Qforn^Il Ham ^rljunl SItbrarg Cornell University Library E 302.J45 1861 v.1-9 Writings of Thomas Jefferson: 3 1924 024 905 030 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024905030 THE WEITINGS THOMAS JEFFERSON: BEING HIS AUTOBIOGRAPHY, COERESPONDENCE, REPORTS, MESSAGES, ADDRESSES, AKD OTHER WRITINGS, OFFICIAL AND PRIVATE. rUBLISHED BY THE OKDEB OF THE JOINT COMMITTEE OF CONGKESS ON THE LIBRARY, FROM THE ORIGINAL MANUSCRIPTS, DEPOSITED IN THE DEPARTMENT OF STATE. WITH EXPLANATORY NOTES, TABLES OF CONTENTS, AND A COPIOUS INDEX TO EACH VOLUME, AS WELL AS A GENERAL INDEX TO THE WHOLE, BY THE EDITOR H. A. WASHINGTON. yoL. I. NEW YOEK: PUBLISHED BY JOHN C. RIKER, 129 FULTON STREET. TAYLOR &. MAURT, WASHINGTON, D. C. 1853. Enlered, according lo Act of Congress, in Ibe year 1S53, by TAYLOR & MAURY, In the Clerk's Office of the Dislrict Co\irt for tlie Dislrict of Culuinbia. 81'Ii;Rli;0TYPL.D BY PRIHTEE BY THOMAS B. SMITE, JOHN A. GRAY, 210 WiUiam St., N. Y. 97 Cliff Street. PREFAO E. Mr. Jefferson having, by his last will and testament, bequeathed to his grandson, Thomas Jefferson Eandolph, all his manuscript papers, Congress, by an act of the 12th of April, 1848, made an appropriation for the purpose of purchasing them for the Government ; and, by the same act, an additional appropriation was made to print and publish them under the direction and supervision of the Joint Committee on the Library. It is under the authority of this act that the present pub- lication is made. The immense mass of manuscript left by Mr. Jefferson having been deposited with the Editor, he has carefully gone through tho whole, and selected from it, for the present publication, everything which possesses permanent public interest either on account of its intrinsic value, or as matter of history, or as illustrating the character of the dis- tinguished Author, or as embodying his views upon the almost infinite variety of topics, philosophical, moral, religious, scientific, historical, and political, so ably discussed by him — thus making this work a complete depository of the writings of Thomas Jefferson. Under the view which the Editor has taken of his editorial duties, and the instructions of the Li- • brary Committee, he has not felt himself at liberty to encumber the pub- lication with matter of his own farther than is necessary to illustrate the text. Such notes as have been appended will, therefore, be found to be purely explanatory and historical in their character. Uuder the impress- ion that the value of such publications as the present depends much upon facility of reference, a particular Index has been appended to each volume as well as a general Index to the whole. CONTENTS TO VOL. I. BOOK I. Autobiography, 1. Appendix to Autobiography, 111. BOOK n. Part I— Letters written before his Mission to EuKope — (1773- 1783), 181. Part II — Letters written while in Europe — (1784-1790), 338. Adams, John, letters written to, 205, 356,' 358, 365, 370, 376, 378, 410, ' 436, 437, 460, 486, 492, 497, 510, 501, 611, 629, 569, 584, 591. Aranda, Count de, letter written to, 470. Auberteuil, Hilliard d', 535. Bancroft, Dr., letter written to, 535. Bannister, J. Jr., letter written to, 466. Bellini, Mr., letter written to, 443. Buchanan and Hay, letter written to, 678. Campbell, Colonel, letter written to, 295. Carmichael, William, letters written to, 392, 469, 473, 651, 679, Carr, Peter, letter written to, 395. Gary, Colonel A., letters written to, 197, 507. Castries, Monsieur de, letters written to, 361, 374. Cathalan, Monsieur, letter written to, 600. Chastellux, Chevalier de, letters written to, 321, 339. Pommissioners of the French Treasury, letter written to, 519. Crevecoeur Monsieur de, letter written to, 594. Vi OONTENTS TO VOL. I. Delegates in Congress, from Georgia, letter written to, 500. " " from Virginia, letters written to, 287, 307. Desbordes, Monsieur, letter written to, 402. Drayton, William, letter written to, 554. Dumas, W. F., letters written to, 528, 552. Dumas and Short, letter written to 415. Forrest, Colonel Uriih, letter written to, 338. Franklin, Dr. Benjamin, letters written to, 204, 448, 525. Franklin, W. T., letter written to, 655. French and Nephew, letter written to, 362. Gates, Major General, letters written to, 238, 251, 254, 260, 262, 266, 268, 275, 294, 314. Geisner, Baron, letter written to, 427. Gerry, Eldridge, letters written to, 454, 556. Governor of Georgia, letter written to, 499. " Maryland, letter written to, 343. " Virginia, letters written to, 402, 51-3, 599. Greene, Major General, letter written to, 509. Hartley, David, letter written to, 422. Henry, Patrick, letter written to, 212. Hogendorp, letter written to, 463. Hopkinson, R, letters written to, 440, 503. Humphreys, Colonel, letters written to, 496, 559. Izard, E., letter written to, 441. Jay, John, letters written to, 332, '339, 344, 380, 384, 403, 408, 452, 457, 522, 537, 538, 543, 545, 571, 573, 574, 582, 602. Jones, John Paul, letters written to, 391, 594. Jones, Joseph, letter written to, 353. La Fayette, letters written to, 311, 579, 696. La Luzerne, Chevalier de, letter written to, 326. Lamhe, Mr., letter written to, 681. La Morleiiie, Monsieur, letter written to, 578, Langdon, Jolin, letter written to, 428. La Valee, Monsieur de, letter written to, 429. CONTENTS TO VOL. I. vii La Eouene, Marquis de, letter written to, 512. Lee, Richard Henry, letters written to, 204, 540. Livingston, Robert R. letters written to, 320, 32V, 330, 331. From, 329, 331. Madison, James, letters written to, 315, 324, 412, 431, 446, 631. Marbois, Monsieur de, letter written to, 297. Mathews, Colonel,' letter written to, 233. McPherson, Charles, letter written' to, 195. Monroe, James, letters written to, Sll, 346, 368, 405, 626, 564, 586, 605. From, 316. O'Bryan, Richard, letter written to, 47'7. Osgood, Samuel, letter written to, 450. Otto, Mr. letter written to, 558. Page, John, letters written to, 181, 184, 186, 188, 189, 190, 191, 193, 210, 399, 648. Pleasants, T.,, letter written to, 563. Poncens, Marquis de, letter written to,' 430. Portail, Monsieur du, letter written to 357, President of Congress, letters written to, 285, 287, 299, 300, 301, 302, 3p3, 304. Price, Dr., letter written to, 376. Randolph, Edmund, letters written to, 312, 433. Randolph, John, letters written to, 200, 202. Riedesel, General de, letter written to, 240. Rittenhouse, David, letters written to, 210, 516. Ross, James, letter written to, 560. St. Victour and Bettinger, letter written to, 670. Seward, W. W., letter written to, 478. Short, William, letter written to, 372. Small, Dr. William,, letter written to, 198. Steptoe, Mr., letter written to, 323. SteveiHS, General Edward, letters written to, 244, 250, 262, 263, 274, 278. Stewart, A., letter written to, 517. Style, Dr., letter written to, 363. I viii CONTENTS TO VOL. I. Thompson, Charles, letters writtea to, 354, 542. Thulemeyer, Baron de, letters written to, 368, 469. Trist, Mrs., letter written to, 394. linger, John Louis de, letter written to, 2 '7 8. Van Staphorst, N. & J., letters written to, 369, 461, 471. Vergennes, Count de, letters written to, 385, 456, 4'79, 490, 537, 547, 5l1. Washington, George, letters written to, 221, 225, 230, 231, 232, 235, 237, 239, 241, 243, 249, 255, 257, 265, 267, 268, 270, 271, 276, 279, 282, 291, 292, 296, 297, 304, 305, 309, 313, 325, 333. From, 328. Wythe, George, letter written to, 211. * (address lost), 207, 246, 272, 289. BOOK I. AUTOBIOGRAPHY, WITH APPENDIX viii CONTENTS TO VOL. I. Thompson, Charles, letters writtsQ to, 354, S42. Thulemeyer, Baron de, letters written to, 368, 469. Trist, Mrs., letter written to, 394.- linger, John Louis de, letter written to, 2 VS. Van Staphorst, N. & J., letters written to, 369, 461, 471. Vergennes, Count de, letters written to, 385, 456, 479, 490, 537, 547, 577. Washington, George, letters written to, 221, 225, 230, 231, 232, 235, 237, 239, 241, 243, 249, 255, 257, 265, 267, 268, 270, 271, 276, 279, 282, 291, 292, 296, 297, 304, 305, 309, 313, 325, 333. From, 328. Wythe, George, letter written to, 211. * (address lost), 207, 246, 272, 289, BOOK I. lUTOBIOGHAPHY, WITH APPENDIX INTRODUCTORY TO BOOK I. In the arrangement which has been adopted, Book I. compfisea the Autobiography and Appendix. The Autobiography extends to the 21st of March, 1790, when Mr. Jefferson arrived in New York to enter upon the duties of the Department of State, and embraces a variety of important subjects, such as the rise and progress of the difficulties between Great Britain and her North American Colonies — the eireum- stances connected with the Declaration of Independence — the debates in Congress upon the adoption thereof, as reduced to writing by Mr. Jefferson at the time — the history of the Articles of Confederation — early stages of the French Revolution — re- vision of the Penal Code of Virginia — abolition of her laws of Primogeniture — over- throw of her Church Establishment — Act of Keligious Freedom, &c. — all matter interesting in itself, but rendered particularly so by the fact that it comes from one who was himself a chief actor in the scenes which he describes. BOOK I. AUTOBIOGRAPHY, WITH APPENDIX. January 6, 1821. At the age of 77, 1 begin to make some memoranda, and state some recollections of dates and facts con- cerning myself, for my own more ready reference, and for the information of my familyl The tradition in my father's family was, that their ancestor came to this country from Wales, and from near the mountain of Snpwdon, the highest in Great Britain. I noted once a case from Wales, in the law reports, where a person of our name was either plaintiff or defendant ; and one of the same name was secretary to the Virginia Company. These are the only in- stances in which I have met with the name in that country. I have found it in our early records ; but the first particular infor- mation I have of any ancestor was of my grandfather, who lived at the place in Chesterfield called Ozborne's, and owned the lands afterwards the glebe of the parish. He had three sons ; Thomas who died young. Field who settled on the waters of Roanoke and left numerous descendants, and Peter, my father, who settled on the lands I still own, called Shadwell, adjoining my present residence. He was born February 29, 1707-8, and intermarried 1739, with Jane Randolph, of the age of 19, daugh- ter of Isham Randolph, one of the seven sons of that name and family, settled at Dungeoness in Goochland. They trace their pedigree far back in England and Scotland, to which let every one ascribe the faith and merit he chooses. VOL. I. 1 2 JEFFERSON'S WOEKS. My father's education had been quite neglected ; but being of a strong mind, sound judgment, and eager after information, he read much and improved himself, insomuch that he was chosen, with Joshua Pry, Professor of Mathematics in William and Mary college, to continue the boundary line between Virginia and North Carolina, which had been begun by Colonel Byrd ; and was af- terwards employed with the same Mr. Pry, to make the first map of Virginia which had ever been made, that of Captain Smith being merely a conjectural sketch. ,They possessed excellent materials for so much of the country as is below the blue ridge ; little being then known beyond that ridge. He was the third or fourth settler, about the yeai; 1737, of the part of the country in which I live. He died, August 17th, 1757, leaving my mother a widow, who lived till 1776, with six daughters and two sons, myself the elder. To my younger brother he left his estate on James River, called Snowden, after the supposed birth-place of the family : to myself, the lands on which I was bom and live. He placed me at the English school at five years of age ; and at the Latin at nine, where I continued until his death. My teacher, Mr. Douglas, a clergyman from Scotland, with the ru- diments of the Latin and Greek languages, taught me the French ; and on the death of my father, I went to the Reverend Mr. Mauryj a correct classical scholar, with whom I continued two years ; and then, to wit, in the spring of 1760, went to William and Mary college, where I continued two years. It was my great good fortune, and what probably fixed the destinies of my life, that Dr. William Small of Scotland, was then professor of Mathematics, a man profound in most of the useful branches of science, with a happy talent of communication, correct and gen- tlemanly manners, and an enlarged and liberal mind. He, most happily for me, became soon attached to me, and made me his daily companion when not engaged in the school ; and from his conversation I got my first views of the expansion of science, and of the system of things in which we are placed. Fortu- nately, the philosophical chair became vacant soon after my ar- rival at college, and he was appointed to fill it 'per interim : and AUT.OBIOGRAPHY. 3 he was the first who ever gave, in that college, regular lectures in Ethics, Rhetoric and Belles lettres. He returned to Europe in 1762, having previously filled up the measure of his goodness to me, by proctifing for me, from his most intimate friend, George Wythe, a reception as a student of law, under his direction, and introduced me to the acquaintance and familiar table of Governor Fauquier, the ablest man who had ever filled that office. With him, and at his table, Dj?. Small and Mr. Wythe, his amid om- nium hoi'arum, and myself, formed a partie quarree, and to the habitual conversations on these occasions I owed much instruc- tion. Mr. Wythe continued to be my faithful and beloved men- tor in youth, and my most affectionate friend through life. In 1767, he led me into the practice of the law at the bar of the General court, at which I continued until the Revolution shut up the courts of justice.* In 1769, I became a member of the legislature by the choice of the county in which I live, and so continued until it was closed by the Revolution. I made one efi"ort in that body for the permission of the emancipation of slaves, which was rejected : and indeed, during the regal government, nothing liberal could expect success. Our minds were circumscribed within narrow limits, by an habitual belief that it was our duty to be subordi- nate to the mother country in all matters of government, to di- rect all our labors in subservience to her interests, and even to observe a bigoted intolerance for all religions but hers. The dif- ficulties with our representatives were of habit and despair, not of reflection and conviction. Experience soon proved that they could bring their minds to rights, on the first summons of their attention. But the King's Council, which acted as another house of legislature, held their places at will, and were in most humble obedience to that will : the Governor too, who had a negative on our laws, held by the same . tenure, and with still greater de- votedness to it : and, last of all, the Royal negative closed the last door to every hope of amelioration. * [See Appendix, note A.] 4 JEFFERSON'S "WORKS. On the 1st of January, 1772, 1 was married to Martha Skelton, widow of Bathurst Skelton, and daughter of John Wayles, then twenty-three years old.' Mr. Wayles was a lawyer of much prac- tice, to which he was introduced more by his great industry, punctuality, and practical readiness, than by eminence in the science of his profession. ' He was a most agreeable companion, full of pleasantry and good humor, and welcomed in every so- ciety. He acquired a handsome fortune, and died in May, 1773, leaving three daughters : the portion which came on that event to Mrs. Jefferson, after the debts should be paid, which were very considerable, was about equal to my own patrimony, and conse- quently doubled the ease of our circumstances. When the famous Resolutions of 1765, against the Stamp-act, were proposed, I was yet a student of law in Williamsburgh. I attended the debate, however, at the door ' of the lobby of the House of Burgesses, and heard the splendid display of Mr. Hen- ry's talents as a popular orator. They were great indeed ; such as I have never heard from any other man. He appeared to me to speak as Homer wrote. Mr. Johnson, a lawyer, and member from the Northern Neck, seconded the resolutions, and by him the learning and the logic of the case were chiefly maintained. My recollections of these transactions may be seen page 60 of the life of Patrick Henry, by Wirt, to whom I furnished them. In May, 1769, a meeting of the General Assembly was called by the Governor, Lord Botetourt. I had then become a member ; and to that meeting became known the joint resolutions and ad- dress of the Lords and Commons, of 1768-9, on the proceedings in Massachusetts. Counter-resolutions, and an address to the King by the House of Burgesses, were agreed to with little op- position, and a spirit manifestly displayed itself of considering the the cause of Massachusetts as a common one. The Governor dissolved us : but we met the next day in the Apollo* of the Raleigh tavern, formed ourselves into a voluntary convention, drew up articles of association against the use of any merchan- dise imported from Great Britain, signed and recommended them [* The name of a public room in the Ealeigh.] AUTOBIOGEAPHY. 5 to the people, replaired to our several counties, and were re-elected "without any other exception than of the very few who had de- clined assent to our proceedings. Nothing of particular excitement occurring for a considerable time, our countrymen seemed to fall into. a state of insensibility to QUI situation ; the dlity on tea, not yet repealed, and the decla- ratory act of a right in the British Parliament to bind us by their laws in all cases whatsoever, still suspended over us. But a court of inquiry held in Rhode Island in 1762, with a power to send persons to England to be tried for offences <;ommitted here, was considered, at our session of the spring of 1773, as demanding attention. Not thinking our old and leading members up to the point of forwardness and zeal which the times required, Mr. Henry, Richard Henry Lee, Francis L. Lee, Mr. Carr and my- self agreed to meet in the evening, in a private room of the Raleigh, to consult on the state of things. There may have been a member or two more whom I do not recollect. We were all sensible that the most urgent of all measures was that of coming to an understanding with all the other colonies, to consider the British claims as a common cause to all, and to produce a unity of action : and, for this purpose, that a committee of corre- spondence in each colony would be the best instrument for inter- communication : and that their first measure Avould probably be, to propose a meeting of deputies from every colony, at some cen- tral place, who should be charged with the direction of the meas- ures which should be taken by all. We, therefore, drew up the resolutions which may be seen in Wirt, page 87. The consult- ing members proposed to me to move them, but I urged that it should be done by Mr. Oarr, my friend and brother-in-law, then a new member, to whom I wished an opportunity should be given of making known to the house his great worth and talents. It was so agreed ; he moved them, they were agreed to 7iem. con., and a committee of conrespondence appointed, of whom Peyton Randolph, the speaker, was chairman. The Governor (then Lord Dunmore) dissolved us, but the committee met the next day, pre- pared a circular letter to the speakers of the other colonies, in- 6 JEFFERSON'S WOEKS. closing to each a copy of the resolutions, and left it in charge with their chairman to forward them by expresses. The origination of these committees of correspondence be- tween the colonies has been since claimed for Massachusetts, and Marshall* has given into this error, although the very note of his appendix to which he refers, shows th3,t their establishment was confined to their own towns. This matter will be seen clearly stated in a letter of Samuel Adams Wells to me of- April 2nd, 1819, and my answer of May 12th. I was corrected by the letter of Mr. Wells in the information I had ' given Mr. Wirt, as stated in his note, page 87, that the messengers, of Massachusetts and Virginia crossed each other on the way, bearing similar propo- sitions ; for Mr. Wells shows that Massachusetts did not adopt the measure, but on the receipt of our proposition, delivered at their next session. Their message, therefore, which passed oui's, must have related to something else, for I well remember Peyton Ran- dolph's informing me of the crossing of our messengers.^ The next event which excited our sympathies for Massachu- setts, was the Boston port bill, by which that port was to be shut up on the 1st of June, 1.774. This arrived while we were in session in the spring of that year. The lead in the House, on these subjects, being no longer left to the old members, Mr. Henry, R. H. Lee, Fr. L. Lee, three or four other members, whom I do not recollect, and myself, agreeing that we must boldly take an unequivocal stand in the line with Massachusetts, determined to meet and consult on the proper measm-es, in the council-chamber, for the benefit of the library in that room. We were under conviction of the necessity of arousing our people from the lethargy into which they had fallen, as to passing events ; and thought that the appointment of a day of general fasting and prayer would be most likely to call up and alarm their attention. No example of such a solemnity had existed since the days of our distresses in the war of '55, since which a new generation had grown up. With the help, therefore, of Rushworth, whom we rummaged over for the revolutionary precedents and forms of • Life of Washington, vol. ii,, p. 151. [f See Appendix, note B.] . AUTOBIOGRAPHY. 7 the Puritans of that day, preserved by him, we cooked up a reso- lution, somewhat modernizing their phrases, for appointing the 1st day of June, on which the .port-bill was to commence, for a day of fasting, humiliation, and prayer, to implore Heaven to avert from us the evils of civil war, to inspire us with firmness in support of our rights, and to turn the hearts of the King and Parliament to moderation and justice. To give greater emphasis to our proposition, we agreed , to wait the next morning on Mr. Nicholas, whose grave and religious character was more in unison with the tone of our resolution, and to solicit him to move it. We accordingly went to him in the morning. He moved it the same day ; the 1st of June was proposed ; and it passed without opposition. The Governor dissolved us, as usual. We retired to the Apollo, as before, agreed to an association, and instructed the committee. of correspondence to propose to the corresponding committees of the other colonies, to appoint deputies to meet itf Congress at such place, annually, as should be convenient, to di- rect, from time to time, the measures required by the general in- terest : and.we de9lared that an attack on any one colony, should be considered as an attack on the whole. This was in May. We further recommended to the several counties to elect deputies to meet dX Williamsburgh, the 1st of August ensuing, to consider the state of the colony, and particularly to appoint delegates to a general Congress, should that measure be acceded to by the com- mittees of correspondence generally. It was acceded to ; Phila- delphia was appointed for the place, and the 5th of September for the time of meeting. We returned home, and in om- several counties invited the clergy to meet assemblies of the people on the 1st of June, to perform the ceremonies of the day, and to ad- dress to them discourses suited to the occasion. The people met generally, with anxiety and alarm in their countenances, and the effect of. the day, through the whole colony, was like a shock of electricity, arousing every man, and placing him erect and solidly on his centre. They chose, universally, delegates for the con- vention. Being elected one for my own county, I prepared a draught of instructions .to be given to the delegates whom we 8 JEFFERSON'S WORKS. should send ' to the Congress, which I meant to propose at our meeting* In this I took the ground that, from the beginning, I had thought the only one orthodox or tenable, which was, that the relation between Great Britain and these colonies was ex- actly the same as that of England and Scotland, after the acces- sion of James, and until the union, and the same as her present relations with Hanover, having the same executive chief, but no qther necessary political connection ; and that our emigration from England to this country gave her no more rights over us, than the emigrations of the Danes and Saxons gave to the present authorities of the mother country, over England. In this doc- trine, however, I had never been able to get any one to agree with me but Mr. Wythe. He concurred in it from the first dawn of the question, What was the political relation between us and England,? Our other patriots, Randolph, the Lees, Nicholas, Pen- dleton, stopped at . the half-way house of John Dickinson, who admitted that England had a right to regxolate'our commerce, and to lay duties on it for the purposes of regulation, but not of rais- ing revenue. But for this ground there was no foundation in compact, in any acknowledged principles of colonization, nor in reason : expatriation being a natural right, and acted on as such, by all nations, in all ages. I set out for Williamsburg some days before that appointed for our meeting, but was taken ill of a dys- entery on the road, and was unable to proceed. I sent on, there- fore, to Williamsburgh, two copies of my draught, the one under cover to Peyton Randolph, who I knew would be in the chair of the convention, the other to Patrick Henry. Whether Mr. Henry disapproved the ground taken, or was top lazy to read it (for he was the laziest man in reading I ever knew) I never learned : but he commmiicated it to nobody. Peyton Randolph informed the convention he had received such a paper from a member, pre- vented by sickness from offering it in his place, and he laid it on the table for perusal. It was read generally by the members, ap- proved by many, though thought too bold for the present state of things ; but they printed it in pamphlet form, under the title of [* Sec Appendix, note C] AUTOBIOGRAPHY. 9 " A Summary View of the Rights, of British America." It foimd its way to England, was taken np by the. opposition, interpolated a little by Mr. Burke so as to make it answer opposition pur- poses, and in tha;t form ran rapidly through several editions. This information I had from Parson Hurt, who happened at the time to be in London, whither he had gone to receive clerical . orders ; and I was informed afterwards by Peyton Randolph, that it had procured me the honor of having my name inserted in a -long list of proscriptions, enrolled in a bill of attainder commenced in one of the Houses of Parliament, but suppressed in embryo by the hasty step of events, which warned them to be a littje cautious. Montague, agent of the House of Burgesses in England, made extracts frohi the bill, copied the names, and sent them to Peyton" Randolph. The names, I think, were about twenty, which he repeated to me, but I recollect those only of Hancock, the two Adamses, Peyton Randolph himself, Patrick Henry, and myself.* The .convention met on the 1st of August, renewed their associ- ation, appointed delegates to the Congress, gave them instructions very temperately and properly expressed, both as to style and matter jf and they repaired to Philadelphia at the time appointed. The splendid proceedings of that Congress, at their first session, belong to general history, are known to every one, and need not therefore be noted here. They terminated their session on the 26th of October, to meet again on the 10th of May ensuing. The convention, at their ensuing session of March, '75, approved of the proceedings of Congress, thanked their delegates, and re- appointed the same persons to represent the colony at the meet- ing to be held in May : and foreseeing the probability that Pey- ton Randolph, their president, and speaker also of the House of Burgesses, might be called off, they added me, in that event, to the, delegation.- Mr. Randolph was, according to expectation, obliged to leave the chair of Congress, to attend the General Assembly summoned by Lord Dunmore, to meet on the 1st day of June, 1775. Lord * See Girardin's History of Virginia, Appendix No. 12. note. [f See Appendix, note D.] 10 JEFFERSON'S WORKS. North's conciliatory propositions, as they were called, had been received by the Governor, and furnished the subject for which this assembly was convened. Mr. Randolph accordingly attended; and the tenor of these propositions being generally known, as having been addressed to all the governors, he was anxious that < the answer of our Assembly, likely to be the first, should har- monize with what he knew to be the sentiments and wishes of the body he had recently left. He feared that Mr. Nicholas, whose mind was not yet up to the mark of the times, would un- dertake the answer, and therefore pressed me to prepare it. I did so, and, with his aid, carried it through the House, with long and doubtful scruples from Mr. Nicholas and Jarries Mercer, and a dash of cold water on it here and there, enfeebling it somewhat, but finally with unanimity, or a vote approaching it. This be- ing passed, I repaired immediately to Philadelphia, and conveyed to Congress the first notice they had of it. It was entirely ap- proved there. I took my seat with them on the 21st of June. On the 24th, a committee which had been appointed to prepare a declaration of the causes of taking up arms, brought in their report (drawn I belieye by J. Rutledge) which, not being liked, the House recommitted it, on the 26th, and added Mr. Dickinson and myself to the committee. On the rising of the House, the committee having not yet met, I happened to find myself near Governor W. LivingstoUj and proposed to him to draw the paper. He excused himself and proposed that I should draw it. On my pressing him with urgency, " we are as yet but new acquaint- ances, sir," said he, " why are you so earnest for my doing it ?" " Because," said I, " I have been informed that you drew the Ad- dress to the people of Great Britain, a production, certainly, of the finest pen in America." " On that," says he, " perhaps, sir, you may not have been correctly informed." I had received the in- formation in Virginia from Colonel Harrison on his return from that Congress. Lee, Livingston, and Jay had been the com- mittee for that draught. The first, prepared by Lee, had been disapproved and recommitted. The second was drawn by Jay, but being presented by Governor Livingston, had led Colonel AUTOBIOGRAPHY. 11 Harrison into the error. The next morning, walking in the hall of Congress, many members being asseinbled, but the House not yet formed, I observed Mr. Jay speaking to R. H. Lee, and lead- ing him by the button of his coat ^o me. " I understand, sir," said he to me, "that this gentleman informed you, that Governor Livingston drew the Address to the people of Great Britain." I assured him, at once, that I had not received that information from Mr. Lee, and that not a word had ever passed on the subject be- tween Mr. Lee and myself; and after some explanations the sub- ject was dropped. These gentlemen had had some spamngs in debate before, and continued, ever very hostile to each other. I prepared a draught of the declaration committed to us. It was too strong for Mr. Dickinson. He still retained the hope of reconciliation with the mother country, and was unwilling it should be lessened by oifensive statements. He was so honest a man, and so able a one, that 'he was greatly indulged even -by those who could not feel his scruples. We therefore requested him to take the paper, and put it into a forni he could approve. He did so, preparing an entire new statement, and preserving of the former only the last four paragraphs and half of the preceding one. We approved and reported it to Congress, who accepted it. Congress gave a signal proof of their indulgence to Mr. Dickinson, and of their great desire not to go too fast for any respectable part of our body, in permitting him to draw their second petition to the King according to his own ideas, and passing it with scarcely any amendment. The disgust against this humility was general ; and Mr. Dickinson's delight at its passage was the only circimi- stance which reconciled them to it. The vote being passed, al- though further observation on it was out of order, he could not refrain from rising and expressing his satisfaction, and concluded by saying, " there is but one word, Mr. President, in the paper which I disapprove, and that is the word Congress ;" on which Ben Harrison rose and said, " There is but one word in the paper, Mr. President, of which I approve, and that is the word Congress." On the 22d of July, Dr. Franklin, Mr. Adams, R. H. Lee, and 12 JEF'FEESON'S WORKS. myself, were appointed a committee to consider and report on Lord North's cu.iciliatory resolution. The answer of the Vir- ginia Assembly on that subject having been approved, I was re- quested by the committee to prepare this report, which will ac- count for the similarity of feature in the two instruments. On the 15th of May, 1776, the convention of Virginia in- structed their delegates in Congress, to propose to that body to declare the colonies independent of Great Britain, and appointed a committee to prepare a declaration of rights and plan of gov- ernment. *In Congress, Friday, June 7, 1776. The delegates from Vir- ginia moved, in obedience to instructions from their constituents, that the Congress should declare that these United colonies are, and of right ought to be, free and independent states, that they are absolved from all alkgiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved ; that measures should be immediately taken for procuring the assistance of foreign powers, and a Confederation be formed to bind the colonies more closely together. The House being obliged to attend at that time to some other business, the proposition was referred to the next day, when the members were ordered to attend punctually at ten o'clock. Saturday, June 8. They proceeded to take it into considera- tion, and referred it to a committee of the whole, into which they immediately resolved themselves, and passed that day and Mon- day, the 10th, in debating on the subject. It was argued by Wilson, Robert R. Livingston, E. Rutledge, Dickinson, and others — That, though they were friends to the measiu^es themselves, and saw the impossibility that we should ever again be united [* Here, in the original manuscript, commence the " two preceding sheets" referred to by Mr. Jefferson, page 26, as containing "notes" taken by him "whilst these things were going on." They are easily distinguished from the body of the MS. in which they were inserted by him, being of a paper very different in size, quality and color, from that in which the latter is written.] AUTOBIOGRAPHY. 13 with Great Britain, yet they were against adopting them at this time : That the conduct we had formerly observed was wise and proper now, of deferring to take any capital step till the voice of the people drove us into it : That they were our power, and without them our declararations could not he carried into effect : That the people of the middle colonies (Maryland, Delaware, Pennsylvania, the Jerseys and New York) were not yet ripe for bidding adieu to British connection, but that they were fast ripen- ing, arid, in a short time, would join in the general voice of America : That the resolution, entered into by this House on the 15th of May, for suppressing the exercise of all powers derived from the crown, had shown, by the ferment into which it had thrown these middle colonies, that they had not yet accommodated their minds to a separation from the mother country : That some of them had expressly forbidden their delegates to consent to such a declaration, and others had given no instruc- tions, and consequently no powers to give such consent : That if the delegates of any particular colony had no power to declare such colony independent, certain they were, the others could not declare it for them ; the colonies being as yet perfectly independent of each other : That the assembly of Pennsylvania was now. sitting above stairs, their convention would sit within a few days, the conven- tion of New York was now sitting, and those of the Jerseys and Delaware counties would meet on the Monday following, and it was probable these bodies would take up the question of Inde- pendence, and would declare to their delegates the voice of their state : That if such a declaration should now be agreed to, these d^l- egates must retire, and possibly their colonies might secede from the Union : That such a secession would weaken us more than coiJJ be compensated by any foreign alliance : 14 JEFFERSON'S WOE KS. That in the event of such a division, foreign powers would either refuse to join themselves to our fortunes, or, having us so much in their power as that desperate declaration would place us, they would insist on terms proportionahly more hard and preju- dicial : That we had little reason to expect an alliance with those to whom alone, as yet, we had cast our eyes : That France and Spain had reason to be jealous of that rising power, which would one day certainly strip them of all their American possessions : That it was more likely they should form a connection with the British court, who, if they should find themselves uriable otherwise to extricate themselves from their difficulties, would agree to a partition of our teritories, restoring Canada to France, and the Floridas to Spain, to accomplish for themselves a recov- ery of these colonies : That it would not be long before we should receive certain in- formation of the disposition of the French court, from the agent whom we had sent to Paris for that purpose : That if this disposition should be favorable, by waiting the event of the present campaign, which we all hoped would be suc- cessful, we should have reason to expect an alliance on better terms : That this would in fact work no delay of any efiectual aid from such ally, as, from the advance of the season and distance of our situation, it was impossible we could receive any assist- ance during this campaign : That it was prudent to fix among ourselves the terms on which we should form alliance, before we declared we would form one at all events : And that, if these were agreed on, and our Declaration of Inde- pendence ready by the time our Ambassador should be prepared to sail, it would be as well as to go into that Declaration at this day. On the other side, it was urged by J. Adams, Lee, Wythe, and others, that no gentleman had argued against the policy or the right of separation from Britain, nor had supposed it possible we AUTOBIOGRAPHY. 15 should ever renew our connection ; that they had only opposed its being now declared : That the question was not whether, by a Declaration of Inde- pendence, we should make ourselves what we are not ; but whether we should declare a fact which already exists : That, as to the people or parliament of England, we had al- ways been independent of them, their restraints on our trade de- riving efficacy from our acquiescence only, and not from any rights they possessed of imposing them, and that so f^-r, our con- nection had been federal only, and was now dissolved by the commencement of hostiUties : That, as to the King, we had been boimd to him by allegiance, but that this bond was now dissolved by his assent to the last act of Parliament, by which he declares us out of his protection, and by his levying war on us, a fact which had long ago proved us out of his protection ; it being a certain position in law, that allegi- ance and protection are reciprocal, the one ceasing when the other is withdrawn : That James the II. never declared the people of England out of his protection, yet his actions proved it, and the Parliament declared it : No delegates then can be denied^ or ever want, a power of de- claring an existing truth : That the delegates from the Delaware counties having declared their constituents ready to join, there are only two colonies, Penn- sylvania and Maryland, whose delegates are absolutely tied up, and that these had, by their instructions, only reserved a right of confirming or rejecting the measure : That the instructions from Pennsylvania might be accounted for from the times in which they were drawn, near a twelvemonth ago, since which the face of aifairs has totally changed : That within that time, it had become apparent that Britain was determined to accept nothing less than a carte-blanche, and that the King's answer to the Lord Mayor, Aldermen and Common Coimcil of London, which had come to hand four days ago, must have satisfied every one of this point : 16 JEFFERSON'S WORKS. That the people wait for us to lead the way : That they are in favor of the measures, though the instructions given by some of their representatives are not : That the voice of the representatives is not always consonant with the voice of the people, and that this is remarkably the case in these middle colonies : That the effect of the resolution of the 15th of May has proved . this, which, raising the murmurs of some in the colonies of Penn- sylvania and Maryland, called forth the opposing voice of the freer part of the people, and proved them to be the majority even in these colonies : That the backwardness of these two colonies might be as- cribed, partly to the influence of proprietary power and connections, and partly, to their having not yet been attacked by the enemy : That these causes were not likely to be soon removed, as there seemed no probability that the enemy would make either of these the seat of this summer's war : That it woTild be vain to wait either weeks or months for per- fect unanimity, since it was impossible that all men should ever become of one sentiment on any question : That the conduct of some colonies, from the beginning of this contest, had given reason to suspect it was their settled policy to keep in the rear of the confederacy, that their particular pros- pect might be better, even in the worst event : That, therefore, it was necessary for those colonies who had thrown themselves forward and hazarded all from the begimiing, to come forward now also, and put all again to their own hazard : That the history of the Dutch Revolution, of whom three states only confederated at first, proved that a secession of some colonies would not be so dangerous as some apprehended : That a declaration of Independence alone could render it con- sistent with Europeon delicacy, for European powers to treat with us, or even to receive an Ambassador from us : That till this, they would not receive our vessels into their ports, nor acknowledge the adjudications of our courts of admi- rality to be legitimate, in c^ses of capture of British vessels : autobiograph:y. 17 That though France and Spain may be jealous of our rising power, they must think it will be much more formidable with the addition, of Great Britain ; and will therefore see it their interest to prevent a coalition ; but should they refuse, we shall be but where we are ; whereas without trying, we Shall never know whether they will aid us or not : That the present campaign may be unsuccessful, and therefore '^ we had, better propose an alliance while our affairs wear a hope- ful, aspect : That to wait the event of this campaign will certainly work delay, because, during the sunimer, France may assist us effectu- ally, by Cutting off those supplies of provisions frgm England and Ireland, on which, the enemy's armies here are to depend ; or by setting in motion the great power they have collected in the West Indies, and calling out enemy to the defence of the possessions they have there : That it would be idle to lose time in settling the terms of alli- ance, till we had first determined we would enter into alliance: That it is necessary to lose no time in opening a trade for our people, who will want clothes, and will want money too, for the payment of taxes : And that the only misfortune is, that we did not enter into alli- ance with France six months sooner, as, besides opening her ports for the vent of our last year's produce, she might have marched an army into Germany, and prevented the petty princes there, from selling their unhappy subjects to subdue' us. It appearing in the course of these debates, that the colonies of New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina were not yet matured for falling from the parent stem, but that they were fast advancing to that state] it was thought most prudent to wait a while for them, and to postpone the final decision to July 1st ; but, that this might occasion as little delay as possible, a committee" was appointed to prepare a Declaration of Independence. The committee were John Adams, Dr. Franldin, Roger Sherman, Robert R. Livingston, and ipyself. Committee's were also appointed, at the same time, to prepare a VOL I 2 18 . JEFFEESON'S WOEKS. plan of confederation for the colonies, and to state the terms proper to be 'proposed for foreign alliance. The coinmittee for drawing the Declaration of Independence, desired me to do it. It was accordingly done, and being approved by them, I reported it to the House on Friday, the 28th of "June, when it was read, and ordered to lie on the table. On Monday; the 1st of July, the House resolved itself into a committee of the whole, and re- sumed the consideration of the original motion made by the dele- gates of Virginia, which, being again debated through the day, was carried in the affirmative by the votes of New Hampshire, Coimecticut, Massachusetts, Rhode Island, New Jersey, Maryland, Virginia, North Carolina and Georgia. South Carolina and Peim- sylvania voted against it. Delaware had but two members present, a,nd they were divided. The delegates from New York declared they were for it therhselves, and were assured their con- stitiients were for it ; but that their instructions having been drawn near a twelvemonth before, when reconciliation was still the general object, they were enjoined by them to do nothing which should impede that object. They, therefore, thought themselves not justifiable in voting on either side, and asked leave to withdraw from the question ; which was given them. The committee rose and reported their resolution to the House. Mr. Edward Rutledge, of South Carolina, then requested the deter- mination might be put off to the next day, as he believed his colleagues, though they disapproved of the resolution, would then join in it for the sake of unanimity. The ultimate question, whether the House would agree to the resolution of the com- mittee, was accordingly postpoiied to the next day, when it was again moved, and South Carolina concurred in voting for it. In the meantime, a third member had come post from the Delaware counties, and turned the vote of that colony in favor of the reso- lution. Members of a different sentiment attending that morning from Pennsylvania also, her vote was changed, so that the whole twelve colonies who were authorized to vote at all, gave their voices for it ; and, within a few days,* the convention of New * July 9. AUTOBIOGRAPHY. 19 York approved of it, and thus supplied the void occasioned by the withdrawing of her delegates from the vote. Congress proceeded the same day to consider the Declaration of Independence, which had been reported and lain on the table the Friday preceding, and on Monday referred to a committee of the whole. The pusillanimous idea that we had friends in Eng- land worth keeping terms with, still haimted the minds of many. For this reason, those passages which conveyed censures on the •people of England were struck out., lest they should give them offence. The clause too, reprobating the enslaving the inhabit- ants.of Africa, was struck out in complaisance to South Carolina and Georgia, who had never attempted to restrain the importation of slaves, and who, on the contrary, still wished to continue it. Our northern brethren also, I believe, felt a.little tender under those censures ; for though their people had very few slaves themselves, yet they had been pretty considerable carriers of them to others. The debates, having taken up the greater parts of the 2d, 3d, and 4th days of July, were, on the evening of the last, closed ; the Declaration was reported by the committee, agreed to by the House, and signed by every member present, except Mr. Dickin- son. As the sentiments of men are known not only by what they receive, but what they reject also, I will state the form of the Declaration as originally reported. The parts struck out by Congress shall be distiiiguished by a black line drawn under them ;* and those inserted by them shall be placed in the margin, or in a concurrent column. A Declaration by the Representatives of the United States of America, in General Congress assembled. When, in the course of himian events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to as- sume among the powers of the earth the separate and [* In this publicatioii, the parts struck out are printed ia Italics and inclosed in bracliets.] 20 JEFFERSON'S WORKS. equal station to which the laws of nature and of na- ture's God entitle them, a decent respect to the opin- ions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self evident : that all men are .created equal ; that they are endowed by certam their Creator with [inherent and] inalienable rights ; ' that among these are life, liberty, and the pursuit of happiness ; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of government becames destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to eflFect their safety and happiness. Prudence, indeed, wjll dictate that governments long established should not be changed for light "and transient causes ; and accordingly all ex- perience hath shown that manltind are more disposed to suffer while evils are sufferable, than to right them- selves by abblishing the forms to which they are ac- customed. But when a long train of abuses and usurp- ations, [begun at a distinguished period and] pursu- ing invariably the same object, evinces a design to re- duce them under absolute despotism, it is their right, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies ; and such is now the necessity which constrains them to alter [expunge] their former systems of government. The history of the present king of Great Britain is a his- rcpeaieci tory of [unremitting] injuries and usurpations, [among which appears no solitary fact to contradict the uniform all having tcnor of the rest, but all have] in direct object the establishment of an absolute tyranny over these states. AUTOBIOGRAPHY. 21 To prove this, let facts be submitted to a candid world [for the. truth of which we pledge a faith yet unsullied by falsehood.^ He has refused his assent to laws the most whole- some and necessary for the public good. He has forbidden his governors to pass laws of im- mediate and pressing importance, unless suspended in their operation till his assent should be obtained ; and, when so suspended, he.has utterly neglected to attend to them. He has refused to pass other laws for the accommo- • dation of large districts of people, unless those people would relinq^uish the right of representation in the legislature, a right inestimable to them, and formidable to t3n:ants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the deposi- tory of their public records, for the sole purpose of fatiguing theni into compliance with his measures. He has dissolved representative houses repeatedly [and continually} for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time after such dissolu- tions to cause others to be elected, whereby the legis- lative powers, incapable of annihilation, have returned to the people at large for their exercise, the state re- maining, in the meantime, exposed to all the dangers of invasion from without and convulsions within. He has endeavored to prevent the population of these states ; for that purpose obstructing the laws i"or naturalization of foreigners, refusing to pass others to encourage their migrations hither, and raising the con- ditions of new a,ppropriations of lands. He has [suffered^ the administration of justice [to- obsiructeci tally to cease in some of these states] refusing his as- by sent to laws for establishing judiciary powers. 22 JEFFERSON'S "WORKS. in many cases colonics by doclaring iis out of hia pro- tection, and waging war against ns. He has made [our] judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, [by a self-assumed power] and sent hither swarms of new officers to harass our people and eat out their suh- stance. He has kept among us in times of peace standing armies [and ships of war] without the consent of our legislatures. He has affected to render the military independent of, and superior to, the civil power. He has combiaed with others to subject us to a ju- risdiction foreign to owe constitutions and unacknowl- edged by our laws, giving his assent to their acts of pretended legislation for quartering large bodies of armed troops among us ; for protecting them by a mock trial from punishment for any murders which they should commit on the inhabitants of these states ; for cutting off our trade with aU parts of the world ; for imposing taxes on us without our consent ; for de- priving us [ ] of the benefits of trial by jury ; for trans- porting us beyond seas to be tried for pretended of- fences ; for abolishing the free system of English laws in a neighboring province, establishing therein an ar- bitrary government, and enlarging its boundaries, so as to render it at once an example and fit instriunent for introducing the same absolute rule into these [states] ; for taking away our charters, abolishing our most valuable laws, and altering fmadamentally the ■forms of our governments; for suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here [withdrawing his governors, and declaring us out of his allegiance and protection.] AUTOBIOGRAPHY. 23 He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the Uves of ouf peo- ple. . He is at this time transporting large armies of for- eign mercenaries to complete the works of death, deso- lation and tyranny already begun with circumstances of cruelty and perfidy f 1 unworthy the head of a scarcely parai- civilized nation. most barba- roue ages, and He has constrained our fellow citizens taken captive '""^"i' 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. He has [ ] endeavored to bring on the inhabitants uel^aurre"** of our frontiers, the merciless Indian savages, whose ^dhS""^™" known rule of warfare is an undistinguished destruc- tion, of all ages, sexes and conditions \of existence.^ [He has incited treasonable insurrections of ow fel- low citizens, with the allurements of forfeiture and confiscation of our property. He has waged cruel war against human nature it- self violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobium, of infidel powers, is the warfare of the CHKisTiAN king of Great Britain. Determined to keep open a market where men should be bought and sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce. And that this assemblage of hor- rors mdght want no fact of distinguished die, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them,, by m,urdering the people on whom he also ob- truded them : thus paying off former crimes committed 24 JEFFERSON'S WORKS. against the liberties of one people, with crimes which he urges them to comm/it against the lives of another.] In. every stage of these oppressions Ave have petition- ed for redress in the most humble terms : our repeated petitions have been answered only by repeated injuries. A prince whose character is thus marked by every act which may define a tyrant is unfit to be the ruler of free ^ [ ] people [who mean to be free. Future ages will scarcely believe that the hardiness of one man adven- tured, within the short compass Of twelve years only, to lay a foundation so broad and so undisguised for tyranny over a people fostered and fixed in principles of freedom.] Nor have we been wanting in attentions to our British brethrejx. We have warned them from time lbie"°™™°' to time of attempts by their legislature to extend [a] m jurisdiction ■ over [these our states]. We have re- minded them of the circumstances of our emigration and settlement here, [no one of which could warrant so strange a pretension : that these were effected at the expense of our own blood and treasure, unassisted by the wealth or the strength of Great Britain : that in constituting indeed our several forms of govern- Tnent, we had adopted one common king, thereby lay- ing a foundation for perpetual league and amity with them, : but that submission to their parliam,ent was no part of our constitution, nor ever in idea, if have history nuay be credited: and,] we [ ] appealed to ranTred'uilm ^^^"^"^ uatlve justicc and magnanimity [as well as to] ^'' the ties of our common kindred to disavow these usurpations which [were likely to] interrupt our con- nection and correspondence. They too have been deaf to the voice of justice and of consanguinity, [and iDhen occasions have been given them, by the regular course of their laws, of removing from their councils the disturbers of our harm,ony, they have, by would inevit- ably AUTOBIOGRAPHY. 25 their free election, re-established them in power. At this very time too, they are permitting their chief magistrate to send over not only soldiers of our com- mon blood, but Scotch and foreign mercenaries to in- vade and destroy us. These facts have given the last stab to agonizing affection, and manly spirit bids us to renounce forever these unfeeling brethren. We must endeavor to forget our former love for them,, and hold them, as we hold the rest of mankind, enemies in war, in peace friends. We might have been a free and a great people together; but a comm/unication of grandeur and of freedom, it seems, is below their dignity. Be it so, since they will have it. The road to happiness and to glory is open to us too. We will tread it apart from them, and] acquiesce in the necessity which ' denounces our [eternal] separa- tion [ ] ! We must therefore and hold them as we hold the rest of man- kind, enemies in wrir, in peace friends. We therefore the representa- tives of the United States of America in General Congress assembled, do in the name, and by the authority of the good people of these [states reject and renounce all allegiance and subjection to the kings of Great Britain and all others who may hereafter claim, by, through or under them ; we utterly dissolve all political connection which may heretofore have subsisted between us and the people or parliament of Great Britain : and jinally we do assert and declare these colonies to be free We, therefore, the representa- tives of the United States of America in General Congress assembled, appealing to the su- preme judge of the world for the rectitude of our intentions, do in the name, and by the au- thority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British crown, and that all political con- nection between them and the state of Great Britain is, and 26 JEFFERSON'S WORKS. and independent states^ and that as free and independen states, they have full power to levy war, conclude peace, con- tract alliances, establish com^ merce, and to do all other acts and things which independent states may of right do. And for .the support of this declaration, we mutually pledge to each other our lives, pur for- tunes, and our sacred honor. ought to be, totally dissolved ; arid that as free and independent states, they, have full power to levy ^ax, conclude j)eace, con- tract .alliances, establish com- merce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of divine prov- idence, we nautually pledge to each other our lives, our for- tuiies, and our sacred honor. The Declaration thus signed on the 4th, on paper, was ep- grossed on parchment, and signed again on the 2d of August. [Some erroneous statements of the proceedings on the Declara- tion of Independence having got before the public in latter times, Mr. Samuel A. Wells asked explanations, of me, which are given in my letter to him of May 13, '19, before and now again refer- red to.* I took notes iri my place while these things were going oil, and at their close wrote them out in forni and with coiTect- ness, and from 1 to 7 of the two preceding sheets, are the origin- als then written ; as the two following are of the earlier debates on the Confederation, which I took in like maimer.f] On Friday, July 12, the committee appointed to draw the arti- cles of Confederation reported them, and, on the 22d, the House resolved themselves into a committee to take them into considera- tion. On the 30th and 31st of that month, and 1st of the en- suing, those articles were debated which determined the propor- [* See Appendix, note B.] [f Tlie above note of the author is on a slip of paper, pasted in at the end of the Declaration. . Here is also sewed into the MS. a slip of newspaper containing, under the head " Declaration of Independence," a letter from Thomas M'Keau, to Messrs. William M'Corkle mies in its expenditure, of an annual settlement of the public ac- counts before a council, which the Comptroller, having been heretofore obliged- to settle only with the King in person, of course never settled at all ; an acknowledgment that the King could not lay a new tax, a reformation of the Criminal laws, abolition of torture, suppression of corvees, reformation of the gabelles, re- moval of the interior Custom Houses, free comrfierce of grain, internal and external, and the establishment of Provincial Assem- blies; which, altogether, constituted a great flaass of improve- inent in the condition of the nation. The establishment of the Provincial Assemblies was, in itself, a fundamental improvement. They would be of the choice of the people, one-third renewed every year, in those provinces where there are no States, that is to say, over about three-fourths of the kingdom. They would be partly an Executive themselves, and partly an Executive Coun- cil to the Intendant, to whom the Executive power, in his province, had been heretofore entirely delegated. Chosen by the people, they would softeii the execution of hard laws, and, having a right of representation to the King, they would censure bad laws, sug- gest good ones, expose abuses, and their representations, when united, would command respect. To the other advantages, might be added the precedent itself of calling the Assemblee des Nota- bles, which would perhaps grow into habit. The hope was, that the improvements thus promised would be carried into effect; that they would be maintained during the present reign, and that that would be long enough for theni to take some root in the con- stitution, so that they might come to be considered as a part of that, and be protected by time, and the attachment of the nation. The Count de Vergeimes had died a few days before the meet- ing of the Assembly, and the Coimt de Montmorin had been named Minister of Foreign Affairs, in his place. Villedeuil suc- ceeded Caionne, as Comptroller General, and Lomenie de Bry- enne. Archbishop of Thoulouse, afterwards of Sens, and ulti- mately . Cardinal Lomenie, was named Minister principal, with whom the other Ministers were to transact the business of their 72 JEFFERSON'S WOKKS. departments, heretofore done with the King in person ; and the Duke de Nivernois, and M. de Malesherbes, were called to the Oouncil. On the nomination of the Minister .principal, the .Mar- shals de Segur and de Castries retired from the departments of War and Marine, unwilling to act subordinately, or to share the blame of proceedings taken out of their direction. They were succeeded by the Count de Brienne, brother of the Prime Minis- ter, and the Marquis de La Luzerne, brother to him who had been Minister in the United' States. A dislocated w^ist, unsuccessfully set,. occasioned advice from my suxgeon, to try the mineral waters of Aix, in Provence, as a corroboranj;. I left Paris for that place therefore, on the 28th of February, and proceeded up the Seine, through Champagne and Burgundy, and down the Rhone through the Beaujolais by Lyons, Avignon, Nismes to Aix ; where, finding on trial no benefit from the waterg, I concluded to visit the rice country of Piedmont, to see if anything might be learned there, to benefit the rivalship pf our Carolina rice with that, and thence to make a tour of the seaport towns of France, along, its Southern and Western coast, to inform myself, if anything could be done to favor our com- merce with them. From Aix, therefore, I took my route by Mar- seilles, Toulon, Hieres, Nice, across the Col de Tende, by Conf, Turin, Vercelli, Novara, Milan, Pavia, Novi, Genoa. Thence, returning along the coast of Savona, Noli, Albenga, Oneglia, Monaco, Nice, Antibes, Frejus, Aix, Marseilles, Avignon, Nismes, Montpellier, Frontignan, Cette, Agde, and along the canal of Languedoc, by Bezieres, Narbonne, Cascassonne, Castelnaudari, through the Souterrain of -St. Feriol, and back by Castelnaudari, to Toulouse ; thence to Montauban, and down the Garonne' by Langon to Bordeaux. Thence to Rochefort, la Rochelle, Nantes, L'Orient ; then back by Rennes to Nantes, and up the Loire by Angers, Tours, Amboise, Blois to Orleans, thence direct to Paris, where I arrived on the 10th of June. Soon after my return from this journey, to wit, about the latter part of July, I received my younger daughter, Maria, from Virginia, by the way of London', the youngest having died some time before. AUTOBIOGRAPHY. 73 The treasonable perfidy of the Prince of Orange, Stadtholder and Captain General of the United Netherlands, in the war which England waged against them, for entering into a treaty of com- merce with the United States, is known to all. As their Execu- tive officer, charged with the conduct of the war, he contrived to baffle all the measures of the States General, to dislocate all their military plans, and played false into the hands of England against his own country, on every possible occasion, confident in her pro- tection, and in that of the King of Prussia, brother to his Princess. The States General, indignant at this patricidal conduct, applied to France for aid, according. to the stipulations of the treaty con- cluded with her in '85. It was assured to them readily, and .in cordial terms, in a letter from the Count, de Vergennes, to the Marquis de Verac, Ambassador of France at the Hague, of which the following is an extract : " Extrait de la dep&he de Monsieur le Comte de Vergennes k Monsieur le Marquis de Verac, Ambassadeur de France a la Haye, du ler Mars, 1786. " Le Roi concourrera, autant, qu' il sera en son pouvoir, au suc- ces de la chose, et vous inviterez, de sa part, les patriotes de lui communiquer leurs vues, leurs plans, et leurs envieux. Vo.us les assurerez, que le roi prend un interet veritable ^ leurs personnes comme a leur cause, it qu' ils peuvent compter sur sa protection- Ils doiveiit y compter d' autant plus. Monsieur, que nous ne dissim- ulons pas, que si Monsieur le Stadhoulder reprend son ancienne influence, le systeme Anglois ne tardera pas de prevaloir, et que notre alliance deviendroit un etre de raison. Les Patriotes sen- tiront. facilement, que cette position seroit incompatible avec la dignite, comme avec la consideration de sa majeste. Mais dans le cas. Monsieur, ou les chefs des Patriotes auroient I, craindre une scission, ils auroient le temps. suffisant pour ramener ceux de leurs amis, que les Anglomanes ont egares, et preparer les choses, de maniere que la question de nouveau mise en deliberation, soit decidee selon leurs desirs. Dans cette hjrpothese, le roi vous autorige eL agir de concert avec eux, de suivre la direction qu' Ls jugeront devoir vous dormer, et d' employer tons les moyens 74 JEFFEESON'S WORKS. pour augmenter le nombre des partisans de la bonne cause. 11 me reste, Monsieur, de vous parler de. la surete persoiaelle des Patriotes. Vous les assurerez, que dans tout etat de cause, le roi les prend sous sa protection immediate, et vous ferez connoitre, •paftout ou vous le jugerez necessaire, que sS, Majeste regarderoit comme une offense personnelle, tout ce qu' on entreprenderoit contre leur liberte. II est a presilmer que ce langage, tenu. avec energie, en imposera a I'audace des Anglomanes, et que Monsieur le Prince de Nassau croira courir quelque risque 'en provoquant le ressentiment de sa Majeste."* This letter "was commimicated by the Patriots to me, when a.t Amsterdam, in 1788, and a copy sent by me to Mr. Jay, in my letter to him of March 16, 1788, The object of the Patriots was, to establish a representative and republican government. The majority of the States General were with them, but the majority of the populace of the towns was with the Prince of Orange ; and that populace was played [* Extract from the despatch of the Count de Vergennes, to the Marquis de Verae, Ambassador from France, at the Hague, dated Marcnl, 1786 : " Tlie King will give his aid, as far as' may be in his power, towards the success of the affair, and will, on his part, invite the Patriots to communicate to. him their views, their plans, and their discontents. Tou raaj assure them that the King tnkeii a real interest in themselves as well as their cause, and that they may rely Upon his protee- tioni On this they may place the greater dependence, as we do not conceal, that if the Stadtbolder resumes his former influence, the' English System will soon prevail, and our alliance become a mere affair of the imagination. The Patriots will readily feel, that this position would be incompatible both with the dignity and considera- tion of his Majesty. But in case the Chief of the Patriots should have to fear a di- vision, they would have time sufficiant to reclaim those whom the Anglomaniacs had misled, and to prepare matters in such a manner, that the question w^hen again agi- tated, might be decided according to their wishes. In such a hypotlietioal case, the King authorizes you to act in concert with them, to pursue the direction which they may think proper to give you, and to employ every means to augment tlie number of the partisans of the good cause. It remains for me to speak of the personal se- curity of the Patriots. You may assure them, that under every ciKcumstance, the King will take them under his immediate protection, and you will make known wherever you may judge necessnry. that liis Majesty will regard as a personal offence every undertaking against their liberty. It is to be presumed -that this language, enei;getically maintained, may have some effect on the audacity of the Anglomaniacs, and that the Prince de Nassau will feel that he runs some risk in provoking the resentment of his Majesty."] AUTOBIOGEAPHY. 75 off with great effect, by the triumvirate of * * * Harris, Ihe Eng- lish Ambassador, afterwards Lord Malmesbury, the Prince of Orange, a stupid man, and the Princess as much a man as either of her colleagues, in audaciousness, in enterprise, and in the thirst of domination. By these, the mobs of the Hague were excited against the members of the States General ; their persons were insulted and endangered in the streets-; the sanctuary of their houses was violated ; and the Prince, whose function and duty it was to repress and punish these violations of order, took no steps for that purpose. The States General, for their own protection, were therefore obliged to place their militia under the command of a Committee. The Prince filled the courts of London and Berlin with complaints at this usurpation of his prerogatives, and, forgetting that he was but the first servant of a Republic, marched his regular troops against the city of Utrecht, where the States were in session. They were repiUsed by the militia. His interests now became marshalled with those of the public enemy, and against his own country. The States, therefore, exercising their rights of sovereignty, deprived him of all his powers. The great Frederic had died in August, '86. He had never intended to break with France in support of the Prince of Orange. Dur- ing the illness- of which he died, he had, through the Dulce of Brunswick, declared to the Marquis de La Fayette, who was then, at Berlin, that he meant not to support the English interest in Holland : that he might assure the government of France, his only wish was, that some honorable place in the Constitution should be reserved for the Stadtholder aijd his children, and that he would take no part in the quarrel, unless an entire abolition of the Stadtholderate should be attempted. But his place was now occupied by Frederic William, his great nephew, a man of little understanding, much caprice, and very inconsiderate ; and the Princess, his sister, although her husband was in arras against the legitimate authorities of the country, attempting to go to Amsterdam, for the purpose of exciting the mobs of that place, and being refused permission to pass a military post on the way, he put the Duke of Brimswick at the head of twenty thousand 76 JEFFERSON'S WORKS. men, and made demonstrations of marching on Holland. The ' King of France hereupon declared, by his Charg^ des Aifaires in Holland, that if .the Prussian troops continued to menace Hplland with an invasion, his Majesty, in quality of Ally, was determined to succor that province. In answer to this, Eden gave ofBlcial in- formation to Count Montmorin, that England must consider as at an end its convention with France relative to giving notice of its naval armaments, and that she was arming generally. War be- ing now imminent, Eden, since Lord Aukland, questioned me on the effect of our treaty with France, in the case of a war, and what might be our dispositions. I told him frankly, and without hesitation, that our dispositions would be neutral, and that I thought it would be the interest of both these powers that we should be so ; because, it would relieve both from aU anxiety as to feeding their West India islands ; that England, too, by suf- fering us to remain so, would avoid a heavy land war on our Con- tinent, which might very much cripple her proceedings else- where ; that our treaty, indeed, obliged us to receive into om- ports the armed vessels of France, with their prizes, and to refuse admission to the prizes made on her by her enemies : that there was a clause, also, by which w:e guaranteed to France her Ameri- can possessions, which might perhaps force us into the war, if these were attacked. " Then it will be war," said he, " for they will assuredly be attacked." Listen, at Madrid, about the same time, niade the same inquiries of Carmichael. The Government of France then declared a determination to form a camp of ob- servation at Givet, commenced arming her marine, and named the Bailli de Suffrein their Generalissimo on the Ocean. She secretly engaged, also, in negotiations with Russia, Austria, and Spain, to form a quadruple alliance. The Duke of Brunswick having advanced to the confines of Holland, sent some of his officers to Givet, to reconnoitre the state of things there, and re- port them to him. He said afterwards; that " if there had been only a few tents at that place, he should not have advanced far- ther, for that the King would not, merely for the interest of his sister, engage in a war with France." But, finding that there AUTOBIOGRAPHY. 77 was not a single company there, he boldly entered the country, took their towns as fast as he presented himself before them, and advanced on Utrecht. The States had appointed the Rhingrave of Salm their Commander-in-Chief ; a Prince without talents, without couralge, and . without principle. He might have held out in Utrecht for a considerable time, but he surrendered the place without firing a gun, literally ran away and hid himself, so that for months it was not known what had become of him. Amsterdam was then attacked, and capitulated. In the mean- time, the negotiations for the quadruple alliance were proceeding favorably ; but the secrecy with which they were attempted to be conducted, was penetrated by Praser, Charge des Affaires of England at St. Petersburgj who instantly notified his court, and gave the alarm to Prussia. The King saw at once what would be his situation, between the jaws of France. Austria, and Rus- sia. In great dismay, he besought the court of London not to abandon him, sent Alvensleben to Paris to explain and soothe ; and England, through the Duke of Dorset and Eden, renewed her conferences for accommodation. The Archbishop, who shiid- dered at the idea of war, and preferred a peaceful surrender of right to an armed vindication of it, received them with ' open arms, entered into cordial conferences, and a declaration, and counter-declaration, were cooked up at Versailles, and sent to London for approbation. They were approved there, reached Paris at one o'clock of the 27th, and- were signed th^t night at Versailles. It was said and believed at Paris, that M. de Mont- morin, literally "pleuroit comme un enfant," when obliged to sign this counter-declaration ; so distressed wag he by the dishon- or of sacrificing the Patriots, after assurances so solemn of pro- tectioUj and absolute encouragement to proceed. The Prince of Orange was reinstated in all his powers, now become regal. A great emigration of the Patriots took place ; all were deprived of ofiice, many exiled, and their property confiscated. They were received in France, and subsisted, for some time, on her bounty. Thus fell Holland, by the treachery of her Chief, from her hon- orable independence, to become a province of England ; and so, 78 JEFFERSON'S WORKS. also, her Stadtholder, from the high station of the first citizen of a free Republic, to be the servile Viceroy of a foreign Sovereign. And this was effected by a mere scene of bullying and demon- stration ; not one of the parties, France, England, or Prussia, having ever really meant to encounter actual war for the interest of the Prince of Orange. But it had all the effect of a real and decisive war. Our first essay, in America, to establish a federative govern- ment had fallen, on trial, very short of its object. During the war of Independence, while the pressure of an external enemy hooped us together, and their enterprises kept us necessarily on the alert, the spirit of the people, excited by danger, was a sup- plement to the Confederation, and urged them to zealous exer- tions, whether claimed by that instrument or not ; but, when peace and safety were restored, and every man became engaged in useful and profitable occupation, less attention was paid to the calls of Congress. The fundamental defect of the Confederation was, that Congress was not authorized to act immediately on the people, and by its own officers. Their power was only requisi- tory,and these requisitions were addressed to the several Legisla- tures, to be by them carried into execution, without other coer- cion than the moral principle of duty. This allowed, in fact, a negative to every Legislature, on every measure proposed by Congress ; a negative so frequently exercised in practice, as to benumb the action of the Federal government, and to render it inefficient in its general objects, and more especially in pecuniary and foreign concerns. The want, too, of a separation of the Legislative, Executive, and Judiciary functions, worked disad-^ vantageously in practice. Yet this state of things afforded a happy augury of the future march of oiu: Confederacy, when it was seen that the good sense and good dispositions of the people, as soon as they perceived the incompetence of their first compact, instead of leaving its correction to insurrection and civil war, agreed, with one voice, to elect deputies to a general Convention, who should peaceably meet and agree on such a Constitution as AUTOBIOGRAPHY. 79 " would ensure peace^ justice, liberty, the common defence and general welfare." This Convention met at Philadelphia on the 25th of May, '87. It sat with closed doors, and kept all its proceedings secret, until its dissolution on the 17th of September, when the results of its labors wore published all together. I received a copy, early in November, and read and contemplated its provisions with great satisfaction. As not a member of the Convention, however, nor probably a single citizen of the Union, had approved it in all its parts, so I, too, found articles which I thought objectionable. The absence of express declarations ehsm-ing freedom of reli- gion, freedom of the press, freedom of the person under the un- interrupted protection of the Habeas corpus, and trial by jury in Civil as well as in Criminal cases, excited my jealousy ; and the re-eligibility of the President for life, I quite disapproved. I ex- pressed freely, in letters to my friends, and most particularly to Mr. Madison and General Washington, my approbations arid ob- jections. How the good should be secured and the ill brought to rights, was the difiiculty. To refer it back to a new Conven- tion might endanger the loss of the whole. My first idea was, that the nine States first acting, should accept it unconditionally, and thus secure what in it was good, and that the four last should accept on the previous condition, that certain amendments should be agreed to ; but a better course was devised, of accepting the whole, and trusting that the good sense and honest intentions of our citizens, would make the alterations which should be deemed necessary. Accordingly, all accepted, six without objection, and seven with recommendations of specified amendments. Those respecting the press, religion, and juries, with several others, of great value, were accordingly made ; but the Habeas corpus was left to the discretion of Congress, and the amendment against the re-eligibility of the President was not proposed. My fears of that feature were founded on the importance of the ofiice, on the fierce contentions it might excite among ourselves, if contin- uable for life, and the dangers of interference, either vith money or arms, by foreign nations, to whom the choice of an American 80 JEFFEKSON'S WORKS. President might become interesting. Examples of this abounded in history ; in the case of the Roman Emperors, for instance ; of the Popes, while of any significance ; of the German Emperors ; the Kings of Poland, and the Days of Barbary. I had observed, too, in the feudal history, and in the recent instance, particularly, of the Stadtholder of Holland, how easily offices, or tenures for life, slide into inheritances. My wish, therefore, was; that the President should be elected for seven years, and be ineligible afterwards. This term I thought sufficient to enable him, with the concurrence of the Legislature, to carry through and estab- lish any system of improvement he should propose for the gene- ral good. But the practice adopted, I think, is better, allowing his continuance for eight years, with a liability to be dropped at half way of the term, making that a period of probation. That his continuance should be restrained to seven years, was the opinion of the -Convention at an earlier stage of its session, when it voted that term, by a majority of eight against two, and by a simple majority that he should be ineligible a second time. This opinion was confirmed by the House so late as July 26, referred to the Committee of detail, reported favorably by them', and changed to the present form by final vote, on the last day but one only' of their session. Of this change, three States expressed their disapprobation; New York, by recommending an amend- ment, that the President should not be eligible a third time, and Virginia and North Carolina that he should not be capable of serving more than eight, in any term of sixteen years ; and though this amendment has not been made in form, yet practice seems to have established it. The example of four Presidents voluntarily retiring at the end of their eighth year, and the pro- gress of public opinion, that the principle is salutary, have given it in practice the force of precedent and usage ; insomuch, that, should a President consent to be a candidate for a third election, I trust he would be rejected, on this demonstration of ambitious views. But there was another amendment, of which none of us thought at the time, and in the omission of which, lurks the germ that is AUTOBIOGRAPHY. 81 to destroy this happy combination of ' National powers in the General government, for matters of National concern, and inde- pendent powers in the States, for what concerns the. States seve- rally. In England, it was a great point, gained at the Revolution, that the commissions of the Judges, which had hitherto been during pleasure, should thenceforth be made during good beha- vior. A Judiciary; dependent on the will- of the King, had proved itself the most oppressive of all tools,: in the hands of that Magistrate. Nothing, then, could be rnore salutary, than a change there, to the tenure of good behavior.; and the question of good behavior; left to the vote of a simple majority in the two Houses of Parliament.,, Before the Bevolution, we were all good English Whigs, cordial in their free principles, and in their jeal- ousies of their Executive Magistrate. These jealousies are very apparent, in all our state Constitutions; and, in the General gov- ernment in this instance, we haVe gone even beyond the Eng- lish caution, by requiring a vot« of two-thiyds, in one of the Houses, for removing a Judge ; a vote so impossible, where* any defence is made, before men of ordinary prejudices and passions, that our Judges are effectually independent of the nation. But this Ought not to be. I would not, indeed, make them depend- ent on the Executive authority, ks they formerly were in Eng- land ; but I deem it indisperisable to the continuance of this gov- ernment, that they should be submitted to some practical and im- partial control ; and that this, to be imparted, inust be compound- ed' of a mixture of State and Federal authorities.. It is not enough that honest men are appointed Judges. All know the influence of interest on the miiid of man, and how miconsciously his judgment is warped by that influence. To this bias add that of the esprit de corps,' of their peculiar maxim and creed, that " it is the oflice of a "good Judge to enlarge his jurisdiction," and the absence of responsibility ; and how can we e^ect inipartial decision between the General government, of which they are * In the impeaehment of .Judge Pickering, of New Hampshire, a' habitual and maniac diunkard, no defence was made. Had there been, the party vote of more than one-thiid of the Senate would have acquitted him. vol; I. 6 82 JEFFERSON'S WORKS. themselves so eminent a part, and an individual State, from which they have nothing to hope or fear? We have seen, "too, that contrary to all correct example, they are in the habit of going out of the question before them, to throw an anchor ahead, and grapple further hold for future advances of power. They are then, in fact, the corps of sappers and miners, steadily working to undermine the independent rights of the States, and to con- solidate all power in the hands of that government in which they have so important a freehold estate. But it is not by the consolidation, or concentration of powers, but by their distribu- tion, that good government is effected. Were not this great country already divided into States, that division must be made, that each might do for itself what concerns itself directly^ and what it can so much, better do than a distant authority. Every State again is divided into counties, each to take care of what lies within its local bounds ; each county again into townships or wards, to manage minuter details ; and every ward into farms, to be governed each by its individual proprietor. Were we di- rected from Washington when to sow, and when to reap, we should soon want bread. It is by this partition of cares, descend- ing in gradation from general to particular, that the mass of hu- man affairs may be best managed, for the good and prosperity of all. I repeat, that I do not charge the Judges with wUful and ill- intentioned error ; but honest error must be arrested, where its toleration leads to public ruin. As, for the safety of society, we commit honest maniacs to Bedlam, so judges should be with- drawn from their bench, whose erroneous biases are leading us to dissolution. It may, indeed, injure them in fame or in for- tune ; but it saves the Republic, which is the first and supreme law. Among the debilities of the goverimient. of the Confederation, no one was more distinguished or more distressing, than the utter impossibility of obtaining, from the States, the moneys necessary for the payment of debts, or even for the ordinary expenses of the government. Some contributed a little, some less, and. some nothing ; and the last furnished at length an excuse for the first AUTOBIOGRAPHY. 83 to do nothing also. Mr. Adams, while residing at the Hague, had a general authority to hoiTow what sums might be requisite, for ordinary and necessary expenses. Interest on the public debt, and the maintenance of the diplomatic establishment in Europe, had been habitually provided in this way. He was now elected Vice-President of the United States, was soon to return to Ame- rica, and had referred our bankers to me for future coimsel, on our affairs in their hands. But I had no powers, no instructions, no means, and no familiarity with the subject. It had always been exclusively under his management, except as to occasional and partial deposits in the hands of Mr. Grand, banker in Paris, for special and local purposes. These last had been exhausted for some time, and I had fervently pressed the Treasury board to replenish this particular deposit, as Mr. Grand now refused to make further advances. They answered candidly, that no funds could be obtained tmtil the new government should get into action, and have time to make its arrangements. Mr. Adams had re- ceived his appointment to the court of London, while engaged at Paris, with Dr. Franklin and myself, in the negotiations under our joint coinmissions. He had repaired thence to London, without returning to the Hague, to take leave of that government. He thought it necessary, however, to do so now, before he should leave Europe, and accordingly went there. I learned his depar- ture from London, by a letter from Mrs. Adams, received on the very day on which he would arrive at the Hague. A consulta- tion with him, and some provision for the future, was indispen- sable, while we could yet avail. ourselves of his powers ; for when they would be gone, we should be without resource. I was daily dunned by a Company who had formerly made a small loan to the United States, the principal of which was now become due ; and our bankers in Amsterdam, had notified me that the interest on our general debt would be expected in June ; that if we failed to pay it, it would be deemed an act of bankruptcy, and would effectually destroy the credit of the United States, and all future prospect of obtaining money there ; that' the loan they had been authorized to open, of which a third only was fiUed, had 84 JEFFEKSON'S WORKS. now ceased to get forward, and rendered desperate that hope of resource. I saw that there was not a moment to lose, and set out for the Hague on the second morning after receiving the informa- tion of Mr. Adams's journey. I went the direct road by Louvres, Senlis, Roye, Pont St. Maxence, Bois le due, Goumay, Peronne, Cambray, Bouchain, Valenciennes, Mons, Bruxelles, Malines, Ant- werp, Mordick, and Rotterdam, to the Hague, where I happily found Mr. Adams. He conciirred with me at o&ce in opinion, that something must be done, and that we ought to risk ourselves on doing it without instructions, to save the credit of the United States. We foresaw, that before the new government could be adopted, assembled, establish its financial system, get the money into the Treasury, and place it in Europe, considerable time would elapse ; that, therefore, we had better provide at once, for the years '88, '89, and '90, in order to place our government at its ease, and our credit in security, during that trying interval. We set out, therefore, by the way of Leyden, for Amsterdam, where we arrived on the 10th. I had prepared an estimate, showing that Florins. There would be necessary for the year '88 — 531,937-10 '89—638,540 '90—473,640 Total, 1,644,017-10 Florins. To meet this, the bankers, had in hand, '79,268-2-8 and the unsold bonds :would yield, 642,800 622,068-2-8 Leaving a deficit of . ,. . . . 921;949-7-4 We proposed then to borrow a million, yielding 920,000 Which would leave a small deficiency of . . 1,949-7-4 Mr. Adams accordingly executed 1000 bonds, for 1000 florins each, and deposited them in the hatids of our bankers, with in- structions, however, not to issue them until Congress should ratify the measure. This done, he returned to London, and I set out for Paris ; and, as nothing urgent forbade it, I determined to re- AUTOBIOGEAPHY. 85 turn along the banks of the Rhine, to Strasburg, and thence strike off to Paris. I accordingly left Amsterdam on the 30th of March, and proceeded by Utrecht, , Nimeguen, Cleves, Duysberg, Dus- seldorf, Cologne, Bonne, Coblentz, Nassau, Hocheim, Frankfort, and made an excursion to Hanau, thence to Mayence, and another excursion to Rudesheim, and Johansbei;g ; then by Oppenheim, Worms, and Manheirn, making an excursion to Heidelberg, then by Spire, Carlsruh, Rastadt and Kefti, to Strasburg, where I ar- rived April the 16th, and proceeded again on the 18th, by Phals- bourg, Fenestrange, Dieuze, Moyenvie, Nancy, Toul, Ligny, Barleduc, St., Diziers, Vitry, Chalons sur Harne, Epernay, Cha- teau Thierri, Meaux, to Paris, where I arrived on the 23d of April ; and I had the satisfaction to reflect, that by this journey our credit was secured, the new government was placed at ease for two years to come, and that, as well as myself, relieved from the torment of incessant duns, whose just complaints could not be silenced by any means within our power. A Consular Convention had been agreed on in '84, between Dr. Franklin and the French government, containing several articles, so entirely inconsistent with the laws of the several States, and the general spirit of our citizens, that Congress withheld then- ratification, and sent it back to me, with instructions to get those articles expunged, or modified so as to render them compatible with our' laws. The Minister imwillingly released us from these concessions, which, indeed, authorized the exercise of powers very ofiensive in a free State. After much discussion, the Convention was reformed in a considerable degree, and was signed by the Count Montmorin and myself, on the 14th of Novembqj-, '88 ; not, indeed, such as I would have wished, but such as could be obtained with good humor and friendship. On my return from Holland, I found Paris as I had left it, still in high fermentation. Had the Archbishop, on the close of the Assembly of Notables, immediately carried into operation the measures contemplated, it was believed they would all have been registered by the Parliament ; but he was slow, presented his edicts, one after another, and . at considerable intervals, which 86 JEFFERSON'S WORKS. gave time for the feelings excited by the proceedings of the Notables to cool off, new claims to be advanced, and a pressure to arise for a fixed constitution, not subject to changes at the will of the King. Nor should we wonder at this pressure, when we consider the monstrous abuses of power tuider which this people were ground to powder ; when we pass in review the weight of their taxes, and the inequality of their distribution ; the oppress- ions of the .tithes, the tailles, the corvees, the gabelles, the farms and the barriers ; the shackles on commerce by monopolies ; on industry by guilds and corporations ; on the freedom of conscience, of thought, and of speech ; on the 'freedom of the press by the Censm-e ; and of the person by Lettres de Cachet ; the cruelty of the Criminal code generally ; the atrocities of the Rack ; the ve- nality of the Judges, and their partialities to the rich ; the monopoly of Military honors by the Noblesse ; the enormous expenses of the Queen, the Princes and the Court ; the prodigahties of pen- sions ; and the riches, luxury, indolence and immorality of the Clergy. Surely imder such a mass of misrule and oppression, a people might justly press for a thorough reformation, and might even dismount their rough-shod riders, and leave them to walk on their own legs. The edicts, relative to the corvees and free cir- culation of grain, were first presented to the Parliament and re- gistered ; but those for the impot territorial, and stamp tax, offered some time after, were refused by the Parliament, which proposed a call of the States General, as alone competent to their authoriza- tion. Their refusal produced a Bed of justice, and their exile to Troyes. The Advocates, however, refusing to attend them, a suspension in the administration of justice took place. The Parliament held out for awhile, but the ennui of their e:sile and absence from Paris, began at length to be felt, and some disposi- tions for compromise to appear. On their consent, therefore, to prolong some of the former taxes, they were recalled from exile, the King met them in session, November 19, '87, promised to call the States General in the year '92, and a majority expressed their assent to register an edict for successive and annual loans from 1788 to '92; but a protest being entered by the Duke AUTOBIOGRAPHY. 87 of Orleans, and this encouraging others in a disposition to retract, the Kihg ordered peremptorily the registry of the edict, and left the assembly abruptly. The Parliament imme- diately protested, that the votes for the enregistry had not been legally taken, and that they gave no sanction to the loans pro- posed. This was enough to discredit and defeat them. Here- upon issued another edict, for the establishment of a cour pleni^re, and the suspension of all the Parliaments in the kingdom. This being opposed, as might be expected, by reclamations from all the Parliaments and Provinces, the King gave way, and by an edict of July 5th, '88, renounced his cour pleni^re, and promised the States General for the 1st of May, of the ensuing year ; and the, Archbishop, finding the times beyond his faculties, accepted the promise of a Cardinal's hat, was removed [September '88] from the Ministry, and M. Necker was . called to the department of finance. The innocent rejoicings of the people of Paris on this change provoked the interference of an officer of the city guards, whose order for their dispersion not being obeyed, he charged them with fixed bayonets, killed two or three, and wound- ed many. This dispersed them for the. moment, but they col- lected the next day in great numbers, burnt ten or twelve guard- houses, killed two or three of the guards, and lost six or eight more of their own number. The city was hereupon put under Martial law, and after awhile the tumult subsided. The effect of this change of ministers, and the promise of the States General at an early day, tranquillized the nation. But two great questions now ocurrred. .1st. What proportion shall the number of depu- ties of the Tiers etat bear to those of the Nobles and Clergy ? And 2d, shall they sit in the same or in distinct apartments ? M. Necker, desirous of avoiding himself these knotty questions, pro- posed a second call of the same Notables, and that their advice should be asked on the subject. They met, November 9, '88 ; and, by five bureaux against one, they recommended the forms of the States General of 1614; wherein the Houses were sepa- rate, and voted by orders, not by persons. But the whole nation declaring at once against this, and that the Tiers etat should be, 88 JEFFERSON'S "WORKS. in numbers, equal to both the other orders, and the Parliament deciding for the same proportion, it was determined so to be, by a declaration of December 27th, '88. A^ Report of M. Necker, to the King, of about the same date, contained other very import- ant concessions. 1. That the King could neither lay a new tax, nor prolong an old one. 2. It expressed a readiness to agree on the periodical meeting of the States. 3. To consult on the ne- cessary restriction on Lettres de Cachet; and 4. How far the press might be made free. 5. It admits that the States are to appropriate the public money ; and 6. That Ministers shall be responsible for public expenditures. And these concessions came from the very heart of the King. He had not a wish but for the good of the nation ; and for that object, no personal sacrifice would ever have cost him a moment's regret ; but his mind was weakness itself, his constitution timid, his judgment null, and without sufficient firmness even to stand by the faith of his word. His dueen, too, haughty and bearing no contradiction, had an absolute ascendency over him ; and around her were rallied the King's brother d'Artois, the court generally, and the aristocratic part of his Ministers, particularly Breteuil, Broglio, Vauguyon, Foulon, Luzerne, men whose principles of government were those of the age of Louis XIV. Against this host, the good counsels of Necker, Montmorin, St. Priest, although in imison with the wishes of the King himself, were of little avail. The resolutions of the morning, formed under their advice, would be reversed in the evening, by the influence of the Queen and court. But the hand of heaven weighed heavily indeed on the machinations of this junto ; producing collateral incidents, not arising out of the case, yet powerfully co-exciting the nation to force a regeneration of its govermnent, and overwhelming with accumulated difficulties, this liberticide resistance. For, while laboring under .the want of money for even ordinary purposes, in a government which required a million of livres a day, and driven to the last ditch by the universal call for liberty, there came on a winter of such severe cold, as was without example in the memory of man, or in the written records of history. The AUTOBIOGRAPHY. 89 Mercury was at times 50° below the freezing point of Faren- heit, and 32° below that of Reaumur. All out-door labor was suspended, and the poor, without the wages of labor, were, of course, without either bread or fuel. The government found its necessities aggravated by that of procuring immense quantities of fire-wood, and of keeping great fires at all the cross streets, around which the people gathered in crowds, to avoid perishing with cold. Bread, too, was to be bought, and distributed daily, gratis, until a relaxation of the season should enable the people to work ; and the slender stock of bread stuff had for some time threatened famr ine, and had raised that article to an enormous price. So great, indeed, was the scarcity of bread, that, from the highest to the lowest citizen, the bakers were - permitted to deal but a scanty al- lowance per head, even to those who paid for it ; and, in cards of invitation to dine in the richest houses, the guest was notified to bring his own bread. To eke out the existence of the people, every person who had the means, was called on for a weekly sub- scription, which the Cures collected, and employed in providing messes for the nourishment of the poor, and vied with each other in devising such economical compositions of food, as would sub- sist the greatest number with the smallest means. This want of bread had been foreseen for some time past, and M. de Mont- morin had desired me to notify it in America, and that, in addition to the market price, a premium should be given on what should be brought from the United States. Notice was accordingly given, and produced considerable supplies. Subsequent informa- tion made the importations from America, during the months of March, April and May, into the Atlantic ports of France, amount to about twenty-one. thousand barrels of flour, besides what went to other ports, and in other months ; while our supplies to their West Indian islands relieved them also from that drain. This distress for bread continued till July. Hitherto no acts of popular violence had beeri produced by the struggle for political reformation. Little riots, on ordinary inci- dents, had taken place as at other times, in difierent parts of the kingdom, in which some lives, perhaps a dozen or twenty, had 90 JEFFERSON'S WOEKS. been lost ; but in the month of April, a more serious one occurred in Paris, unconnected, indeed, with the Revolutionary principle, but making part of the history of the day. The Fauxbourg St. Antoine is a quarter of the city inhabited entirely by the class of day laborers and journe3maen in every line. A rumor was spread among them, that a great paper manufacturer, of the name of Reveillon, had proposed, on some occasion, that their wages should be lowered to fifteen sous a day. Inflamed at once into rage, and without inquiring into its truth, they flew to his house in vast numbers, destroyed everything in it, and in his magazines and work-shops, without secreting, however, a pin's worth to themselves, and were continuing this work of devastation, when the regular troops were called in. Admonitions being disregard- ed, they were of necessity fired on, and a regular action ensued, in which about one hundred of them were killed, before the rest would disperse. There had rarely passed a year without such a riot, in some part or other of the Kingdom ; and this is distin- guished only as cotemporary with the Revolution, although not produced by it. The States General were opened on the 5th of May, '89, by speeches from the King, the Garde des Sceaux, Lamoignon, and M. Necker. The last was thought to trip too lightly over the constitutional reformations which were expected. His notices of them in this speech, were not as full as in his previous ' Rapport au Roi.' This was observed, to his disadvantage ; but miich al- lowance should have been made for the situation in which he was placed, between his own counsels, and those of the ministers and party of the court. Overruled in his own opinions, compelled to deliver, and to gloss over those of his opponents, and even to keep their secrets, he could not come forward in his own attitude. The composition of the Assembly, although equivalent, on the whole, to what had been expected, was something different in its elements. It had been supposed, that a superior education would carry into the scale of the Commons a respectable portion of the Noblesse. It did so as to those of Paris, of its vicinity, and of the other considerable cities, whose greater intercourse with en-^ AUTOBIOGRAPHY. 91 lightened society had liberalized their minds, and prepared them to advance up to the measirre of the times. But the Noblesse of the country, which constituted two-thirds of that body, were far in their rear. Residing constantly on their patrimonial feuds, and familiarized, by daily habit, with Seigneurial powers and practices, they had not yet learned to suspect their inconsistence with reason and right. They were willing to submit to equality of taxation, but not to descend from their rank and prerogatives to be incorporated in session with the Tiers etat. Among the Clergy, on the other hand, it had been apprehended that the higher orders of the Hierarchy, by their wealth and connections, would have carried the elections generally ; but it turned out, that in most cases, the lower clergy had obtained the popular majorities. These consisted of the Cures, sons of the peasantry, who had been employed to do all the drudgery of parochial services for ten, twenty, or thirty Louis a year ; while their superiors were consum- ing their princely revenues in palaces of luxury and indolence. The. objects for which this body was convened, being of the first order of importance, I felt it very interesting to understand the views of the parties of which it was composed, and especially the ideas prevalent as to the organization contemplated for their government. I went, therefore, daily from Paris to TersaUles, and attended their debates, generally till the hour of adjourn- ment. Those of the Noblesse were impassioned a!hd tempestu- ous. They had some able men on both sides, actuated by equal zeal. The debates of the Commons were temperate, rational, and inflexibly firm. As preliminary to all other business, the awful questions came on, shall the States sit in one, or in distinct apartments ? And shall they vote by heads or houses ? The op- position was soon found to consist of the Episcopal order among the clergy, and two-thirds of the Noblesse ; while the Tiers etat were, to a man, united and determined. After various proposi- tions of compromise had failed, the -Commons undertook to cut the Gordian knot. The Abbe Sieyes, the most logical head of the nation, (author of the pamphlet " du'est ce que le Tiers etat ?" which had electrified that country, as Paine's Common Sense did 92 JEFFERSON'S WORKS. us,) after an impressive speech on the 10th of June, moved that 1 last invitation should be sent to the Noblesse and Clergy, to at- tend in the hall of the States, collectively or individually, for the verification of powers, to -which the Commons would proceed immediately, either in their presence or absence. This verifica- tion being finished, a motion was made, on the 15th, that they should constitute themselves a National Assembly; which was decided on the 17th, by a majority of four-fifths. During the debates on this question, about twenty of the Cures had joinpd them, and a proposition was made, in the chamber of the Clergy, that their whole body should join. This was rejected, at first, by a small majority only ; but, being afterwards somewhat modi- fied, it was decided affirmatively, by a majority of eleven. While this was under debate, and unknown to the court, to wit, on the 19th, a council was held in the afternoon, at Marly, wherein it was proposed that the King should interpose, by a declaration of his sentiments, in a seance royale. A form of declaration was proposed by Necker, which, while it censured, itj general, the pro- ceedings, both of the Nobles and Commons, announced the King's views, such as substantially to coincide with the Commons. It was agreed to in Council, the seance was fixed for the 22d, the meetings of the States were till then to be suspended, and every- thing, in the meantime, kept secret. The members, the next morning (the' 20th) repairing to their house, as usual, found the doors shut and guarded, a proclamation posted up for a seance royale on the 22d, and a suspension of their meetings in the meantime. Concluding that their dissolution was now to take place, they repaired to a building called the " Jeu de paume " (or Tennis court) and there bound themselves by oath to each other, never to separate, of their own accord, till they had settled a con- stitution for the nation, on a sohd basis, and, if separated by force, that they would reassemble in some other place. The next day they met in the chujch of St. Louis, and were joined by a ma- jority of the clergy. The heads of the Aristocracy saw that all was lost without some bold exertion., The King was still at Mariy. Nobody was permitted to approach him but their friends. AUTOBIOGEAPHY. 93 He was assailed by falsehoods in all shapes. He was made to believe that the Commons were about to absolve the army from their oath of fidelity to him, and to raise their pay. The court party were now all rage and desperation. They procured a com- mittee to be held, consisting of the King and his Ministers, to which Monsieur and the Count d'Artois should be admitted. At this committee, the latter attacked M. Necker personally, ar- raigned his declaration, and proposed on^ which some of his prompters had put into his hands. M. Necker was brow-beaten and intimidated, and the King shaken. He determined that the two plans should be deliberated on the next day, and the seance royale put off a day longer. This encouraged a fiercer attack on M. Necker the next' day. His draught of a declaration was en- tirely broken up, and that of the Count d'Artois inserted into it, Himself and Montmorin offered their resignation, which was re- fused ; the Count d'Artois saying to M. Necker, " No sir, you must be kept as the hostage ; we hold you responsible for all the ill whiteh shall happen." This change of plan was immediately whispered without doors. The Noblesse were' in triumph ; the people in consternation. I was quite alarmed at this state of things. The soldiery had not yet indicated which side they should take, and that which they should support would be sure to prevail. I considered a successful reformation of government in France, as instiring a general reformation through Europe, and the resurrection, to a new life, of their people, now ground to dust by the abuses of the governing powers. I was much acquainted with the leading patriots of the Assembly. Being from a country which had successfully passed through a similar reformation, they were disposed to my acquaintance, and had some confidence in me. I utged, most strenuously, an immediate compromise ; to secure what the government was now ready to yield, and trust to future occasions for what might still be wanting. It was well understood that the King would grant, at this time, 1. Freedom of the person by Habeas corpus : 2. Freedom of conscience : 3. Freedom of the press : 4. Trial by jury : 5. A representative Leg- islature : 6. Annual meetings : 7. The origination of laws : 8. 94 JEFFERSON'S WOEKS. The exclusive right of taxation and appropriation: and 9. The responsibility of Ministers ; and with the exercise of these powers they could obtain, in future, whatever might be further necessary to improve and preserve their constitution. They thought other- wise, however, and events have proved their lamentable error. For, after thirty years of war, foreign and domestic, the loss of millions of lives, the prostration of private happiness, and the foreign subjugation of their own coimtry for a time, they have obtained no more, nor even that secmely. They were uncon- scious of (for who could foresee ?) the melancholy sequel of their well-meant perseverance; that their physical force would be usurped by a first tyrant to trample on the independence, and even the existence, of other nations : that this would afford a fatal example for the atrocious conspiracy of Kings against their people ; would generate their unholy and homicide alliance to make com- mon cause among themselves, and to crush, by the power of the whole, the efforts of any part to moderate their abuses and op- pressions. When the King passed, the next day, through the lane formed from the Chateau to the " Hotel des etats," there was a dead si- lence. ' He was about an hour in the House, delivering his speech and declaration. On his coming out, a feeble cry of " vive le Roi" was raised by some children, but the people remained silent and sullen. . In the close of his speech, he had ordered that the mem- bers should follow him, and resume their deliberations the next day. . The Noblesse followed him, and so did the Clergy, except about thirty, who, with the Tiers, remained in the room, and en- tered into deliberation. They protested against what the King had done, adhered to all their former proceedings, and resolved the inviolability of their own persons. An officer came, to order them out of the room in the King's name. " Tell those who sent you," said Mirabeau, " that we shall not move henge but at our own will, or the point of the bayonet." In the afternoon, the people, uneasy, began to assemble in great numbers in the courts, and vicinities of the palace. This produced alarm. The Queen . sent for M. Necker. He was conducted, amidst the shouts and acclamations ATJTOBIOGEAPH-J.' 95 of the multitude, who filled all the apartments of the palace. He was a few minutes only with the Queen, and what passed between them did not transpire. The King went out to ride. He passed through the crowd to his carriage, and into it, without being in the least noticed. As M. .Necker followed him, universal acclama- tions were raised of " vive Monsier Necker, vive le sauveur de la Prance opprimde." He was conducted back to his house with the same demonstrations of affection and anxiety. About two hun- dred deputies of the Tiers, catching the enthusiasm of the mo- ment, went to his house, and extorted from him a promise that he would not resign. On the 25th, forty-eight of the Nobles joined the Tiers, and among them the Duke of Orleans. There were then with them one hundred and sixty-four members of the Clergy, although the minority of that body still sat apart, and called them- selves the Chamber of the Clergy. On the 26th, the Archbishop of Paris joined the Tiers, as did some others of the Clergy and of the Noblesse. These proceedings had thrown the people into violent ferment. It gained the soldiery, first of the French guards, extended to those of every other denomination, except the Swiss, and even to the body guards of the King. They began to quit their barracks, to assemble in squads, to declare they would defend the life of the King, but would not be the murderers of their fellow-citizens. They called themselves the soldiers of the nation, and left now no doubt on which side they would be, in case of rupture. Similar accounts came in from the troops in other parts of the kingdom, giving good reason to believe they would side with their fathers and brothers, rather than with their officers. The operation of this medicine at' Versailles was as sudden as it was powerful. The alarm there was so complete, that in the afternoon of the 27th, the King wrote, with his own hand, letters to the Presidents of the Clergy and Nobles, engaging them immediately to join the Tiers. These two bodies were debating, and hesitating, when notes from the Count d'Artois decided their compliance. They went in a body, and took their seats with the Tiers, and thus rendered the union of the orders in one chamber complete. 96 JEFFERSON'S WORXS. The Assembly now entered on the business of their mission, and first proceeded to arrange the order in which they would take up the heads of their constitution, as follows : First, and as Preliminary to the whole, a general Declaration of the' Rights of Man. Then, speeifically, the Principles of the Monarchy ; Rights of the Nation ; rights of the King ; rights of the Citizens ; organization and rights of the National Assembly j forms necessary for the enactment of ■ Laws; organization and functions of the Provincial and Municipal Assemblies ; duties and limits of the Judiciary power ; functions and duties of tlie Military power. A Declaration of the Rights of Man, as the prelimina;ry- of their work, was accordingly prepared and proposed by the Marquis de La Payette. But the quiet of their march was soon disturbed, by inforpia'tion that troops, and particularly the foreign troops, were advancing on Paris from various quarters. The King had probably been ad- vised to this, on the pretext of preserving peace in Parisi But his advisers were believed to have other things in contemplation.' The Marshal de Broglio was appointed to their cornmand, a high- flying aristocrat, cool and. capable of everything. 'Some of the French guards were soon arrested, under o*^her pretexts, but really, on account of their dispositions in favor of the National cause. The people of Pa;"is forced their prison, liberated them, and sent a deputktion to the Assembly to solicit a pardon. The Assembly recommended peace and order to the people of Paris, the prison^ ers to the I^ing, and asked from him the removal of the troops.' His answer was negative and dry, saying they might remove them- selves, if they pleased, to Noybns or Soissons. In the meantime,- these troops, to tbe number of twenty or thirty thousand, had ar- rived, and were posted in, and between Paris and Versailles. The. bridges and passes were guarded. At three o'clock in the after- noon of the 1 1th of July, the Count de La Luzerne was sent to notify M. Necker 6f his dismission, and to enjoin him to retire instantly, without saying a word of it to anybody. He went home, dined, and proposed to his wife a visit to a friend, but went in fact to his country house at St, Ouen, and at niidnight set out for Brussels. AUTOBIOGRAPHY. 97 This was not known till the next day (the 12th,) when the whole Ministry was changed, except Villedeuil, of the domestic depart- ment, and Barenton, Garde des sceaux. The changes were as follows : The Baron de Breteuil, President of the Council of Finance ; de la Galaisiere, Comptroller General, in the room of M. Necker ; the Marshal de Broglio, Minister of War, and Foulon under him, in the room of Puy-Segur ; the Duke de la Vauguyon, Minister of Foreign Affairs, instead of the Count de Montmorin ; de La Porte, Minister of Marine, in place of the Count de La Luzerne ; St. Priest was also removed from the Council. Luzerne and Puy-Segur had been strongly of the Aristocratic party in the Council, but they were not considered equal to the work now to be done. The King was now completely in the hands of men, the principal among whom had been noted, through their lives, for the Turkish despotism of their characters, and who were as- sociated aroimd the King, as proper instruments for what was to be executed. The news of this change began to be known at Paris, about one or two o'clock. In the afternoon, a body of about one hundred German cavalry were advanced, and drawn up in the Place Louis XV., and about two hundred Swiss posted at a little distance in their rear. This drew people to the spot, who thus accidentally found themselves in front of the troops, merely at first as spectators ; but, as their numbers increased, their indig- nation rose. They retired a fey steps, and posted themselves on and behind large piles of stones, large and small, collected in that place for a bridge,, which was to be built adjacent to it. In this position, happening to be in my carriage on a visit, I passed through the lane they had formed, without interruption. But the moment after I had passed, the people attacked the cavalry with, stones. They charged, but the advantageous position of the' people, and the showers of stones, obliged the horse to retire, and quit the field altogether, leaving one of their number on the ground, and the Swiss in the rear not moving to their aid. This was the signal for imiversal insurrection, and this body of cavalry, to avoid being massacred, retired towards Versailles. The people now armed 98 JEFFERSON'S "WORKiS. themselves with such, weapons as they, could find in armorer's shops, and private houses, and w'ith bludgeons ; and were roaming all night, through all parts of the city, without any decided object. The next day (the 13th,) the Assembly pressed on the King to send away the troops, to permit the Bourgeoisie of Paris to arm for the preservation of order in the city, and offered to send a depu- tation from their body to tranquillize them ; but their propositions were refused. A committee of magistrates and electors of the city were appointed by those bodies, to take upon them its govern- ment. The people, now openly joined by the French guards, forced the prison of St. Lazare, released all the prisoners, and took a great store of corn, which they carried to the corn-market. Here they got some arms, and the French guards began to form and train them. The city-committee determined to raise forty-eight thou- sand Bourgeoise, or rather to restrain their numbers to forty-eight thousand. On the 14th, they sent one of their members (Mcin^ sieur de Corny) to the Hotel des Invalides, to ask arms for their Garde Bourgeoise. He was followed by, and he found there, a great collection of people. The Governor of the Invalids came out, and represented the impossibility of his delivering arms, with- out the orders of those from whom he received them. De Corny advised the people then to retire, and retired himself; but the people took possession of the arms. It was remarkable, that not only the Invalids themselves made no opposition, but that a body of five thousand foreign troops, within four hundred yards, never stirred. M. de Corny, and five others, were then sent to ask arms of M. de Launay, Governor of the Bastile. They found a great collection of people already before the place, and they immedi- ately planted a flag of truce, which was answered by a like flag hoisted on the parapet. The deputation prevailed on the people to fall back a little, advanced themselves to make their demand of the Governor, and in that instant, a discharge from the Bastile killed four persons of those nearest to the deputies. The deputies retired. I happened to be at the house of M. de Corny, when he returned to it, and received from him a narrative of these transactions. On the retirement of the deputies, the people rushed forward, and AUTOBIOGRAPHY. 99 almost in an instant, were in possession of a fortification of infinite strength, defended by one hundred men, which in other times had stood several regular sieges, and had never been taken. How- they forced their entrance has never been explained. They took all the arms, discharged the prisoners, and such of the garrison as were not killed in the first moment of fury ; carried the Governor and Lieutenant Governor, to the Place de Greve, (the place of public execution,) cut off their heads, and sent them through the city, in triumph, to the . Palais royal. About the same instant, a treacherous correspondence having been discovered in M. de Flesselles, Prevot des Marchands, they seized him in the Hotel de ViUe, where he wag in the execution of his office, and cut off his head. These events, carried imperfectly to Versailles, were the subject of two .successive deputations from the Assembly to the King, to both of which he gave dry and hard answers ; for nobody had as yet been permitted to inform him, truly and fully, of what had passed at Paris. But at night, the Duke de Lian- court forced his way into the King's bed chamber, and obliged him to hear a full and animated detail of .the disasters of the day in Paris. He went to bed fearfully impressed. The decapi- tation of de Launay worked powerfully through the night on the whole Aristocratic party ; insomuch, that in the morning, those of the greatest influence on the Count d'Artois, represented to him the absolute necessity that the King should give up everything to the Assembly. This accordiug with the dispositions of the King, he went about eleven o'clock^ accompanied only by his brothers, to the Assembly, and there read to them a speech, in which he asked their interposition to re-establish order. Although couched in terms of some caution, yet the manner in which it was delivered, made it evident that it was meant as a surrender at discretion. He returned to the Chateau a foot, accompanied by the Assembly. They sent off a deputation to quiet Paris, at the head of which was the Marquis de La Fayette, who had, the same morning, been named Commandant en chef of the Milice Bourgeoise ; and Mon- sieur Bailly, former President of the States General, was called for as Prevot des Marchands. The demolition of the Bastile was now 100 JEFFERSON'S WORKS. ordered and begun. A body of the Swiss guards, of the regi- ment of Ventimille, and the city horse guards joined the people. , The alarm at Versailles increased. The foreign troops were or- dered off instantly. Every Minister resigned. The King con- firmed Bailly as Prevot des Marchands, wrote to M. Necker, to recall him, sent his letter open to the Assembly, to be forwarded by them, and invited thera to go with him to Paris the next day, to satisfy the city of his dispositions ; and that night, and the next morning, the Count d'Artois, and M. de Montesson, a deputy con- nected with him, Madame de Polignac, Madame de Guiche, and the Count de Vaudreuil, favorites of the dueen, the Abbe de Ver- mont her confessor, the Prince of Cond^and Duke of Bourbon fled. The King came to Paris, leaving the dueen in consternation for his return. Omitting the less important figures of the procession, the King's carriage was in the centre ; on each side of it, the As- sembly, in two ranks a foot ; at their head the Marquis de La Fayette, as Commander-in-chief, on horseback, and Bourgeois guards be- fore and behind. About sixty thousand citizens, of aU forms and conditions, armed with the conquests of the Bastile and Invalids, as- far as they would go, the rest with pistols, swords, pikes, prun- ing-hooks, scythes, &c., lined all the streets through which the procession passed, and with the crowds of people in the streets, doors, and windows, saluted them everywhere with the crjes of " vive la nation," but not a single ." vive le Roi" was heard. The King stopped at the Hotel de Ville. There M. Bailly presented, and put into his hat, the popular cockade, and addressed him. The King being unprepared, and unable to answer, Bailly went to him', gathered from him some scraps of sentences, and made out an answer, which he delivered to the audience, as from the King. On their return, the popular cries were " vive le Roi et la nation." He was conducted by a garde Bourgeoise to his palace at Versailles, and thus concluded an " amende honorable," as no sovereign ever made, and no people ever received. And here, again, was lost another precious occasion of sparing to France the crimes and cruelties through which she has since passed, and to Europe, and finally America, the evils which AUTOBIOGRAPHY. 101 flowed on them also from this mortal source. The King was now become a passive machine in the hands of the National Assembly, and had he been left to himself, he would have willingly acquiesced in whatever they should devise as best for the nation. A wise constitution would have been formed, hered- itary in his line, himself placed at its head, with powers so large as to enable him to do all the good of his station, and so limited, as to restrain him from its abuse. This he would have faithfully administered, and more than this, I do not believe, he ever wished. But he had a Queen of absolute sway over his weak mind and timid virtue, and of a character the reverse of his in a,ll points. This angel, as gaudily painted in the rhapso- dies of Burke, with some smartness of fancy, but no sound sense, was proud, disdainful of restraint, indignant at all obstacles to her will, eager in the pursuit of pleasure, and firm enough to hold to her desires, or perish in their wreck. Her inordinate gambling and dissipations, with those of the Count d'Artois, and others of her clique, had been a sensible item in the exhaustion of the treasury, which called into action the reforming hand of the na- tion ; and her opposition to it, her inflexible perverseness, and dauntless spirit, led herself to the Guillotine,- drew the King on with her, and phmged the world into crimes and calamities which will forever stain the peiges of modern history. I have ever be- lieved, that had .there been no Q,ueen, there would have been no revolution. No force would have been' provoked, nor exercised. The King would have gone hand in hand with the wisdom of his sounder counsellors, who, guided by the increased lights of the age, wished only, with the same pace, to advance the princi- ples of their social constitution. The dped which closed the mortal course of these sovereigns, I shall neither approve nor con- demn. I am not prepared to say, that the first magistrate of a nation cannot commit treason against his country, or is unamena- ble to its punishment ; nor yet, that where there is no .Vritten law, no regulated tribunal, there is not a law in our hearts, and a power in ouf hands, given for righteous employment in maintain- ing right, and redressing wrong. Of those who judged the King, 102 JEFFERSON'S WOEKS. many thought him wilfully criminal ; many, that his existence would keep the nation in perpetual conflict with the horde of Kings who would war against a generation which might come home to themselves, and that it were better that one should die than all. I should not have voted with this portion of the legis- ture. I should have shut up the Q,ueen in a convent, putting harm out of her power, and placed the King in his station, in- vesting him with limited powers, which, I verily believe, he would have honestly exercised, according to the measure of his understanding. In this way, no void would have been created, courting the usurpation of a military adventurer, nor occasion given for those enormities which demoralized the nations of the world, and destroyed,' and is yet to destroy, millions and millions of its inhabitants. There are three epochs in history,- signalized by the total extinction of national morality. The first was of the successors of Alexander, not omitting himself': The next, the successors of the first Ca;sar : The third, our own age. This, was begun by the partition of Poland, followed by that of the treaty of Pilnitz ; next the conflagration of Copenhagen ; then the enormities of Bonaparte, partitioning the earth at his will, and devastating it with fire and sword ; now the conspiracy of Kings, the successors of Bonaparte, blasphemously calling therriselves the Holy Alliance, and treading in the footsteps of their incarcer- ated leader; hot yet, indeed, usurping the government of other nations, avowedly and in detail, but controlling by their armies the fomis in which they will permit them to be g&verned ; and reserving, in petto, the order and extent of the usurpations further meditated. But I will return from a digression, antici- pated, too, in time, into which I have been led by reflection on the criminal passions which refused to the world a favorable oc- casion of saving it from the afflictions it has since suffered. M. Necker had reached Basle before he was overtaken by the letter of the King, inviting him back to resume the office he had recently left. He returned immediately, and all the other Ministers having resigned, a new administration was named, to wit : St. Priest and Montmorin were restored ; the AUTOBIOGRAPHY. 103 ArchbisTiop of. Bordeaux was appointed Garde des sceaux, La Tour du Pin, Minister of War ; La Luzerne, Minister of Marine. This last was believed to have been effected by the friendship of Montmorin ; for although differing in politics, they continued firm in friendship, and Luzerne, although not an able man, was thought an honest pne. And the Prince of Bauvau was taken into the Council. Seven Princes of the blood Royal, six ex-Ministers, and many of the high Noblesse, having fled, and the present Ministers, except Luzerne, being all of the popular party,- all the functiona- ries of government moved, for the present, in perfect harmony. In the evening of August the 4th, and on the motion of the Viscount de Noailles, brother in law of La Fayette, the Assem- bly abolished all titles of rank, all the abusive privileges of feu- dalism, the tithes and casuals of the Clergy, all Provincial privileges, and, in fine, the Feudal regimen generally. To the suppression of tithes, the Abbe Sieyes was vehemently oppos- ed; but' his learned and logical arguments were unheeded, and his estimation lessened by a contrast of his egoism (for he was beneficed on them), with the generous abandonment of rights by the other members of the Assembly. Many days were em- ployed in putting into the form of laws, the riumerous demoli- tions of ancient abuses ; which done, they proceeded to the preliminary work of a Declaration of rights. There being much concord of sentiment on the elements of this instrument, it was liberally framed, and passed with a very general appro- bation.' They then appointed a Committee for the "reduction of a projet" of a constitution, at the head of which was. the Archbishop of Bordeaux. I received from him, as chairman of the Committee, a letter of July 20th, requesting me to attend and assist at their deliberations ; but. I excused myself, on the obvious corisiderations, that my mission was to the King as Chief Magistrate of the nation, that my duties were limited to the concerns of my own country, and forbade me to intermed- 'dle with the internal transactions of that, in which I had been received under a specific character only. Theirplan of a con- 104 ■ JEFFERSON'S WOKKS. stitution was discussed in sections, and so reported from time to time, as agreed to by the Committee. The first respected the general frame of the government ; and that this should be formed into three departments. Executive, Legislative and Ju- diciary, was generally agreed. But when they proceeded to subordinate developments, many and various shades of opinion came into conflict, and schism, strongly marked, broke the Pa- triots into fragments of very discordant principles. The first question. Whether there should be a King ? met with no open opposition ; and it was readily agreed, that the government of Prance should be monarchical and l\ereditary. Shall the King have a negative on the laws ? shall that negative be absolute, or suspensjve only ? Shall there be two Chambers of Legisla- tion ? or one only ? If two, shall one of them be hereditary ? or for life ? or for a fixed term? and named by the King? or elected by the people ? These questions found strong diifer- ences of opinion, and produced repulsive combinations ahaong the Patriots. The Aristocracy was cemented by a common principle, of preserving the ancient regime, or whatever should be nearest to it. Making this their polar star, they inoved in phalanx, gave preponderance on every question to the minorities of the Patriots, and always to those who advocated the least change. The features of the new constitution were thus as- suming a fearful aspect, and great alarm was produced among the honest Patriots by these dissensions in their ranks. In this uneasy state of things, I received one day a note from the Mar- quis de La Fayette, informing me that he should bring a party of six or eight friends to ask a dinner of me the next day. I assured him of their welcome. When they arrived, they were La Fayette himself, Duport, Barnave, Alexander la Meth, Blacon, Mounier, Maubourg, and Dagout. These were leading Patriots, of honest but differing opinions, sensible of the neces- sity of effecting a coalition by mutual sacrifices, knowing each other, and not afraid, therefore, to unbosom themselves mutu^ ally. This last was a material principle in the selection. With this view, the Marquis had in /ited the conference, and had fixed AUTOBIOGKAPHY. 105 the time and place inadvertently, as to the embarrassment under ■which it might place me. The cloth being removed, arid wine set on the table, after the American manner, the Marqnis intro- duced the objects of the conference, by summarily reminding them of the state of things in the Assembly, the -course which the principles of the Constitution were taking, and the inevita- ble result, unless checked by more concord among the Patriots themselves. He observed, that although he also had his opinion, he was ready to sacrifice it to that of his brethren of the same cause ; but that a common opinion must now be formed, or the Aristocracy would carry everything, and that, whatever they should now agree on, he, at the head of the Na- tional force, Would maintain. The discussions began at the hour of four, and were continued till ten o'clock in the even- ing ; during which time, I was a silent witness to a coolness and candor of argument, unusual in 'the conflicts of political opinion ; to a logical reasoning, and chaste eloquence, disfigured by no gaudy tinsel of rhetoric or declamation, and truly worthy ' of being placed in parallel with "the finest dialogues of antiquity, as handed to us by Xenophon, by Plato and Cicero. The re- sult was, that the King should have a suspensive Veto on the laws, that the legislature should be composed of a qingle body only, and that to be chosen by the' people. This Concordate decided the |fate of the constitution. The Patriots all rallied to the principles thus settled, carried ^very question agreeably to them, and reduced the Aristocracy to insignificance and impo- tence. But duties of exculpation were now incumbent on me. I waited on Count Montmorin the next morning, and explained to him, with truth and candor, how it had happened that my house had been made the scene of conferences of such a char- acter. He told me, he already knew everything which had passed, that so far from taking umbrage at the use made of my house on that occasion, he earnestly wished I would habitually assist at such conferences, being sure I s'hould be useful in moderating the warmer spirits, and ptomoting a wholesome and practicable reformation only. I told him, I knew too well the 106 JEtFEESON'S WORKS. duties I owed to the King, to the nation, and to my own, coun- try, to take any part in councils concerning their internal gov- ernment, and that I should persevere, with care, in the charac- ter of a neutral and passive spectator, with wishes only, and very sincere ones, that those measures might prevail whidh ■would be for the greatest good of the nation. I have no doubts, indeed, that this conference, was previously known and ap- proved by this honest Minister, who was in confidence and communication with the Patriots, and Wished for a reasonable reform of the Constitution. Here I discontinue rhy relation of the French Revolution. The minuteness with, which I have so far given its details, is disproportioned to the general scale of my narrative. But I have thought it justified by the interest which the whole world must take in this Revolution. As- yet, we are but in the- first chapter of its history. The appeal to the rights of nian, which had been rriade in the -United- States, was taken up by Prance, .first of the European nations. From her, the spirit has spread ' over those of the South. The tyrarlts of ' the North have allied indeed against it; but it is irresistible. Their opposition will only multiply its, millions of human victims ; their own satellites will catch it, and the condition of inan through the civilized world, will be finally and .greatly ameliorated. This is a won- derful instance of great events from small causes. So inscru- table is the' arrangement of causes and consequences ifi this world, that a two-penny duty oh tea, imjustly imposed in a se- questered part of it, changes the condition of all its inhabitants. I have been more minute in relating the early transactions of this regeneration, .because I was in circumstances peculiarly favorable for a knowledge of the truth. Possessing the con- fidence and intimacy of the leading- Patriots, and niore than all, of the Marquis Payette, their head and Atlas, who had no secrets from me, I learned with correctness the views and proceedings of that party ; while my intercourse with the diplomatic mis- sionaries of Europe, at Paris, all of them with the courty and eager in prying into its councils and proceedings, gave me a AUTOBIOGRAPHY. 107 knowledge of these also. My information was always, and im- mediately committed to writing, in letters to Mr. Jay, and often to my friends', and a recurrence to these letters now insures me against errors of memory. These opportunities of information ceased at this period, with my retirement from this interesting scene of action. I had been more than a year solici-tirig leave to ,gd> homCj with a view to place my daughters in the society and care of their friends, and to return for a short time to- my station at Paris. But the meta- morphosis-through Which our government was then passing from its Chrysalid to its Organic form suspended its action in a great degree ; and it was not till the last of August, that I received the permission I had asked. And here, I cannot leave this great and good country, Without expressing my sense of its pre-emi- nence of character among the nations- of the earth. A more benevolent people I have never known, -nor greater warmth and devotedness in their select friendships. Their kindness and ac- commodation to strangers is unparalleled, and the hospitality of Paris is beyond anything I -had- conceived to be practicable in a large city. Their eminence, too, in science, the communica- tive dispositions of their Scientific men, the politeness of the general manners,, the ease and vivacity of- their conversation, give a charm to their society, to be found nowhere else. In a comparison of this, with other countries, we have the proof of primacy, which was given to Themistocles, after the battle of Salamis. ' Every general voted to himself the first reward of valor, and the second to Themistocles. So, ask the travelled inhabitant of any nation, in what country on earth would you rather live ? — Certainly, in my own, where are all my friends, my relations, and the earliest and sweetest affections and recol- lections- of my life. • Which would be yoin Second choice ? France. On the ?6th of September I left Paris foi Havre, where I was detained by contrary winds until the 8th of October. On that day, and the 9th, I crossed over to Cowes, where I had en- gaged the Clermont, Capt. Colley, to touch for me. She did so ; \08 JEFFEESON'S WOEKS. . but here again we were detained by contrary winds, until the ,22d, when we embarked, and landed at Norfolk on the 23d of November. On my way home, I passed some days at Ep- pington, in Chesterfield, the residence of my friend and connfec- tion, Mr. Eppes ; and, while there, I received a letter from the President, General Washington, by express, covering an, appoint- ment to be Secretary of State.* I received it with real -regret. My wish had been to return to Paris, where, I had left my household establishment, as if there myself,. and to see the end of the Revolution, which I then thought woxild be certainly and happily closed in l^ss than a year. I then meant to return home, to withdraw froni political life, into which I had been impressed by the circumstances of the times, to sink into the bosom of my family and friends, and devote myself to studies more qongenial to my mind. In my answer of December ^ 15th, 'I expressed these dispositions candidly to the President; and my preference of a return to Paris ; but assured him, that if it was believed I could be more useful in the administration of the government, I would sacrifice my own inclinations without hesitation, and re- pair to that destination ; this I left to his decision. I arrived at Monticello on the 23.d of December, where I received a' second letter from the President, expressing his continued wish that 1 should take my station there, but leaving me still at liberty to continue in my former office,- if I could not reconcile myself to that now proposed. This silenced my reluctance, and I accept- ed the new appointment. In the interval of my stay at home, my eldest daughter had been happily married to the eldest son of the Tuckahde branch of Randolphs, a young gentleman of genius, science, and honor- able mind, who afterwards filled a dignified station in the Gene- ral Government, and the most dignified in big own State. I left Monticjeilo on the first of March, 1790, for New York. At Phila- delphia I called on the venerable and beloved Franklin. He was then on the bed of sickness from which he never rose. My recent return from a country in which he had left so many [* See Appendix, note H] [ AUTOBIOGRAPHY. 109 friends,. and the perilous convulsions to which they had'heen ex- posed, reviyed all his anxieties to know what part they had taken, what had been their course, and what their fate. He went over all iji succession, with a rapidity and animation al- most too much for his strength. When all his inquiries were satisfied, and a pause took place, I told him I had learned with much pleasure that, since his return to America, he had been, oc- cupied in preparing for the world the history of his own life. I cannot say much of that, said he ; but I will give you a sample of what I shall leave ; and he directed his little grandson (Wil- liam Bachc) who was standing by the bedside, to hand him a paper from the table, to which he pointed. He did so ; and the Doctor putting it into my hands, desired me to take it and read it at my leisure. It was about a qiiire of folio paper, written in a large and running hand, very like .his own. I looked into it slightly, then shut it, and said I would accept his permission to read it, and would carefully return it. - He said, " no, keep it." Not certain of his meaning, I again looked into it, folded it for my pocket, and said again, I would certainly return it. " No," said he, " keep it." I put it into my pocket, and shortly after took leave of him. He died on the 17th of the ensuing month of April ; and as I understood that he had bequeathed all his papers to his grandson, William Temple Fraiikliii, I immediately wrote ' to Mr. Franklin, to inform him I. possessed this paper, which I should consider as his property, and w,ould deliver to his order. IJe came On immediately to New York, called on me for it, and I delivered it to him. As he put it into his pocket, he said c*relessly, he had either the original, or another copy of it, I do not recollect which. This last expression struck my attention forcibly, and for the first time suggested to me the thought that Dr. Franklin had meant it as a confidential de- posit in my hands, and that I had done wrong in parting from it. I have not yet seen the . collection he published of Dr. Franklin's works, and, therefore, know not if this is among them. I have been told it is not. It contained a narrative of the negotiations between Dr. Franklin an'd the British Ministry, 110 JEFFEKSON'S WOEKS. . when he was endeavoring to prevent the contest of arms which followed. The negotiation was brought about by the interven- tion of Lord Howe and his sister, who, I believe, was called Lady Howe, but I may misremepaber her title. Lord Howe seems to have been friendly to America, and exceedingly anx- ■ ious to prevent a rupture. : His intimacy with Dr. Franklin, and his position with the Ministry, induced him to undertake a me-" diation between theih ; iri which his sister seemed to, have been associated. They carried from one to the other, backwards and forwards, the several propositions and answers which passed, and seconded with their own intercessions, the importance of mutual sacrifices, to preserve the peace and connection of the two coun- tries. I remember that Lord North's answers were dry, im- yielding, in the spirit of unconditional submission, and betrayed an absolute indifference to the occurrence of a rupture; and he said to the mediators distinctly, at last, that " a rebellion was not ■ to be deprecated on the part of Grea.t Britain ; that the confisca- tions it would produce would provide for.many of their friends." This expression was reported by the mediators to Dr. Franklin, and indicated so cool and calcidated a purpose in the Ministry, as to render compromise hopeless,' and the negotiation was dis- continued. If this' is not among the papers published, we ask, what has become of it ? I delivered it with my own hands, into those of Temple Franklin. It certainly established views so atrocious in the British government, that its suppression would, to them, be worth a great price. But could' the grandson of Dr. Franklin be, in suth degree, an accomplice in the parri- cide of the memory of his immortal grandfathe*? The suspen- sion for more than twenty years of the general publication, be- queathed and confided to him, produced, for awhile, hard. sus- picions against him ; and if, at last; all are not published, a part of these suspicions may remain with some. I arrived at New York on the 21st of March, where Congress was in session. APPENDIX. , ■ • ♦ • ■ : , [Note A.] LETTER TO JOHN gAUNDERSON, ESQ. ; Monticello, August gl, 1820. Sm, Your Letter of the 19th was receivedi in due time, and I wish It were in my power to furnish you more fully, than in the en- closed paper,, with materials -for. the hiography of George Wythe ; but I possess none in writing, am very distant from the place of his' birth and early life, and know not a single person. in that quarter from whom inquiry could be made, with the expectation of collecting anything material. Add to this, that feeble health- disables me, almost, from writing ; and entirely from . the labor of going into difficult research. Ibecame acquainted with Mr. Wythe when he was about thirty-five years of age. He directed my studies in the law, led me into business, and continued, until' death, my most aifectionate friend. A close intimacy with him, during that period of forty odd years, the most important of his life, enables me to state its leading facts, which, being of my own knowledge, I vouch their truth. Of what precedes that period^ I speak from hearsay only, in which there may be error, but of little account, as the character of the facts will themselves manifest. In the. epoch of his birth, I may err a little, stating that from the recollection of a particular incident, the date of which, within a. year or two, I do not distinctly remember. These scanty outlines .you will be able, I hope, to fill up from other information, and they may serve you, sometimes, as land- marks to distinguish truth from error, in what you hear from 112 JEFFERSON'S "WORKS. . .Others. The exalted virtue of the man -will also be a. polar star to guide you in all matters which may touch that element of his character. But on that you will receive imputation from no man ; for, as far as I know, he never had an enemy. Little as I am able to contribute to the just reputation of this .excellent man, it is the act of my life most gratifying to my heart ; and leaves me only to regret that a waning memory can do no more. Of Mr. Hancock I can say nothing, having known him only in the chair of Congress. Having myself been the youngest man but one in that body, the disparity of age prevented any particular intimacy.' But of him there can be no difficulty in obtaining full information -in the North. I salute you, Sir, with sentiments of great respect, Tb. Jeffeeson. notes rok the biogkapht of george wtthe. George Wythe was born about the year 1727, 6i 1728, of a respectable family in the County of Elizabeth City; on the shores of the Chesapeake. He inherited, .from his father, a fortune suf- ficient for independence and ease. He had not the benefit of a regular education in the schools, but acquired a good one of him- self, and without assistance ; insomuch, as to become the best Latin and Greek scholar in the State. It is said, that while -read- ing the Greek Testament, his mother held an English one, to aid him in rendering the Greek text conformably with that. He also acquired, by his own reading, a good knowledge of Mathematics, and of Natural and Moral Philosophy. He engaged in the study of the law under the direction of a Mr. Lewis, of that profession, and went' early to the bar of the General Court, then occupied by men of great ability, learning, and dignity in their profession. Ho soon became emirjent among them, and, in process of time, the first at the bar, tajcing into consideration his superior learn- ing, correct elocution, and logical style of reasoning ; for in plead- ing he never indulged himself with an useless or declamatory thought or word ; and became as distinguished by correctness APPENDIX. 113 and purity of 'conduct in his profession, as he was by his indus- try and .fidelity to those who employed him. He was early elected ib the" House of Representatives, then called the House of Burgesses, and continued in it until the Revolution. On the first dawn of that, instead of higgling on half-way principles, as others did, who feared to follow th6ir reason, he took his stand on the solid ground that the only link of political union between us and Great -Britain, was the identity of our Executive ; that that nation and its Parliament had no naore authority over us, than we had over them, and that we were co-ordinate liations with Great Britain and Hanover. In 1774, he was a member of a Coihniittee of the House of Burgesses; appointed to prepare a Petition to the King, a Memo- rial to the House of Lords-, and a Remonstrance to the House of Commons, on the subject of the proposed Stamp Act. He was made draughtsman of the last, and, following his own principles, he so far overwent the timid hesitations of his colleagues, that his draught was su"bjected by them to material modifications ; and, wheti the famous Resolutions of Mr. Henry, in 1775, were proposed, it was not on any difference of principle that they were opposed by Wythe, Randolph, Pendleton,- Nicholas, Bland, and other worthies, who had long been the habitual leaders of the House ; but' because those papers of the preceding session had already expressed the same Sentiments and assertions of right, and that an answer to them was yet to be expected. In August, 1775, he was appointed a member of Congress, and in 1776, signed the Declaration of Independence, of which he had, in debate, been an eminent supporter. And subsequently, in the same year, he was appointed, by the Legislature' of Vir- gmia, one of a Committee to revise the laws of the State, as well of British as of Colonial enactment, and to prepare bills for re- enacting them, with such alterations as the change in the form, and principles of the government, and othfer circumstances, re- quired ; and of this work, he executed the period commencing with the revolution in England, and ending With the establish- ment of the new goveimnent here ; excepting the Acts for regu- VOL. I. 8 114 JEFFEESON'S WORKS. lating descents, for religious freedom, and for proportioning crimes and punishments. In 1777, He was chosen Speaker of) the House of Delegates, being of distinguished learning in Parliainentary law and proceedings ; and towards the end of the same year, he was appointed one of the three Chancellors, to whom that de- partment of the Judiciary was confided, on the first organization of the new government. On a subsequent change of the form of that court, he was a,ppointed sole Chancellor, in which office he continued to act until his death, which happened in June, 1806, about the seventy-eighth or seventy-ninth year of his age. Mr. Wythe had been twice married : first, I beheve, to a daugh- ter of Mr. Le\vis, with whom he had studied law, and afterwards to a Miss Taliaferro, of a wealthy and respectable family in the neighborhood of Williamsbufg ; by neither of whom did he leaye issue. No man ever left behind him a character more venerated than George Wythe. His virtue was of the purest tint ; his integrity inflexible, and his justice exact; of warm patriotism, and, de- voted as he was to liberty, and the natural and equal rights of man, he might truly be called the Cato of his country, without the avarice of the Roman ; for a more disinterested person never lived. Temperance and regularity in all his habits, gave him general good health, and his unaffected modesty and suavity of • manners endeared him to every one. He was of easy elocution, his language chaste, methodical in the arrangement of his matter, learned and logical in the use of it, and of great urbanity in de- bate ; not quick of apprehension, but, with a little time, profound in penetration, and sound in conclusion. In his philosophy he was firm, and neither troubling, nor perhaps trusting, a,ny one with his religious creed, he left the world to the conclusion, that that religion must be good which could produce a life of such exemplary virtue. , His stature was of the middle size, well formed and propor- tioned, and the features of his face were manly, comely, and en- gaging. Such was George Wythe, the honor of his own, and the mpdel of future times. APPENDIX. 116 . . [Note B.] letter to samuel a. wells, esq. Monticello, May 12, 1819. Sib, An absence of some time at an occasional and distant residence, must apologize for the delay in acknowledging the receipt of your favor of April 12 ; and, candor obliges me to add, that it has been somewhat extended by an aversion to writing, as well as to calls on my memory for facts so much obliterated from it by time, as to lessen my own. confidence in the traces which seem to remain. One of the inquiries in your letter, however, may be answered without an appeal to the memory. It is that respect- ing the question, whether committees of correspondence origin- ated in Virginia, or Massachusetts ? on which you suppose ^me to have claimed it for Virginia ; but certainly I have never niade such a claim. The idea, I suppose, hag been taken up from what is said in Wirt's history of Mr. Henry, page 87, and from an in- exact attention to its precise terms. It is there said, " this House (of Burgessses, of Virginia) had the merit of originating that powerful engine of resistance,, corresponding committees between the legislatures of the different colonies." That the fact, as here expressed, is true, your letter bears witness, when it says, that the resolutions of Virginia, for this purpose, were transmitted to the speakers of the different assemblies, and by that of Massa- chusetts, was laid, at the next session^ before that body, who ap- pointed a committee for the specified object : adding, " thus, in Massachusetts, there were two committees of correspondence, one chosen, by the people, the other appointed by the House of As- sembly ; in the former, Massachusetts preceded Virginia ; in the latter, Virginia preceded Massachusetts." To the origination of committees for the interior correspondence between the counties and towns of a State, I know of no claim on the part of Vir- ginia ; and certainly none was ever made by myself. I perceive, however, one error, into which memory had led me. Our com- 116 JEFFERSON'S WORKS. mittee for national correspondence, was appointed in March, '73, and I well remember, that going to Williamsburg, in the month of June folloA^Ung, Peyton Randolph, our Chairman, told me that messengers bearing despatches between the two States, had crossed each other by the way, that of Virginia carrying our pro- positions for a committee of national correspondence, and that of Massachusetts, bringing, as my memory suggested, a similar proposition. But here I must have misremehiberfed ; and the resolutions brought us from Massachusetts, wete probably those yspu mention of the town-meeting of Boston, on the motion of Mr. Samuel Adams, appointing a committee " to state the rights of the colonists, and of that province in particular, and the in- fringements of them ; to communicate them to the several towns, as the sense of the town of Boston, and to request, of each towii, a free communication of its sentiments oii the subject." I sup- pose, therefore, that these resolutions were not received, as you think, while the House of Burgfesses was in session in March, 1773, but a few days after we rose, and were probably what was- sent by the messenger, who crossed ours by the way. They may, however, have been still different. ■ I must, therefore, have bisen mistaken in supposing, and stating to Mr. Wirt, that the proposition of a committee for national correspondence, was near- ly simultaneous in Virginia and Massachusetts. A similar misapprehension of another passage in Mr. Wirt's book, for which I am also quoted, has produced a similar recla- mation on the part of Massachusetts, by some of her most dis- tinguished and estimable citizens. I had been applied to by Mr. Wirt, for such facts respecting Mr. Henry, as iny intimacy with him, and participation in the transactions of the day, niight have placed within my knowledge. I accordingly committed them to. paper ; and Virginia being the theatre of his action, was the only subject within my contemplation. While speak- ing of him, of the resolutions and measm-es here, in which he had the acknowledged lead, I used the expression, that " Mr. Henry certainly gave the first impulse to the ball of revolution." [Wirt, page 41.] The expression is indeed general, and in all APPENDIX. 117 its extension, would comprehend all the sister States ; but in- dulgent construction -wquM restrain it, as was really meant, to the subject matter uilder contemplation, which was Virginia alone ; according to the rule of the lawyers, and a fair canon of general criticism, that every expression should be construed secundum subjectam materiam. Where the first attack was made, there must hiave been of course, the first act of resist- ance, and that was in- Massachusetts. Our first overt act of war, was Mr. Henry's sembodying a fore? of militia from seve- ral counties, regularly armed and organized^ marching them in military array, and riiaking reprisal on the King's treasury at the seat of government, for the public powder taken away by his Governor. This was on the last days . o( April, 1775. Your formal battle of Lexington, was ten or twelve days before that, and greajtly overshadowed in importance, as' it preceded in time, our little affray, ■w^hich merely amounted to a levying of arms against the King ; and very possibly, you had had military af- frays before the regular battle of Lexington. . These explanations will, I hope, assure you, Sir, that so- far a^ either facts Or opinions have been truly quoted from me, they have never been meant to intercept the just fame of Massachu- setts, for the promptitude and perseverance of her early resist- ance. We willingly cede to her the laud of having been (al- though not exclusively) "the cradle of sound principles," and, if some of us believe she has deflected from them in her course, we retain full confidence in her ultimate return to them. ■ I will now proceed to your quotation from Mr. Galloway's statement of what passed in Congress, on their Declaration of Independence ; in which statement there is not one word of truth-, and where bearing some resemblance to truth, it is an. en- tire perversion of it. I do not charge this- on Mr. Galloway himself ; his desertion having taken place long before these meas- ures, he doubtless received his information from some of the loyal friends whom he left behind him. But as yourself, as Weir as others, appear embarrassed by inconsistent accounts of the proceedings on that memorable occasion, and as those who 118 JEFFERSON'S WORKS. . have endeavored to restore the truth, have themselves commit- ted some errors, I will give you some extracts from a written document, on that subject ; for the truth of which I pledge my- self to heaven and earth ; having, while the question of Inde- pendence was under consideration before Congress, taken writ- ten notes, in my seat, of what was passing, and reduced them to form on the final conclusion, I have now before me that paper, from which the following are extracts. " Friday, June Tth, 1776. The delegates from Virginia moved, in obedience to instructions from their constituents, that the Congress should" declare that these Unjted Colonies are, and of right ought to be, free and independent States ; that,.they are absolved from all al- legiance to the British crown, and that all political connection between them and the State of Great Britain is, and ought to be totally dissolved ; that measures should be immediately taken for procuring the assistance of foreign powers, and a Con- federation be formed to bind the colonies more closely together. The House, being obliged, to attend at that time to. some other business, the proposition was referred to the next day, when the members were ordered to attend punctually at ten o'cjlock. Saturday, June 8th. They proceeded to take it into considera- tion, and referred it to a committee of the whole, into which they immediately resolved themselves, and passed that day in debating on the subject. " It appearing in the course of these debates, that the colonies of New York, New Jersey, Pennsylvania, Delaware, Maryland and South Carolina, were not yet matured for falling from thp parent stem, but that they were fast advEincing to that state, it was thought most prudent to wait a while for them, and to post- pone the final decision to July 1st. But that this might occa- sion as little delay as possible, a Committee was- appointed to prepare a Declaration of Independence. The Committee were John Adams, Dr. Franklin, Roger Sherman, Robert R.- Livings- ton and myself. This was reported to the House on Friday, the 28th of June, when it was read and ordered to he on the table. On Monday, the 1st of July, the House resolved itself into a APPENDIX. ■ llig Committee of the whole, and' resumed the consideration of the original motion made by the delegates of Virginia, -which, be- ing again debated through the day, was carried in the afhrma- tive by the votes, of New Hampshire, Connecticut, Massachu- setts, Rhode Island, New Jersey^ Maryland, Virginia, North Caro- lina and Georgia. South Carolina and Pennsylvania voted against it. Delaware had but two members present, and they were divided. The delegates from New York declared they were for it themselves, and were assured their constituents were for it ; but, that their instructions having been drawn near a twelvemonth before. When reconciliation was still the generd object, they -wrere enjpined by them, to do nothing which should impede that object. They, therefore, thought themselves not justifiable in voting on either side, and asked leave to with- draw from the question, which was given them. The Com- mittee rose, and reported their resolutions to the House. Mr. Rutledge, of South Carolina, then requested the determination might be put off to the next day, as he believed his colleagues, though they disapproved of the resolution, would then join in it for the sake of unanimity. The ultimate question, whether the House would agree to the resolution of the Committee, was ac- cordingly postponed to the next day, when it was again moved, and South Carolina concurred in voting for it. In the mean- time, a third member had come post from the Delaware coun- ties, and turned the vote of that colony in favor of the resolu- tion. Meriibers of a different sentiment attending that morn- ing from Pennsylvania also, her vote was changed ; so that the whole twelve colonies, who were authorized to vote at all, gave their votes for it ; and within a few days [July 9th] the con- vention of New York approved of it, and this supplied the void occasioned by the withdrawing of their delegates from the Vote." [Be careful to observe, that this vacillation and vote were on the original motion of the 7th of June, by the Virginia delegates, that Congress should declare the colonies independ- ent.] "Congress proceeded, the same' day, to consider the Declaration of Independence, .which had been reported and 120 JE-FFEESON'S WORKS. laid on the table the Friday preceding, and on Monday, referred to a Committee of the whole. The pusillanimous idea, that we had friends in England worth keeping terms with, still haunted the mmds of many. For this" reason, those passages which conveyed censures on the people of England were struck out, lest they should give them offence. The debates having taken up the greater parts of the second, third .and fourth days of July, were, in the evening of the last, closed ; the Declaration was repgrted by the Gommittee, agreed to by the House, and signed by every member present except Mr. Dickinson." So far my notes. - (Grovernor M'Ke^n.,, in his letter to McGorkle oL July 16th, 1817j has thrown some lights oh the transactions of that day ; but, trusting to his. memory chiefly, -at an age when our memo- ries are not to be trusted, he has confounded two questions, and ascribed proceedings to one which belonged to the other. These two questions were, 1st, the Virginia motion of June the 7th, to declare Independence ; and 2d, the actual Declaration, its matter and form.. Thus he states the question on the Declara- tion itself, as decided on the - 1st of July ; but it was the Vir- ginia motion which was voted on that day in committee of the whole ; South Carolina, as well as Pennsylvania, then voting against it. But the ultimate decision in the House, on the re- port of the Committee, being, by request, postponed to the next morning, all the States voted for it, except New York, whose vote was delayed for the reason before stated. It was not till ' the 2d of July, that the Declaration itself was taken up ; nor till the 4th, that it was decided, and it was signed by every member present, except Mr. Dickinson. The subsequent sign itures of members who were not then present, and some of tl" im not yet in oflice, is easily explained, if we observe who th€ y were ; to wit, that they were of New York and Pennsylvania. New York did not sign till the 15th, because it was not till the 9th (five days after the general sig- nature), that their Convention authorized them to do so. The Convention of Pennsylvania, learning that it had -been signed APPENDIX. 121 by a minority 'only of their delegates, named a new delegation on the 20.th, leaving but Mr. Dickinson, who had refused to. sign. Willing and Humphreys who had withdrawn, re-appoint- ing the three members who had. signed, Morris, who had not been present, and five- new ones, to wit, Rush, Clymer, Smith, Taylor and Ross: and Morris, and the five new members were permitted to sign, because it manifested the assent' of their full delegation, and the express will of their Convention, which might have been doubted, on th^ former signature of a minority only. Why the signature of Thornton, of New Hampshire, was permitted so late as the 4th of November, I cannot now say ; but undoubtedly for some particular reason, which we should fiiid to have been good, had it been expressed. These were the only post-signers, and. you see. Sir, that there were solid reasons for receivi'ng those of New York .and Pennsyl- vania, and that this circumstance in no wise affects the faith of this Declaratojy Charter of our rights, and of the rights of man. ' • With a view to correct errors of fact before they become in-, veterate by repetition, I have stated what I find essentially mate- rial in my papers, but with that brevity, which the labor of writing constrains me to use. On the four particular articles of enquiry in your letter, respect- ing yoiir graiidfather, the venerable Samuel Adams, neither me- mory nor memorandums enable me to give any information. I can say that he was truly a great man, wise in council, fertile in resour6es, immoveable in his purposes, and had, I think, a greater share than any other member, in advising and directing our meas- ures, in the Northern war. As a speaker, he could not be com- pared with his living colleague and namesake, whose deep con- ceptions, nervous style, and undaunted firmness, made him truly our bulwark in debate. But Mr. Samuel Adams, although not of fluent elocution, was so rigorously logical, so clear in his views, abundant in good sense, and master alVays of his 'subject, that he commanded the most profound attention, whenever he rose in an assembly,. by which the froth of declamation was heard with the 122 JEFFERSON'S WORKS. most sovereign contempt. I sincerely rejoice, that the record q{ his worth is to be undertaken by olie so much disposed as you will be, to hand him down fairly to that .posterity for whose lib- erty and happiness he was so zealous a laborer. With sentiments of sincere- veneration for his memory, accept yourself this tribute to it, with the assurance of my great respect. P. S. August 6th, 1823. Since the date of this letter, to-wit, this day, August 6, '22, I have received the new publication of the Secret Journals of Congress, wherein is stated a resolution of July 19th, If 76, that the Declaration passed on the 4th, be fairly engrossed on parchment, and When engrossed, be signed by every member ; and another of Ailgust 2nd, that being engrossed and compared at thq' table, it was signed by the members ; that is to say, the copy engrossed on parchment (for dura,bility) was signed by the members, after being compared at the table, with the ori- ginal one signed on paper as before stated. I add this P. S. to the copy of my letter to Mr. Wells, to prevent confounding the signature of the original with that of the copy engrossed on parchment. [Note C] On the instructions given to the first delegation of Virginia to Congress, in August, 1774. The Legislature of Virginia happened to be in session, in Wil- liamsburg, when news was received of the passage, by the British Parliament, of the Boston Port Bill, which was to take effect on the first day of June then ensuing. The House of Burgesses, thereupon, passed a resolution, recommending to their fellow-citi- zens, that that day should be set apart for fasting and prayer to the Supreme Being, imploring him to avert the calamities then threatening us, and to give us one heart and one mind to oppose every invasion of our'libertiesi The next day/ May the 20th, APPENDIX. . 123 1774, the Grovernor dissolved us. We immediately repaired to a room in the' Raleigh tavern, about one hundred paces distant from the Capitol, formed ourselves into a meeting, Peyton Randolph in the chair, and came to resolutions, declaring, that an attack on one colony, to enforce arbitraiy acts, ought to be considered as an at- tack on all, and to be opposed by the united wisdom of all. We, therefore, appointed a Committee of correspondence, to address letters to the Speakers of the several Houses of Representatives of the colonies, proposing the appointment of deputies from each, to meet annually in a General Congress, to deliberate on their common interests, and on the measures to be pursued in common. The piembers then separated to their several homes, except those of the Committee, who met the next day, prepared letters ac- cording to instructions, and despatched them by messengers ex- press, to their several destinations. It had been agreed, also, by the meeting, that the Burgesses, who should be elected under the writs then issuing, should be requested to meet in Convention, ' on a certain day in August, to learn the results of these letters, and to appoint delegates to a Congress, should that measure be approved by the other colonies. At the election, the people re- elected every man of the former Assembly, as a proof of their ap- probation of what they had done. Before I left home, to attend the Convention, I prepared what I • thought might be given, in instruction, to the Delegates Who should be appointed to attend the General Congress proposed. They were drawn in haste, with a number of blanks, with some uncertainties and inaccuracies of historical facts, which I neglected -at the moment, knowing they could be readily corrected at the meeting. I set out on my jour- ney, but was taken sick On the road, and was unable to proceed. I therefore sent on, by express,, two copies, one under cover to Patrick Henry, the other to Peyton Randolph, who I knew would be in the chair of the Convention. Of the former, no more was ever heard or 'knbwn. Mr. Henry probably thought it too bold, as a first measure, as the majority of the members did. On the Other copy being laid on the table of the Convention, by Peyton Randolph, as the proposition of a nlember, who was prevented 124 .• , JETFERSON'S WOKES. from attendance by «ickness on the rojid, tamer sentiments were preferred, and, I believe, wisely preferred; the leap I proposed' being too long., as yet, for the mass of our citizens. The distance between these, arid the instructions :actually adopted, is of some curiosity, however, as it shews the inequaUty of pace with which we moved, and the pi;udence required to keep front and rear to- gether. My creed had been formed on unsheathing the sword at Lexington. They printed the paper,^ however, and gave it the title of ' A summary view of the rights of British America.' In this form it got to London, where the opposition took it up, shaped it to • opposition views, and, in that form, it ran rapidly through several editions.- Mr. Marshall, in his history of General Washington, chapter 3, speaking of this proposition for Committees of correspondence and for a General Congress, says, ' this measure had already been proposed in town meeting, in Boston,' and some pages before, he had said, that ' at a session' of the General Court of Massachusetts, in September, 1770, that Court, in pursuance of a favorite idea of uniting all the colonies in one system of measures, elected a Committee of correspondence, to comiriimicate with such Com- mittees as might be appointed by the other colonies.' This is an error. The Committees of correspondence, elected by Massachu- setts, were expressly for -a correspondence among the several towns. of that province only. Besides the text of their proceedings, his own note X, proves this. The first proposition for a general cor- respondence' between the several states, and for a General Con- gress, was made by our meeting of May, 1774. Botta, copying. Marshall, has repeated his error, and- so it will be handed on from copyist to copyist, ad infinitum. Here follows my proposition, and the more prudent one which was adopted. Resolved, That it be an instruction to the, said deputies, when assembled in General Congress, with the deputies from the other states of British America, to propose to the said Congress, that an humble and dutiful address be' presented to his Majesty,, begging leave to lay before him, as Chief Magistrate of the British empire, the united complaints of his Majesty's subjects in America ; com- APPENDIX. 125 plaints which are excited by many unwarrantable encroachments and. usurpations, attempted to be made by the legislature of one part of the empire, upon- the rights which God, .and the laws, have given equally and independently to all. To jepresent to his Majesty that these, his States, have often individually made humble application to his imperial Throne, to obtain, through its intervention, some redress of their injured rights; to none of which, was ever even ail answer condeseended. Humbly to hope that this, their joint address, panned in the language of truth, and divested of those expressions of servility,, which would persuade his Majesty that we are asking favors, and not rights, shall .obtain from his Majesty a piore respectful acceptance ; and this his Ma- jesty will think we have reason to expect, when he reflects that he is no more than the chief ofiicer of the people, appointed by the laws, and- circumscribed with definite powers, to assist in working the great machine of < government, erected, for their use, and, consequently, SUbjfect to their superintendence ; and, in order that these, our rights, as well as the invasiqns of them, may be laid more fully before his Majesty, to take' a 'view of them, from the origin aijid first settlemeirt of these countries.- To remind him that our "ancestors, before jtheir emigration to America, were the free inhabitants of the British dominions in Europe, and possessed a right, which nature has giveji to all men, of departing from the country in which chance, not choice, has placed them, of going in quest of new habitations, and of there establishing new societies, under such laws and regulations as, to them,, shall seem -most likely to promote public happiness. That their Saxon ancestors had, under this universal law, in'like man- ner, left their native wilds and woods in the North of Europe, had possessed themselves of th^ Island of Britain, then less charged with inhabitants, and had established there that system of laws which has so long been the glory and protection of that country. Nor was eyer any claim of superiority or dependence asserted over them, by that niother country from which they had migra- ted.: and were such, a claim made, it is believed his Majesty's, subjects in .Great Britain have too firm a feeling of the rights de- 126. JEFFERSON'S ■WORKS. rived to them from their ancestors, to bow down .the sovereignty of their state before such visionary pretensions. And it is thought that no circumstance. has occurred to distinguish', materially, the British from the Saxon emigration. America was conquered, and her settlements made and firmly established^ at the expense of ia- dividuals, and not of the British public. Their own blood was spilt in acquiring lands for their settlement, their own fortunes expended in making that settlement effectual. For themselves they fought, for themselves they conquered, and for themselves alone they have right to hold. No shilling was ever issued from the public treasures of his Majesty, or his ancestors, for their assistance, till of very late times, after the colonies had become established on a .firm and permanent footing. That then, indeed, having become valuable to Great Britain for her commercial purposes,- his Parlia- ment was pleased to lend them assistance against an er^emy who would fain have drawn to herself the benefits of their commerce, to the great aggrandisement of herself, and danger of Great Britain; Such assistance, and in such circumstances, they had often before given to Portugal and other allied states, with whom they carry on a commercial intercourse. Yet these states never supposed, that by calling in her aid, they thereby submitted them- selves to her sovereignty. Had such terms been proposed, they would have rejected them with disdain, and trusted for better, to the moderation of their enemies, or to a vigorous exertion of their own force. We do not, however, mean to underrate those aids, which, to us, were doubtless valuable, on whatever principles granted : but we would shew that they cannot give a title to that authority which the British Parliament would arrogate over us ; and' that may amply be repaid by our giving to the inhabitants of Great Britain such exclusive privileges in trade as may be ad- vantageous to them, and, at the same time, not too restrictive to oxirselves. That settlement having been thus effected in the wilds of America, the emigrants thought proper to adopt that sys- tem of laws, under which they had hitherto lived in the mother country, and to continue their union with her, by submitting themselves to the same common sovereign, who was thereby • APPENDIX. 127 made the central link, connecting the several parts of the erapire thus newly multiplied. But that not long were they permitted, however far they thought themselves removed from the hand- of oppression, to hold undis- turbed the rights thus acc^uired at the hazard of their lives and loss of their fortunes. A.faipily of Princes was then on the Brit- ish throne, whose treasonable crimes against their people, brought on them, afterwards, the exertion of those sacred and sovereign rights of punishment, reserved in the hands of the people for cases of extreme necessity, and judged by the constitution unsafe to be delegated to any other judicature. While every day brought forth some new and unjustifiable ex;ertion of power ' over their subjects on that side of the water, it was not to be expected that those, here, much less able, at that time to oppose the designs of despotism, should be exempted from injury. Accordingly, this country which had been acquired by the lives, the labors, and fortunes of indi- vidual adventurers, was by these Princes, several times,- parted out and distributed among the favorites and followers of their for- tunes ; and, by an assumed right of the Crown alone, were erected into distinct and independent governments ; a measure, which it is believed, his Majesty's prudence and understanding would prevent him from imitating at this day ; as no exercise of such power, of dividing and dismembering a country, has ever occurred in his Majesty's realm of England, though now of very ancient stand- ing ; nor could it be justified or acquiesced under there, or in any part of his Majesty's empire. That the exercise of a free trade with all parts of the world, possessed by the American colonists, as of natural right, and which no law of their own had tak^n away or abridged, was next the ob- ject of'unjust encroachment. Some of the colonies having thought proper to continue the administration of their government in the name and under the authority of his Majesty, King Charles the first, whom, notwithstanding his late deposition by the Common- wealth of England, they continued in the sovereignty of their State, the Parliament, for the Commonwealth, took the same in high offence, and assumed upon themselves the power of prohibiting 128 JEFFEESON'S WORKS. their trade with all other parts of the world, except the Island of Great Britain. This' arbittary act, however, they- soon recalled, and by solemn treaty entered into.on tlie 12th day of March, 1651, between the said Commonwealth', by their Commissioners, and the colony of Virginia by their House of Burgesses, it was expressly stipulated by the eighth article of the said treaty, that they should have ' free trade as the. people of England do enjoy to aU places and with all nations, according ±o the laws of that Commonwealth. ' But that, upon the restoration of his Majesty, King Charles the second, their rights of free, commerce fell oncfe more a victim to arbitrary power ; and by several acts of his re"ign, as well as of ■some of his successors, the trade of the colonies was laid under such restrictions, as show what hopes they might form from the justice of a British Parliament, were its uncontrolled power ad- mitted over these States.* History has informed us, that bodies . of mefl' as well a,s of individuals, are susceptible of the spirit of ty- ranny. A view of these acts of Parliament for regulation, as it has been affectedly called, of the American trade, if all other evidences were removed out of the case, would undeniably evince the truth of this' observation. Besides the, duties they impose oil our arti- cles of .export and import, they prohibit our going to any markets . Northward of Cape Finisterra, in the kingdom of Spain, for the Sale of commodities which Great Britain wiU not. take from uSj and for the purchase of others, with which she cannot supply us ; and that, for no other than the arbitrary purpose of purchasing for themselves, by a sacrifice of our rights and interests, certain privi- leges in their commerce with an allied state, who, in confidence, that their exclusive trade with America will be continued, while the principles and power of the British Parliament be the same; have indulged themselves in every exorbitance which their avarice could dictate or our necessity extort : have raised their commod- ities called for in America, to the double and treble of what they sold for, before such exclusive privileges were given them, and of what better commodities of the same kind would cost us else- * 1 2. C. 2. c. 18. 15. C. 2. c. 11. 26. C. i o. 7. 1.8. W. M. 0. 22. 11. W. 34. Anae. 6. C. 2. c. 13. ■ ' ■ APPENDIX. 129 where ; and, at the same time, give Us much less for what we carry thither, than might be had at more convenient ports. That these acts prohibit us from carrying, in qufest of other purchasers, the sur- plus of our tobaccos, remaining lifter the consumption of Great Britain is supplied : so that we must leave them with the British merchant, for whatever' he will please to allow us, to be by him re-shipped to foreign markets, where he will reap the benefits of makirfg sale of them for full value. That, to heighten still thei idea of Parliamentary justice, and' to show with what moderation they are like to exercise power, where themselves are to feel no part of its weight, we take leave to mention to his Majesty, certain other acts of the British Parliament', by which they would prohibit us from manufacturing,'.for our own use, the art^icles we raise on our own lands, with our own labor. By an act passed in the fifth year of the reigri of his late Majesty, King Greorge ,the second, an American subject is forbidden to make a- hat for himself; of the fur which he has taken, perhaps, on his own soil ; an instance of despotism, to which no parallel can, be produced in the most arbi- trary ages of British history. By one other act, passed in the twenty-third year of the same reign, the iron which we make, we ar& fbrbidden to manufacture ; and, heavy as that article is, and -necessary in every branch of husbandry, besides commission and insurance, we are to pay freight for it to Great Britain, and freight for it back again, for the purpose, of Supporting, not men, but ma- chines, in the island of Great Britain. In the same spirit of equal and impartial legislation, is to be viewed the act of Parliament, passed in the fifth year of the same reign, by which American lands are made subject to the demands of British creditors, while their own lands were still continued unanswerable for their debts; from which, one of these conclusions must necessarily follow, either that justice is not the same thing in America as in Britain, or else, that the British Parliament pay less regard to it here than there. But, that we do not point out to his Majesty the injustice of these acts", with intent to rest on that principle the cause of their nullity ;• but to show that experience confirms the propriety of those political principles, which exempt us from the jurisdiction VOL. I. 9 130 JEFFEKSON'S WORKS. of tjae British Parliament. The true ground on -which- we declare these acts void, is, that the British Parliament has no right to ex- ercise authority over us. . That these exercises of usurped power have not been confined to instances alone, in which themselves were interested ; but they have also intermeddled with the regulation of the internal affairs of the colonies. The act of the 9th of Anne for estabhshing a post oifice in America, seems to have had little connection with British convenience, except that of accommodating his Majesty's ministers and favorites with the sale of a lucrative and easy office.' That thus have we hastened through the reigns which preceded his Majesty's, during which the violation of our rights were less alarming, because repeated at • more distant intervals, than that rapid and bold succession of injuries, whichis likely to distiuguish the present from all other periods of American story. Scarcely have our minds been able to emerge from the astonishpaent into which one stroke of Parliamentary thunder has involved us, before another more heavy and more alarming is fallen on us. Single 'acts of tyranny may be ascribed to the a,ccidental opinion of a day ; but a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers, too plainly prove a deliberate, systematical plan of reducing us to slavery. Act for granting That the act passcd in the fourth year of his Ma- certain duties. -^ ^ jesty's reign, entitled ' an act stamp act. One Other act passed in the fifth year of his reign, entitled ' an act Act declaring One Other act passed in the sixth year of his reign, the right of Par- -^ ■' ° ' liamentoverthe entitled 'an act colonies. Act for granting Aud ouc othcr act passcd in the seventh year of ddties on paper, , -^ "^ ' tea^&c. his reign, entitled ' an act Form that connected chain of Parliamentary usur- pation, which has already been the subject of fre- quent applications to his Majesty, and the. Houses of Lords and Commons of Great Britain; and, no an- swers having yet been condescended to euay of these, • APPENDIX. 131 we shall not trouble his Majesty with a repetititai of the matters they contained. But that one other act passed in the same seventh Act suspending . . . . , legislature of . year oi his r^eign, havmg been a peculiar attempt, New-Yoric. must ever require peculiar mention. It is entitled 'an act One free and independent legislature, hereby takes upon itself to suspend the powers of another, free and independent as itself. Thus exhibiting a phenomenon unknown in nature, the creator, and creature of its own pqweri Not only the principles of com- mon sense, but the common 'feelings of human nature must be surrendered up, before his Majesty's subjects here, can be persua- ded to- believe, that they hold their poHtical existence af the will of a British Parliament. Sha;ll these governments be dissolved, their propierty annihilated, and their people reduced to 'a state of ijature, at the imperious brea,th of a body of men whom they never saw, in whom they never confided, and over whom they have no powers of punishment or removal, let their crimes Eigainst the American .public be ever so great ? Ca,n any one reason be assigned, why one hundred and sixty thousand electors in the island of Great Britain, should give law to four millions in the States of America, every individual of whom is equal to every individual of them in virtue, in understanding, and in bodily strength ? Were this to be admitted, instead of being a free peo- ple, as we have hitherto supposed, and mean to continue ourselves, we should suddenly be found the slaves, not of one, but of one hundred and sixty thousand tyrants ; distinguished, too, from all others, by this singular circumstance, that they are removed from the reach of fear, the only restraining motive which may hold the hand of a tyrant. That, by ' an act to discontinue in such manner, and for such time as are therein mentioned, the landing and discharging, lading or shipping o'f goods, wares and merchandize, at the town and within the harbor of ^Boston, in the province of Massachusetts bay, in North America,'* which was past at the last session of the * 14. G. 3. 132 JEFFERSOK'S WORKS. British Parliament,, a large and populous town, whose trade was their sole subsistence; was deprived of that trade, and involved in utter rain. Let us for a while, suppose the question of right sus- pended, in order to examine this act on principles of justice. An act of Parliament had been passed, imposing diities on teas, to be paid in America, against which act the Americans had protested, as inauthoritative. The East India Company, who till thjat time, had never sent a pound of tea to America on their own accoimt, step forth on that occasion, the asserters of Parliamentary 'right, and send hither many ship loads of that obnoxibus commodity. The masters of their several vessels, however, on their arrival in America, wisely attended to admonition, and letumed with their cargoes. In the province of New-England alone, the remon- strances of the people were disregarded, and a compliance, -after being many days waited for, was flatly refused. ^Whether in this, the master of the vessel was governed by his obstinacy, or his in- structions, let those who know, say. There are extraordinary situations which require extraordinary interposition. An exaspe- rated people, who feel that they possess power, are not easily re- strained within limits strictly regular. A number of them assem- bled in the town of Boston, threw" the' tea into the ocean, and dispersed without doing any other act of violence. If in this they did wrong, they were known, and were amenable to the laws of the land ; against which, it could not be objected, that they had ever, in any instance, been obstructed or diverted from the regu- lar course, in favor of popular ofienders. They should, therefore, not have been distrusted on this occasion. But that ill-fated colony had formerly been bold in their enmities against the House of Stuart, and were now devoted to ruin, by that unseen hand which governs the momentous aflfairs of this great empire. On the partial representations of a few worthless ministerial depend- ants, whose constant office it has been to keep that government embroiled, and who, by their treacheries, hope' to obtain the dig- nity of British knighthood,, without calhng for a party accused, without asking a proof, without attempting a distinction- between the gxiilty and the innocent, the whole of that ancient and APPENDIX. 133 wealthy town, is in a moment reduced from opulence to beggary. Men Who had spent their lives in extending the-British commerce, who had invested, in that place, the wealth their honest endeav- ors had merited,, found themselves and their families, thrown at once -on the world, for subsistence by its charities. Not the hun- dredth part of the inhabitants of that town, had been concerned in the act complained of; many of them were in Great Britain, and in other parts beyond sea ; yet all were involved in one in- discriminate ruin, by a new executive power, unheard of till then, that of a British Parliament. A property of the value of many millions of money, was sacrificed to revenge, not repay, the loss of a few thousands. This is administering justice with a heavy hand, indeed ! And when is this, tempest to be arrested in its course ? .Two wharves are to be.'Opened again when his Majesty shall think proper: the residue, which lined- the extensive shores of the bay of Boston, are forever interdicted the exercise of com- merce. This, little exception seerns to have been thrown in for no other purpose,, than that of setting a. precedent for investing his Majesty with legislative powers. If the pulse of his people shall beat calmly under this experiment, another and another will be tried, till the measure of despotism be filled up. It would be an insult on common sense, to pretend that this exception was made, in ordei; to restore its commerce to that great town. The trade, which cannot be. received at two wharves alone, must of neces- sity be transfen-ed to some other place ; to which it will soon be followed by that of the two wharves. Considered in this light, it Would be an insolent and cjruel mockery at the aiinihilation of the town of Boston. By the act for the suppression of riots and tumults in the town of Boston,* passed also in the last ses- sion of Parliament, a murder committed there, is, if the Governor pleases, to be tried in the court of King's beiach, in the island of Great Britain, by a jury of Middlesex. The witnesses, too, on receipt of such a sum as the Governor shall think it reasonable for them to expend, are to enter into recognizance to appear at the trial, Thisis, iji other words, taxing them tp the amount of * 14. G. s. 184 JEFFERSON'S WOUES. their recognizance ; and that amount may be whatever a Gover- nor pleases. For who does his Majesty think* can be prevailed on to cross the Atlantic for the sole purpose of bearing evidence to a fact ? His expenses are to be borne, indeed, as they shall be estimated by a Governor; but who are to feed the wife and children whom he leaves behind, and wh6 have had no other subsistence but his daily labor ? Those epidemical disorders, too, so terrible in a foreign climate, is the cure of them to be estimated among the articles of expense, 'and their danger to be warded oif by the Almighty power of a Parliament? And the .wretched criminal, if he happen to have offended on the American side, stripped of his privilege of trial by peers of his vicinage, removed from the place where alone full evidence could be obtained, with- out money, without counsel. Without friends, without exculpatoiY proof, is tried before Judges predetermined to condemn. The cowa,rds who would suffer a countryman to be . torn from the bowels of their society, in order to be thus offered a sacrifice to Parliamentary tyranny, would merit that everlasting infamy now fixed on the authors of the act ! A clause, for a similar purpose, had been introduced into an act passed in the twelfth year of his Majesty's reign, entitled, ' an act for the Jaetter sectiring afid pre- serving his Majesty's Dock-yards, Magazines, Ships, Ammunition and Stores;' against which, as meriting the same censures, the several colonies have already protested. That these are the acts of power, assumed by a body of men foreign to our constitutions, and unacknowledged by our laws ; against which We do, on behalf of the inhabitants of British America, enter this, our solemn aiid determined protest. And we do earnestly intreat his Majesty, as yet the only mediatory power between the several States of the British empire, to, recommend to his Parliament of Great Britain, the total revocation of these acts, which, however nugatory they may be, may yet prove the cause of further discontents and jealousies among us. That we next proceed to consider the conduct of his Majesty, .as holding the Executive powers of the laws of these States, and mark out his deviations from the line of duty." By the Constitu- APPENDIX. X35 tion of Great Britain, as -w-ell as of the several American States, his .^Majesty possesses the po^ver of refusing to pass into a law, any bill which has already passed the other two branches of the legislature. ■ His Majesty, however, and his ancestors, conscious of the impropriety of opposing their single opinion to the united wisdom of two Houses of Parliament, while their proceedings ,were unbiassed by interested principles, for several ages past, have modestly declined the exercise of this power, in that part of his empire called Great Britain.', But, by .change of circiunstances, other principles than those of justice simply, have obtained an influence on their detemiinations.' The addition of new States to the British empire has produced an addition of new, and, sometimes, opposite interests. It is now, therefore, the great office of his, Majesty, to resume the exercise of his negative power, and. to preverit the passage of laws by any one legislature of the empire, which might bear injuriously on the rights and in- terests of another. Yet this wiU not excuse the wanton exercise of this power, which we have seen his Majesty practice on the laws of the American legislature. F.or the nlost trifling reasons, and, sometimes for' no conceivable reason at all, his Majesty has rejected laws of the most salutary tendency. The abolition of domestic slavery is the great object of desire in those colonies, where it was, unhappily, introduced in their infant state. But previous to the enfranchisement of the slaves we have, it is ne- cessary to exclude all fm-ther importations from Africa. Yet our repeated attempts to eflTect this, by prohibitions, and by imposing duties which might amount to a prohibition, having been hitherto defeated by his Majesty's negative : thus preferring the imme- diate advantciges of a few British corsairs, to the lasting interests of the American States, and to the rights of human nature, deeply wounded by this infamous practice. Nay; the single in- terposition- of an interested individual against a law was scarcely ever known to fail of success, though, in the opposite scale, were placed the interests of a whole country. That this is so shame- ful an abuse of a power, trusted with his Majesty for other pur- poses, as if, not fefornded, would call for some legal restrictions. 136 JEFFERSON'S WORKS. With equal inattention to the' necessities of his people here,, has his Majesty permitted our' laws to life neglected, in England, for years, neither confirrnirig .thein by his assent, noj anntilling them by l)is negative : so, that such of them as have no sus- pending claxise, we hold on the most precarious of all tenures, his Majesty's will; and such of them as suspend themselves till his Majesty's assent be obtained, we have feared might be balled into existence at some future and distant period, when time and change of circumstances shall have rendered them destructive to his people here. And, to render- this- grievance stiU more oppressive, his Majesty,- by his instructions, has laid his Gov- ernors under such restrictions, that they can pass no law, of any moment, unless it have such suspending cla-uSe : so that, how- ever immediate may be the call for . legislative interposition, the law cannot be executed, till' it has twice crossed the Atlantic, by which time the evil may have spent its whole force. But in what terms recoricilable to Majesty, and at the same time to truth, shall we speak of a late instruction to his Majesty's ■ Governor of.the colony of Virginia, by which he is forbidden to . assent to any law for the division of a county, unless the new county will consent to have no '.representative in Assembly? That colony has as yet affixed no boundary to . the Westward. Their Western counties, therefore, are of aii indefinite extent.. Some of them are actually seated many hundred miles from their Eastern limits. Is it possible^, then, that his Majesty can have bestowed a single thought on the situation of those people, whoj in order to obtain justice for injuries, however great or small, must, by the laws of that colonyj. attend • their county court ait such a distance, with all their witnesses, monthly, till, their liti- gation be determined ? Or does his Majesty seriously wish, . and publish it to the world, that his subjects should . give up the glorious right of representation, with all the benefits derived from . that, and submit themselves th,e absolute slaves of his sovereign will ? Or is it rather meant to confine the legislative body to their present nimibers, that they may be the cheaper bargain, whenever they shall become • worth a purchase ? APPENDIX. 137 One of the articles of impeachment against Tresilian, and the other Judges of Westininster Hall, in the reign of Richard the Second, for -which they suffered death, as traitor^ to their coun- try, was, that they had advised -the King, that he might dissolve his Parlia:ment at any tirrie ; and succeeding kings have adopted the opinion of these unjust Judges. Since the establishment, however, of the British constitution, at the glorious Revolution, on its free and ancient principles, neither his Majesty, nor his ancestors, have exercised such a power of dissolution in the island of Great Britain ;.* ahd when his Majesty was petitioned, by the united voice of his people there, to dissolve the present Vaxliamejat, who had become obnoxious to them, his Ministers W;ere heard to declare, in open Parliament, that his Majesty pos- sessed no such power by the constitution. But how different their language, and his practice, here ! To declare, as their" duty required-, the known rights of their country, to oppose the usurp-- ation of every foreign judicature,, to disregard the imperious mandates of a Minister or Governor, have been the avowed causes of dissolving Houses of Representatives in America. But if such powers be ireally vested in his Majesty,- can he suppose they are there placed to awe the members from such purposes as these?- When the representative body have Ifst the confidence of their constituents, when they have notoriously made sale of their most valuable rights, when they have assumed to them- , selves powers-which -the people never put into their hands, then, indeed, their continuing in office becomes dangerous to the State, and qalls for an exercise of the power of dissolution. Such being the cause for which the representative body should, and should' not, be "dissolved, will it not appear strange, to an unbiassed observer, that that of frreat Britain was not dissolved, while those of the colohies have repeatedly incurred, that sentence ? But yoTK Majesty, or youx Governors, have' carried this power * On further inquiry, I find Wo instances of dissolutions before the Parliament would, of itself, have been at an end : viz., the Parliament called to meet August 24, ■ 1698, was dissolved by King Willfaoi, December 19, 1700, and a new one called, to meet February 6, 1701, which was also dissolved, November 11, 1701, and a new one met Deoenjber 30, 1701. , 138 JEFFERSON'S WORKS. beyond every limit known or provided .for pj the laws. After dissolving one House of Representatives, they have refused to call another, so that, for a great length of time, thti legislature provided by the laws, has been pat of existence. From the na- ture of things, every society must, at all times, possess within itself the sovereign powers 'of legislation. . The. feelings of hu- man nature revolt -against the supposition of a' State so situated, as that it may not, in any emergency, provide against dangers which, perhaps, threaten immediate ruin. While those bodies are in existence to whom the people have delegated the powers of legislation, they alone possess, and may exercise, those powers. But when they are dissolved, by the lopping off one or more of their branches, the power reverts to the people, who may use it to unlimited extent, either assembling together in person, sending deputies, or in any other way they may think- proper. We for- bear to trace consequences further ; the dangers are conspicuous with which this practice is replete. That we shall, at this time also, take notice of an prror in the nature of our land holdings, which crept- in at a very early period of our settlement. The introduction of the Feudal tenures into the kingdom of England, though ancient, is well enough under- stood to set this matter in a proper light. In the earlier ages of. the Saxon settlement, feudal holdings were certainly altogether unknown, and very few, if any, had been introduced at the time of the Norman conquest. Our Saxon ancestors held their lands,, as they did their personal property, in absolute dominion, disin- cumbered with any superior, answering neaiiy to the nature of those possessions which the Feudalist term Allodial. William the Norman, first introduced that system gelnerally. The lands which had belonged to those who fell in. the battle of Hastings, and in the subsequent insurrections of his reign, formed a consid- erable proportion of th« lands of the "whole kingdom. These he granted out, subject to feudal duties, as did he also those of a great number of his new subjects, who, by persuasions or threats, were induced to surrender them for that purpose. But still, much was left in the hands of his Saxon subjects, held of APPEN'DIX. 1-39 no .superior, and not siibject to feudal conditions. These, therefore, by express laws, enacted to render uniform the sys- tem of military defence, were made liable to the same military duties as ii they had been feuds ; -and the Norman lawyers soon found means to saddle them, also, with the other feudal bur- thens. But still they had not been surrendered to the King, they were not derived from his grant, and therefore they were not holden of him. A general principle was introduced, that f all lands in England were held either mediately or immedi- ately of the Crown ;" but this was borrowed from those hold- ings which were truly feudal, and only applied to others for the purposes of illustration. Feudal holdings werCj therefore, but exceptions out of the Saxori laws of possession, under which all lands were held in absolute right. These, therefore, still form the basis or groundwork of the Common, law, to prevail wheresoever the exceptions have not taken place. America was riot conquered by William the Norman, nor its lands surrendered to him or ai;y of his successors. Possessions there are, imdoiibtedly, of the Allodial nature. Our ancestor?, however, who . migrated hither, were laborers, npt lawyers. The ficfitious principle, that all lands belong originally to the King, they were early persuaded to believe real, and accord- ingly took grants of their own lands from the Crown. And while the Crown continued to grant for small sums and on reasonable rents, there was no inducernent to arrest the error, and- lay it open to public view. . But his Majesty has lately taken on him to advance the temis of purchase and of holding, to the double of what they were ; by which means, the acqui- sition of lands being rendered difficult, the population of our country is likely to b.e checked. It is time, therefore, for us to lay this matter before his .Majesty, and to declare, that he has no right to grant lands of himself. From the nature and pur- pose of civil institutions, all the lands within the limits, which any particular party has circuniscribed around itself, are assumed by that society, and subject to their allotment ; this may be done by themselves assembled collectively, or by their legisla- 140 JEFFERSON'S WORKS. ture, to whom they may have delegated sovereign authority ; and, if they are allotted in neither of these ways, each indivi- dual of the society, may appropriate to himself such lands as he finds vacant, and occupancy will give him title. That, in order to enforce the arbitrary measures before com- plained of, his Majesty has, from time to time, sent among us large bodies of armed forces, not. made, up of the people here, nor raised by the authority of our laws. Did his Majesty pos- sess such a right as this, it might swallow up all our gthex rights, whenever he should think proper. But his Majesty has no right to land a single armed man on our shores ; and those whom he sends here are liable to our laws, for the suppression and punishment of riots, routs, and unlawful assemblies, or are hostile bodies invading us in defiance of law. When, in the course of the late war, it became expedient that a body of Hanoverian troops should b.e brought over for the defence of Great Britain, his Majesty's grandfather, pur late sovereign, did not pretend to inticducfi them under any authority he possessed. Such a measure would have given just alarrti to his subjects of Great Britain, whose liberties- would not be safe if armed men of another, country, and of another spirit, might he brought into the realm at any time, without the consent of their legisla- ture. He, therefore, applied to Parliament, who passed an act for -that purpose, limiting 1;^he' number to be brought in, and the time they were to continue.. In like' manner is his Majesty re- strained in every part of the empire. He possesses indeed the executive power of the laws in every. State ; but they are the laws of the particular State, which he is to administer within that State, and not those of' any one within the limits of an- another. Every State rnust judge for itself, the number. of armed men which they may safely trust among them, of whom they are to consist, and under what restrictions they are to be laid. To render these proceedings still more criminal against our laws, instead of subjecting the military to the civil power, his majesty has expressly mad§ the civil subordinate to the mili- tary. But can his Majesty thus pu.t .down all la.w under his APPENDIX. 141 feet.? Can he erect a power superior to that which erected himself ? He has done it indeed by force ; hut let him remem- ber that- force cannot give right.. . - • That these are our griev^-uces, which we have thus laid be- . fore his Majesty, with that freedbm of language and sentiment which becomes a free people, claiming their rights as derived from the laws of nature, and not as the gift of their Chief Ma- gistrate. Let those flatter, who . fear : it is not an American art. To give praise where it is not due might be well from tbe venal, but would ill beseem those who ■ are asserting the rights, of human nature. They know, and will, therefore, say, that Icings are the servants, not the proprietors of the people. Open your breast, Sire, to liberal and expanded thoitght. Let not the name of George the third, be a blot on the page of his- tory. You are surrounded .l^y British counsellors, but remem- ber that they are parties; You haye no ministprs for American affairSj because you haye ntfne taken from among us, nor ame- nable to' the laws on which they are to give you advice. It behoves you, therefore, to think and to act- for yourself and your people. ' The great principles of right and wrong are legible to every reader ; to ptirsue them, requires not the aid of ■ many counsellors. The whole art of government consists in the art- of being honest. Only aim to do your duty, and man- kind will give you credit where yqii fail. No longer persevere in sacrificing the rights of one part of the empire to the . inor- dinate desires of another'; but deal out to all, equal and im- partial right. Let' no act be passed by any one legislature, which may infringe on the rights and liberties of another. This is the important post in which fortune has placed you; holding, the balance of a great, if a well-poised empire. This, Sire, is the advicfe of your great American council, on, the ob- servance of which may pierhaps depend your felicity ai;id fu- ture fame, and the preser'^atioji of that harmony which alone can continue, both to Great Britain and America, the reciprocal advantages of their comiection. It is neither our wish nor our interest to separate from her. We are willing, on our part, to 142 JEFFERSON'S -WORKS.. sacrifice everything which reason can ask, to the restoration of that tranquillity for which all must wish. On their part, let them be ready to establish union on a generous plan. Let them name their terms, but let them be just. Accept of every commercial preference it is in our power to give, for such things as we can raise for their use, or they make for oursi But let them not think to exclude us from going to other markets, to dispose of those commodities which they cannot use^ nor to supply those wants which they cannot supply. Still less, let it be proposed, that our properties, within our own territories, shall be taxedor regulated ■ by any pqwer on earth, but our own. The God who gave us life, gave us liberty at the same time : the hand of force may destroy, but cannot disjoin them. This) Sire, is our last, our determined resolution. And that you will be pleased to interpose, with that efScacy which your earnest endeavors may insure, to procure redress of these our great grievances, to quiet the minds of your subjects in British America against any apprehensions of future encroachment, to establish fraternal love and harmony through the whole empire, and that that may continue to the latest ages of time, is the fervent prayer of all British America. [Note D.] August, Xlli. Instructions for the Deputies appointed to meet in General Congress on the part of this Colony. The unhappy disputes between Great Britain and her Ameri- can colonies, which began about the third year of the reign of his present Majesty, and since, continually increasing, have pro- ceeded to lerigths so dangerous and alarming, as to excite just apprehensions in the minds of his Majesty's faithful subjects of this colony, that they are in danger of being deprived of their natural, ancient, constitutional, and chartered rights, have com- pelled them to take the same into their most serious considera- tion ; and, beihg deprived of their usual and accustomed mode of making known their grievances, have appointed us their represent- atives to consider what is proper to be done in this dangerous crisis APPENDIX. 143 of American aflfp,irs. It being our opinion that thfe united wis- dom of North America should be collected in a General Congress of all the colonies, we have appointed the Honorable Peyton Ran- dolph, Richard Henry Lee, George Washington, Patrick Henry, Richard Bland, Benjamin Harrison, and Edmund Pendleton, Es- quires, deputies to represent this colony in the said Congress, to be held a:t Philadelphia, on the first Monday in September next. And that they may be the better informed of our sentiments, touching the conduct we wish them to observe on this import- ant occasion, we desire that they will express, in the first place, our faith and true allegiance to his Majesty, King George the third, our lawful ahd rightful sovereign ; and that we are deter- mined, with our lives and fortunes,- to Support him in the legal exercise of all his just, rights and prerogatives. And, however misrepresented, we sincerely approve of a constitutional con- nection with Great Britain, and wish, most ardently, a return of that intercourse of affection and commercial connection, that formerly united both countries, which can only be effected by a removal of those causes of discontent, which have of late un- happily divided us. It cannot i^dmit of a doubt, but the- British. subjects in Amer- ica are entitled to the same rights and privileges as their fellow subjects possess in Britain ; and therefore; that the power as- sumed by the British Parliament to bind America by theit statutes in all cases whatsoever, is unconstitutional, and the' source of these unhappy differences.' The end of government would be defeated by the British Parliament exercising a po'w;er over the" lives, the property, and the liberty of American subjects, who are not, and, from their local circumstances, cannot be, there represented. Of this nature, we consider the several acts of Parliament for raising a revenue in America, for extending the jurisdiction of the courts of Admiralty, for s&izing American subjects, and transporting them to Britain ■ to be tried for crimes committed in America, and the several late oppressive acts respecting the town of Bos- ton, and Province of the Massachusetts Bay. , 144 JEFFERSON'S WOEKS. The original constitution of the American colonies possess- ing their assemblies with th'e sole right of directing their inter- na:l polity-, it is absolutely destructive of the end of their insti- tution, that their legislatures should be suspended, or prevented, by hasty dissolutions, from exercising their legislative powers. Wanting the protection of Britain, we have long acquiesced in their acts of navigation, restrictive of our commerce, which Tve consider as an ample recompense for such protection ; but as those acts derive their efficacy from that foundation alone, we have reason to expect they will, be restrained, so as to pro- duce the reasonable purposes of Britain, and not injurious to us. To obtain redress of these grievances^ without, which the people of America can .neither be safe, free, nor happy, they are willing to undergo the great inconvenience that will be de- rived to them, from stopping all imports whatever, from Great Britain, after the first day of November next, and also to cease exporting, any commodity whatsoever, to the same place, after the tenth day of. August, 1775. The -earnest desire we have to make as quick and full payment g.s possible of our debts to Great Britain, and to. avoid the heavy injury that woUld arise to this country from an earlier adoption . of the non-e:^gortation plan, aftier the people have already applied so much of their labor cto ythe perfecting of the present crop, by which means, they "have been prevented, from pursuing other methods of clothing and supporting their families, have rendered it neces- sary to restrain you in this article of non-exportation ; but it is our- desire, that you cordially co-operate with our sister colonies in General Congress, in such other just and proper methods as they, or the majority, shall deem necessary for the. accomplish- ment of these valuable ends. The proclajnation , issued by General Gage, in the govern- ment of 'the Province of tjie Massachusetts Bay, -declaring it treason for the inhabitants of that province to assemble them- selves to consider, of their grievances-, and form associations for their common conduct on the occasion, and requiring the civil magistrates and officers to apprehend all such persons, to be APPENDIX. 145 tried for their supposed offences, is the most alarming process that ever appeared in a British government ;■ and .the said Gene- ral Gage hath, thereby, assumed, and taken upon himself, powers denied by the constitution to our legal sovereign ; that he, not having condescended to disclose by what authority he exercises such extensive and unheard of powers, we are at a loss tq determine, whether he intends to justify himself as the representative of the King, or as the Oommander-in-Chief of his Majesty's forces in America. If he considers himself as acting in the character of his Majesty's representative, we would remind . him that ttxe statute 25th, Edward, the third has expressed and defined all treasonable offence^, and that the legislature of Great Britain had declared, that no offence shall be construed to be trea- son, but such as is pointedr out by that statute, and .that this was done to take out of the hands of tyrannical Kings, and of weak and wicked Ministers, that deadly weapon, which constructive treason had furnished them with, and which had drawn the blood of the best and honestest men in the kingdom ; and that the King of Great Britain hath no right by his proclamation, to subject his 'people to imprisonment, pains, and penalties. That if the said General Gage conceives' he is empowered to act in this manner, as the Commander-in-Chief of his Majesty's forces in America, this odious and illegal proclamation must be considered as a plain and full declaration, that this despotic Vice- roy will be bound by no law, nor regard the constitutional rights of his Majesty's subjects, whenever they interfere with the plan he has formed for oppressing the good people of the Massachu- setts Bay • and, therefore, that the executing, or attempting to exectite, such proclainations, will justify resistance and reprisal. [NqxE E.] T-v a Monticello, November 1, II'IS. I have got through the bill for "proportioning crimes and pun- ishments in cases heretofore capital," and now enclose it to you with a request that you will be so good, as scrupulously to exani- VOL. L 10 146 JEFFERSON'S WOEKS. ine and correct it, that it may be presented to our committee with as few defects as possible. In its style, Thave aimed at ac- curacy, brevity, and simplicity, preserving, however, the very words of the established law, wherever their meaning hg.d been sanctioned by judicial decisions, or rendered technical, by usage. The same matter, if couched in the modern statutory laiiguage, with all its tautologies, redundancies, and circimiloeutions,. would have spread itself over many pages, and been unintelligible to those whom it most poncems. Indeed, I wished to exhibit a sam-. pie of reformation in the barbarous style into which, modem stat- utes have degenerated froiri their ancient, simplicity. .And I must pray you to be as watchful over what I have not said,: as what is said ; for the omissions of this bill have all' their positive mean- ing. I have thought it better to drop, in. silence, the laws we mean to discontinue, and let them be. swept away by the. general negative words of this, than to detail them in clauses of express repeaL By the side of the text I have written the notes I made, as I went along, for the benefit of my own memory. They may serve to draw, your attention to questioiis, to which the express- ions or ' the oinissions of the text, may give rise. The extracts from the Anglo-Saxon laws, the sources of the Common law, I wrote in their original, for my own satisfaction ;* but I have ' added Latin, or liberal English translations.- From the tinje of Canute to that of the Magna Charta, you know, the text of our statutes is preserved to us in Latin only, and some o],d French. I have strictly observed the scale of punishments settled by the Committee, without hieing entirely satisfied with it. The Lex talionis, although a restitution of the Common law,, to the sim- plicity of 'which we have generally found it so advantageous to return, will be revolting to the humanized feelings of modem times. An e^re for an eye, aad a hand for a hand, will exhibit spectacles in execution whose moral effect would be. questiour able ; and even the membrum pro membro of Bracton, or the [* la this pubKoation, the original Saxon words are given, but, owing to the .want of Saxon letter, they are printed in common type.] APPENDIX. 147 . putiishjneut of the offending member, although long authorized by our law, for the same offence in a. slave has, you know, been npt long since repealed, in conformity with public sentiment. This needs reconsideration. I have heard little of the proceedings of the Assembly, and do not expect to be with you till about the close of the month. In the meantime, present me respectfully to Mrs. Wythe, and accept assurances of the affectionate esteem and respect of, dear Sir, Your friend and servant. George Wythe, Esq. A Bill, for proportioning ' Crimes and Punishments, in cases heretofore Capital. Whereas, it frequently happens that wicked and dissolute men, resigning themselves to the dominion of inordinate passions, com- mit violations on the lives, liberties, and prpperty of others, and, the secure enjoyment of these having principally induced men to enter into society; government would be "defective in its prin- cipal purpose, were it not to restrain such criminal acts, by in- flicting due punishments on those who perpetrate them ; but it appears, at the same time, equally deducible from, the purposes of society, that a member thereof, committing an inferior injury, does not wholly forfeit ' the protection of his fellow citizens, but, after suffering a punishment in proportion to his offence, is entitled to their protection from all greater pain, so that it becomes a duty in the legislature, to a,rrange, in a proper scale, the crimes which it may be necessary for them to repress, and to adjiist thereto a corresponding gradation of punishments. And whereas, the reforme^tion of offenders, though an object Tvorthy the attention of the laws, is not effected at all by capital punishments, which exterminate instead of reforming, and- shoijld be the last melancholy resource against -those whose existence is become inconsistent with the safety of their fellow citizens, which also weaken the State, by cutting off so many who, if reformed. 148 ~ JEFFERSON'S WOKKS. might be restored soijnd members to society, who, even under a course of correction, might be rendered' useful in various labors for the public, and would be living and long-continued spectacles to deter others from committing the like offences. And forasmuch as the experience of all ages and countries hath shown, that cruel and sanguinary laws defeat their own purpose, by engaging the benevolence of mankind to withhold prosecu- tions, to smother testimony, or to listen to it with bias, when, if the punishment were 6nly proportioned to the injury, nien would feel it their inclination, as well as their duty, to see the laws observed. For rendering crimes and punishments, therefore, more pro- portionate to each other : Be it enacted by the General Assembly, that no crime shall be henceforth punished by the deprivation of life or limb,* except those hereinafter ordained to be so punished. f If a man do levy warj against the Commonweath [in the same], or be adherent to the enemies of the Oommonwealth [within the same],^ giving to them aid or comfort in the Com- * This takes away the punishment of cutting off the hand of' a person striking an- other, or drawing his sword in one of the superior courts of justice. Stamf. F. C. 38. 33. H. 8. c. 12. In an earlier stage of the Common law, it' was death.- Gif hwa gefeohte on Cyninges huse sy he seyldig eaUes his yrfea, and sy on Cyninges dome hwsether he lif age de nage : si quia in regis domo pughet, perdat omnem suam haere- ditatem, et in. regis sit .arbitrio, possideat vitam an non possideat. LI. Inae. 6. Gif hwa on Cyninges healle gefeohte, oththe his waepne gebrede, and hine mon gefo, sy thset'on Cybinges dome swa death, swa lif, swa he him forgyfan wille: si quis in aula regia pugnet, vel arma sua extrahat et capiatur, sit in regis arbitrio tam mors quam vita, siout ei condAnare voluerit. LL Alfr. 1. Gif hwa on Cyninges hirede gefeohte tholige thset Ufes, buton se Cyning him gearian wille : si quia in regia dlmicat, perdat yitam, nisi rex hoe illi eondonare yelit. LI. Onuti. 56. 4. Bl. 125. f 25. E. 3. st. 5. 0. 2. 7. W. 3. c. 3. § 2. :{ Though the crime of an accomplice in treason is not here described, yet, Lord Coke says, the partaking and maintaining a treason herein deaoiibed, makes him a principal in that treason : it being a rule that in treason all are principals. 3 Inst 138- 2 Inst. 590. 1 H. 6. 6. § These words in the English slatute narrow its operation. A man adhering to the enemies of the Commonwealth, in a foreign country, would certainly not be guilty of treason with us, if these words be retained. The convictions of treason of that kind in England have been under that branch of tjie statute which makes the com- passine; the king's death treason. Foster 196. 19Ti But as we omit that branch, we must by other means reach this flagrant case. APPENDIX. 149 mon^ealth; or elsewhere, and thereof be convicted of open deed, by the evidence of two sufficient witnesses, or his own voluntary- confession, the' said cases, and no* others, skall be adjudged trea- sons which extend to the Commonwealth, and the person so con- victed shall suffer death, by hanging,^ and . shall forfeit his lands and goods to the Commonwealth. K any person commit petty treason, or a husband murder his wife, 3, parentf his child, or a child his parent, he shall suffer * The ^tat. 25. E. 3. directs aU other cases of treasons to await the opinion of Parliament. This has the effect of negative words, exehiding all other treasons. As we drop that part of the statute, we must, by negative words, prevent an inundation of comilaon law treasons. I strike out the word " it," therefore, and insert " the said cases, and no others." QuE^re; how far those negative words may affect the case of accomplices above mentionej? "Though if their case was within the statute, so as that it needed not await the opinion of Parliament, it should, seem to be also within our act, BO as not to be otjsted by the negative words. f. This iihplies " by the neck." See 2 Hawk. 544. notes n. u. X Bytbestat. 21. Jae. 1. c. 27. and Act Ass. 1170. c. 12. concealment by the mother of the death of a bastard child is made murder. In justification of this, it is said, that' shame is a feeling which operates so strongly on the mind, as frequently to 'induce the mother of -such a child' to murder it, in order ' to conceal her disgrace. ■ The act of concealment, therefore, proved sbe was influenced by shame,- and that in- fluence produces a presumption that she murdered the child. The effect of this law then is, to make what, in ita nature, is only presumptive evidence of a murder conclusive of that fact. To ttis I answer, 1. Sq many children die before or soon after birth, that "to presume all those murdered who are found dead, is a presump- tion which will lead us oftener wrong than right,, and consequently would shed more blood than it. would save. 2. If the ' child were born dead, the mother would naturally choose rather to conceal it, in hopes of still" keeping a good character in the neighborhood. So that the act pf concealment is far from proving the guilt of murder on the mother. '-S. If shame he a powerful affection of the mind, is not pa- rental love also ? Is it not the strongest affection known ? Is it not greater than even that of self-preservation ? While we draw presumptions from shame, one affection of the mind, against the life of the prisoner, should we not give some weight to presumptions from parental love, an affection at least as strong, in favor of life ? If concealment of the fact is a presumptive evidence of ifaurder, so strong as to overbalance all other evidence that may possibly be produced- to take away the presumption, why not trust the force of this incontestable presumption to the jury, who are, in a regular course, to hear presumptive, as well as positive testimony ? If the presumption arising from the act, of concealment, may be destroyed by proof positive or circumstantial to the contrary, why should the legislatm'e preclude that contrary proof ? Objection. The crime is difficult to prov^, being usually commit- ted in secret Answer. But circumstantial proof will do ; for example, marks of vio- lence, the behavior, countenance, &c. of the prisoner, &o. And if conclusive proof 150 JEFFERSON'S WOKKS. death by hanging, arid his body be delivered to Anatomists, to be dissected. , Whosoever committeth murder by poisoning shall suflfer death by poison. • . . Whosoever committeth murder by way of duel shall, suffer death by hanging; and if he were the challeiiger, his body, after death, shall be gibbetted.* He w.ho repioveth it frcjm the gibbet shall be guilty of a misdemeanor ; and the officer shall see that it be replaced., Whosoever shall commit murder in any other way shall sufr fer death by hanging. ' . And in all cases of Petty treason and murder, one Jialf of the lands and goods of the offender, shall be forfeited to the next of kin to the person killed^ and the other half descend and go to his own representatives. Save only, where one shall slay the challenger in a duel,f in which case, no part of his lands or goods shall be forfeited to the "kindred of the party slain, but, instead thereof, a moiety shall go to the Comnionwealth. The same evidence! shall suffice, and order and cOursei'^, of be difficult to be obtained,, shall we therefore fasten irremovably. upon equivocal proof ? . Can we change the nature of what is contestable, and make it incontest- able 1 Can we make that conclusive which God and natilre have made inconclusive? Solon made no law against parricide, supposing it impossible that any one could be guilty of it ; and the Persians, from the same opinion, adjudged all who killed their reputed parent^ to be bastards ; and although parental be yet stronger than filial affection, we admit saticide proved on the most eqnivocal tSstamoay, whilst they rejected all proof of an act certainly not more repugnant to nature, a^ of a, thing impossible, unprov'able. See Becoaria, § 31. * 25. G. 2. c. SI. t Quaere, if the estates of both parties in a duel, Should not be forfeited ? The deceased is equally guilty with a Suicide. j: Quaere, if -these words may not be omitted ? By the Common law, one witness in treason was sufficient. Foster 233. Plowd. 8. a. Mirror c 3. §■ 34. Waterhouse on Fortesc. de laud! 252. Garth. 144. per. Holt. But Lord. Coke, contra 3 inst. 26. The stat. 1. E. 6. c. 12.- & 5. E. 6. c. 11. first required two \vitnesses in treason. The clause against high treason siipra, does the same as to high treason ; but it seems if Ist and 5th- E. 6.-a,re dropped. Petty treason will be tried and proved, as at Common law, by one witness. But qujere. Lord Coke being contra, whose opinion it as ever dangerous to neglect. § These words are intehded to take away the pereihptory challenge of thirty-fiva APPENDIX. 151 . trial.be observed in cases of/ Petty treason, as in those of other* murders. Whosoever shall be ^guilty of manslaughter,! shall, for the first -otTence', be condemned to hard J- labor i.for seven years in the public works,, shall forfeit one half" of his lands and goods to the next of kin to the person slain ; the other half to be sequestered during such/ term, in the hands and to the use of the Commonwealth, allowing' a reasonable part of the profits for the, support of his family. The second offence shall be deemed murder. And where persons, meaning to commit a trespass'^ only, or larceny, or other unlawful deed,, and doing an act from which involiihtary homicide hath ■ ensued,, have heretofore been ad- judged guilty of manslaughter, or of murder, by transferring such theif unlawful intention to an act, much more penal than they could have in probable contemplation ; no such case shall hereafter be deenied manslaughter, unless manslaughter was in- tended, nor murder, unless murder was intended. jurors. The same words being used 1. 2. Ph. & M. o. 10, are deemed to have restored the peremptory challenge in high treason ; and consequently are suffieient to take it away. .Foster 237. '* Pi'tty treason is considered in lasr only as an aggravated murder. Foster 107. ' 323. A pardon of all murders, pardons Petty treason. . 1 Hale P. C. 378. see 2 H. P. C. 340. 342. It is, also included in the word "felony," so that a pardon of all felo- nies, pardons Petty treason. , J; Manslaughter is punishably' a^ law,, by burning' in the hands, and .forfeiture of chattels. , J It is best, in this act, to' lay down principles only, in order that it may not for- ever be lindergoiil'g change .; and, to carry into, effect the minuter parts of it, frame a bill " for the employm.ent and government- of felons, or malefactors, condemned to labor for ■ the Commonwealth," which ,-lnay sesve as an Appendix to this, and in which ail the particulars requisite' may be directed ; and as experience will, from time to time,' be pointing out amendments, these may be made without touching this fundamental act. See More's Utopia p. .50. for some good hints. Fugitives might, in such a bill, be obHged to .work t-^^o days for evei'y one they absent them- selves. § The shooting at a wild fowlj and killing a^ man, is -homibjde by misadventure. Shooting at a pullet, without any design to take it awp.y, is manslaughter^ and with a design to take it away, is murder. 6 Sta. tr. 222. To shoot at the poultry of an- other, and thereby set fire to his house, is arson, in the 6piaion of some. Dalt. c. 116. 1. Hale's P. C. 669. c. contra. 152 JEFFEKSON'S WORKS. In other cases of hoitiicide, the law will not add to. the mise- ries of the party, by punishments and forfeitures.* < - • * Beeenria. § 32. Suicide.. Homicidea are, 1. Justifiable. 2. Excusable. 3. Felo-, nious. For the last, punishments bave been already provided. The first are held to be totally without guilt, or rather commendable. The second are in some eases- not quite unblamable. These should subject the, party to marks of contrition'; viz., the killing of a man in defence of property ; so also in defence of one's person, -which is a species of excusable homicide ; because, although cases may happen where these also are commendable, yet most frequently they are done on too slight appearance of danger ; as in return 'for a blow^, kick, fillip, &c. ; or on a person's getting inft) a house, not animo furandi, biit perhaps veneris causa, &a. Bracton says, " si quis fu- rem nocturuum Occident, ita demum impune foret, si parcere ei sine periculo euo non potuit, si autem potuit, aliter erit." Item erit si quis hamsokne quae'dioitur invasio- domus contra pacem domini regis.in domo sua se defenderit, et invasor occisus fuerit; imperseoutua et insultus remanebib, si ille quem invasit aliter se defenderenon potuit ; dicitur enim' quod non est dignus habere paoem qui non vult observare cam." L, 3. c. 23. § 3. " Qui latronem occiderit, non tenetur, nocturnum vel diurhum, si alitei' periculum evadere non possit; tenetur tamen si piossit. Item' non tenetur si per in- fortunium, et non animo et voluntate oceidendi, nee dolus, nee culpa ejus inveniatur." L. 3. c. 36. § 1. The stat. 24. H. 8. e. 5. is therefore merely declaratory of the Com- mon law. See on the general subject Puffeud. 2, 6..^ 10; 11. 12. '16. 17. Excusable homicides are by misadventure, or in self-defence. It is the opinion of some lawyers, that the Common law punished theSe with death, and that the. statute of Marlbridge, c. 26. and Gloucester, c. 9. first took away this by giving them title to a- pardon, as matter of right, and a writ of restitution of their goods. See 2. Iiisfr. 148. 315. 3. Inst. 56. Bracton L. 3. c. 4. ^ 2, Fleta L. 1. c. 23. § 14. 15. 21. E. 3. 23. But it is believed never to have been capital. 1. H. P. 0. 425. 1 Hawk. 75. Foster, 282. 4. Bl. 188. It seems doubtful also, whether at Common law, the' party forfeited all hia chattels in this case, or only paid a weregild. Foater, ubi supra, doubts, and thinks it of no consequence, as the statute of Gloucester entitles the. party to Royal grace, which goes as well to forfeiture as life. To me there seems no reason for call- ing these excusable homicides, aiid the killing a man in defence of property, a justi- fiable bomioide. The latter' is less guiltleaa than misadventure or self-defence. Suicide is by law punishable by forfeiture of chattels. This bill exempts it from forfeiture. The suicide injures the State less than he who leavea it with his efifect;s. If the latter then be not punished, the former should not. As to the example, we need not fear its influence. Men are too much attached to life, to exhibit frequent instances of depriving themselves of it. At any rate, the quasi-punishmentof con- fiscation will not prevent it. For' if one be found who can calmly determine to re- ■ nouDce life, who is so weary of his existence here, as rather to make experiment of what is beyond the grave', can we suppose hini, in Such a state of rhind, susceptible of influence from the losses to l)is family from confisofttion ? That men in general, too, disapprove of this severity, is apparent from the constant practice of juries find- ing the suicide in a state of insanity ; because they haVe no other way of saving the forfeiture. Let it then be done away. APPENDIX. 153 Whenever sentence of death, shall, have been pronounced against any person for treason or murder, execution shall be done on the next day but one after such sentence, unless it be Sunday, and then on the Monday following.* Whosoever shall be guilty ,of Rape,t Polygamy ,J or Sodomy^" * Beecaria; § 19. 25. G. 2. o. 3*?. • f 13. E. 1. u. 34. Forcible abduction of a woman having substance, is felony byS. H. 1. e. 2. 3. Inst. 61. 4. Bl. 208i If goods be taken, it will be felony as to them, , ■without this statute ; and as to the abduction of the woman, (Juare if not better to leave that, and also kidnapping, 4. Bl. 219. to the Common law remedies, viz., fine, iipprisonment, and pillory, Raym. 4T4. 2 "Show. 221. Skin. 47. Comb. 10. the writs of Homine replegiando. Capias in Withernam, Habeas corpus, and the action of trespass ? Rape was. /elony at the Common latv. 3. Inst. 60.. but see 2. Inst. 181. further — for its definition see 2. Inst. 180. Bracton, L. 3. o. 28. § 1. says the punishment of rape is " amissiof me'mbrorunl, ut sit membrum pro membro, quia virgoi cum corrumpitur, membrum amittit, et ideo corrupt.Or puuiatur in eo in quo deliquit ; oculo^ igitur amittat propter aspeetum decoris quo vii'ginem concupivit ; amittat et te?ticulos qui calorem stupti induxSrunt. Qlim quidem corruptores virgiuitatis et cas- titatissuspendebantur et eorum fautores, &a. Modernistamfen temporibnsaliterobser- vatur," (fee.' And Fleta, " solet justieiarius pro quolibet mahemio ad amissionein testieu- lorum vel oeulorum convictum condemnare, Bed noii sine errore, eo quod id judicium nisi in corruptione virginum tantum cotnpetebat > nam pro yirginitatis corruptione so- lebant abscidi et merito judicari, ut sicpro membro quod abstulit, membrum per quod deliquit aniitteret, viz., testiculos. qui calorem gtupri induxerunt," &o. Fleta, L. 1. e. 40. § 4. " Gif theow man theowne to nydhed genyde,- gabte mid his eoWende :" Si servus servam ad stuprum coegerit, compenset hoc virga sua virilL Si quis puellam," &C. LI. Aelfridi. 25. " Hi purgist femme per forze forfait ad les membres. Lt Gul. eonq. 19. In Dyer, 305, a man was indicted, and found guilty of a rape on a girl of seven years old. The court " doubted of the rape of so tender a girl ; but if she had been nine years old, it would have been otherwise." 14. Eliz, Therefore the statute 18. Eliz. c. 6. says, " For plain declaration of law, be it enacted, that if any person shall unlawfully and- carnally kno^ arid abuse any woman child, under the age often years, &c., he shall' suffer as a felor), without allowance of clergy." Lord Hale, how- ever, 1. P. C. 630. thitiks it rape independent of that statute, to know^ca^ualIy, a girl under twelve, the age of consent. Yet 4. EL 212. seems to neglect this opinion ; and as it was founded. ot(the words ,of 3. E. 1. c. 13..and this is with us omitted, the offence of carnally knowing a girl under twelve, or ten years of age, will not be distinguished from that of any other.' J 1. Jao. 1. e. 1 1. Polygamy was not penal till ihe statute 1. Jac. The law contented itself with the nullity of the act. 4.B1. 163. 3. Inst. 88. §25. H. 8.0.6. Buggery is twofold. 1. With mankind, 2. with beasts. Buggery is the Genus, of which Sodomy'and Bestiality, are -the species. 1 2. Co. 37. says, " note that Sodomy is with mankind." But Finch's L.>B- 3- c 24. " Sodomiary is a carnal cop- ulation aga,inst nature, to wit, of man or wonian in the same sex, or of either of them with beasts." 12. Co. 36. says, " it appears by the ancient authorities of the law that 154 JEFFEESON'S "WORKS. with man or woman, shall be punished, if a man, by;castra- tion,* if a woman, by cutting through the cartilage of her nose a hole of one half inch in diameter at the least. But no one shall be punished for Polygamy; who shall have married after probaljle information of the death 9f liis or her husband or wife, of after his or her husba;nd or wife, hath ab- sented him or herself, so that no notice of his or her being alive hath reached such person for seven years' together, or hath- suf- . fered the punishments before prescribed for rape, polygamy, or sodomy. Whosoever on purpose, and of malice forethought, shall maimf another,, or shall disfigure him, by cutting out or dis- abling the tongue, slitting or cutting off a nose, lip, or ear, brand- ing, or otherwise, shall be maimed, or disfigured in like J sort : this was felony." Yet the 25. H. 8, declares it fel6ny,as if supposed not to b6 bo. Britton, c. 9. says, that Sodomites are to.be burnt. F.N. B. 269. b., Fleta, L. 1' c.67^ says, " pecorantes et Sodomitae in terra vivi cpnfodi^Qtur.'" ' The Mirror makes it trea- son. Bestiality can never inake any^ progress; it cannot therefore be injurious to so-, ciety in any great degree, which is the true measure of erinjinality in foro eivili, and will ever b^ properly and severely punished,' by universal derision. , It may, therefore, be omitted. It was anciently punished with death, as it has; been latterlyj 11. Aelfrid. 31. and 25. H. 8. c. 6. see Beecavia. §31. Montesq. * Bracton, Fleta, &o. f 22. 23. Car. % c. 1. Maiming was felony at the Common law Britton, c. 25. "Mahemium autem dici poteri, aubi aliq.uis in aliqua parte sui corparis laesionetn acceperit, per quam affectus sit inutilis ad pugnandiun : ut si manus amputetur, Yel pes, oculus privetur, vel scerda de osse capitis laveter, vel si quis dentes prae'oisores amiserit, vel eastratus, fuerit, et talis pro mahemiato poterit adjudicari." Fleta L. 1. c. 40. "Et volons que nul maheme nesoit tenus forsque de membre toilet doimt home est plus feble acombatre, si<;ome del oyl, 6u de la mayn,' ou del pie, pu de la tete debruse, ou de les deutz devant." Britton, c. 25. For further definitions, see Bracton, L. 3. c, 24. § 3. 4. Finch L. B. 3. o. 1 2. Go L. 1 26. a. b. 288. a. 3. Bl. 1 2 1 . 4. Bl. 205. Stamf P.C. L. I.e. 41. I do not find any of these definitions confine the offence to wilful and malicious perpetrations of it. 22. 23. Car. 2. c. 1. called the Coventry act, has the words " on purpose and of malice forethought." Nor does the Common law prescribe the same punisliment for disfiguring, as' for maiming. X The punishment Was by retaliation, " Et come ascua appele serra de tele fel- onie atteint ef attende jugement, si soit le judgment tiel que il perde autriel membre come il avera toilet al pleiuty fe. Et sV la pleyute soi faite de femme que avera toilet a home ses membres, en tiel cas perdra la femme la une meyn par jugement, come le membre dount el« axera trespasse." Britton, c. 25. Fleta, B. 1. c. 40. 1.1. Aelfr. 19. 40. ■ ' APPENDIX, 155 or if that cannot bej for want of the same part, then as nearly as may be, in 'some other part of at least equal value and esti- mation, in the opinion of a jury, and moreover, shall forfeit one half of his lands and gopds to the suflfere'r. Whosoever shall counterfeit*, any coin, current by law within this Commonwealth, or any paper bills issued in the nature of money, or of certificates of loan on the credit of this Common- wealthj or of all or' any of the United States of America, or any Inspectors' notes for tobacco, or shall pass any such counterfeit coin, paper,.bills, or notes, knowing them to be counterfeit ; or, for the sake of lucre, shall diminish,! case, of wash 'any such coin, shall "be condemned -to hard labor six- years.in the public works, and shall forfeit all his lands and goods to the Corampn wealth. ^Whosoever committeth Arson, shall be condemned to hard labor five years in the public works, and shall make good the loss of ithe sufferers threefold.<5i ■ *,25,, E.-3. 9t. 5. 0. 2. -5. El, ?. 11. 18. EI. c. 1. 8'. 9. W, 3. o. 26. 16. 16. G. 2. c.' 28. 7. Ann. 0.25. Bj the laws, of Aethelstan and. Canute, thi3 was punislied .by tutting off the hand. ".Gil se, mynetere ful wurthe sle'a man tha hand of, the he that-ful mid worthe and sette uppon tha mynet smiththan." In English cjiaractera and words "if the minter foul [criminal] wert, slay the hand off, that he the foul [crime] with wrought, and set upon the mint-smithery." LI. Aethelst., 14. " iEt si quis praefer banc, falsam feeerit,^ perdat manum quacum falsam eonfeeit." LI. C&uti: 8. It had been death by the LI. Aethelredi sub fine. By those of Jl, 1. "si quis Cum falso denario inventus fuerit — fiat justitia mea, saltem d§ dextr'o ,pugn'o et de testicdis," Anno 1108. Op- erae ■pretium vero est .audire quam severu,s rex fuerit in pravos. Monetarios euim fere omnes totius Anglifte fecit ementulari, et manus dextras absciridi, quia monetam furtive corruperant. Wilkins ib. et anno 1'12§. When -the Common law Jbeoame set- tled, it appears fo.havebeen punishable by death. "Est aliiid genus criminis quod ■ subnomine falsi coutinetur, et ta;ngit corpnam domini regis, et ultimum .inducit sup- plioium, sicut de illiS qui fabam fabrjcant monetam, et qui de re nonreproba, faoiunt reprobam ; sicut sunt retonsorea denariorum. Bract. L. 3. c. § 2. Fleta, L. 1. c. 22. § 4. Lord Hale thinks it was deemed petty treason at common law;. 1. H. P.' C. 220. 224. The briogin|; in false money with intent-to merchandize, and make payment of ' it, is treason, -by 26. E.3. Biit the best proof of the intention, is the act of passing it, and why not leave room for repentance here, as in other cases of felonies intended ? I.H.P. C. 229. , . '- • •f Clipping, filing, rounding, impairiijg, scaling, lightening, (theT^ords-in the statutes) are included in "diminishing;" gilding, in the word "casing;" coloring in the word " washing ;" and falsifying, or mating, is " counterfeiting." I 43. L. e. 13. confined to four counties. 22. 23. Oar. 2.0. "Z. 9. G. l?c. 22. 9. G. 3. c. 29. § Arson was a felony at Common law — 3. Inst. 66 ; punished by a fine, LI. Aethelst. 6. 156 JBFFERgpN'S WORKS. If any person shall, -within this Common-wealth, or being a citi- zen thereof, shall -without the same, wilfully destrcfy* qr runf a-way -with any searvessSl,. or goods laden on board thereof, or plunder or pilfer any wreck, b& shall be condemned to, hard labor five years in the public works, and shall make good the loss of the sufferers threefold. ' Whosoever committeth Robbery, J shall be condemned to hard labor four years in the public works, and shall m^ke double repa- ration to the persons injured. Whatsoever act, if committed on any Mansion house, would be deemed Burglary,<5> shall be Burglary, if .cotnmitted on any other But LI. Cnuti, §1. make it a "soelus inexpiable." 'Hus ^i-ec and baernet and open thyfth aeberetnortl) and Uaford swioe sefter woruld laga is botleds." Word for word, "house-break and burnt, and open tlieft, and inanifest murtber, and lord- treaohery, afterworld's law is bootless." Braoton says, it -svas punished by deatb. " Si quis turbida seditione inoendium feeerit nequiler et in felonia, vel ob inimieilias, vel praedandi causa, eapitali puniatur poena vel senteritia." Bract. L. 3. 27.. He defines it as commissible by burning ." aedes alienas.' " lb. Britton, c. 9. " Ausi soit enquis de ceux que felonisement en temps de pees eient autre 6le)es ou autre mesoTi$ ars, et eeux que serrount (le ceo atteyntz, soient ars iss-int que eux soient punys par mescpe eele chose dount ilz pecherent." Fleta, L. I.e. 31. is a copy of Bracton. The Mirror c. 1. § 8. says, " Ardours sont que ardent citie, ville,. raaisou bomej maison beast, ou auters chatelx, de lour felonie en temps 3e pace pouriaine ou -vengeance," Again, e. 2. § 11. pointing out the words of the* appellor "jeo diss que Sebright, Ac., entiel meason oil Me7is mist de feu," Coke 3. Inst. 67. says, " the ancient authors extended this fel- ony furthev than houses, viz., to sacks of corn, waypes or carts of coal. -wood or other goods." He denies it as commissible, not only on the inset houses, parcel of the raan- sionhouse, but the outset also, as barn, stable,' cowhouse, sheep house, dairy house, mill house, and the like, parcel of the mansion house. But "burning of a barn, -being no parcel of a msinsion house, is no felony," unless there.be corn orhay within it. lb. The 22. 23. Car. 2. and 9. G. 1. are the principal statutes against arson. They extend the offence beyond the Common law. * I.Ann. St. 2. c. 9. 12. Ann. c. 18. 4.G. I.e. 12. 26. G. 2.C.19. t 11.12. W. 3.C. 7. i; Robbery was a felony at Common law. 3 Inst. 68. '' Seelus inexpiable,"* by the LL Cnuti. 61. [See|before in Arson.] It was punished with death. Britt. e. 15> "de robbours et de larouns et de semblables mesfesouj-a, soit ausi ententivement en- qtiis— et tauntost soient ceux robbours juges a la mort." Fleta says, "si quis con- victus fiierit de bonis viri robbatis vel asportatis ad sectam regis judicium capitale subibit. L. 1. u. 89. See also Bract. L. 3. c. 82. § 1. § Burglary was felony at the Common law. 3 Inst. 63. It was not distinguished by ancient authors, except the Mirror, from simple House-breaking, ib. 65. Burglary and House-breaking were called " Hamsooknq di^imus ctiam de pacis violatione et de APPENDIX. ' 157 -house; and'he,who is guilty of Burglgry, shall be condemned to hard, labor four years in the public works, and shall make double reparation to the persons injured. Whatsoever act, if committed in the night time, shall consti- tute the crime of Burglar^, shall, if committed in the day, be deemad House-breaking;* and whosoever is guilty thereof, shall be condeipned to hard labor three yearsan the public works, and shall make reparation to the persons injured. Whosoever shall be guilty of Horse-ste.aling,f. shall be coji- immunit.-it^bus domus, si quis hoc lu posterum feoerit ut perdat omne quod habet, et sit in regis arbitrio utrum vitam habeat. Eac we quaedon be mundbryee and be ham socnum, eethe bit ofer this do thset he dolie ealles thse^ the. age, and sy on' Cyninges dome h\va3ther he life age ; and we quoth of mound-breach, and of home-seeking he who it after this do, that he dole all that he owe [awns], and is in king's doom whetlier he Ufe owes [owns.] LI. Eadmundr. c. 6. and see LI. Cuuti. 61. " hus brec," ia notes on Arson, ante. A Burglar was also called a Burgessor. " Et soit enquis de.Bupgessours et sunt teuus Burgessours trestous ceus qvLi" felonisemeni en temps de pees d(!brusont esglises ou auter mesons, ou mufs ou' portes de nos cytes, ou de nos Burghes." Britt.,c. 10. "Burglaria e.^t npcturna diruptio habitaeuli alieujus, Tel eccle- siae, etiam muroriim, partafumve civitatis.aut biirgi, ad feloniam aliquara perpe- trandam. Noetdnter, dico, reeentiores secutus ; veteres eriim hoe non adjungunt. Spelm.' gloss, verb. Burglaria. It was punished with death. lb. citn. from the office of a Coroner. ■ It may be committed in, the outset houses, as well as inset. 3 Inst. 65. though not under the same roof or eoutiguous, provided they be within the Cur- tilage or HoraestalL 4 Bl. 225. As by the Common law, all felonies were clergiable,. the Stat. 23 H. S. c. 1. 5. E. 6^ Ci,9. and 18 El. c. % first distinguished them, by tak- ing the clerical privilege of impunity from the principals, and 3. 4. W. M. c. 9. from accessories before tlie fSct. No statute defines what Burglary is. The 1 2 Ann. c. 7. decides the doiibt whether, where breaking is subsequent to entry, it is Burglary_ Bacon's Elements had affirmed, and. 1. H. P. C. 554^ had denied it. Otu' bill must dis- tinguish them by different degrees of punishment. * At the Common law, .the offenOe of housebreaking was not distinguished fronj Burglary, and neither of them from any other larcfeny. 'The statutes at first took away, clergy from Burglary, 'which made a leading distinction between the two of- fences. Later statutes, however, have taken clergy from so many cases of House- breaking, as nearly to brjug the offences togethei" again. These are 23 H. 8. o. 1. 1. E. 6. c. 12. 5. and 6 E. 6. c. 9. 3 and 4 W. M. c 9. 39 El. u. 15. 10 and 11 W. 3 c. 23. 1 2 Ann. e. 7. See Barr. 428^ 4 BL 240. The circumstances which in these statutes char- acterize the offence, seem to haye'been occasional and unsystematicaL The houses on which Burglary may be committed, and the circumstances wliich constitute that crime being ascertained, it will be better to define Housebreaking by the Same sub- jects and circumstances, and let the crimes be distinguished only by the hour at which they are committed, and the degree of punishment! f The offence of Horee-steaUng seems properly distinguishable from other larcenies, 158 JEFFEESON'S WORKS. demned to hard labor three years iii the public works, and shall make reparation to the person injured. Grand Larceny* shall . be •where the goods stolen are of the value of five dollars-; and whosoever shall be guilty thereof, shgill be forthwith put ' in the pillory for. one' half hour, shall be con- , denined to hard.laborj- two years in the public works, and shall make reparation to the person injured. here, -where these animals generally run at large, the tsmptation Ijeing so great and frequent, and the facility of commission .so remarkable. See 1 E. 6. c. 12. 23 E. 6. c. 83. 31 El. c. 12. ' , * The distinction between grand and petty larceny,- is very ancient. At first 8d. ■ was the sum which constituted gi'and larceny. 11. AetheUt. c. 1. " Ne parcatur ulli furi, qui fartuni manutenens oaptus sit, supra 12. anncs riato, et 'supra 8. deaarios." Afterwards, in the same king's reign it was raised, to 12d.-"non parcatur alicui furi ultra 12 denarois, et ultra 12 annos nato^ — uf occidemus \\him et capiamus oinnequod possidet, ft imprimis sumamus rei fiirto ablatae pretiiim ab Jiaerede, ac dividatur postea reliquum in duas partes, una pars uxori, si munda, et facinoris conscia non sit ;. et residuum in duo,' dimidium capiat rex,' dimidium s'ocietas." ' LI. Aethelst. Wilkins, p. 65. ■ ' • ■ •(• LI. Inae. c. "7, " Si quis furetur ita ut uxor ejus et infans ipsius nesoiant, solvat -60. solidos poenae. loco. Si autem furetur test-antibus omnibus haeredibus suis, abeant onmes in servitutem." Ina was king of the West-Saxons, and began to reign, A. C. 688. After the union of the Heptarchy; i. e. temp. Aethelst. inter 924 and 940, we find it punishable with death'as above. So it -was inter- 1017 and 10S5, i-. e. temp. Cnuti.' LI, Cnuti 61. cited in notes on Arson. In the time of William the conqueror, it se^ms to have been made, punishable by fine only. LI. Gul. conq. apud Wilk. p. 218, 220. This commutation, however, was takenaway by LI. H. 1. anno 1108, •" Si quis in furto vel latroelnio deprehens.ua fuisset, suspenderetur ; sublata -sHrgildortim, id est, peeu- niarae redemptiohis lege." Larceny is the felonious taking and carrying away of .the personal goods of another. 1. Asto the taking, the S. 4. W. M. c. 9 § 5. is not addi- tional to the' Common. law, but declaratory of it; because where only the care or - use, and nofr the possession, of things is delivered, to take them was larceny at the Common law. The 33. H. 6. c. 1. and 21 H. 8. e. V. indeed, have added to the-Com- ' mon law, by making it larceny in a servant to convert things of his master's. But qutere, if they should be imitated more than as to other breaches of trusJ in general. 2. As to the subject of larceny, 4 6. 2. c. 32. 6 G'. 8. c. 86. 48. 43; El. e!- 7. IB. Car. 2. c. 2. 23. G. 2. e. 26. 311 G. 2. o. SB. 9, G-. 3. c. 41. 26. G. 2. e. JO. have extended larc^y to things of various sorts either real, or fixed to the reality. But the enumeration is unsystematical, and in this- country, where the produce of the earth is so spontaneous, as to have rendered things of this kiadscarcely.a breach of civility or good manners, in the eyes of the people, quaare, if it would not too muoh'enlarge, the'fieUof Crim- inal law?, The same may be questioned of 9 G. 1. 6. 22. 13 Car. 2, c. 10. 10 6. 2. c. 32. 5 G. 8. c. 14. 22 and 23 Car. 2. c. 26. Si E. 8. c. 19. making it felony to steal ani- mals fersB naturae. , ' , - APPENDIX. 159 Petty Larceny shalL be, where the .goods stolen are of less value than five dollars; and whosoever shall be guilty thereof, shall be forthwith put in the. pillory for a quarter of an hour, shall be con- demned to hard labor one year in the public works, and shall .make reparation to the person injured. Rdbbery* or larceny of Jbonds, bills obligatory, bills of ex- change, or promissory notes for the payment of money or tobacco, lottery tickets, paper bills issued in the nature of money, or of certificates of- loan on the credit of this -Commonwealth, or of all or any of the United States of America, or Inspectors' notes for tobacco, shall be punished in the same manner, as robbery or larceny of the money or tobacco due on, or represented by such ' ,papers. Buyersf and receivers, of goods taken by way of robbery or larceny, knowing them to have, been so taken, shall be deemed . acfcessaries to such robbery or larceny after the fact. Prison-breakersJ,also, shall be deemed accessaries after the fact, to traitors or felons whom they enlarge from prison. '§> * 2 G. 2. c. 25% 3.1 G. 3, c. 50. , , . ' . -1-3. 4. W. M. c. 9. § 4. 5 Ann. c. 31. § 5. 4 G. 1. c. 11. § I. i 1 E. 2. ■ [ , § Breach of prison at the Common law was capital,' .without regard to the crime for whidi the party was committed. " Gum pro criminis' qualitate.in careerem re- cepti fuerint, oonapiraverint' (ut ruptia Tinoulia aut fraeto carcere) evadaut, amplius (quam causa pro qua recepti sunt exposeit), puniendi sunt, videlicet ultimo anp- plicio, quamvis ex eo crimine inaocentes inveniantur, proptet' quod iuducti spnt in careerem et imparoati; • Bracton L..3. p. 9. § 4. Britt. c; 11. Fleta, li. 1. c. 26. § 4. Yet in the Y. B. Hill. 1. H. 1. 2. Hussey says, that by the opinion of Billing and Choke, and all the justices, it was a felony in strangers only, but not in the prisoner himself.- S. C. Fitz. Abr., Coron.' 48. They are principal felons, not accessaries, ib. Whether it was ftelony in the prisoner at Common law, is doubted. Stam. P. 0. 30. b The Mirror c. 5. § 1, says, ' abusion est -a tener escape de. prisoner, ou de bruserie del gaole pur peche mortell, car eel usage nTest garrant per nul ley,' ne in nul part est use forsque in cfist realmej et en-France, e'ins [mais]. est leu garrantie de ceo faire - per la ley de nature." 2 Inst. 589. The stat. 1. E. 2. de_ fraugentibus prisonam, re- strained the judgihent of life- and limb for prison breaking, to cases where the offence of the prisoner required such judgment. It is not only vain, but wicked, in a legislator to frame laws in opposition to the la-svs of nature, and to arm them -with the terrors. of. death. . This Is truly creating crimes in order to punish them. The law of nature impels every one to escape from confinement ; it should not, therefore, be subjected to punishment. Let the legislator 160 JEFFBESON'S W-OEKS. All attempts to, delude .the people, or to abuse their under- standing by exercise of the pretended arts of witchcraft, conjur- ation, enchantment, or sorcery, oj by pretended prophecies, shal be punished by ducking and whipping, at the discretion of a jury, not exceeding fifteen stripes.* : If the principal- offenders te fled, j- or secreted from justice, in any case not touching life or member, the accessaries may, not- ■withstanding,. be prosecuted as if their principal yfreie convicted.J If any offender stand mute of obstinacy,'^ or challenge perempr torily more- of the jurors than, by law he may, being first -warned of the consequence thereof, the court shall proceed as if he had confessed the charge.]] restrain his criminal by walls, not by parchmjent. ' As to strangers breaMug prison to enlarge an offender, tiey should, and may be' fairly considered as accessaries after the fact. This ' bill says nothing of the prisoner releasing himself by breach of jail, he will have the benefit of the first section o^the bill, which repeals the judgment of life and death at the common law. * Gif wiooan' owwe wiglerai nansworan, owwe taorthwyrhtan owwe fule afylede cebere horcwenan ahwhar 6n. lande wurthan agytene, thonne fyrsie man of earde and oltensie tha theode, owwe on' earde forfare hi mid ealle, buton hi geswican and the deoper gebetan : if • witches, or weirds, man-swearers, or murther-wroughters, or foul, defiled, open 'whore-queens, aywhere in the land were gotten, then force them off earth, andclgansethe nation, or in earth forth-fare them withal, buton they be- , seech, and deeply betT;er.' LI. Ed. et Gnthr. c. 11; " Sagae, muEeres barbara, facti- tantes saorificia, aut pestiferi, si cui mortem intulerint, neque id iuficiari poterint, capitis poena esto." ' LI. Aethelst. C. 6. apud Lambard. LL Aelfr. .SO. LI. Cnuti.c.4. "Mesme eel jugement (d'etrears) eyent sorcers, et sorceresses, &a. ut supra. Fletaut et ubi supra.. .3. Inst 44. Trial of witches'hefore Hale in 1664. The statutes 33.H. 8. c. 8.' 5. El. e. 1 6 arid 1. Jac.. 1. _c. 1 2. seeni to be only inconfirmation of the Common law, 9 6. -2. c. 25. punishes them with pillory, and a year's unprisonmfeut. 3 E. 6. c. 16. 6 El. c. 15j punish fond, fantastical. and false prophecies, by fine and. imprisonment. t 1 Ann. >;. 9. § 2. , ■ ' ' ' J As every treason includes within it a misprision of treason, so every felony in- cludes a misprision, or ihisdemeanor. 1 Hale P. C. 652. 708. "Licet fuerit felonia, tamen in eo cOntinetur misprisio." . 2 R. 3 10. Both principal and aecfssary, there- fore, may be proceeded against in any case, either for felony or misprision, at .the Common law. Capital cases not .being mentioned here, accessaries to them will of course be triiible for miapiisiuns, if the offender flies. .§ E. I.e. 12. II Whether the judgment of penance lay at Common law. See 2 Inst. 178. 2 H. P. C. 321. 4 Bl. 822. It was given on standing mute; but on ehiillengins? more'thap the legal number, whether that sentence, or sentence of death is to be given,' seems APPENDIX. 161 Pardon and Privilege of clergy, shall henceforth be abolished, that none may be induced to injure through hope of impunity. But if the verdict be against the defendant, and the court before "whom the offence is heard and determined, shall doubt that it may be untrue for defect of testimony, or other cause, they may direct a new trial to be had.* doubtful. 2 H. P. 0. 316. Qusere, whether it would not be better to consider the Bupernumerary challenge as merely void, and to proceed in the trial ? Qusere too, in case of silence ? * " Cum Clericus sic de crimine convictus degradetur non sequitur alia poena pro uno delicto,' vel pluribus ante degradationem perpetratia. Satis enim suflBcit ei pro poena degradatio, quae est magna capitis diminutio, nisi forte ' convictus fuerit de apostatia, quia hino primo degradetur, et poatea per manum laicalem comburetur, secundum quod aceidit in conci,lio Oxoni oelebrato a bonae memoriae S. Cautuanen. Archiepiseopo de quodam diacono, qui se apostatavit pro quadam Judaea ; qui cum eesgt per episcopum degradatus, statim fdit igni traditus per manum laicalem." Bract. L. 3. u. 9. § 2. " Et mesme eel jugement (i. c. qui ila soient afs) eyent sorcers et sor.ceresses, et sodomites et mesereauntz apertement atteyntz. Britt. c. 9. " Chris- tiani autem Apostatae, sortilegii, et hujusmodi detractari debent et comburi." Fleta, L. 1. e. 37. § 2. see 3. Inat. 39. 12. Rep. 92. 1. H. P. 0. 393. The extent of the cler- ical privilege at the Common law. 1. As to the crimes, seems very obscure and un- certain. It extended to no case where the judgment Was not of life, or limb. Note in 2. H. P. C. 326. This therefore excluded it in trespass, petty larceny, or killing se defendendo. In high treason against the person of the King, it aeema not to have been allowfed. Note 1. H. P. C. 185. Treasons, therefore, not against the King's person immediately, petty treasons and felonies, seem to have been the cases where it was allowed ; and even of those, not for insidiatio varium, depopulatio agrorum, or combustio domorum. 1'he statute de Clero, 25. E. 3. st. 3. c. 4. settled the law on this head. 2. As to the persons, it extended to all clerks, always, and toties quo- ties. 2. H. P. C. S'ji To nuns also. Fitz. Abr. Corone. 461. 22. E. 3. The clerical habit and tonsure were considered as evidence of the person being clerical 26. Asaiz. 19. 20. E. 2. Fitz. Corone. 233. By the 9. E. 4. 28. b. .34. H. 6. 49 a. b. aimple reading became the evidence. This extended impunity to a great number of laymen, and toties quoties. The stat. 4. H. 7. c. 13. directed that real clerks should, upon a second arraignment, produce their orders, and all others to be burnt in the hand with M. or T. on "the first allowance of clergy, and not to be admitted to it a second time. A heretic, Jew, or Turk (as being incapable of orders) could not have clergy. 1 1. Co. Rep. 29 b. But a Greek, or other alien, reading in a book of hia own (»un- try, might. Bro. Clergie. 20. So a blind man, if he could speak Latin. lb. 21. qu. 11. Eep. 29. b. The orders entitling the party, were biahops, priests, deacons and subdeacons, the inferior being reckoned Clerici in minoribus. 2. H. P. C. 373. Quajre, however, if this distinction is not founded on the stat. 23. H. 8. c. 1. 25. H. 8. o. 32. By merely di'opping all the statutes, it should seem that none but clerks would be entitled to this privilege, and that they would, toties quoties. VOL. I. 11 162 JEFFERSON'S WORKS. No attainder shall work corruption of blood in any case. In all cases of forfeiture, the widow's dower shall be saved to her, during her title thereto ; after which it shall be disposed of as if no such saving had been. The aid of Counsel,* and examination of their witnesses on oath, shall be allowed to defendants in criminal prosecutions. Slaves guilty of any offencef punishable in others by labor in the public works, shall be transported to such parts, in the*West Indies, South America^ or Africa, as the Governor shalL direct, there to be continued in slavery. [Note F.] ' Notes on the Establishment of a Money Unit, and of a Coinage for the United States. In fixing the Unit of Money, these circuinstances are of prin- cipal importance. I. That it be of convenient size to be applied as a measure to the common money transactions of life. II. That its parts ^and multiples be in an easy proportion to each other, so as to facilitate the money arithmetic. III. That the Unit and its parts, or divisions, be so nearly of the value of some of the known coins, as that they may be of easy adoption for the people. The Spanish Dollar seems .to fulfil all these conditions. I. Taking into our view all money transactions, great and small, I question if a common measure of more convenient size than the Dollar could be proposed. The value of 100, 1000, 10,000 dollars is well estimated by the mind ; so is that of the tenth or the hundredth of a dollar. Few transactions are above * 1. Ann. c. 9. f Manslaughter, counterfeiting, arson, aaportation of Tesoels, robbery, burglary, houBe-breakiug, horse-stealing, larceny. APPENDIX. 163 or below these limits. . The expediency of attending to the size of the money Unit will be evident, to any one who will consider how inconvenient it would be to a manufacturer or merchant, if, instead of the yard for measuring cloth, either the inch or the mile had been made the Unit of Measure. H. The most easy ratio of multiplication and division, is that by ten.' Every one knows the facility of Decimal Arithmetic. Every one remembers, that, when learning Money- Arithmetic, he used to be puzzled with adding the farthings, taking out the fours and carrying them on ; adding the pence, taking out the twelves and carrying them on ; adding the shillings, taking out the twen- ties and carrying them on ; but when he came to the pounds, where he had only tens to carry forward, it was easy and free from error. The bulk of mankind are, school-boys through life. These little perplexities are always great to them. And even mathematical heads feel the relief of an easier, substituted for a more difficult process. Foreigners; too, who trade and travel among us, will find a great facility in understanding our coins and accounts from this ratio of subdivision. Those who have had occasion to convert the livres, sols, and deniers of the French ; the gilders,, stivers, and frenings of the Dutch ; the pounds, shil- lings', pence, and farthings of these several States, into each other, can judge how much they would have been aided, had their several subdivisions been in a decimal ratio. Certainly, in all cases, where we are free to choose between easy and difficult modes of operation, it is most rational to choose the easy. The Financier, therefore, in his report, well proposes that our Coins should be in decimal proportions to one another. If we adopt the Dollar for our Unit, we should strike four coins, one of gold, two of silver, and one of copper, viz. : 1. A golden piece, equal in value to ten dollars : 2. The Unit or Dollar Itself, of silver : 3. The tenth of a Dollar, of silver also : 4. The hundredth of a Dollar, of copper. Compare the arithmetical operations, on the same sum of mo- 164 JEFFEESON'S WORKS. ney expressed m this form; and expressed in the pound sterling and its division. £ B. d. qrs. Dollars. Addition. 8 13 11 l-2=38.'65 4 12 8 3-4 = 20.61 13 6 8 1-4=69.26 Multiplication by 8. £ o. d. qrs.- DoUara. 8 13.11 1-2=38.65 £ B. d, qrs. Dollars. Subtraction. 8 13 11 1-2=38.65 4 12 8 3-4=20:61. 20 173 12 2087 4 S350 8 8 $.309.20 4 1 2 3-4= =18.04 Division hj 8. £ B. d. qrs. Dollars. 8 13 11 1-2= =8 J .38.6& 20 4.83 173 12 2087 4 8J 8350 4j 1043 12 J 260 3-4 20J 21 8 3-4 £1 1 8 34 4 J 66.800 12J 16700 20J 1391 8 £69 11 8 A bare inspection of the above operations will evince the la- bor which is occasioned by subdividing the Unit into 20ths, 240ths, and. 960ths, as the English ■ do, and as we have, done ; and the ease of subdivision in a decimal ratio. The same differ- ence arises in making payment. An Englishman, to pay £8, 13s. lid. 1-2 qrs., must find, by calculation^ what combination of the coins of his country will pay this sum ; but an American, hav- ing the same sum to pay, thus .expressed f 38.65, will know, by inspiection only, that three golden pieces, eight units or dollars, six tenths, and five coppers, pay it precisely. III. The third condition required is, that the Unit, its multiples, and subdivisions, coincide in value with some of the known coins so nearly, that the people iriay, by a quick reference in the mind, estimate their value. If this be not attended to, they will be very long in adopting the innovation, if ever they adopt it. Let us examine, 'in this point of view, each of the four coins proposed. 1. The golden piece will be 1-5 more than a half joe, and APPENDIX. 165 1-15 more than a double guinea. It will be readily estimated, then, by reference to either of them ; but more readily and ac- cutately as equal to ten dollars. 2: The Unit, or Dollar, is a known coin, and the most familiar of all, to the minds of the people. It is already adopted from South to North ; has identified our currency, and therefore hap- pily ofiers itself as a Unit already introduced. Our public debt, our requisitions, and their appointments, have given it actual and long possession of the place of Unit. The course of our commerce, too, will bring us more of this than of any other for- eign coin, and therefore renders it more worthy of attention. I know. of no Unit which can be proposed in competition with the Dollar, but the Pound. But what is the Pound ? 1547 grains of fine silver in Georgia ; 1289 grains in Virginia, Connecticut, Rhode Island, Massachusetts, and New Hampshire ; 1031 1-4 ' grains in Maryland, Delaware, Pennsylvania, and New Jersey ; 966 3-4 grains in North Carolina and New York. Which of these shall we adopt ? To which State give that pre-eminence . of which all are so jealous ? And on which impose the difficul- ties of a new estimate of .their corn, their cattle, and other com- modities ? Or shall we hang the pound sterling, as a common badge^ about all their necks ? This contains 1718 3-4 grains of pure silver. It ig difficult to familiarize a new coin, to the peo- ple ; it is more difficult- to familiarize them to a new coin with an old name. Happily, the dollar is familiar to them all, and is already as much referred to for a measure of value, as their re- spective provincial pounds. 3. The tenth will be precisely the Spanish bit, or half pis- tereen. This is a coin perfectly familiar to us all. When we shall make a new coin, then, equal in value to this, it will be of ready estimate with the people. 4. The hundredth, or copper, will difier little from the copper of the foiu: Eastern States, which is 1-108 of a dollar ; still less from the permy of New York and North Carolina, which is 1-96 of a dollar ; and somewhat more from the penny or copper of Jersey, Pennsylvania, Delaware, and Maryland, which is 1-90 of a dollar. 166 JEFFERSON'S WORKS. It -will be about the medium between the old and the new coppers of these States, and will therefore soon be substituted' for them both. In Virginia, coppers have never been in use. It will be as easy, therefore, to introduce them there of one value as of an- other. The copper coin proposed will be nearly equal to three- fourths gf their penny, which is the same with the penny lawful of the Eastern States. A great deal of small change is useful in a State, and tends to reduce the price of small articles. Perhaps it would hot be amiss to coin three more pieces of silver, one of the value of five-tenths, or half a dollar, one of the value of two-tenths, which would be equal to the Spanish pistereen, and one of the value of five cop- pers, which would be equal to the Spanish half-bit. We should then have five silver coins, viz.: 1. The Unit or Dollar: 2. The half dollar or five-tenths : 3. The double tenth, equal to 3, or one-fifth of a dollar, or to the pistereen : 4. The tenth, equal to a Spanish bit : 5. The five copper piece, equal to .5, or one-twentieth of a dollar, or the half-bit. The plan reported by the Financier is worthy of his, sound judgment. It admits, however, of objection, in the size of the Unit. He proposes that this shall be the 1440th part of a dollar : so that it will require 1440 of his units to make the one before proposed. He was led to adopt this by a mathematical attention to our old currencies, all of which this Unit will measure without leaving a fraction. But as out object is to get rid of those cur- rencies, the advantage derived from this coincidence WjU soon be past, whereas the inconveniences, of this Unit will forever remain, if they do not altogether prevent its introduction. It is defective in two of the three requisites of a Money Unit. 1. It is incon- venient in its application to the ordinary money transactions. 10.000 dollars will require eight figures to express them, to wit, 14,400,000 units. A horse or bullock of eighty dollars value, will require a notation of six figures, to wit, 115,200 units. As APPENDIX. 167 a money of account, this will be laborious, even when facilitated by the aid of decimal arithmetic : as a common measure of the value of property, it will be too minute to be comprehended by the people. The French are subjected to very laborious calcula- tions, the Livre being their ordinary money of atfcount, and this but between 175th and l-6th of a dollar ; but what will be our labors, should our money of account be l-1440th of a dollar? 2. It is neither equal, nor near to any of- the known coins in value. If we determine that a Dollar shall be our Unit, we must then say with precision what a Dollar is. This coin, struck at different times, of different weights and fineness, i^ of different values. Sir Isaac Newton's assay and representation to the Lords of the Treasury, in 1717, of those which he examined, make their values as follows : dwts. grs. The Seville piece of eight '. . 1*7 — 12 containing SST grains of pure silyer. The Mexico piece of eight . . . 17—10 6-9 " 385 1-2 The Pillar piSce of eight . . 17—9 " 383 3-4 The ne-w Seville piece of eight . . 14— " 308 7-10 The Financier states the old Dollar as containing 376 grains of fine silver, and the new 365 grains. If the Dollars circulating among us be of every date equally, we should examine the quan- tity of pure metal in each, and from them form an average for our Unit. This is a work proper to the committed to mathemati- cians as well as merchants, and which should be decided on actual and accurate experiment. The quantum of alloy is also to be decided. Some is neces- sary, to prevent the coin from wearing too fast; too much, fills our pockets with copper, instead of silver. The silver coin as- sayed by Sir Isaac Newton, varied from 1 1-2 to 76 pennyw^eights alloy, in the pound troy of mixed metal. The British standard has 18 dwt,; the Spanish coins assayed by Sir Isaac Newton, have from 18 to 19 1-2 dwt.; the new French crown has in fact 19 1-2, though by edict, it should have 20 dwt., that is 1-12. The taste of our countrymen will require, that their furniture 168 JEFFERSON'S WOEKS. plate should be as good as the British standard. Taste cannot be controlled by law. Let it then give the law, in a point which is indifferent to a certain degree. Let the- Legislature fix the alloy of furniture plate at 18 dwt., the British standard, and Congress that of their coin at one ounce in the poxmd, the French standard. This Jjroportion has been found convenient for the alloy of gold coin, and it will simplify the system of our mint to alloy both metals in the same degree. The coin, too, being the least pure, will be the less easily melted into plate. These reasons are light, indeed, and, of course, will only weigh, if no heavier ones can be opposed to them. The proportion between the values of gold and silver is a mercantile problem altogether. It would be inaccurate to fix .'it by the popular exchanges of a half Joe for eight dollars, a Louis for four French crowns, or five Louis for twenty-three dollars. The first of these, wojild be to adopt the Spanish proportion be- tween gold and silver; the second, the French; the third, a mere popular barter, wherein convenience is consulted more than accuracy. . The legal proportion in Spain is 16 for 1 ; in Eng- land, 15 1-2 for 1 ; in France, 15 for 1. The Spaniards and Eng- lish are found, in- experience, to retain an over-proportion of gold coins, and to lose their silver. The French have a greater pro- portion of silver. The difference at market has been on the "de- crease. The Financier states it at present, as at 14 1-2 for one. Just principles will lead us to disregard legal proportions altogeth- er ; to enquire into the market price of gold, in the several coun- tries with which we shall principally be coimected in commerce, and to take an average from them. Perhaps we might, with safety, lean to a proportion somewhat above par for gold, considering our neighborhood, and coihmeree with the sources of the coins, and the tendency which the high price of gold in Spain has, to draw thither all that of theif mines, leaving silver principally for our aijd other markets. It .is not impossible that 15 for 1, niay be found an eligible proportion. I state it, however, as a conjecture only. As to the alloy for gold coin, the British is an ounce in the APPENDIX. 169 pound; the French, Spanish, and Portuguese differ from that, only from a quarter of a grain, to a grain and a half. I should, therefore, prefer the British, merely tecause' its fraction stands in a more simple form, and facilitates the calculations into which it enters. Should the Unit be fixed at 365 grains of pure silver, gold at 15 for 1, and the alloy of both be one-twelfth, the weight of the coins will -be as follows : Grains. Gitaii^s. ' dwt. Grains. The Golden piece containing 242 1-3 of pure metal, 22.12 of alloy, -^ill weigh 11— 1.45 *■ The Unit or Dollar . . 365 , . 33.18 X6— 14.18 The half dollar, or five tenths, 182 1-2 ' . . . 16.59 . , 8—7.09 The fifth, or Pistereen, ... 73 6.B3 ^ 3—7.63 The tenth, or Bit. . . 36 1-2 . . 3.318 . 1—15.818 The twentieth, or half Bit, . 18 1-4 . 1.659 . 19.9 The quantity of fine silver which shall constitute the Unit, being settled, and the proportion of the value of gold to that of silver ; a table should be formed from the assay before suggested, classing the several foreign coins according to their finenessj de- claring the worth of a pennyweight or grain in each class, and that they, shall be lawful, tenders at those rates, if not clipped or otherwise diminished ; and, where diminished, ofiering their value for them at the mint, deducting the expense of re-coinage. Here the Legislatures should co-operate with Congress, in providing that ho money be received or paid at their treasuries, or by any of their officers, or any bank, but on actual weight ; in making it criminal, in a high degree, to diminish their own coins, and, in some smaller degree, to offer then; in payment when diminished. That this subject may be properly prepared, and in raadiness for Congress to take up at their meeting in November, something must, now be done. The present session drawing to a close, they probably would not choose to enter far into this undertaking themselves. The Committee of the States, however, during the recess, wiU have time to digest it thoroughly, if Congress will fix some general principles for their government. Suppose they be instructed, To appoint proper persons to assay and examine, with the ut- 170 JEFFERSON'S WORKS. most accuracy practicable, the Spanish milled dollars of different dates, in circulation with ug. To assay and examine, in like niarmer, the fineness of all the other coins which may be found in circulation within these States. To report to the Committee the result of these assaySjby'them to be laid before Congress. To appoint, also, proper persons to enquire what are the pro- portions between the values of fine gold, and fine silver, at the markets of the several countries with which we are, or probably may be, connectfed in commerce ; and what would be a proper proportion here, having regard to the average of their Values at those markets, and to other circumstances, and to report the same to the Committee, by them to be laid before Congress. To prepare an Ordinance for establishing the Unit of Money within these States ; for subdividing it ; and for striking coins of gold, silver, and copper, on the following principles,: That the Money Unit of these States shall be equal in value to a Spanish milled dollar containing so much fine silver as the assay, before directed, shall show to be contained, on an average, in dollars of the several dates in circulation with us. That this Unit shall be divided jutO' tenths and hundredths ; that there shall be a coin of silver of the value of a Unit ; one Other of the same metal, of the value of one-tenth of a Unit ; one other of copper, of the value of the htmdredth of a Unit. • That there shall be a coin of gold of the value of ten Units, according to the report before directed, and the judgment of the Committee thereon. (That the alloy of the said coins of gold and silver, shall be equal in weight to one-eleventh part of the fine metal. That there be' proper devices for these coins. That measures be proposed for preventing their diminution, and also their currency, and that of any others, when diminished. That the several foreign coins be described and classed in the said Ordinance, the fineness of each class stated, and its value by weight estimated in Units and decimal parts of Units. APPENDIX. 171 And that the said draught of an Ordinance be reported to Con- gress at their next meeting, for their consideration and determi- nation. Suppleinentary Explanations. The preceding notes having been submitted to the considera- tion of the Financier, he favored me with his opinion and obser- vations on them, which render necessary the following supple- mentary explanations. I observed, in the preceding notes, that the true proportion of value between gold and silver was a mercantile problem alto- gether, and that, perhaps, fifteen for one, might be found an eligible proportion. The Financier, is- so good as to inform me, that this would be higher than the market would, justify. Con- fident of his better information oji this subject, I recede from that idea.* He also informs me, that the several coins, in circulation among us, have been already assayed with accuracy, and the result published in a work on that subject. The assay of Sit Isaac Newton had superseded, in my mind, the necessity of this operation as to the older coins, which were the subject of his examination. This later work, with equal reason, may be con- sidered as saving the same trouble as to the latter coins. So far, then, I accede to the opinions of the Financier. On the other hand, he seenjs to concur with ,me, in thinking his smallest fractional division too minute for a Unit, and, therefore, proposes to transfer that denomination to his largest silver coin, containing 1000 of the units first proposed, and, worth about 4s. 2d. lawful, or 25-36 of a Dollar. The only question then remaining • between us is, whether the Dollar, or this .coin, be * In a newspaper, which frequently gives good details in political economy, I find, under the Hamburgh head, that the present market price of Gold and' Silver is, in England, 15.5 for 1 : in Russia, 15 : in Holland, 14. '75 : in Savoy, 14.6 : in France, 14.42: in Spain, 14.3 : in Germany, 14. 1 55-: the average of which is 14.675 or 14 5-8. I would still incline to give a little more than the market price for gfold, be- cause of its superior convenience in transportation. 172 JEFFERSON'S WORKS. best for the Unit. We both agree that the ease of adoption with the people, is the thing to be aimed at. 1. As to the Dollar, events have overtaken and superseded the question. It is no longer a doubt whether the people can adopt it with ease ; thpy have adopted it, and will have to be turned out of that, into another tract of calculation, if another Unit be assumed. They have now two Units, which they use with equal facility, viz., the Pound of their respective State, and the Dollar. The first of these is peculiar to each State : the second, happily, common to all. In each State, the people have an easy rule of converting the pound of their State into dollars, or dol- lars into pounds ; and this is enough for them, without ^knowing how this may be done in every State of the Union. Such of them as live near enough the borders of their State to have deal- ings with their neighbors, learn also the rule of their neighbors : thus, in Virginia and the Eastern States, where the dollar is 6s. or 3-10 of a pound, to turn poimds into dollars, they multiply by 10 and divide by 3. To turn dollars into pounds, they mul- tiply by 3, and divide by 10. Those in Virginia who live near to Carolina, where the dollar is 8s. or 4-10 of a pound, learn the operation of that State, which is a multiplication by 4, and divi- sion by 10, et e converso. Those who live near Maryland, where the dollar is 7s. 6d. or 3-8 of a pound, multiply by 3, and divide by 8, et e converso. All these: operations are easy, and- have been found, by experience, not too much for the arith- metic of the people, when they have occasion to convert their old Unit into dollars, or the reverse. 2. As to the .Unit of the Financier ; in the States where the dollars is 3-10 of a pound, this Unit will be 5-24. Its conversion into the pound then, will be by a multiplication of 5, and a di- vision by 24. In the States where the dollar is 3-8 of a poimd, this Unit will be 25-96 of a pound, and the operation must be to multiply by 25, and divide by 96, et e converso. Where the dollar is 4-10 of a pound, this Unit will be 5-18. The simplicity of the fraction, and of course the facility of conversion and recon- version, is therefore against this Unit, and in favor of the dollar, in APPENDIX. 173 every instance. The only advantage it has over the dollar, is, that it will in every case express our farthing without a remainder ; whereas, though the dollar and' its decimals will do this in many cases, it will not in all. But, even in .these, by extending your notation one figure further, to wit, to thousands, you approximate to perfect accTiracy within less than the two-thousandth part of a . dollar ; an atom in money which every one would neglect. Against this single inconvenience, the other advantages of .the dollar are more than sufiicient to preponderate. This Unit will present to the people a new coin, and whether they endeavor to estimate its value by coihparing it with a Pound, or with a Dollar, the Units they now possess, they will find the fraction very compound, and of course less accommodated to their comprehension and habits than the dollar. Indeed the probability -is, that they could never be led to coinpute in it generally. The Financier supposes that the 1-100 part of a dollar is not suffi- ciently small, ^here the poor- are purchasers or vendors. If it is not, make a smaller coiii. But I suspect that it is small enough. Let us ex:amine facts-, in countries where we are acquainted with them. In Virginia, where our towns are few, small, and of course their demand for necessaries very limited, we have never yet been able to introduce a copper coin at all. The smallest coin which anybody will receive there, is the half-bit, or 1-20 of a doUar. In those States where the towns are larger and more populous, a more habitual barter of small wants, has called for a copper coin of 1-90, 1-96, or 1-108 of a dollar. In England, where the towns are many and populous, and where ages of experience have ma- tured the conveniences of intercourse, they have found that some wants may be supplied for a farthing, or 1-208 of a dollar, and they have accommodated a coin to this want. This business is evidently progressive. In Virginia, we are far behind. In some other States, they are further advanced, to wit, to thei appreciation of 1-90, 1-96, 1-108 of a dollar. To this most advanced state, then, I accommodated my smallest coin in the decimal arrange- ment, as a money of payment, corresponding with the money of account. I have no doubt the time will come when a smaller ■174 JEFFEK-SON'S WOEKS. coin will be called for. When that comes, let it be made. It will probably be the half of the copper I suppose, that is to say, 5-1000 or .005 of a dollar, this being very nearly the farthihg of England. But it will be time enough to make it, when the peo- ple shall be ready to receive it. My proposition then, is, that, our notation of money shall be decimal, descending ad libitum of the person noting; that the Unit of this notation shall be a Dollar ; that coins shall be ac- commodated to it from ten dollars to the hundreth of a dollar ■ and that, to set this on foot, the resolutions be adopted which were proposed in the notes, only substituting an enquiry into the fineness of the coins in Ueu of an assay of them. [Note G.] , I have sometimes asked myself, whether my country is the betterformy having lived at all? I do not know that it is. I have been the instrument of doing the following things ; but they w.ould have been done by others ; sorne of theta, perhaps, a little better. The Rivaima had never been used for- navigation ; scarcely an empty canoe had ever passed down it. Soon after I came of age, I examined its obstructions, set on foot a subscription for remov- ing them, got an Act of Assenfbly passed, and the thing effected, so as to be used completely and fully for carrying down all our produce. The Declaration of Independence. I proposed the demolition of the church establishment, and the freedom of religion. It could only be done by degrees ; to wit, the Act of 1776, c. 2. exempted dissenters from contributipns to the Church, and left the Church clergy to be supported by volun- tary contributions of their own sect ; was continued from year to year, and made perpetual 1779, c. 36. I prepared the act for re- ligious freedom ii^ 1777, as part of the revisal, which was not APPENDIX.. 175 reported to the Assembly till 1779, and that particular law not passed till 1785, and then by the efforts of Mr. Madison. The act putting an end to entails; The act prohibiting the importation of slaves. The act concerning citizens, and establishing the natural right of man to expatriate himself, at will. The act changing the course of descents, and giving the in- heritance to all the children, &c., equally, I drew as part of the revisal. The act for apportioning crimes and pimishments, part of the same work, I drew. When proposed to the legislature, by Mr. Madison, in 1.785, it failed .by a Single vote. G. K. Tayl6r after- wards, in 1796, proposed the same subject ; avoiding the adaption of any part of the diction of mine, the text of which had been studiously drawn in the technical terms of the law, so as to give no occasion for new questions by new expressions. When I drew mine, public labor was thought the best punishment to be substi- tuted for death. But, while I was in France, I heard of a society in England, who. had successfully introduced solitary confine- ment, and saw the drawing of a prison at Lyons, in France, formed on the idea of solitary confinement. And, being applied to by the Governor of Virginia for the plan of a .Capitol and Prison, I sent him the Lyons plan, accompanying it with a drawing on a smaller stale, better adapted to our use. This was in June, 1786. Mr. Taylor very judiciously adopted this idea, (which had now been acted on in Philadelphia, probably from the English model) and substituted labor in con^nement, to the public labor proposed by the Committee of revisal ; which themselves would have done, had they been to act on the subject again. The public mind was ripe, for this in 1796, when Mr. Taylor proposed it, and ripened chiefly by tjie experiment in Philadelphia ; whereas, in 1785, when it had been proposed to our Assembly, they were hot quite ripe for it. In-1789 and 1790, 1 had a great number of olive plants, of the best kind, sent from Marseilles to Charleston, for South Carolina and Georgia. They were planted, and are flourishing; and, 176 Ji^FFERBON'S "WORKS. though not yet multipUed, they will be the germ of- that cultiva- tion in those States. ' In 1790, 1 got a cask of heavy upland rice, from the river Den- bigh, in Africa, about lat. 9'^ 30' North, which I sent to Charles- ton, in hopes it might supersede the culture of the wet rice, which renders South Carolina and. Georgia so pestilential through the summer. It was divided, and a part sent to Georgia. I know not whether it has been attended to in South Carolina ; but it has spread in the upper parts of Georgia, so as to have become almost general, and is highly prized. Perhaps it may answer in Tennessee and Kentucky. The greatest service which can be rendered any country is, to add an useful plant to its culture ; especially, a bread grain ; next in value to bread is oil. Whether the act for the more general diflfusion of knowledge will ever be carried into complete eflFect, I know not. It was re- ceived by the legislature with great enthusiasm at first ; and a small effort was made in 1796, by the act to establish public schools, to carry a part of it into effect, viz., that for the estab- lishment of free English schools; but the option given to the courts has defeated the intention of i the act.* [Note H.] New York, October 13, 1789. Sir, In the selection of characters to .fill the important offices of Government, in the United States, I was naturally led to contem- plate the talents and dispositions which I knew you to possess and entertain for the service of your country ; and without being able to consult your inclination. Or to derive any knowledge of your intention from your letters, either to myself or to any other of [* It appears, from a blank space at the bottran of this paper, that a continua- tion bad been intended. Indeed, from the loose manner in which the above notes arc written, it may be inferred, that they were originally intended as memoranda only, to be used in some more permanent form.] APPENDIX. 177 yotir friends, I was determined, as well by motives of private re- gard, as a conviction of public propriety, to nominate you for the Department of State, which, under its present organization, in- volves many of the niost interesting objects of the Executive authority. But grateful as your acceptance' of this commission would be to me, I am, at the same time, desirous to accommodate your wishes, and I have, therefore, forborne to nominate your successor at the court of Versailles, until I should be informed of your determination. Being on the eve of a journey through the Eastern States, with a vi^ew to observe the situation of the country, and in a hope of perfectly re-establishing my health, which a series of indisposi- tions has much impaired, I have deemed it..pr6per to make this communication of your appointment, in order that you might lose no time, should it be yOur wish to visit Virginia during the recess pf Congress, which will probably b6 the most convenient season, both as it may respect your private coiicerris and the public service. Unwilling, as t am, to iiiterfere in the direction of your choice of assistants, I shall only take the liberty of observing to you, that from warm recommendations which I have received in be- half of Roger Alden, Esq., assistant Secretary to the late Congress, I have placed all the papers thereunto belonging, under his care. Those papefs which more properly appertain to the ofRce of Foreign Affairs, are under the superintendence of Mr. Jay, who has beeii so obliging as to continue his good offices, and they are in the inlmediate charge of Mr. Remsen. With sentiments of very great esteem and regard, I have the honor to be, sir. Your most obedient servant, Geokge Washington. The Honorable Thomas Jefferson. r take this occasion to acknowledge the receipt of your several favors, of the 4th and 5th of December of the last, and 10th of May of the present year,' and to thank you for the communica- tions therein. - G. W. VOL L 12 , 178 JEFFEESON'S WORKS. 1 Hew Tork, November 30, 1189. " Deah Sm, You will perceive by the enclosed letter, (which was left for you at the office of Foreign Affairs, when I made a journey to the Eastern States,) the motives on which I acted with regard to yourself, and the occasion of my explaining them at that early period. Having now reason to hope, from Mr. Trumbull's report, that you will be arrived at Norfolk before this time, (on which event I would most cordially congratulate- you,) and having a safe con- veyance by Mr. Griffin, I forward your commission to Virginia ; with a request to be made acquainted with your sentiments as soon as you shall find it convenient to communicate them to me. With sentiments of very great esteem and regaid, I am, dear sir, "^ Your most obedient humble servant, GrEORGE WASHINGTON. The Honorable Thomas Jefferson. BOOK 11. CORRESPONDENCE. PART I.— BEFORE -HIS MISSION TO EUROPE, 1773-1783. « II.— WHILE MINISTER TQ FRANCE, 1784-1790. « III— FROM HIS RETURN TO UNITED STATES TO HIS DEATH, 1790-1826." INTRODUCTORY TO BOOK 11. This division of fhe work includes all the Correspondenoe, ofiBeial and private, of Thomas Jefferson, from 1762 to his death in 1826, which possesses general interest or permanent public value. For thS purpose of easy reference, it has been classified as follows : Part I. — Letters written before his mission to Europe, — The letters included in this divi.-ion, consist principally of the private correspondence of the Author's youth, and his official letters while Governor of Virginia. Tke former are interest- ing mainly as illiislrating his character, his views, and his purposes in life. The latter, relating to the period of the invasion of Virginia, and the inilitary operations in the South, possess, no inconsiderable historical value. Part II. — Letters written while, in Europe.— ^The letters included in this divi- sion, relate principally to the objects of his mission to Europe — his efforts to extend the commercial relations of this country with the European nations — the history of particular treaties of commerces-piratical df-predations upon our commerce by the Barbary States^our Foreign Debt^-our relations generally with Europe— the rise and progress of the French Revolution through its early stages — bis views of the Confederation and the new Constitution — the political and social condition of Europe, shall either be identically or specifically returned ; should we prove successful, it is not improbable they may be where Congress would choose to keep them. I am, therefore, to solicit your Excellency's or- OOEEESPONDENOE. 281 der to the commandant of Fort Pitt, for the articles contained in the annexed Hst, whieh shall not he called for until every- thing is in readiness ; after which, there can he no danger of their being wanted for "the post at which they are : indeed, there are feW of the articles essential for the defence of the post. I hope your Excellency will think yourself justified -in lending us this aid, without awaiting the effect of an application elsewhere, as such a delay would render the undertaking abortive, by post- poning it to the breaking up of the ice in the lake. Independent of the favorable effects, which a successful enterprise against De- troit must produce to the United States, in general, by keeping in quiet the frontier of the northern ones, and leaving our western militia at liberty to aid those of the South, we think the like friendly office performed by ns to the States, whenever desired, and almost to the absolute exhausture of our own magazines, give well-founded hopes that we may be accommodated on this occa- sion. The supplies of military stores, which have been furnished by us to Fort Pitt itself, to the northern army, and, most of all, to the southern, are not altogether unknown to you. I am the more urgent for an immediate order, because Colonel Clarke awaits here your Excellency's answer by the express, though his pres- ence in the western country, to ma:ke preparations for the expe- dition, is so very necessary if you enable him to undertake it. To the abpv«, I must add a request to you. to send for us to Pitts- burg, persons proper to work the mortars, &c., as Colonel Ckrke has none such, nor is there one iix this State. They shall be in the pay of this State, from the time they leave you. Any money , necessary for theirjourney, shall be repaid at Pittsburg, without fail, by the first of March. At the desire of the General Assembly, I take the liberty of transmitting to you the enclosed resolution ; and have the honor to be, with the most perfect esteem and regard, your Excellency's most obedieiit, and most humble servant. 282 JEFFERSON'S WOEKS. TO HIS EXCELLENCY GENERAL WASHINGTON, Richmond, January 10, I'iSI. Sir, — It may seem odd, considering the important events which have taken place in this State within the course of ten days, that I should not have transmitted an account of them -to your Excellency ; but such has been their extraordinary rapidity, and such the unremitted attention they have required from all concerned in government, that I do not recollect the portion of time which I could have taken to commit them to paper. On the 31st of December, a letter, from a private gentleman to General Nelson, canie to my hands, notifying, that in the morn- ing of the preceding day, twenty-seven sail of vessels had entered the capes ; and from the tenor of the letter, we had reason to expect, within a few hours, further intelligence ; whether they were friends or foes, their 'force, and other circumstances. We immediately despatched' General Nelson to the lower country, with powers to call on the militia in that quarter, or act otherwise as exigencies should require ; but waited further intelligence, be- fore we would call for militia from the middle or upper country. No further intelligencie came until the 2d instant, when the former was confirmed ; it was ascertained they had advanced up James River in Wanasqueak bay. All arrangements were immediately taken, for calling in a sufficient body of militia for opposition In the night of the .3d, we received advice that they were, at anchor opposite Jamestown y. we then supposed Williamsburg to be their object. The wind, however, which had hitherto been unfavor- able, shifted fair, and the tide being also in their favor, they as- cended the river to Kehnons' that evening, and, with the next tide, came up to Westover, having, on their way, taken possession of some works we had at Hood's, by which two or three of their vessels received some damage, but which were of necessity abandoned by the small garrison of fifty m&a placed there, on the enemy's landing to invest the Works. Intelligence of their having quitted the station at Jamestown, from which we supposed they meant to land for Williamsburg, and of their having got in the OORKESP.ONDENGE. 283 evening to Kennons', reached us the next morning at five o'clock, and was the first indication of their meaning to penetrate towards this place or Petersburg. As the orders fi)r drawing militia here had been given but two days, no opposition was in readiness. Every effort :was therefore necessary, to withdraw the arms and other military stores, records, &c., from this place. Every effort was, .accordingly, exerted to convey them to the foundry five miles, and to a laboratory, six miles, above this place, till about sunset of that day, when we learned the enemy had come to an anchor at Westover that morning. We then knew .that this, and not Petersburg was their object, and began to carry across the river, everything remaining here, and to remove ^hat had been transported to the foundry and laboratory to Westham, the nearest crossing, seven miles above this place, which . operation was continued till they had approached very near. They marched from Westover at two o'clock in the afternoon of the 4th, and entered Richmond at one o'clock in the afternoon, of the 5th. A regiment of infantry and about thirty horse continued on, without halting, to the foimdry. They burnt that, the boring mill, the magazine and. two other houses, and 'proceeded to Westham; but nothing being in theij: power there, they retired to Richmond. The next morning, they burned some buildings of public and pri- vate property, with what stores remained in them, destroyed a . great quantity of private stores, and about twelve o'clock, retired .towards Westover, where they en<5amped within the lUeck the next day. The loss sustained is not yet accurately known. As far as I have been able to. discover, it, consisted, at this place, of about three hundred muskets, some soldiers' clothing to a small amount, ■ some quarter-niaster's stores, of which one hundred and twenty sides of leather was the principal article, part of the artificers' tools, and three wagons. Besides which, five brass four pounders which we had sunk in the river, were discovered to them, raised and carried off. At the foundry we lost this greater part of the papers belonging to the Auditor's office, and of the books and pa- pers of the Council office. About five or six tons. of powder, as 284 JEFFERSON'S WORKS. ■we conjecture, was thrown into the canal, of whicli there will be a considerable saving, by re-manufacturing it. The roof of the foundry was burned, but the. Stacks of chinuieys and furnaces not at all injured. The boring mill was consumed. Within less than forty-eight hours from the time of their landing, and nineteen from our knowing their destiriation, they had penetrated thirty- three mil_es, done the whole injury, and retired. Their numbers, from the best intelligence 1 have had, are about fifteen hundred infantry ; and, as to their cavalry, accounts vary from fifty to one hundred and twenty ; the whole commanded by the parricide Arnold. Our militia, dispersed over a large tract of country, can be called in but slowly. On the day the enemy advanced to this place, two hundred only were embodied. They were of this town and its neighborhood, and were too few to do anything. At this time they are assembled in pretty considerable numbers on the- south side of James River, but are not yet brought to a point. On the north side are two or three small bodies, amounting in the whole, to about nine hundred men. The enemy were at four o'clock yesterday evening still remaining in their encampment at Westover and Berkeley neck. In .the meanwhile, Baron Steu- ben, a zealous friend, has descended from the dignity of his proper command to direct our smallest movements; His vigilance has, in a great measure, supplied the want of force in preventing the enemy from crossing the river, which might have been very fatal. • He has been assiduously employed in preparing equip- ments for the militia as they should assemble, pointing them to a proper object, and other offices of a good commander. Should they loiter a little longer, and he be able to have a sufficient force, I still flatter myself they will not. escape with total im- punity. To what place they will point their next exertions we cannot even conjecture. The whole country on the tide waters and some distance from them is equally open to similar insult. I have the honor to be, with every sentiment of respect, your Excellency's most obedient, and most humble servant. OOEEESpONPENCE. 285 TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. Richmond, January 15, 1*781. Sir,: — As the dangers which threaten our western frontiers the ensuing spring, render ii necessary that we should send thither Colonel Crocket's battalion, at present on guard at Predericktown, but raised for the Western service,. I thought it necessary to give your Excellency previous information thereof, that other forces may be provided in time to succeed to their duties. Captain Reid's troop of horse, if necessary, may be continued a while longer .on guard. I have the hoiior to be, with the greatest respect, your Excel- lency's most obedient, and most humble servant. TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. •RiOHMOND, January 15, 1781. Sir, — :I received some time ago from Major Forsyth, and af- terwards from you, a requisition to furnish one half of the sup- plies of provision for the Convention troops, removed into Mary- land. I should sooner have done myself the honor of writing to you on this subject, but. that I hoped to have lg,id it before you more fully than could be done in writing, by a gentleman. who was to pass on other public business to Philadelphia. The late events in this State having retarded his setting out, I think it my duty no longer to postpone explanation on this head. You cannot be -unapprised of the powerful armies of our en- emy, at this tirne in this and the southern States, and that their future plan is to push their successes in the same quarter, by still larger reinforcements.. The forceg to be opposed to these must be proportionably great; and these forces must be fed. By whom are they to be fed ?. Georgia and South Carolina are annihilated, at least as to us. .'By the requisition to us tcj send provisions into Maryland, it is to bie supposed that none are to come to the south- 286' JElFFEESON'S "WOKKS. ern army from any State north of this ; for it would seem incon- ■ sistent, that while we should be sending North, Maryland and other States beyond -that, should be sending their provisions South. Upon North Carolina, then, already exhausted by the ravages of two armies, and on this State, are to depend for -sub- sistence those bodies of men who are to oppose the greater part of the enemy's, force in the United States, the subsistence of the German, and of half the British Conventioners. ' To take a view of this matter on the Continental requisitions of November the 4th, 1780, for specific quotas of provisions, it is observable that North Carolina, and Virginia are to furnish 10,475,740 pounds of animal food, and 13,529 be^rrels of flour, while the States north of these will yield 35,293,810 pounds of animal food, and 106,471 barrels of flour. If the greater part of the British armies be employed in the South, it is to be supposed that the greater part of the American force will be sent there to oppose them. But should this be the case, while the distribution' of the provisions is so very unequal, would it be proper to render it still more so, by withdrawing a part of our contributions to the support of posts northward of us ? .It would certainly be a great convenience to us, to deliver a portion of our specifics at Fredericktown, rather than in Caro- lina; but I leave it. to you to judge, whether this would be consistent with the general good or safety. Instead of send- ing aids of any kind to the northward, it seems but too certain that unless' very tiinely and. substantial assistance be receivea from thence, our enemies are yet far short of the ultimate term of their successes. I beg leave, therefore, to refer to you whether the specifics of Maryland, as far as shall be necessary, had not better be applied to the support of the posts within it, for which its quota is mt^ch more than sufficient, or, were it otherwise, whether those of the States north of Maryland had not "better be called on, than to detract anything from the resources of the southern opposition, already much too small for the encounter to which it is left. I am far from wishing to cotmt or measure our contributions by the requisitions of Congress. "Were they ever COKEESPONDENCE. 287 so rauch beyond these, I should readily- strain them in aid of any one of our ^ister States. But while they arq so far short of those calls to which they niust be pointed in the first instance, it would be grep,t misapplication tft divert them to any other purpose ; and I am persuaded you will think me perfectly within the line of duty, when I ask a revisaL of this requisition. I have the honor to-be, with the greatest respect, sir, Your most obedient, and most humble servant. TO HIS EXCELLENCY THE PRESIDENT OP COJIGEESS. Richmond, January 17, 1781. Sir, — ^I do myself the honor of transmitting' to your Excel- lency a resolution of the General Assembly of this Common- wealth, entered into in consequence of the resolution of Congress of September the 6th, 1780, oh the subject of the Con- federation. I shall be rendered very happy if the other States of the Union, equally impressed with the necessity of that im- portant convention, shall be willing to sacrifice equally to its com- pletion. This single event, could it take place shortly, would overweigh every ' success which the enemy have hitherto ob- tained, .and render desperate the hopes to which those successes have given birth. I have the honor to be, with the most real esteem and respect, your Excellency's most obedient, and most humble servant. TO THE VIRGINIA DELEGATES IN CONGRESS. J Richmond, January 18, 1781. Gentlemen, — ^I enclose you a Resolution- of Assembly, direct- ing your conduct as to the navigation of the Mississippi. The loss of powder lately -sustained by us (about five tons), together with the quantities sent on to the southward, have re- 288 JEFFERSON'S WORKS. duced our stock very low indeed. We lent to. Congress,' in: the course of the last year (previous to our issues for the southern Eirmy), about ten tons of, powder. I shall be obliged4o you, to procure an order from the board of war, for any quantity from five to ten tons, to be sent us immediately from Philadelphia or Baltimore, and to enquire into and hasten, from time to time, the execiition of it. The stock of cartridge-paper is,nearly ex- hausted. I do not know whether Captain Irish, or what other officer, should apply for this. It is essential that a good, stock should be forwarded, and without a moment's delay. If there be a rock on which we are to split, it is the want of muskets, bayonets and cartouch-boxes. The occurrences, since my la,st to the President, are not of any magnitude. Three little rencounters havfe happened with the enemy. In the first. General Smallwood led on a party of two or three hundred militia, and obliged some armed vessels of, the enemy to retire from a prize they had taken at Broadway's, and renewing his attack the next day with a four-pounder or -two (for on the first day he had only niuskets), he obliged some of' their, vessels to fall down from City Point to their main fleet at West- over. The enemy's loss is not known;. ours was four men wounded. One of the evenings, during their encampment at. Westover and Berkeley, their light horse surprised a party of about, one hundred or one hundred and fifty militia .at ' Charles City Court House, killed and wounded four, and took, as has been generally said, about seven or eight. On Baron Steuben's ap- proach towards Hood's, they ernbarked at Westover ; the wind which, till then, had set directly up the river from the time o^f their leaving Jamestown, shifted in the moment to the opposite point. Baron Steuben had not reached Hood's, by eight or ten miles, when they arrived" there. They landed their whole army in the night, Arnold attending in person. Captain Clarke (of Kaskaskias) had been sent on with two hundred and forty men by Baron Steuben, and having properly disposed of them in am- buscade, gave them a deliberate fire, which killed seventeen on the spot, and wounded thirteen. They returned it in confusion, OOERESPONDENOE. 289 by which "we had three or four wounded, and our party being so small and without bayonets, were obliged to retire, on the enemyjs charging with bayonets. They fell down to Cobham, ■vshence they carried all the tobacco there (about sixty hogs- heads) ; and the last intelligence was, that on the 16th, they were standing for New-ports-news. Baron Steuben is of opinion, they are proceedihg to fix a post in some of the lower counties. Later information has giv.en no reason to believe their force more considerable than we at first supposed. I think, since the arrival of- the three transports which had been separated in a storm, they may be considered as about two thousand strong. Their naval force, according to the best intelligence, is> the Charon, of forty'* four guns'. Commodore Symmonds, the Amphitrite, Iris, Thames, and Charlestown frigates, the Forvey, of twenty guns, two sloops of war, a privateer ship and two brigs. We have about thirty- seven hundred militia embodied, but at present they are divided into three distant encampments: one under General Weeden, at Fredericksburg, for the protection of the important works there ; another "under General Nelson, at and near Williamsburg ; and a third under Baron Steul3en, at Cabin Point. As sOon as the enemy fiy themselves, these will be brought to a point. ' I have the honor to be, with very great respect, gentlemen, your most obedient servant. To Richmond, January 21, 1T81. Sib, — Acquainted as you are with the treasons of Arnold, I need say nothing for your information, or to give you a proper senti- ment of them. You will readily suppose, that it is above all things desirable to drag him from those under whose wing he is now sheltered. On his march to and from this place, I am cer- i* This letter has no addresa, but it was probably to General Muhlenburg.] VOL. I. 19 290 JEFFERSON'S "W0KE:S. tain it might have been done with facility by men of enterprise and firmness. I thmk it may -still be done, though perhaps not quite so easily. Hiiving peculiar confidence in the men from the western side of the mountains, I meant, as soon as they should come down, to get the enterprise proposed to a chosen number of them : such whose courage and whose fidelity would be above all doubt. Your perfect knowledge of those men person- • ally, and my confidence in your discretion, induces me to ask you to pick from among them proper characters, in such numbers as you think best, to reveal to them our desire, and engage them to undertake to seize and bring off this greatest of all traitors. Whether this may be best affected by their going in as friends, a,nd awaiting their opportunity, or otherwise, is left to themselves. The smaller the number the better, so that they be sufficient to manage him. Every necessary caution must be used on their part, to prevent a discovery of their design by the enemy, as, should they be taken, the laws, of war will justify against them the most rigorous sentence. I will undertake, if they are suc- cessful in bringing him off alive, that they shall receive five thousand guineas reward among them. And to men, formed for such an enterprise, it must be a great incitement to know that their names will be recorded with glory in history, with those of Vanwert, Paulding, and Williams. The enclosed order from Baron Steuben will authorize you to call for and dispose of any force you may think necessary, to place in readiness for covering the enterprise and securing the retreat of the party. Mr. New- ton, the bearer of this, and to whom its contents are communi- cated in confidence, will provide men of trust to go as guides. These may be associated in the enterprise or not, as you please. But let that point be previously settled, that no difficulties may arise as to the parties entitled to participate of the reward. You know how necessary profound secrecy is in this business, even if it be not undertaken. OORRESPONDENOE. 291 TO HIS EXCELLENCY. GENEEAL WASHINGTON. itioHMOND, February 8, 1T81. SiE, — ^I have just received intelligence, which, though from a private hand, I believe is to lie relied on, that a fleet of the ene- my's, ships have entered Cape Fear rjver, that eight of them had got over the bar, and many others were laying oil ; and that it was supposed to be a reinforcement to Lord Cornwallis, under the command of General' Pre vost. This account, which had come through another channel, is confirmed by a letter from General Parsons at Halifax, to the gentleman who forwards it to me. i thought it of sufficient importance to be communi- cated to your Excellency by the stationed expresses. The fatal want of arms puts it out of our power to bring a greater force into the field, thaii will barely suffice to restrain the adventures of the pitiful body of men they have at Portsmouth. Should any more be added to them, this country will be perfectly open to them, by land as well as water. I havie the honor to be, with all possible respect, your Excel- lency's most obedient and most humble servant. TO HIS EXCELLENCY, GENERAL WASHINGTON. Richmond, February 12, 1T81. Sir, — The enclosed extract of a letter from Governor Nash,* which I received this day, being a confirmation of the intelli- gence I transmitted in a former letter, I take the liberty of trans- mitting 'it to your Excellency. I am informed, through a private cha,nnel on which I have considerable reliance, that the enemy had landed five hundred troops under the command of a Major Craig, who were joined by a number of disaflected ; that they had penetrated forty miles ; that their aim appeared to be the [* GoTernor of North Carolina.] 292 JEFFERSON'S WORKS. magazine at Kingston, from which place they were ahout twenty miles distant. , ■ ' ' Baron Steuben transmits to your Excellency a letter from Gen- eral Greene, by which you will learn the events which have taken place in that quarter since the defeat of Colonel Tarleton, by General Morgan. These events speak best for themselves, and no doubt will suggest what is necessary to be done to pre- vent the successive losses of State after State, to which the want of arms and of a regular soldiery, seem more especially to expose those in the ^South. I have the honor to he, with every sentiment of respect, your Excellency's most obedient and most humble servant. TO HIS EXCELLENCY GENERAL WASHINGTON. EiCHMOND, February 11, Hsi. Sjr, — By a letter from General Greene, dated Guilford Court House, February 10th, we are informed that Lord Cdrnwallis had burnt his own wagons, in order to enable himself to move with greater facility, and had pressed immediately on.* The [* General Greeoe, after taking command of the Southern army, divided Iiis force, and sent one division of it, under General Morgan, to the western part of South. Carolina. CornwalUs, who was now nearly prepared to invade North Carolina, un- willing to leave Morgan in his rear, sent Tarleton in pursuit of him. The two de- tachmenta met on the I'Tth of January, ItSl, when the battle of Cowpens was fought, and Tarleton defeated. Cornwallis, after the defeat of Tarleton, a:bandoned the invasion of North Carolina for the present, and started in pursuit of Morgan. Greene, suspecting . his intention, hastened to join Morgan, and, after a fatiguing march, effected a junction at Guilford Court Holise. During this inarrh he was closely pursued by Cornwallis, who, as slated in the above letter, ""burnt his own wagons in order to enable himself to move with greater facility." After this junc- tion at Guilford Court House, ^reene droescd the Dan, into Virginia — again narrowly escaping the pursuit of Cornwallis, who ijow retired to Hillsbi)rough, where, erect- ing the royal standard, he issued his procliimation, inviting the loyalists to join him, and sent Tarleton wilh a detachment to support a budy of them colleoted between the Havre and Deep Rivers. Greene, having despatched Generals Pickens and Lee to watch the movements of Tarleton, and having been leinforQed in Virginia, now GORBESPONDENOE. 293 prisoners taken at the Cowpens, were happily saved by the ac- cidental rise of a water-course, which gave so much time as to withdraw them froin the reach of the enemy. Lord Cornwallis had advanced to the vicinities of the Moravian towns, and was still movihg on rapidly. His object was supposed to he to com- pel General Greene to an action-^ which, under the diflference of force they hadj would probably be ruinous to the latter. Gen- eral Greene ihearit to retire by the way of Boyd's ferry, on the Roaiibke, As yet he had lost little or ho stores or baggage, but they were far from being safe. In the instant of receiving this intelligence, we ordered a reinforcement of militia to him, from the most convenieHft counties in which there was a'"hope of find- ing arty arms. , Some great event must arise from the present situation of things, which, for a long time, will determine the condition of southern affairs. Arnold lies close in , his quarters. Tivo days ago, I received information of the arrival of a sixty-four gun ship and two frig- ates in our bay, being part of the fleet of our good ally at Rhode Island. Could' they get at the British fleet here, they are suffi- cient to destroy" thern ; but these being drawn up into Elizabeth River, into which the sixty-four cannot enter, I apprehend they could do nothing ihore than block up the river. This, indeed^ would reduce the enemy,. as we could cut off their supplies by land ; but the operation being tedious, would probably be too dangerous for the auxiliary force. Not having yet had any par- ticular information of the designs of the- French Commander, I cannot pretend to say what measures this aid will lead to. Our propositiori, to th? Cherokee Chiefs, to visit Congress, for the purpose of preventiag.of delaying a rupture with that nation, was too late. Their distresses had too much ripened their alien- ation from us, and the. storm had .gathered to a head, when Major Martin got back. It was determined to carry the war into their country, rathe): than await it -in ours, and thus disagreeably cir- cumstanced, the issue has been successful. returned into Nortli Carolina, ani fought the battle of Gililford Court House on the 8th of March, 1781.— Ed.] • . 294 JEFPEESON'S WOKKS. The militia of t^is State and North Carolina penetrated, into their, country, burned almost every town they had, amounting to about one thousand houses in the whole, destroyed -fifty thousand bushels of grain, killed twenty-nine, and took seventeen prisoners. The latter are mostly women and children. I enclose your Excellency the particulars as reported to me; Congress will be pleased to determine on Col. Campbell's propo- sition to build the fort at the confluence- of the Holston and Ten- nessee. I have the honor to be, &c., your Excellency's most obedient humble servant^ P. S. Since writing the above, I have received information which, though not authentic, deserves attention : that Lord Com- wallis had got to Boyd's ferry on the 14th. I am issuing orders, in consequence, to other counties, to, embody and march all the men they can arm. In this fatal situation, without arms, there will be no safety for the Convention troops, but in their removal, which I shall accordingly order. The prisoners of the Cowpens were at New London (Bedford Court House) on the 14th. TO GENERAL GATES. EicHMOND, February 17, 1181. Dear General, — The situation of affairs here and in Carolina, is such as must phortly turn up important events, one way or the other. By letter from General Greene, dated Guilford Court House, February the 10th, I learn that Lord Cornwallis, rendered furious by the affair at the Cowpens and the surprise of George- town, had burned his own wagons, to enable himself to move with facility, had pressed on to the vicinity of the Moravian towns, and was still advancing. The prisoners, taken at the Cow- pens, were saved by a hair's-breadth accident, and Greene was retreating. His force, two thousand regulars, and no militia; C0EEE8P0NDEN0E. 295 Comwallis's, three thousand. General Davidson was killed in a skirmish. Arnold lies still at Portsmouth with •fifteen hundred men. A French sixty-four gun ship, and two frigates of thirty- six each, arrived in pur bay three days ago. They would suffice to' destroy the British shipping here (a forty four frigate, and a twenty,) could they get at them. But these are withdrawn up Elizabeth river, which the sixty-four caimot 'enter. We have ordered a,bout seven hundred riflemen from Washington, Mont- gomery and Bedford, and five hundred common militia from Pittsylvania and Henry, to reinforce General Greene ; and five hundred new levies will march from Chesterfield Court House, in a few days. I have no doubt, however, tthat the southwestern counties will have turned out in greater numbers before our orders reach them. I have been knocking at the door of Congress for aids of all kinds, but especially of arms, ever since the middle of summer. The speaker, Harrison, is gone to be heard on that subject. Justice,, indeed, requires that we should be aided powerfully. Yet if they would repay us the arms we have lent them, we should give the enemy trouble, though abandoned to ourselves. After repeated applications, I have obtained a warrant for your advance money, £18,000, which I have put into the hands of Mr. McAlister, to receive the money from the Treasurer, and carry it to you, I am, with very sincere esteenl, dear Sir, your friend and ser- vant. TO COLONEL CsAMPBEtL. EiOHMOHD, February 17,, 1781. Sib, — I have received your several favors by Mr. Sathim, and am much pleased at the happy issue of the expedition against the' Cherokees. I wish it to be used for the J)urpose of bringing about peace, which, under our present circumstances, is as neces- sary for us, as it can possibly be to them. 296 JEPFEESON'S WORKS. If you can effect this, a right should be reserved of building a fort at the confluence of Holston and Termessee ; a matter which we must refer to Oongress, as it lies not within our boun- dary. The prisoners you have taken had better be kept for the purpose of exchanging for any of ours taken by them. Should any surplus be on hand at the conclusion of peace, they should be given up. Nancy Ward seems rather to have taken refuge with you. In this case, her inclinatiou ought to be followed as to what is done with her. As by our laws, the pay of militia is made the same with that of the Continental troops, and that, by a resolution of Congress, is to be in the new money of March 18th, 1780, or in old money at forty for one, I apprehend you will be .paid at that rate. By a late arrangement, the Commissary is directed to have a deputy in every coimty. J hope that by their means the militia may henceforward be t)etter supplied with provisions when proceed- ing on an expedition. The fort at Powell's Valley you will please to proceed on. We approve of the company you have raised for patrolling against the Indians and garrisoning the fort. I am, with miich respect, sir, your most obedient servant. TO HIS EXCELLENCY GENEEAL WASHINGTON. Richmond, February 26, 1'?&1. Sir, — I gave you inforpiation in my last letter, that General. Greene had crossed the Dan, at Boyd's; ferry, and that Lord Cornwallis had arrived at the opposite shore. Large reinforce- ments of militia having embodied both in frotit and rear of the enemy, he is retreating with as much rapidity as he advanced ; his route is towards Hillsborough. General Greene re-crossed the Dan on the 21st, in pursuit of him. I have the pleasure to inform you, that the spirit of opposition was as universal as could have been wished for. There was no restraint on the numbers that embodied, but the want of arms. OORRESPONDENOE. 297 • The British at Portsmouth lie close in their lines. The French squadron keep them in by watet,' and. since their arrival, as they put it out of the power of the enemy to cut off our retreat by sending up Nansemond river, our force has been moved down close to their lines. I have the honor to be, with the greatest respect, Your most obedient and most humble servant. TO M. DE MAEBOIS.* Richmond, March 4th, 1781. SiK, — ^I have been honored with your letter of Feb. 5th. Mr. Jones did put into ihy hands a paper containing sundry in- quiries into the present state of Virginia, which he informed me was from yourself, and some of which I meant to do myself the honor of answering. Hitherto it has been in my power to collect a, few materials only, which my present occupations disable me from completing. I mean, however, shortly to be in a condition which will leave me quite at leisure to take them up, when it shall be one of my first undertakings to give you as full information as I shall be able to do on such of the subjects as are within the sphere of my ac- quaintance. On sonie of them, however, I trust Mr. Jones will engage abler haiids. Those in particular which relate to the commerce- of the State, a subject with which I am wholly unac- quainted, and which is probably the most important in your plan. TO His EXCELLENClr GENERAL WASHINGTON. BicHMOND,- March 8th, 1781. Sib, — I had the pleasure of receiving a letter from General. Greene, dated High-rock Ford, February 29th (probably March the [* M. de Marbois was attached to the French Legation in Philadelphia. — Ed.] 298 JEFFERSON'S WOEKS. 1st), who informs me, that on the night of the 24th Colonel McCall surprised a subaltern's guard at Hart's Mill, killed eight, and wounded and took nine prisoners, and. that on the 25th Gen- eral Pickens and Lieutenant Colonel Lee routed a body of near three hundred Tories on the Ha-v^ river, who were in arms to join the British army, killed upwards of one hundred, and wounded most of the rest, which had a very happy effect on the disaffected in that country. By a letter from Major MagUl, an officer of this State, whom I had sent to General Greene's head-quarters for the purpose of giving us regular intelligence, dated Guilford County, March 2d, Lam informed that Lord Cornwallis, on his retreat, erected the British standard at Hillsborough, that a nimaber of disaffected under the command of Colonel Piles were resorting to it, when they were intercepted by General Pickens and Lieutenant Col- onel Lee, as mentioned by General Greene, and that their com- manding officer was among the slain : that Lord Cornwallis, after destroying everything he could, nioved down the Haw river from Hillsborough : that General Greene was within six irules of him : that our superiority in the goodness, though not in the number of our cavalry, prevented the enemy from moving with rap- . idity or foraging. Having been "particular in desiring Major Magill to inform me what corps of militia, from this State joined Gen- eral Greene, he accordingly mentioned that seven hundred under General Stevens, and four hundred from Botetourt, had actually joined him ; that Colonel Campbell was to join him that day with six himdred, and that Colonel Lynch with three hundred from Bedford, was shortly expected: the last three numbers being riflemen. Besides these mentioned by lyiajor Magill, General Lawson must, before this, have crossed Roanoke with a body of militia, the niunber of which has not been stated to me. Re- port makes them a thousand ; but I suppose the number to be exaggerated. Four hundred of om: new levies left Chesterfield Court House on the 25th Febmary, and probably would cross the Roanoke about the 1st or 2d of March. I was honored with your Excellency's letter of February the OOKKESPON-DENOE. 299 21stj within seven days after its date. We have, accordingly, been making every preparation on our part which we are able to make. The militia proposed to co-operate, will be upwards of four thousand from this State, and one thousand or twelve hun- dred from Carolina, said to be under General Gregory. The en- emy are, at this time, in a great measure blockaded by land, there being a force on the east side of Elizabeth river. They suffer fpr provisions, as they are afraid to venture far, lest the French squadron should be in the neighborhood, and^ come upon them. Were it possible to block up the river, a little time would suffice to reduce them by want and desertions, and would be more sure in its event than an attempt by storm. I shall be very happy to have it in my power to hand you a favorable account of these two armies in the South. I have the honor to be, with the greatest esteem and respect, your Excellency's most obedient and tnost humble servant. TO HIS EXCELLENCY THE PKESIDENT OP CONGRESS. Richmond, March 19, 1781. , SiB,-r-I have the honor of enclosing to your Excellency a copy of a letter from General Greene, with some other intelligence re- ceived, not.ioiibting your anxiety to know the movements in the South. . I find we have deceived ourselves not a little by coimt- ing on the whole numbers of the militia which have been in mption,. as if they had all remained with General Greene, when, in fact, they seem only to have visited apd quitted him. The Marquis Fayette arrived at New York on the l5th. His troops still remained at the head of the bay, till the appearance of some force which should render their passage down safe. I have the honor to be, with sentiments of the highest esteem and respect, your Excellency's most obedient and most humble servant. 300 JEFFERSON'S WORKS. TO HIS EXCELLENCr THE PRESIDENT OF CONGRESS. Richmond March 21, 1781. Sir,— ^The enclosed letter will inform you of the arrival of a British fleet in the Chesapeake bay. The -extreme negligence of our stationed expresses is no doubt the cause why, as yet, no authentic account has reached us of a general action, which happened on the 15th instant, aliout a mile and a half from Guilford Court House, between General Greene and Lord Comwallis. Captain Singleton, an intelligent officer of Harrison's artillery, who was in the action, has this moment arrived here, and gives the general information that both parties were prepared and desirous for action ; the enemy were supposed about twenty-five hundred strong, our army about four thousand. That, after a very warm and general engeigement, of about an hour and* a half, we retreated about a- mile and a half .from the field, in good orderj having, as he supposed, between two a:nd three hundred killed and wounded: the enemy between five and seven hundred killed and wounded ; that we iost four pieces of artillery : that the militia, as well as regulars, behaved exceed- ingly well : that General Greene, he believes, would "have re- newed the action the next day, had it not proved 'i;ainy, and would renew it as soon as possible, as he supposes : that the ^rhole of his troops, both regulars and militia, were in high spirits and wishing a second engagement : that the loss has fallen pretty equally on the militia and regulars : that GeheraL Stevens received a ball through the thigh. Major Anderson, of Mary- land, wag killed, and Captain Barrett, of Washington's cavalry ;. Captain Fauntleroy, of the same cavalry, was shot through the thigh, an^ left on the field. Captain Singleton, having left the camp the day after the bat- tle, doe§ not speak from particular jeturns, none such having been then made. I must ijiiform your Excellency from him, till more regular applications can' reach you, that they are iu extreme want of lead, cartridge paper and thread.- I think it improper, however it might urge an iilstantaneous supply, to repeat to you CORRESPONDENCE. 30I his statement of the extent of their stock of these aiticles. In a former, letter, I, mentioned to you the failure of the vein of our lead mines,, which has left the army here in a state of equal dis- tress and danger. _ I have the honor to be, with very high respect and esteem, your Excellency's most obedient and most humble servant. P. S. Look-out boats have been ordered from the seaboard of the eastern shore, to apprise the Comrnander of the French fleet, on its approach, of the British being in the Chesapeake. TO HIS EXCELLENCY THE PRESIDENT OF CONGKESS. • In Council, .Richmond, March 26, \1Sl. SiK, — The appointment of commissioner to the war office of this State) having lately become vacant, the Executive are de- sirous to place, Colonel William Davies, of the Virginian Conti- nentals, in that office. This gentleman, , however, declines un- dertaking it; unless his rank in the army, half pay for life and allowance for depreciation of pay, can be reserved to him ; ob- serving, with justice, that these. eiUoluments, distant as they are, are important to a, person who h^is spent the most valuable part of his youth in the service of his country. As this indulgence rests in the power of Congress alone, I am induced to request it of theih on behalf of the State, to whom it is very interesting that the office be properly filled, and I may say, on behalf of the Continent also, to whom the same circ-umstance is interesting, in proportion to its reliance upon this State for supplies to the south- ern war. We should not haVe given pongress the trouble of this application, had we found it easy to call any other to' the office, who was likely to answer our wishes in the exercise of it. I have the honor to be, with sentiments of th6 highest respect, your Excellency's miost obedient and most humble servant. 302 -JEFFEESON'S "WOEKS. TO HIS EXCELLENCY THE PKESIDENT OF CONGBESS. EiOHMOND, March 28, I'ZSl. SiE,— ^I forward to your Excellency, under cover with this, copies of letters received from Major General Greene and Baron Steuben, which will give you the latest account of the situation of things with us and in North Carolina. I observe a late resolve of Congress, for furnishing a number of arms to the southern States ; and I lately wrote you on the subject of ammunition and caitridge paper. How much of this State, the enemy thus reinforced, may think proper to possess themselves of, inust depend on their own moderation and caution, till these supplies arrive. We had hoped to receive by the French squadron under Monsieur Destouches, eleven hundred stand of arms, which we had at Rhode Island, but were disap- pointed. The necessity of hurrying forward the troops intended for the southern operations, will be doubtless apparent from this letter. I have the honor to be, with the greatest respect, your Excel- lency's most obedient and most humble servEuit. TO HIS EXCELLENCY THE PBESIDENT OF CONGRESS. EiOHMOND, March 31, 1781. Sm,— ^The letters and papers accompanying this will inform your Excellency of the arrival of a British flag vessel with clothing, refreshments, money, «fcc., for their prisoners, .under the Convention of Saratoga. The gentlemen conducting them, have,' on supposition that the prisoners, or a peirt of them, still remained in this State, applied to me by letters, copies of which I transmit your ilxcellency, for leave to allow water transporta- tion as far as possible^ and then, for themselves to attend them tp the post where they are to be issued. These indulgences were usually granted them here, but the prisoners being removed, it OOERESPONDENOE. 303 * becomes necessary to transmit the application to Congress for their direction. In the meantime, the flag will wait in James river. Our intelligence from General Greene's camp as late as the 24th, is, that Lord Cornwallis's march of the day before had de- cided his' route to Cross creek. The amount of the reinforcements to the enemy, arrived at Portsmouth, is not yet known with certainty. Accounts differ from fifteen hundred to much larger numbers. We are informed they have a considerable number of horse. The affliction o.f the people for want of arms is great ; that of ammunition is not yet known to them. An apprehension is added, that the enterprise on Portsmouth being laid aside, the troops under the Marquis Fayette will not come on. An enemy three thousand strong, not a regular in the State, nor* arms to put in the hands of the militia, are, indeed, discouraging circumstances. I have the honor to be, with sentiments.of the highest respect, your Excellency's most obedient and most humble servant. TO HIS EXCELLENCY THE PRESIDENT OF CONGRESS. Richmond, April 7, 1'781. SiR,-^Hearing that our arms from Rhode Island have arrived at Philadelphia, I have begged the favor of our Delegates to send them on in wagons immediately, and, for the conveyance of my. letter, have taken the liberty of setting the Continental line of expresses in motion, which I hope our distress for arms will, justify, though the errand be not purely Continental. I have. nothing from General Greene later than the 27th of March ; our accounts from Portsmouth vary the reinforcements, which came under General Phillips, from twenty-five hundred to three thousand. Arnold's strength before, was, I think, re- duced to eleven hundred. They have made no movement- as yet. Their preparation of boats is considerable ; Whether they 304 JEFPEESQN'S "W0EK8. mean to go southwardly or up the river, no leading circumstance has yet decided. I have the honor to be, with the highest respect, your Excel- lency's most obedient and most humble servant. TO HIS EXCELLENCY THE PKESIDENT OP CONGRESS. In Council, April 18, 1781. Sir,— I was honored, yesterday with your. Excellency's favor enclosing the resolutions of Congress of the 8th instant, for re- moving stores and provisions from the counties of Accomack and Northampton. We have there no military stores, except a few muskets in the hands of the militia. There are some col- lections of forage and provisions belonging to the Continent, and some to the State, and the country there, generally, fin:- nishes an abundance' of forage. But such is the present con- dition of Chesapeake Bay "that- we cannot even get an advice boat across it with any certainty, much less adventure on trans- portation. Should, however, any interval happen, in which these articles may be withdrawn, we shall Certainly avail our- selves of it, and bring thence whatever we can. If I have been rightly informed, the horses • there are by no means such, as that the enemy could apply them to the purposes of cavajry. Some large enough for the draught may, perhaps, be found, but of these not many. I have the honor to be, with the greatest respect, your Excel- lency's most obedient and most humble servant. TO HIS EXCELLENCY GENERAL WASHINGTON. Richmond, April 23, 1781. Sir, — On the 18th instant, the enemy came from Portsmouth up James river, in considejrable force, though their numbers are CORRESPONDENCE. 305 not yet precisely known to us. They landed at Burwell's ferry, below Williamsburg, and also a short distance above the mouth of Chickahomony. This latter circumstance obliged Colonel Innis, who commanded a body of militia, stationed on that side the river to cover the country from depredation, to retire up- wards, lest he should be placed between their two bodies. One of these entered Williamsburg on the 20th, and the other pro- ceeded to a ship-yard we had on Chickahomony. What injury they did there, I am not yet informed. I take for granted, they have burned an unfinished twenty-gun ship we had there. Such of the stores,belonging to the yard as were movable, had been carried some miles higher up the river. Two small gallies also retired up the river. Whether by this, either the stores or gallies were saved, is yet unknown. I am just informed, from a private hand, that they left Williamsburg early yesterday morn- ing. If this sudden departure was not in consequence of some circumstance of alarm imknown to us, their expedition to Wil- liamsburg has been unaccountable. There were no public stores at that place, but those which were ijecessary for the daily sub- sistence of the men there. Where they mean to descend next, the event alone can determine. Besides harassing our militia with this kind of war, the taking them from their farms at the interesting season of planting their corn, will have an unfor- tunate efiect on the crop of the ensuing year. I have heard nothing certain of General Greene since the 6th instant, except that his head-quarters were on Little river on the 11th. I have the honor to be, with the highest respect and esteem, your Excellency's most obedient and most humble servant, TO HIS EXCELLENCY GENEKAL WASHINGTON. Richmond, May 9, l^Sl. SiK, — Since the last letter which I had the honor of address- ing to your Excellency, the military movements in this State, VOL. I. 20 S06 . JEFFEESOIT'S WORKS. except a very late one, have scarcely merited communica- tion. The enemy, after leaving Williamsburg, came directly up James river and landed at City Point, being the point of land on the southern point of the confluence of Appamattox and James rivers. They marched up to Petersburg, where they were received by, Baron Steuben, with a body of militia some- what under one thousand, who, though the enemy were two thousand and three hundred strong, disputed the ground very handsomely two hours, during which time the enemy gained only one. mile, and that by inches. Oui troops were then or- dered to retire over a bridge, which they did in perfectly good order. Our loss was between sixty and seventy, killed, wound- ed, and taken. The enemy's is unknown, but it must be equal to ours ; for their own honor they must confess this, as they broke twice and run like sheep, till supported by fresh troops. An inferiority in number obliged our force to withdraw about twelve miles upwards, till more militia should be assembled. The enemy burned all the tobacco in the warehouses at Peters- burg and its neighborhood. They afterwards proceeded to Os- borne's, where they did the same, and also destroyed the residue of the public armed vessels, and several of private property, and then came t-b Manchester, which is on the hill opposite this place. By this time. Major General Marquis Fayette having been advised of our danger, had, by forced marches, got here with his detachment of Continental troops ; and reinforcements of militia having also come in, the enemy, finding we were able to meet them on equal footing, thought proper to burn the warehouses and tobacco at Manchester, and retire to Warwick, where they did the same. Ill armed and untried militia, who riever before saw the face of an enemy, have, at times, during the course of this war, given occasions of exultation to our enemies, but they afforded us, while at Warwick, a little satisfaction in the same way. Six or eight hundred of their picked men of light in- fantry with General Arnold at their head, having crossed the river from Warwick, fled from a patrole of sixteen horse, every OOERESPONDENOE. 307 man into his boat as he could, some pushing North, some South, as their fears drove them. Their whole force then proceeded to the Hundred, heing the point of land within the confluence of the two rivers, embarked, and fell down the river. Their foremost vessels had got below Burwell's ferry on the 6th in- stant, when, on the arrival of a boat from Portsmouth, and a signal given, the whole crowded sail up the river again with a fair wind and tide, and came to anchor at Brandon ; there six days' provision was dealt out to every man ; they landed, and had orders to march an hour before day the next morning. We have not yet heard which way they went, or whether they have gone, but having, about the same time, received authentic infor- mation that Lord Comwallis had, on the 1st instant, advanced from Wilmington half way to Halifax, we have no doubt, put- ting all circumstances together, that these two armies are form- ing a junction. We are strengthening our hands with militia, as far as arms, either public or private, can be collected, but cannot arm a force which may face the combined armies of the enemy. It will, therefore, be of very great importance that General Wayne's forces be pressed on with the utmost despatch. Arms and a naval force, however, are what must ultimately save us. This movement of our enemies we consider as most perilous in its consequences. Our latest advices from Gelieral Greene were of the 26th ult., when he was lying before Camden, the works and garrison of which were much stronger than he had expected to find them. I have the honor to be, with great respect, your Excellency's most obedient humble servant^ TO THE VIRGINIA DELEGATES IN CONGRESS. In ConNcfiL, May 10, IMl. Gentlemen, — A small aflfaur has taken place . between the British commanding officer in this State, General Phillips, and 808 JEFFERSON'S WOEK.S. the Executive, of which, as he may endeavor to get rid of it through the medium of Congress, I think it necessary previously to apprise you. General Scott obtained permission from the Commandant at Charleston, for vessels with necessary supplies to go from hence to them, but instead of sending the original, sent only a copy of the permission taken by his brigade major. I applied to Gen- eral Phillips to supply this omission by furnishing a passport for the vessel. Having just before taken great offence at a threat of retaliation in the treatment of prisoners, he enclosed his an- swer to my letter under this address, " To Thomas Jefferson, Esq., American Governor of Yirginia." I paused on receiving the letter, and for some time would not open it ; however, when the miserable condition of our brethren in Charleston occurred to me, I could not determine that they should be left without the necessaries of life, while a punctilio should be discussing be- tween the British General and myself; and, knowing that I had an opportunity of returning the compliment to Mr. Phillips in a case perfectly corresponding, I opened the letter. Very shortly after, I received, as I expected, the permission of the board of war, for the British flag vessel then in Hampton Roads with clothing and refreshments, to proceed to Alexandria , I enclosed and addressed it, " To William Phillips, Esq., com- manding the British forces in the Commonwealth of Virginia." Personally knowing Phillips to be the proudest man of the proud-< est nation on earth, I well know he will not open this letter ; but having occasion, at the same time, to write to Captain Gerlach, the flag-master, I informed him that the Convention troops in this State should perish for want of necessaries, before any should be carried to them through this State, till General Phillips either swallowed this pill of retaliation, or made an apology for his rudeness. And in this, should the matter come ultimately to Congress, we hope for their support. He has the less right to insist on the expedition of his flag, be- cause his letter, instead of enclosing a passport to expedite ours, contained only an evasion of the application, by saying he had OORRESPONDENOB. 309 referred it to Sir Henry Clinton, and in the meantime, he has come up the river, and taken the vessel with her loading, which we had chartered and prepared to send to Charleston, and which wanted nothing but the passport to enable her to depart. I would further observe to you, that this gentleman's letters to the Baron Steuben first, and afterwards to the Marquis Fayette, have been in a style so intolerably insolent and haughty, that both" these gentlemen have been obliged to inform him, that if he thinks proper to address them again in the same spirit, all intercourse shall be discontinued. I am, with great respect and esteem. Gentlemen, Your most obedient servant. TO HIS EXCELLENCY GENERAL WASHINGTON. Charlottesville, May 28, IISI. Sir, — I make no doubt you will have heard, before this shall nave the honor of being presented to your Excellency, of the junction of Lord Cornwallis with the force at Petersburg under Arnold, who had succeeded to the , command on the death of Major-general Phillips. I am now advised that they have evacu- ated Petersburg, joined at Westover a reinforcement of two thousand men just arrived from New York, crossed James river, and on the 26th instant, were three miles advanced on their way towairds Richiriond ; at which place, Major-General the Marquis Fayette lay- with three thousand men, regulars and militia: these being the whole nimiber we could arm, until the arrival of the eleven hundred arms from Rhode Island, which are, about this time, at the place where our public stores are deposited. The whole force of the enemy within this State, from the best intel- ligence I have been able to get, is, I think, about seven thousand men, infantry and cavalry, including, also, the small garrison left at Portsmouth. A number of privateers, which are constantly ravaging the shores of our rivers, prevent us from receiving any 310 JEFFERSON'S 'WOUBLS. aid from the counties lying on navigable waters ; and powerful operations meditated against our western frontier, by a joint force of British and Indian savages, have, as your Excellency before knew, obliged us to embody between two and three thousand men in that quarter. Yomr Excellency will judge from this state of things, and from what you know of our country, what it may probably suffer during the present campaign. Should the enemy be able to produce no opportunity of annihilating the Marquis's army, a small proportion of their force may yet restrain his movements effectually while the greater part are employed, in detachment, to waste an unarmed country, and lead the minds of thp'people to acquiesce under those events which they see no human power prepared to ward off. We are too far removed from the other scenes of war to say. Whether the main force of the enemy be within this State. But I suppose they cannot anywhere spare so great an army for the. operations of the field. Were it possible for this circumstance to justify in your Excel- lency a determination to lend us your personal aid, it is evident, from the universal voice, th^t the presence of their beldved countryman, whose talents have so long been successfully em- ployed in establishing the freedom of kindred States, to whose person they have still flattered theinselves they retained sonie right, and have ever looked up, as their dernier resort in distress, would restore full confidence of salvation to our citizens, and would render them equal to whatever is not impossible. I can- not undertake to foresee and obviate the difficulties which lie in the way of such a resolution. The whole subject is before you, of which I see only detatched parts ; and your judgment will be formed on a view of the whole. Should the danger of this State and its consequence to the Union, be sUch, as to render it best for the whole that you should repair to its assistance, the difficulty would then be, how to keep men out of the field. I have undertaken to hint this matter to your Excellency, not only on my own sense of its importance to up, but at the solicitations of many members of weight in our legislature, which has not yet assembled to speak their own desires. OOKEESPONDENOE. 31I A few days will bring to me that relief which the constitution has prepared for those oppressed with the labors of my office, and, a long declared resolution of relinquishing it to abler hands, has prepared my way for retirement to a private station : still, as an individual, I should feel the comfortable eifects of yomr presence, and- have (what I thought could not have been) an ad- ditional motive for that gratitude, esteem, and respect, with which I have the honor to be, your Excellency's most obedient humble servant. TO THE MAEQUIS LA FAYETTE. MoNTicELLO, Aygu^4, 1'781. Sir, — I am much obliged by the trouble you took in forward- ing to me the letter of his Excellency, the President of Congress. It found me in Bedford, an hundred miles southward of this, where I was confined till within these few days, by an unfortu- nate fall from my horse. This has occasioned the delay of the answer which I now take the liberty of enclosing to you, as the confidential channel of conveyance, pointed out by the President. I thank you also for yo,ur kind sentiments and friendly offer on the occasion, which, that I cannot avail myself of, has given me more mortification than almost any occurrence of my life. I lose an opportunity, the only one I ever had, and perhaps ever shall have, of combining public service with private gratifica^ tion. Of seeing countries whose improvements in science, in arts, and in civilization, it has been my fortune to admire at a distance, but never to see, and at the same time of lending some aid to a cause, which has been handed on from its first organiza- tiorl to its present stage, by every effort of which my poor facul- ties were capable. These, however, hive not been such as to give satisfaction to some of my countrymen, and it has become necessary for me to remain in the State till a later period in the present year, than is consistent with an acceptance of what has 812 JEFFERSON'S WORKS. been offered me.* Declining higher objects, therefore, my only one must be to show that suggestion and fact are different things, and that pubhc misfortune may be produced as well by public poverty and private disobedience to the laws, as by the misconduct of public servants.! The independence of private life imder the protection of republican laws will, I hope, yield me the happi- ness from which no slave is so remote as the minister of a com- monwealth. From motives of private esteem as well as public gratitude, I shall pray it to be your lot in every line of life', as no one can with more truth subscribe himself with the highest regard and respect. Sir, your most obedient, and most humble servant. TO EDMUND RANDOLPH, ESQ,. MoNTiOKLLo, September 16, 1781. Dear Sir, — I have received your letter of the 7th instant. That, mentioned to have been sent by the preceding post, has not come to hand, nor two others, which Mrs. Randolpt^ informs me you wrote before you left Virginia, nor indeed any others, [* On the 15tli of June, 1781, Mr. Jefferson was appointed, with Mr. Adams, Dr. Franklin, Mr. Jay, and Mr. Laurens, Minister Plenipotentiary for negotiating peace, then expected to be effected through the mediation of the Empress of Russia — Ed.]- [f In 1781, the depredations of the enemy, and the pubUo and private losses which they occasioned, produced the ordinary efifect, of complaint against those who had charge of the public defence, and especially against Mr Jefferson (the Governor of Virginia). A popular clamor was excited against him, and, under the impulses of the moment. Mi'. George Nicholas, a member from Albermarle, moved hia impeach- ment. The charges were, 1. That he had not, as soon as advised by General' Washington of the meditated invasion, put the country in a state of preparation and defence ; 2. That during the invasion, he did not use the means of resistance wTiioh were at his command ; 3. That he too much consulted his personal safety, when Arnold first en- tered Richmond, by which others were dispirited and discouraged ; 4. That he iguo- miniously fled from Monticello to the neighboring mountain on Tarleton's approach to Charlottesville ; and 5. That he abandoned the office of Governor as soon as it became one of difficulty and danger. Mr. Jefferson has been long since acquitted of these charges by the .almost unani- mous voice of his countrymen. — Ed.] OOERESPONDENOE. 313 should you have been so kind as to have written any others. When I received the first letter from the President of Congress, enclosing their resolution, and mentioning the necessity of an ex- peditious departure, my determination to attend at the next session of the Assembly oflFered a ready and insuperable obstacle to my accepting of that appointment, and left me ui^der no necessity of deliberating with myself whether, that objection being removed, any other considerations might prevent my undertaking it. I find there are many, and must, therefore, decline it altogether. Were it possible for me to determine again to enter into public business, there is no appointment- whatever which would have been so agreeable to me. But I have taken my final leave of everything of that nature. I have retired to my farm, my family and. books, from which I think nothing will evermore separate me. A desire to leave public office, with a reputation not more blotted than it has deserved, will oblige me to emerge at the next session of our Assembly, and perhaps to accept of a seat in it. But as I go with a single object, I shall withdraw when that shaU be acconiplished. I should have thought that North Carolina, rescued from the hands of Britain, Georgia and almost the whole of South Carolina recovered, would have been sufficiently humili- ating to induce them to treat with us. If this will not do, I hope the stroke is now hanging over them which Avill satisfy them that their views of Southern conquests are likely to be as visionary as those of Northern. I think it impossible Lord Cornwallis should escape. Mrs. Randolph wiU be able to give you all the news on this subject, as soon as you shall be able to release her from others. I am, with much esteem, dear Sir, your friend and servant. TO GENEKAIi WASHINGTON. MoNTioELLO, October 28th, ItSl. SiK, — ^I hope it will not be unacceptable' to your Excellency w receive the congratulations of a private individual pn your re- 314 JEFFERSON'S WORKS. turn to your native country, and, above all things, on the import- ant success which has attended it.* Great as this has been, however, it can scarcely add to the affection with which we have looked up to you. And if, in the minds of any, the -motives of gratitude to our good allies were not sufficiently apparent, the part they have borne in this action must amply evince them. Notwithstanding the state of perpetual 'decrepitude to Which I am unfortunately reduced, I should certainly have done myself the honor of paying my respects to you personally ; but I appre- hend these visits, which are meant by us as marks of our attach- ment to you, must interfere with the regulations of a camp, and be particularly inconvenient to one whose time is too precious to be wasted in ceremony. I beg you to believe me among the sincerest of those who subscribe themselves, your Excellency's most obedient, and most humble servant. TO GENEEAL GATES Richmond, December I4tli, 1781. Deae Sib, — I have received your friendly letters of August 2d and November 15th, and some of the gentlemen to whom you wished them to be communicated not being here, I have taken the liberty of handing them to some others, so as to an- swer the spirit of your wish. It seems likely to end, as I ever expected it would, in a final acknowledgment that good disposi- tions and arrangements will not do without a certain degree of bravery and d,iscipline in those who are to carry them into exe- cution. This, the men whom you commanded, or the greater part of them at least, unfortunately wanted on that particular occasion. I have not a doubt but that, on a fair enquiry, the returning justice of your coimtrymen will remind them of Saratoga, and induce them to recognize your 'merits. My future plan of life [* The battle of Torktown.] COKEESPONDENOE. 315 scarcely admits a hope of my having the pleasure of seeing you at your seat ; yet I assuredly shall do it should it ever lie within my power, and am assured that Mrs. Jefferson will join me in sincere thanks for your kind ^ntiments and invitation, and in expressions of equal esteem for l^Jrs. Gates and yourself, and in a certain hope that, should any circumstance lead you within our reach, you will make us happy by your company at Monticello. We have no news to communicate. That the Assembly does little, does not come under that description. I am, with very sincere esteem, dear sir, youi friend and servant. TO JAMES MADISON. , MoNTioELio, March 24th, 1782. Dear Sm, — 1 have received from you two several favors, on the subject of the designs against the territorial rights of Vir- ginia.* I never before could comprehend on what principle our rights to the western country could be denied, which would not, at the same time, subvert the right of all the States to the whole of their territory. What objections may be, founded on the char- ter of New York, I cannot say, having never seen that charter, hor been able to get a copy of it in this country. I had thought to have seized the first leisure on my return from the last Assem- bly, to have considered and stated our rights, and to have com- municated to our delegates, or perhaps to the public, so much as I could trace, and expected to have derived some assistance from ancient MSS., which I have been able to collect. These, with my other papers and books, however, had been removed to Au- i* The title of Virginia to the Northwestern territory was controverted, as early as 1'7'79, .by'some of the other States, upon the ground that all lands, the title of which had originally been in the crown and had never been alienated, were the com- mon property o/ the Confederation, by right of conquest — the revolution having transferred the title from the British sovereign to the Confederation. This view was resrsted by Virginia in an able remonstrance to Congress in October, J779. The question,, however, never came to an issue ; for Virginia, moved by a patriotic im- pulse, and ready to sacrifice her individual interest to the general good, made a vol- untary cession of the whole territory to the Confederation.] 316 JEFFERSON'S WORKS. gusta to be out of danger from the enemy, and have not yet been brought back. The ground on which I now find the question to be bottomed is so unknown to me that it is out of my power to say anything on the subject. Should it be practicable for me to procure a copy of the charter of New York, I shall probably think on it, and would cheerfuUy communicate to you whatever could occur to me worth your notice. But this will probably be much too late to be of any service before Congress, who doubt- less will decide, ere long, on the subject. I sincerely wish their decision may tend tp the preservation of peace. If I am not totally deceived in the determination of this country, the decision of Congress, if unfavorable, will not close the question. I sup- pose some people on the western waters, who are ambitious to be Governors, &c., will urge a separation by authority of Congress. But the bulk of the people westward are aheady thrown into great ferment by the report of what is proposed, to which I think they will not submit. This separation is unacceptable to us in form only, and not in substance. On the contrary, I may safely say it is desired by the. eastern part of our coimtry whenever their western brethren shall think therriselves able to stand alone. In the meantime, on the petition of the- western counties, a plan is digesting for rendering their access to government more easy. I trouble you with the enclosed to Mons. Marbois. I had the pleasure of hearing that your father and family were all well yesterday, by your brother, who is about to study the law in my neighborhood. I shall always be glad ta hear from you, and, if it be possible for me, retired from public business, to find anything worth your notice, I shall communicate it with great pleasure. I am with sincere esteem, dear Sii', your friend and servant. JAMES MONBOE TO THOMAS JEFFERSON. Richmond, 11th of May, IT 8 2. ' Dear Sie, — As I so lately wrote you by Mr. Short, and have since daily, expected to see you here, I did not propose writing OOREESPONDENCE. 317 t9 you till after I^ should have that pleasure ; but as I begin to fear you will not abate, that firmness and decision which you have frequently shown in the service of your country, even upon this occasipn, and as I have had an opportunity since I last wrote of being better informed of the sentiments of those whom I know you put the greatest value on, I think it my duty to make you acquainted therewith. It is publicly said here, that the peo- ple of your country informed you that they had frequently elected you in times of less difficulty and danger than the present to please you ; but that now they had called you forth into public office to serve themselves. This is a language which has been often used in my presence ; and you will readily conceive that, as it furnishes those who argue on the fundamental maxims of a Republican government with ample field for declamation, the conclusion has always been, that you should not decline the service of your country. The present is generally conceived to be an important era, which, of course, makes your attendance particularly necessary. And as I have taken the liberty to give- you the public opinion and desire upon this occasion, and as I am warmly interested in whatever concerns the public interest or has j-elation to you, it will be necessary to add, it is earnestly the desire of, dear Sir, Your sincere friend and obedient servant. TO COLONEL JAMES MONBOE. MoNTiOELLO, May 20 Ih, 1782. Dear Sir, — -I have been gratified with your two favors of the 6th and 11th inst. It gives me pleasure that your county has been wise enough to enlist your talent into their service. I am much obliged by the kind wishes you express of seeing me also in Richmond, and am always mortified when anything is ex- pected from me which I cannot fulfill, and more especially if it relate to the public service. Before I ventured to declare to my 818 JEFFEESON'S WOBKS. countrymen my detennination to retire from public employment, I examined well my heart to know whether it were thoroughly cured of every principle of political ambition, whether no lurk- ing particle remained which might leave me imeasy, when re- duced within the limits of mere private life. I became satisfied that every fibre of that passion was thoroughly eradicated. I examined also, in other views', my right to withdraw. I consid- ered that I had been thirteen years engaged in public service — that, during that time, I had so totally abandoned all attention to my private aifairs as to permit them to run into great disorder and ruin — that I had now a family advanced' to years which require my attention and instruction — that, to these, was added the hopeful offspring of a deceased friend, whose memory must be forever dear to me, and who have no other reliance for being Ten- dered useful to themselves or their country — that'by a constant sac- rifice of time, labor, parental and friendly duties, I had, so far from gaining the affection of my countrymen, which was the only reward I ever asked or could have felt, even lost the small estimation I had before possessed. That, however I might have comforted myself under the dis- approbation of the well-meaning but uninformed people, yet, that of their representatives was a shock on which I had not calcu- lated. That this, indeed, had been followed by an exculpatory declaration. But, in the meantime, I had been suspected in the eyes of the world, without the least hint then or afterwards being made public, which might restrain them from supposing that I stood arraigned for treason of the heart, and not merely 'weakness of the mind ; and I felt that these injuries, for such they have been since acknowledged, had inflicted a wound on my spirit which will only be cured by the all-healing grave. If, reason and inclination unite in justifying my retirement, the laws of my country are equally in favor of it. Whether the State may command the political services of all its members to an in- definite extent, or, if these be among the rights never wholly ceded to the public power, is a question which I do not find ex- pressly decided in England. Obiter dictums on the subject I have OORKESPONDENOE. 319 indeed met with, but the complexion of the times in which these have dropped would generally answer them. Besides that, this species of authority is not acknowledged in our possession. In this country, however, since the present government has been established, the point has been settled by uniform, pointed and multiplied precedents. Offices of every kind, and given by every power, have been daily and hourly declined and resigned from the Declaration of Independence to this moment. The General Assembly has accepted these without discrimination of office, and without ever questioning them in point of right. If the difference between the office of a delegate and any other could ever have been supposed, yet in the case of Mr. Thompson Mason, who declined the office of delegate, and was permitted so to do by the House, that supposition has been proved to be groundless. But, indeed, no such distinction of offices can be admitted. Reason, and the opinions of the lawyers, putting all on a footing as to this question, arid so giving to the delegate the aid of all the precedents of the refusal of other offices. The law then does not warrant the assumption of such a power by the State over its members. For if it does, where is that law ? nor yet does reason. For though I will admit that this does subject every individual, if called on, to an equal tour of political duty, yet it can never go so far as to submit to it his whole ex- istence. If we are made in some degree for others, yet, in a greater, are we made for ourselves. It were contrary to feeling, and indeed ridiculous to suppose that a man had less rights in himself than one of his neighbors, or indeed all of them put to- gether. ^ This would be slavery, and not that liberty which the bill of rights has made inviolable, and for the preservation of which our government has been charged. Nothing could so completely divest us of that liberty as the establishment of the opinion, that the State has a perpetual right to the services of all its members. This, to men of certain ways of thinking, would be to annihilate the blessings of existence, and to contradict the Giver of life, who gave it for happiness and not for wretch- edness. And certainly, to such it were better that they had 820 JEFFERSON'S "WOEKS. never been bom. However, with these, I may think public service and private misery inseparably linked together, I have not the vanity to count myself among those whom the State would think worth oppressing with perpetual service. I have received a sufficient memento to the contrary. I am persuaded that, having hitherto dedicated to them the whole of the active and useful part of my life, I shall be permitted to pass the rest in mental quiet. I hope, too, that I did not mistake modes any more than the matter of right when I preferred a simple act of renunciation, to the taking sanctuary under those disqualifica- tions (provided by the law for other purposes indeed but) atford- ing asylum also for rest to the wearied. I dare say you did not expect by the few words you dropped on the right of renunciation to expose yourself to the fatigue of so long a letter, but I wished you to see that, if I had done wrong, I had been betrayed by a semblance of right at least. I take the liberty of enclosing to you a letter for General Chattellux, for which you will readily find means of conveyance. But I mean to give you more trou- ble with the one to Pelham, who lives in the neighborhood of Manchester, and to ask the favor of you to send it by your serv- ant — express — which I am in hopes may te done without ab- senting him from your person, but during those hours in which you will be engaged in the house. I am anxious that it should be received immediately. ****** jt -^viji give me great pleasure to see you here whenever you can favor us with your company. You will find me still busy, but in lighter occu- pations. But in these and all others you will find me to retain a due sense of your friendship, and to be, with sincere esteem, dear Sir, Your most obedient and most humble servant. TO ROBERT R. LIVINGSTON. Cbesteefiei.d, November 26, 1782. Sir, — 1 received yesterday the letter, with which you have been pleased to honor me, enclosing the resolution of Congress ' OQERESPONDEKCE. 32I of the. I2tk instant, renewing my appointment as one of their iftinisters plenipotentiary ■ for negotiating: a peace — and beg leave, through you, to return my sincere thanks to that august body, for the confidence they are pleased to repose in me, and to tejider the same to yourself for . the obliging manner in ■vf'hich you have- notified it.* I will employ in this ardu- ous charge, with diligence and integrity, the best, of .my poor talents, which j am conscious are far short of what it requires. This, I lippe,- will ensure to me from. Congress a kind construc- tion of all my transactions,. ' And it gives me no small pleasure, : that, my communications will pass Jhrough the hands of a gen- tleman with whom I have acted in the earlier stages of this contest, and whose' caiidor and discernment I had the good for- tune thento apprcfye and esteem. Your letter finds me at a dis- tance from home, attending my family under inoculation. This will add to the delay which ,the arrangements of my particular affairs would necessarily occasion. I shall lose no moment, how- ever, in preparirig for my departure, and shall hope to pay my respects to Congress and yditrself at sometime between the 2pth and the last of December. ■ I have the honor to be, with very great esteem and respect', dear Sir, your most obedient and most humble servant. TO THE CHEVAIfiEB DE CHATTELtUX. AMtHiLL, November 26, 1'782. Deab Sih,— I received yo|ur friendly letters of — and June [* Mr. Jefferson's reasoBS for now aooepting this appointpient, wliioh he had pre- vipusly declined, arc thus explained by Jiina^elf :— ;" I had, about t-wo months before, lost the cherished companion of iny life [his wife], in whose, affection, unabated on botli ^ides, I had lived the last ten years in uncheqnered happiness." On the 19th of December,, 1782, he left Montieello for Philadelphia, where he intended to embark for Europe ; but the French Minister Luzerne, offering, him^a passage in the French frigate Romulus, then lying below Baltimore, he aceepted.'the offer. The sailing of this frigate being delayed by ice, and a British fleet on the coast, information, in the meantime, reached America that ar provisional. treaty of peace had been sighed by the Ajnerican Commissioners, to become absolute on the conclusion of peace between Fo^ce and England- On the arrival of this information, Mr. Jefferson was released from Ilia misbion,,and returned' to his home in Virginia on the 15th May, 1783. — Ed.] VOL- I. 21 822 JEFFERSON'S WOKKS. 30th, hut the latter not till the 17th of Octoher. It found me a little emerging from the stupor of mind which had rendered me as dead to the world as was she whose loss occasioned it,* Your letter recalled to my memory that there were persons still living of much value to me. If you should have thought me remiss in not testifying to you sooner, how deeply I had heen, impressed with your worth in the little time I had the happiness of being with you, you will, I am sure, ascribe it to its triie cause, the state of dreadful suspense in w;hich I have been kept all the summer, and the catastrophe which closed it. . ■ Before that event, my scheme of life had beeii determined. I had folded myself in the arms .of retirement, and -rested, all prospects of future happiness on domestic and literary objects. A single event wiped away all my plans, and left me a blank which I had not the spirits to fill up. In this state of niind an appointment from Congress found me, requiring me to cross the Atlantic. ' Arid, that temptation might be added to duty, I was informed, at the same time, from his Excellency the Chevaher de Luzerne, that a vessel of force would be sailing about the mid- dle of December in which you would be passing to France. I accepted the appointment, and my only object now is, to so has- ten over those obstacles which would retard my departure, as to be ready to join you in your voyage-;-fondly measuring your affection by my own, and presuming your consent. It is not certain that I can, by any exertion, be in Philadelphia by the middle of December — the contrary is most probable. But hop- ing it will not be much later, and counting on those procrastina- tions which usually attend the departure of vessels of size, I have hopes of being with you in time. This will give me full leisure to learn the result of your observations on the natural bridge, to communicate to you my answers to. the enquiries of Monsieur de Marbois, to receive edification from you on these and other subjects of science ; considering chess,- too, as a mat- ter of science. Should I be able to get out in tolerable time, [* The death of Mi'S. Jefferson.] CORRESPONDENCE. 323 and any extraordinary delays attend the sailing of the vessel, I shall certainly do myself the honor of waiting on his Excellency the Count de Rochambeau, at his head-quarters, and assuring him in person of my high respect and esteem for him — an object of ■which 1 have never lost sight. To yourself, I am unable to express the warmth of those sentiments of friendship and at- tachment with which I have the honour to be, dear Sir, Your most obedient and most humble servant. TO MB. STEPTOE. ■ November 26, 1'7S2. Deab Sir, — I received in August your favor, wherein you give me hopes of being able to procure fSr me spme of the big bones. I should be unfaithful to my own feeling, were I not to express to you how much I am obliged by your attention to the requests I made you on that subject. A, specimen, of each of the several species of bones now to be foimd, is to me the most desirable objects in natural history. And there is no expense of package or of safe transportation which I will not gladly re- imburse, to procure them saf61y. Elk horns of very extraor- dinary, size, or anything else uncommon, would be very accepta- ble. You will hear of my going to Europe, but my trip there will be short. I mention this, lest you should hesitate forward- ing any curiosities to' me. New London in Bedford, Staunton in Augusta, or Frederick County, are places from whence I can surely get them. Any observations of your own on the subject of the big bones or their history, or on anything else in the western country, will come acceptably to me, because I know you see the works of nature in the great and not mierely in. de- tail. Descriptions of animals, vegetables, minerals, or other curi- ous things ;> notes as to the Indians' information of the country between the Mississippi and waters of the South Sea, &c., &c., will strike your mind as worthy being communicated. I wish you had more time to- pay attention to them. I perceive by your letter, you are not unapprized that your services to your 324 JEI-FEESON'S WORKS. country hare not made due impression on every mind. That you have enemies, you must not doubt, when you reflect that you have made yourself eminent. If yoU meant to escape malice, you should have confined yourself within the' sleepy line of regular duty. When you transgressed this, and enterprised deeds which wiU hand down your name with honor to future times, you made yourself a mark for envy and malice, to shoot at. Of these there is enough, you know, both in and out of office. I was not a little surprised, however, to fiiid one person hostile to you, as far as he has personal courage to show hostility to any man. Who he is, you will probably have heard, or may know him by thi^ description — as being all tongue without either head or heart. In the variety of his crooked schemes, however, his interest may probably veer about, so as to put it iii your power to be useful to him. In which case, he certainly will be your friend again, if you Vant him. That you may long con- tinue a fit object for hip enmity, and for that of every person of his complexion in the State, which I know can only be by your continuing to do good to your country and to acquire honor to yourself, is the earnest prayer of one who subscribes himself, with great truth and sincerity, dear Sir, Your friend and servant. TO JAXCES MADISON^ Amphill, in CHEstERFiKLi>, November 26th, 1T82. Dear StH, — ^Your favor by Colonel Basset is not yet come to hand. The iutiiiiation through the attorney, I received the day before Colonel Bland's arrival, by whom I am honored with yours of the 14th inst. It finds me at this pldce attending my family under inoculation. This will of course retard those ar- rangements of my domestic affairs, which will of themselves take time and cannot be made but at home. I shall lose no time, however, in pref)aring for my departure. And from the calciila- tion I am at present enabled to mak6, I suppose I cannot be in OOERESPONDENOE. 325 Philadelphia before the 20th of December, and that possibly it may be the last of that month. Some days I must certainly pass there, as I could not propose to jump into the midst of a negotia- tion without a single article of previous information. From these data, you will be enabled to judge of the chance of availing my- self of his Excellency, the Chevalier de Luzerne's, kind offers, to whom I beg you to present my thanks for his friendly attention, and let him know I shall use my best endeavors to be in time for the departure of his frigate. No circumstances of a private na- ture could induce me to hasten over the several obstacles to my departure more unremitting than the hope of having the Chevalier de Chattellux as a companion in my voyage. A previous ac- quaintance with his worth and abilities, had impressed me with an affection for him which, under the then prospect of never seeing him again, was perhaps imprudent. I ain with very sincere esteem, dear Sir, your very affectionate friend, and humble servant. TO GEORGE WASHINGTON. PnitADELPHiA, January 22d, 1783, SiH, — Having lately received a call from Congress to pass the Atlantic in the character of their minister for negotiating peace, I cannot leave the continent without separating myself for a moment from the general gratitude of my country, to offer my individual tribute to your ExceUeiicy for all you have suffered and all you haVe effected for us. Were I to indulge myself in those warm effusions which this subject forever prompts, they would wear an appearance of adulation very foreign to my nature ; for such is become the prostitution of language that sincerity has no longer distinct terms in which to express her own truths. Should you give me occasion, during the short mission on which I go, to render you any service beyond the water, I shall, for a proof of my gratitude, appeal from language to the zeal with which I shall embrace it; The negotiations to 326 JEFFEESON'S WOEKS. which I am joined may perhaps be protracted beyond our present expectations, in which case, though I know you must receive much better intelhgence from the gentlemen whose residence there has brought them into a more intimate acquaintance with the characters and views of the European courts, yet I shall certainly presume to add my mite, should it only sferve to con- vince you of the warmth of those sentiments of respect and esteem with which I have the honor to be, your Excellency's most obedient, and most humble servant. TO THE CHEVALIEE DE LA LUZEKNE, MINISTEK OF FBANCE. Baltimore, February "/th, 1783. SiK, — The Chevalier de Ville Brun was so kind as to commu- nicate to me yesterday your Excellency's letter to him of Jan- uary, together with the intelligence therein referred to. I feel myself bound to return you my thanks, for your orders to the Guadeloupe frigate to receive me, if I should think a passage should be hazarded under present circumstances. According to this information (which is the most worthy of credit of any we have received here), it would seem that our capture would be xm- avoidable were we to go out now. This, therefore, is a risk to which I cannot think of exposing his Majesty's vessel and sub- jects; however I might be disposed to encounter personal haz- zards, from my anxiety to execute, with all the promptitude in my power, a service which has been assigned to me. I shall therefore wait with patience the arrival ol the moment when the Chevalier de Ville Brun shall be of opinion that the one or the other of the vessels may venture out without any greater risk than he shall think proportioned to her proper .object, indepen- dently of mine. It has been suggested to me this evening, that perhaps their safe departure might be greatly forwarded by their falling down to York, or Hampton, there to be ready at a mo- ment's warning, to avail themselves of those favorable circum- stances which the present season sometimes offers. OOEEESPONDENOE. 327 . ^ But of thiS) yourself will be the proper judge. I cannot close my letter without' expressing to you my obligations to the Chevalier de Ville Brun for the particular attention he. has shown to my accommodation on board his ship. The apartments he has had constructed for me are ample and commodious, and his politeness and deportment as an oiRcer are an agreeable presage of every- thing that shall depend on him. I have delivered to him the two large packets you were pleased to put into my hands, and h6 will dispose of them according to your orders. -I have the honor to be, with the highest' sentiments of iesteem, your Excellency's most obedient, and most humble servant. TO KOBEKT B. LIVINGSTON, SECBETAET FOB FOBEIGN AFFAIBS. Baltimore, February 1, 1*783. Sib,— I arrived here on the 30th of the last month, and had a short interview the same evening with the Chevalier de Ville Brun, commander of the RamUies. There appeared at that time little apprehension but that we might sail in a few days, but we were not very particular in our conference, as we expected to see each other again. The severity of the cold, however, which commenced that night, obliged the Chevalier de Ville Brun to fall twelve miles below this place, arid excluded all correspon- dence with him till yesterday, when I found means to get through the ice on board his ship. He then communicated to me, by direction of his Excellency, the minister of France, intelligence as to the number and force of the cruisers now actually watching the capes of the Chesapeake. I must acknowledge that the ap- pearances are such as to render a capture certain were we to hazard it. The minister was pleased at the same time to submit the Guadeloupe to my wishes, if I chose to adventure. I take the liberty of troubling you with a copy of my letter to him on that subject. I should certainly be disposed to run very con- siderable risks myself to effect my passage ; but should think it an unfortunate introduction to an ally, who has already done so 328 JEFFEKSON'S WORKS. much for us, were I to add to his losses and disbursements that of a valuable ship and crew. I wish that the present delay- offered some period less distant than the lassitude of-an avaricious enemy to watch for prey. Perhaps you may be able to put me on some more expeditious mode of passage than the one under which I am acquiescing at present. I shall be much pleased to adopt any such which may come recommended from you, with- out regard to personal risk or trouble. In the meantime, any in- telligence which you can collect and will be pleased to give me as to the state of our coast, will "be of utility in determining whether and when we shall depart hence. I have the honor to be With very great esteem and respect, Sir, • year most obedient and most humble servant. P. S. Your letter of the 31st ultimo came safely to hand V th the packet to Mr. Adams accompanying it. GEORGE WASHINGTON TO THE HONO:EIABLE THOMAS JEFFERSON. Newburgh, 10th February, HSS. Dear Sir, — I have been honored with your favor of 22d of January from Philadelphia. I feel myself much flattered by. your kind remembrance of me in the hour of your departure from this continent, for the favorable sentiments you are pleased to entertain of my services for this our common country. To merit the approbation of good and virtuous men is the height of my ambition, and will be a full compensation for all my toils and sufferings in the long and painful contest in which we have been engaged. It gave me great pleasure to hear that the call upon you from Congress to pass the Atlantic in the character of one of their ministers for negotiating peace had been repeated ; but I hope you will have found the business already done. The speech of his Britannic Majesty is strongly indicative of the olive branch j and yet, as he observes, unforseen events may place it OOKRESPONDENOE. 329 put of reach. At present, the prospect of peace absorbs, or seems to do so, every other consideration among us ; and would, it is to be feared, leave us in a very unprepared state to continue the war, if the negotiations at Paris shoiild terminate otherwise than in a general pacification. But I will hope that it is the dearth of other news that fills the mouths of every person with peace, while their minds are employepl in contemplating on the means of prosecuting the war, if necessity should drive us to it. You will please to accept my grateful thanks for your obliging ofier of services during your stay in France. To hear from you frequently will be an honor and very great satisfaction to, dear Sir, your most obedient, and most hxmible servant. KOBEBT E. LIVINGSTON TO THOMAS JEFFEKSON. Philadelphia, 14tli February, lYSS. Sir, — ^I have delayed in answering your favor of the 7th instant until I could obtain the sense of Congress on the matter it contains. I conceive it hardly possible, while the British cruisers retain their present station, for you to elude their vigilance in either of the ships ofiiered to your choice. This, concurring w;ith the late advices from England, has induced Congress to pass the enclosed resolution.* We have reason to conjecture that peace is aheady concluded ; whether it is or not, a few days will determine. I transniit the speech- of his Britannic Majesty, which, with what you aheady know of the state of our negotiations, will enable you to form your opinion on the same * Br THE UNITED STATES IN CONGRESS ASSEMBLED ; JFebruary 14, 1783. The committee conBisting of Mr. Jones, Mr. Eutledge, and Mr. Wilson, to wHonk was referred a letter of the Tth from the Honorable Thomas Jefferson, reported thereon, whereupon on motion of Mr. Gorham, seconded by Mr. Wolcott, ordered : That the Secretary for Foreign Affairs Inform Mr. Jefferson, that it is the pleasure of Congress, considering the advices lately received in America and the probable situation of affairs in Europe, that he do not proceed on his intended voyage until he shall receive their further instructions. Charles Thompson, (copied) Secretary. 330 JEFFERSON'S WORKS.- ground that we do. I have the honor to be, Sir, with great respect and esteem, your most obedient, and most humble servant. TO K. B. LIVINGSTON. , Baltimoee, February 14, 1783. Sir, — I apprised you in my former letter of the causes which had so long delayed my departure. These still continue. I have this moment received a printed copy of his British Majesty's speech to his Parliament, by which we learn that the prelimina- ries between Great Britain and America, among which is one for the acknowledgment of our independence, have been provisionally agreed to on his part. That the negotiations with the other pow- ers at war were considerably advanced, and that he hoped, in a very short time, they woidd end in terms of pacification. As considerable progress has been made in the negotiations for peace since the appointment with which Congress were pleased to honor me, it may have become doubtful whether any commu- nications I could naake or any assistance I could yield to the very able^ gentlemen in whose hands the business already is, would compensate the expense of prosecuting my Voyage to Europe. I therefore beg leave through you. Sir, to assure Congress that I desire this question to be as open to them now as it was on the day of my appointment, and that I have not a wish either to go or to stay. They will be pleased to weigh the economy of the one measure against the chance which the other may offer of my arriving in such time as that any communications which have been confided to me may produce effect on definitive articles. I shall continue here for the prosecution of my voyage, under the orders before received, or for its discontinuance, should that be more eligible to Congress, and be signified at any moment before my departure. I have the honor to be, &c. OOEEESPONDENOE. 33I ROBEET K. LIVINGSTON TO THOMAS JEFFEESON. Philadelphia, February 18, I'iSS. Sib, — I was yesterday honored with your favor of the 14th, which I shall lay before Congress this morning. As you have by this time received their resolution which I had the honor to send you by the last post, and again enclosed, you will be re- lieved in some measure from your embarrassments, though not entirely of your suspense with respect to their final determination. But that cannot be long doubtful,, since the negotiations have certainly arrived at such a crisis as either to terminate soon in a peace or a total rupture. In the latter case, you will necessarily be obliged to proceed on your voyage, as Congress seems anxious to avail themselves of your abilities and information in the ne- gotiations, unless they are fully assured that a speedy peace will preclude them from that advantage. I enclose a paper which contains all that we have yet received on that interesting subject. It may, perhaps, be difiicult to ac- count for our ministers having signed before those of France. But if this letter is genuine, it serves, when compared with their instructions, to prove that the terms of peace are acceptable to us and not disagreeable to France. I have the honor to be. Sir, with great respect and esteem, your most obedient, and most humble servant. TO THE HON. E. E. LIVINGSTON. Philadelphia, March 13, 1783. SiE, — Supposing the despatches received by the Washington, may have enabled Congress to decide on the expediency of con- tinuing, or of countermanding m^ mission to Europe, I take the liberty of expressing to you the satisfaction it will give me to 332 JEFPEESON'S WORKS. receive their ultimate will, so soon as other business will permit them to revert to this subject.* I have the honor, &c. TO JOHN JAY. PHrLADEiPHiA, April n, 1783. Deak Sir, — In a letter which I did myself the honor of writ- ing to you by the Chevalier de Chattellux, I informed you of my being at this place, with the intention of joining you in Paris. But the uncommon vigilance of the enemy's cruisers, imme- diately after the departure of the French fleet, deterred every vessel from attempting to go out. The arrival of the prelimi- naries soon after showed the impropriety of my proceeding, and I am just now setting out pn my return to Virginia. I cannot, however, take my departure, without paying to yourself and your worthy colleague my homage for the good work you have completed for iis, and congratulating yoU on the singular happi- ness of having borne so distinguished a part both in the earliest and latest transactions of this revolution. The terms obtained for us are indeed great, and are so deemed by your country — a few ill-designing debtors excepted. I am in hopes you will con- tinue at some one of the European courts most agreeable to yourself, that we may still have the benefit of your talents. I took the liberty in my letter of suggesting a wish that you would • [*The following resolution was passed by Congress relative to Mr. Jefferson's mission to Europe. — Ed.] BY THE UNITED STATES IN CONGRESS ASSEMBLED : April 1st, 1783. Resolved, That the Secretary for Foreign Affairs inform the Hon. Thomas Jefferson, in answer to his letter of the 13th of March, that Congress consider the object of his appointment so far advanced as to render it unnecessary for him to pursue his voyage, and that Congress are well satisfied with the readiness he has shown in undertaking a service which from the present situation of affairs they apprehend can be dispensed with. Extracts from the minutes, ■ Chablbs Thompson, (copied) Secretary. • OOEKESPONDENGE. 333 be so kind- as to engage lodgings for me. Shotdd you have given yourself this trouble, I beg leave to return you my' thanks, and to ask the favor of you to eommunicate the amoimt of their hire to Mx. Robert Morris, of this city, who will immediately remit it to you, as I lodge money in his hands for this purpose. Accept my warmest wishes for your happiness, and be assured of the sincerity with which I have the honor to be, dear Sit, your most obedient, and most humble servant. P. S. I beg to be affectionately remembered to Dr, F. and Mr. A., if they be still with you. TO HIS EXCELLENCY GENERAL WASHINGTON. Annapolis, April 16, 1T84. IDeab, Sir, — I received your favor of Apiil 8th, by Colonel Harrison. The subject of it is interesting, and, so far as you have stood coraiected with it, has been matter of anxiety to me ; because, whatevef may be the iiltimate fate of the institution of the Cincinnati, in its course, it draws to it some degree, of dis- approbation,. I have wished to see you standing on ground separated from it, and that thei character which will be handed to future ages at the head of our Revolution, may, in no in- stance, be comprpmitted in subordinate altercations. The sub- ject has been at the point of my pen in every letter I have writ- ten to you, but has been still restrained by tl^e reflection that you had among your friends more able counsellors, and, in yourself, one abler than them all. Your letter has now ren- dered a duty what was before a desire, and I cannot better merit yoiu- confidence than by a full and free communication of facts and sentiments, as^ far as they have come within my observa- tion. When the army was about to be disbanded, and the offi- cers to take final leave, perhaps never again to meet, it was na- tural for men who had accompanied each other through so many scenes of hardship, of difficulty, and danger, who, in a variety 334 JEFFERSON'S -WOKKS. of instances, must have been rendered mutually dear by those aids and good offices, to which their situations had given occa- sion ; it was natural, I say, for these to eeize with fondness any proposition which promised to bring them together again, at cer- tain and regular periods. And this, I take for granted, was the origin and object of this institution ; and I have no suspicion that they foresaw, much less intended, those mischiefs , which exist, perhaps in the forebodings of politicians only, I doubt, however, whether, in its execution, it would be found to answer the wishes of those who framed it, and to foster those friend- ships it was intended to -preserve. The members would be brought together at their annual assemblies, no longer to en- counteir a common enemy, but to encounter one another in de- bate and sentiment. For something, I suppose, is to be done at these meetings, and, however unimportant, it will suffice to produce difference of opinion, contradiction and irritation. The way to make friends quarrel is to put them in disputation imder the public eye. An experience of near twenty years has taught me, that few friendships stand this test, and that public assem- blies, where every one is free to act and sp^k, are the most powerful looseners of the bands of private friendship. I think, therefore, that this institution would fail in its principal object, the perpetuation of the personal friendships contracted through the war. The objections of those who are opposed to the institution shall be briefly sketched. You will readily fill them up. They urge that it is against the Confederation — against the letter of some of our constitutions— against the spirit of all of them ; — that the foundation on which all these are built, is the natural equality of man, the denial of every pre-eminence but that an- nexed to legal office, and, particularly, the denial of a pre-emi- nence by birth; that, however, in their present dispositions, citizens might decline accepting honorary instalments into the order, a time may come, when a change of dispositions would render these flattering, when a well-directed distribution of them might draw into the order all the men of talents, of. OOREESPONDENOE. 335 office and wealth, and in this case, would probably procure an ingraftment into the government ; that in this, they will be sup- ported by their foreign members, and the wishes and influence of foreign courts ; that experience has shown that the heredi- tary branches of modern governments are the patrons of privilege and prerogative, and not of the natural rights of the people, whose oppressors they generally are ; that, besides these evils, which are remote, others may take place more immediately; that a distinction is kept up between the civil and military, which it is for the happiness of both to obliterate ; that when the members assemble they will be proposing to do something, and what that something may be,-will depend on actual circum- stances ; that being an organized body, under habits of subor- dination, the first obstruction to enterprize will ■ be already sur- mounted ; that the moderation and virtue of a single character have probably prevented this Revolution from being closed, as most others have been, by a subversion of that liberty it was in- tended, 'to establish ; that he is not immortal, and his successor, or some of his successors, may be led by false calculation into a less certain road to glory. What are the sentiments of Congress on this subject, and what line they will pursue, can only be stated conjecturally. Congress, as a body, if left to themselves, will, in my opinion, say nothing on the subject. They may, however, be forced into a declaration by instructions- from some of the States, or by other incidents. Their sentiments, if forced from them, will be unfriendly to the institution. If permitted to pursue their, own path, they will check it by side-blows whenever it comes in their way, and in competitions for ofiice, on equal or nearly equal ground, will give silent preferences to those who are not of the fraternity. My reasons for thinking this are, 1. The grounds on which they lately declined .the foreign order pro- posed to be conferred on some of our citizens. 3. The fourth of the fundamental articles of constitution for the new States. I enclose you the report ; it has been considered by Congress, recommitted and reformed by a committee, according to senti- 336 JEFFERSON'S "WOKKS. ments expressed on other parts of it, but the , principle referred to, having not been controverted at all, stands in this as in the original report ; it is not yet confirmecJ by Congress. 3. Private conversations on this subject with the members. Since the re- ceipt of your letter, I have taken occasion to exterid these ; not, indeed, tO the military members, because, being of the order, delicacy fprbade it, but tg the others pretty generally; and among these, I have as yet found but one who is not opposed to the institution, and that with an anguish of taind, though cover- ed under a guarded silence, which I have not seen produced by any circumstance before. I arrived at Philadelphia before the separation of the last Congress, and saw there and at Princeton some of its members, not now in delegation. Burke's piece hap^ pened to come out at that time, which occasioned this institu- tion to be the subject of conversation. - 1 found the same im- pressions made on them which their successors have received. I hear from other quarters that it is disagreeable, generally, to such citizens as have attended to it, and, therefore, will probably be so to all, when any circumstance shall preisent it to the notice «fall. . This, Sir, is as faithful an account of sentiments and facts as .1 am able to give you. You know the;, extent of the circle within which my observations are at present circumscribed, and can estimate how far, as forming a part of the general opinion, it may merit notice, or ought to influence your particular con- duct. It remains now to pay obedience to that part of your letter, which requests sentiments on the most eligible measures to be pursued by the society, at their next meeting. I must be far from pretending to be a judge of what would, in fact, be the most eligible measures for the society. I can only give you the opinions of those with whom I have conversed, and who, as I have before observed, are unfriendly to it. They lead to these conclusions: 1. If the society proceed according to its institu- tion, it will be better to make no applications to Congress on that subject, or any other, in their associated Ghai^acter* 2. If OORRESPONDENOE. 337 they should propose to modify it, so as to render it unobjection- able, I thirik this would not be effected without such a modifi- cation as would amount almost to annihilation ; for such would it be to part with its inheritability, its organization, and its assem- blies. 3. If they shall be disposed to discontinue the whole, it would remain with them to determine whether they would choose it to be done by their owil act only, or by a reference of the matter to Congress, which would infallibly produce a re- commendation of total discontinuance. You will be sensible. Sir, that these communications are without reserve. I supposed such to be your wish, and mean them but as materials, with siich others as you may collect, for your better judgment to work on. I consider the whole matter as between ourselves alone, having determined to take no active part in this or anything else, which may lead to altercation, or disturb that quiet and tranquillity of mind, to which I consign the remaining portion of my life. I have been thrown back by events, on a stage where I had never more thought to appear.* It is but for a time, however, and as a; day laborer, free to with- draw, or be withdrawn at will. While I remain, I shall pursue in silence the path of right, but in every situation, public or pri- vate, I shall be gratified by all occasions of rendering you ser- vice, and of convincing you theife is no one to whom y-our repu- tation and happiness are dearer than to. Sir, Your most obedient, and most humble servant. [* Mr. Jefferson being released from his mission to Europe on account of the news of peace, and having returned to Virginia, was again appointed by the Legisla- ture a delegate to Congress on the 6th of June, 1783. On the 8d o'f the following November he arrived at Trenton, where Congress was then sitting, and took his seat on the 4th, on which day that body adjourned to meet at Annapolis on the 26th. Mr. .Jefferson remained in the discharge of his duties as a delegate until the Ith of May, 1784, when Congress, having determined to add a third minister plenipotentiary to Mr. Adams and Dr. Franklin, conferred the appointment ori, him. On the 6th of August, 1184, he reached Paris. The purpose for which he had been associated with Mr. Adams and Dr. Franklin was to negotiate commercial treaties with the European nations. In June, 1785, Mr. Adams removed to London as our minister at that court and Dr. Franklin obtained permission to return to America, thus leaving Mr. Jefferson our only representative at Paris in the character of minister plenipotentiary. Here he remained until the 26th of September, 1789, something more than five years, when he took leave of Paris, and landed_ at Norfolk in the latter part of November.— Ed.] 22 PAET II. LETTERS WRITTEN WHILE IN EUROPE, 1784-1790. TO COLONEL UIUAH FOBBEST. Paris, Cul-de-Sao Teteeout, October 20thj 1784. Sir, — I received yesterday yoijr favor of the 8th instant, and this morning went to Autenil- and Passy, to consult with Mr. Adams and Dr. Frankhn, oii the subject of it. We conferred together, and think it is a case in which we could not interpose (were there as yet cause for interposition), without express ia- structions from Congress. It is, however, our private- opinion, which we give as individuals only, that Mr, McLanahan, while in England, is subject to the laws of England ; that, therefore, he must employ counsel, and be guided in his defence by their advice. The law of nations, and the treaty of peace, as making a part of the law of the land, will undoubtedly be under the consideration of the judges who pronoimce on Mr. McLanahan's case ; and we are willing to hope, that in their knowledge and integrity, he will find certain resoui'ces against injustice, and a reparation of all injury to which he may have been groundlessly exposed. A final and palpable, failure on their part, which we have no reason to apprehend, might make the case proper for the consideration of Congress. I have the honor to be, with sentiments of great respect and esteem, for Mr. McLanahan, as well as yourself. Sir, your most ■abedient humble servant. OOEEESTONDENOE. 339 TO JOHN JAY. Paeis, May 11th, 1785. SiK, — ^I was honored, on the 2d instant, with the receipt of your favor of March the 15th, enclosing the resolution of Con- gress of the 10th of the same month, appointing me their Min- ister Plenipotentiary at this court, and also of your second letter of March 22d, covering the commission and letter of credence for that appointment. I beg permission through you, Sir, to testify to Congress my gratitude for this new mark of their favor, and my assurance of endeavoring to merit it by a faithful atten- tion to the discharge of the duties annexed, to it. Fervent zeal is all which I can be sure of carrying into their service, and, where I fail throiigh a want of those powers which nature and circumstances deny me, I shall rely on their indulgence, and much also en that candor with which your goodness will present my proceedings to their eye. The kind terms in which yciu are pleased to notify this honor. to me, require my sincere thanks. I beg you to accept them, and to be assured of the perfect esteem, with which I. have the honor to be. Sir, your most obedient, and most humble servant, , TO GENERAL CHASTELLDX. Paris; June Ith, 1785. Dear Sir, — I have been honored with the receipt of your letter of the 2d instant, and am to thank you, as I do sincerely, for the partiality with which you receive the copy of tfie Notes on m,y country. As I can answer for the facts, therein reported, on my own observation, and have admitted none on the report of others, which were not supported by evidence sufficient to command my own assent, I am not afraid that you should make any extracts you please for the Journal de Physique, which come within their plan of publication. The strictures on slavery and 340 JEFFERSON'S "WORKS. on the constitution of Virginia, are not of that kind, and they are the parts which I do not wish to have made public, at least till I know whether their publication would do most harm or good. It is possible, that in my own country, these strictures might produce an irritation, which would mdispose the people towards the two great objects I liave in view ,' that is, the eman- cipation of their slaves, and the settlement of their constitution on a firmer and more permanent basis. If I learn from thence, that they will not produce that effect, I have printed and re- served just copies enough to be able to give one to every young man at the College. It is to them I look, to the rising genera- tion, and not to the one now in power, for these great reforma- tions. The other copy, delivered at your hotel, was for Monsieur de Buffon. I meant to ask the favor of you to have it sent to him, as I was ignorant how to do it. I have one also for Mon- sieur Daubenton, but being utterly unknown to him, I cannot take the liberty of presenting it, till I can do it through some common acquaintance. I will beg leave to say here a few words on the general ques- tion of the degeneracy of animals in America. 1. As to the degeneracy of the man of Europe transplanted to America, it is no part of Monsieur de Buffon's system. He goes, indeed, within one step of it, but he stops there. The Abb^ Raynal alone has taken that step. Your knowledge of America enables you to j^dge this question, to say, whether the lower class of people in America are less informed and less susceptible of information, than the lower class in Europe ; and whether those in America, who have received such an education as that country can give, are less improved by it than Europeans of the same degree of education. 2. As to the aboriginal man of America, I know of no respectable evidence on which the opinion of his inferiority of genius has been foimded, but that of Don Ulloa. As to Ro- bertson, he never was in America, he relates nothing on his own knowledge, he is a compiler only of the relations of others, and a mere translator of the opinions of Monsieur de Buffon. I should as soon, therefore, add the translators of Robertson to the C.ORBESPOFDENOE. 341 witnesses of this fact, as himself. Paw, the beginner of this charge, was a compiler from the works of others ; and of the most unlucky description ; for he seems to have lead the writings of travellers, only to collect and republish their^ lies. It is really remarkable, that in three volumes l'2mo, of small print, it is scarcely possible to find one truth, and yet, that the author should be able to produce authority for every fact he states, as he says he can. Don Ulloa's testimony is the most respectable. Rewrote of what he saw, but he saw the Indian of South America only, and that after he had passed through ten generations of slavery. It is very unfair, from this sample, to judge of the natural genius of this race of men ; and, after supposing that Don Ulloa had not sufficiently calculated the allowance which should be made for this circumstance, we do him no injury in considering the picture he draws of the present Indians of South America, as no picture of what their ancestors were three hundred years ago. It is in North America we are to seek their original character. And I am safe in affirming, that the proofs of genius given by the Indians of North America place them on a level with whites in the same uncultivated state. The North of Europe furnishes subjects enough for comparison with them, and for a proof of their equality. I have seen some thousands myself, and con- versed much with them, and have found in them a masculine, sound understaijding. I have had much information from men who had lived among them, and whose veracity and good sense were so far known to me, as to establish a reliance on their in- formation. They have all agreed in bearing witness in favor of the genius of this people. As to their bodily strength, their manners^rendering it disgraceful to labor, those muscles em- ployed in labor will be weaker with them, than with the Euro- pean laborer; but those which are exerted in the chase, 'and those faculties which are employed in the tracing an enemy or a wild beast, in contriving atabuscades for him, and in carrying them, through their execution, are much stronger than with us, because they are more exercised. I believe the Indian, then, to be, in body and mind, equal to the white man. I have supposed 342 JEFFERSON'S WORKS. the black man, in his present state, might not be so ; but it -would be hazardous to affirm, that, equally cultivated for a few genera- tions, he would not become so. 3. As to the inferiority of the other animals of America, without more facts, I can add nothing to what I have said in my Notes. As to the theory of Monsieut ,de Bufforj, that heat is friendly, and moisture adverse to the production 6f large anima,ls, I am lately furnished with a fact by 'Dr. Franklin, which proves the air of London and of Paris to be more, humid than that of Phil- adelphia, and so creates a suspicion that the opinion of the supe- rior humidity of America may, perhaps, have been too hastily adopted. . And, supposing that fact admitted, I think the physical reasoning-s urged to show, that in a moist country animals must be small, and -that in a hot one they jnust be -large, are not bmlt on the basis of experiment. These questions, however, cannot be decided, ultimately, at this day. More facts must be collect- ed, and more time flow off, before the world will be ripe for de- cision. In the meantime, doubt is wisdom. I have been fully sensible of the anxieties of your situation, and that your attentions were wholly consecrated, where alone they were wholly due,- to the succor of friendship and worth. However much I prilze your society, I wait with patience the moment when I can have it without taking what is due to an- other. In the meantime, I am solaced with the hope of possess- ing your friendship, and that it is not ungrateful to you to re- ceive assurancQg of that with which I have the honor to be, dear Sir, Your most obedient, and most humble servant. OOBEESPONPENOE. 343 TO THE GOVERNOE OF MARYI.AND. Pakis, June 16, 1785. Sijtj^^I have the honor of enclosing to .your Excellency some propositions which have been made from London to the Farmers. General, to furnish them with the tobaccos of Maryland and Virginia. For this paper,. I am indebted to the zeal of the M. de La Fayette. I take the liberty of troubling you with it on a suppositioa that it may be possible to have this article furnished from those States to this country immediately without its pass- ing through the entrepot pf London, and the returns for it being made, of course, in London merchandise. Twenty thousand hogsheads of tobacco a year delivered here in exchange for the produce and manufacture of this coujitry, many of which are as good and cheaper . than in England, would establish a rivalship for . our commerce which would have happy effects upon both cbuntries.. Whether this end will be best effected by giving out these propositions to our merchants and exciting them to become candidates with the Farmers General. for this contract, or by any other means, yoiir Excellency can best judge. I shall mention this matter also to the Governor of Virginia. The other paper which accompanies the one before mentioned, is too miserable to need, notice. I will take measures for apprising them of its errors. I have the honor to be, with sentiments of the highest respect and esteem, your Excellency's most obedient, and most humble servant. 344 JEFFERSON'S WORKS. TO MB. JAY. Paris, June 17, 1785. Sir,— I had the honor of addressing you on the 11th of the last month by young Mr. Adams, who sailed in the packet of that month. That of the present is likely to be retarded to the ■ first of July, if not longer. ^ ^ On the 14th of May I commuhicated to the Count de Vergen- nes my appointment as minister plenipotentiary to tfcis Court, and on the 17th delivered my letter of credence to the King at a private audience, aiid went through the other ceremonies usual on such occasion. We have reason tp expect that Europe wUl enjoy peace another year. The negotiations between the Emperor and United Neth- erlands have been spun out to^ah unexpected length, but there seems little doubt but they will end in peace. Whether the ex- change projected between the Emperor and Elector of Bavaria, or the pretensions of the former in his line of demarcation with the Ottoman Porte will produce war, is yet uncertain. If either of them does, this country will probably take part in it to prevent a dangerous accession of power to the House of Austria. The zeal with which they have appeared to negotiate a peace between Holland and the Empire seems to prove that they do not appre- hend being engaged in war against the Emperor for any other power ; because, if they had , such an appjrehcinsion, they would not wish to deprive themselves of the assistance of the Dutch : and their opinion on this subject is better evidence than the- details we get from the newspapers, and must weigh against the affected delays of the Porte, as to the line of demarcation, the change in their ministry, their preparation for. war, and other symptoms of like aspect. This question is not altogether uninteresting to us. Should this country be involved in a Continental war, while dif- ferences are existing between us and Great Britain, the latter might carry less moderation into the negotiations for settlii^g them. I send you herewith the gazettes of Leyden and that of COKEESPONDENOE. 345 Fiance for the last two months, the latter because it is the best in t.his country, the former as being the best in Europe. The Courier de I'Europe you will get genuine from London. As re- printed here it is of less worth. Should, your knowledge of the newspapers of this country lead you to wish for any other, I shall take the greatest pleasure in adding it to the regular trans- missions of two others Which I shall make you in future. I have the honor to be, with the highest esteem and respect, your most obedient, and most humble servant, TO COLONEL MONROE. Paeis, June 11, I'TSB. Dear Sir; — I received three days ago your favor of April the 12th. You therein speak of a former letter to me, but it has not come to hand, nor any other of later date than the 14th of De- cember. My last to you was of the 11th of May by Mr. Adams, who went in the packet of that month. These conveyances are now becoming derg,nged. ~ We have had expectations of their coming to Havre, Tvhich Woiild infinitely facilitate the com- munication between Paris and Congress ; but tTieir deliberations on the subject seem to be taking anothei' turn. They complain of the expense, and that their commerce with us is too small to justify it. They therefore talk of sending a packet every six weeks only. The present one, therefore, which should have sailed about this time, will not sail till the 1st of July. How- ever,- the whole matter is as yet Undecided.' I have hopes that when Mr. St. John arrives from New York, he will get them re- placed on their monthly system. By-the-bye, what is the mean- ing of a very angry resolution of Congress on his subject? I have it hot by me, and therefore cannot cite it by date, but you will remember it, and oblige me by explaining its foundation. This will be handed you by Mr. Otto, who comes to America as Charge des Affaires, in the room of Mr. Majbois, promoted to the 346 JEFFERSON'S "WORKS. Intendancy of Hispaniola, w^hich office is next to that of Gov- ernor. He becomes the head of the civil, as the Governor is, of the military department. I am much pleased with Otto's appointment; he is good- humored, affectionate to America, will see things in a friendly light when they admit of it, in a rational one always, and will, not pique himself on writing every trifling circumstance, of irri- tation to his court. I wish you to be acqiiainted with him, as a friendly intercourse between individuals who do business to- gether produces a mutual spirit of accommodation lisefiil to both parties. It is very much our interest to keep up the affection of this country for us, which is considerable. A. court has no affec- tions; but those of the people whom they govern influence their decisions, even in the most Egrbitrary governments. The negotiations between the Eniperor and Dutch are spuuv out to an amazing length. At present there is no apprehension but that they will terminate in peace. , This court seems to press it with ardor, and the Dutch are averse, considering the terms cruel and unjust, as they evidently arci The. present delays, therefore, are imputed to their coldness and to their forms. In the meantime, the Turk is delaying the demarcation of limits between him and the Emperor, is making the most vigorous preparations for- war, and has composed his ministry of warlike characters, deemed personally hostile to the Emperor. Thus time seems to be spinning out, both by the_ Dutch and Turksj and time is wanting for France. Every year's delay is a great thing for her. It is not impossible, therefore, but that she may secretly encourage the delays of the Dutch, and hasten the prep- arations of the Porte, while she is recovering vigor herself, also, in order to be able to present such a combination to the Empe- ror as may dictate to him to be quiet. But the designs of these courts are unsearchable. It is our interest to pray that this coun- try may have no continental tvar till our peace with England is perfectly settled. The merchants of this country continue as loud and furious as ever against the Arret of August; 1.784, per- mitting our commerce with their islands to a pertain degree. CORRESPONDENCE. 347 Many of them -have actually abandoned tlieir trade. The min- istry are disposed- to he firm ; hut there is a point at which they will give way, that .is, if the clamors should hecome such as to endanger their places.. It is evident that nothing can he done by us 'at this time, if we may hope it hereafter. I like your re- moval' to New York, and hope Congress will continue there, and never exepute the idea of building their Federal town. Before it 'could be finished, a change of members in Congress, or the admission of new States, would remove them somewhere else. It is evident that when a sufficient number of the western States come in, they will remove it to Georgetown. In the meantime, it is our interest that it should remain where it is, arid give no new pretensions to any othej place. I am also much pleased with the proposition to. the States. to invest Congress with the regulation of their- trade, reserving its revenue to the States. I think it a happy idea,, removing the only objection which could have been justly made to the proposition. The time, too, is the present, before the admission of the western. States. I am very differently affected towards the new plan of opening our land ofiice, by dividing the lands among the States,, and selling them at vendue. It separates still more the interests of the States, which ought to be made joint in every possible instance, in order to cultivate the idea of our being one nation, and to multiply the instances in which the people shall look up to, Congress as their head. And when the States get their portions, they will either fool them away, or make a job of it to serve individuals. Proofs of both these practices have been; furnished, and by either of them that invaluable fimd is lost, which ought to pay our public debt. To sell them at vendue, is to give them to the bidders of the day, be they many^ or few. It is ripping up the hen which lays golden eggs. If sold in lots at a fioced price, as first pro- posed, the best lots will be sold first ; as these become occupied, it gives a value to the interjacent ones, and raises them, though of inferior quality, to the price of the first. I send you by Mr. Otto a copy of my -book. Be so good as, to apologize to Mr. Thompson for my not sending him one by this conveyance. I 348 JEFFERSON'S. WORKS. could not burthen Mr. Otto with more on -so long a road as that from here to L'Oaent. I will' send him one by a Mr. Williams, who will go ere long. I have taken measures to. prevent its pub- lication. My reason is, that I fear the terms' in which I speak of slavery, and of our constitution, may produce an irritation which will revolt the minds of our countrymen against reforma- tion in these two articles, and thus do more harm than good. I have asked of Mr. Madison to sound this matter as far as he can, and, if he thinks it will not produce that effect, I have then copies enough printed to give one to each of the young men at the Col- lege, and to my friends in the country. I am sorry to see a possibility 6t *■ * * being put into the Treasury. He has no talents for the office, and what he has, will be employed in rummaging old accounts to involve you in eternal war with * * * and he will, in a short time, introduce such dissensions into the commission, as to break it up. If he goes on the other appointment to Kaskaskia^ he will produce a revolt of that settlement from the United States. I thank you for your attention to my outiit. For the articles of household furniture, clothes, and a carriage, I have already paid, twenty- eight thousand livres, and have still ,more to pay. For the great- est part of this, I have been obliged to anticipate my salary, from which, however, I shall never be able to repay it, I &id, that by a rigid economy, bordering however on meanness, I can save perhaps five hundred, livres a month, at least in the summer. The fesidue goes for expenses so much of course and of neces- sity, that I cannot avoid them without abandoning all respect to my public character. Yet I wiU pray you to touch this string, which I know to be a tender one with Congress, with the ut- most delicacy. I had rather be ruined in my fortune than in their esteem. If they allow me half a year's salary as an outfit, I can get through my debts in time. If they raise the salary to what it was, or even pay our house rent and taxes, I can live with more decency. I trust that Mr. Adams's house at the Hague, and Dr. Franklin's at Passy, the rent of which has been always allowed him; will give just expectations of the same al- COlREESPONDENOE. 349 lowance to me. Mr. Jay, however, did not charge it, but he lived economically and laid up money. I ■will take the liberty of hazarding to you some thoughts on the policy of entering into treaties with the European nations, and the nature of them. I am not wedded to these ideas, and, therefore, shall relinquish them cheerfully when Congress shall adopt others, and zealously endeavor to carry theirs into eifect. First, as to the policy of making treaties. Congress, by the Confederation, have no original and inherent power over the commeirce of the States. But,by the 9th article, we are author- ized to enter into treaties of commerce. The moment these treaties are concluded, the jurisdiction of Congress over the com- merce of the States springs into existence, and that of" the par- ticular States is superseded so far as the articles of' the treaty may have taken up the subject. There are two restrictions only, on the exercise of the power of treaty by Congress. 1st. That they shall not, by such treaty, restrain the legislatures of the States from imposing such duties on foreigners, as their own people are subject to ; nor 2dly, from prohibiting the exporta- tion or importation of any particular species of goods. Leaving these two points free. Congress may, by treaty, establish any system of commerce they please ; but, as I before observed, it is by treaty alone they can do it. Though they may exercise their other powers by resolution or ordinance, those over com- merce can only be exercised by forming a treaty, and this prob ably by an accidental wording of our Confederation. If, there- fore, it is better for the States that Congress should regulate their commerce, it is proper that they should form treaties with all nations with whom they may possibly trade. You see that my primary object in the ' formation of treaties is to take the conimerce of the States out of the hands of the States, and to place it under the superintendence of Congress, so far as the im- perfect provisions of our constitutions will admit, and until the States shall, by new compact, make them more perfect. I would say, then, to every nation on earth, iy treaty, your people shall trade freely with us, and ours with you, paying no more .350 JETFERSON'S WORKS. than the most faYored nation, in order to put an end to the right of individual States, acting by fits and starts, to interrupt our commerce, or to embroil us with, any nation. As to the terms of these treaties, the question becomes more difficult. I will mention three different plans. 1. That no' duty shall be laid by either party on' the productions of the other- 2. That each may be permitted to equalize their duties to thogp laid by the other. 3. That each shall pay in the ports of the .other, such duties only as the most favored nations, pay.- 1. Were the nations of Europe as. free and unembarrassed of established systems as we are, I do verily believe they would concur with us in the first plan. But it is impossible. These establishments are fixed upon them ; they- are interwoven with the body of their laws and the organization of their govern- ment, and they, make a great part of their revenue ; they cannot then, get rid of them. , 3. The plan of equal imposts presents difficulties insurmount- able. For how are the equal imposts to be efiiected ? Is it by laying, in the ports of A, ah equal per cent, on the goods of B, with that which B has laid in his ports oii the. goods of A ? But how are we to. find what is that. per cent. ? For this is not .the usual form of imposts. They generally pay by the ton,, by the measure, by the .weight, and not by the value. Besides, if A sends a million's worth of goods to B, and takes back but the half of that, and each pays the same per cent., it is evident. that A pays the double of what he recovers in the same way from B : this wouH be our case with Spain. Shall we endeavor to effect equality, then, by saying A may levy so much on the sum of P's importations into his ports, aS B does on the sum of A's importations into the ports of B ? But how find out that sum ? Will either party lay open their custom-house books candidly to evince this sum ? Poes either keep their books so exactly, as to be able to do it ? This proposition was started in .Cojigress when our instructions were fonned, as you may remember, and the impossibility of executing it occasioned it to be disapproved. Besides, who should have a right of deciding, when the imposts OOEEESPONDENOE. 351 were equal? A would say to B,.?ny imposts. do not raise so Bauch as yours r I raise thern therefpre. B would then say, you have made them greater than mirie^ I, will raige mine ; and thus a kind of auction would he carried on hetween them, and a mu- tual irritation^ which would end in. ianything, sooner than equal- ity and right.' ■ • - ; . 3.' I cbnfessthen to you, tjhat I Seeno alternative left but that which Congress adopted, of each party placing the other on the footing of thb most favored nation. If the nations of Europe, from their actual establishments; are. not at liberty to say to Amer- ica, that' she shall trade in their ports duty free, they may say she ihay. trade there paying .no higher duties than the most fav- ored nation ; and thi^ is valuable in many of these countries, where a very great difference is niade between different nations. There is, no difficulty in the execution of this contract, because there isJiot a, merchant who dpes not know, or may not know, the duty paid' by every nation on, every article. This stipulation leaves each party at liberty to regulate their own commerce by general rules, while if secures the other from partial and oppress- ive discriminations. The difficulty which arises in our case is, with the nations having American territory. Access to the West Indies is indispensably necessary to us.- Yet how to gain it, when it is the established system of these nations to exclude all foreigners from their colonies. The only chance seems to be this : our commerce to the mother .country is valuable to them. We must endeavor, then, to make this the price of an admission into their West Indies, and to those who , refuse the admission, we must refuse onr commerce, or load theirs by odious discrim- inations in our ports. We have this circumstance in our favor too, that' what one grants us in their islands, the others will hot find it worth their while to refuse. The misfortune is, that with this country we gave this price for their aid in the war, and we have now nothing more to offer. She, being withdrawn from the competition, leaves Great Britain much more at liberty to hold out against us. This' is the difficult part of the business of treaty> and I own it does not hold out the most flattering prospects. 352 JEFFERSON'S WOEKS. I wish you "would consider this subject, and write jne your thoughts on it, Mr. Gterry wrote me on the same subject, Will you give me leave to impose on you the trouble of communicat- ing this to him ? It . is long, and will save me niuch labor in copying. I hope he will be so indulgent as to consider it as an answer to that part of his letter, and will give me his further thoughts on it.' , ' Shall I send you so much of the Encyclopedia as is already published, or .reserve it here till you come ? It is about forty volumes, which probably is about half the work. Oiye yourself no uneasiness about the money ;• perhaps I may find, it conve- nient to ask you to pay trifles occasionally for me in America. I sincerely wish you may find it convenient to come here ; the pleasure of the trip will be less than you expect, but t^e utility greater. It will make you ^.dore your own country, its soil, its climate, its equality, liberty, laws, people, and mamiers. My God! how' little do my countrymen, know what precious bless- ings they are in possession of, and which no other people on earth enjoy. I confess I had no idea of it myself. While we shall see multiplied instances of. Europeans going to Uve in Americ^i, I will venture to say, no man now living will ever see an instance of an American removing to settle , m Europe, and continuing there. Come,, then, and see the proofs of this, and on your re- turn add your testimony to that of every thinking American, in order to satisfy our countrymen how much it is their interest to preserve, uninfected by contagion, those peculiarities iri their gov- errmients and manners,, to which they are indebted for those blessings. Adieu, my dear friend ; present me afiectionately to your colleagues. If any of them think me worth writing to, they may be assured that m the epistolary account I will keep the debit side against them. Once more, adieu. Yours affectionately. P. S. Jime 19. Sihce writing the above, we have received the following account : Monsieur Pilatre de Roziere, who had C0KEE8P0NDEN0E. . 353 been waiting for. some months at Boulogne for a fair wind to cross the channel,'at length took his ascent with a, companion. The wind changed after awhile, and brought him back on the French coast. Being at a height of about six thousand feet, some acci- dent happened to his balloon of inflammable air; it burst, they fell from that height, and were crushed to atoms. There was a Montgolfier combined with the balloon of inflammable air. It is suspected the heat of the -Montgolfier rarefied too much the in- flammable air of the other, and occasioned it to burst. The Mont- golfier came down in good order. TO JOSEPH JONES. Paris, June 19, I'TSS. Dear Sib, — ^I take the liberty of enclosing to you a state of the case of one Poison, and begging your inquiries and information whether the lands therein mentioned have been escheated and sold, and, if they have, what would be the proper method of ap- plication to obtain a compensation for them. The negotiations between Holland and the Emperor are slow, but will probably end in peace. It is believed the Emperor will not at present push the Bavarian exchange. The Porte delays the demarcation of limits with him, and is making vigorous prep- arations for war. But neither will this latter be permitted to pro- duce a war, if Prance can prevent it, because, wherever the Em- peror is seeking to enlarge his dominions, France will present to him the point of a bayonet. But she wishes extremely for repose, and has need of it. She is the wealthiest but worst governed country on earth ; and her finances utterly unprepared for war. We have need to pray for her repose, and that she may not be engaged in a continental war while our matters with Great Britain are so unsettled and so little like being settled. An accident has happened here which will probably damp the ardor with which aerial navigation has been pursued. Monsieur VOL. I. 23 g54 JEFFERSON'S WORKS. Pilatre de Roziere had been attending many months at Boulogne a fair wind to cross the channel in a balloon which was com- pounded of one of inflammable air, and another called a Mont- golfier with rarefied air only. He at length thought, the wind fair and with a companion ascended. After proceeding a proper direction about two leagues, the wind changed and brought them again over the French coast. . Being at the height of about six thousand feet, some accident, unknown, burst the balloon of in- flammable air, and the Montgolfier being unequal alone to sustain their weight, they precipitated from that height to the earth, and were crushed to atoms. Though navigation by water is attended- with frequent accidents, and in its infancy must have been at- tended with more, yet these are now so familiar that we think little of them, while that which has signalized the two first mar- tyrs to the aeronautical art will probably deter very many from the experiments they wouy. have been disposed to make. Will you give me leave to hope the pleasure of hearing from you some- times. The details froin my own country of the proceedings of the legislative, executive and judiciary bodies, and even those which respect individuals only, are the most pleasing treat we can receive at this distance, and the most useful also. I will promise in return whatever may be interesting to you here. I am, with very perfect esteein, Sir, Your friend and servant. TO CHAELES THOMPSON. Pakis, June 21, I'ZSS. Dear Sir, — Your favor of March the 6th, has come duly to hand. You therein acknowledge the receipt of mine of Novem- ber the 11th ; at that time you could not have received my last, of February the 8th. At present there is so little new in politics, literature, or the arts, that I write rather to prove to you my de- sire of nourishing your correspondence, than of being able to OOERESPONDENOE. 355 give you anything interesting at this time. The poHtical -world is almost lulled to sleep, by the lethargic state of the Dutch nego- tiation, which will probably end in peace. Nor does this court profess to apprehend that the Emperor will involve this hemi- sphere in war by his 'schemes on Bavaria and Turkey. The arts, instead of advancing, have lately received a check, which will probably render stationary for awhile, that branch of them which had promised to elevate us to the skies. Pilatre de Roziere, who had first ventured into that region, has fallen a sacrifice to it. In an attempt to pass from Boulogne over .to England, a change in the wind having ' brought him back on the coast of France, some accident happened to his balloon of inflammable air, which occasioned it to burst, and that of rarefied air combined with it being then unequal to the weight, they fell to the earth from a height, which the first reports made six thousand feet, but later ones have reduced .to sixteen hundred. Pilatre de Roziere was dead when a peasant, distant one huiidred yards only, ran to him ■ but Remain, his companion, lived about temninutes, though speechlesSj and without his senses. In hteratjire there is nothing new. For I do not consider as having added anything to that field my own Notes, of which I have had a few copies printed. I will send you a copy by the first safe conveyance. Having troubled Mr. Otto with one for Colonel Monroe, I could not charge him with one for you. Pray ask the favor of Colonel Monroe, in page 5, line 17, to strike out the words, " above the mouth of the Appamattox," which makes nonsense of the pas- sage ; and I forgot to correct it before I had enclosed and sent off the copy to him. I am desirous of preventing the reprinting this, should any book merchant think it worth it, till I hear from my friends, whether the terms in which I have spoken of slavery and the constitution of our State, will not, by producing an irri- tation, retard that reformation which I wish, instead of promoting it. Dr. Franklin proposes to sail for America about the first or second week of Jujy. He does not yet know, however, by what conveyance he can go. Unable to travel by land, he must de- scend the Seine in a "boat to Havre. He has sent to England to 356 JEFFERSON'S WOE^KS. get some vessel bound for Philadelphia, to touch .at Havre for him. But he receives information that this cannot be done. He has been on the look out ever since he received his permission to return ; but, as yet, no possible means of getting a passage have offered, and I fear it is very uncertain when any will offer. I am, with very great esteem, dear Sir, Your friend and servant. TO JOHN ADAMS. Paeis, June 23, 1185. Dear Sib, — My last to you was of the 2d instant, since which I have received yours of the 3d ajid 7th. I informed you in mine of the substance of our letter to Baron Thulemeyer : last night came to hand his acknowledgment of the receipt' of it. He accedes to the method proposed for signing, and has for- warded our dispatch to the King. I enclose you a copy of our letter to Mr. Jay, to go by the packet of this month. It con- tains a state of our proceedings since the preceding letter, which you had signed with us. This statement contains nothing but what you had concurred with us in ; and, as Dr. Franklin ex- pects to go early in July to America, it is probable that the future letters must be written by you and myself. I shall, therefore, take care that you be furpished with copies of everything which comes to hand on the joint business. What has become of this Mr. Lambe ? I am uneasy at the delay of that business, since we know the ultimate decision of Congress. Dr. Franklin, having a copy .of the Corps Diplomat- ique, has promised to prepare a draught of a treaty to be offered to the Barbary States : as soon as he has done so, we will send it to you for your corrections. We think it will be best to have it in readiness against the arrival of Mr. Lambe, on the supposi- tion that he may be addressed to the joint ministers for instruc- tions. OOEEESPONDEITO]]!. 357 I asked the favor of you in my last, to choose two of the best London papers for me ; one of each party. The Duke of Dorset ■ has given me leave to have them put under his address, and sent to the office from whidh his despatches come. I think he called it Clevelaiid office, or Cleveland lane, or by some such name ; however, I suppose it can be easily known there. Will Mr. Stockdale undertake to have these papers sent regularly, or is this out of the line of his business ? Pray order me, also, any really good pamphlets that come out from time to time, which he will charge to me. I am, with great esteem, dear Sir, your friend and servant. " TO M. DU PORTAIL. Paris, June 2Y, 1Y86. Sir, — ^I had the honor of infotming you some time ago that I had written to the Board of Treasury on the subject of the ar- rearages of interest due to the foreign officers, and urging the necessity of paying them. I now enclose the extract of a letter which I have just received from them^ and by which you will perceive that their funds were not in a condition for making that payment in the moment of receiving my letter, but that they would be attentive to make it in, the first moment itshould be in their power. There is still a second letter of mine on the way to them, on the same subject, which will again press for exer- tions in this business, which, however, I am satisfied they will not fail to do their utmost in. It will give me real pleasure to inform you of effectual provision for, this purpose in the first mo- ment possible, being with sentiinents of esteem and respect. Sir, your most obedient and most humble servant. 358 JEFFERSON'S WOEKS.. TO COLONEL MONKOE. " Paris, July 5, 1785. Deae Sik, — I wrote you by Mr. Adams, May the 11th, and. by Mr. Otto, June the 17th. The latter acknowledged the re- ceipt of yoiu:s of April the 12th, which is the only one come to hand of later date than December the 14th. Little has occiured since my last. Peace seeiris to show herself under a more decided form. The Emperor is now on a journey to Italy, and the two Dutch. Plenipotentiaries have set out for Yienna ; there to make an apology for their State having dared to fire a gun in defence of her invaded rights : this is insisted on as a preliminary condition. The Emperor seenis to prefer the glory of terror to that of justice ; and, to satisfy this tinsel passion, plants a dagger in the heart of every Dutchman which no time wOl extract. I enquired lately of a gentleman who lived long at Constantinople, in a public character, and enjoyed the confidence of that govern- ment, insomuch as to become well acquainted with its spirit and its powers, what he thought might be the issue of the present afiair between the Emperor and the Porte. He thinks the latter wiU not push matters to a War ; and, if they do, they must faU undei it. They have lost their warlike spirit, apd their troops cannot be induced to adopt the European arms. We have no news yet of Mr. Lambe ; of course, our Barbary proceedings are still at a stand.* Yours Affectionately. TO JOHN ADAMS. Paris, July 1, IWS. Dear Sib, — This will accompany a joint letter enclosing the draft of a treaty, and my private letter of June 23d, which has [* The remainder of this letter ia in cypher, to which there is no key in the Editor's possession.] CORRESPONDENCE. 359 waited so long for a private conveyance. We daily expect from the Baron Thulemeyer the French column for ojir treaty with his sovereign. In the meanwhile, two copies are preparing with the English column, which Dr. Franklin wishes to sign before his departure, which will be within four or five days. The French, when' received, will be inserted in the blank columns of each copy. As the measure of signing at several times and places is new, we think it necessary to omit no other circum- stance of ceremony which can be observed.*^ That of sending it ■ by a person of confidence, and invested with a character relative to the object, who shall attest our signatures here, yours in Lon- don, and Baron Thulemeyer's at the Hague, and who shall make the actual exchanges, we think will contribute to supply the de- parture from the usual form, in other instances. For this reason. We have agreed to send Mr. Short o"n this business, to make him a secretary pro hac vice, and to join Mr. Dumas for the operations of exchange, &c. As Dr. Franklin will have left us before Mr. Short's mission will commence, and I have never been concerned in the ceremonials of a treaty, I will thank you for your imme- diate information as to the papers he should be furnished with from hence. He will repair first to you in London, thence to the Hague, and then return to Paris. What has becohie of Mr. Lambe ? Supposing he was to call on the commissioners for instructions, and thinking it best these should be in readiness, Dr. Franklin undertook to consult well the Barbary treaties with other nations, and io prepare a sketch which we should have sent for your correction. He tells me he has consulted those treaties, and made references to the articles proper for us, which, however, he will not have time to put into form, but will leave them with me to reduce. As soon as I see them, you shall hear from me. A late conversation with an English gentleman here makes me believe, what I did not be- lieve before, that his nation thinks seriously that Congress have no power to form a treaty of commerce. As the explanations of this matter, which you and I may separately give, may be handed to their minister, it would be well that they should agree. 360 JEFFERSON'S WORKS. For this reason, as well as for the hope of your showing me wherein I am wrong, and confirming me where I am right, I will give you my creed on the subject. It is contained in these four principles. By the Confederation, Congress have no power given them, in the first instance, over the commerce of the States. But they have a power given them of entering into treaties of commerce, and these treaties may cover the whole field of com- merce, with two restrictions only. 1. That the States may im- pose equal duties on foreigners as natives : and 2. That they may prohibit the exportation or importation of any species of goods whatsoever. When they shall have entered into such treaty, the superintendence of it results to them ; all the operations of- com- merce, which are protected by its stipulations, come under their jurisdiction, and the power of the States to thwart them by their separate acts, ceases. If Great Britain asks, then, why she' should enter into any treaty with us? why not carry on her commerce without treaty ? I answer ; because, till a treaty is made, no consul of hers can be received (his functions being called into existence by a convention only, and the States hav- ing abandoned the right of separate agreements and treaties) ; no protection to her commerce can be given by Congress ; no cover to it from those checks and discouragements with which the States will oppress it, acting separately, and by fits and starts. That they will act so till a treaty is made Great Britain has had several proofs ; and I am convinced those proofs will be- come general. It is, then, to put her commerce with us on system- atical ground, and under safe cover, that it behoves Great Britain to enter into treaty. As I own to you that my wish to enter into treaties with the other powers of Europe arises more from a desire of bringing all our commerce under the jurisdiction of Congress, than from any other views. Because, according to my idea, the commerce of the United States with those countries, not under treaty with us, is under the jurisdiction of each State separately ; but that of the comatries, which have treated with us, is tmder the jurisdiction Of Congress, with the two fundamental restraints only, which I have before noted. OOERESPONDENOE. 361 I shall be happy to receive your corrections of- these ideas, as I have fomid, in the course of our joint services, that I think right when I think with you. I am, with sincere affection, dear Sir, your friend and servant. P. S. Monsieur Houdon has agreed to go to America to take the figure of General Washington. In case of his death, between his departure from Paris, and his return to it, we may lose twen^ thousand livres. I ask the favor of you to enquire what it will cost to ensure that sum, on his life, in London, and to give me as early an answer as possible, that I may order the insurance if I think the terms easy enough. He is, I believe, between thirty and thirty-five years of age, healthy enough, aAd will be absent about six months. ' TO M. DP CASTRIES. ' Paeis, July 10th, ll8o. Sib, — I am honored with your Excellency's letter on the prize money for which Mr. Jones applies. The papers intended to have been therein enclosed, not having been actually enclosed, I am imable to say anything on their subject. But I find that Congress, on the first day of November, 1783, recommended Captain Jones to their Minister here, as agent, to solicit, under his direction, payment to the officers and crews for the prizes taken in Europe under his command ; requiring him previously to give to their superintendent of finance good security for paying to him whatever he should receive, to be by him distributed to those entitled. In consequence of this. Captain Jones gave the security required, as is certified by the superintendent of finance on the 6th of November," 1783, and received from Doctor Frank- lin on the 17th of December, 1783, due authority, as agent, to solicit the said pa3rments. From these documents, I consider Captain ,Jones as agent for the citizens of the United States, interested in the prizes 362 JEFFEESON'S WOEKS. taken in Europe under his command, &aA that he is properly au- thorized to receive the riioney due to them, having given good security to transmit it to the treasury office iof the United States, whence it will be distributed, under the care of Congress, to the officers and crews originally entitled, or to their representatives. I have the honor to be, with sentiments of the highest respect, your Excellency's most obedient, and most humble servant. TO MESSRS. FRENCH AND NEPHEW. PXeis, July I3tb, 1785. Gentlemen, — ^I had the honor of receiving your letter of June the 21st, enclosing one from Mr. Alexander of June the 17th, and a copy of his application to Monsieur de Calomies. I am very sensible that no trade can be on a more desperate footing than that of tobacco, in this country; and that our merchants must abandon the French markets, if they are not perrnitted to sell the productions- they bring, on such terms as will enable them to purchase reasonable returns in the manufactures of France. I knoW but one remedy to the evil ; that of allowing a free vent ; and I should be very happy in being instrumental to the obtaining this. But, while the purchase of tobacco is monop- olized by a company, 'and they pay for that monopoly a heavy price to the government, they doubtless are at liberty to fix such places and, terms of purchase, as may enable them to make good their engagements with government. I see no more reason for obliging them to give a greater price for tobacco than they think they can afford, than to do the same between two individuals treating, for a horse, a house, or anything else. Could this be effected by applications to the minister, it would only be a pallia- tive which would retard the ultimate cure, so much to be wished for and aimed at by every friend to this comitry, as well as to America. I have the honor to be, Gentlemen, your most obedient hum- ble servant. CORKESPONDENOE. 353 TO DB. STYLES. Pajib, July 17, 1185. Sm, — I have long deferred doing myself the honor of writing to you, wishing for an opportunity to accompany my letter with a copy of the Biblioth^que Physico-oeconomique ; a book pub- hshed here lately in four small volumes,, and which gives an ac- count of all the improvements in the arts which have been made for some years past. I flatter myself you will find in it many things agreeable and useful. I accompany it with the volumes of the " Connoisance des Tems'-' for the years 1781, 1784, 1785, 1786, 1787. But why, you will ask, do I send you old alman- acs, which are proverbially useless"? Because, in these publica- tions have appeared, from time to time, some of the most pre- cious things in astronomy. I have searched out those particular volimies which might be valuable to you on this account. That of 1781, contains de la Caille's catalogue of fixed stars reduced to the commencement of that year, and a table of the aberrations and nutations of the principal stars. 1784 contains the same catalogue with the nebuleuses of Messier. 1785 con- tains the famous catalogue of Hamsteed, with the positions of the stars reduced to the beginning of the year 1784, and which supersedes the use of that immense book. 1786 gives you Euler's lunar tables corrected ; and 1787, the tables for the planet Herschel. The two last needed not an apology, as not being within the description of old almanacs. It is fixed on grounds which scarcely admit a doubt that the planet Herschel was seen by Mayer in the year 1756, and was considered by him as one of the zodiacal stars, and, as such, arranged in his catalogue, being the 964th which he describes. This 964th of Mayer has been since missing, and the calculations for the planet Herschel show that it should have been, at the time of Mayer's observa- tion, where he places his 964th star. The volume of 1787 gives you Mayer's catalogue of the zodiacal stars. The re- searches of the natural philosophers of Europe seem mostly in the field of chemistry, and here, principally, on the subjects of 364 JEFFERSOBT'S WORKS. air and fire. The analysis of these two subjects, presents to us very new ideas. When speaking of the "BibUothdque Physico- osconomique," I should have observed, that since its publication, a man in this city has invented a method of moving a vessel on the water, by a machine worked within the vessel. I went to see it. He did not know himself the principle of his own inven- tion. It is a screw with a very broad thin worm, or rather it is a thin plate with its edge applied spirally round an axis. This, being turned, operates on the air, as a screw does, and may be literally said to screw the vessel along ; the thinness of the me- dium, and its want of resistance, occasion a loss of much of the force. The screw, I think, would be more effectual if placed below the surface of the water. I yery much suspect that a countryman of ours, Mr. Bushnel of Coimecticut, is entitled to the merit of a prior discovery of this use of the screw. I re- member to have heard of his subjnarine navigation during the war, and, from what Colonel Humphreys now tells r^e, I con- jecture that the screw was the power he used.- He joined to this a machine for exploding under water at a given moment. If it were not too great a liberty for a stranger to take, I would ask from him a narration of his actual experiments, with or with- out a communication of his principle, as he should choose. If he thought proper to communicate it, I would engage never to disclose it, unless I could find an opportunity of doing it for his benefit. I thank you for your information as to the great bones found on the Hudson river. I suspect that they must have been of the same animal with those found on the Ohio ; and, if so, they could not have belonged to any human figm'e, because they are accompanied with tusks of the size, form and sub- stance, of those of the elephant. I have seen a part of the ivory, which was very good. The animal itself must have been much larger than an elephant. Mrs. Adams gives me an account of a flower found in Connecticut, which vegetates when suspended in the air. She brought one to Europe. What can be this flower ? It would be a curious' present to this continent. The accommodation likely to take place between the Dutch OOREESPONDENOE. 365 and the Emperor, leaves us without ; that unfortunate resource for news, which wars, give us. The Emperor has certainly had in view the Bavarian exchange of which you have heard ; but so formidable an opposition presented itself, that he has thought proper to disavow it. The Turks show a disposition to go to war with him, but, if this country can prevail on them to remain in peace, they will do so. It has been thought that the two Imperiar courts have a plan of expelling the Turks from Europe. It is really a pity so charming a country should remain in the hands of a people, ^hose religion forbids the admission of science and the arts among them. We should wish success to the object of the two empires, if they meant to leave the coun- try in possession of the Greek inhabitants. "We might then ex- pect,- once more, to see the language of Homer and Demos- thenes a living language. For I am persuaded the modem Greek would easily get back to its classical models. But this is not intended. They only propose to put the Greeks under other masters : to substitute one set of barbarians for another. Colonel Humphreys, having satisfied you that all attempts would be fruitless here- to obtain money or other advantages for your college, I need add nothing on that head. It is a method of supporting colleges of which they have no idea, though they practice it for the support of their lazy monkish institutions. I have the hoiior to be, with the highest respect and esteem, Sir, your most obedient and most humble servant. TO JOHN ADAMS. Pakis, July 28, 1786. Deae Sih, — ^Your favors of July the 16th and 18th, came to hand the same day on which I had received Baron Thule- meyer's enclosing the ultimate draught for the treaty. As this draught, which was in French, was to be copied into the two instruments which Dr. Franklin had signed, it is finished this 366 JEFFERSON'S WORKS. day only. Mr. Shftrt sets out immediately. I have put into his hands a letter of instructions how to conduct himself, which I have signed, leaving a space above for your signature. The two treaties I have signed at the left hand, Dr. Franklin ha;ving informed me that the signatures are read backwards. Besides the instructions to Mr. Short, I signed also a letter to Mr. Dumas, associating him with Mr. Short. These two letters I made out as nearly conformably as I could to your ideas expressed in your letter of the 18th. If anything more be necessary, be so good as to make a separate instruction for them signed by yourself, to which I will accede. I have not directed Mr. Dumas's letter. I have heretofore directed to hini as " Agent for the United States at the Hague," that being the description under which the jour- nals of Congress speak of him. In his last letter to me, is a paragraph from which I conclude that the address I have used is not agreeable, and perhaps may be wrong. Will you be so good as to address the letter to him, and to inform me how to address him hereafter ? Mr. Short carries also the other papers necessary. His equipment for his journey requiring expenses which cannot come into the account of ordinary expenses, such as clothes, &c., what allowance should be made him ? I have supposed somewhere between a. guinea a day, and one thousand dollars a year, which I believe is the salary of a private secretary. This I mean as over and above his tilavelling expenses. Be so good as to say, and I will give him an order on his return. The danger of robbery, has induced me to furnish him with only money enough to carry him to London. You will be so good as to procure him enough to carry him to the Hague, and back to Paris. The confederation of the King of Prussia with some members of the Germanic body, for the preservation of their constitution, is, I think, beyond a doubt. The Emperor has certainly com- plained of it in, formal commimications at several courts. By what can be collected from diplomatic conversation here, I also conclude it tolerably certain, that the Elector of Hanover has been invited to accede to the confederation, and has done, or is OOERESPONDENOE. 357 doing so. You will have better circumstances, however, on the spot, to form a just judgment. Our matters with the first of these pow:ers being now in conclusion, I wjsh it was so with the Elector of Hanover. I conclude, from the general express- ions in your letter, that little may be expected. Mr. Short fur- nishing so safe a conveyance that the trouble of the cypher may be dispensed with, I will thank you for such details of what has passed, as may not be too troublesome to you. The difficulties of getting books into Paris delayed for some time my receipt of the Corps diplomatique left by Dr. Franklin. Since that, we have been engaged with expediting Mr. Short. A huge packet also, brought by Mr. Mazzei, has added to the causes which have as yet prevented me from examining Dr. Franklin's notes on the Barbary treaty. It shall be one of my first occupations. Still the possibility is too obvious that we may run counter to the instructions of Congress, of which Mr. •Lambe is said to be the bearer. There is a great' impatience in America for these treaties. I am much distressed between this impatience and the known will of Congress, on the one hand, and the uncertainty of the details committed to this tardy ser- vant. The Duke of Dorset sets out for London to-morrow. He says he shall be absent two months. There is some whisper that he will not return, and that Lord Carmarthen wishes to come here. I am sorry to lose so honest a man as the Duke. I take the liberty to ask an answer about the insurance of Hou- don's life. Congress is not likely io adjourn this summer. They have passed an ordinance for selling their laiids. I have not received it. What would you 'think of the enclosed draught to be proposed to the courts of London and Tersailles? I would add Madrid and Lisbon, but that they are still more desperate than the others. I know it goes beyond our powers, and beyond the powers of Congress too ; but it is so evidently for the good of all the States, that I should not be afraid to risk myself on it, if you are of the 368 JEFFEESOK'S WORKS. same opinion. Consider it, if you please, and give me your thoughts on it by Mr; Short ; but I do not communicate it to him, nor any other mortal living but yourself. Be pleased to present me in the most friendly terms to the ladies, and believQ me to be, with great esteem,- Dear Sir, your friend and servant. TO THE BARON DE THULEMEYEB. Paeis, July 28, 1185. SiE, — I was honored with the receipt of yoUr letter on the 24th instant, together with the French draught of the treaty proposed. As it ultimately meets his Majesty's approbation, Dr. Franklin, our colleague, having assisted us through the progress of this business, we were desirous he also should join in the ex- ecution. Duplicate instruments were therefore prepared, each divided into two columns, in one of which we entered the Eng- lish form as it has been settled between us, leaving the other blank to receive the French, which we expected from you. In this state the Doctor, before his departure, put his signature and seal to the two instruments. We have since put into the blank column the French form received from you verbatim. As we thought that such instruments should not be trusted out of con- fidential hands, and the bearer thereof, William Short, Esq., heretofore a member of the Council of State in Virginia, hap- pened to be in Paris, and willing to give us his assistance herein, they are delivered into his hands with other necessary papers, according to an arrangement previously made between Mr. Ad- ams, Dr. Franklin and myself. He will proceed to London to obtain Mr. Adams's signature, and thence to the Hague, where we have, according to your desire, associated Mi-. Dumas with him to concur with you in the final execution. It is with sin- gular pleasure I see this connection formed by my country with a sovereign whose character gives a lustre to aU the transactions OORKESPONDENOE. 369 of which he makes part. Give me leave to recommend Mr. Short to your notice. His talents and merits are such as to.have placed him, young as he is, \n the Supreme Executive Council of Virginia, an office which he relinquished to visit Europe. The letter to Baron Steuben shall be taken care of. I have the honor to be, with sentiments of the highest respect, Sir, your most obedient and most humble servant. TO MESSRS. N. AND J. VAN sTAPHOHST Amsterdam. Pakis, July 30, 1785. Gentlemen, — ^I received yesterday your favor of the 25th. Supposing that the funds which are the object of your enquiry, are those which constitute What we call our domestic debt, it is my opinion that they are absolutely Secure : I have no doubt at all but that they will be paid, with their interest at six per cent. But I cannot say that they are as secure and solid as the funds wJiich constitute our foreign debt ; because no man in America ever entertained a doubt that our foreign debts is to be paid fully ; but some people in America have seriously contended, that the certificates, and other evidences of our domestic debt, ought to be redeemed only at what they have cost the holder ; for I must observe to you, that these certificates of domestic debt, having as yet no provision for the payment of principal or interest, and the original holders being mostly needy, have been sold at a very great discount. When I left America (July, 1784, ) they sold, in dif- ferent States, at from 15s. to 2s. 6d. in the pound ; and any amount of them might then have been purchased. Hence some thought that full justice would be done, if the public paid the purchasers of them what they actually paid for them, and interest on that. But this is very far from being a general opinion ; a very great majority being firmly decided that they shall be paid fully. Were I the holder of any of them, I should not have the least fear of their full payment. There is also a difference between different VOL. I. 24 870 JEFFEKSON'S "WORKS. species of certificates ; some of them being receivable in taxes, others having the benefit of particular assurances, &c. Again, some of these certificates are for paper money debts. A decep- tion here must be guarded against. Congress ordered all such to be re-settled by the depreciation tables, and a new certificate to be given in exchange for them, expressing their value in real money. But all have not yet been re-settled. In short, this is a science in which few in America are expert, and no person in a foreign country can be so. Foreigners should therefore be sure that they are well advised, before they meddle with them, or they may suffer. If you will reflect with what degree of success per- sons actually in America could speciolate in the European funds, which rise and fall daily, yoii may judge how far those in Eu- rope may do it in the American funds, which are more variable from a variety of causes. I am not at all acquainted with Mr. Daniel Parker, further than having once seen him in Philadelphia. He is of Massa- chusetts, I believe, and I am of Virginia. His circumstances are utterly imknown to me. I think there are few men in America, if there is a single one, who could command a hundred thou- sand pounds' sterling worth of these notes, at their real value. At their nominal amount, this might be done perhaps with twen- ty-five thousand pounds sterling, if the market price of them be as low as when I left America. I am, with very great respect, Gentlemen, your most obedient humble servant. TO JOHN ADAMS. Paris, July 31, 1785. Dear Sir, — I was honored yesterday with yours of the 24th instant. When the first article of our instructions of May 7th, 1784, was imder debate in Congress, it was proposed that neither party should make the other pay, in their ports, greater duties. OORRESPONDENOE. 871 than they paid in the ports of the other. One objection to this was, its impracticabiUty ; another, that it would put it out of our power to lay such duties on alien importation as might encourage importation by natives. Some members, much attached to Eng- lish policy, thought such a distinction should actually be estab- lished. Some thought the power to do it should be reserved, in case any peculiar circumstances should call for it, though under the present, or, perhaps, any probable circumstances, they did not think it would be good policy ever to exercise it. The foot- ing gentis amicissimcB was therefore adopted, as you see in the instruction. As far as ihy enquiries enable me to judge, France and Holland make no distinction of duties between aliens and natives. I also rather believe that the other States of Europe make none, England excepted, to whom this policy, as that of her navigation act, seems peculiar. The question then is,- should we disarm ourselves of the power to make this distinction against all nations, in order to purchase an exception from the alien du- ties in England only ; for if we put her importations on the foot- ing of native, all other nations with whom we treat will have a right to claim the same. I think we should, because against other nations, who make no distinction in their ports between us and their own subjects, we ought not to make a distinction in ours. And if the English will agree, in like manner, to make none, we should, with equal reason, abandon the right as against them. I think all the world would gain, by setting commerce at perfect liberty. I remember that when we were digesting the general form of our treaty, this proposition to put foreigners and natives on the same footing was considered ; and we were all three, Dr. Franklin as well as you and myself, in favor of it. We finally, however, did not admit it, partly from the objection you mention, but more still on account of our instructions. But though the English proclamation had appeared in America at the time of framing these instructions, I think its effect, as to alien duties, had not yet been experienced, and therefore was not at- tended to. If it had been noted in the debate, I am sure that the annihilation of our whole trade would have been thought too 372 JEFFERSON'S WORKS. great a price to pay for the reservation of a barren power, which a majority of the members did not propose ever to exercise, though they were willing to retain it. Stipulating for equal rights to foreigners and natives, we obtain more in foreign ports than our instructions required, and we only part with, in our own ports, a power of which sound policy would probably for- ever forbid the exercise. Add to this, that our treaty will be for a very short term, and if any evil be experienced under it, a re- formation will soon be in our power. I am, therefore, for putting this among our original propositions to the court of London. If it should prove an insuperable obstacle with them, or rf it should stand in the way of a greater advantage, we can but aban- don it in the course of the negotiation. In my copy of the cypher, on the alphabetical side, numbers are wanting from " Denmark" to " disc" inclusive, and from " gone" to "governor" inclusive. I suppose them to have been omitted in copying ; will you be so good as to send them to me from yours, by the first safe conveyance ? With complunents to the ladies, and to Colonel Smith, I am, dear Sir, your friend and servant;* TO MB. WM. SHORT.f July, 1785. SiK, — ^A treaty of amity and commerce between the United States of America and his majesty the King of Prussia having been arranged with the Baron de Thulemeyer, his majesty's en- voy extraordinary at the Hague, specially empowered for this [* The original of this letter -was in cypher. But annexed to the copy in cypher, is the above literal copy by the author.] [f Mr. Short was Mr. Jefferson's private secretary. The propositions of our min- isters for commercial treaties, were received with coldness by all the European pow- ers except Prussia, Denmark, and Tuscany. Frederick met their propositions cor- dially, and a treaty was soon concluded with his minister at the Hague. With Den- mark and Tuscany our own ministers, from considerations of policy, protracted tha negotiations until their powers expired. — Ed.] OORRESPONDEKCE. 873 purpose, and it being inconsistent with our other duties to repair to that place ourselves for the purpose of executing and exchang- ing the instruments of treaty^ we hereby appoint you special secretary for that purpose. You receive from Colonel Humphries, secretary of our lega- tion, the original of our full powers, and a copy of the same at- tested by him, heretofore communicated to us by the Baron de Thulemeyer, and the two instruments of treaty awarded between us, each in two columns, the one in English and the other in French, equally originals. From us you receive a letter to Charles Dumas, Esq., for the United States at the Hague, associating him with ypu in the object of your mission. You will proceed immediately to the Hague, and being arrived there, will deliver the letter to Mr. Dumas, and proceed conjunct- ly with him in the residue of your business, which is to be exe- cuted there. The original of our full powers is to be exhibited to the pleni- potentiary of his majesty the King of Prussia, and the attested copy is to be left with him, you taking back the original. You will in like manner ask an exhibition of the original of his full powers, and also a copy duly attested : you will compare the copy with the original, and, being satisfied of its exactness, you will return the original and keep the copy. That you may be umder no doubt whether the full powers exhibited to you be sufficient or not, you receive from Colonel Humphries those which the Baron de Thulemeyer heretofore sent to us ; if those which shall be exhibited agree with these in form or substance, they will be sufficient. The full powers being approved on each side and exchanged, you will obtain the signature and seal of the Prussian plenipo- tentiary to the two instruments of treaty with which you are charged, and yourself and Mr. Dumas will attest the same. One of these original instruments wiU remain in the hands of the Prussian plenipotentiary, the other you will retain. You will ask that the ratification of his majesty the King of Prussia be made known to us as soon as it shall have taken 374 JEPFERSOK'S WORKS. place, giving an assurance on our part that that of Congress shall also be communicated as soon as it shall have taken place ; when both ratifications shall be known, measures may be con- certed for exchanging them. You will confer with the said plenipotentiary on the expediency of keeping this treaty uncom- municated to the public until the exchange of ratifications agree accordingly. You will then return to Paris, and redeliver to the secretary of our legation, our original full powers, the copies of those of Prussia before-mentioned, and the original instrument of the treaty which you shall -faave retained. TO M. DE CASTEIES. Paeis, August 3, 1785. Sm, — The enclosed copy of a letter from Captain John Paul Jones, on the subject on which your Excellency did me the honor to write me, on the day of July, will inform you that there is still occasion to be troublesome to you. A Mr. Puchilberg, a merchant of L'Orient, who seems to have kept himself unknown till money was to be received, now presents powers to receive it, signed by the American officers and crews ; and this produces a hesitation in the person to whom your order was directed. Con- gress, however, having substituted Captain Jones, as agent, to solicit and receive this money, he having given them security to forward it, when received, to their treasury, to be thence distrib- uted to the claimants, and having at a considerable expense of time, trouble, and money, attended it to a conclusion, are circum- stances of weight, against which Mr. Puchilberg seems to have nothing to oppose, but a nomination by individuals of the crew, under which he has declined to act, and permitted the business to be done by another without contradiction from him. Against him, too, it is urged that he fomented the sedition which took place among them ; that he obtained this nomination from them while their minds were imder ferment ; and that he has given ^ OOEEESPONDBNOE. 375 no security for the faithful payment of the money to those en- titled to it. I will add to these, one more circumstance which appears to render it impossible that he should es^ecute this trust. It is now several years since the right to this money arose. The persons in whom it originally vested were probably from different States in America. Many of them must be now dead ; and their rights passed on to their representatives. But who are their representa- tives ? The laws of some States prefer one degree of relations, those of others prefer another, there being no uniformity among the States on this point. Mr. Puchilberg, therefore, should know which of the parties are dead ; in what order the laws of their respective States call their relations to the succession ; and, in every case, which of those orders are actually in existence, and entitled to the share of the deceased. With the Atlantic Ocean between the principals and their substitute, your Excellency will perceive what an inexhaustible source of difficulties, of chicanery, and delay, this might furnish to a person who should find an in- terest in keeping this money, as long as possible, in his own hands. Whereas, if it be lodged in the treasury of Congress, they, by an easy reference to the tribunals of the different States, can have every one's portion immediately rendered to himself, if living ; and if dead, to such of his relations as the laws of his particular State prefer, and as shall be found actually living. I the rather urge this course, as I foresee that it will relieve your Excellency from numberless appeals, which these people will continually be making from the decisions of Mr. Puchilberg ; appeals likely to perpetuate that trouble of which you have al- ready had too much, and to which I am sorry to be obliged to add, by asking a peremptory order for the execution of what you were before pleased to decide on this subject. I have the honor to be, with sentiments of the most perfect respect, your Excellency's most obedient, and most humble ser- vant. 376 JEFFERSON'S WORKS. TO JOHN ADAMS. Paeis, August 6, 11S5. Dear Sir, — ^I now enclose you a draught of a treaty for the Barbary States, together wfth the notes Dr. Franklin left me. I have retained a press copy of this draught,, so that by referring to any article, line and word, in it, you can propose, amendments, and send them by the post, without anybody's being able to make much of the main subject. I shall be glad to receive any alterations you may think necessary, as soon as convenient, that this matter may be in readiness. I enclose also a letter contain- ing intelligence from Algiers. I know not how far it is to be re- lied on. My anxiety is extreme indeed, as to these treaties. We know that Congress have decided ultimately to treat. We know how far they will go. But unfortunately we know also, that a particular person ha§ been charged with instructions for us, these five months, who neither comes nor writes to us. What are we to do ? It is my opinion, that if Mr. Lambe does not come ia either of the packets (English or French) now expected, we ought to proceed. I therefore propose to you this term, as the end of our expectations of him, and that if he does not come, we send some other person. Dr. Bancroft or Captain Jones oc- curs to me as the fittest. If we consider the present object only, I think the former would be the most proper ; but if we look forward to the very probable event of war with those pirates, an important object would be obtained by Captain Jones' becoming acquainted with their ports, force, tactics, &c. Let me know your opinion on this. I have never mentioned it to either, but I suppose either might be induced to go. Present me afiisctionately to the ladies and Colonel Smith, and be assm-ed of the sincerity with which I am, dear Sir, your friend and servant. TO DR. PRICE. Paeis, August 1, 1785. Sir, — Your favor of July the 2d came duly to hand. The concern you therein express as to the eflfect of your pamphlet in OORKESPONDEFOE. 377 America, induces me to trouble you with some observations on that subject. From my acquaintance with that country, I think I am able to judge, with some degree of certainty, of the manner in which it will have been received. Southward of the Chesapeake, it will find but few readers concurring with it in sentiment, on the subject of slavery. From the mouth to the head of the Chesa- peake, the bulk of the people will approve it in theory, and it will find a respectable minority ready to adopt it in practice ; a minority, which for weight and worth of character, preponder- ates against the greater number,, who hav« not the courage to divest their families of a property, which, however, keeps their conscience unquiet. Northward of the Chesapeake, you may find, here and there, an opponent to your doctrine, as you may find, here and there, a robber and murderer ; but in no greater number. In that part of America, there being but few slaves, they can easily disencumber themselves of them ; and emancipa- tion is put into such a train, that in a few years there will be no slaves northward of Maryland. In Maryland, I do not find such a disposition to begin the redress of this enormity, as in Virginia. This is the next State to which we may turn our eyes for the in- teresting spectacle of justice, in conflict with avarice and oppress- ion ; a conflict wherein the sacred side is gaining daily recruits, from the influx into ofiice of yoimg men grown, and growing up. These have sucked in the principles of liberty, as it were, with their mother's milk ; and it is to them I look with anxiety to turn the fate of this question. Be not therefore discouraged. What you have written will do a great deal of good ; and could you still trouble yourself with our welfare, no man is more able to give aid to the laboring side. The College of William and Mary, in Williamsburg, since the re-modelling of its plan, is the place where are collected together all the young men of Virginia, under preparation for public life. They are there under the direction (most of them) of a Mr. Wythe, one of the most vir- tuous of characters, and whose sentiments on the subject of slavery are unequivocal. I am satisfied, if you could resolve to 378 JEFFERSON'S WORKS. address an exhortation to those young men, with all that elo- quence of which you are master, that its influence on the future decision of this important question would be great, perhaps deci- sive. Thus you see, that, so far from thinking you have cause to repent of what you have done, I wish you to do more, and wish it, on an assurance of its effect. The information I have received from America, of the reception of your pamphlet in the different States, agrees with the expectations I had formed. Our country is getting into a ferment against yours, or rather has caught it from yours. God knows how this will end ; but assuredly in one extreme or the other. There can be no medium between those who have loved so much. I think the decision is in your power as yet, but will not be so long. I pray you to be assured of the sincerity of the esteem and respect with which I have the honor to be, Sir, your most obedient humble servant. TO JOHN ADAMS. Paris, August 10, 1785. Dear Sib, — ^Your favor of the 4th instant came to hand yes- terday. I now enclose you the two Arrets against the importa- tion of foreign manufactures into this kingdom. The cause of the balance against this country, in favor of England, as well as its amount, is not agreed on. No doubt the rage, for English manufactures must be a principal cause. The speculators in~ ex- change say also that those of the circumjacent countries who have a balance in their favor against France, remit that balance to England from France. If so, it is possible that the English may count this balance twice ; that is, in summing their exports to one of these States, and their imports from it, they count the difference once in their favor, then a second time when they simi the remittances of cash they receive from France. There has been no Arret relative to our commerce since that of August, CORKESPONDENOE. 379 1784. And all the late advices from the French West Indies are, that they have now in their ports always three times as many vessels as there lever were before, and that the increase is principally from our States. I have now no further fears of that Arrefs standing its ground. , When it shall become firm, I do not think its extension desperate. But whether the placing it on the firm basis of treaty be practicable, is a very different ques- tion. As far as it is possible to judge from appearances, I con- jecture that Crawford will do nothing. I infer this from some things in his conversation, and from an expression of the Coimt de Vergennes in a conversation with me yesterday. I pressed upon him the importance of opening their ports freely to us in the moment of the oppressions of the English regulations against us, and perhaps of the suspension of their commerce. He ad- mitted it, but said we had free ingress with our productions. I enumerated them to him, and showed him on what footing they were, and how they might be improved. We are to have further conversations oh the subject. I am afraid the voyage to Fon- tainebleau will interrupt them. From the inquiries I have made, I find I cannot get a very small and indifferent house there for the season, (that is, for a month,) for less than one hundred or one hundred and fifty guineas. This is nearly the whole salary for the' time, and would leave nothing to eat. I therefore can- not accompany the court thither, but I will endeavor to go there occasionally from Paris. They tell me it is the most favorable scene for business with the Count de Vergennes, because he is then more abstracted from the domestic applications. Count d'Aranda is not yet returned from the waters of Vichy. As soon as he returns, I will apply to him in the case of Mr. Watson. I will pray you to insure Houdon's life from the 27th of last month till his return to Paris. As he was to stay in America a month or two, he will probably be about six months absent ; but the three per cent, for the voyage being once paid, I suppose thay will insure his life by the month, whether his absence be longer or shorter. The sum to be insured is fifteen thousand livres tournois. If it be not necessary to pay the money imme- 380 JEFFERSON'S WOEKS. diately, there is a prospect of exchange hecoming more favora- ble. But whenever it is necessary, be so good as to procure it by selling a draft on Mr. Grand, which I will take care shall be honored. With compliments to the ladies, I am, dear Sir, your friend and servant. TO JOHN JAY. Paris, August 14, 1785. Sir, — I was honored, on the 22d ultimo, with the receipt of your letter of June the 15th ; and delivered the letter therein en- closed, from the President of Congress to the King. I took an opportunity of asking the Count de Vergennes, whether the Chev- alier Luzerne proposed to retm-n to America ? He answered me that he did ; and that he was here, for a time only, to arrange his private affairs. Of course, this stopped my proceeding further, in compliance with the hint in your letter. I knew that the Chevalier Luzerne still retained the character of minister to Con- gress, which occasioned my premising the question I did. But, notwithstanding the answer, which indeed was the only one the Count de Vergennes could give me, I believe it is rjot expected that the Chevalier will return to vlmerica : that he is waiting an appointment here, to some of their embassies, or some other pro- motion, and in the meantime, as a favor, is permitted to retain his former character. Knowing the esteem borne him in America, . I did not suppose it would be wished that I should add anything which might occasion an injury to him ; and the rather, as I pre- sumed that at this time, there did not exist the same reason for wishing the arrival of a minister in America, which, perhaps, existed there at the date of your letter. Count Adhemar is just arrived from London, on account of a paralytic disease with which he has been struck. It does not seem improbable that his place will be supplied, and perhaps by the Chevalier de la Luzerne. COREESP-ONDENOE. 381 A French vessel has lately refused the salute to a British armed vessel in the channel. The charge des affaires of Great Britain, at this court, (their amhassador having gone to London a few days ago,) made this the subject of a conference with the Count de Vergennes, oh Tuesday last. He told me that the Count ex- plained the transaction as the act of the individual master of the French vessel, not founded in any public orders. His earnest- ness, and his endeavors to find terras sufficiently soft to express the Count's explanation, had no tendency to lessen any doubts I might have entertained on this subject. I think it possible the refusal may have been by order : nor can I believe that Great Britain is in a condition to resent it, if it was so. In this case, we shall see it repeated by France ; and her example will then be soon followed by other nations. The news-writers bring to- gether this circumstance, with the departure of the French am- bassador from London, and the English ambassador from Paris, the mancEUvring of a French fleet just off the channel, the collecting some English vessels of war in the channel, the failure of a com- mercial treaty between the two countries, and a severe Arret here against English manufactures, as foreboding war. It is possible that the fleet of manoeuvre, the refusal of the salute, and the Eng- lish fleet of observation, may have a connection with one another. But I am persuaded the other facts are totally independent of these, and of one another, and are accidentally brought together in point of time. Neither nation is in a condition to go to war : Great Britain, indeed, the least so of the two. The latter power, or rather, its monarch, as Elector of Hanover, has lately confeder- ated with the King of Prussia and others of the Germanic body, evidently in opposition to the Emperor's designs on Bavaria. An alliance, too, between the Empress of Russia and the republic of Yenice, seems to have had him in view, as he had meditated some exchange of territory with that republic. This desertion of the powers heretofore thought friendly to him, seems to leave no issue for his ambition, but on the side of Turkey. His demarka- tion with that country is still misettled. His difference with the Dutch is certainly agreed. The articles are not yet made public ; 382 JEFFERSON'S WOEES. perhaps not. quite adjusted. Upon the whole, we may count on another year's peace in Europe, and that our friends will not, within that time, be brought into any embarrassments, which might encourage Great Britain to be difficult in settling the points still unsettled between us. You have, doubtless, seen in the papers, that this court was sending two vessels into the south sea, under the conduct of a Captain Peyrouse. They give out, that the object is merely for the improvement of our knowledge of the geography of that part of the globe. And certain it is, that they carry men of eminence in different branches of science. Their loading, however, as de- tailed in conversations, and some other circumstances, appeared to me to indicate so^^e other design : perhaps that of colonizing on the western coast of America ; or, it may be, only to establish one or more factories there, for the fur trade. Perhaps we may be little interested in either of these objects. But we are inter- ested in another, that is, to know whether they are perfectly weaned from the desire of possessing continental colonies in America. • Eventsmight arise, which would render it very desi- rable for Congress to be satisfied they have no such wish. If they would desire a colony on the western side of America, I should not be quite satisfied that they would refuse one which should offer itself on the eastern side. Captain Paul Jones being at L'Orient, within a day's journey of Brest, where Captain Pey- rouse's vessels lay, I desired him, if he could not satisfy himself at L'Orient of the nature of this equipment, to go to Brest for that purpose : conducting himself so as to excite no suspicion that we attended at all to this expedition. His discretion can be relied on, and his expenses for so short a jom-ney, wiU be a trifling price for satisfaction on this point. I hope, therefore, that my undertaking that the expenses of his journey shall be reimbursed him will not be disapproved. A gentleman, lately arrived from New York, tells me he thinks it will be satisfactory, to Congress to be informed of the effect produced here by the insult of Longchamps on Monsieur de Mar- bois. Soon after my arrival in France last sunomer, it was the OOKPvESPONDEE'CE. 383 matter of a converssation between the Count de Vergennes and myself. I explained to him the effect of the judgment against Longchamps. He did not say that it was satisfactory, but neither did he say a word from which I could collect that it was not so The conversation was not official, because foreign to the character in which I then was. He has never mentioned a word on the subject to me since, and it was not for me to introduce it at any time. . I have never once heard it mentioned in conversation, by any person of this country, and have no reason to suppose that there remains any imeasiness on the subject. I have indeed been told, that they had sent orders to make a formal demand of Long- champs from Congress, and had immediately countermanded these orders. You know whether this be true. If it be, I should sus^ pect the first orders to have been surprised from them by some exaggeration, and that the latter was a correction of their error, in the moment of further reflection. Upon the whole, there cer- tainly appears to me no reason to urge the State, in which the fact happened, to .any violation of their laws, nor to set a prece- dent which might hereafter be used in cases more interesting to us than the late one. In a late conversation with the Count de Vergennes, he asked me if the condition of our finances was improving. He did not make an application of the question to the arrearages of their in- terest, though perhaps he meant that I should apply it. I told him the impost still found obstacles, and explained to him the efiects which I hoped from our land office. Your letter of the 15th of April, did not come to hand till the 27th ultimo. I en- close a letter from Mr. Dumas to the President of Congress, and accompany the present with the Leyden Gazette and Gazette of France, from the date last sent you to the present time. I have the honor to be, with high esteem. Sir, your most obe- dient, and most humble servant. 