Qass. Book. f?4 n GPO 'ir 1U110.VI AS .i 'K ¥ ¥ n K,S Oy . LIFE :®ISAS S'llIflflilBE®!^'^ WITH SELECTIONS FROM THE MOST VALUABLE PORTIONS OF HIS VOLU- MINOUS AND UNRIVALLED PRIVATE CORRESPONDENCE. By B. L. RAYNER. ' For I have sworn upon the Altar of God, eternal hostility against every form cf tyranny over the mind of man.' — Priv. Coitcs. BOSTON: LILLY, WAIT, COLMAN, & HOLDEN. 1834. Entered, accordmg to Act of Congress, in the j'ear 1834, By Lilly, Wait, Colman, & Holden, In the Clerk's Office of the District Court of the District of Massachusetts. PREFACE The materials for this volume are principally derived from the posthumous works of Mr Jefferson himself. These works were received with extraordinary approba- tion by one great portion of the public, as was the case indeed with every thing which ever came from that re- markable man; and by another considerable portion, with a corresponding degree of dissatisfaction, always to be expected from the well known opinions of the Author on certain fundamental points, upon which a strongly marked division of public sentiment has pre- vailed, since the foundation of the federal government. These works extend through four large octavo vol- umes, of about 500 pages each ; nearly the whole of which is occupied with the Correspondence of the Au- thor, public and private. And taken as a whole, it corf- prises the richest auto-biographical deposit, and one of the most valuable publications ever presented to the world. It is written in a style of unrivalled felicity ; and supplies the record of many important transactions con- nected with our government, of which no authentic me- morials had been preserved. But it is in the light of a IV PREFACE. private revelation, making its disclosures from the in- most recesses of the mind and character of the man, that its most distinguishing excellence consists. We have here the ungarbled contents of the cabinet of the author, gradually accumulating through an era among the most momentous in the annals of the world, and in which he was himself a principal actor, and incessantly placed in the most trying situations which it afforded. This vast collection of letters, compiled from the unre- vised manuscripts of the writer, thrown off on the spur of the occasion in the freedom of unrestrained confi- dence, and spreading over a period of fifty years, have opened the folding-doors to the character of Mr Jeffer- son, and introduced us into the sanctuary of his most secret meditations. They derive essential importance from the fact that at the time they were written, the author had no conception of their ever being made public. It would undoubtedly be a happy circumstance for this country, and for the mass of mankind, besides serv- ing to enhance the reputation of the author, if these works could obtain a circulation which should place them in the hands of every reader ; for if any tiling could give stability to those principles, which form alike the basis of his renown, and the elements of the splen- did structure of free government which he was instru- mental in establishing, it would be such an extensive dissemination of his writings. Unfortunately, however, the form in which they have appeared, is not the most advantageous to the accomplishment of this desirable purpose. The publication is too voluminous, and con- sequently too expensive, to admit of a general circula- PREFACE. y tion; nor is the mode of arrangement the best adapted to its reception into ordinary use as a work of reference. These considerations have suggested the plan of the present undertaking, which aspires to no higher claims than that of an analytic, and, it is hoped, a well assort- ed generalization of the original publication. It has been the leading object of the compilation, to condense the most valuable substance of the four, within the com- pass of one volume, and to supply what are presumed to be essential wants of the former, by interweaving a con- nected narrative of the Author's Life. The more im- portant political papers of Mr Jefferson, contained in the original works, have been copied into this, or their substance faithfully stated ; and many others of impor- tance, that have been procured from other sources, are likewise introduced. The selections from his private correspondence are dispersed through the volume with reference to the topic under consideration, more than to the order of time ; and in making the quotations from this department, it has been the object to bring the greatest quantity of useful matter within the smallest space. Parts of let- ters, therefore, are usually introduced — rarely the whole of any one — but sufficient to give the full sense of the writer on any required point, avoiding all extraneous observations. The historical and biographical portions af the work have also been derived, in great part, from this pregnant source. In some cases the very language of the author has been adopted, without invariably not- ing it with the usual mark of credit. In all such cases, however, the style or the sentiment will be sufficiently J* VI PREFACE. distinguishable to place it where it belongs. Some parts of the narrative may ajDpear overwrough t with eulogy — It is indeed a difficult matter to commemorate the deeds of so distinguished a benefactor of the human race, with- out yielding in some degree to the influence of a passion which they are so justly calculated to inspire ; and the writer does not scruple to admit, that he has less en- deavored to restrain his own grateful feelings, than to infuse them into the minds of his readers. INTRODUCTORY REMARKS. BY A FRIEND TO THE EDITOR. It was the good fortune of Washington to finish his unexampled career of usefuhiess, with universal appro- bation. No such fate has attended any of his contem- poraries, or successors. