at the rate of population before a.s.sumed, will nourish twelve hundred millions of inhabitants, a number greater than the present population of the whole globe is supposed to amount to.

If those who propose medals for the resolution of questions, about which n.o.body makes any question, those who have invited discussion on the pretended problem, Whether the discovery of America was for the good of mankind? if they, I say, would have viewed it only as doubling the numbers of mankind, and, of course, the quantum of existence and happiness, they might have saved the money and the reputation which their proposition has cost them. The present population of the inhabited parts of the United States is of about ten to the square mile; and experience has shown us, that wherever we reach that, the inhabitants become uneasy, as too much compressed, and go off, in great numbers, to search for vacant country. Within forty years, their whole territory will be peopled at that rate. We may fix that, then, as the term, beyond which the people of those States will not be restrained within their present limits; we may fix that population, too, as the limit which they will not exceed, till the whole of those two continents are filled up to that mark; that is to say, till they shall contain one hundred and twenty millions of inhabitants. The soil of the country, on the western side of the Mississippi, its climate, and its vicinity to the United States, point it out as the first which will receive population from that nest. The present occupiers will just have force enough to repress and restrain the emigrations, to a certain degree of consistence. We have seen, lately, a single person go, and decide on a settlement in Kentucky, many hundred miles from any white inhabitant, remove thither with his family and a few neighbors, and though perpetually hara.s.sed by the Indians, that settlement in the course of ten years has acquired thirty thousand inhabitants; its numbers are increasing while we are writing, and the State, of which it formerly made a part, has offered it independence.

Page 280, line five. '_Huit des onze Etats_,' &c. Say, 'there were ten States present; six voted unanimously for it, three against it, and one was divided: and seven votes being requisite to decide the proposition affirmatively, it was lost. The voice of a single individual of the State which was divided, or of one of those which were of the negative, would have prevented this abominable crime from spreading itself over the new country. Thus we see the fate of millions unborn, hanging on the tongue of one man, and Heaven was silent in that awful moment! But it is to be hoped it will not always be silent, and that the friends to the rights of human nature will, in the end, prevail.

On the 16th of March, 1785, it was moved in Congress, that the same proposition should be referred to a committee, and it was referred by the votes of eight States against three. We do not hear that any thing further is yet done on it.'

Page 286. '_L'autorite du Congres etoit necessaire_.' The substance of the pa.s.sage alluded to, in the journal of Congress, May the 26th, 1784, is, 'That the authority of Congress to make requisitions of troops, during peace, is questioned; that such an authority would be dangerous, combined with the acknowledged one of emitting or of borrowing money; and that a few troops only, being wanted, to guard magazines and garrison the frontier posts, it would be more proper, at present, to recommend than to require.'

Mr. Jefferson presents his compliments to M. de Meusnier, and sends him copies of the thirteenth, twenty-third, and twenty-fourth articles of the treaty between the King of Prussia and the United States.

If M. de Meusnier proposes to mention the facts of cruelty, of which he and Mr Jefferson spoke yesterday, the twenty-fourth article will introduce them properly, because they produced a sense of the necessity of that article. These facts are, 1. The death of upwards of eleven thousand American prisoners, in one prison-s.h.i.+p (the Jersey), and in the s.p.a.ce of three years. 2. General Howe's permitting our prisoners, taken at the battle of Germantown, and placed under a guard, in the yard of the State-house of Philadelphia, to be so long without any food furnished them, that many perished with hunger. Where the bodies lay, it was seen that they had eaten all the gra.s.s around them, within their reach, after they had lost the power of rising or moving from their place. 3. The second fact was the act of a commanding officer: the first, of several commanding officers, and, for so long a time, as must suppose the approbation of government. But the following was the act of government itself. During the periods that our affairs seemed unfavorable, and theirs successful, that is to say, after the evacuation of New York, and again after the taking of Charleston, in South Carolina, they regularly sent our prisoners, taken on the seas and carried to England, to the East Indies. This is so certain, that in the month of November or December, 1785, Mr. Adams having officially demanded a delivery of the American prisoners sent to the East Indies, Lord Caermarthen answered, officially, 'that orders were immediately issued for their discharge.' M. de Meusnier is at liberty to quote this fact. 4. A fact, to be ascribed not only to the government, but to the parliament, who pa.s.sed an act for that purpose, in the beginning of the war, was the obliging our prisoners, taken at sea, to join them, and fight against their countrymen. This they effected by starving and whipping them. The insult on Captain Stanhope, which happened at Boston last year, was a consequence of this. Two persons, Dunbar and Lowthorp, whom Stanhope had treated in this manner (having particularly inflicted twenty-four lashes on Dunbar), meeting him at Boston, attempted to beat him. But the people interposed, and saved him. The fact is referred to in that paragraph of the Declaration of Independence, which says, 'He has constrained our fellow citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.' This was the most afflicting to our prisoners, of all the cruelties exercised on them. The others affected the body only, but this the mind; they were haunted by the horror of having, perhaps, themselves shot the ball by which a father or a brother fell. Some of them had constancy enough to hold out against half-allowance of food and repeated whippings. These were generally sent to England, and from thence to the East Indies. One of them escaped from the East Indies, and got back to Paris, where he gave an account of his sufferings to Mr. Adams, who happened to be then at Paris.

M. de Meusnier, where he mentions that the slave-law has been pa.s.sed in Virginia, without the clause of emanc.i.p.ation, is pleased to mention, that neither Mr. Wythe nor Mr. Jefferson was present, to make the proposition they had meditated; from which, people, who do not give themselves the trouble to reflect or inquire, might conclude, hastily, that their absence was the cause why the proposition was not made; and, of course, that there were not, in the a.s.sembly, persons of virtue and firmness enough to propose the clause for emanc.i.p.ation. This supposition would not be true. There were persons there, who wanted neither the virtue to propose, nor talents to enforce the proposition, had they seen that the disposition of the legislature was ripe for it. These worthy characters would feel themselves wounded, degraded, and discouraged by this idea. Mr. Jefferson would therefore be obliged to M. de Meusnier to mention it in some such manner as this. 'Of the two commissioners, who had concerted the amendatory clause for the gradual emanc.i.p.ation of slaves, Mr. Wythe could not be present, he being a member of the judiciary department, and Mr. Jefferson was absent on the legation to France. But there were not wanting in that a.s.sembly, men of virtue enough to propose, and talents to vindicate this clause. But they saw, that the moment of doing it with success, was not yet arrived, and that an unsuccessful effort, as too often happens, would only rivet still closer the chains of bondage, and r.e.t.a.r.d the moment of delivery to this oppressed description of men. What a stupendous, what an incomprehensible machine is man! who can endure toil, famine, stripes, imprisonment, and death itself, in vindication of his own liberty, and, the next moment, be deaf to all those motives whose power supported him through his trial, and inflict on his fellow men a bondage, one hour of which is fraught with more misery, than ages of that which he rose in rebellion to oppose! But we must await, with patience, the workings of an overruling Providence, and hope that that is preparing the deliverance of these our suffering brethren. When the measure of their tears shall be full, when their groans shall have involved heaven itself in darkness, doubtless, a G.o.d of justice will awaken to their distress, and by diffusing light and liberality among their oppressors, or, at length, by his exterminating thunder, manifest his attention to the things of this world, and that they are not left to the guidance of a blind fatality.'

[The following are the articles of the treaty with Prussia, referred to in the preceding observations.]

Article 13. And in the same case, of one of the contracting parties being engaged in war with any other power, to prevent all the difficulties and misunderstandings, that usually arise respecting the merchandise heretofore called contraband, such as arms, ammunition, and military stores of every kind, no such articles, carried in the vessels, or by the subjects or citizens of one of the parties, to the enemies of the other, shall be deemed contraband, so as to induce confiscation or condemnation, and a loss of property to individuals. Nevertheless, it shall be lawful to stop such vessels and articles, and to detain them for such length of time, as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying, however, a reasonable compensation for the loss such arrest shall occasion to the proprietors: and it shall further be allowed to use, in the service of the captors, the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But in the case supposed, of a vessel stopped for articles heretofore deemed contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not, in that case be carried into any port, nor further detained, but shall be allowed to proceed on her voyage.

Article 23. If war should arise between the two contracting parties, the merchants of either country, then residing in the other, shall be allowed to remain nine months to collect their debts, and settle their affairs, and may depart freely, carrying off all their effects, without molestation or hindrance: and all women and children, scholars of every faculty, cultivators of the earth, artisans, manufacturers, and fishermen, unarmed, and inhabiting unfortified towns, villages, or places, and, in general, all others whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, and shall not be molested in their persons, nor shall their houses be burned or otherwise destroyed, nor their fields wasted by the armed force of the enemy, into whose power, by the events of war, they may happen to fall: but if any thing is necessary to be taken from them, for the use of such armed force, the same shall be paid for at a reasonable price. And all merchant and trading vessels, employed in exchanging the products of different places, and thereby rendering the necessaries, conveniences, and comforts of human life more easy to be obtained, and more general, shall be allowed to pa.s.s free and unmolested. And neither of the contracting parties shall grant or issue any commission to any private armed vessels, empowering them to take or destroy such trading vessels, or interrupt such commerce.

Article 24. And to prevent the destruction of prisoners of war, by sending them into distant and inclement countries, or by crowding them into close and noxious places, the two contracting parties solemnly pledge themselves to each other and the world, that they will not adopt any such practice: that neither will send the prisoners whom they may take from the other, into the East Indies or any other parts of Asia or Africa: but that they shall be placed in some part of their dominions in Europe or America, in wholesome situations; that they shall not be confined in dungeons, prison-s.h.i.+ps, nor prisons, nor be put into irons, nor bound, nor otherwise restrained in the use of their limbs. That the officers shall be enlarged, on their paroles, within convenient districts, and have comfortable quarters, and the common men be disposed in cantonments, open and extensive enough for air and exercise, and lodged in barracks as roomy and good, as are provided by the party, in whose power they are, for their own troops; that the officers shall be daily furnished by the party, in whose power they are, with as many rations, and of the same articles and quality, as are allowed by them, either in kind or by commutation, to officers of equal rank in their own army; and all others shall be daily furnished by them, with such rations as they allow to a common soldier in their own service; the value whereof shall be paid by the other party, on a mutual adjustment of accounts for the subsistence of prisoners, at the close of the war: and the said accounts shall not be mingled with, or set off against any others, nor the balances due on them, be withheld as a satisfaction or reprisal for any other article, or for any other cause, real or pretended, whatever. That each party shall be allowed to keep a commissary of prisoners, of their own appointment, with every separate cantonment of prisoners in possession of the other, which commissary shall see the prisoners as often as he pleases, shall be allowed to receive and distribute whatever comforts may be sent to them by their friends, and shall be free to make his reports, in open letters, to those who employ him. But if any officer shall break his parole, or any other prisoner shall escape from the limits of his cantonment, after they shall have been designated to him, such individual officer, or other prisoner, shall forfeit so much of the benefit of this article, as provides for his enlargement on parole or cantonment. And it is declared, that neither the pretence that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending this, or the next preceding article, but, on the contrary, that the state of war is precisely that for which they are provided, and during which, they are to be as sacredly observed, as the most acknowledged articles in the law of nature and nations.

LETTER CLII.--TO MR. RITTENHOUSE, January 25,1786

TO MR. RITTENHOUSE.

Paris, January 25,1786.

Dear Sir,

Your favor of September the 28th came to hand a few days ago. I thank you for the details on the subject of the southern and western lines.

There remains thereon, one article, however, which I will still beg you to inform me of; viz. how far is the western boundary beyond the meridian of Pittsburg? This information is necessary, to enable me to trace that boundary in my map. I shall be much gratified, also, with a communication of your observations on the curiosities of the western country. It will not be difficult to induce me to give up the theory of the growth of sh.e.l.ls, without their being the nidus of animals. It is only an idea, and not an opinion with me. In the Notes, with which I troubled you, I had observed that there were three opinions as to the origin of these sh.e.l.ls. 1. That they have been deposited even in the highest mountains, by an universal deluge. 2. That they, with all the calcareous stones and earths, are animal remains. 3. That they grow or shoot as crystals do. I find that I could swallow the last opinion, sooner than either of the others; but I have not yet swallowed it.

Another opinion might have been added, that some throe of nature has forced up parts which had been the bed of the ocean. But have we any better proof of such an effort of nature, than of her shooting a lapidific juice into the form of a sh.e.l.l? No such convulsion has taken place in our time, nor within the annals of history: nor is the distance greater, between the shooting of the lapidific juice into the form of a crystal or a diamond, which we see, and into the form of a sh.e.l.l, which we do not see, than between the forcing volcanic matter a little above the surface, where it is in fusion, which we see, and the forcing the bed of the sea fifteen thousand feet above the ordinary surface of the earth, which we do not see. It is not possible to believe any of these hypotheses; and if we lean towards any of them, it should be only till some other is produced, more a.n.a.logous to the known operations of nature. In a letter to Mr. Hopkinson, I mentioned to him that the Abbe Rochon, who discovered the double refracting power in some of the natural crystals, had lately made a telescope with the metal called platina, which, while it is as susceptible of as perfect a polish as the metal heretofore used for the specula of telescopes, is insusceptible of rust, as gold and silver are. There is a person here, who has. .h.i.t on a new method of engraving. He gives you an ink of his composition. Write on copper plates, any thing of which you would wish to take several copies, and, in an hour, the plate will be ready to strike them off; so of plans, engravings, &c. This art will be amusing to individuals, if he should make it known. I send you herewith, the Nautical Almanacs for 1786, 1787, 1788, 1789, 1790, which are as late as they are published.

You ask, how you may reimburse the expense of these trifles? I answer, by accepting them; as the procuring you a gratification, is a higher one to me than money. We have had nothing curious published lately. I do not know whether you are fond of chemical reading. There are some things in this science worth reading. I will send them to you, if you wish it. My daughter is well, and joins me in respects to Mrs. Rittenhouse and the young ladies. After asking when we are to have the Lunarium, I will close with a.s.surances of the sincere regard and esteem, with which I am, Dear Sir, your most obedient,

humble servant,