384 JEFFERSON'S WORKS. TO JOHN JAY. Paris, August 14, 1785. Sir, — The letter of June 18th, signed by Dr. Franklin and myself, is the last addressed to you from hence on the objects of the general commission. As circumstances rendered it necessary that the signature of the Prussian treaty, whenever it should be in readiness, should be made separately, the intervention of a person of confidence beiween the Prussian Plenipotentiary and us became also requisite. His office would be to receive the duplicates of the treaty here, signed by Dr. Franklin and myself, to carry them to London to Mr. Adams, and to the Hague to Baron Thulemeyer for their signatures. Moreover, to take hence the original of our full powers to show to Baron Thulemeyer, and the copy of his which he has before communicated to us, to ask from him a sight of the original, to compare the copy with it, and certify the latter to be true. Mr. Adams, Dr. Franklin, and myself, therefore, had concluded to engage Mr. Short (a gentleman of Virginia who lives with me at present) to transact this business, and to. invest him with the character of Secretary pro hac vice, in order that his signature of the truth of the copy of Baron Thulemeyer's full powers might authenticate that copy. On the receipt of the letter No. 1, therefore, from that minister, Mr. Short set out hence with the necessai-y papers. By a letter lately received from him, I expect he left London for the Hague about the 10th instant, and that the treaty is ultimately executed by this time. In reppect to the desire expressed by Baron Thulemeyer in his letter, we associated Mi-. Dumas with Mr. Short to assist in the exchange of signatures and other ceremonies of execution. We agreed to bear JMi'. Short's expenses, and have thought that a guinea a day (Sundays excluded) would be a proper compensation for his trouble and the necessary equip- ments for his journey, which could not enter into the account of travelling expenses. I hope by the first safe conveyance to be able to forward to you the original of the treaty. No 2 is my OOR.KESPONDENOE. 385 answer to Baron Thulemeyer's letter, No. 3 our instructions to Mr. Short, and No. 4 letter to Mr. Dumas. • Mr. Lambe's delay gives me infinite unneasiness. You will see by the inclosed papers, Nos. 5, 6, and 7, sent me by Mr. Carmichael, that the Einperor of Morocco, at the instance of the Spanish Court,- has delivered up the crew of the Betsey. No. 8, also received from Mr, Carmichael, is a list of the articles given the ^Emperor of Morocco the last year by the States General. It is believed that the Spanish negociator at Algiers has con- cluded a peace with that State, and has agreed to give them a million of dollars, besides g. very considerable quantity of things in kind. The treaty meets with difficulties in the ratification, — perhaps the exorbitance of the price may occasion them. Rumors are spread abroad that they are pointing then prepara- tions at us. The enclosed paper, No. 9, is the only colorable evidence of this which has come to ray knowledge. I have proposed to Mr. Adams that if Mr. Lambe does not come either- in the French or English packet, then (August 6) next Expected, to send some person immediately to negotiate these treaties, on the presumption that Mr. Lambe's purpose has been changed. We shall still be at a loss for the instructions of which he is said to have been the bearer. I expect Mr. Adams's answer on this sitbject. I have the honor to be, with sentiments of the highest respect and esteem. Sir, your most obedient, and most humble servant. TO THE COtINT DE VERGENNES. Paeis, August 16, ■1'786. giKj ^In the conversation which I had the honor of haying with your Excellency, a few days ago, on the importance ol placing, at this time, the commerce between France and Ame- rica on the best footing possible, among other objects of this commerce, that of tobacco was mentioned, as susceptible of VOL. I. ^^ JEFFEKSON'S WORKS. greater encouragement and advantage to the two nations. ' Al- ways distrusting what I say in a knguage I speak, so imper- fectly, I will beg your ■ permission to state, in English, the sub- stance of what I had then the honor to observe,, adding some more particular details for your consideration. I find the consumption of tobacco in France estimated at from fifteen to .thirty millions of pormds; The most probable estimate, however, places it at twenty-four millions. This costing eight sous the pound, deKvered in a port of France, amounts- to . . . 9,600,000 livres. Allo:w six sous a pound, as the average cost of the different manu- factures . . . : 7,200,000 The revenue which the .King derives from this, is something less than 30,000;000 Which would make the cpst of the whole. . .... . 46,800,000 But it is sold to the consumers at an average of three livres the pound . • . . . . . . ' . . . . "72,000,000 There remain, then, for the expenses of collection . . . 25,200,000 livres. This is within a sixth as much as the King receives, and so gives nearly one half for collecting tlie other. It would be presumption in me, a stranger, to suppose my numbers perfectly accurate. I have taken them from . the best and most disinter- ested aitithorities I could find. Your Excellency will know how far they are wrong; and should you find them considerably wrong, yet I am persuaded you will find, after strictly correcting them, that the collection of this branch of the revenue still absorbs too much. My apology for making these remarks will, I hope, be found in my wishes to improve the commerce between the two nations, and the interest which my own country will derive froto this improvement. The monopoly of the purchase of tobacco in France discourages both the French and American merchant from bringing it here, and from taking in exchange the manu- factures and productions of France. It-is contrary to the spirit of trade, and to the dispositions of merchants, to carry a com- modity to any market where but one person is allowed to buy it. OOR.KESPONDENOE. 387 and where, of course, that person fixes its price, which the seller must receive, or re-export his commodity, at the loss of his voy- age thither; Experience accordingly shows, that they. carry it to other markets,, and that they take in exchange the merchan- dise of the place where they deliver it. I am misinformed, if France has not been furnished from a neighboring nation with considerable ..quantities of tobacco since the peace, and been obliged to pay there in coin, what might have'been paid here in manufactUrps,, had the French and American merchants brought the tobacco' originally here. . I suppose, too., that the purchases made by the Farmers Oeneral, in America, are paid for chiefly in coiri, which coin is also remitted directly hence to England, and makes an important part of the balance supposed to be in favor of that nation against this. Should the Farmers General, by themselves, or by the company to whom they may commit the procuring these tobaccos from America, require, for the' satis- faction of government on this head, the exportation of a propor- tion of merchandise in exchange for them, it would be an im- promising, expedient. It would only commit the exports, as well as imports, between Fraiice and America,, to a monopoly, which, being secure against rivals in the sale of the merchandise of France, would not be likely to sell at such moderate price? as might encourage its consumption there, and enable it to bear a competition with similar articles from other countries. I am per- suaded this exportation of coin may. be prevented, and that of commodities effected, by leaving both operations to the French and American merchants, instead of the Farmers General; They will import a sufficient quantity of tobacco, if they are allowed a perfect freedom in the. sale ; and they will receive in^payment, wines, oils, brandies, and manufactures, instead of coin ; forcing each other, by their competition, to bring tobaccos of the best qu'ality ; to give to the French manufacturer the full worth of his merchandise, and to sell to the American consumer at the lowest price they can afford ; thus encouraging him to use, in preference, the merchandise of this country. It is not necessary that this exchange should be favored by 388 JEFFEESON'S WORKS. any loss of revenue to the King. I do not mean to urge any- thing which shall injure either his Majesty or his people. On the contrary, the measure I have the honor of proposing, will increase his revenue, while it places both, the seller and buyer on a better footing. It is not for me to say,- what system of collec- tion may be best adapted to the organization of this government ; nor whether any useful hints may be taken from the practice of that country, which has heretofore been the principal entrepot for this commodity. Their system is simple, and little expensive. The importer, there, pays the whole duty to the King ; and as this would be inconvienient for him to do before he has sold his tobacco, he is permitted, on arrival, to deposit it iii the King's warehouse, under the locks of the King's officer. As soon as he has sold it, he goes with the purchaser to the warehouse, the money is. there divided between the King and him, to each his proportion, and the purchaser takes out the tobacco. The pay- ment of the King's duty is thus ensured in ready money. What is the expense of its collection, I cannot say j but it certainly need not exceed six livres a hogshead of one thousand pounds. That gof ernment levies a higher duty on tobacco than is levied here. Yet so tempting and so valuable is the perfect liberty of sale, that the merchant carries it there, and finds his account in doing so. If, by a sihiplification of the collection of the King's duty on tobacco, the cost of that collection can be reduced even to five per cent., or a million and a half, instead of twenty-five milUons ; the price to the consumer will be reduced from three to two livres the potind. For thus I calculate : The cost, manufacture, and revenue, on twenty-four million pounds of tobacco being (as before stated) 46,800,000 Jivres. Five per cent, on thirty millions of livres, expenses of collection 1,600,'000 Give what the consumers would pay, being about two livres a. • pound ... 48,-300,000 But they pay at present three livres a pound .... 72,000,000 The difference is ... , 23,700,000 The price, being thus reduced one-third, would be ■ brought CORRESPONDENOE. 389 within the reach of a new and numerous circle of the people, who cannot, at present, afford themselves this luxury. The con- sumption, then, would probably increase, and perhaps, in the same if not a greater proportion, with the reduction of thfe price ; that is to say, from twenty-four to thirty-six millions of pounds ; and the King, continuing to receive twenty-five sous oh the 'pound, as at present, would receive forty-five instead of thirty millions of livres, while his subjects would pay but two livres for an ob- ject which has heretofore cost them three. Or if , in event, the consumption were not to be increased, he would levy only forty- eight millions on his people, where seventy-two tnillions are now levied, and' would leave twenty-four milhons in their pockets, either to remain there, or to be levied in some other form, should the state of revenue require it. It wiU enable his subjects, also, to dispose of between nine and ten^ millions worth of their pro- duce and manufactures, instead of sending nearly that Sum an- nually, in coin, to enrich a neighboring nation. I have heard two objections iriade to the suppression of this monopoly. 1. That it might increase the importation of tobac- co in contraband. 3. That it would lessen the abilities of the Farmers General to make qccasiona,l loans of money to the pub- lic treasury. These objections will surely be better answered by those who are better acquainted than I am with the details and circuhistances of the country. With respect to the first, how- ever, I may observe, that contraband does not increase on lessen- ing the temptations to it. It is now encouraged by those wljo engage in it being able to sell f6r sixty sous what cost but four- teen, leaving a gain of forty-six sous. When the price shall be reduced froni sixty to forty sous, the gain will be but twenty- six, that is to say, a little more than one-half of what it is at pre- sent. It does not Seem a natural consequence then, that contra- band should be increased by reducing its gain nearly one-half. As to the second objection, if we suppose (for elucidation and without presuming to fix) the proportion of the farm on toljacco, at -one-eighth of the whole mass farmed, the, abilities of the Farmers , General to lend, will be reduced one-eighth, that is. 390 JEPFERSON'S WOEKB. they can hereafter lend only seven millions, where heretofore they have lent eight. It is to be considered then, whether this eighth (or other proportion, whatever it .be) is w;orth the annual sacrifice of twenty-four millions, or if a much sinaller sacrifice to other, moneyed rnen, will not produce the same loans of money in the ordina;ry way. While the advantages of an increase of revenue to the crown, a diminution of impost on the people, and a payment in mer- chandise, instead of money, are conjectured as likely to result to France from a suppression of the monopoly on tobacco, we have also reason to hope sonie advantages on our part ; and this hope a,lone could justify my entering into the present details. I do not expect this advantage will be by any augmenta-tion of price. The other markets of Europe have too much influence on this article to admit any sensible augmentation of price to take place. But the advantage I principally expect is an increase of consump- tion. This wiU give us a vent for so much more, and, of con- sequence, find employment for so many more cultivators of the earth j and in whatever proportion it increases this production for us, in the same proportion will it procure additional vent for the merchandise of France, and employment for the hands which produce it. I expect, too, that by bringing our merchants here, they would procure a number of cominodities in exchange, better in kind, and cheaper in price, It is with sincerity I add, that warm feelings are indulged in my breast by the further hope, that it would bind the two nations still closer in' friend- ship, by binding them in interest. In truth, no two coimtries are better calculated for the exchanges of commerce. France wants rice, tobacco, potash, furs, and ship-timber. We want wines, brandies, oils, and manufactures. There is an aflfection, too, between the two people, which disposes them to favor one another. If they do not come together, then, to make the ex- changes in their own ports, it shows there is some substantial ob- structions in the way. We have had the benefit of too many proofs of his Majesty's friendly disposition towards the United States, and know too well his affectionate care, of his own sub- OOPvEESPONDEIirOE. ggi jects, to doubt his willingness to remove these obstructions, if they can be Unequivocally pointed, out. It is for his wisdom to decide, whether the monopoly, which is the subject of this letter, be deservedly classed with .the principal of these. It is a great comfort to me, too, that, in presenting this to the ,miad of his Majesty, your Excellency will correct my ideas whfere an insuf- ficient knowledge of facts may have led me into error ; and that, while the interests of the King and of his people are the first objects of your attention, an additional one will be presented by those dispositions toward us, which have heretofore so often be- friended our nation. I avail myself of, this occasion to repeat the assurance of that high respect and esteem, with which I have the honor to be your Elxcellency's most obedient, and most humble servant. TO CAPTAIN JOHN PAUL JONES. Paeis, August \1, iMS. SiK, — Mine of the 13th informed you that I had written to the M. de Castries on the subject of Puchilberg's interference. Yesterday I received his answer dated the 12th. In that he says that he is informed by the Ordonneteur. that he has not been able to get an authentic roll of the crew of the Alliance, and that, in the probable case of there having been some French subjects among them, it will be just that you should give secu- rity to repay their portions, I wrote to hinl this morning, that as you have obliged yourself to transinit the money to the treas- ury of the United States, it does not seem just to require you to be.answerable. for money which will be no longer within your power ; that the repayment of such portions will be incumbent on' Congress ; that I will immediately solicit their orders to have all such claims paid by their banker here; and that, should any be presented before I receive their orders, I will undertake to di- rect the banker of the United States to pay them, that there may 392 JEFFERSON'S WOEKS. be no delay. I trust, that this will remove the difficulty, and that it is the last which will be offered. The ultimate answer shall be communicated the moment I receive it. Having pledged myself for the claims which may be offered before I. receive the orders of Congress, it is necessary to arm myself with the proper checks. Can you give me a roll of the crew, pointing out the . French subjects ? If not, can you recollect personally the French subjects, and name them to me, and the sums they are entitled to ? If there were none such, yet the roll will be;material, be- cause I have no doubt that Puchilberg will excite claims upon me, either true or false. I am, with much respect. Sir, Your most obedient humble servant. TO WILLIAM CARMICHAEL. Paeis, August 18, 1785. Deab Sie, — My last to you was of June the 22d, with a post- script of July the 14th. Yours of June the 27th came to hand the 23d of July, and that of July the 28th came to hand the 10th instant. The papers enclosed in the last shall be communi- cated to Mr. Adams. I see with extreme satisfaction and grati- tude the friendly interposition of the court of Spain with, the Emperor of Morocco on the subject of thebrig Betsey, and I am persuaded it will produce, the happiest effects in America. Those, who are intrusted with the public affairs there, are sufficiently sensible how essential it is for our interest to ciiltivate peace with Spain, and they will be pleased to see a corresponding disposition in that court. The late good office of emancipating a number of our countrymen from slavery is peculiarly calculated. to pro- duce a sensation among our people, and to dispose them to relish and adopt the pacific and friendly views of their leaders ,towards Spain. We hear nothing yet of Mr. Lambe. I have therefore lately proposed to Mr. Adams, that if he does not come in the OOERESPONDENOE. 393 French or English packet of this month, -^ve will wait no longer. If he accedes to the proposition, you will be sure of hearing of, and, perhapsjof seeing some agent proceeding on that business. The immense sum, said to have bfeeii proposed on the part of Spain to Algiers, leaves us little, hope of satisfying their avarice. It may happen, then, that the- interests of Spain and America may call for a concert of proceedings against that State. The dispo- sitions of the Emperor of Morocco give us better hopes there. May not the affairs of the Musquito coast, and our western ports, produce another instance of a common interest? Indeed, I meet this correspondence of interest in so many quarters, that I; look with anxiety to the issue of Mr. Gardoqui's mission, hoping it will .be a removal of the only difficulty at present subsisting between the two nations, oy which is likely to arise. Congress are not likely to adjourn this sununer. They have purchased the Indian right of soil to about fifty millions of acres of land between the Ohio and lakes, and expected to make an- other purchase of an equal quantity. They have, in consequence, passed an ordinance for disposing of their lands, and I think a very judicious one. They propose to sell therii at auction for not less than a dollar an acre, receiving their own certificates of debt as money. I am of opinion, all the certificates of our domestic debt will immediately be exchanged for land. Our foreign debt^ in that case, will soon be discharged. New York and Rhode Is- land still refuse the impost. A general disposition is taking place to commit the whole management of our commerce to Congress. This has been much pronioted by the interested policy of Eng- land, which, it was apparent, could not be counter-worked by the Sta,tes separately. In the meantime, the other great towns ■are acceding to the proceedings of Boston for annihilating, in a great measure, their commercial connections' with Great Britain. I will send the cypher by a gentleman,who goes from here to Madrid about a month hence. It shall be a copy of the one I gave Mr. Adams. The letter of Don Gomez has been dehvered 394 JEFFERSON'S WORKS. at the hotel of the Portuguese anibassadoi;, who is, however, in the country. I am, with much respect, dear Sir, Yo.iir most obedient humble servant. TO MRS. TEIST. Paeb, Attgust 18, 1'785. Dear Madam, — * * I am touch pleased with the people of this country.. The roughness of the human mind are so thoroughly rubbed off with them, that it seems as if oiie might glide through a whole life among them without a jostle. Perhaps, too, their manners may be the best calculated for happiness to a people in their situation, but I am convinced they fall far short of effecting a happiness so temperate, so uniform, and so lasting as is generally eiijoyed with us. The domestic /bonds here are absolutely done away, and where can their compensation be found? Perhaps they may catch some moments of transport above the level of the ordinary tranquil joy we experience, but they are separated by long inter- vals, during which all the passions are at sea without rudder or compass. Yet, fallacious as the pursuits of happiness are, they seem on the whole to furnish the most effectual abstraction from a contemplation of the hardness of their government. Indeed, it is diiScult to conceive how so good a people, with so good a King, so well-disposed rulers in general, so genial a climate, so fertile a: soil, should b^ rendered so ineffectual for producing human happiness by one single curse, — that of a bad form of government. But it is a fact, in spite of the mildness of their governors, the people are ground to powder by the vices of the form of government. Of twenty millions of people supposed to be in France, I am of opinion there are nineteen millions more wretched, more accursed in every circumstance of human exist- OOREEBPONDENOE. 395 ence than the most conspicuously wretched individual of the whole United States. I heg your pardon for getting into poli- tics. , I will add only one sentiment more of that character, that is, nourish peace with their persons, but war against their man- ners. Every step we take towards the adoption of their man- ners is a step to perfect misery. I pray you to write to me often. Do not you turn politician too ; but write me all the small news — :the news about persohsand about states ; tell me who dies, that I niay nieet these disagreeable events in detail, and not all at once when I return ; who marry, who hang themselves because they cannot marry, (Jtc. Present me in the most friendly terms to Mrs. House and Browse, and be assured of the sincerity with which-I am, dear Madam, Your affectionate friend and servant. TO PETER CABE. Pakis,- August 19,- 1185. Deab Peter, — I received, by Mr. Mazzei, your letter of April the 20th. I am much mortified to hear that you have lost so much time; and that, when you arrived in Williamsburg, you were not at all advanced from what you were when you left Monticellp. Time now begins to be precious to you. Every day you lose will retard a day your entrance on that public stage whereon you may begin to be useful to yourself. How- ever, the way to repair the loss is to improve the future tinie. I trust, that with your dispositions, even the acquisition of science is a pleasing employment. I can assure you, that the poissession of it is, w'hat (next to an honest heart) will above all things reiider you dear to your friends, and give you fame and promotion in your own country. When your mind shall be well improved with science, nothing will be necessary to place you in the highest points of view., but to pursue the interests of your country, the interests of your friends, and your own iiiterests 396 JEFFERSON'S WOEKS. also, with the purest integrity, the most chaste honor. The de- fect of these virtues can never he made up by all the other ac- quirements of body and mind. Make these, then, your first ob- ject. Give up money, give up fariie, give up science, give the earth itself and all it contains; rather than do an immoral act. And never suppose, that in any possible situation, or under any circumstances, it is best for you to do a dishonorable thing, how- ever slightly so it may appear to you. Whenever you are to do a thing, though it can never be known biit to yourself, ask your- self how you would act were all the. world ' looking at ydu, and act accordingly. Encourage all your virtuous dispositions, and exercise them whenever an opportunity arises'; being assured that they will gain strength by exercise, as a limb of the body does, and that exercise will .make them habitual. From the practice of the purest virtue,' you may be assured you will de- rive the most sublime comforts in every moment of life, and in the moment of death. If ever you find yourself environed with difRcuIties and perplexing circumstances, out of which you are at a loss how to extricate, yourself, do what is right, and be as- sured that that wUl extricate you the best out of the worst situa- tions. Though you cannot see, when you take one step, what wiU be the next, yet follow truth, justice, and plain dealing, and never fear their leading you out of the labyrinth, in the ea,siest manner possible. The knot which you thought a Gordian one, will imtie itself before you. Nothing is so mistaken as the sup- position, that a person is to extricate himself from a difficulty, by intrigue, by chicanery, by dissimulation, by trimming, "by an untruth, by an injustice. This increases the difficulties ten- fold ; and those, who pursue these methods, get themselves soi involved at length, that they can turn no way but their infamy becomes ihore exposed. It is of great importance to set a reso- lution, not to be shaken, _never to tell an untruth. There is no vice so mean, so pitiful, so contemptible ; and he who pennits himself to tell a lie once, finds it much easier to do it a second and third time, till at length it becomes habitual; h^e. tells lies without attending to it, and truths without the world's believing OOKEESPONDENOE. 397 him. This falsehobd of the tongue leads to. that of the heart, and in time depraves all its good dispositions. An honest heart being the first blesging, .a knowing head is the second. It is time for you now to begin to be choice in . your feading ; to begin to pursue a regular course in it ■ and not to snifer yoinrself to be turned to the right or left by reading anything out of that course. I have long ago digested a plan for you, suited to. the circumstances in which you will be placed. . This I will detail to you; from time to time, as you advance* For the present, I advise ydu to begin ' a pourse of ancient his- tory, reading everything in the original and not in translations. First read .Goldsmith's history of Greece. This will give you a digested yie'sv of that .field. Then take up' ancient history in the detail, reading the following books, in . the following order : Herodotus, Thucydides, Xenophontis Anabasis, Arrian, Q;uintus Curtius, Piodorus Siculus, Justin. This shall form the first stage of your historical reading, and is, all. I need mention to you now. The next will be of Roman history.* From that, we will come down to modern history. In Greek and Latin poetry, you have read or will read at school, Virgil, Terence, Horace, Anacreon, Theocritus, Homer, Euripides, Sophocles. Read also Milton's Paradise Lost, Shakspeare, Ossian, Pope ^s and Swift's works, in order to form your style in your ' own lan- guage. In morality, read Bpictetus, Xenophontis Memorabilia, Plato's. Socratic dialogues, Cicero's philosophies, Antoninus, and Seneca. In order to assure a certain, progress in this reading, consider what hours you have free from the school ■ and the ex- ercises of the school. Give about two of them, every day, to exercise ; for health must -not be sacrificed to learning. A strong body makes the mind strong. As to the species of exercise, I advise the gun. While this gives a moderate exercise to the body, it gives boldness, enterprise, and' independence to the i piind. Games played with the ball, and others of that nature, are too violent for the body, and stamp . no character on the * Livy, Sallust, Osesar, CiBoro's epistles, puetomus, Tacitus, Gibbon., ' 898 JEFFERSON'S WORKS. mind, Let your gun, therefore, be the constant companion of your walks. Never think of taking a book with you. The object of walking is to relax the mind. You should therefore not permit yourself even to think while you walk ; but divert yourself by the objects, surrounding you. Walking is the best possit^le exercise. Habituate yourself to walk, very far. ' The Europeans value themselves on having subdued the horse to the uses of man ; but I doubt whether we have not lost more than we have gained, by the use of t'his animal.. No one has occasioned so much the degeneracy of the human body. An Indian goes on foot nearly as far in a day, for a long journey, as an enfeebled white does on his horse ; and he will tire the best horses. There is no habit you will, value so much as that of walking faj? ."without fatigue. I would advise you to take your exercise in the afternoon : not because it is the best time for exercise, for certainly it is not; but because it is the best time to. spare. from your studies; and habit wiU soon reconcile it to health, and render it nearly as useful as if you gave to that the more precious hours of the day. A little walk of half an hour, in the morning, when you first rise, is advisable also. It shakes off sleep, and produces other good effects in the animal economy. Rise at a fixed and an early hour, and go to bed at a fixed and early houj also. Sitting up late at night is injurious to the health, and not useful to the mind. Having ascribed proper hours to exercise, divide wjiat remain (I mean of your vacant hours) into three portions. Give the principal to History, the other two, which should be shorter, to Philospphy and Poetry. Write to me once every month or two, and let me know the progress you make. Tell me in what manner you employ every hour in the day. The plan I have proposed for you is adapted to your present situation only. , When that is changed, I shall propose a corresponding change of plan. I have ordered the following, books. to be, sent to .you from Lon- don, to the care of Mr. Madison : Herodotus,' Thticydides, Xenophon's Hellenics, Anabasis and Meniorabiiia, Cicero's works, Baretti's Spanish and English Dictionary, Martin'f Philo- COEE;ESPO]srDENOE. 399 sophica,l,Crramm,ar, and Martin's Philosophia Britannica. I will send you the following from hence :■. Bezout's MathemS-tics, De la Lande's Astronomy, Muschenbrock's Physics, Quintus Cur- tius, Justin, a Spanish Grammar, and some Spanish books. You win observe that Martin, Bezout, .De la Lande, and Musch- enbrock, are not in the preceding plan. They are not to-be opened till you go to the University, You aip now, I expect, learning. French. You must push this; because the^ books which will be put into" your hands when ypu advance into Mathematics, Natural philosophy. Natural history, &c., will be mostly French, these sciences being better treated by the French than the English writers; Our- future <;onnection With Spain , reilders tbat the most necessary of the modern languages, after the French. When you become a public man, you may have occasion for it; and the circumstance of your possessing that, language, may give you a preference over other candidates. I have nothing further to add . for the present, but husband wfell your time,' cherish your instructors,' strive to make everybody your friend ; and be assured that nothing will be so pleasing as your success to, Dear Peter, Yours affectionately. TO JOHN pa6e. , , - -Pakis, August 20, 1785. Deak Page, — I received your friendly letter of April the 28th, by Mr. Mazzei, on the 23d of July. That of the month before, by. Monsieur le Croix, hqis not come to ha,nd. , This correspon- dence is grateful to some of my warmest feelings, as the ■ friend- ships of my youth are those which adhere closest to me, and in which I most confide. My principal happiness- is now in the retrospect of life. . ■■ ' I thank you for your notes of your- operations on the Pennsyl- vania boimdary. .1 am in hopes that from yourself, Madison, 400 , 'JEJFEESON'.S WORKS. . Rittenhouse or flutcfiings, I shall receive a chart of the line as actually run, It will be a great present to me. I think. Hutch- ings promised to send it to me. I have been much pleased to hear you had it in contemplation, to endeavor to establish R:it- tenhouse in our College.. This would be an immense acqiiisi- tion, and ■would draw youth to it from every part of the conti- nent.. You,will do much, more honor to our society, on reviving it, by. jdacing' him at its head, than so useless a member as I shotUd be.- .1 have been so long diverted from thi«. my favorite line, and that, too, without acquiring an attachment to my adopted one, that I am becorae a mongrel, of no decided order, unowned by my, ahd incapable of serving any. I should feel, myself out of .my true place too, to stand before McLurg. But why with- draw yourself ? You have more zeal, more application, and more constant attention to the subjects .proper to the society, and can, therefore,, serve them. best. The affa-ir of the Emperor and Dutch is settled, though not signed. The. particulars have not yet transpired. That of the Bavarian exchange is dropped, and his Mews on Venice defeated. The alliance of Russia with Venice, to prevent his designs in that quarter, and that of the Hanoverian Elector with the King of Prussia and other members of the. Germanic body, to prevent his acquisition of Bavariaj leave him in a solitary, situation. In truth, he hasiogl much. reputation by his late manceuvres. He is a restless, ambitious character, aiming at everythiiig, persevering in nothing, taking up designs' without C9.1culating the force w> '• be opposed to him, and dropping them on the appearance;' jrii opposition. He has some just views, and much activity The only quarter in which the peace of Europe seems at present capable of being disturbed, is on that of the Porte. It is be- lieved t^at the Em'peror and Empress have schemes- in contem-' plation, for, driving the Turks out of Europe- Were this with a view to ie-establish,tiae native Greeks in the sovereignty, of their own country, 1. could wish them success; and to see driven from that delightful country a set of barbarians, with whom an oppo- sition to all science is £in article of.rellgioh. ..The modern Greek OOREESPONDENOE., 401 is not yet so far departed from its ancient model, but that we might still hope to see the language of Homer and Demosthenes flow with purity, from the lips of a free and ingenious people. But these powers have in object to divide the country between themselves. This is only to substitute one set of barbarians for another, breaking, at the same time, the balance among the Eu- ropean powers. You have been told, with truth, that the Em- peror of Morocco has shown a disposition to enter into treaty with us ; but not truly, that Congress has not attended to his ad- vances, and thereby disgusted him. It is long since they took measures to meet his advances. But some unlucky incidents have delayed their effect. His dispositions continue good. As a proof of this, he has lately released freely, and clothed well, the crew of an American brig he took last, winter ; the only ves- sel ever taken from us by any of the States of Barbary. But what is the English of these good dispositions ? Plainly this ; he is ready to receive us into the number of his tributaries. What will be the amount of tribute, remains yet to be known, but it probably will not be as small as you may have conjectured. It will surely be more than a free people ought to pay to a power owning omly four or five frigates, under twenty-two guns : he has not a port into which a larger vessel can enter. The Algerines possess fifteen or twenty frigates, from that size up to fifty guns. Disinclination on their part, has lately broken off a treaty be- tween Spain and them, whereon they were to have received a million of dollars, besides great presents in naval stores. What sum they intend we shall pay, I cannot say. Then follow Tunis and Tripoli. You will probably find the tribute to all these pow- ers make such a proportion of the federal taxes, as that every man will feel them sensibly, when he pays those taxes. The ques- tion is, whether their peace or war will be cheapest ? But it is a question which should be addressed to our honor, as well as our avarice. Nor does it respect us as to these pirates only, but as to the nations of Europe. If we wish our commerce to be free and uninsulted, we must let these nations see, that we have an energy which at present they disbelieve. The low opinion they VOL. I. 26 402 JEFFERSON'S WORKS. entertain of our powers, cannot fail to involve us soon, in a naval war. I shall send you with this, if I can, and if not, then by the first good conveyance, the Connoissance de terns for the years 1786 and 1787, being all as yet pubUshed. You will find in these the tables for the planet Herschel, as far as the observations hitherto made, admit them to be calculated. You will see, also, that Herschel was only the first astronomer who discovered it to be a planet, and not the first who saw it. Mayer saw it in the year 1756, and placed it iri the catalogue of his zodiacal stars, supposing it to be such. A Prussian astronomer, in the year 1781, observed that the 964th star of Mayer's catalogue was missing ; and the calculations now prove that at the time Mayer saw his 964th star, the planet Herschel should have been precisely in the place where he noted that star. I shall send you also a little publication here, called the Bibliothdque Physico-oeconomique. It will communicate all the improvements and new discoveries in the arts and sciences, made in Europe for some years past. I shall be happy to hear from you often. Details, political and ht- erary, and even of the small history of pur country, are the most pleasing commimications possible. Present me affectionately to Mrs. Page, and to your family, in the members of which, though unknown to me, I feel an interest on accomit of their parents. Believe me to be with warm esteem, dear Page, your sincere friend and servant. TO THE GOVERNOK OF VIRGINIA. Paris, August 22, 1786. SiK, — I was honored yesterday with your Excellency's letter of June the 16th, enclosing the resolution of Assembly relative to the bust of the M. de La Fayette. I shall render cheerfully any services I can in aid of Mr. Barclay for carrying this resolu- tion into effect. The M. de La Fayette being to pass into Ger- COERESPONDENOE. 403 many and Prussia, it was thought proper to take the model of his bust in plaister before his departure. Monsieur Houdon was engaged to do it, and did it accdrdingly. So far Mr. Barclay had thought himself authorized to go in consequence of orders forinerly received. You will be so good as to instruct me as to the moneys hereafter to be remitted to me, whether I am to ap- ply them solely to the statue of General Washington, or to that, and the Marquis's' bust in common, as shall be necessary. Sup- posing you wish to know the application of the money's remit- ted from time to time, I state hereon an account thereof so far as I am able at present. Before your receipt of this letter I am in hopes mine of July 11th, by. Monsieur Houdon, will have come to your hands ; in that I enclosed you a copy of the contract with him. I have the honor to be, with due respect, your Excellency's most obedient, and most humble servant, Th: Jefferson. TO JOHN JAY. (Private.) Paeis, August 23, 1*785. Deae Sir, — ^I shall sometimes ask your permission to write you letters, not official, but private.- The present is of this kind, and is occasioned by the question proposed in yours of June the 14th ; " whether it would be useful to us, to carry all our own productions, or none ?" Were we perfectly free to decide this question, I should reason as follows. We have now lands enough to employ an infinite number of peopte in their cultivation. Cultivators of the earth are the most valuable citizens. They are the most vigorous, the most independent, the most virtuous, and they are tied to their country, and wedded to its liberty and interests, by the most lasting bonds. As long, therefore, as they can find employment in this line, I would not convert them into mariners, artisans, or anything else. But our citizens will find employment in this line, till their numbers, and of course their productions, become 404 JEFFERSON'S W.OEKS. too great for the demand, both internal and foreign. This is not the case as yet, and probably will not be for a considerable time. As soon as it is, the surplus of hands must be turned to some- thing else. I should then, perhaps, wish to turn them to the sea in preference to manufactures ; because, comparing the charac- ters of the two classes, I find the former the most valuable cit- izens. I consider the class pf artificers as the panders of vice, and the instruments by which the liberties of a country are gen- erally overturned. However, we are not free to decide this question on principles of theory only. Our people are decided in the opinion, that it is necessary for us to take a share in the oc- cupation of the ocean, and their established habits induce them to require that the sea be kept open to them, and that that line of policy be pursued, which will render the use of that element to them as great as possible. I think it a duty in those entrusted with the administration of their affairs, to conform themselves to the decided choice of their constituents ; and that therefore, we should, in every instance, preserve an equality of right to them in the transportation of commodities, in the right of fishing, and in the other uses of the sea. But what will be the consequence ? Frequent wars without a doubt. Their property will be violated on the sea, and in foreign ports, their persons will be insulted, imprisoned, &c., for pretended debts, contracts, crimes, contraband, &c., &c. These insults must be resented, even if we had no feelings, yet to prevent their eternal repetition ; or, in other words, our commerce on the ocean and in other countries, must be paid for by frequent ^var. The justest dispositions possible in ourselves, will not secure us against it. It would be necessary that all other nations were just also. Justice indeed, on om- part, will save us from those wars which would have been produced by a contrary disposition. But how can we prevent those produced by the wrongs of other nations? By putting ourselves in a condition to punish them. Weakness provokes insult and injury, while a condition to punish, often prevents them. This reasoning leads to the necessity of some naval force ; that being the only weapon by which we can O0RRESPON.DEN0E. 405 reach an enemy. I think it to our interest to punish the first in- sult ; because an insult unpunished is the parent of many others. We are not, at this moment, in a condition to do it, but we should put ourselves into it, as soon as possible. If a war with England should take place, it seems to me that the first thing necessary would be a resolution to abandon the parrying trade, because we cannot protect it. ■ Foreign nations must, in that case, be invited to bring us Avhat we want, and to take our pro- ductions in their own bottoms. This alone could prevent the loss of those productions to us, and the acquisition of them to our enemy. Our seamen might be employed in depredations on their trade. But how dreadfully we shall suffer on our coasts, if we have no force on the water, former, experience has taught us. Indeted, I look forward with horror to the very possible case of war with an European, power, and think there is no protection against them, but from the possession of some force on the sea. Our vicinity to their West India possessions, and to the fisheries, is a, bridle which a small naval force, on our part, would hold in the mouths of the most powerful of these coimtries. I hope our land office will rid us of our debts, and that our first atten- tion then, will be, to the beginning a naval force of some sort. This alone can countenance our people as carrier? on the water, and I suppose them to be determined to continue such. I wrote- you two public letters on the 14th instant, since which I have received yours of July the 13th. I shall always be pleased to receive from you, in a private way, such communica- tions as you might not choose to put into a public, letter. I have the honor to be; with very sincere esteem, dear Sir, your most obedient humble servant. TO COLONEL MONROE. Paris August 28, 1185. Deak Sie, — I wrote you on the 5th of July, by Mr. Franklin, and on the 12th of the same month, by Monsieur Houdon. 406 JEFFERSON'S WORKS. Since that date, yours of June the 16th, by Mazzei, has been received. Everything looks hke peace here. The settlement between the Emperor and the Dutch is net yet published, but it' is believed to be agreed on. Nothing is done, as yet, between him and the Porte. He is much wounded by the confederation of several of the Germanic body, at the head of which is the King of Prussia, and to which the King of England, as Elector of Hanover, is believed to accede. The object is to preserve the constitution of that empire. It shows that these princes enter- tain serious jealousies of the ambition of ^he Emperor, and this will very much endanger the election of his nephew as King of the Romans. A late Arret of this court against the admission of British manufactures produces a great sensation in England. I wish it may produce a disposition there to receive our com- merce in all their dominions, on advantageous terms. This is the only balm which can heal the wounds that it has received. It is but too true, that that country furnished markets for three- fourths of the exports of the eight northern-most States. A truth not proper to be spoken of, but which should influence our proceedings with them. The July French packet having arrived without bringing any news of Mr. Lambe, if the English one of the same month be also arrived, without news of him, I expect Mr. Adams wiU con- cur with me in sending some other person to treat with the Bai- bary States. Mr. Barclay is willing to go, and \ have proposed him to Mr. Adams, but have not yet received his answer. The peace expected between Spain and Algiers, will probably not take place. It is said, the former was to have given a million of dollars. Would it not be prudent to send a minister to Portur gal ? Our commerce with that country is very iriiportant ; per- haps more so than with any other country in Em-ope. It is pos- sible, too, that they rnight permit our whaling vessels to refresh in Brazil, or give some other indulgences in America. The lethargic character of their ambassador here gives a very un- hopeful aspect to a treaty on this ground. I lately spoke with CORKE.SPONDENOE. 407 him on the subject, and he has, promised to interest himself in obtaining an answer from his court. I have waited to see what was the pleasure of Congress, as to the secretaryship of my office here ; that is, to see whether they proposed to appoint a secretary of legation, or leave me to ap- point a private secretary. Colonel Humphreys' occupation in the despatches and records of the, matters which lelate to the general commissions, does not afford him leisure to aid me in my office, were I entitled to ask that aid. In the meantime, the long papers,which often accompany the communications between the ministers here, and myself, and the other business of the ofiice, absolutely require a scribe. I shall, therefore, on Mr. Short's return from the. Hague, appoint him my private secretary, till Congress shall think proper to signify their pleasure. Th& salary allowed Mr. Franklin in the same office, was one thousand dollars a year. I shall presume that Mr. Short may draw the same allowance from the funds of the United States here. As soon as I shall have made this appointment, I shall give official notice of it to Mr. Jay, that Congress may, if they disapprove it, say so. I am much pleased with your land ordinance, and think it im- proved from the first, in the most material circumstances. I had mistaken the object of the division of the lands among the States. I am sanguine in my expectations of lessening our debts by this fund, and have expressed my expectations to the minister and others here. I see by the public papers, you have. adopted the dollar as your money unit. In the arrangement of coins I pro- posed, I ought to have inserted a gold coin of five dollars, which, being within two shilUngs of the value of a guinea, would be very convenient. The English papers are so incessantly repeating their lies about the tumults, the anarchy, the bankruptcies and distresses of Ame- rica, that these ideas prevail very generally in Europe. At a large table where I dined the other day, a gentleman from Switzerland . expressed his apprehensions for the fate of Dr. Franklin, as he said he had been informed, that he would be received with stones 408 JEFFERSON'S WORKS. by the people, who were generally dissatisfied with the Revolti- tion, and incensed against all those who had assisted in bringing it about. I told him his apprehensions were just, and that the people of America would probably salute Dr. Franklin with the same stones they had thrown at the Marquis Fayette. The re- ception of the Doctor is an object of very general attention, and will weigh in Europe, as an evidence of the satisfaction or dis- satisfaction of America, with their Revolution. As you are to be in Williamsburg early in November, this is the last letter I shall write you till about that l;ime. I am, with very sincere esteem, dear Sir, your friend and servant. TO JOHN JAY. Pakis, August 30, 1185. SiH, — I had the honor of writing to you on the 14th instant, by a Mr. Cannon of Connecticut, who was to sail in the packet. Since that date, yours of July 13th has come to hand. The times for the sailing of the packets being somewhat deranged, I. avail myself of a conveyance, for the present, by the Mr. Fitz- hughs of Virginia, who expect to land at Philadelphia. I enclose you a correspondence which h^is taken place between the Marechal de Castries, minister of the Marine, and myself. It is on the subject of the prize money due to the officers and crew of the Alliance, for prizes taken in Europe, under the command of Captain Jones. That officer has been here, imder the direc- tion of Congress, near two years, soliciting, the liquidation and payment of that money. Infinite delays had retarded the liqui- dation till the month of June. It was expected, when the liqui- dation was announced to be completed, that the money wa;s to be received. The M. de Castries doubted the authority of Captain Jones to receive it, and wrote to me for information. I wrote him the leter dated July the 10th, which seemed to clear away OORRESPONDENOE. 409 that difficulty. Another atrose. A Mr. Puchilberg presented powers to receive the money. I wrote, then, the letter of August the 3d, and- received that of the M. de Castries, of August the 12th, acknowledging he was satisfied as to this difficulty, but an- nouncing another; to wit, that possibly some French subje'cts might have been on board the Alliance, and, therefdre, that Cap- tain Jones ought to give security for the repayment of their por- tions; Captain Jones had before told me there was not a French- man on board that vessel, but the Captain. I inquired of Mr. Barclay. He told me he was satisfied there was not one. Here then, was a mere possibility, a shadow of a right, opposed to^ a certain;, to a suhstantial one which existed in the mass of the crew, Eind which was likely to be delayed ; for it was not to be expected that Captain Jones could, in a strange country, find the se'curity required. These difficulties I "suppose, to have been con- jured up, one after another, by Mr. Puchilberg, who wanted to get hold of the money. I saw but one way to cut short these everlasting delays, which were ruining the officer soliciting the payment of .the money, and keeping our seamen out of what they had hardly fought for, years ago. This was, to undertake to ask an order from Congress, for the payment of any French claimants by their banker in Paris-;- and, in the meantime, to un-' dertake to Holland. I must inform you that Mr. Barclay wishes to be put on the same footing with Mr. Lambe, as to this article, and therefore I return you your letter of credit on Van Staphorst & Co. As to the first article, there is great difficulty. There is nobody at Paris fit for the under- taking who would be likely to accept it. I mean there is no American, for I should be anxious to place a native in the trust. Perhaps you can send us one from London. There is a Mr. Randall there from. New York, whom Mr. Barclay thinks might ■ be relied 'on very firmly for integrity and capacity. He is there for his health ; perhaps you can persuade him to go to Algiers in pursuit of it. If you cannot, I really know not what will be done. It is impossible to propose to Bancroft to go in a secon- dary capacity. Mr. Barclay and myself have thought of Cairnes, at L'drient, as a dernier resort. But it is uncertain, or rather improbable, that he will undertake it. You will be pleased, in the first place, to consider of my proposition to send Lambe to Algiers ; and in the next, all the circumstaces before detailed, as consequences of that. The enclosed letter from Richard O'Bryan furnishes powerful motives for commencing, by some means or other, the treaty With Algiers, more immediately than would be done if left on Mr. Barclay. You will perceive by that, that two of our ves- sels, with their crews and cargoes, have been carried captive into that port. What is to be done as to those poor people ? I am 440 JEFFERSON'S WORKS. for hazarding the supplementary instruction to Lambe which ac- companies these papers. Alter it, or reject it, as you please. You ask what I think of claiming the Dutch interposition. I doubt the fidelity of any interposition too much to desire it sin- cerely. Our letters to this court heretofore seemed to oblige us to communicate with them on the subject. If you think the Dutch would take, amiss our not applying to them, I will join you in the application. Otherwise, the fewer who are apprised of our proceedings, the better. To communicate them to the States of, Holland, is to communicate them to the whole world. Mr. Short returned last night, and brought the Prussiari treaty, duly executed in English and French. We may send it to Con- gress by the Mr. Fitzhughs, going from hence. Will you draw and sign a short letter for that purpose ? I send you a^ copy of a letter received from the Marquis Fayette. In the present un- settled state of American commerce, I had as IpavB avoid all fur- ■ ther treaties, except with American powers. If Count Merci, therefore, does not propose the subject to me, I shall not to him, nor do more than decency requires, if he does propose it. I am, with great esteem, dear Sir, your most obedient humble servant. 8 TO F. HOPKnfSON. Paris, September 25, 1785. Dear Sir, — ^My last to you was of the 6th of July. Since that, I have received yours of July the 23d. I do not altogether despair of making something of your method of quilling, though, as yet, the prospect is not favorable. I applaud much your perse- verance in improving this instrument, and benefiting mankind almost in spite of their tfeeth. I mentioned to Piccini the im- provement with which I am entrusted. He plays on the piano- forte, and therefore did not feel himself personally interested. I hope some better opportunity will yet fall in my way of doing it justice. I had almost decided, on his advice, to get a piano- OORRESPON'DENCE. 441 forte for my daughter ; but your last letter may pause me, till I see its effect. Arts and. arms are alike asleep for the moinent. Ballooning indeed goes on. There are two artists in the neighborhood of Paris, who seem to be advancing towards the desideratum in this business. They are able to rise and fall ,at will,, without ex- pending their gas, and to deflect forty-^five degrees from the course of the wind. I desired you, in my last, to. send the newspapers, notwith- standing the expense. I had then no idea of it. Some late in- stances have made me perfectly acquainted with it. I have therefore been obliged to adopt the following plan. To have my newspapers, from the difi"erent States, enclosed to the oiiice for Foreign Affairs, and to desire Mr. Jay to pack the whole in a box, and send it by the packet as merchandise, directe'd to the American consul at L' Orient, who will forward it to me by the periodical wagons. In this way, they will only cost me livres where they tiow cost me guineas. I must pray you, just before the departure of every French packet, to send my papers on hand, to Mr. Jay, in this way. I do not know whether I am subject to American postage or not, in general; but I think newspapers, never are. I have sometimes thought of sending a copy of my Notes to the Philosophical Society, as a tribute due to them ; but this would seem as if I considered them as worth something, which I am conscious they are not. I will not ask you for your advice on this occasion, because it is one of those on which no man is authorized to ask a sincere opinion. I shall therefore refer it to further thoughts. I am, with very sincere esteem, dear Sir, your friend and servant. TO E. IZAHD. Paris, September 26, 1785. Deae Sib, — ^I received^ a few days ago, your favor of the 10th of June, and am to thank you for the trouble you have given 442 JEFFEESON'-S WOEKS. yourself, to procure me information on the subject of- the com- merce of your State. I pray you also, to take the trouble of expressing my acknowledgments to the Governor and Chamber of Commerce, as well as to Mr. Hall, for the very precise details on this subject, with which they have been pleased to honor me. Y'opr letter of last January, of which ybu make mention, never came to my hands. Of course, the papers now received are the first and only ones which have come safe. The infidelities of the post offices, both of England and Prance, are not unknown to you. The former are the most rascally, because they retain one's letters, not choosing to take the trouble of copying them. ■ The latter, when they have taken copies, are so civil as to send the originals, resealed clumsily with a composition, on which they have previously taken the impression of the seal. England shows no dispositions to enter into friendly connections with us. On the contrary, her detention of our posts, seems to be the speck which is to produce a storm. I judge that a war with America would be a popular war in England. Perhaps the situation of Ireland may deter the ininistry from hastening it on. Peace is at length made between the Emperor and Dutch. The terms are not published, but it is said, he gets ten millions of florins, the navigation of the Scheldt not quite to Antwerp, and two forts. However, this is not to be absolutely relied on. The league formed by the King of Prussia against the Emperor, is a most formidable obstacle to his ambitious designs. It cer- tainly has defeated his views on Bavaria, and will render doubt- ful the election of his nephew to be King of the Romans. Mat- ters are not yet settled betweeli him and the Turk. In truth, he undertakes too much. At. home he has made some good regulations. Your present pursuit being (the wisest of all) agriculture, I am not in a situation to be useful to it. You know that France is not the country most celebrated for this art. I went the other day to see a plough which was to be worked by a windlass, without horses or oxen. It was a poor affair. With a very troublesome apparatus, applicable only to a dead level, four men dOEBESPONDENOE. 443 could do the work of ~ two horses. There seems a possibility that the great desideratum in the use of the balloon may be ob- tained. There are two persons at Javel (opposite to Auteuil) who are pushing this matter. They are able to rise and fall at will, without expending their gas, and they cati deflect forty-five degrees from the course of the wind. 1 took the liberty of asking you to order me a Charleston newspaper. The expense of French postage is so enormous, that I have been obliged to desire that my newspapers, from the different States, may be sent to the office for Foreign Atfairs at New York ;.and I have requested of Mr. Jay to have them al- ways packed in a box, and sent by the French packets as iner- chandise, to the care of the American consul at L'Orient, who will send them on by the periodical wagons. Will you permit me to add this to the trouble I have before given you, of order- ing the printer to send them, under cover to Mr. Jay, by such opportunities by water, as occur from time to time. This re- quest must go to the acts of your Assembly also, I shall be on the watch to send you anything- that may appear here on the subjects of agriculture or the arts, which may be worth your perusal. I sincerely congratulate Mrs. Izard and yourself, on the double accession to your family by marriage and a new birth. My daughter values much your remembrance of her, and prays to liave her respects presented to the ladies and yourself. In this I join her; and shall embrace with pleasure every opportu- nity of assuring you of the sincere esteem, with which I have the honor to be, dear Sir, your most- obedient and most humble servant. • , TO MR. BELLINI. Pakts, September 80, 1785. Deak Sir, — ^Your estimable favor, covering a letter to Mr. Mazzei, came to hand on the 26th instant. The letter to Mr. 444 JEPFEESON'S WORKS. Mazzei was put into his hands in the same moment, as he hap- pened to be prcsGit. I leave to him to convey to you all his complaints, as it will be more agreeable to me to express to you the satisfaction I received, on being informed of your perfect health. Though I could not receive the same pleasing news of Mrs. Bellini, yet the philosophy with which I am told she bears the loss of health, is a testimony the more how much she deserved the esteem I bear her. Behold me at . length on th6 vaunted scene of Europe ! It is not necessary for your informa- tion, that I should enter into details concerning it. But you are, perhaps, curious to know how this new scene has, struck, a sav- age of the mountains of America. Not advantageously, I assure you. I find the general fate of humanity here most deplorable. The truth of Voltaire's observation, offers itself perpetually, that every man here must be either the hammer or the anvil. It is a true picture of that country to which they say we shall pass hereafter, and where, we are to see God and his angels in splen- dor, and crowds of the damned trampled under their feet. While the great mass of the people are thus sufiering under phy- sical and moral oppression, I have endeavored to examine mote nearly the condition of the great, to appreciate the true value of the circumstances in their situation, which dazzle the bulk of spectators, and, especially, to compare it with that degree of happiness which is enjoyed in America, by every class of peo- ple. Intrigues of love occupy the younger, and those , of am- bition, the elder part of the great. Conjugal love having no ex- istence among them, domestic happiness, of which that is the basis, is utterly unknown. In lieu of this, are substituted pur- suits which nourish and invigorate all our bad passions, and which offer only moments of ecstacy, amidst days and months of restlessness and torment. Much,i very much inferior, this, to the tranquil, permanent felicity with which domestic society in America blesses most of its inhabitants ; leaving them to follow steadily those pursuits which health and reason approve, and rendering truly delicious the mtervals of those pursuits. In science, the mass of the people are two centuries behind OOEEESPONDENOE. 445 ours ; their literati, half a dozen years before us. . Books, really- good, acquire just reputation in that tinie, and so become known to us, and communicate to us all their advances in knowledge. Is not this delay compensated, by our being placed out of the reach of that swarm of nonsensical publications which issues daily from a thousand presses, and perishes almost in issuing ? With respect to what are termed polite manners, without sacri- ficing too much the sincerity of language, I would wigh my coun- trymen to adopt just so much of European politeness, as to be ready to make all those> little sacrifices of self, which really ren- der European manners amiable, and relieve society from the dis- agreeable scenes to which rudeness often subjects it. Here, it seems that a man might pass a life without encountering a single rudeness. In the pleasures of the table, they are far before us, because, with goqd taste they imite temperance. They do not ' terminate the most sociable meals by transforming themselves into brutes. I have never yet seen a man drunk in France, even among -the lowest of the people. Were I to proceed to tell you how much I enjoy their architecture, sculpture, painting, music I should want words. It is in these a^ts they shine. The last of them, particularly, is an enjoyment, the deprivation of which with us, cannot be calculated. I am almost ready to say, it is the only thing which from my heart I envy them, and which, in spite- of all the authority of the Decalogue, I do covet. But I am running on in an estimate of things infinitely better known to you than to- me, and which will only serve to convince you, that I have brought with me all the prejudices of country, habit, and age. But whatever I may allow to be charged to me as pre- judice, in every other instance, I haVe one sentiment at least, fomided on reality : it is that of the perfect esteem which your merit and. that of Mrs. Bellini have produced, and which will forever enable me to assure you of the sincere regard with which I ani, dear Sir, your friend and servant. 14Q JEFFEESO.N'S WORKS. TO JAMES MADISON, OF WILLIAM AND MAKT COLLEGE. Pakis, October 2, 1785. Dear Sir, — I have duly received your favor of April the 10th, oy Mr. Mazzei. You therein speak of a new method of raising water by steam, which you suppose will come into general use: I know of no new method of thac kind, and suppose (as you say the account you have received of it is very imperfect) that some person has represented to you, as new, a fire engine erected at Paris, and which supplies the- greater part of the town with water.- But this is nothing more than the fire engine you have seen de- scribed in the books of hydraulics, and particularly in the Dic- tionary of Arts and Sciences, published in 8vo, by Owen, the idea of which was first taken from Papin's Digester. It would have been better called the steam engine. The force of the steam of water, yoii know, is immense. In. this engine, it is made to exert itself towards the working of pumps. That of Paris is, I believe, the largest known, raising four hundred thousand cubic feet (French) of water, in twenty-four hours ; or rather, I should have said, those of Paris, for there are two imder one roof, each raising that quantity. The Abb^ Rochon not living at Paris, I have not had an op- portunity of seeing him, and of asking him the questions you desire, relative to the crystal of which , I wrote you. L shall avail myself of the earliest opportunity I can, of doing it. I shall cheerfully execute your commands as to the Encyclopedie, when I receive them. The price will be only thirty guineas. About half the work is out. The volumes of your Buffon which are spoiled, can be replaced here. I expect that this letter will be carried by the Mr. Fitzhughs, in a ship from Havre to Portsmouth. I have therefore sent to Havi-e some books which I expected would be acceptable to you. . These are the Bibliothi^que Physico-oecoriomique, which will give you most of the late improvements in the Arts ; the Con- noissance des Terns for 1786 and 1787, which is as late as they are published ; and some pieces on air and fire, wherein you ^wil! OORRESPONDENOE. 447 find all the discoveries hitherto made on these subjects. These books are made into a packet, with your, address on them, and are put into a trunk, wherein is a .small packet for Mr. Wythe, another for Mr. Page, and a parcel of books, without direction, for Peter Carr. I haTe taken.the' liberty of directing the trunk to you, as the surest means of its getting safe. I pay the freight of it here, so, that there will be no new demands, but for the transportation from the ship's side to Williamsburg, which I will pray you to pay ; and as much the greatest part is for my nephew, I ■^intake care to repay it to you. In -the last volume of the Oonnoissance des Tems, you will find the tables for the planet Herschel. It is a curious circum- stance, that this planet was seen thirty years ago by Mayer, and supposed by him to be a fixed star. He accordingly determined a place for it, in his catalogue of the zodiacal stars, making it the 964th of that catalogue. Bodg, of Berlin, observed in 1781 that this star was, missing. Subsequent calculations of the motion of the planet Herschel, show that it must havebeeii, at the tinie of Mayer's observation, where he had placed his 964th star. Herschel has pushed his discoveries of double stars_, now, to upwards of nine hundred, being twice the number of those com- municated in the Philosophical Transactions. You have proba- bly seen, that a JMr. Pigott had discovered periodical variations of light in the star Algol. He has observed the same in the ^quence . sa majeste auroit beacoup de satisfaction k entretenir une parfaite harmonic et bon corre- spondence entre les memes Etats Unis. Mais U seroit ^ propos de commencer par la nomination reciproque des deux parties des personnes, qui, au moins avec la caract^re d'agens, informeroient r^ciproquement leurs constituents de ce qui pourroit cbnduire a la connoisance des inttrets des deux nations sans prejudice de Pun ou de I'autre. C'est le premier pas qu'il paroit convenable de donner pour conduire k la fin proposee." By this, I suppose, they will prefer proceeding as Spain has done, and that we may consider it as definitive of our commission to them. I commu- nicate it to Congress that they may take such other measures for leading on a negotiation as they may think proper. You know that the 3d article of instructions of October- 29, 1783, to the ministers for negotiating peace, directed them to negotiate the claim for the prizes taken by the alliance and sent into Bergen, but delivered up by the Court of Denmark ; you recollect, also, that this has been deferred in order to be taken up with the general negotiation for an alliance; Captain Jones, OOREESPOKDENCE, . 461 Sesiring to go to America, proposed to me that he should leave the solicitation of this matter in .the hands of Doctor Bancroft, andio ask you to negotiate it, through the minister of Denmark at London. The delay of Baron Waltersdorf is one feason for this. Your better acquaintance with the subject is a second. The Danish minister here being absent, is a third. And a fourth and more conclusive one is that, having never acted as one of the commissioners for negotiating the peace, I feel an impropriety in meddling "with it at all, and much more to become the principal ■agent. -I therefore told Captain Jones I would solicit your care of this business. I believe he writes to you on the subject. Mr. Barclay sets out in two or three days^ Lambe will follow as soon as the papers can be got from this ministry. Having no news, I shall only add assurances of the esteem with which I am, dear Sir, your friend and servant. TO MESSRS. VAN STAPHOEST. Paeis, October 1 2, 11S5. Gentlemen, — The receipt of your favor, of September the 19th, should not have been so long unacknowledged, but that I have been peculiarly and very closely engaged ever since it came to hand. With respect to the- expediency of the arrangement you pro- pose to make with Mr, Parker, I must obsel-ve to you, that it would be altogether out of my province to give an ofBcial opin- . ion for your direction. These transactions appertain altogether to the commissioners of the treasury, to whom yoii have very properly written on the occasion. I shall, always be willing, however, to apprise you. of any facts I may be acquainted with, and which might enable you to proceed with more certainty ; arid even to give my, private opinion, where I am acquainted ■wfith the subject, leaving you the most perfect liberty to give it what weight you may think proper. In the present case, I can- not ,giye even a private opinion, because I am not told what are 462 JE-FFEKSON'S WOEKS. precisely the securities offered by Mr. Parker. So various are the securities of the United States, that unless they are precisely described by their dates, consideration, and other matierial cir- cumstances, no man on earth' can say what they are worth. One fact, however, is pertain, that all debts of ^ny considerable amount contracted by the United .States, while their paper money existed, are subject to a deduction, and not payable at any fixed period. I think I may venture to say, also, that there are no debts of the United States, " on the same footing with the money loaned by Holland," except those due to the Kings of Prance and Spain. However, I hope' you will, soon receive the answer of the commissioners, which alone can decide authoritatively what is to be done. Congress .have thought proper to entrust to Mr. Adams and myself a certain business, which may eventually call for great advances of money, perhaps four hundred thousand livre? or up- wards. They have authorized !us to draw for this on their funds in Holland. The separate situation of Mr. Adams and myself, rendering joint drafts inconvenient, we have a,gteed that they shall be made by him alone.. You will be pleased, therefore, 'to give the. same credit to the^e bUls, drawn by him, as if they were also subscribed by me. I have the honor to be, with high respect, Gentlemen, your most obedient, and most humble servant. TO MONSIEUR DESBORDES. Paris, Outober 12, 1786. SiRj^There are in the prison of St. Pol de Leon six or seven citizens of the United States of America, charged with having attempted a contraband. of tobacco, but, as they say themselves, forced into that port by stress of weather. I believe that they are innocent. Their situation is described me to be ^s deplora- ble as should be that of men found guilty of the -v^orst of crimes. They are in close jail, allowed three sous a day only, OOERESPONDENCE. aqd unable to speak a word of the language of the country. I hope their distress, which it is my duty to relieve, and the recom- mendation of Mr. Bafclay to address myself to you, will apolo- gize for the liberty I take of asking you to advise them what to do for their defence, to engage some good lawyer for them, and to pass to them the pecuniary reliefs necessary. , I write to Mr. Lister Asquith, the'owner of the vessel, that he may draw bijls on me, from time to time, fOr a livre a day for every person of them, and what may be necessary to engage a lawyer for him. I will pray the favor of you to furnish him money for his bills, drawn on me for these purposes,, which I will pay on sight. You will judge if he should go beyond this allowance, and be so good as to reject the surplus. I must desire his lawyer to seiid me immediately a state of theiy case, and let me know in what court their process is, and when it is likely to be decided. I hope the circumstances of the case will excuse the freedom I take ; and I have the honor to be, with great respect. Sir, your most obedient humble servant. TO HOGENDOEP. Pakis, October 13, 1185. Deae SiR,-=-Having been much engaged lately, I have been unable sooner to acknowledge the receipt of your favor of Sep- tember the 8th. What you are pleased to say on the subject of my Notes is more than they deserve. The cojidition in- which- you first saw them would prove to you how hastily they had been originally written, as you may rememb^ the numerous in- sertions I had made in them from time to time, when I could find a moment for turning to them from othei; occupations. I have never yet, seen Monsieur de Buffon.- He has-been in the country all the summer. I sent him a copy of the book, and have only .heard his sentiments on one particular of it, th^t of the identity of the mammoth and elephants As to this, he retains his opin- ion that they are the same. If you had formed any considerable 464 JEFFERSON'S "WORKS. expectations from our revised code of laws, you will be much disappointed. It contains not more than three, or four laws which could strike the attention of a foreigner. Had it been a digest of all our laws, it would not have been comprehensible or in- structive but to a native. But it is still less so, as it digest^ only the British statutes and our own acts of Assembly, which are but a supplementary part of our law. The great basis of it is ante- rior to the date of the Magna Charta, which is the oldest statute extaiit. The only merit of this work is, that it mayjremove from our book shelves about twenty folio voliraies of our statutes, re- taining all the parts of them which jeither their own merit or the established system of laws required. You ask me what are those operations of the British nation which are likely to befriend us, and how they will produce this effect ? The British governrrient, as you may naturally supposej, have it much at heart to reconcile their nation to the loss of America. This is essential to the repose, perhaps even to the safety of the King and his ministers. • The ftiost effectual engines for this purpose, are the public papers. You know well that that government always kept a kind of standing army of news-wri- ter^, who, without any regard to truth, or to what should be like truth, invented and put into the papers whatever might serve the ministers. This suffices with the mags of the people, who have no means of distinguishing the false froni the true paragraphs of a newspaper. When forced to acknowledge our independence, they were forced to redouble their efforts to keep the nation quiet. Instead of a few of ihe papers formerly engaged, they now en- gaged every one. No paper, therefore, comes out without a dose of paragraphs against America. These are calculated for a sec- ondary purpose a,lso., that of preventing the emigrations of their people to America. They dwell very much on American bank- ruptcies. To explain these would require a long detail, but would show you that nine-tenths of these bankruptcies are truly English bankruptcies, in no wise chargeable on America. How- '• ever, they have produced effects the most desirable of all others/ for us. They have destroyed our credit, and thus checked our COEEESPONDENOE. 465 disposition to luxiiiy ; and, forcing our merchants to buy no more than they hSiye ready money to pay for, they force them to go to those markets where that ready money will buy most. Thus you see, they check our luxury, they force us to connect our- selves with all the world, and they prevent foreign emigrations to our country, all of which I consider as advfintageous to us. They are doing us another good turn. They attempt, without disguise, to possess themselves of the carriage of our produce, and to prohibit our own vessels from participating of it. This has raised a general indignation in America. The States see, however, that their constitutions have provided no means of counteracting it. They are, therefore, beginning to invest Con- gress with the absolute power of regulating their commerce, only reserving all revenue arising from it to the State, in which it is levied. This will consolidate our federal building very much, and for this we shall be indebted to the British. You ask what I think on the expediency of encouraging , our States to be commercial ? Were I to indulge my own theory, I should wish • them to practise neither commerce nor navigation, but to stand, with respect to Europe, precisely on the footing of China. We should thus avoid wars, and all our citizens would be husbandmen. Whenever, indeed, our numbers should so in- crease as that our produce would overstock the markets of those nations who should come to seek it, the farmers must either em- ploy the surplus of their time in manufactures, or the siu-plus of our hands must be employed in manufactures or in navigation. But that day would, I think, be distant, and we should long keep our workmen in Europe, while Europe should be drawing rough materials, and even subsistence from America. But this is theory only, and a theory which the servants of America are not at liberty to follow. Our people have a decided taste for nav- igation and commerce. They take this from their mother coun- try ; and their servants are in duty bound to calculate all their measures on this datum : we wish to do it by throwing open all the doors of commerce, and knocking off its shackles. But as this cannot be done for others, unless they will do it for us, and VOL. I. 30 466 JEFFERSON'S VOBKS. there is no great probability that Europe -will do this, I suppose we shall be obliged to adopt a system which may shackle them in our ports, as they do us in theirs. With respect to the sale of our lands, that cannot begin till a considerable portion shall have been surveyed. They cannot begin to survey till the fall of the leaf of this year, nor to sell probably till ithe ensuing spring. So that it will be yet a twelve- month before we shall be able to judge of the efficacy of our land office to sink our national debt. It is made a fundamental, that the proceeds shall be solely and saicredly applied as a sinking fund to discharge the capital only of the debt. It is true that the tobaccos of Virginia go almost entirely to England. The reason is, the people of that State owe a great debt there, which they are paying as fast as they can. I think I have now answered your several queries, and shall be happy to receive your reflections on the same subjects, and at all times to hear of your welfare, and to give you assurances of the esteem, with which I have the honor to be, dear Sir, your most obedi- ent, and most humble servant. Paris, October 15, 1'785. Deae Sib, — I should sooner have answered the paragraph in your letter, of September the 19th, respecting the best seminary for the education of youth in Europe, but that it was necessary for me to make inquiries on the subject. The result of these has been, to consider the competition &,s resting between Geneva and Rome. They are equally cheap, and probably are equal in the course of education pursued. The advantage of Geneva is, that students acquire there the habit of speaking French. The ad- vantages of Rome are, the acquiring a local knowledge of a spot so classical and so celebrated ; the acquiring the true pronounci- ation of the Latin language ; a just taste in the fine arts, more OOEEESPONDENCE. 467 particularly those of painting, sculpture, architecture, and music ; a familiarity with those objects and processes of agriculture which experience has s]^own best adapted to a climate like ours ; and lastly, the advantage of a fine climate for health. It is prob- able, too; that by being boarded in a French family, the habit of speaking that language may be obtained. I do not count on any advantage to be derived, in Geneva, from a familiar acquaint- ance with the principles of that government. The late revolu- tion has rendered it a tyrannical aristocracy, more likely to give ill than good ideas to an American. I think the balance in fa- vor of Rome. Pisa is sometimes spoken of as a place of educa- tion. But it does not offer the first and third of the advantages of Rome. But why send an American youth to Europe for education ? What are the objects of an useful AiHerican educa- tion ? Classical knowledge, modern languages, chiefly French, Spanish, and Italian ; Mathematics, Natural philosophy, Natural history. Civil history, and Ethics. In Natural philosophy, I mean to include Chemistry and Agriculture, and in natural history, to include Botany, as well as the other branches of those depart- ments. It is true that the habit of speaking the, modern lan- guages cannot be so well acquired in America ; but every other article can be as well acquired at William and Mary college, as at any place in Europe. When college education is done with, and a young man is to prepare himself for public life, he must cast his eyes (for America) either on Law or Physics. For the former, where can he apply so advantageously as to Mr. Wythe ? For the latter, he must come to Europe : the medical class of students, therefore, is the only one which need come to Europe. Let us view the disadvantages of sending a youth to Europe. To enumerate them all, would require a volume. I will select a few. If he goes to England, he learns drinking, horse racing, and boxing. These are the peculiarities of English education. The following circumstances are common to education in that, and the othpr countries of Europe. He acquires a fondness for European luxury and dissipation, and a contempt for the sim- plicity of his own country ; he is fascinated with the privileges 468 JEFFERSON'S WOEKS- of the European aristocrats, and sees, with abhorrence, the lovely equality which the poor enjoy with the rich, in his own coun- try ; he contracts a partiality for aristocracy or monarchy ; he forms foreign friendships which will never be useful to him, and loses the seasons of life for forming, in his own country, those^ friendships which, of all others, are the most faithful and per- manent ; he is led, by the strongest of all the human passions, into a spirit for feniale intrigue, destructive of his own and oth- ers' happiness, or a passion for whores, destructive of his health, and, in both cases, learns to consider fidelity to the marriage bed as an ungentlemanly practice, and inconsistent with happiness ; he recollects the voluptuary dress and arts of the European women, and pities and despises the chaste afiections and simplicity of those of his own country ; he retains, through life, a fond recollection, and a hankering after those places, which were" the scenes of his first pleasures and of his first connections ; he returns to his own country, a foreigner, unacquainted with the practices of domes- tic economy, necessary to preserve him from ruin, speaking and •writing his native tongue as a foreigner, and therefore unquali- fied to obtain those distinctions, which eloquence of the pen and iongue ensures in a free country ; for I would observe to you, that what is called style in Writing or speaking is formed very early in life, while the imagination is warm, and impressions are permanent. I am of opinion, that there never was an instance of a man's writing or speaking his native tongue with elegance, who passed from fifteen to twenty years of age out of the coun- try where it was spoken. Thus, no instance exists of a person's writing two languages perfectly. That will always appear to be his native language, which was most familiar to him in his "youth. It appears to me, then, that an American, coming to Europe for education, loses in his knowledge, in his morals, in his health, in his habits, and in his happiness. I had entertained only doubts on this head before I came to Europe : what I see and hear, since I came here, proves more than I had even suspected. Cast your eye over America : who are the men of most learning, of most eloquence, most beloved by their countrymen and most OORRESPONDENOE. 469 trusted and. promoted by them ? They are those who have been educated among them, and whose manners, morals, and habits, are perfectly homogeneous with those of the country. Did you expect by so short a question, to draw such a sermon on yourself ? I dare say you did not. But the consequences of foreign education are alarming to me, as an' American. I sin, therefore, through zeal, whenever I enter on the subject. You are sufficiently American to pardon me for it. Let me hear of your health, and be assured of the esteem with which I am, dear Sir, your friend and servant. TO BAKON T'HULEMEYfiR. Paeis, October 16, 1*786. Sir, — I am to acknowledge the receipt of the letter of the 11th instant, with which you have honored me, and wherein you are pleased to inform me of the satisfaction of his Prussian majesty of the treaty of amity and commerce between him and the United States of America. On our part, the earliest oppor- tunity was embraced of forwarding it to Congress. It goes by a vessel sailing about this time from Havre. I shall with great pleasure communicate to you its ratification by Congress, in the fiist moment in which it shall become known to me, and concur in the measures necessary for exchanging the ratifications. I shall take the greatest care to forward the letter you are pleased to enclose for Baltimore, according^ to its address. I have the honor to be, with sentiments of the greatest respect and esteem, Sir, your most obedient, and most humble servant. , TO ME. CAKMICHAEL. Paeis, October 18, 1785. Dear Sir, — ^Your favor of the 29th of September, came safely to hand : the constant expectation of the departure of the per- 470 JEFFEKSON'S WOEKS. sons whom I formerly gave you reason to expect has prevented my writing, as it has done yours. They will probably leave this in a week, but their route will be circuitous and attended with delays. Between the middle and last of November, they may be with you. By them, you will receiv,e a cypher, by which you may communicate with Mr. Adams and myself. I should have sent it by Baron Dreyer, the Danish minister ; but I then expected our own conveyance would have been quicker. Having mentioned this gentleman, give me leave to recommend him to your acquaintance. He is plain, sensible, and open : he speaks English well, and had he been to remain here, I should have cultivated his acquaintance much. Be so good as to pre- sent me very respectfully to him. This being to go by post, I shall only add the few articles of general American news, by the last packet. Dr. Franklin ar- rived in good health at Philadelphia, the 15th ult., and wa:s re- ceived amidst the acclamations of an immense crowd. • No late event has produced greater demonstrations of joy. It is doubted whether Congress will adjourn this summer ; but they are so thin, they do not undertake important business. Our western posts are in statu quo. I have the honor to be, with great esteem, dear Sir, your friend and servant. TO COUNT DE ARANDA. Paris, October 22, 1185. Sir, — The friendly dispositions which the Court of Madrid have been pleased to show towards us in our afiairs relative to the Barbary Powers, induce me to trouble you with an application on that subject. We are about sending persons to Morocco and Algiers to form arrangements with those powers. They will go by the way of Madrid. I ask the favor of your Excellency's passports for them. It would increase their value much if they could protect those persons from having their baggage searched. OpKKESPONDENOE. 471 The one going to Morocco takes with him about a thousand guineas worth of watches,' rings, and other things of that nature : he who goes to Algiers takes about a fourth of that value. I pledge myself that these, with their necessary clothes, will con- stitute the whole of their baggage, and that these are neither to be sold nor left in Spain. The duties to which these things would be subject are of no consideration with us. It is to avoid the delays, the difficulties, and even the losses which, may ac- crue from the examination of small and precious things on the road. Two separate passports will be acceptable : the one for Thomas Barclay, arid David S. Franks, and their servants ; the other for John Lambe and Randall, and their servants. We. propose to keep these transactionsj as much as we can from the eyes of the public. I have the honor to be, with the highest respect and esteem, your Excellency's most obedient and most humble servant. TO MESSES. VAN STAPHOKSTS. " Paeis, October 25, 1785. Gentlemen;, — I received yesterday your favor of the 20th in- stant. In order to give you. the information you desire on the subject of the liquidated debts of th,e United States, and the comparative footing on which they stand, I must observe to you, that the first and great division of our federal debt, is, into 1, foreign ; and 2, domestic. The foreign debt comprehends, 1, the loan from the government of Spain : 2, the loans from the government of France, and from the Farmers General ; 3, the^ loans negotiated in Holland, by order of Congress; This branch of our debt stands absolutely singular ; no man in the United States having ever supposed that Congress, or their legislatures, can, in any wise, modify or alter it. They justly view the United States as the one party, and the lenders as the other, and that the consent of both >vould be requisite, were any modi- 472 JEI PERSON'S WORKS. fication to be proposed. But with respect to the domestic debt, they consider Congress as representing both the borrowers and lenders, and that the modifications which have taken place in this have been necessary to do justice between the two par- ties, and that they flowed properly from Congress as their mu- tual umpire. The domestic debt comprehends 1, the army debt ; 2, the loan office debt ; 3, the liquidated debt ; and 4, the unliquidated debt. The first term includes debts to the officers and soldiers for pay, bounty and subsistence; The. second term means moneys put into the loan office of the United States. The third comprehends all debts contracted by quarter-masters, commissaries, and others duly authorized to procure supplies for the army, and which have been liquidated (that is, settled) by commissioners appointed under the resolution of Congress, of June the 12th, 1780, or by the officer who made the contract. The fourth comprehends the whole, mass of debts, described in the preceding article, which have not yet been liquidated. These are in a course. of liquidation, and are passing over daily into the third class. The debts of this third class, that is, the • liquidated debt, is the object of your inquiry. No time is fixed for the payment of it, no fund as yet determined, nor any firm provision for the interest in the meantime. The consequence is, that the certificates of these debts sell greatly below par. When I left America, they could' be bought for from two shil- lings and sixpence to fifteen shillings in the pound : this differ- ence proceeding from the circumstance of some States having provided for paying the interest on those due in their own State, which others had not. Hence, an opinion had arisen with some, and propositions had even been made in the legislatures, for paying off the principal of these debts with what they had cost the holder, and interest on that. This opinion is far from being general, and I think will not prevail. But it is among possible events. I have been thus particular, that you may be able to judge, not only in the present case, but also in others, should any attempts be made to speculate in your city, on these papers. It is a busi- OOERESPOFDENOE. 473 ness, in which foreigners wilLbe in great danger of being duped. It is a science which bijis defiance to the powers of reason. To understand it, a man must not only be on the spot, and be per- fectly possessed of all the circumstances relative to every species of these papers, but he must have that dexterity which the habit of buying and selling them alone gives. The brokers of these certificates are few in number, and any other person venturing to deal with them, engages in a very unequal contest. I have the honor to he, with the highest respect, gentlemen, your most obedient humble servant. TO WILLIAM CAHMICHAEL. PaeUs, November 4, \185. Dear Sir, — I had the honor of writing you on the 18th of October, and again, on the 25th of the same month. Both letters, being to pass through the post offices, were confined to particular subjects. The first of them acknowledged the receipt of yours, of September the 39th. • At length a confidential opportimity arrives for conveying to you a cypher ; it will be handed you by the bearer, Mr. Lambe. Co- pies of it are in the hands of Mr. Adams, at London, Mr. Barclay, who is proceeding to Morocco, and 'Mr. Lambe, who is proceed- ing to Algiers. This enables us to keep up such correspondences with each other, as may be requisite. Congress, in the spring of 1784, gave powers to Mr. Adams, Dr. Franklin and myself, tp treat with the Barbary States. But they gave us no money for them, and the other duties assigned us render it impossible for us to ptoceed thither in person. These things having been rep- resented to them, they assigned to us a certain sumof money, and gave us powers to delegate agents to treat with those States, and to form preliminary articles, but confining to us the signing of them in a definitive form. They did not restrain us in the ap- pointment of the agents ; but the orders of Congress were brought to us by Mr. Lambe, they had w.aited for him four months, and the recommendations he brought pointed him out, in our opinion, 474 JEFFEESON'S WORKS. as a person who would meet the approbation of Congress. We therefore appointed him to negotiate with the Algerines. His manners and appearance are not promising. ' But he is a sensible man, and seems to possess some talents which may be proper in a matter of bargain. We have joined with him, as secretary, a Mr. Randall, from New York, in whose prudence we hope he will find considerable aid. They now proceed to Madrid, merely with the view of seeing you, as we are assured they will receive from you lights which may be useful to them. I hear that d'Ex- pilly and the Algerine ministers have gone from Madrid. Letters from Algiers, of August the 24th, inform me that we had two vessels and their crews in captivity there, at that time. I never had reason to believe, certainly, that any others had been captured. Should Mr. Lambe have occasion to draw bills, while in Spain, on Mr. Adams, you may safely assure the purchasers that they wiU be paid. An important matter detains Mr. Barclay some days longer, and his journey to Madrid will be circuitous. Perhaps he may arrive there a month later than Lambe. It would be well if the Emperor of Morocco coi^, in the meantime, know that such a person is on the road. Perhaps you may have an opportunity of notifying this to him officially, by asking from him passports for Mr. Barclay and his suite. This would be eflfecting two good purposes at once, if you can find an opportunity. Your letter of September the 2d, did not get to my hands till these arrangements were all taken between Mr. Adams and my* self, and the persons appointed. That gave me the first hint that you would have acted in this business. I mean no' flattery when 1 assure you, that no person would have better answered my wishes. At the same time, I doubt whether Mr. Adams and niy- self should have thought ourselves justifiable in withdrawing a servant of the United States from a post equally important with those which prevented our acting personally in the same busi- ness. I am sure, that, remaining where you are, you will be able to forward much the business, and that you will do it With a zeal you have hitherto manifested on every occasion. Your intercourse with America being less frequent than ours, OORRESPONDENOE. 475 from this place, I will state to you, generally, such new occur- rences there, as may be interesting ; some of which, perhaps, you will not have been informed of. It was doubtful, at the date of my last letters, whether Congress would adjourn this summer. They were too thin, however, to undertake important business. They had begun arrangements for the establishment of a mint. The Dollar was decidod on as the money Unit of America. I be- lieve, they proposed to have gold, silver and copper coins, descend- ing and ascending decimally ; viz., a gold coin of ten dollars, a silver coin of one-tenth of a dollar (equal to a Spanish bit), and a copper coin of one-hundredth of a dollar. These parts of the plan, however, were not ultimately decided on. They have adopted the late improvement in the British post office, of send- ing their mails by the stages. I am told, this is done from New Hampshire to Georgia, and from New York to Albany. Their treasury i^ administered by a board, of which Mr. Walter Liv- ingston, Mr. Osgood, and Dr. Arthur Lee, are members. Gover- nor Rutledge, who had been appointed minister to the Hague, on the refusal of Governor Livingston, declines coming. We are un- certain whether the States will generally come into the proposition of investing Congress with the regulation of their commerce. Mas- sachusetts has passed an act, the first object of which seemed to be, to retaliate on the British commercial measures, but in the close of it, they impose double duties on all goods imported in bottoms not wholly owned by citizens of our States. New Hampshire has followed . the example. This is much complained of here, and will probably draw retaliating measures from the States of Eu- rope, if generally adopted in America, or not corrected by the States which have adopted it. It must be our endeavor to keep them quiet on this side the water, under the hope that our coun- trymen will correct this step ; as I trust they wilj do. It is no ways akin to their general system. I am trying here to get contracts for the supplying the cities of France with whale oil, by the Boston merchants. It would be the greatest relief possi- ble to that State, whose commerce is in agonies, in consequence of being subjected to alien duties on their oil, in Great Britain, 476 JEFFERSON'S WORKS. ■which has been heretofore their only market. Can anything be done, in this way, in Spain? Or do they there light their streets in the night ? A fracas, which has lately happened in Boston, becoming a se- rious matter, I will give you the details of it, as transmitted to Mr. Adams in depositions. A Captain Stanhope, commanding the frigate Mercury, was sent with a convoy of vessels from Nova Scotia to Boston, to get a supply of provisions for that colony. It had happened, that two persons living near Boston, of the names of Dunbar and Lowthorp, had been taken- prisoners during the war, and transferred from one vessel to another, till they were placed on board Stanhope's ship. He treated.them most cruelly, whipping them frequently, in order to make them do duty against their coimtry, as sailors, on board his ship. The ship going to Antigua to refit, he put all his' prisoners into jail, first giving Dunbar twenty-four lashes. Peace took place, and the prisoners got hom,e under the general liberation. These men were quietly pursuing their occupations at home, when they heard that Stan- hope was in Boston. Their indigna,tion was kindled. They immediately went there, and, meeting Stanhope walking in the mall, Dunbar stepped up to him, and asked him if he recollected him, and the whipping him on board his ship. Having no weapon in his hand, he struck at Stanhope with his fist. Stanhope step- ped back and drew his sword. The people interposed, and guarded hirh to the door of a Mr. Morton, to which he retreated. There, Dunbar again attempted to seize him ; but the high sheriff had by this time arrived, who interposed and protected him. The assailants withdrew, and here ended all appearance of force. But Captain Stanhope thought proper to write to the Governor, which brought on the correspondence published in the papers of Europe. Lest you shouj^ not have seen it, I enclose it, as cut from a Lon- don paper ; though not perfectly exact, it is substantially so. You will doubtless judge, that Governor Bowdoin referred him properly to the laws for redress, as he was obliged to do, and as would have been done iii England, in a like case. Had he ap- plied to the courts, the question would have been, whether they COKEESPONDENOE. 477 ■would have punished Dunbar ? This must be answered now by conjecture only ; and, to form that conjecture, every man must ask himself whether he would not have done as Dunbar did ? And whether the people should not have permitted him to return to Stan- hope the twenty-four lashes ? This affair has been stated in the London papers, without mixing with it one circumstance of truth. In your letter of the 27th of June, you were so good as to tell me, that you should shortly send off some of the books I had taken the liberty to ask you to get for me, and that your corre- spondent at Bayonne, would give me notice of their arrival there. Not having heard from him, I mention it to you, lest they should be stopped anywhere. I am, with great respect, dear Sir, your most obedient humble servant. Paris, NoTember i, 1785. Sir, — 1 wrote you a short letter on the 29th of September, ac- knowledging the receipt of yours of August the 24th, from Al- giers, and promising that you should hear further from me soon. Mr. Adams, the American minister at London, and myself, have agreed to authorize the bearer hereof, Mr. Lambe, to treat for your redemption, and that of your, companions taken in American vessels, and, if it can be obtained for sums within our power, we shall have the money paid. But in this, we act without instruc- tion from Congress, and are therefore obliged to take the precau- tion of requiring, that you bind your owners for yourself and crew, and the other captain, in like manner, his owners for him- self and crew, and that each person, separately, make himself answerable for his own redemption, in case Congress requires it. I suppose Congress will not require it ; but we have no aiithority to decide that, but must leave it to their own decision ; which renders necessary the precautions I have mentioned, in order to justify ourselves for und?i'taking to redeem you, without orders. Mr. Lambe is instructed to make no bargain without your ap- 478 JEFFERSON'S WORKS. probation, and that of the other prisoners, each for himself. We also direct him to relieve your present necessities. I sincerely "wish you a speedy deliverance from your distresses, and a happy return to your family. I am, Sir, your most obedient humble servant. TO W. W. SEWARD. Paeis, November 12, 1785. Sir, — I received the honor of your letter of the 25th ult., written by desire of the associated company of Irish merchants, in London, and return you thanks for the kind congratulations you express therein. THe freedom of commerce between Ireland and America is undoubtedly very interesting to both countries. If fair play be given to the natural, advantages of Ireland, she must come in for a distinguished share of that commerce. She is entitled to it, from the excellence of some of her manufactures, the cheapness of most of them, their correspondence with the American taste, a sameness of language, laws and manners, a re- ciprocal affection between the people, and the singular circum- stance of her being the nearest European land to the United States. ' I am not at present so well acquainted with the tram- mels of Irish commerce, as to know what they are, particularly, which obstruct the intercourse between Ireland and America; nor, therefore, what can be the object of a fleet stationed in the western ocean, to intercept that intercourse. Experience, how- ever, has taught us to infer that the fact is probable, because it is impolitic. On the supposition that this interruption, will take place, you suggest Ostend as a convenient entrepot for the com- merce between America and Ireland. Here, too, I find myself, on account of the same ignorance of your cotnmercial regula- tions, at a loss to say why this is preferable to L'Orient, which, you know, is a free port and in great latitude, which is nearer to both parties, and accessible by a less dangerous navigation. I make no doubt, however, that the resftons of the preference are good. You find by this essay, that I am not likely to be a very OOERESPONDENOE. 479 instructive correspondent ; you shall find me, however, zealous in whatever may concern the interests of the two countries. The system, into which the United States wished to go, was that of freeing commerce from every shackle. A contrary conduct in Great Britain will occasion them to adopt the contrary system, at least as to that island. I am sure they would be glad, if it should he found practicable, to make that discrimination between Great Britain and Ireland, which their commercial principles, and their affection for-the latter, would dictate. I have the honor to be, with the highest respect for yourself and the company for whom you write, Sir, your most obedient • and most humble servant. TO THE COUNT DE VEEGENNES. Pakis, Kovember 14, 1785. SiK, — I take the liberty of troubling your Excellency on be- half of six citizens of the United States, who have been, for some time, confined in the prison of St. Pol de Leon, and of re- ferring for particulars, to the enclosed state of their case- Some of the material facts, therein mentioned, are founded on the bill of sale for the vessel, her clearance from Baltimore, and her log book. The originals of the two last, and a copy of the first, are in my hands. I hav6, also, letters from a merchant in Liverpool to Asquith, which render it really probable that his vessel was bound to Liverpool. The other circumstances depend^ on their afiirmation, but I must say, that in these facts, they have been uniform and steady. I have thus long avoided troubling your Excellency with this case, in hopes it would receive its decision, in the ordinary course of law, and I relied, that that would in- demnify the sufierers, if they had been used unjustly ; but though they have been in close confinement, now near three months, it has yet no appearance of approaching to decision. In the mean- time, the cold of the winter is coming on, and, to men in their situation, may produce events which would render all indemnifi- 480 JEFFERSOIT'S WOKKS. cation too late. I must, therefore, pray the assistance of your Excellency, for the liberation of their persons, if the established order of things may possibly admit of it. As to their property, and their personal sufferings hitherto, I have full confidence that the laws have provided some tribunal, where justice will be done them. I enclose the opinion of an advocate, forwarded to me by a gentleman whom I had desired to obtain, from some judicious person of that faculty, a state of their case. This may perhaps give a better idea than I can, of the situation of their cause. His inquiries have led him to believe they are innocent men, but that they must lose their vessel under the edict, which forbids those under thirty tons to approach the coast. Admitting their innocence, as he does, I should suppose them not the objects, on whom such an edict was meant to operate. The essential papers, which he says they re-demanded from him, and did not return, were sent to me, at my desire. I am, with sentiments of the highest respect, your Excellency's most obedient, and most humble servant. The case of Lister Asquith, owner of the schooner William and Catharine, William M'Neil, captain, William Thomson, Wil- liam, Neily, Robert Anderson, mariners, and William Fowler, passenger. Lister Asquith, citizen of the State of Maryland, having a law-suit depending in England, which required his presence, as involving in its issue nearly his whole fortune, determined to go thither in a small schooner of his own, that he might, at the same time, take with him an adventure of tobacco and flour to Liverpool, where he had commercial connections. This schooner he purchased as of fifty-nine and a quarter tons,- as appears by his bill of sale, but she had been registered by her owner at twenty-one tons, in order to evade the double duties in England, to which American vessels are now subject. He cleared out from Baltimore for Liverpool, the 11th of June, 1785, with eight hogsheads of tobacco and sixty barrels of flour, but ran aground COERESPONDENOE. 481 at Smith's point, sprung a leak, and was obliged to return to Bal- timore to refit. Having stopped his leak, he took his cargo on board again, and his health being, infirm, he engaged Captain William M'Neil* to go with him, and, on the 20th of June, sailed for Norfolk in Virginia, and, on the 22d, came to in Hampton road, at the mouth of the river on which Norfolk is. Learning here that tobacco would be better than flour for the English market, he landed fifty barrels of his flour and one hogshead of tobacco, which he found to be bad, meaning to take, instead thereof, nine hogsheads of tobacco more. But the same night it began to blow very hard, with much rain. The 23d, the storm, became more heavy; they let go both their anchoirs, but were driven, notwithstanding, from their anchorage, forced to put to sea and to go before the wind. The occurrences of their voyage will be best detailed by short extracts from the log-book. June 24. The weather becomes worse. One of the fore shrouds and the foremast carried away. June 25. , Shifted their ballast which threw them on their beam ends, and shipped a very heavy sea. Held a consultation, the result of which was, that seeing they were now driven so far to sea, and the weather continuing still very bad, it was better to steer for Liverpool, their port of destination, though they had not their cargo on board, and no other clearance but that which they took from Baltimore. June 29. The first observation- they had been able to take N. lat. 38° 13'. June 30. Winds begin to be light, but the sea still very heavy. •: July 5. Light winds and a smooth sea for the first time, in lat. 43^ 12'. July 9. Spoke a French brig, (Jiomte d'Artois, Captain Mieaux, * This was the officer who, on the eyaeuatioD of Fort Mifflin, after the British had passed the ehevaux de frise on the Delaware, was left with fifteen men to destroy the works, which he did, and brought off his men successfully. He had, before that been commander of the Kattlesnake sloop of war, and had much annoyed the Britisl tradfe. Being bred a seaman, he has returned to that vocation. VOL. L 31 482 JEFFERSON'S WOEKS. from St. Maloes, in distress for provisions. Relieved her with three barrels of flour. Aug. 6. Thick weather and a strong wind. Made the Lands' End of England. Aug. 7. Unable to fetch the land, therefore bore off for Scilly, and came to with both anchors. Drove, notwithstanding, and obliged to get up the anchors, and put to sea, running south- wardly. Aug. 8. Made the land of Prance, but did not know what part. Here the logbook ends. At this time they had on board but ten gallons of water, four or five barrels of bread, two or three pounds of candles, no firewood. Their sails unfit to be trusted to any longer, and all their materials for mending them exhausted by the constant repairs which the violence of the weather had called for. They therefore took a pilot aboard, who carried them into Pont Duval ; but being informed by the captain of a vessel there that the schooner was too sharp built (as the American ves- sels mostly are) to lie in that-port, they put out immediately, and the next morning the pilot brought them to anchor in the road of the Isle de Bas. Asquith went immediately to Roscaff, pro- tested at the admiralty the true state of his case, and reported his vessel and cargo at the custom-house. In making the report of his vessel, he stated her as of twenty-one tons, according to his register. The officer informed him that if she was no larger, she would be confiscated by an edict, which forbids all vessels under thirty tons to approach the coast. He told the officer what was the real truth as to his register and his bill of sale, aird was per- mitted to report her according to the latter. He paid the usual fees of ten livres and seven sols, and obtained a clearance. Notwithstanding this, he was soon visited by other persons whom he supposes to have been commis of the Fermes, who seized his vessel, carried her to the pier, and confined the crew to the ves- sel and half the pier, putting sentinels over them. They brought a guager, who measured only her hold and part of her steerage. OOERESPONDENOE. 483 allowing nothing for the cockpit, cabin, forecastle, and above one-half of the steerage, which is almost half the vessel, and thus made her contents (if that had been of any importance) much below the truth. The tobacco was weighed, and found to be six thousand four hundred and eighty-seven pounds,* which was sent on the 18th to Landivisian, and on the 19th they were committed to close prison at St. Pol de Leon, where they hjive been confined ever since. They had, yhen they first landed, some money, of which they were soon disembarrassed by difier- ent persons, who, in various fomis, imdertook to serve them. Unable, to speak or understand a word of the language of the country, friendless, and left without money, they have languished three months in a. loathsome jail, without any other sustenance, a great part of the time, than what could be procured for three sous a day, which have been furnished them to prevent their perishing. They have been made to understand that a criminal process is going on against them under two heads. , 1. As having sold to- bacco in contraband ; and 2, as having entered a port of France in a vessel of less than thirty tons biu'then. In support of the first charge, they understand that the circumstance is relied on, of their having been seen ofi' the coast by the employes des Fermes one or two days. They acknowledge they may have been so seen whUe beating off Pont. Duval till they could get a pilot while entering that port, and again going round from thence to the road of the Isle de Bas. The reasons for this__have been ex- plained. They further add, that all the time they were at Pont Duval they had a King's oificer on board, from whom, as well as from their pilot and the captain, by whose advice they left that port for the Isle de Bas, information can be obtained by their ac- * A hogshead of tobacco weighs generally about one thousand pounds English, equal to nine hundi'ed and seventeen pounds French. The seven hogsheads he sailed with would therefore weigh, according to this estimate, six thousand four hundred and twentj-three pounds. They actually weighed more on the first essay. When afterwards weighed at Landivisian, they had lost eightyrfour pounds on being, car- ried into a drier air. Perhaps, too, a difference of weights may have entered into this apparent loss. 484 JEFFEESON'S WORKS, cusers (who are not imprisoned), of the true motives for that measure. It is said to be urged also, that there was found in their vessel some loose tobacco in a blanket, which excites a sus- picion that they had been selling tobacco. When they were stowing their loading, they broke a hogshead, as is always neces- sary, and is always done, to fill up the stowage, and to consoli- date and keep the whole mass firm, and in place. The loose to- bacco which had come out of the broken hogshead, they re- packed in bags ; but in the course of the distress of their disas- trous voyage, they had employed these bags, as they had done everything else of the same nature, in mending their sails. The condition of their sails, when they came into port, will prove this, and they were seen by witnesses enough, to whom their ac- cusers, being at their liberty, can have access. Besides, the sale of a part of their tobacco is a fact which, had it taken place, might have been proved ; but they deny that it has been proved, or ever can be proved by true men, because it never existed. And they hope the justice of this country does not permit stran- gers, seeking in her ports an asylum from death, to be thrown into jail and continued there indefinitely, on the possibihty of a fact, without any proof. More especially when, as in the pres- ent case, a demonstration to the contrary is furnished by their clearance, which shows they never had more than eight hogs- heads of tobacco on board, of which one had been put ashore at Hampton in Virginia, as -has been before related, and the seven others remained when they first entered port. If they had been smugglers of tobacco, the opposite coast oflfered a much fairer field, because the gain there is as great ; because they imderstand the language and laws of the country, they know its harbors and coasts, and have connections in them. These circumstances are so important to smugglers, that it is believed no instance has ever occurred of the contraband of tobacco, attempted on this side the channel by a crew wholly American. Be this as it may, they are not of that description of men. As to the second charge, that they have entered a port of France in a vessel of less than thirty tons burthen, they, in the OOEEESPONDENOE. 485 first place, observe that they saw the guager measure the vessel, and affirm that his method of measuring could render little more than half her true contents ; but they say, further, that were she below the size of thirty tons, and, when entering the port, had they known of the alternative of either forfeiting their vessel and cargo, or of perishing at sea, they must still have entered the port : the loss of their vessel and cargo being the lesser evil. But the character of the lawgiver assures them, that the intention of his laws are perverted when misapplied to persons who, under their circumstances, take refuge in his ports. They have no oc- casion to recur from his clemency to his justice, by claiming the benefit of that article in the treaty which binds the two nations together, and which assures to the fugitives of either from the dangers of the sea, a hospitable reception and necessary aids in the ports of the other, and that without measuring the size of their vessel. Upon the whole, they protest themselves to have been as inno- . cent as they have been imfortunate. Instead of relief in a friendly port, they have seen their misfortunes aggravated by the conduct of officers, who, in their greediness for gain, can see in no cir- cumstance anything but proofs of. guilt. They have already long suffered, and are still suffering, whatever scanty sustenance an inclement season and close confinement can offer most distress- ing to men who have been used to neither, and who have wives and children at honie participating of their distresses ; they are utterly ignorant of the laws and language of the country where they are suffering-; they are deprived of that property which would have enabled them to procure counsel to plage their in- juries in a true light ; they are distant from jthe stations of those who are appointed by their country to patronize their rights; they are not at liberty to go to them, nor able to have communi- cation through any other than the micertain medium of the posts ; and they see themselves already ruined by the losses and delays they have been made to incur, and by the failure of the original object of their voyage. They throw themselves, therefore, on the patronage of the government, and pray that its energies may 486 JEFFERSON'S WOEKS. be interposed in aid of their poverty and ignorance, to restore them to their liberty, and to extend to them that retribution which the laws of every country mean to extend to those who suffer unjustly. TO JOHN ADAMS. Paris, November 19, IVSS. Dear Sir, — I wrote to you, on the 11th of October, by Mr. Preston, and again on the 18th of the same month, by post. Since that, yours of September the 25th, by Mr. Boylston, of October the 24th, November the 1st, and November the 4th, have come safe to hand. I will take up their several subjects in order. Boylson's object wa§, first, to dispose of a cargo of spermaceti oil, which he brought to Havre. A secondary one, was to ob- tain a contract for future supplies. I carried him to the Marquis de La Fayette. As to his first object, we are in hopes of getting the duties taken off, which will enable him to sell his cargo. This has led to discussions with the ministers, which give us a hope that we may get the duties taken off in perpetuum. This done, a most abundant market for our oil will be opened by this country, and one which will be absolutely dependent on us ; for they have little expectation themselves of establishing a success- ful whale fishery. It is possible they may only take the duties off of those oils, which shall be the produce of associated com- panies of French and American merchants. But, as yet, nothing certain can be said. I thank you for the trouble you have taken to obtain insur- ance on Houdon's life. I place the thirty-two pounds and eleven shillings to your credit, and not being able, as yet, to determine precisely how our account stands, I send a sum by Colonel Smith, which may draw the scales towards a balance. The determination of the British cabinet to make no equal treaty with us, confirms me in the opinion expressed in your letter of October the 24th, that the United States must pass a OOREESPONDENOE. 487 navigation act against Great Britain, and load her manufactures ' -with duties, so as to 'give a preference to those of other countries ; ' and I hope our Assemblies will wait no longer, but transfer such a power to Congress, at the sessions of this fall. I suppose, however, it will only be against Great Britain, and I think it will be right not to involve other nations in the consequences of her injustice. I take for granted, that the commercial system, wished for by Congress, was such a one as should leave commerce on the freest footing possible. This was the plan on which we prepared our general draught for treating with all nations. Of those with whom we were to treat, I ever considered England, France, Spain, and Portugal as capitally important ; the first two, on ac- count of their American possessions, the last, for their European as well as American. Spain is treating in America, and probably will give an advantageous treaty. Portugal shows dispositions to do the same. France does not treat It is likely enough she will choose to keep the staff in her own hands. But, in the meantime, she gives us an access to her West Indies, which, though not all we wish, is yet extremely valuable to us ; this access, indeed, is much affected by the late Arrets of the 18th and 25th of September, which I enclose to you. I consider these as a reprisal for, the navigation acts of Massachusetts and New Hampshire. The minister has complained to me, officially, of these acts, as a departure frpm the reciprocity stipulated for by the treaty; I have assured him that his complaints shall be communicated to Congress, and, in the meantime, observed that, the example of discriminating between foreigners and natives had been set by the Arret of August, 1784, and still more re- markably by those of September the 18th and 25th, which, in effect, are a prohibition of our fish in their islands. However, it is better for us that both sides should revise what they have done. I am in hopes this country did not mean these as per- manent regulations. Mr. Bingham, lately from Holland, tells me that the Dutch are much dissatisfied with these acts. In fact, I expect the European nations in general, will rise up against an attempt of this kind, and wage a general commercial 488 JEFJ'ERSON'S WORKS. war against us. They can do well without all our commodities, except tobacco, and^ we cannot find elsewhere markets for them. The selfishness of England alone will not justify our hazarding a contest of this kind*against all Europe. Spain, Portugal, and France, have not yet shut their doors against us ; it will be time enough when they do to take up the commercial hatchet. I hope, therefore, those States will repeal their navigation clauses, except as against Great Britain and other nations not treating with us. I have made the inquiries you desire as to American ship-tim- ber for this country. You know they sent some person (whose name was not told us) to America, to examine the quality of our masts, spars, (fee. I think this was young Chaumont's business. They have, besides this, instructed the officer who superintends their supplies of masts, spars, your funds here, and the little necessity there is for my interference. Whenever you order a, sum of money into Mr. Grand's hands, nothing will be more natural than your instructing him how to apply it, so, as that he shall observe your instructions alone. Among these, you would doubtless judge it necessary to give him one standing instruc- tion, to answer my drafts for such sums as my office authorizes me to call for. These would be salary, couriers, postage, and such other articles as circumstances will require, which cannot be previously defined. These will never be so considerable as to endanger the honor of your drafts ; I shall certainly exercise in them the greatest caution, and stand responsible to Congress. Mr. Grand conceives that he has suffered in yovu: opinion by an application of two hundred thousand livres, during the last year, differently from what the office of finance had instructed him. This was a consequence of his being thought subject to direction here, and it is but justice to relieve him from blame on that account, and to show that it ought to fall, if- anywhere, on Dr. Franklin, Mr. Adams, and myself. The case was thus : The moneys here were exhausted, Mr. Grand was in advance about fifty thousand livres, and the diplomatic establishments in OOEEESPOFDENO'E. 521 France, Spain, and Holland, subsisting on his bounties, which they were subject to see, stopped every moment^ and feared a protest on every bill. Other current expenses, too, were depend- ing on advances from him, and though these were small in their aniount, they sometimes involved great consequences. In this situation, he received four hundred thousand livres, to be paid to this government for one year's interest. We thought the honor of the United States would suffer less by suspending half the payment to this government, replacing Mr. Grand's advances, ^and providing a fund for current expenses. We advised him so to do. I still think it was for the best, and I believe my colleagues have continued to see the matter in the same point of view. We may have heen biassed by the feelings excited by our own distressing situation. But certainly, as to Mr. Grand, no blame belongs to him. We explained this matter in a letter to Con- gress, at the time, and justice requires this explanation to you, as I conjecture that the forrner one has not come to your knowl- edge. The two hundred thousand livres retained, as before mention^ ed, have been applied to the purposes described, to the payment of' a year's interest to the French officers (which is about forty- two thousand livres), and other current expenses, which, doubt- less, Mr. Grand has explained to you. About a week ago, there remained .in his hands but about twelve thousand livres. In this situation, the demands of the French officers for a second year's intere^, were presented. But Mr. Grand observed there were neither money nor orders for them. The payment of these gentlemen, the last ye.ar, had the happiest effect imaginable. It procured so many advocates for the credit and honor of the United States, who were heard in all companies. It corrected the idea that we were unwilling to pay our debts. I fear that our present failure towards them will give new birth to new im- putations, and a relapse of credit. Under this fear, I have writ- ten to Mr. Adams to know whether he can have this money supplied from the funds in Holland ; though I have little hope from that quarter, because he had before informed me, that those 522 JEFFERSON'S WOEKS. funds would be- exhausted by the spring of the present year, and I doubt, too, whether he would venture to order these payments, without authority from you. I have thought it my duty to state these matters to you. I have had the honor of enclosing to Mr. Jay, Conunodore Jones's receipts for one hundred and eighty-one thousand and thirty-nine livres, one . sol and ten deniers, prize money, which (after deducing his own proportion) he is to remit to you, for the officers and soldiers who were under his command.- I take the liberty of suggesting, whether the expense and risk of double remittances might not be saved, by ordering it into the hands of Mr. Grand, immediately, for the purposes of the treasury in Eu- rope, while you could make provision at home, for the officers and soldiers, whose demands will jcome in so slowly, ,as to leave^ the use of a great proportion of this money, for a considerable time, and some of it forever. We could, then, immediately quiet the French officers. I have the honor to be,- with the most perfect respect and esteem, Gentlemen, your most obedient, and most humble ser- vant. TO JOHN JAY. January 2Ttii, 1786. SiK, — ^I had the honor of addressing you by the -way of Lon- don on the 2d instant. Since that, yom's of December 7th, has come to hand. I have now the pleasure to inform you that Mr. Barclay having settled, as far as depended on him, the account of Monsieur de Beaumarchais, left Paris on the 13th instant, to pro- ceed to Morocco. Business- obliged him to go by the way of L'Orient and Bourdeax, but he told me -he shoiild not be detained more than one day at either place. We may probably allow him to the last of February to be at Morocco. The imperial ambassador some days ago observed to me, that about eighteen months ago Dr. Franklin had written to him a CORRESPONDENCE. 523 letter proposing a treaty of commerce between the Emperor and the United States ; that -he had communicated it to the Emperor, and -had answered' to Df ; Franklin, that they were ready to enter into an agreement for that purpose, but that he had received no reply from him. I told him I had been informed by Dr. Frank- lin' of the letter making the proposition, but that this was the first I had ever hear of an answer expressing their readiness to enter into negotiations. That on the contrary, we had supposed no definitive answer had been given ; and that, pf course, the next "move was on their side. He expressed astonishment at this, and seemed so conscious of having written ^ such ,an answer, that he said he would have it sought for and send it to me for my inspec- tion. However, he observed that the delay, having proceeded from the expectation of each party that the other was tp make the next advance,, and the matter being understood, the two parties might now proceed to enter into the necessary arrange- ments. I told him that Congress had been desirous of entering into connections of amity and commerce with his Imperial Ma- jesty ; that for this purpose they had commissioned Mr. Adams, Dr. Franklin and myself, or any two of us, to treat ; that reasons of prudence had obliged them to affix some term to our commis- sions, and that two years were the term assigned ; that the delay, therefore, which had happened, was the more unlucky, as these two years would expire in the eiisuing spring. He said he sup- posed Congress could' have no objection to renew pur powers, or perhaps to appoint some -person to treat at Brussels. I told him i was unable to answer that, and we omitted further communi- cation on the subject till he should send me his letter written to Dr. Franklin. A few days after his Secretaire, d'Ambassade called on me with it.. It was the letter of September 28, 1784, (transmitted in due time to Congress,) wherein he had informed Dr. Franklin that the Emperor was disposed to enter into com- mercialr arrangements with us, and that he would give orders to the government of the l^fetherlands to take the necessary meas- ures. I observed to Monsieur de Blumendorif (the secretary), that this letter showed we were right in our expectations of their taking 524 JEFFERSON'S WOEKS. the next step. He seemed sensible of it, said that the quarrel with Holland had enc;rossed the attention of government, and that these orders relating to the Netherlands only, it had been expected that others had been given which should include Hungary, Bo- hemia and the Austrian dominions in general, and that they stiU expected such orders. 1 told him that while they should be at- tending them, I would write to Mr. Adams in London, my col- league in this business, in concert with whom I must move in it. I think they are desirous of treating, and from questions asked me by Monsieur de Blumendorff, -I suspect they have been led to" that decision, either by the resolutions of Congress of April 1784, asking powers from the States to impose restraints on the com- merce of States not connected with us by treaty, or else by an act of the Pennsylvania Assembly for giving such powers to Congress, which has appeared in the European papers. In the meantime, I own myself at a loss what to do. Our instructions are clearly to treat. But these made a part of a system wise and advantageous, if executed in all its. parts, but which has hitherto failed in its most material branch, — that of coimection with the powers having American territory. Should these continue to stand aloof, it may be necessary for the United States to enter into commercial regulations of a defensive nature. These may be embraced by treaties with the powers having no American territory, and who are most of them as little commercial as per- haps not to offer advantages which may countervail these embar- rassments. In case of war, indeed, these treaties will become of value, and even during peace the respectability of the Emperor, who stands at the head of one of the two parties which seem at present to divide Europe, was a lustre to those connected with him — a circumstance not to be absolutely neglected by us under the actual situation of things, a letter from Mr. Adams. on this subject. Not trusting the posts, however, and-obhged to wait private conveyances, our intercommunication is slow, and in the meanwhile our time shortening fast. I have the honor to enclose to you a letter from th6 Count de Vergermes, in favor of Mr. Dumas. With the services of this gentleman to the United CORRESPONDENCE. 525 States, yourself and Dr. Franklin are better acquainted than I am. Those he has been atle to render towards effecting the late alliance between 'France and the United Netherlands, are the probable ground of the present application. The minister for Geneva has desired me to have enquiries made after the Mr. Gal- latin, named in the within piper. I will pray you to have the necessary advertisements inserted in the papers, and to be so good as to favor me with the result. 1 enclose the Gazettes of France and Leyden to this date,. and have the honor to be, with the most perfect respect and esteem. Sir, your most obedient, and most humble servant. TO DE. FBANKLIN. Paris, 'January 2'7th, I'ZSe. Dear Sir, — ^I had the honor of writing to you on the 5th of October, and since that have- received yours of the 1st of the same month. We were highly pleased here with the health you en- joyed on your voyage, and with the reception you met with at home. This was no more t.han I expected. Had I had a vote for the Presidentship, however, I doubt whether I should not have withheld it from you that you might have leisure to collect and digest the papers you have written from time to time, and which the world wilt expect to be giventhem. This side of the globe is in a state of .absolute quiet, both political and literary. Not a sheet,! think, bascome out since your departure, which is worth notice. I do-not know whether before that the Abbe Rochon had thought of using the metal Platina, for the specula telescope. Indeed, I believe the thought is not his originally, but has been carried into execution before by the Spaniards. It is thought to take as high a polish as the metallic composition generally used, and is not liable to rust. Hoffman's method of engraving with ink was, I believe, known to you. I sent the other day to Pan- coiiche's, by Mr. Hopkinson's desire, to get the livraisons of the Encyclopedic which had not yet been taken out for him, and in- 626 • JEFFERSON'S WORKS. formed Pancouche that the subscription had been made by you. He sent me word two copies were subscribed for in your name, and at the same time sent both of them to me. Suppos- ing that the other may be your own, and that you had not made arrangements for having it sent you, I received it, and forwarded it in the same box with Mr. Hopkinson's. . K you have no better means of getting them in future, I offer my services very cheerfully to forward them from time to time. What I have paid for these (71 livres 10 sous), or may hereafter pay for others, you can be so good as to replace in the hands of Mr. Hopkinsdn. If there should be any other commissions to be executed here for you, I should take real pleasure in being useful to you. Your friends- here are all well I think, and make you much the subject of their con- versation. I will trouble you to present my esteem to young Mr. Franklin, and add assmances of the real respect and regard with which I have the, honor to be, dear Sir, your most obedient, and most humble servant. TO COLONEL MONKOE. Paris, January 27, 1786. Dear Sm, — I wrote you on the 11th of December, and on the 11th of this month I received your favor of July 15th, entrusted to Mrs. McCaulay Graham. I do not know from what place she sent it. The last papers from America present us a very dis- agreeable 'altercation between Mr. Jay, and a young man from whom he had deserved better things. Mr.'Oarmichael will, I fear, too, think himself involved. With him I am unacquainted personally, but he stands on advantageous groimds in the opin- ion of Europe, and most especially in Spain. Every pergon, whom I see from thence, speaks of him with great esteem. I mention this for your private satisfaction, as he seemed to be little known in Congress. Mr. Jay, however, knows him well, and, notwithstanding their little broulerie, his candor will do hiii^ justice. Dumas is a great favorite both of Holland and France. COKRESPONDENOE. 527 You will, be sensible of this from the application which is com- municated to Mr. Jay from, the Count de Vergennes. Mr. Van Bukel had solicited for him before I came from America. This is a delicate matter, the more so as I believe Congress had set the example by a letter to the King last year. True there is no comparison between the characters solicited for. The death of Mr. Hardy 'was matter of sincere concern to us. He had excel- lent virtues, and only one foible, that of being too good-humored. This intelligence was written to me from London by Colonel Humphreys, who went there in November last. There being nothing going on here under the commissions, to which he is Secretary, and some little matter there, he will probably stay there some while yet, or perhaps divide his time between that place and this. I send by this packet drawings for the Capitol and prison at Richmond. .- They are addressed to the Directors of the public buildings. If you have a curiosity to see them, open the round package which goes herewith, only be so good as to do them up again in the same way, and send them off by the first post. .1 think they will be a gratification to yourself and such members as like things of that kind. You see by my writing to you of American persons and things, that I have no- thing for you from this quarter. Europe enjoys the most per- fect repose, arid will do so at' least for another year. I have been, in expectation of receiving instructions from you as to your Encyclopeedie. But none being Qome, I will endeavor to send it to you by this conveyance, if it can be got to I'Orient in time for the packet. The re-establishment of these vessels is still doubtful ; and till they be re-established my correspondence will be very irregular. I have only to add assm-ances of the sincere esteem with which I am, dear Sir, your friend and servant. P. S. If I should be able to send on your copy of the Ency- clopaedic, it will be accompanied by one for Dr. Currie, which I will pray you to forward to Richmond by land or water as you see best. 528 JEFFERSON'S "WORKS. TO W. F. DUMAS. Paeis, February 2, ITSB. Sir, — I was honored some time ago with a letter from you of December 6th, enclosing two for America,, which I -forwarded by the first occasion. On the 18th of this month, I received a letter from his Excellency the Comit de Yergeimes, expressing the interest which he takes in your welfare, and. recommending you to Congress. This I had an opportunity of forwarding from hence on the 27th of January; under cover to Mr. Jay. Yester- day I was gratified ' with the receipt of your favor of Jam^ary 27th, containing a copy of the resolution of Congress of October 24th, in your favor, and which I wish had been more so. With respect to the payment of the arrearages, two things are neces- sary : first, an order froni the Treasury, and secondly, money to comply with it. Mr. Grand wrote me this morning, that he had not now as much left as to pay a bill of Mr. Carmichael's for 4300 livres just presented. I shall forward your letter to Mr. Jay the next week, with a request that the necessary measures may be taken for the payment of your arrearages and interest. In the meantime, I think you would do well to write a line for the same purpose to Mr. Jay, or to the Commissioners of the Treasury. I do not mean that what I have said above should prevent your drawing in due time for the salary of the current qiiarter. I will honor the draught from a private fund with which I can take that liberty. I thank you for what you say of the notes on Virginia. It is much more than they deserve. Though the various matters they touch on would have been be- ' yond the information of any one person whatever to have treated fully, and infinitely beyond mine, yet had I at the ^ time of writing them, had anything more in view than the satisfying a single individual, they should have been more attended to both in form and matter. Poor as they are, they have been .thought worthy of a surreptitious translation here, with the appearance of which very soon I have been threatened. This has induced me to yield to a friendly proposition from the Abbe Morellet, CORRESPONDENOE. 529 to translate and publish them himself, submitting the sheets pre- viously to my inspection. As a translation by so able a hand will lessen the faults of the original, instead of their being mul- tiplied by a h-ifeling translator. I shall add to it a map and such other advantages as may prevent the mortification of my seeing it appear in the injurious forin threatened. I shall with great pleasure send a copy of the original to you by the first opportu- nity, praying your acceptance of it. I have the honor to be with great esteen^ and respect, Sir, y6ur most obedient and most humble servant. TO JOHN AD4MS. . ^ Pasi3, February 7, 1786. T)^AR SiE,— ;-! am honored with yours. of January the 19th. Mine, of January the 12th, had not; I suppose, at that time got to your hands, as the receipt of it is unacknowledged. I shall be anxious till I receive your answer to it. I was perfectly satisfied before I received your letter, that your opinioii had been misimderstood or misrepresented in the ease of the ChevaUer de Mezieres. Your letter, however, will enable me to say so with authority. It is proper it should be known, that you had not given the opinion imputed to you, though, as to the main question, it is become useless ; Monsieur de Rfiyneval hav- ing assured" me, that what I had written on that subject had .per- fectly satisfied the Count de Vergennes and himself, that this case could never come under the- treaty, .To evinte, still further, the impropriety, of taking iip subjects gravely, on siich imperfect in- formation as this court had, I have this rnoment received a copy of an act of.the.Georgia Assembly, placing the subjects of France, as to real estates,- on the' footing of natural citizens, and expressly recogiiizing the treaty. Would you think anything could be added,'. after this, to put this question still further put of doors? A gentlernan of Georgia assured me, General Oglethorpe did not VOL. I. ' 34 ^30 JEFFKRSON'S WORKS. own a foot of land in the State. I do not know whether there 4as been any American determination on the question, whether American citizens and British subjects, born before the Revolu- tion, can be aliens to one another? I know there is an opinion of Lord Coke's, in Colvin's case, that if. England and Scotland should, in the course of descent, pass to separate Kings, those born under the same sovereign during the union, would remain natural subjects and not aliens. Common sense urges some con- siderations against this. ■ Natural subjects owe allegiance ; but we owe none. Aliens are ■. the subjects of a foreign power ; we are not subjects of a foreign power; The King, by the treaty, ac- knowledges our independence ; how, then, can we remain natural subjects ? The King's power is, by the constitution, competent to the making peace, war and treaties. Hfe had, therefore, author- ity to relinquish our allegiance by treaty. But if an act of par- liament had been necessary, the parliament passed an act to con- firm the treaty. So that it appears to me, that, in this question, fictions of law alone are opposed to sound sense. I am in hopes Congress wiU send a minister to Lisbon. I know no country with which we are likely to cultivate a more useful commerce. I have pressed this in my privatte letters. It is difiicult to learn anything certain here, about the French and English treaty. Yet, in general, little is expected to be done between them. I am glad to hear that the Delegates of Virginia had made the. vote relative to English commerce, though they afterwards repealed it. I hope they will come to it ^gain. When my last letters came away, they were engaged in passing, the re- visal of their laws, with some small alterations. The bearer of this, Mr. Lyons is a sensible, worthy young physician, son of one of our judged, and on his return'to Virginia. Remember me with affection to Mrs. and Miss Adams, Colonels Smith and Humphreys, and be assured of the esteem with which I am, dear Sir, your friend and servant. 00-ERESPOlTDENOE. 53I - ■ TO JAMES MADISON. Paris, February 8, 1786. Deak SiE,-r-My last letters Avere of the 1st and 20th of Sep- tember; and the 28th of October. Yours, unackhowledged, are of Ai{gust the 20th, October the 3d, and November' the 15th. I take this, the first safe opportunity, of enclosing to you the bills of lading for your books, and two others for your namesake of Williamsburg, and for the attorney, which I will pray you to forward. 'I thank you for the commimication of the remon- "strance against the'assessrnent. Mazzei, who is now in Holland, promised me to have it published in the Leyden gazette. It will do us great honor. I wish it may be as much approved by our Assembly, as by the wisest part of Europe. I have heard, with great pleasure, that . our Assembly have come to the resolution of giving the regulation of their cominerce to the federal head. I Vill venture to assert, th'at there is not one of its opposers, who, placed on this ground, would not see the wisdom of this measure. The politics of. Europe render it indispfensably necessary that, with respect to everything external, we be one nation only, firmly hooped together. Interior government is what each State should keep to itself. If it were seeii in Europe that all our States* could be. brought to concur in what the Virginia Assembly has done, it would produce a total revolution in' their opinion of us, and respect for us.. And it shoiild ever be held in mind, that in- sult arid war are the consequences of a w&.nt of respectability in the national character.. As. long as the States exercise, separate- ly, those acts of power which respect foreign nations, so long will there continufe to be irregularities committed by some one or other of them,, which will constantly keep us on an ill footing with foreign nations. I thank you for your information as to my Notes. The copies I have remaining shall be sent over, to be given to some of my friends, and to select subjects in the CoUege. I have been un- fortunate here with this trifle. I gave out a few copies only, and to confidential persons, writing in every copy a restraint 632 mrFEESON'S WORKS. against its publication. Among others, I gave a eopy to a Mr. Williams ; he died. I immediately took every precaution I could, to recover this copy. But, by some means or other, a bookseller had got hold of it. He employed a hireling translator, and is about publishing it in the most injurious form possible. I am now at a loss what to do as to England. Everything^, good or bad, is thought worth publishing there ; and I apprehend a trans- lation back from the French, and a publication here. I rather believe it will be most eligible to let the original come out in that country ; but am not yet decided. I have purchased little for you in the book way, since 1 sent the catalogue of my former purchases. I wish;, first, to have your answer to that, and ydur information, what parts of these purchases went out of your plan. You can easily say, buy more of this kind, less of that, &c. My wish is to conform myself to yours. I can get for you the original Paris edition of the En- cyclopedie, in thirty-five volumes, folio, for' six himdred and twenty livres; a good edition; in thirty-nine volumes, 4to, for three hundred and eighty livres ; and a good one, in thirty-nine volumes, 8vo, for two hundred and eighty livres. The new oiie will be superior in far the greater number of articles ; but not in • all. And the possession of the ancient one has, moreover, the advantage of supplying present use. I have bought one for my- self, but wait your orders as to you. I remernber your purchase of a watch in Philadelphia. If it should not have proved good, you can probably sell it. In that case, I can get for you, here, one made' as perfect as human art can make it, for about twenty- four louis. I have had such a one made by the best and most faithful hand in Paris. It has a second hand, but no repeating, no day of the month, nor other useless thing to impede and in- jure the movements which are necessary; For twelve louis more, you can have in the same cover, but on the back, and absolutely unconnected with the movements of the watch, a pedometer, which shall render you an exact account of the distances you walk. Your pleasure hereon shall be awaited. Houdon has returned. He called on me, the other day, to re- . OOKRESPONDENOE. 533 moristratQ against the inscription proposed for General Washing- ton's statue. He says it is too long to be put on the pedestal. I told him I was not at liberty to permit any alteration, but I would represent his objection to a friend, who could judge of its validity, and whether a change: could be authorized. This has been thfe subject of conversations here, and various devices and inscriptions have been suggested. The one which has appeared best to me may be translated as follows : " Behold, Reader, the form of George Washington. For his worth, ask History ; that will tell it, when this stone' shall have yielded to the decays of time. His. country erects this monument : Houdon makes it." This, for one side. On the seeo:^d, represent the evaci^ation of Boston, with the motto, .," Hostibus primum fugatis." On the third, the capture of the Hessians, with " Hostibus iterum devic- tis.'" On the fourth, the surrender of York, with "'Hostibus ul- timum debellatis." This is seizing the three most brilliant ac- tions of his military life. By giving out, here, a wish of receiv- ing _mottos for this stat^ie, we might. have thousands offered, from which still better "might be chosen. The artist made' the same objection, of length, to the inscription for the bust of the Marquis de La Fayette. An alteration of that might come in time still, if an alteration was wished. However, I am not ceirtain that it is desirable in either case. The State of Georgia has given twenty thousand acres of land to the Count d' Estaing. This gift is coilsidered . here as very honorable to him, and it has grat- ified him much. I am persuaded, .that a gift of lands by the State of Virginia to the Marquis de La Fayette would give a good opinion . here of our character, and would reflect honor on the Marquis. Nor, am I sure that the day will not come when it might be an useful asylum to him. The time of life at which he visited America was too well adapted to receive good and lasting impressions to permit him ever to accommodate himself to the principles of monarchical government ; and it will need all his own prudence, and that of his friends, to make this country a safe residence for him. How glorious, how comfortable in re- flection, will it be, to have prepared a refuge for him ia case of a 534 JEFPERSON'S WORKS. reverse. In the meantime, he could settle it with tenants from the freest part of this country, Bretaigne. i have never suggest- ed the smallest idea of this kind to him ; because the execution of it shoiild convey the first notice. If the State has not a right to give him lands with their own oflBcers, they could buy up, at cheap prices, the shares of others. I am .not certain, however,' whether in the public or private opinion, a similar gift to Count Rochambeau could be dispensed with. ' If the State could give to both, it would be better ; but, in any event, I think they should to the Marquis.- Count Rochambeau, too, has really deserved more' attention than he has received. Why not set up his bust, that of Gates, Greene,' Franklin, in your new capitol ? Apropos of the capitol. Do, my dear friend, exert yourself to get the plan, begun on, set aside, and that adopted, which was drawn here. It- was taken from a model which has been the admiration of sixteen centuries ; which has been the object of as many pil- grimages as the tomb of Mahomet ; which will give unrivalled honor to our State, and furnish a model whereon to form the taste of our young men. It will cost much less, too, than the one begun ; because it does not cover one-half of the area. Ask, if you please, a sight of my letter of January the 26th, t-o Messrs. Buchanan and Hay, which will spare me the repeating its sub- stance here. Everything is quiet in Europe. I recollect but one new in- vention in the arts, which is worth mentioning. It is a mixture of the arts of engraving and printing, rendering both cheaper. Write or draw anything on a plate of brass, with the i^hk of the inventor, and, in half an hour, he gives you engraved copies of if, so perfectly like the original, that they could not be suspected to be copies. His types for printing a whole page are all in one solid piece. An author, therefore, only prints a few copies of his work, from time to time, as they are called for. This saves the loss of printing more copies than may possibly b$ sold, and pre- vents an edition from being ever exhausted. I am, with a lively esteem, dear Sir, youi: sincere friend and servant. oorkesponden;oe. 535 TO MONSIEUR HILLIAED D'AUBERTEUIL. Paeis, 'February 20, 1T86. Sir;, — I have been honored with your letter, and the books which accompanied it, for which I return you my hearty thanks. America cannot but be flattered with the choice of the subject, on which you are at present employing your pen. The memory of the American Revolution will be ijpimortal, and will immor- talize those who record it. The reward is encouraging, and wiir justify all those pains, which a rigorous investigation of facts will render necessary. Many important facts, which pre- ceded the commencement of hostilities, to(xk place in England. These may mostly be obtained from good publications in that country. Some took place in this country. They will be prob- ably hidden from the present age. But America is the field where the greatest, mass of important events were transacted, and where alone they can now be collected. I, therefore, much applaud your idea of going to that country, for the verifisation of the facts you mean to record. Every man there can tell you more than any man here, who has. not been there ; and the very ground itself 'will give you new insight into some of the most interesting transactions. If I can be of service to you, in pro- moting your object there, I offer myself freely to your use. I shall be flattered by the honor of your visit here, at any time. I am seldom from home before noon ; but if any later hour should suit you better, I will take care to be at hoine, at any hour and day you will bei pleased to indicate. I have the honor to be, with great respect. Sir, your most obe- dient humble servant. . TO DR. BANCROFT. Paris, February 26, IIH. Dear Sir, — I wrote you on the 21st instant, on the subject of Mr. Paradise, which I hope you have received. 536 JEFFEESON'S "WOEKS. By the death of Mr. WiUiams, a copy of my Notes on Virginia got into the hands of a bookseller, who was about publishing a very abominable translation of them, when the Ahh6 Morellet heard of it, and diverted him from it by undertaking to translate it for him. They will thus appear in French in spite of my pre- cautions. The Abb^ engaged me to make a map, which I wish to have engraved in London. It is on a single sheet, twenty- three inches square, and very closely "«(rritten. It comprehends from Albemarle Sound to Lake Erie,. and from Philadelphia to the mouth of the great Kanawha, containing Virginia and Penn- sylvania, a great part of Maryland, and a part of North Carolina. It is taken from Suell, Hatchins, aud Fry and Jefferson. I wish the favor of you to make two propositions for me., and to inform me of the result. 1. To know from one of the best engravers how much he will ask for the plate and engraving, and in how short a time after he received the original can he furnish the plate, done in the best manner ; for the time is material, as the work is in- the press. 2. To know of Faden, or any other map merchant, for how much he will undertake to furnish me 1,800 copie^, on my sending the map to him, and iii what- time can he^ furnish them. On this alternative, I am to have nothing to do with the engraver, or any person but the undertaker. I am of opinion, he may furnish them to me for nothing, and fully in- demnify himself by the sale of the maps. -Though it is on a scale of only an inch to twenty miles, it is as particular as .the four- sheet maps from which it is taken, and I answer for the exact- ness of the reduction. I have supplied some new places, .though the first object which induced me to undertake it was to make a map for my book. I soon extended my view to the iTiaking as good a map of those counties, as my materials would admit ; and I have no doubt but that in the States of Pennsylvania, Mary- land, and Virginia, 600 copies can be sold for a dollar apiece. I- shall finish it in about a fortnight, except the divisions in the coxmties of Virginia, which I cannot do at all till I can get Hen- ry's map of Virginia. This I must trouble you to procure for me, and send immediately by the diligence ; and also give me CORRESPONDENCE. 537 information on the premises as soon as possible. You will per- ceive that time will press. . I hope the circumstances of this af- fair will plead my pardon for the trouble I am giving you. The expense of prociiring and sending the map shall be replaced, and an iijfinitude of th^-nks attend you. Sir, your most obedient humble servant. P. S. 1 do not propose that my name shall appear on the map, because it will belong to its original authors,, and because I do not wish to place myself at the bar of the public. TO THE COUNT DE VERGENNES. Paeis, February 28, 1786. Sib, — Circumstances, of public duty calling me suddenly tp London, I take the liberty of mentioning it to your Excellency, and of asking a few minutes' audience of you, at as §arly a day and hour as will be convenient to you, and that you will be so good as to indicate them to me. I would wish to leave Paris about Friday or Saturday, and suppose that my stay in London will be of about three weeks. I shall be happy to be the bearer of any commands your Excellency may have for that place, and will faithfully execute them. I cannot omit mentioning, how pleasing it would be to me to be enabled, before my departure, to convey to the American prisoners at St. Pol de Leon such mitigation of. their fate as may be thought admissible. I have the honor to be, with sentiments of the highest respect and esteem, your Excellency's most obedient, and most humble servant. TO THE HONOEABLE J. JAY. Paris, March 5, 1'786. SiE, — The several commissions to which Congress were pleased to appoint Colonel Himiphreys Secretary of .Legation, being 538 JEFFERSON'S WORKS. shortly to expire, and a French packet- offering him a convenient passage in the month of April, he proposes to avail himself of that occasion of returning to his own country, and of then pre- senting his respects and thanks to Congress, as ~a member of the several commissions with which his office was connected. I think it my duty to bear testimony to his ready, able, and faith- ful discharge of all its duties ; and I beg leave, through you, to present this testimony to Congress, and to assure them that his talents and dispositibn are such as they may repose themselves on with security, should they think to avail our country of them on any future occasion. I have the honor to be, with the high- est respect and esteem. Sir, yours, &c. TO JOHN JAY. Loudon, March 12, 1786. Sir, — The date of a letter from London will doubtless be as unexpected to you as it was unforeseen by myself a few days ago. On the 27th of last month. Colonel Smith arrived in Paris with a letter from Mr. Adams, informing me that there was at • this place a minister from Tripoli, having general powers to enter into treaties on behalf of his State, and with whom it was possible we might do something under our commission to that power ,■ and that he gave reason to believe he could also make arrangements with us for Tunis. He further added that the minister of Portu- gal here had received ultimate instructions from his court, and that probably that treaty might be concluded in the space of three weeks were we all on the spot together. He, therefore, pressed me to come over immediately. The first of these objects had some weight on my mind, .because, as we had sent no person to Tripoli or Tunis, I thought if we could meet a minister from them on this groimd, our arrangements would be settled much sooner, and at less expense. But what principally decided me was the desire of bringing matters to a conclusion with Portugal OOEEESPONDENOE. .539 before the term of our commissions should expire, or any new, turn in the negotiations of France and England should abate their willingness to fix a connection with us. A third motive had also its weight. I hoped that my attendance here, and the necessity of shortening it, might be made use of to force a de- cisive answer from this court. I therefore concluded to cornply with Mr. Adams's reqiiest. I went immediately to Versailles, and apprised the Count de Vergennes that circumstances of public duty called me hithei; for three or four weeks, arranged with him some matters, and set out with Colonel Smith for this place, where we arrived last night, which was as early as the excessive rigor of the weather admitted. I. saw Mr. Adams immediately, and again to day. He informs me that the minister of Portugal was taken ill five or six days ago, has been very much so, but is now somewhat better. It would be- very mortifying, indeed, should this accident, with the shortness of the term to which I limit my stay here, defeat what was the principal object of my journey, and that, without which, I should hardly have undertakbn it. With respect, to this country, I had no doubt but that every consideration had been tirged by Mr. Adams which was proper to be urged. Nothing remains undone in this way. But we shall avail ourselves of my journey here, as if made on purpose, just before the expiration of bur commission, to form our report to Congress on the execution of that commission, which report they may be given to know, cannot be formed without decisive information of the ultimate determination of /their court. , There is no doubt what that determination will be ; but it will be useful to have it; as it may put an end to all further expectations on our side the, water, and show that the time is come fordoing whatever is to be done by us for counteracting the unjust and greedy designs of this country. We shall have the honor, be- ■ fore I leave this place, to inform you of the result of the several matters which have brought me to it. A day or two before my departure from Paris, I received your letter of January — . The question therein proposed, " How far France considers herself as bound to insist on the delivery of 540 JEFFERSON'S WORKS. the posts," would infallibly produce another, How far we con- sider ourselves as guarantees of their American possessions, and bound to enter into any future war in which these may be at- tacked ? The -words of the treaty of alliance seem to be with- out ambiguity on either head, yet I should be afraid to commit Congress by answering without authority; , I will endeavor, on my return, to soimd the opinion of the minister, if possible with- out exposing myself to the other question. Should anything forcible be meditated on these posts, it would possibly be thought prudent, previously, to ask the good offices of France to obtain their delivery. In this case, they would probably say, we must first execute the' treaty on our part by repealing all acts which have contravened it. Now this measure, if there be any candor in the court of London, would suffice to obtain a delivery of the posts from them without the mediation of any third power. However, if this mediation should be finally needed, I see no reason to doubt owe obtaining it, and Still less to question its om- nipotent influence on the British court. I have the honor to be, with the highest respect and esteem, Sir, your most obedient, and most humble servant. TO KICHAED HENRY LEE. London, April 22, 1786. Dear Sir, — In yourletter of October the 29th, you desired me to send you one of the new lamps. I tried at every probable place in Paris, and could not get a tolerable one. I have been glad of it since I came here, as I find them much better made here. I now deliver one, with this letter, into the hands of Mr. Pulwar Skipwith, a merchant from Virginia, settled here, who promises to send it to you, with one for Mr. 0. Thomson. Be pleased to accept, this from me. It is now found that they may be used with almost any oil. I expect to leave this place in about three days. Our public 00-REESPONDENOE. 541 letters, joint and separate, will inform you what has been done, and what could not be done here. With respect to a commercial treaty with this country, be assured that this 'government not only has it not in contemplation at present to make any, but that they do not conceive that any circumstances will arise which shall render it expedient for them to have any political connection with lis. They think we shall be glad of their commerce on their own terms. There is no party in our favor here, either in power or out of power. Even the opposition concur with the ministry and the nation in this. I can scarcely consider as a party the Marquis of Lansdowne, and a half dozen characters about him, such as Dr. Price,' «fcc., who are impressed with the utility of a friendly connection with us-. The former does not venture this sentiment in parliament, and the latter are not in situations to be heard. The Marquis of Lansdowne spoke to me affectionately of your brother. Doctor Lee, and desired his respects to him, which I beg leave to communicate through you. Were he to come into the ministry (of which there is not the most distant prospect), he must adopt the King's system, or go out again, as he did before, for daring to depart from it. When we see, that through all the changes of ministry which have taken place during the present reign, there has never been a change of sys- tem with respect to America, we cannot reasonably doubt, that this is the system of the King himself. His obstinacy of char- acter we know ; his hostility we have known, and it is embit- tered by ill success. If ever this nation, during his life, enter into an'angements with us,' it must be in consequence of events of which they do not at present see a possibility. The object of the present ministry is to buoy up the nation with flattering calculations of their present prosperity, and to make them believe they are better without us than with us. This they seriously believe ; for what is it men cannot be made to believe ! I dined the "other day in a company of the ministerial party. A General Clark, a Scotchman and ministerialist, sat next to me. He in- troduced the subject of American affairs, and in the course of the conversation told me that were America to petition Parliament 642 JEFFERSON'S WORKS. to be again received on their former footing, the petition would be very generally rejected. He was serious in this, and I think it was the sentiment of the company, and is the sentiment per- haps of the nation. In this they are wise, but for a foolish reason. They think they lost more by suffering us to participate of their commercial privileges,. at home and abroad, than they lose by our political severance. The true reason, however, why such an application should be rejected is, that in a very short time, we should oblige them to add another hundred millions to their debt in unsuccessful attempts to retain the subjection offered to them. They are at present in a frenzy, and will not be re- covered from it till they shall have leaped the precipice they are now so boldly advancing to. Writing from England, I write you nothing but English news. The continent at present fur- nishes nothing interesting. I shall hope the favor of your letters at times. The proceedings and. views of Congress, and of the Assemblies, the opinions and dispositions of our people in gen- eral, which, in governments like ours, must be the fomidation of measures, will always be interesting to me ; as will whatever re- spects your own health and happiness, being with great esteem, dear Sir, your most obedient, and most humble servant TO CHARLES THOMSON. London, April 22, 1786. Deak Sir, — In one of your former letters, you expressed a wish to have one of the newly-invented lamps.' I find them made here much better than at Paris, and take the liberty of asking your acceptance of one, which will accompany this letter. It is now found that any tolerable oil may be used in them. The spermaceti oil is best, of the cheap kinds. I could write you volumes on the improvements which I find made, and making here, in the ai-ts. One deserves particular no- tice, because it is simple, great, and likely to have extensive con- OOKKESPONDENOE. 543 sequences. It is the application of steam, as an agent for work- ing grist mills. I have visited the one lately made here. It was, at that time, turning eight pair of stones. It consumes one hundred bushels of coal a day. It is proposed to put up thirty pair of stones. I do not know whether the quantity of fuel,is to be increased. I hear you are applying the same agent in America, to navigate boats, and I have little doubt, but that it will be applied generally to machines, so as to supersede the use of water ponds, and of course to lay open all the streams for navigation. We know that steam is one of the most powerful engines we can employ ; and in America, fuel is abundant. I find no new publication here worth sending to you. I shall set out for Paris within three or four days. Our pubUc letters will inform you of our proceedings here. I am, with sincere esteem, dear Sir, your friend and servant. TO JOHN JAT. London, April 23, 1186. Sir, — ^In my letter of March the 12th, I had the honor of ex- plaining to you the motives which had brought me to this place. A joint letter from Mr. Adams and myself, sent by the last packet, informed you of the result of our conferences with the Tripoline minister. The conferences with the minister of Portugal have been drawn to a greater length than I expected. However, everything is now agreed, and the treaty will be ready for signa- ture the day after to-morrow. I shall set out for Paris the same day. With this country nothing is done ; and that nothing is intended to be done, ontheir part, admits not the smallest doubt. The nation is against any change of measures ; the ministers are against it ; some from principle, others from subserviency ; and the Kiiig, more than all men, is against it. If we take a retro- spect to the beginning of the present reign, we observe that amidst all the changes, of ministry, no change of measures with 544 JEFFERSON'S WORKS. respect to America ever took place ; excepting only at the mo- ment of the peace ; and the minister of that -moment was imme- diately removed. Judging of the future by the past, I do not expect a change of disposition during the present reign, which bids fair to be a long one, as the King is healthy and temperate. That he is persevering, we know. If he ever changes his plan, it will be in consequence of events, which, at present, neither himself nor his ministers place among those which are probable. Even the opposition dare not open their lips in favor of a con- nection with us, so unpopular would be the topic. It is not that they think our commerce unimportant to them. I find that the merchants here set suiBcient value on it. But they are sure of keeping it on their own terins. No better proof can be shown of the security in which the ministers think themselves on this head, than that they have not thought it worth while to give us a conference on the subject, though, on my arrival, we exhibited to them our commission, observed to them that it would expire on the 12th of the next month, and that I had come over on piir- pose to see if any arrangements could be made before that time. Of two months which then remained, six weeks have elapsed without one scrip of a pen, or one word from a minister, except a vague proposition at an accidental meeting. We availed our- selves even of that, to make another essay to extort some sort of declaration from the court. But their silence is invincible. But of all this, as well as of the proceedings in the negotiation with Portugal, information will be given you by a joint letter from Mr. Adams and myself. The moment is certainly arrived, when the plan of this coml being out of all doubt. Congress and the States may decide what their own measures should be. The Marquis of Lansdowne spoke of you in very friendly terms, and desired me to present his respects to you, in the first letter I should write. He is thoroughly sensible of the folly of the present measures of this country, as are a few other characters about him. Dr. Price is among these, and is particularly dis- turbed at the present prospect. He acknowledges, however, that all change is desperate ; which weighs more, as he is intimate ooeeespondj;noe. • 645 with Mt. I'itt. This small -band of friends, favorable as it is,, does not pretend to say one word in p:nblic on our subject. I have the honor to be, with sentiments of the highest esteem and respect, Sir, youi most obedient, and most humble servant. TO JOHN JAT. London, April 23, 1786. Sm, — ^In another letter of this day, I stated to you what had passed with public characters, since iny arrival here. Conversar tions with private individuals, I thought if best not to mingle with the contents of that letter. Yet, as some have taken place which relate to matters within our instructions^ and with persons whose opinions deserve to have some weight, I will take the liberty of stating them. In a conversation with an ancient and respectable merchant of this place, such a view of the true state of the commercial connections of America and Great Britain, was presented to him,, as induced him to acknowledge they had been mistaken, in their opinions, and to ask that Mr. Adams and myself , Would .pernjit the chairman of the committee of American merchants to call on us. He observed that the same person hap- pened to be also chairman of the committee of the whole body of British merchants ; and that such was the respect paid to his person and office, that we inight consider what came from him, as coming froin the committees themselves. He called on us at an appointed hour. He was a Mr. Duncan Campbell, formerly much concerned in the American trade. We entered on the subject of the non-execution of the late treaty of peace, alleged on both sides. We observed that the refusal to deliver the western posts, and the withdrawing American property contrary to express stipulation, having preceded What they considered as breaches on our part, were to be considered as the causes of our proceedings. The obstructions thrown by our legislatures in the way of the recovery of their debts; were insisted on by him. VOL. I. 35 646 JEFFERSON'S WOEKS. We observed to him, that the great amount of the debt from America to Great Britain, and the little circulating coin in the former country, rendered an immediate payment impossible ; that time was necessary ; that we had been authorized to enter into explanatory arrangenients on this subject ; that we had made overtures for the purpose, which had not been attended to, and that the States had, therefore, been obliged to modify the article for themselves. He acknowledged the impossibility of imme- diate payment, the propriety of an explanatory convention, and said that they were disposed to allow a reasonable time. We mentioned the term of five years, including the present ; but that judgments might be allowed immediately, only dividing the execution into equal .and annual parts, so that the last should be levied by the close of the year 1790. This seemed to be quite agreeable to him, and to be as short a term as would be insisted on by them. Proceeding to the sum to be demanded, we agreed that the principal, with the interest incurring before and after the war, should be paid ; but, as to that incurring during the war, we differed from him.' He urged its justice with respect to them- selves, who had laid out of the use of their money during that period. This was his only topic. We opposed to it all those which circumstances, both public and private, gave rise to. He appeared to feel their weight, but said the renunciation of this interest was a bitter pill, and such a one as the merchtints here could not swallow. He wished that no declaration should be made as to this article ; but we observed that if we entered into explanatory declarations of the points unfavorable to us, we ^should expect, as a consideration for this, corresponding declara- tions on the parts in our favor. In fact, we supposed his view was to leave this part of the interest to stand on the general ex- pressions of the treaty, that they might avail themselves, in indi- dual cases, of the favorable dispositions of debtors or juries. We proceeded to the necessity of arrangements of our future com- merce, were it only as a means of enabling our country to pay its debts. We suggested that they had been contracted, while ■certain modes of remittance had existed here, which had been CORRESPONDENCE. 547 an inducement to us to contract these debts. He said he was not authorized to spealc on the subject of the future conunerce. He appeared really and feelingly anxious that arra,ngements should be stipulated as to the payment of the old debts ; said he would proceed in that moment to Lord Caermarthen's, and dis- cuss the subject with him, and that we might expect to hear from him. He took leave, and we have never since heard from him or any other person on the subject. Congress will judge how far these conversations should influence their future proceed- ings, or those of the States. I have the honor to be, with the highest respect and esteem, Sir, your most obedient humble servant. TO THE COUNT DE VERGENNtS. ■Paris, May 3, 1'786. SiE, — After begging leave to present my respects to your Ex- cellency, on my return to this place, I take the liberty of offering to your attention some papers, which I found on my arrival here, written by sundry merchants of L'Orient, and others, some of whom are citizens of the United States, and all of them coii- cerned in the trade between the two cbuntries. This has been carried on, by an exchange of the inanufactures and. produce of this country, for the produce- of that, and principally for tobacco, which, though, on its arrival here, confined to a single pur- chaser, hag been received equally from all sellers. In confidence of a continuance of this practice, the merchants of both coun- tries were carryirlg on their commerce of exchange. A late con- tract by the Farm has, in a great rheasure, fixed in a single mer- cantile house, the supplies of tobacco wanted for this country. This arrangement found the established merchants with some tobacco on hand, some on the seas' coming to therh, and more still due. By the papers now enclosed, it seems that there are six thousand four hundred and eight hogsheads, in the single 548 JEFFEESON'S WORKS. port of L'Orient. Whether gbvernmeTit may interfere; as to ar- ticles furnished by the merchants after they had notice of the contract before mentioned, must depend on principles of policy. But those of justice seem to iirge, that, for commodities furnish- ed before such notice, they should be so far protected, as that they may wind up without loss, the transactions in which the new arrangement found them actually eng'aged. Your Excel- lency is the best judge, how far it may be consistent with the rules of government, to interfere for their relief ; and with you, therefore, I beg leave entirely to rest their interests. Information lately received, relative to tlae Barbary States, has suggested, ihat it might be expedient, and perhaps neces- sary for us, to pave the way to arrangements with them, by a previous application to the Ottoman Porte. Your Excellency's intimate acquaintance with this subject would render your ad- vice to us equally valuable and desirable. If you would be pleased to permit me to wait on you, any day or hour which shall be most convenient to yourself, I should be much gratified by a little conversation with you on this subject. I have the honor to be, with great respect, your Excellency's most obedient, and most humble servant. TO JOHN PAGE. Paris, May 4, 1786. Deak Sir, — Your two favors of March the I5th and August the 23d, 1785, by Moiisieur d© la Croix, came to hand on the 15th of November. His return gives me an opportunity of send- ing you a copy of the nautical almanacs for 1786, '7, '8, '9. There is no late and interesting publication here, or I would send it by the same conveyance. With these almanacs, I pack a copy of some Notes I wrote for Monsieur de Marbois, in the year 1781, of which I had a few printed here. They were writ- ten in haste, and for his private inspection. A few friends hav- ing asked copies, I found it cheaper to print than to write them. OOERESPONDENOE. 549 They will offer nothing new to yoji, not even as an oblation of my friendship for-yoii, which is as old almost as we are our- selves. Mazzei brought me your favor of April, the 28th. I thank you much for your communications. Nothing, can be more grateful at such a distance. 'It is unfortunate that most people think the' occurrences passing daily under their eyes, are either known to all the world, or not worth being known. They therefore do not give them place in their letters. I hope you will be so good as to continue your friendly information. The proceedirigs of our public bodies, the progress of the public mind on interesting questions, the casualties which happen among our private friends, and wha:tever is interesting to your- self and family, will always be anxiously received by me. There is one circumstance in the work you were concerned in, which has not yet come to. my knowledge ; to wit, how far westward from Fort Pitt does the western boundary of Penn- sylvania pass, and ■where docs it strike the Ohio ? The propo- sition you mention from Mr. Anderson, on the purchase of to- bacco, I would have made. use of, but that I have engaged the abuses of the tobacco trade on a more general scale. I confess their redress is by no means ceiltain,; but, till I see all hope of removing the evil by the roots desperate, I cannot propose to prime its branches. I returned but three or four days ago from a two months' trip to England. I traversed that couiiitry much, and own both town and country fell short of my expectations. Comparing it with this, I found a much greater proportion of barrens, a soil, in other parts, not naturally so good as this, not better cultivated, but better manured, and, therefore, more productive. This pro- ceeds from the practice of long leases there, and short ones here. The laboring people here are poorer than in England. They pay about one half their produce in rent; the English, in gen- eral, about a third. The gardening, in that country, is the ar- ticle in which it surpasses all the earth. I mean their pleasure gardening. This, indeed, went far beyond my ideas. The city of London, though handsomer than Paris, is not so handsome as 550 JEFFERSON'S WORKS. Philadelphia. Their architecture is in the most Awretched style I ever saw, not meaning to except America, where it is bad, nor even Virginia, where it is worse than in any other part of Amer- ica which I have seen. The mechanical arts in London are carried to a wonderful perfection. But of these I need not speak, because of them my countrymen have unfortunately too many samples before their eyes. I consider the extravagance, which has seized them, as a m'ore baneful evil than toryism was during the war. It is the more so,, as' the example is set by the best and most amiable characters among us. Would a mission- ary appear, who would make frugality the basis of his religious system, and go through the land, preaching it up as the ordy road to salvation, I would join his school, though not generally dispbsed to seek my religion out of the dictates of my own rea- son, and feelings of my own heart. These things have been more deeply impressed on my mind, by what I have heard and seen in England. That nation hate uSj their ministers hate us, and their King, more than all other men. They have the im- pudence to avow this, though they acknowledge our trade im- portant to them. But they think, we carmot prevent our coun- trymen from bringing that into their laps. A conviction of this determines them to make no terms of commerce with us. They say, they will pocket our carrying trade as well as their own. Our overtures of commercial arrangements have been treated with a derision, which shows their firm persuasion, that wo shall never unite to suppress their commerce, or even to impede it. I think their hostility towards~iis is much more deeply rooted at present, than during the war. In the arts, the most striking thing I saw there, new, was the application of the principle of the steam-engine to grist mills. I saw eight pair of stones which are worked by steam, and there are to be set up thirty pair in the same house. A hundred bushels of coal a day, are con- sumed at present. I do not know in what proportion the con- sumption will be increased by the additional geer. Be so good as to present my respects to Mrs. Page and your family, to W. Lewis, P. Willis, and their families, and to accept GOREESPONDENOE. 55I yourself assurances of the sincere regard with which I am, dear Sir, your aflfectionate friend and servant. TO WILLIAM CAEMICHAEL. Paris, May 6, 1786. Deak Sik, — A visit of two months to England has been the cause of your not hearing from me during that period. Your letters of February 3d, to Mr. Adams and myself, and of Feb- ruary 4th, to me, had come to hand before my departure. While I was in London, Mr. Adams received the letters giving informa- tion of Mr. Lambe's arrival in Algiers. In London, we had con- ferences with a Tripoline ambassador, now at that court, named Abdrahaman. He asked us thirty thousand guineas for a peace with his court, and as much for Tunis, for which he said he could answer. What we were authiDrized to offer, being to this but as a drop to a bucket, our conferences were repeated, only for the pur- pose of obtaining information. If the demands of Algiers and Morocco should be in proportion to this, according to their superior power, it is easy to foresee that the United States will not buy a peace with money. What principally led me to England was, the information that the Chevalier del Pinto, Portuguese minister at that court, had received full powers to treat with us. I accord- ingly went there, and, in the course of six weeks, we arranged a commercial treaty between our two coimtries. His powers were only to negotiate, not to sign. And as I could not wait, Mr. Adams and myself signed, and the Chevalier del Pinto ex- pected daily the arrival of powers to do the same. The footing on which each has placed the other, is that of the most favored nation. We wished much to have had some privileges in their American possessions ; but this was not to be effected. The right to import flour into Portugal, though not conceded by the treaty, we are not without hopes of obtaining. My journey furnished us occasion to renew our overtures to the court of London ; which it was the more important to do, as our 552 JEFFERSON'S W.OKKS. powers to that court were to expire on the 13th of this month. These overtures were not attended to, and our commission ex- piring, we made our final report to Congress ; and I suppose this the last offer of friendship which will ever be made on our part. The treaty of peace being unexecuted on either part, in important points, each will now take their own measures for obtaining exe- cution. I think the King, ministers, and nation are more bitterly hostile to us at present, than at any period of the late war. A like disposition on our part has been rising for some time. In what events these things will end, we cannot foresee. Our countrymeij are eager in their passions and enterprises, and not disposed to calculate their interests against these. Oar enemies (for such they are, in fact) have for twelve years past followed but one uni- form rule, that of doing exactly the contrary of what reason points out. Having, early during our conte^, observed this in the British conduct, I governed myself by it in all prognostications of their measures; and I can say, with truth, it never failed me but in the circumstance of their making peace with us. I have no letters from America of later date than the new year. Mr. Adams had, to the beginning of February. I am in hopes our letters will give a new spur to the proposition, for investing Con- gress with the regulation of our commerce. This will be handed, you by a Baron Waltersdorf, a Danish gentleman, whom, if you did not already know, I should take the liberty of recommending to you. You were so kind as to write me that you would forward me a particular map, which has not come to hand. I beg you to be assured of the respect and es- teem with which I have the honor to be, dear Sir, your most obedient, and most humble servEint. TO MR. DUMAS. Pakib, May 6, 1786. Sib, — Having been absent in England, for some time past, your favors of February the 27th, March the 28th, and April the 11th, CORRESPONDENCE. 553 have not been acknowledged as soon as they should have been. I am obliged to you, for assisting to make me known to the Rhin- grave de Salm and the Marquis de la Ccste, whose reputations render an acquaintance with them desirable. I have not yet seen either, but expect that honor from the Rhingrave very soon. Your letters to Mr. Jay and Mr. Van Berkel, received in my ab- sence, will be forwarded by a gentleman who leaves this place for New York, within a few days. I sent the treaty with Prussia, by a gentleman who sailed from Havre, the 11th of November. The arrival of that vessel in America is not yet known here. Though the time is not long enough to produce despair, it is sufR^ ciently so to give inquietude lest it should be lost. This would be a cause of much concern to me ; I beg the favor of you to mention this circumstance to the Baron de Thulemeyer, as an apology for his not hearing from us. The last advices from America bring us nothing interesting. A principal object of my journey to Lon- don was to enter into commercial arrangements with Portugal. This has been done almost in the precise terms of those of Prussia. The English are still our enemies. The spirit existing there, and rising in America, has a very lowering aspect. To what events it may give birth, I cannot foresee. We are young and can sur- vive them ; but their rotten machine must crush under the trial. The animosities of sovereigns are temporary, and may be allayed ; but those which seize the whole body of a people, and of a peo- ple, too,- who dictate their own measures, produce calamities of long duration. I shall not wonder to see the scenes of ancient Rome and Carthage renewed in our day ; and if not pursued to the same issue, it may be because the republic of modern powers will not permit the extinction of any one of its members. Peace and friendship with all mankind is our wisest policy ; and I wish we may be permitted to pursue it. But the temper and folly of oiu: enemies may not leave this in our choice. I am happy in our prospect of friendship with the most estimable powers of Eu- rope, and particularly with those of the confederacy, of which yours is. That your present crisis may have a happy issue, is 554 JEFFERSON'S WORKS. the prayer and -wish of him who has the honor to be, -with great respect and esteem, Sir, your most obedient humble servant, TO WILLIAM DRAYTON, PAEis.May 6, 1'ySe. Sir, — Your favor of November the 23d came duly to hand. A call to England, soon after its receipt, has prevented my ac- knowledging it so soon as I should have done. I am very sensible of the'honor done me by the South Carolina society for promoting and improving agriculture and other rural concerns, when they were pleased to elect me to be of their body ; and I beg leave, through you, Sir, to convey to them my grateful thanks for this favor. They will find in me, indeed, but a very unprofitable ser- vant. At present, particularly, my situation is unfavorable to the desire I feel, of promoting their views. However, I shall cer- tainly avail myself of every occasion which sha;ll occur, of doing so. Perhaps I may render some service, by forwarding to the society such new objects of culture, as may be likely to succeed in the soil and climate of South Carolina. In an infant country, as ours is, these experiments are important. We are probably far from possessing, as yet, all the articles of culture for which nature has fitted our country. To find out these, will require abundance of unsuccessful experiments. But if, in a multitude of these, we make one useful acquisition, it repays our trouble. Perhaps it is the peculiar duty of associated bodies, to undertake, these experiments. Under this sense of the views of the society, and with so little opportunity of being otherwise useful to them, I shall be attentive to procure for them the seeds of such plants, as they will be so good as to point out to me, or as shall occur to myself as worthy their notice. I send at present, by Mr. Mcdueen, some seeds of a grass, found very useful in the southern parts of Europe, and particularly, and almost solely cultivated in Malta. It is called by the names of Sulla, and Spanish St. Foin, and is • OORRESPONDENOE. 555 the Hedysarum coronarium of LinnEeus. It is usually sown early in autumn. I shall receive a supply of fresher seed, this fall, which I will also do myself the honor of forwarding to you^ I expect, in the same season, from the sou1;h of France, some acorns of the cork oak, which I propose for your society, as I am per- suaded they will succeed with you. I observed it to grow in England, without shelter ; not well, indbed, but so as to give hopes that it would do well with you. I shall consider myself as a:lways honored by the commands of the society, whenever they shall find it convenient to make use of me, and beg you to be assured, personally, of the sentiments of respect and esteem with which I have the honor to be. Sir, your most obedient, and most humble servEint. TO W. T. FKANKLm. Paris, May T, I'lSB. Deak Sik, — On my return from a two months' visit to Eng- land, I found here your favor of January the 18th. This con- tains the latest intelligence I have from America. Your effects not being then arrived gives me anxiety for them, as I think they went in a vessel which sailed from Havre the 11th of No- vember. In this vessel, went also the two Mr. Fitzhughs of Virginia, with the Prussian treaty, our papers relative to the Bar- bary States, with the despatches for Congress, and letters which I had been writing to other persons in America for six weeks preceding their departure. I am obliged to you for the informa- tion as to Dr. Franklin's health, in which I feel a great interest. I concur in opinion with you, that in the present factious divi- sion of your State, an angel from heaven could do no good. I have been sorry, therefore, from the beginning, to see such time as Dr. Franklin's wasted on so hopeless a business. You have formed a just opinion of Monroe. He is a man whose soul might be turned wrong side outwards, without discovering a blemish to the world. I wish with all my heart, Congress may 566 JEFFERSON'S WORKS. • call you into the diplomatic line, as that seems to have attracted your own desires. It is not one in which you can do anything more than pass the present hour agreeably, without any prospect to future provision. Perhaps, the arrangements with Portugal, by adding to the number of those appointments, may give Con- gress an opportunity of doing justice to your own, and to Dr. Franklin's services. If my wishes could aid you, you have thom sincerely. My late return to this place scarcely enables me to give you any of its news. I have not yet called on M. La Veil- lard, or seen any of your acquaintances. The marriage of the ambassador of Sweden with Miss Neckar, you have heard of. Houdon is about taking a wife >also. His bust of the General has arrived, and meets the approbation of those who know the original. Europe enjoys a perfect calm, at present. Perhaps it may be disturbed by the death of the King of Prussia, which is constantly expected. As yet, we have no information from the Barbary States, which may enable us to prognosticate the success of our endeavors to effect a peace in that quarter. Present me respectfully and affectionately to Dr. Franklin, and accept assur- ances of the esteem with which I am, dear Sir, your friend and servant. TO ELBRtDGE GERRY. Paris, May 7, 1786. Dear Sir, — My last to you, was of the 11th of October. Soon after that, your favor of the 12th September came to hand. My acknowledgment of this is made later than it should have been, by my trip to England. Your long silence I ascribe to a more pleasing cause, that of devoting your spare time to one more capable of filling it with happiness, and to whom, as well as to yourself, I wish all those precious blessings which this change of condition is calculated to give you. My public letters to Mr. Jay will have apprised you of my journey to England, and of its motives ; and the joint letters of OOEKESPONDENOE; 557 Mr. Adams and myself, of its effects. With respect to Portugal, it produced arrangements ; with respect to England and Barbary, only information. 1 am quite at a loss what you will do with England. To leave her in possession of our posts, seems inad- missible ; and yet to take them, brings on a state of things for which we seem not to be in readiness. Perhaps a total suppress- ion of her trade, or an exclusion of her vessels from the car- riage of our produce, may have some effect ; but I believe not very great. Their passions are too deeply and too universally en- gaged in opposition to us. The ministry have found means to persuade the nation, that they are richer than they were while we participated of their commercial privileges. We, should try to turn our trade into other channels. I am in hopes this coun- try will endeavor to give it more encouragement. But what will you do with the piratical States ? Buy a peace at their en- ormous price ; force one ; or abandon the carriage into the Medi- terranean to other powers ? All these measures are disagree- able. The decision rests with you. The Emperor is now press- ing a treaty with us. In a commercial view, I doubt whether it is desirable ; but in a political one, I believe it is. He is now undoubtedly the second power in Europe, and on the death of the King of Prussia, he becomes the first character. An alliance with him will give us respectability in Europe, which we have occasion for. Besides, he will be at the head of the second grand confederacy of Europe, and may, at any time, serve us with the powers constituting that. I am pressed on so many hands to recommend Dumas to the patronage of Congress, that I cannot avoid it. Everybody speaks well of him, and his zeal in our cause. Anything done for him will gratify this coiurt, and the patriotic party in Holland, as well as some distinguished individuals. I am induced, from my own feelings, to recommend Colonel Humphreys to your care. He is sensible, prudent, and honest, and may be very firnlly relied on, in any office which requires these talents. I pray you to accept assurances of the sincere esteem and respect with which I am, dear Sir, your most obedient, and most humble servant. 658 JEFFERSON'S WOEKS. TO MK. OTTO. Paeis, May 7, I'ZSff. Sir, — ^My absence in England, for some •time past, has pre- vented my acknowledging so soon as I should have done, the receipt of your favor of January 15. .In that you speak of hav- ing written other letters, but no other has ever come to my hands. I thank you for the intelligence that contained, several articles of which never came to me through any other channel. On this side of the water everything ig quiet. But the death of the King of Prussia is daily expected, and I think it very possible this event may bring on a disturbance of the peace of Europe, as the elastic spirit of the Emperor will feel itself restrained by one pressure the less. This possibility excepted, Eiuope never had a more pacific appearance. Among the Dutch, the repubh- can party seems to be quite triumphant. The misunderstanding between Spain and Naples cannot produce any immediate con- sequences ; and that between France and Portugal, we are told, is amicably settled. It is said that the Elector of Bavaria is in an ill state of health. His death, with that of the King of Prus- sia, would hazard the tranquillity of Europe. I have not heard from the Chevalier de La Luzerne since my return. Count Ad- hemer is again in England. A change in the ministry here is more talked of and expected than at any time since my coming to this place. It is said the Baron de Breteuil will go out ; that M. de Calonnes will be transferred to this place, and a Monsieur Maillan succeed him. But the public know too little and talk too much of these things to command our belief. The marriage of the Swedish ambassador with the daughter of Mr. Neckar, you have known long ago. The Cardinal de Rohan and Cagli- otho remain where they did, in the Bastile ; nor does their af- fairs seem as yet to draw towards a conclusion. It has bren a curious matter, in which the circumstances of intrigue and de- tail have busied all the tongues, the public liberty none. I have been laboring with the ministry to get the trade between this country and the United States put on 'a better footing,, by OOREESPON.D.ENOE. 559 admitting a free importation and sale of our produce, assuring them that we should take their manufactures at whatever extent they Avould enable us to pay for them. The importation of our wha,le oil is, by the successful endeavors of M. de La Fayette, put on a good footing for this year. Mine, for emancipating the tobacco trade, have been less successful. I still continue to stir, however, this and all other articles. I think myself happy in the prospect of a correspondence with you, and am with sincere respect and esteem,. Sir, your most obedient humble servant. TO COLONEL mJMPHRETS. Paris, May 7, 1786. Dear Sir, — My stay in London having been considerably long- er than I had expected, I did not. arrive in this place till the last day of April. I found here your kind letter of the, 4th of that month, acknowledging, much more than they deserved, my little attentions to you. Their only merit was their being faithful testimonies of a sincere regard for you. The obligations have, in fact, been on my side, and I shall ever consider it as such. I sincerely wish that on your arrival in America, your own prefer- ence may be gratified by an appointment on that side of the water, to which your inclinations lead you. I have received the books and papers you mention, and will undertake 'to have fin- ished what you left undone of the. medals, or at least will proceed in it, till the matter shall be put into better hands. My princi- pal object in my journey to London was accomplished by ar- rangements with Portugal. They are almost exactly in the terms of those with Prussia ; except that the general license to trade is restrained to those places where any foreign nation is admitted. The Tripoline oflefed peace for 30,000 guineas for Tripoli, and as many for Tunis. Calculating on this scale, Morocco should ask 60,000, and Algiers 120,000. England decliries all arrange- ments with us. They say their commerce is so necessary to us, 560 JEFFEPwSON'S 'WOEKS. that we shall not deny it to ourselves for the sake of the carrying business, as the only trade they leave us is that with Great Brit- ain immediately, and that is a losing one. I hope Ave shall show them we have sense and spirit enough to suppress that, or at least to exclude them from any share in the carriage of our commodities. Their spirit towards us is deeply hostile, and they seem as if they did not fear a war with us. Should such an event become necessary, we have need of but only one reso- lution to place us on sure ground. That is, to abandon that ele- ment where they are strong and we nothing ; and to decide the contest on terra firma, where we have all to gain, and can lose nothing. The death of the King of Prussia is constantly ex- pected. Perhaps that event may bring on a general broil. I am too lately returned here to be a,ble to. give you any of the news of the place. I shall hope, to hear from you soon and often, and am, with sincere esteem, dear Sir, your friend and servant. t TO JAMES ROSS. Paris, May 8, 1786. Dear Sir, — I have duly received your favor of October the 22d, and am much gratified by the communications therein made. It has given me details, which do not enter into the views of my ordinary correspondents, and which are very entertaining. I experience great satisfaction at seeing my country proceed to facilitate the intercommunicatiotis of its several parts, by" opening rivers, canals and roads. How much more rational is this disposal of public money, than that of waging war. Before the receipt of your letter, Morris's contract for sixty thousand hogsheads of tobacco was concluded with the Farmers General. I have been for some tin^e occupied in endeavoring to destroy the root of the evils, which the tobacco trade encounter^ in this country, by making the ministers sensible, that merchants will not bring a commodity to a market, where but one person is COEEESPONDENOE. 561 allowed to buy it ; and that so long as that single purchaser is obliged to go to foreign markets for it, he must pay for it in coin, and not in commodities. These truths have made their way to the minds of the ministry, insomuch, as to have delayed the execution of the new lease of the Farms, six months. It is re- newed, however, for three years, but so as not to render impossi- ble a reformation of this great evil. They are sensible of the evil, but it is so interwoven with their fiscal system, that they find it hazardous to disentangle. The temporary distress, too, of the revenue, they are not prepared to meet. My hopes, there- fore, are weak, though not quite desperate. When they become so, it will remain to look about for the best palliative this monop- oly can bear. My present idea is, that it will be found in a prohibition to the Farmers General, to purchase tobacco anywhere but in France. You will perceive by this, that my object is to strengthen the connection between this country and my own, in all useful points. I am of opinion that twenty-three thousand hogsheads of tobacco, the annual consimiption of this coimtry, do not exceed the amount of those commodities which it is more advantageous to us to buy here than in England, or elsewhere ; and such a commerce would powerfully reinforce the motives for a friendship from this country towards ours. This friendship we ought to cultivate closely, considering the present dispositions of England towards us. I am lately returned from a visit to that country. The spirit of hostility to us has always existed in the mind of the King, but it has now extended itself through the whole mass of the people, and the majority in the public councils. In a country, where the voice of the people influence so much the measures of administration, and where it coincides with the private temper of the King, there is no pronouncing on future events. It is true they have nothing to gain, and much to lose by a war with us. But interest is not the strongest passion in the human breast. There are difficult points, too, still unsettled between us. They have not withdrawn their armies out of our country, nor given satisfaction for the property they brought off. On our part, we VOL. I. 36 562 JEFFEESON'S WOKKS. have not paid our debts, and it will take time to pay them. In conferences with some distinguished mercantile characters, I found them sensible of the impossibility of our paying these debts at once, and that an endeavor to force universal and immediate payment, would render debts desperate, which are good in them- selves. I think we should not have differed in the term necessary. We differed essentially in the article of interest. For while the principal, and interest preceding and subsequent to the war, seem justly due from us, that which accrued during the war does not. Interest is a compensation for the use of money. Their money, in our hands, was in the form of lands and negroes. Tobacco, the produce of these lands and negroes (or as I may call it, the interest of them), being almost impossible of conveyance to the markets of consumption, because taken by themselves in its way there, sold during the war, at five or six shillings the hundred. This did not pay taxes, and for tools and other plantation charges. A man who should have attempted to remit to his creditor tobacco, for either principal or interest, must have remitted it three times before one cargo would have arrived safe ; and this from the de- predations of their own nation, and often of the creditor himself ; for some of the merchants entered deeply into the privateering business. The individuals, who did not, say they have lost this interest ; the debtor replies, that he has not gained it, and that it is a case, where a loss having been incurred, every one tries to shift it from himself. The known bias of the human mind from motives of interest should lessen the confidence of each party in the justice of their reasoning ; but it is difficult to say, which of them should make the sacrifice, both of reason and interest. Our conferences were intended as preparatory to some arrange- ment. It is uncertain how far we should have been able to ac- commodate our opinions. But the absolute aversion of the gov- ernment to enter into any arrangement prevented the object from being pursued. Each country is left to do justice to itself and to the other, according to its own ideas, as to what is past ; and to scramble for the future, as well as they can ; to regulate their commerce by duties and prohibitions, and perhaps by cannons OOERESPONDENOE. 563 and mortars ; in which event, we must abandon the ocean, where we are weak, leaving to neutral nations the carriage of our com- modities ; and measure with them on land, where they alone can lose. Farewell, then, all our useful improvements of caiials and roads, reformations of laws, and other rational employments. I really doubt whether there is temper enough, on either side, to prevent this issue of our present hatred. Europe is, at this ino- ment, without the appeaiance of a cloud. The death of the King of Prussia, daily expected, may raise one. My paper ad- monishes me, that after asking e(^ continuance of your favors, it is time for me to conclude with assurances of the esteem with which I am, dear Sir, your friend and servant. TO T. PLEASANTS. Paris, May 8, 1786. Dear Sir, — At the time of the receipt of your favor of Octo- ber the 24th, the contract between the Farmers General and Mr. Morris, for tobacco, was concluded, and in a course of execution. There was no room, therefore, to offer the proposals which ac- companied your letter. I was moreover engaged in endeavors to have the monopoly, in the purchase of this article, in this coun- try, suppressed. My hopes on that subject are not desperate, but . neither are they flattering. I consider it as the most effectual means of procuring the full value of our produce, of diverting our demands for manufactures from Great Britain to this coun- try to a certain amount, and of thus producing some equilibrium in our commerce, which, at present, lies all in the British scale. It would cement an union with our friends, and lessen the torrent of wealth which we are pouring into the laps of our enemies. For my part, I think that the trade with Great Britain is a ruin- . ous one to ourselves ; .and that nothing would be an inducement to tolerate it, but a free commerce with their West Indies ; and that this being denied to us, we should put a stop to the losing 564 JEFFERSON'S WORKS. branch. The question is, whether they are right in their prog- nostications that we have neither resolution nor union enough for this. Everything I hear from my own country, fills me with despair as to their recovery from their vassalage to Great Britain. Fashion and folly are plunging them deeper and deeper into dis- tress ; and the legislators of the country becoming debtors also, there seems no hope of applying the only possible remedy, that of an immediate judgment and execution. We should try whether the prodigal might not be restrained from taking on credit the gewgaw held out to him in one hand, by seeing the keys of a prison in the other. Be pleased to present my respects to Mrs. Pleasants, and to be assured of the esteem with which I am, dear Sir, your friend and servant. TO COLONEL MONKOE. Paris, May 10, 1786. Deak Sir, — ^My last to you was of January the 27th. Since that I have received yours of January the 19th. Information from other quarters gives me reason to suspect you have in nego- tiation a very important change in your situation. You will carry into its execution all my wishes for yom- happiness. I hope it will not detach you from a settlement in your own country. I had even entertained hopes of your settling in my neighborhood, but these were determined by your desiring a plan of a house for Richmond. However reluctantly I relinquish this prospect, I shall not the less readily obey your commands by sending you a plan. Having been much engaged since my return from Eng- land in answering letters and despatching other business which had accumulated during my absence, and being still much en- gaged, perhaps I may not be able to send the plan by this con- veyance. If I do not send it now, I will surely by the next conveyance after this. Your Encyclopedic, containing eighteen livraisons, went off last night for Havre, from whence it will go in a vessel bound to New York. It will be under the care of CORRESPONDENCE. 565 M. La Croix, a passenger, who, if he does not find you in New York, will carry it to Virginia,, and send it to Richmond. An- other copy, in a separate box, goes for Currie. I pay here all charges to New York. What may occur afterwards, I desire him to ask either of you or Currie, as either will pay for the other, or to draw on me for them. ■ My letters to Mr. Jay will have informed you of the objects which carried me to England ; and that the principal one, the treaty with Portugal, has been accomplished. Though we were unable to procure any special advantages in that, yet we thought it of consequence to insure our trade against those particular checks and discouragements which it has heretofore met with there. The information as to the Barbary States, which we ob- tained from Abdrahaman, the Tripoline ambassador, was also given to Mr. Jay. If it be right, and the scale of proportion be- tween those nations, which we had settled, be also right,, eight times the simi required by Tripoli will be necessary to accom- plish a peace with the whole, that is to say, about two hundred and forty thousand guineas. The continuance of this peace will depend on their idea of our power to enforce it, and on the life of the particular Dey, or other head of the government, with whom it is contracted. Congress will, no doubt, weigh these circums'tances against the expense, and probable success of com- pelling a peace by arms. Count d'Estaing having communicated to me verbally some information as to an experiment formerly made by this country, I shall get him to put it into writing, and I will forward it to Congress, as it may aid them in their choice of measures. However, which plan is most eligible can only be known to yourselves, who are on the spot, and have under your view all the difiiculties of both. There is a third meas- ure, that of abandoning the Mediterranean carriage to other nations. With respect to England, no aiTangements can be taken. The' merchants were certainly disposed to have consented to accom- modation as to the article of debts. I was not certain, when I left England, that they would relinquish the interest during the 566 JEFFERSON'S WORKS. war. A letter received since, from the first character among the American merchants in Scotland, satisfies me they would have relinquished it to insmre the capital and residue of interest Would to heaven all the States, therefore, would settle a unifonri plan. To open the courts to them, so that they might obtain judgments ; to divide the executions into so many equal annual instalments, as that the last might be paid in the year 1790 ; to have the payments in actual money ; and, to include the capital, and interest preceding and subsequent to the war, would give satisfaction to the world, and to the merchants in general. Since it is left for each nation to pursue their own measures in the ex- ecution of the late treaty, may not Congress with propriety recom- meiid a mode of executing that article respecting the debts, and send it to each State to be passed into law. Whether England gives up the posts or not, these debts must be paid, or our char- acter stained with infamy among all nations and through aU time. As to the satisfaction for slaves carried ofi", it is a bagatelle, which, if not made good before the last instalment becomes due, inay be secured out of that. I formerly communicated the overtures for a treaty which had been made by the imperial ambassador. The instructions from Congress being in their favor, and Mr. Adams' opinion also, I encouraged them. He expected his full powers when I went to England. Yet I did not think, nor did Mr. Adams, that this was of importance enough to weigh against the objects of that jour- ney. He received them soon after my departure, and commiini- cated it to me on my return, asking a copy of our propositions. I gave him one, but observed, our commission had then but a few days to run. He desired I should propose to Congress the giving new powers to go on with this, and said, that in the meantime he would arrange with us the plan. In a commercial view, no great good is to be gained by this ; but in a political one, it may be expedient. As the treaty would, of course, be in the terms of those of Prussia and Portugal, it will give us but little addi- tional embarrassment in any commercial regulations we may wish to establish. The exceptions from these, which the other trea- COREESPONDEITOE. 567 ties "will require, may take in the treaty with the Emperor. I should be glad to communicate some answer as soon as Congress shall have made up their minds on it. My information to Con- gress on the subject of our commercial articles with this country has only come down to January the 27th. Whether I shall say anything on it in my letter to Mr. Jay by this conveyance, de- pends on its not being too early for an appointment I expect hourly from the Count de Vergennes, to meet him on this and other subjects. My last information was, that the lease was too far advanced to withdraw from it the article of tobacco, but that a clause is inserted in it, empowering the ICing to discontinue it at any time. A discontinuance is, therefore, the only remaining object, and as even this ca,nnot be effected till the expiration of the old lease, which is about the end of tlje present year, I have wished only to stir the subject from time to time, so as to keep it alive. This idea led me into a measure proposed by the Mar- quis de La Payette, whose return from Berlin found the matter at that point, to which my former report to Congress had con- ducted it. I communicated to him what I had beeii engaged on, what were my prospects, and my purpose of keeping- the subject just open. He offered his services with that zeal which com- mands them on every occasion respecting America. He sug- gested to me the meeting two or three gentlemen, well acquainted with this business. We met. They urged me to propose to the Count de Vergennes, the appointing a committee to take the mat- ter into consideration. I- told them that decency would not per- mit me to point out to the Coimt de Vergennes the mode by which he should conduct a negotiation, but that I would press again the necessity of an arrangement, if, whilst that should be operating on his mind, they would suggest the appointment of a committee. The Marquis offered his services for, this purpose. The consequence was the appointment of a committee, and the Marquis as a member of it. I communicated to him my papers. He collected other lights wherever he could, and particularly from the gentlemen with whom we had before concerted, and who had a good acquaintance with the subject. The Marquis 668 JEFFERSON'S WORKS. became our champion in the committee, and two of its members, who were of the corps of Farmers General, entered the lists on the other side. Each gave in memorials. The lease, indeed, was signed while I was gone to England, but the discussions were, and still are continued in the committee, from which we derive two advantages: first, that' of showing that the object is not to be relinquished ; and second, that of enlightening govern- ment as to its true interest. The Count de Vergennes is abso- lutely for it ; but it is not in his department. Calonnes is his friend, and in this instance his principle seems to be, Arnica Veri- tas, sed magis amicus Plato. An additional hope is founded in the expectation of a change of the minister of finance. The present one is under the absolute control of the Farmers General. The committee's views have been somewhat different from mine. They despair of a suppression of the Farm, and therefore wish to obtain palliatives, which would coincide with the particular good of this country. I think that so long as the monopoly in the sale is kept up, it ip of no consequence to us how they mod- ify the pill for their own internal relief ; but, on the contrary, the worse it remains, the more necessary it will render a reformation. Any palliative would take from us all those arguments and friends, that would be satisfied with accommodation. The Mar- quis, though differing in opinion from me on this point, has, how- ever, adhered to my principle of absolute liberty or nothing. In this condition is the matter at this moment. Whether I say anything on the subject to Mr. Jay will depend on my interview with the Count de Vergennes. I doubt whether that will fur- nish anything worth communicating, and whether it will be in time. I therefore state thus much- to you, that you may see the matter is not laid aside. I must beg leave to recommend Colonel Humphreys to your acquaintance and good ofiices. He is an excellent man, an able one, and in need of some provision. Besides former applications to me in favor of Dumas, the Rhingrave of Salm (the effective minister of the government of Holland, while their two ambas- sadors here are ostensible) who is conducting secret arrangements OORKESPONDENCE. 569 for them with this court, presses his interests on us. It is evi- dent the two governments make a point of it. You ask why they do not provide for him themselves ? I am not able to an- swer the question, but by a conjecture that Dumas's particular ambition prefers an appointment from us. I know all the diffi- culty of this application which Congress has to encounter. I see the reasons against giving him the primary appointment at that court, and the difficulty of his accommodating himself .to a subordinate one. Yet I think something must be done in it to gratify this court, of which we must be always asking favors. In these countries, personal favors weigh more than public in- terest. The minister who has asked a gratification for Dumas, has embarked his own feelings and reputation in that demand. I do not think it was discreet by any means. But this reflec- tion might, perhaps, aggravate a disappointment. I know not re- ally what you can do ; but yet hope something will be done. Adieu, my dear Sir, and believe me to be yoiKS, affectionately. TO JOHN ADAMS. Paris, May 11, 1'786. Deak Sik, — I do myself the honor of enclosing to you letters which Cfime to hand last night, from Mr. Lambe, Mr. Carmichael and Mr. Barclay. By these you will perceive that our peace is not to be purchased at Algiers but at a price far beyond our powers. What that would be, indeed, Mr. Lambe does not say, nor prob- ably does he know. But, as he knew our ultimatum, we are to suppose from his letter, that it would be a price infinitely beyond that. A reference to Congress hereon seems to be necessary. Till that can be obtained, Mr. Lambe must be idle at Algiers, Gartha- gena, or elsewhere. Would he not be better employed in going to Congress ? They would be able to draw from him and Mr. Randall, the information necessary to determine what they will do. And if they determine to negotiate, they can re-appoint the same, 570 JEFFERSON'S W0EK8.. or appoint a new negotiator, according to the opinion they shall form on their examination. 1 suggest this to you as my first thoughts; an ultimate opinion should not be formed till we see Mr. Randall, who may be shortly expected. In the naeantime, should an opportunity occur, favor me with your ideas hereon, that we may be maturing our opinions. I shall send copies of these three letters to Mr. Jay, by the packet which sails from L'Orient the first of next month. ********** I have the honor to be, with great esteem, dear Sir, your most obedient, and most humble servant. TO MESSRS. ST. VICTOUR AND BETTINGEE. Paris, May 12, 1786. Gentlemen, — On my return from London, which was but a few days ago, I found your letter of April 8th. I communicated it to the Marquis de La Fayette, to whom, equally with myself, an attention to the purchase of arms has been reconamended by the State- of Virginia. Before we can order the receipt of the arms at Bourdeaux, we are of opinion they should previously go through all the e?;aminatipns and proofs usually practised with the King's arms. As the Marquis is best acquainted with the de- tail of these, I have asked and obtained his leave to refer you to him on the subject. You will, therefore, be so good as to confer with him thereon. I have an opportunity of writing to the Governor of Virginia to-morrow, and I should be well pleased to be able to inform him what number of arms you have now ready to deliver, and what other numbers you expect to deliver, with the epochs of delivery. If you could give me this infor- mation by the return of the bearer, at any time to-day, it would much obhge. Gentlemen, your most obedient humble servant. OORRESPONDENOE. 57X TO HONORABLE J. JAY. Pakis, May 12, 1786. Sir, — The last letters I had the honor of addressing you from this place were of the 2d and 27th of January. Those from London were of the 12th of March, and 23d of April. In the month of February, the Baron de Blome, minister plen- ipotentiary at this court from Denmark, informed me that he was instructed by his court to give notice to the ministers from the United States, appointed to negotiate a treaty of commerce, with them that the Baron de Waltersdorif, formerly commissioned by them for the same purpose, had received another destination, which called him to the West Indies that they were sensible of the advantages which would arise to the two countries from a commercial intercourse — that their ports accordingly were placed on a very free footing, as they supposed ours to be also — that they supposed the commerce on each part might be well conducted under the actual arrangements, but that whenever any circumstances should arise which would render particular stipulations more eli- gible, they would be ready to concur with the United States in establishing them, being desirous of continuing on the terms of the strictest harmony and friendship with them. In- my letter df Jan. 27th, I informed you of w;hat had passed between the Imperial Ambassador and Secretary of Embassy and myself, on the subject of the trfeaty with their sovereign. The Ambassador was in hourly expectation of receiving his full pow- • ers when I was called to London. Though I had received Mr. Adams's opinion in favor of our proceeding in the treaty, yet it was neither his nor my opinion that this object should overweigh those which called me to London. A treaty with Portugal was more ittiportant, exclusive of what was to be done with England and the States of Barbary. . On my return to Paris, the Secretary called on me to inform me the Ambassador had received his full powers very soon after my departure, and was now ready to begin on our arrangements ; that he was sensible, however, that these 572 JEFFERSOK'S WORKS. could not be settled before our commission would expire, "but as he supposed Congress would be willing to renew it, we might- proceed to confer together, leaving the eifect of our conferences to rest on the event of a removal of the commission: He asked, also, a draft of om* propositions as a ground work to proceed on. I met with the Ambassador a few days after. He said the same things in substance, and concluded by asking our propositions. I gave him a draught, which was a copy of what we had originally pro- posed to Denmark, with such alterations as had occurred, and been approved in oUr negotiations with Prussia, Tuscany and Portugal. The enclosed letters of December 9th and January 18th, from O'Bryan, of February 24th, March 12th, 20th, 23d, 27th, 31st, April 8th and 10th from Mr. Barclay, of March 29th from Mr. Lambe, and February 3d and April 12th from Mr. Carinichael, will put you in possession of my latest intelligence of the affairs of Morocco and Algiers. You will perceive by them that Mr. Randall may be daily expected here. K the propositions to Al- giers appear from his account to be as unhopeful as Mr. Lambe seems to consider them, it is not impossible that Mr. Adams and myself may think that, instead of remaining at Carthagena, as Mr. Lambe proposes, it will be better for him to proceed to Con- gress. Without occasioning any loss of time, this wiU offer the . two advantages of giving them all the information he may be possessed of, and of putting it in their power to appoint any ne- gotiator they may think proper, should they find negotiations still .eligible. However, Mr. Adams and myself shall have better grounds to decide on when we shall receive the information from Mr. Randall. Colonel Humphreys carried you the London Gazette to the be- ginning of April. I now enclose it from that to the present date, together with the Gazette of France from February 3d, to May 12th. I have the honor to be, with sentiments of the highest esteem and respect. Sir, your most obedient, and most humble servant. OQERESPO'lTDENOE. 573 TO THE HONOEABLE MB. JAT. Paeis, May 22, 1786. Sir, — The duty has been imposed on me of making the fol- lowing communication to Congress. It is necessary for me pre- viously to observe that, though the government of the United Netherlands have both an ordinary and an extraordinary ambas- sador here, yet the Patriotic party, now decisively possessed of the powers of government, have sent hither the Rhingrave de Salm, as possessing their plenary confidence, to treat with this Court on some matters not yet made known to the public. His character and credit accordingly are so well known here, that, passing by the regular ambassador, they are actually in negotiation with him. He took occasion to speak with me to-day on the subject of Mr. Dumas. After saying much in his favor, he assured me that Congress could not so much oblige the Patriotic party as by naming Mr. Dumas to their diplomatic appointment at the Hague ; and, further, that should they have anything interesting to do there, there was no other man who could do it so -efFectually as Mr. Dumas. I wished to avoid flatteririg his expectations, and therefore mentioned to him the resolution of Congress eon- fining their diplomatic appointments to citizens of the United States. He seemed to admit they could not expect him to be made minister plenipotentiary,, but asked if it would not be pos- sible to give him another character. I told him we were in the usage of apppinting only one character inferior tp that of minis- ter plenipotentiary, which was that of charge des affaires. That I was far froiri presuming to say that could be obtained in the present case ; but that one other difficulty occurred to me in that moihent. I observed 'that thfey had a minister plenipotentiary with Congress, and that Congress, naming for their Court oiily a charg6 des affaires, might, perhaps, be considered as disrespectful, and might occasion the recall of their minister. He assured me it could not ; nay, that it should not. We are, continued he, but a party^ and therefore cannot rhake a general declaration on this subject ; but we know how far we can undertake ; and, if you 574 JEFFERSOK'S WORKS.' please, the members of our party shall go and make a declaration privately before the French ambassador at our Court, that nothing amiss shall be conceived of it. I told him this would not be desired. He as'ked me if I thought Count de Yergennes' writing a second letter on this subject would be of service. I told him not to suppose a repetition of his application could be material. My object in avoiding a second letter from the Count de Vergen- nes as well as the declaration before the French ambassador, was that embarrassments might not be multiplied, if Congress should not think proper to complywith their request. ■ He concluded by desiring I would urge this matter to Congress. It. seems cer- tain that Mr. Dumas has rendered himself very useful to the gov- ernment of both France and Holland iii the late negotiations. It was natural, therefore, that these governments should provide for him. I know not how it has happened that we. are resorted to on the occasion, unless, perhaps, it is the particular wish, of Mr. Dumas to receive this species of reward. Be this as it may, the reign- ing party in the United. Netherlands, and the government of this country, commit themselves on this application, and it becomes a matter of calculation, in which their favor and the occasions we may have for it,are to be weighed against the sacrifices the pres- ent application call for. To pronoimce on this would be beyond my province, which is merely that of being the channel of' com- munication. This being desired in form, I suppose it is my duty to comply with. 1 have the honor to be, with seritiments of the most perfect esteem and respect, Sir, your most obedient, and most humble servant. TO JOHN JAT. Paris, May 2S, ITSe. Sir,-: — Letters received both from Madrid and Algiers, while I was in London, having suggested that treaties with the States of Barbary would be much facilitated by a previous one with the Ottoman porte, it was agreed between Mr. Adams and myself, OOKRESPOlNrDENOE. 575 that, on my' return, I should consult on this subject the Count de Yergennes, whose long residence at Constantinople rendered him ■the best judge of its expediency. Various circumstances have put it out. of my power to consult him, till to-day. I stated to him the difficulties we were likely to meet with at Algiers ; and asked his opinion what would be the probable expense of a diplo- matic mission to Constantinople, and what its effect at Algiers. He said that the expejise would be very great, for that presents must be made at that court, and every one Avould be gaping after them ; and that it would not procure us a peace at Algiers one penny the cheaper. He observed that the Barbary States acknowl- edged a sort of vassalage to the Porte, and availed themselves of that relation, when anything was to be gained by it ; but that Whenever it subjected them to a demand from the Porte, they to- tally disregarded it; that money was the. sole agent at Algiers, except so far as fear cotild be induced also. He cited the present example of Spain, which, though having a treaty with the Porte, would probably be obliged to buy a peace at Algiers, at the ex- pense of u-pVards of six millions of livres. I told him we had calculated from the demands and information of the Tripoline ambassador at London, that to make peace with the four Barbary States would cost us ■ between two and three hundred thousand guineas, if bought with money. The sum did not seem to ex- ceed his' expectations. I mentioned to him that, considering the uncertainty of a peace, when bought, perhaps Congress might ■think it more eligible 'to establish a cruise of frigates in the Me- diterranean, and even to blockade Algiers. He supposed it would require ten vessels, great and small. I observed to him that Monsieur de Massiae had formerly done it with five ; he said it ■\fras true, but that vessels of relief would be necessary. I hinted to hirn that I thought the English capable of administering aid to the Algerines. He seemed to think it impossible, on account- of the scandal it would bring on them. I asked him what had occasioned the blockade by Monsieur de Masgiac ; he said an in- fraction of their treaty by the Algerines. I had a good deal of conversation with him, also, on the situa- 576 JEFFERSON'S WOBKS. tion of affairs tetween England' and the United States'; arid particularly on their refusal to deliver up pur posts. I observed to him that the obstructions thrown in the way of the recovery of their debts were the effect, and not the cause, as they pre- tended, of their refusal to deliver up the posts ; that the mer- chants interested in these debts, Showed a great disposition to make arrangements with us ; that the article of time we could certainly have settled, and probably that of the iaterest during the war ; but that the minister, showing no disposition to have these matters arranged, I thought it a sufficient proof that this was not the true cause of their retaining the posts. He coii- eurred as to the justice of our requiring time for the payment of our debts ; said nothing which showed a differerice of opinion as to the article of interest, and seemed to believe fully that their object was to divert the channel of the fur trade, before they delivered up the posts, and expressed a strong sense of the im- portance of that commerce to us. I told him I really could not foresee what would be the event of this detention ; that' the situation of the British funds, and the desire of their minister to begin to reduce the national debt, seemed to indicate that they could not wish a war. He thought so,' but that neither were we in a condition to go to war. I told him I was yet uninfomaed what Congress proposed to do on this subject, but thafwe should certainly always count on the good offices of ■ France., and I was sure that the. offer of tljem would suffice to induce Great Britain to do us justice. He said that surely we rlii^ht always count on the friendship of Prance. ' I added, that by the treaty of alliance, she was bound to guarantee our limits to us, as they should be established at the moment of peace. He said they were so, " mais qu'il nous etoit -necessaire de les. constater." I told him there was no question what our boundaries were ; that the Eng- lish themselves admitted they were . clear beyond all questiori. I feared, however, to press this any further, lest a reciprocal question should be put to me, and therefore diverted the conversa- tion, to another object. This is a sketch only of a conference which was long. I GO'ERESPONDENOE. gf-Jf have endeavored to give the substance, and sometimes the ex- pressions, where they were material. I supposed it would be agreeable to Congress to have it communicated to them, in the present undecided state in which these subjects are. I should add, that an explanation of the transaction of Monsieur de Massiac with the Algerines, before hinted at, will be found in the enclosed letter from the Count d'Estaing to me, wherein he gives also his own opinion. The whole is submitted to Congress, as I conceive it my duty to furnish them with whatever informa- tion I can gather, which may throw any light on the subjects depending before them. I have the honor to be, with the most perfect esteem and respect, Sir, your most obedient, and most humble servant. TO COUNT DE VERGENNES.* Paris, May SI, 178S. SiH, — r have been honored with your Excellency's letter of yesterday, enclosing a copy of the Resolutions of the Committee on the subject of tobacco, and am bound to make my acknowl- edgments for this attention to the commerce between this coun- try and the United States, which will, I hope, by this measure, be kept alive till more simple and permanent arrangements be- come practicable. I have communicated it to Congress by an opportunity which offered this morning. Perhaps it is for the want of information that I apprehend it possible for the London merchants, availing themselves of their early notice of this regula- tion, and their proximity to the port of France, to run in French vessels the whole 15,000 hogsheads of the first year, before the French or American merchants can possibly bring them from America. This might defeat the end of the regulation, as those merchants would take payment in cash and not in merchandise. I suppose the Committee had in view Tobaccos coining last from a port of the United States, and that it may not be yet toq [» Miuister of Foreigti AfWrs for Fraflofe.] VOL. L 37 678 JEFFERSON'S WORKS. late to restrain the orders to such only. Of this your Excel- lency is the best judge, to whom I have the honor of submitting the doubt ; and am, with sentiments of the most profound re- spect and esteem, your Excellency's most obedient and most humble servant. TO M. I- A MORLIENE. Paeis, June 3, 11S6. Sm, — It is six years since the paper money of New England has ceased to circulate as money. It is considered at present as making a part of the national debt, and that the holders of it will be entitled to receive from the public as much gold or silver as the paper money could have brought at the time it was re- ceived by the holder, with an interest of 6 per cent, per annum. But, as yet, no precise arrangements have been taken for the pay- ment either of principal or interest. Most of the subjects of France, having paper money, have deposited it in the hands of the French Minister or Council at New York, that payment may be demanded whenever it shall be provided by Congress. There are even speculators in America who will purchase it. But they give much less than its worth. As for myself I do not deal in it. I am, Sir, your very humble servant. TO MESSES. BUCHANAN AND HAY. Paris, June 15, 1786. Gentlemen, — The model of the Capitol being at length fin- ished, I have sent it down the Seine to Havre, it being neces- sary that it should go by water. I have not collected the ac- counts, but ^hall soon do it, and forward them to you; they will be less than I had expected. I shall pray you to account for their amount to the Governor and Council, as I have with them an account into which it will be easier for me to transfer the article. I enclose directions for opening the boxes in which the model is, and I shall put two copies of those directions under other covers to you in hopes some one of them may reach you COEEESPONDENOE. 679 with or before the model. " 1 have the honor to be with much esteem, Gentlemen, your most obedient and humble servant. TO LA FAYETTE. Paris, June 15, 1186. Dear Sik, — ^Monsieur Farrin called on me on the subject of making Honfleur a free port, and wished me to solicit it. I told him it was for our interest, as. for that also of all the world, that every port of France, and of every other country, should be free : that therefore we would wish Honfleur to be made so : that if the matter was in agitation, the Count de Vergennes would probably speak of it to me, in which case I should tell him with candor what I thought of it, but that I could not solicit it, as I had no instructions to do so. So far I said to him. I did not add, what I may safely do to you, that the measures proposed being more for the interest of France than of the United States, there is no reason for our desiring its adoption to be placed on the ground of favor to us ; and again, that those who have had and who may yet have occasion to ask great favors, should never ask small ones. I have, therefore, thought it better that the United States should not be engaged in this negotiation. If the government, for its own interest, will make the port free, I shall be glad of it ; but do not wish it enough to ask it. If you should be of a different opinion, I should be glad to converse with you on the subject. I write without reserve, knowing that you wiU be pleased with it ; and that your zeal for our interest will in- duce you to do what is for the best. I am, my dear Sir, yours affectionately. TO MR. CARMICHAEL. Paeis, JuQe 20, 1786. Dear Sir, — My last to you was of the 5th of May, by Baron Waltersdorff. Since that I have been honored with yours of 580 JEFFERSON'S WORKS. April the 13th, and May the 16th and 18th. The present covers letters to Mr. Lambe and Mr. Randall, ijiforming them that the demands of Algiers for the ransom of our prisoners and also for peace are so infinitely beyond our instructions, that we must refer the matter back to Congress, and therefore praying them to come on immediately. I will beg the favor of you to forward these letters. The whole of this business, therefore, is suspended till we receive further orders, except as to Mr. Bar- clay's mission. Your bills have been received and honored. The first, naming expressly a letter of advice, and none coming, it was refused till the receipt of your letter to me, in which you mentioned that you had drawn two bills. I immediately in- formed Mr. Grand, who thereupon honored the bill. I have received no public letters of late date. Through other channels, I have collected some articles of information, which may be acceptable to you. *JU ^ ^ U^ ^U 4t^ ^b ^u ot "TP TT ^P "fr 'JP TP 'K' '7P T^ . In a letter of March the 20th, from Dr. Franklin to me, is this passage : " As to public affairs, the Congress has not been able to assemble more than seven or eight States during the whole winter, so the treaty with Prussia remains still unratified, though there is no doubt of its being done soon, as a full Congress is expected next month. The disposition to furnish Congress with ample powers augments daily, as people become more enlight- ened. And I do not remember ever to have seen, during my long life, more signs of public felicity than appear at present throughout these States ; the cultivators of the earth, who make the bulk of our nation, have made good crops, which are paid for at high prices, with ready money ; the artisans too, receive high wageg ; and the value of all real estates is augmented greatly. Merchants and shopkeepers, indeed, complain that there is not business enough. But this is evidently not owing to the fewness of buyers, but to the too great number of sellers ; for the consumption of goods was never greater, as appears by the dress, furniture, and manner of living, of all ranks of the people " His health is good, except as to the stone, which does OOKRESPONDENOE. 681 not grow worse. I thank you for your attention to my request about the books, which Mr. Barclay writes me he has forwarded from Cadiz. I have the honor to be with great respect, dear Sir, your most obedient humble servant. TO MB. LAMBE. Parts, June 20, 1186. SiE, — Having communicated to Mr. Adams the information received at different times, from yourself, from Mr. Randall and Mr. Carmichael, we find that the sum likely to be demanded by Algiers for the ransom of our prisoners, as well as for peace, is so infinitely beyond our powers, afid the expectations of Con- gress, that it ha^ become our duty to refer the whole matter back to them. Whether they will choose to buy a peace, to force one, or to do nothing, will rest in their pleasure. But that they may have all the information possible to guide them in their delib- erations, we think it important that you should return to them. No time will b6 lost by this, and perhaps time may be gained. It is, therefore, our joint desire, that you repair immediately to New York, for the purpose of giving to Congress all the infor- mation on this subject which your journey has enabled you to acquire. You wUl consider this request as coming from Mr. Adams as well as myself, as it is by express authority from him that I join him in it. I am of opinion it will be better for you to come to Marseilles and by Paris ; because there is a possibility that fresh orders to us, from Congress, might render it useful that we, also, should have received from you all possible infor- mation on this subject. And, perhaps, no time may be lost by this, as it might be long before you would get a passage from Alicant to America, I am, Sir, your most obedient, and most humble servant. 582 JEFFERSON'S WOKKS. TO MB. JAT. Paris, July 8, 1186. Sir, — My letters to you by the last French packet were dated May 12, 22, 23, 27, 27, and I sent, by the way of London, one dated May 21. Since this, I have been honored with yours of May the 5th. The letter therein enclosed for Mr. Dumas has been duly forwarded ; and the report on the subject of the Con- sular convention I delivered to Count de Vergennes the first levee day after the return of the King, who was gone to Cherbourg at the time of my receiving it. Mr. Randall, being so far on his return, and rheaning to go by the way of London, where his stay will be short, he will be the bearer of this letter, with which I have an opportunity of enclosing the last- letters I have received from Mr. Barclay and Mi'. Lambe. Mr. Barclay left Cadiz soon after the date of his letter. I wrote to Mr. Lambe on the 20th of June, with the concurrence of Mr. Adams, to repair to Con- gress with all possible despatch, recommending, but not enjoin- ing, his coming by the way of Versailles and Paris, supposing it possible that the information he might communicate might be usefully applied by Mr. Adams and myself in the execution of the commands of Congress. I afterwards wrote him another letter, desiring expressly that if this route was likely to retard much his attendance on Congress, he would take such other as would be shortest. At the desire of Monsieur Houdon, I have the honor to enclose to you his propositions for making the eques- trian statue of General Washington. In the autumn of the last year, I received letters from an American master of a ship of the name of Asquith, informing me that he had had a most disastrous passage across the Atlantic, that they had put into Brest then in such distress that they were obliged to make the first port possi- ble, that they had been immediately seized by the officers of the Farmers General, their vessel and her lading seized, and that themselves were then in jail suffering from every want. Letters by every post gave me to believe their distress was very real. As OOEEESPONDENOE. 583 all their cash was so6n exhausted, and the winter setting in very severely, I desired a merchant in Brest . to furnish them a livre a day a piece. . It was sometime before I could ascertain the nature of the proceedings against them. It proved at length to be a prosecution as for endeavoring to introduce tobacco in contra- band. I was induced to order this allowance from evidence that the men, six in number, must inevitably perish if left to the pit- tance allowed by the Farmers General to their prisoners, and from a hope that the matter would soon be decided. I was led on by this delusive hope from week to week, and month to month, and it proved to be ten months before they were dis- charged. I applied early to Count de Vergennes, and was in- formed by him that the matter being in a regular course of law, there could be no interference, and that if the sentence should be against them I . might expect a remission of so much of it as should depend on the King. They were condemned to forfeit their yessel and cargo, to a fine, and to the gallies. The fine and condemiiation to the gallies were remitted immediately by the King, but the forfeiture of vessel and cargo being for the benefit of the Farmers, he could not remit that. They were also to pay the expenses of their prosecution, and to remain in jail till they did it. So that, upon the whole, I was obliged to advance for them 2620^. 2s., being somewhat upwards of 100 guineas; for which I informed Asquith,from the beginning, he must consider himself as answerable to the United States. I accordingly enclose the account showing, the purposes for which the money was paid, and his own original acknowledgment that it was for his use. I own I am uncertain whether I have done right in this ; but I am persuaded some of them would have perished without this ad- vance ; I therefore thought it one of those cases where citizens,be- .ing under unexpected calamity, have a right to call for the patron- age of the public servants. All the disinterested testimony I have been able to get has been in favor of the innocence of these men. Count de Vergennes, however, believed them guilty ; and I was assured the depositions regularly taken were much against them. I enclose herewith the state of their case as it appeared 584 ' JEFFERSON'S WORKS. to me in the beginning, and as I communicated it by letter to the minister. Having been lately desired by the Swedish Ambassador here, to state to him what I thought the best measure for rendering the island of St. Bartholomew useful to the commerce of Sweden and the United States, I did it in a letter of which I enclose a copy. My view in doing it is, that if any farther or better meas- ure should occur to Congress, on its being communicated to me, I can still suggest it to the Ambassador, probably before any final decision. It being material that the reduction of the duties on whale oil, which would expire with the close of this year, should be re- vised in time for the, whalemen to take measures in consequence, we have applied for a continuance of the reduction, and even for an abolition of all duties. The committee, of the creation of which I informed you in my letter of May 27, and of which the M. de La Fayette is a member, were in favor of the abolition. But there is little prospect, perhaps none at all, of obtaioing con- firmation of their sentence. I have no doubt of the continuance of the abatement of the duties on the footing stated in that letter. The term of three years will probably be adopted. The gazettes of Leyden and of France, from the former to the present date, accompany this. I have the honor to be, with sentiments of the most perfect esteem and respect, Sir, your moat obedient humble servant. TO ME. ADAMS. Paris, July 9, I'/se. Dear Sir, — I wrote you last on the 23d of May. Your favor of that date did not come to hand till the 19th of June. In consequence of it I wrote the next day letters to Mr. Lambe and Mr. Randall, copies of which I have now the honor to enclose you. In these,you will perceive I had desired Mr. Randall, who wa,§ supposed to be at Madrid, to returh immediately to Paris and I^o4oii) ^•iid to Mr. Lambe, supposed at Alicant, I recommended OORBESPONDENCE. 585 the route of Marseilles and Paris, expecting that no direct passage could be had from Alicant to America, and meaning, on his arri- val here, to advise him to proceed by the way of London, that you also might have an opportunity of deriving from him all the information he could give. On the 2d of July, Mr, Randall ar- rived here, and delivered me a letter from Mr. Lambe, dated May the 20th, of which I enclose you a copy, as well as of an- other of June the 5th, which had come to hand some time be- fore. Copies of these I have also sent to Mr. Jay. Yours of the' 29th of June, by Dr. Bancroft, and enclosing a- draught of a joint letter to Mr. Lambe, came to hand on the 5th instant. I imme- diately signed and forwarded it, as it left him niore at liberty as to his route than mine had done. Mr. Randall will deliver you the present and supply the informations heretofore received. I think with you that ; Congress must begin by getting money. When they have this, it is a matter of calculation whether they will buy a peace; or force one, or do nothing. I am also to ac- knowledge the receipt of your favors of June 6, 25 and 26. The case of Grosse shall be attended- to. I am not certain, however, whether my appearing in it"'-may not do him harm by giving the captors a hope that our goverrmient will redeem their citizens. I have, therefore, taken measiu:es to find them out and sound them. If nothiijg can be done privately, I will endeavor to interest this government. Have you no news yet of the treaty with Portugal ? does it hang with that court? My letters from New York of the 11th of May inform me that there were then eleven States present, and. that they should ratify the Prussian treaty immediately. As the time for the exchange of ratifications is drawing to a close,- tell me what is to be done, and how this exchange is to be made. We may as well have this settled between us before the arrival of the ratification, that no time may be lost after that. I learn through the Marechal de Castries that he has information of New York's having ceded the impost in the form desired by Congress, so as to close this business. Corrections in the acts of Maryland, Pensylvania, &c., will come of course. We have taken up again 586 JEFFERSON'S WOEKS. the subject of whale oil, that they may know in time in America what is to be done in it. I fear we shall not obtain any farther abatement of duties ; but the last abatement will be continued for three years. The whole duties payable here are nearly one hundred and two livres on the English ton, which is an atom more than four guineas, according to the present exchange. The monopoly of the purchase of tobacco for this country, which had been obtained by Robert Morris, had thrown the commerce of that article in agonies. He had been able to reduce the price in America from 40 ' to 22Z. lawful the hundred weight, and all other merchants being deprived of that medium of remittance, the commerce between American and. that country, so far as it depended on that article, which was very capitally too, was ab- solutely ceasing. An order has been obtained, obliging the Far- mers General, to purchase from isuch other merchants as shall of- fer fifteen thousand hogsheads of tobacco at thirty-four, thirty-six and thirty-eight livres the hundred, according to the quality, and to grant to the sellers in other respects the same terms as they had granted to Robert Morris. As this agreement with Morris is the basis of this order, I send you some copies of it, which I will thank you to give to any American (not British) merchants in London who may be in that line. Seeing the year this contract has subsided, Virginia and Maryland have lost £400,000 by the reduction of the price of their tobacco. I am meditating what step to take to provoke a letter from Mrs. Adams, from whom my files inform me I have not received one these hundred years. In the meantime, present my affec- tionate respects to her, and be assured of the friendship and es- teem with which I have the honor to be. Sir, your most obe- dient, and most humble servant. TO COLONEL MONROE. Pakis, July 9, 1'786. Dear Sir, — I wrote you last on the 10th of May ; since which your favor of May the 11th has come to hand. The OOREESPONDENOE. 587 political -world enjoys great quiet here. The King of Prussia is still living, but like the snufF of a candle, which sometimes seems out, and then blazes up again. Some think that his death will not produce any immediate effect in Europe. His kingdom, like a machine, will go on for some time with the winding up he has given it. The King's visit to Cherbourg has made a great sensation in England and here. It proves to the world, that it is a serious object to this country, and that the King com- mits himself for the accomplishment of it. Indeed, so many cones have been sunk, that no doubt remains of the practicabil- ity of it. It will contain, as is said, eighty ships of the line, be one of the best harbors in the world, and by means of two en- trances, on different sides, will admit vessels to come in and go out with every wind. The effect of this, in another war with England, defies calculation. Having no news to communicate, I will recur to the subjects of your letter of May the 11th. With respect to the new States, were the question to stand simply in this form, How may the ultramontane territory be dis- posed of, so as to produce the greatest and most immediate bene- fit to the inhabitants of the maritime States of the Union ? the plan would be more plausible, of laying it off into two or three States only. Even on this view, however, there would still be something to be said against it, which might render it at least doubtful. But that is a question which good faith forbids us to receive into discussion. This requires us to state the question in its just form, How may the territories of the Union be dis- posed of, so as to produce the greatest degree of happiness to their inhabitants ? With respect to the maritime States, little or nothing remains to be done. With respect, then, to the ultra- montane States, will their inhabitants be happiest, divided into States of thirty-thousand square miles, not quite as large as Penn- sylvania, or into States of one hundred and sixty thousand square miles, each, that is-to say, three times. as large as- Virginia within the Alleghany ? They -will not only be happier in States of moderate size, but it is the only way in which they can ex- ist as a regular society. Considering the American character in 588 JEFFERSON'S WORKS. general, that of those people particularly, and the energetic na- ture of our governments, a State of such extent as one hundred and sixty thousand square miles, would soon crumble into little ones. These are the circumstances which reduce the Indians to such small societies. They would produce an effect on our peo- ple, similar to this. They would not be broken i&to such small pieces, because they are more habituated to subordination, and value more a government of regular law. But you would surely reverse the nature of things, in making small States on the ocean, and large ones beyond the mountains. If we could, in our con- sciences, say, that great States beyond the mountains will make the people happiest, .we must still ask, whether they will be con- tented to be laid off into large States ? They certainly will not ; and, if they decide' to divide themselves, we are not able to restrain them. They will end by separating from our coiffeder- acy, and becoming its enemies. We had better, then, look for- ward, and see what will be the probable course of things. This will surely be a division of that country into States of a small, or, at most, of a moderate size. If we lay them off into such, they will acquiesce ; and we shall have the advantage of arrange- ing them, so as to produce the best combinations of interest. What Congress have already done .in this matter is an argument the more jn favor of the revolt of those States against a differ- ent arrangement, and of their acquiescence under a continuance of that. Upon this plan, we treat them as fellow citizens ; they will have a just share in their own goverimient ; they will love us, and pride themselves in an union with us. Upon the other, we treat them as subjects ; we govern them, and not they them- selves ; they will abhor us as masters, Eind break off from us in defiance. I confess to you, that I can see no other turn that these two plans would take. But I respect your opinion, and your knowledge of the coimtry too much, to be ever confident in my own. I thank you sincerely for your communication, that my not having sooner given notice of tire Arrets relative to fish gave dis- content to some persons. These are. the most friendly offices OORRESPOKDEXOE. 589 you can do me, because they enable me to justify myself, if I am right, or correct myself, if wrong. If those, who thought I might have been remiss, would have written to me on the sub- ject, I should have admired them for their candor, and thanked' them for it : for I have no jealousies nor resentments at things of this kind, where I have no reason to believe they have been excited by a hostile spirit ; and I suspect no such spirit in a single member of Congress. You know there were two Arrets ; the first of August the 30th, 1784, the second of the 18th and 25th of September, 1785. As to the first, it would be a sufficient jus- tification of myself to say, that it was in the time of my prede- cessor, nine months before I came into office, and that there was no more reason for my giving information of it, when I did come into office, than of all the other transactions which preceded that period. But this would seem to lay a blame on Dr. Franklin, for not communicating it, which I am confident he did not de- serve. ■ This government affects a secrecy in all its transactions whatsoever, though they be of a nature not to admit a perfect secrecy. Their ^Irrete, respecting the islands, go to these 'islands, and are unpublished and unknown in France, except in the bu- reau where they are formed. That of August, 1784, would probably be communicated to the rrierchants of the seaport towns also. But Paris having no commercial connections with them, if anything makes its way from a seaport town to Paris, it must be by accident. We have, indeed, agents in these seaports ; but they value their offices so little, that they do not trouble them- selves to inform us of what is passing there. As a proof that these things do not transpire here, nor are easily got at, recollect that Mr. Adams, Dr. Franklin, and myself were all here, on the sf)ot together, from August, 1784, lo Jiine, 1785, that is to say, ten months, and yet not one of us knew of the Arret of August, 1784. September the 18th and 25th, 1785, the second was passed. And here alone I becarne responsible. I thiuk it was about six weeks before I got notice of it, that is, in November. On the 20th of, that month, writing to Count de Vergennes on another subject, I took occasion to remonstrate to him on that. 590 JEFFERSON'S WORKS. But from early in November, when the Fitzhughs went to Amer- ica, I had never a confidential opportunity of writing to Mr. Jay from hence, directly, for several months. In a letter of Decem- ber the 14th to Mr.. Jay, I mentioned to him the want of an op- portunity to write to him confidentially, which obliged me, at that moment, to write by post, via London, and on such things only as both post offices were welcome to see. On the 2d of January, Mr. Bingham setting out for London, I wrote to Mr. Jay, sending him a copy of my letter to Count de Veirgennes, and stating something which had passed in conversation on the same subject. I prayed Mr. Bingham to take charge of the letter, and either to send it by a safe hand, or carry it himself, as circumstances should render most advisable. I believe he kept it, to carry himself. He did not sail from London till about the 12th of March, nor arrived in America till about the middle of May. Thus you see, that causes had prevented a letter which I had written on the 20th of November from gettfoig to America till the month of May. No wonder, then, if notice of this Arret came first to you by way of the West. Indies ; and, in general, I am confident that you will receive notice of the regulations of this country, respecting their islands, by the way of those islands before you will from hence. Nor can this be remedied, but by a system of bribery which would end in the corruption of your own ministers, and produce no good adequate to the expense. Be so good as to communicate these circumstances to the per- sons who you think may have supposed me guilty of remissness on this occasion. I will turn to a subject more pleasing to both, and give you my sincere congratulations on your marriage. Your own dispo- sitions and the inherent comforts of that state, will insure you a great addition of happiness. Long may you live to enjoy it, and enjoy it in full measiure. The interest I feel in every one con- nected with you, will justify my presenting my earliest respects to the lady, and of tendering her the homage of my friendship. I shall be happy, at all times, to be useful to either of you, aud to receive your commands. I enclose you the bill of lading of COREESPOKDENCE. 591 your Encyclopedie. • With respect to the- remittance of it, of which you make mention, I beg you nOt to think of it. I know, by experience, that on proceeding to make a settlement in hfe, a man has need of all his resources'; and I should be unhappy were you to lessen them, by an attention to -this trifle. Let it be till you have nothing else to do with your money. Adieu, my dear Sir, and be assured of the esteem with with which I am, your friend and servant. TO JOHN ADAMS. Paris, July 11, 1786. * Dear Sie, — Our instructions relative to the Barbary States having required us to proceed by way of negotiation to obtain their peace, it became our duty to do this to the best of our power. Whatever might be our private opinions, they were to be suppressed, and the line,marked out to us, was to be followed. It has been so, honestly and zealously. It was, therefore, never material for us tO' consult together, on the best plan of conduct towards these States. I acknowledge, I very early thought it wotdd be best to effect a peace through the medium of war. Though it is a question with which we have nothing to do, yet as you propose some discussion of it, I shall trouble you with my reasons. Of the four positions laid down in your letter of the 3d instant, I agree tp the three first, which are, in substance, that the, good offices of our friends cannot procure us a peace, with- out paying its price ; that they cannot materially lessen that price ; and that paying it, we can have the peace in spite of the intrigues of our enemies. As to the fourth, that the longer the negotiation is delayed, the larger will be the demand ; this will depend on the intermediate captures : if they are many and rich, the price may be raised ; if few and poor, it will be lessened. However, if it is decided that we shall buy a peace, I know no reason for delaying the operation, but should rather think it ought to be hastened ; but I should prefer the obtaining it by war. I. Justice is in favor of this opinion. 2. Honor favors it. 3. 592 JETFERSOIT'S WORKS. It will procure us respect in Europe ; and respect is a safeguard to interest. 4. It will arm the federal head with the safest of all the instruments of coercion over its delinquent members, and prevent it from using what would be less safe. I think that so far, you go with me. But in the next steps, we shall differ. 5. I think it least expensive. 6. Equally effectual. I ask a fleet of one hundred and fifty guns, the one-half of which shall be in constant cruise. This fleet, built, manned and victualled for six months will cost foivc hundred and fifty thousand pounds sterling. Its annual expense will be three hundred pounds sterling a gun, including everything ; this will be forty-five thousand pounds sterling a year. I take British. experience for the basis of my calculation : though we know, from oixc own experience, that we can do in this way-, for pounds lawful, what costs them pounds sterling. Were we to charge all this to the Algerine war, it would amount to little more than we must pay, if we buy peace. But as is it proper and neces- sary that we should establish a small marine force, (even were we to buy a peace from the Algerines,) and as that force, laid up in our dock-yards, would cost us half as much annually, as if kept in order for service, we have a right to say that only twenty-two thousand and five hundred pounds sterling, per annum, should be charged to the Algerine war. 6. It will be as effectual. To all the mismanagements of Spain and Portugal, urged to show that war against those people is ineffectual, I urge a single fact to prove the contrary, where there is any management. About forty years ago, the Algerines having broke their treaty with France, this court sent Monsieur de Massiac, with one large, and two small frigates ; he blockaded the harbor of Algiers three months, and they sub- scribed to the terms he proposed. If it be admitted, however, that war, on the fairest prospects, is still exposed to uncertainties, I weigh against this, the greater uncertainty of the duration of a peace bought with money, from such a people, from a. Dey eighty yealrs old, and by a nation who, on the hypothesis of buy- ing peace, is to have no power on the sea, to enforce an observ- ance of it. So far, I have gone on the supposition that the whole weight COBKESPONDENOE. 593 of this war would rest on us. But, 1. Naples will join us. The character of their n^Tal minister (Acton), his known sentiments with respect to the peace Spain is offitiously trying to make for them, and his, dispositions against the Algerines, give the best grounds to believe it. 2. Every principle of reason assures us that Portugal will join us. I state this as taking for granted, what all seem to Jbelieve, thg,t they will not be at peace with Algiers. I suppose, theij, that a convention might be formed between Por- tugal, Naples and the United States, by which the burthen of the Avar might be quotaed on them, according to their respective wealth ; and the term of it should be, when Algiers should sub- scribe to a peace with all three, on equal terms. This might be left open for other nations to accede to, and many, if n&t most of the powers of Europe, (except Prance, England, Holland, and Spain, if her peace be made) would sooner or later enter into the confederacy, for the sake of having their peace with the piratical States guaranteed by the whole. I.suppose, that, in this case, our proportion of force would not be the half of what I first cal- culated on. These are the reasons which have influenced my judgment on this question. I give them to you, to show you that I am imposed on by a semblance of reason, at least ; and not with an expectation of their changing your opinion. You have viewed the subject, I am siure, in all its bearings. You have weighed both questions, with all their circmnstances. You make the result different from what I do. The same facts impress us differently. This is enough to make me suq)ect an error in my process of reasoning, though I am not able to detect it. It is of no consequence ; as I have nothing to say in the decision, and am ready to proceed heartily on any other plan which may be adopted, if my agency should he thought useful. With respect to the dispositions of the State, I am utterly uninformed. I .cannot help thinking, however, that on a view of all the circumstances, they might be united in either of the plans. Having written this on the receipt of your letter, without know- ing of any opportunity of sending it, I know not when it will VOL. I. 38 694 JEFFERSON'S WORKS. go ; I add nothing, therefore, on any other subject, but assurances of the sincere esteem and respect with which I am, dear Sir, your friend and servant. TO COMMODOKE JONES. Paeis, July 11, 1786. Dear Sie, — I am perfectly ready to transmit to America any accounts or proofs you may think proper. ; Nobody can wish more that justice be done you, nor is more ready to be instru- mental in doing whatever may insure it. It is only necessary for me to avoid the presumption of appearing to decide where I have no authority to do it. I -v^rill this evening lodge in the hands of Mr. Grand the original order of- the board of treasury, with In- structions to receive from you the balance you propose to pay, for which he will give you a receipt on the back of the order. I will confer with you when you please on the affair of Denmark, and am, with very great esteem, dear Sir, your most obedient, and most humble servant. TO M. DE CKEVECOEUB. ■ Paeis, July 11, 1786. Sir, — I have been honored with a letter from M. Delisle, Lieu- tenant General au bailleage de lain, to which is annexed a post- script from yourself. Being unable to write in French so as to be sure of conveying my true meaning, or perhaps any meaning at all, I will beg of you to interpret what I have now the honor to write. It is time that the United States, generally, and most of the separate States in particular, are endeavoring to establish means to pay the interest of their public debt regularly, and to sink its principal by degrees. But as yet, their efforts have been con- fined to that part of their debts which is evidenced by certificate. OORRESPONDENOE. 595 I do not think that any State has yet taken measures for paying their paper, money debt. The principle on which it shall be paid I take to be settled, though not directly, yet virtually, by the reso- lution of Congress of Jiine 3d, 1784 ; that is, that they will pay the holder, or his representative, what the jnoney was worth at the time he received it, with an interest from that time of six per cent, per annum. It is not said in the letter whether the money received by Barboutin was Continental money ; nor is it said at what time it was received. But,that M. Delisle may be enabled to judge what the five thousand three hundred and ninety-eight dollars were worth in hard money when Barboutin received them, I will state to you what was the worth of one hard dollar, both in Continental and Virginia money, through the whole of the years 1779 and 1780, within some part of which it was probably received : COBTIl^BNTAL MONET. VIRGINIA MONEY. ■1779-Jan. 9," T^'A 1779— Jan., 8 1780- — Jan., 42 ^ " 24, ^%% Feb., 10 Feb., 45 Feb. 11, 9JA Mar., 10 Mar., 60 Mar. 2, 10 Apr., 16 Apr., 60 Apr.' 2,11,1^. May; 20 May, 60 May 10,12AV June, 20 June, 65 June 21, 14^5 July, 31 July, 65 Aug. 8,16j5,\ Aug., 22 Aug., 70 Sept. 28, 20 Sept., 26 Sept., 72 Nov. 22, 2.5t4j , Oct., 28 Oct., 73 1780— Feb. 2,, 33,%*^ Nov., 36 Nov., 74 Mar: 18, 40 Dec, 40 Dec, 75 Thus you see that, in January 1779, seven dollars and seventy- two hundredths of a dollar of Continental money were w'orth one dollar of silver, and at the same time, eight dollars of Vir- ginia paper were worth one dollar of silver, &c. After March 18th, 1780, Continental paper, received in Virginia,, will be estimated by the table of Virginia paper. I advise all the foreign holders of paper money to lodge it in the ofBce of their consul for the State where it was received, that he may dispose of it for their benefit 596 JEFFERSON'S WORKS. the first moment that payment shall be provided by the State or Continent. I had lately the pleasure of seeing the Countess d'Houditot well at Sanois, and have that now of assuring you of the perfect esteem and respect with which I have the honor to be, dear Sir, your most obedient humble servant. TO THE MAHQUIS DE LA TATETTE. . Paris, July 11, 1T86. Deab Sir, — ^I have now the honor of enclosing to you an es- timate of the exports and imports of the United States. Calcu- lations of this kind cannot preteaid to accuracy, where inatten- tion and fraud combine to suppress their objects. Approxima- tion is all they can aim at. Neither care nor candor have been wanting on my part to bring them as near the truth as my skill and materials would enable me to do. I have availed myself of the best documents from the custom-houses, which have, been given to the public, and have been able to rectify these in many instances by information, collected by myself on the spot in many of the States. Still remember, however, that I call them but ap- proximations, and that they must present some errors as considera- ble as they were unavoidable. Our commerce divides itself into Em-opean and West Indian. I have conformed my statement to this division. On running over the catalogue of American imports, France will naturally mark out those articles with which she could sup- ply us to advantage-; and she may sjifely calculate, that, after a little time shall have enabled us to get rid of our present incum- brances, and of some remains of attachment to the particular forms of manufacture to which we have been habituated, we shall take those articles which she can furnish, on as good terms as other nations, to whatever extent she will enable us to pay for them. It is her interest, therefore, as well as ours, to multiply the means of payment. These must be found in the catalogue of OOERESPONDENOE. 697 our exports, and among these will be seen neither gold nor silver. We have no mines of either of these metals. Produce, therefore, is all we can offer. Some articles of our produce will be found very convenient to this country for her own consumption. Oth- ers will be convenient, as being more commerciable in her hands than those she will give in exchange for them. If there be any which she can neither consume, nor dispose of by exchange, she will not buy them of us, and of course we shall not bring them to her. If American produce can be brought into the ports of France, the articles of exchange for it will be taken in those ports ; and the only means of drawing it hither, is to let the merchant see. that he can dispose of it on better terms here than anywhere else. If the market price of this country does not in itself offer this superiority, it may be worthy of consideration, whether it should be obtained by such abatements of duties, and even by such other encouragements as the importance of the arti- cle may justify. Should some loss attend this in the beginning, it can be discontinued when the trade shall be well established in this channel. With respect to the West India commerce, I must apprise you that this estimate does not present its present face. No materials have enabled us to say how it stands since the war. We can only show what it was before that period. This is most sensibly felt in the exports of fish and flour. The surplus of the former, which these regulations threw back on us, is forced to Europe, where, by increasing the quantity, it lessens the price ; the surplus of the latter is sunk, and to what other objects this portion of in- dustry is turned or turning, I am not able to discover. The im- ports, too, of sugar and coflee are thrown under great difiiculties. These ijicrease the price ; and being articles of food for the poorer class (as you may be sensible in observing the quantities con- Evmied), a small increase of price places them above the reach of this class, which being very numerous, must occasion a great diminution of consumption. It remains to see whether the American will endeavor to baffle these new restrictions, in order to indulge his habits, or will adopt his habits to other objects 598 JEFFERSON'S WORKS. which may furnish employment to the surplus of industry for- merly occupied in raising that bread which no longer finds a vent in the West Indian market. If, instead of either of these measures, he should resolve to come to Europe for coffee and sugar, he must lessen equivalently his consumption of some other European articles in order to pay for his coffee and sugar, the bread with which he formerly paid for them in the West Indies not being demanded in the European marketi In fact, the cata- logue of imports offer several articles more dispensable than coffee and sugar. Of all these subjects, the committee and your- self are the more competent judges. To you, therefore, I trust them, with every wish for their improvement ; and, with senti- ments of that perfect esteem and respect with which I have the honor to be, dear Sir, your most obedient, and most humble servant. ESTIMATE OF THE EXPORTS OF THE UNITED STATES OP AMERICA. TO EUROPE. TO WEST INDIES. TOTAL. Louis. Louis, Louis, Msh ; 107,000. 60,000 157,000 Fish Oil 181,688 9;562 191,250 Fisli Bones 8,400 8,400 Salted Meats 131,500 131,500 live Stock 99,000 99,000 Butter, Cheese 18,000 18,000 Flour, Bread, 660,000 barrels 330,000 330,000 660,000 Wheat, 2,210,000 bushels 331,000 ' 331,000 ludiau Com. 30,000 61,000 91,000 Rice, 130,000 barrels 189,350 70,650 260,000 Indigo 51,700 51,700 Tobacco, 87,000 hogsheads 1,306,000 1,305,000 Potash, 20,000 barrels 49,000 49,000 Peltry 184,900 184,900 Flaxseed 79,600 79,600 Hemp 21,000 21,000 Iron, Copper 84,000 6,000 90,000 Turpentine, " port where there is no manufacture, only thirty sols per quintal is to be deducted. The farmers may perhaps evade the purchase of tobacco in a port convenient to them by purchasing the whole quantity in other ports. I shall readily lend toy aid to promote the mercantile intercourse between your port cind the United States whenever I can aid it. For the present, it is much ' restrained by the danger of capture by the piratical States. I have the honor to be, with much respect, Sir, your most obedient, and most humble servant. TO GOVERNOB HENBT. Pakis, August 9, 1786. Sib, — ^I have duly received the honor of your Excellency's letter of May 17, 1786, on the. subject of Captain Green, sup- CORRESPONDENCE. 601 posed to be in captivity with the Algerines. I wish I could have communicated the agreeable news that this supposition was well founded, and I should not have hesitated to gratify as well your Excellency as the worthy father of Captain Green, by doing whatever would have been necessary for his redemption. But we have certainly no such prisoner at Algiers. We have there twenty-one prisoners in all. Of these only four are Americans by birth. Three of these are Captains, of the names of O'Brian, Stephens, and Coffyn. There were only two vessels taken by the Algerines, one commanded by O'Brian, the other by Stephens. Coflfyn, I believe, was a supercargo. The Moors took one ves- sel from Philadelphia, which they gave' up again with the crew. No other captures have been made on us by any of the piratical Sitates. I wish I could say we were likely to be secure against future captures. With Morocco I have hope we shall ; but the States of Algiers, Tvinis and Tripoli hold their peace at a price which would be felt by every man in his settlement with the tax-gatherer. I have the honor to be, with sentiments of the highest respect, your Excellency's most obedient, Eind most himible servant. P. S. August 13, 1786. I have this morning received in- formation from Mr. Barclay that our peace with the Emperor of Morocco would be pretty certainly signed in a few days. This leaves us the Atlantic free. Algiers, Tunis and Tripoli, how- ever, remaining hostile, will shut up the Mediterranean to us. The two latter never come into the Atlantic ; the Algerines rarely, and but a little way out of the Straits. In Mr. Barclay's letter is this paragraph, " There is a yoimg man now under my care, who has been a slave sometime with the Arabs in the desert." His name is James Mercier, born at the town of Suffolk, Nansemond County, Virginia. The King sent him after the first audience, and I shall take him to Spain. On Mr. Barclay's re- turn to Spain, he shall find there a letter from me to forward this young man to his own country, for the expenses of which I will make myself responsible. 602 JEFFERSON'S WORKS. TO JOHN JAY. Paeis, Au^st 11, 1786. Sib, — Since the date of my last, which was of July the 8th, I have been honored with the receipt of yours of June the 16th. I am to thank you on the part of the minister of Geneva for the intelligence it contained on the subject of Gallatin, whose relations will be relieved by the receipt of it. The inclosed intelligence,^ relative to the instructions of the court of London to Sir Guy Carleton, came to me through the Count de La Touche, and Marquis de La Fayette. De La Touche is a director under the Marechal de Castries, minister for the ma- rine department, and possibly receives his intelligence from him, and he from their ambassador at London. Possibly, too, it might be fabricated here. Yet, weighing the characters of the ministry of St. James's and Versailles, I think the former more capable of giving such instructions, than the latter of fabricating them for the small purposes the fabrication could answer. The Gazette of France, of July the 28th, announces the ar- rival of Peyrouse at Brazil, that he was to touch at Otaheite, and proceed to California, and still further northwardly. This paper, as you well know, gives out such facts as the court are willing the world should be possessed of. The presumption is, there- fore, that they will make an establishment of some sort, on the north-west coast of America. I trouble you with the copy of a letter from Scheveighauser and Dobrec, on a subject with which I am quite unacquainted. Their letter to Congress of November the 30th, 1780, gives their state of the matter. How far it be true and just can probably be ascertained from Dr. Franklin, Dr. Lee, and other gentlemen now in America. I shall be glad to be honored with the com- mands of Congress on this subject. I have inquired into the state of their arms, mentioned in their letter to me. The prin- cipal articles were about thirty thousand bayonets, fifty thousand gunlocks, thirty cases of arms, twenty-two cases of sabres, and CORKESPONDENOE. 603 some other things of little consequence. The quay at Nantes, having been overflowed by the river Loire, the greatest part of these arms were under" wa'ter, and they are now, as I am in- formed, a solid mass of rust, not worth the expense of throwing them out of the warehouse, much less that of storage. Were not their want of value a sufficient reason against reclaiming the property of these arms, it rests with Congress to decide, whether other reasons are not opposed to this reclamation. They were the property, of a sovereign body, they were seized by an indi- vidual, taken cognizance of by a court of justice, and refused, or at least not restored by the sovereign within whose States they had been arrested. These are circumstances which have been mentioned to me. Dr. Franklin, however, will be able to in- form Congress, with precision, as to what passed on this subject. If the information I have received be anything like the truth, the discussion of this matter can only be with the court of Ver- sailles. It would be very delicate, and could have but one of two objects ; either to recover the arms, which are not worth re- ceiving, or to satisfy us on the point of honor. Congress will judge how far the latter may be worth, pursiiing against a partic- ular ally, and under actual circumstances. An instance, too, of acquiescence on our part tinder a wrong, rather than disturb our friendship by altercations, may have its value in some future case. However, I shall be ready to do in this what Congress shall be pleased to direct. I enclose the despatches relative to the Barbary negotiation, received since my last. It is painful to me to overwhelm Con- gress and yourself continually with these voluminous papers. But I have no right to suppress any part of them, and it is one of those cases where, from a want of well-digested information, we must be contented to examine a great deal of rubbish, in or- der to find a littld good matter. The gazettes of Leyden and France, to the present date, ac- company this, which, for want of direct and safe opportunities, I am obliged to send by an American gentleman, by the way of London. The irregularity of the French packets has diverted 604 JEFFERSON'S WORKS. elsewhere the tide of passengers, who used to furnish me occa- sions of writing to you, without permitting my letters to go through the post office. So that When the packets go now, I can seldom write by them. I have the honor to be, with sentiments of the highest esteem and respect, Sir, your most obedient, and most humble servant. [The annexed is a translation of the paper referred to in the preceding letter, on the subject of the instructions given to Sir Guy Oarleton.J An extract of English political news, concerning North Amer- ica. July 14th, 1786. General Carleton departs in a few days with M. de La Nau- diere, a Canadian gentleman. He has made me acquainted with the Indian, Colonel Joseph Brandt. It is certain that he departs with the most positive instructions to distress the Americans as much as possible, and to create them enemies on all sides. Colonel Brandt goes loaded with presents for himself, and for several chiefs of the tribes bordering on Canada. It would be well for the Americans to know in time, that enemies are raised against them, in order to derange their system of government, and to add to the confusion which already exists in it. The new possessions of England will not only gain what America shall lose, but will acquire strength in proportion to the weaken- ing of the United States. Sooner or later, the new States which are forming will place themselves under the protection of England, which can always communicate with them through Canada ; and which, in case of future necessity, can harass the United States on one side by her shipping, and on the other by her intrigues. This system has not yet come to maturity, but it is unfolded, and we may rely upon the instructions given to Colonel Brandt. OORKESPONDENOE. 605 TO COLONEL MONROE. PAKia, August n, 1Y86. Dear Srft, — ^I wrote you last on the 9th of July ; and, since that, have received yours of the 16th of June, with the interest- ing intelligence it contained. I was entirely in the dark as to the progress of that negotiation, and concur entirely in the vieVs you have taken of it. The difficulty on which it hangs is a sine qua non with us. It would be to deceive them and our- selves, to suppose that an amity can be preserved, while this right is withheld. Such a si^position would argue, not only an ignorance of the people to whom this is most interesting, but an ignorance of the nature of man, or an inattention to it. Those who see but half way into our true interest," will think that that concurs with the views of the other party. But these who see it in all its extent, will be sensible that our true interest will be best promoted, by making all the just claims of our fellow citi- zens, wherever situated, our own, by urging and enforcing them with the weight of our whole influence, and by exercising in this, as in every other instance, a just government in their con- cerns, and making common cause even where our separate inter- est would seem opposed to theirs. No other conduct can attach us together ; and on this attachment depends our happiness. The King of Prussia still lives, and is even said to be better. Europe is very quiet at present. The only germ of dissension, which shows itself at present, is in the quarter of Turkey. The Emperor, the Empress, and the Venetians seem all to be picking at the Turks. It is not probable, however, that either of the two first will do anything to Taring on an open rupture, while the King of Prussia lives. You will perceive, by the letters I enclose to Mr. Jay, that Lambe, under the pretext of ill health, declines returning either to Congress, Mr. Adams, or myself. This circumstance makes me fear some malversation. The money appropriated to this ob- ject being in Holland, and, having been always under the care of Mr. Adams, it was concerted between us that all the drafts 606 JEFFERSON'S WORKS. should be on him. I know not, therefore, what sums may have been advanced to Lambe ; I hope, however, nothing great. I am persuaded that an angel sent on this business, and so much limited in his terms, could have done nothing. But .should Congress propose to try the line of negotiation again, I think they will perceive that Lambe is not a proper agent. I have written to Mr. Adams on the subject of a settlement with Lambe. There is little prospect of accommodation between the Algerines, and the Portuguese and Neapolitans. A very valuable capture, too, lately made by them on the Empress of Russia, bids fair to draw her on them. The probability is, therefore, that these three nations will be at war with them, and the probability is, that could we furnish a couple of frigates, a convention might be formed with those powers, establishing a perpetual cruise on the coast of Algiers, which would bring them to reason. Such a convention, being left open to aU powers willing to come into it, should have for its object a general peace, to be guaranteed to each, by the whole. Were only two or three to begin a confed- eracy of this kind, I think every power in Europe would soon fall into it, except France, England, and perhaps Spain and Hol- land. Of these, there is only England, who would give any real aid to the Algerines. Morocco, you perceive, will be at peace with us. Were the honor and advantage of establishing such a confederacy out of the question, yet the necessity that the United States should have some marine force, and the hap- piness of this, as the ostensible cause for beginning it, would de- cide on its propriety. It will be said, there is no money in the treasury. There never will be money in the treasury, till the confederacy shows its teeth. The States must see the rod ; per- haps it must be felt by some one of them. I am persuaded, all of them would rejoice to see every one obliged to furnish its contributions. It is not the difficulty of furnishing them, which beggars the treasury, but the fear that others will not furinsh as much. Every rational citizen must wish to see an effective in- strument of coercion, and should fear to see it on any other ele- ment than the water. A naval force can never endanger oiu- OORRESPONDENOE. 607 liberties, nor occasion bloodshed ; a land force would do both. It is not in the choice of the States, -whether they will pay mo- ney to cover their trade against the Algerines. If they obtain a peace by negotiation, they must pay a great sum of money for it ; if they do nothing, they must pay a great sum of money, in the form of insurance ; and in either way, as great a one as in the way of force, and probably less effectual. I look forward with anxiety to the approaching moment of your departure from Congress. Besides the interest of the con- federacy and of the State, I have a personal interest in it. I know not to whom I may venture confidential communications, after you are gone. I take the liberty of placing here my re- spects to Mrs. Monroe, and assurances of the sincere esteem with which I am, dear Sir, your friend and servant. INDEX TO VOL. I. Adams, John — His views on Articles of Confederation, 33. Appointed Minister to England, 63. His presentation at the Court of St. James, 436. Adams, Samuel^HIs character, 121. Ageicultube — Its superiority to all other pursuits, 403, 465. That of England and France com- pared, 549. Aliens — Who are and who are not aliens, 530. Alsiees — (See Barbary States). Amebioa, U. States of — Imperfections of Articles of Confederation, 78. A New Constitution for, necessary, 18. Views of U. States prevalent in Eu- rope, 407, 413. Views of public aflfairs of U. States in A. D, 1785, 423. English calumnies against, 427. Hostile feeling of England against, 429, 464, 541, 550, 563, 604. Low reputation of, in Europe, 513. Extravagance of the people, 550. Summary of news from, 349. AsTOiNErrE Maria — Her character; 88, 101. Akms — Supply of, for Congress, 603. Aemy, Revoiutionaey — Virginia troops, 235. Continental troops, 235. Disasters in South, 241, 249. Success in Canada, 202. Supplies of men, provisions and am- unition from Virginia for the Southern Army, 243. 244, 245, 246, 247, 249, 251, 252, 253, 254, 256, 260, 262, 263, 273, 274, 285, 288, 302, 304. The movements of the Southern Army, 291, 294, 296, 298 299, 300, 302, 303, 309. Expedition against Canada, 206. Military movement in Va., 207. Process of the War, 211. False account of our battles circula- ted in Europe, 207 Aetioies of Confedeeation — (See Con- federation). AsQuiTH Liestee — Relative to his im- prisonment in Prance on charge of being engaged in contraband trade, 583. AsTEONOMT — Discoveries in, 447, 516. ■Adsteia — Relations between the Empe- ror and the Dutch, 346, 353, 355, 358, 365, 400, 405. Relations between Austria, Russia, and Turkey, 400. Treaty of Commerce with, 510, 523, 566, 571. Balloons — Experiments with in France, 354, 441. Baebaey States — Naval alliance against proposed, 65, 691, 606. It fails, 67. Disposition of towards U. S. 401, 413, 428. Relations of U. S. with, 376, 393, 557, 560, 565, 570, 572, 575, 584, 591, 601. A mission to, advisable, 406. Mr. Barclay sent on the mission to Morocco, 416, 474. Letter to Emperor, 418. Instructions to Mr. Barclay, 420 Inquiries to be made by him, 421. Mr. Lambe sent on mission to Algiers, 376, 438, 457, 474, 581. Embarrassments occasioned by his delay, 376, 385. Remanded to America to give infor- mation in respect to mission, 681. His equivocal conduct, 605. Passports for ministers, 471. American prisoners, 439, 477, 601. Negotiations with the Tripolitine minister, 551. Naval war against, advisable, 591. Boston Port Bill — Effects of its passage on colonies, 6. Proceedings thereon in Va. Assem- bly, 6. June 1st, appointed day of general fasting, humiliation and prayer, 7. 39 610 INDEX TO VOL. I. BocNDAEY — Between PenaBylvania and Virgioia, 399. BnnGBSSES, Virginia House of — Proceed- ings in, on Stamp Act, 4. Distinguished members, 4. Tone and political views of members, 5. Proceedings on Boston Port BiU, 6. Dissolved by Governor, Y. Recommended sending members to Continental Congress, 7. Also to elect delegates to meet at Wil- liamsbm'g, 7. Their action, 8, 9. Camden— Battle of, 263. Capitol of Virginia — ^Model for from France, 46. Cakmiohael, Mr. — The estimation in which held at Court of Spain, 526. Oahe, Peter — Letter of advice to in re- spect to education,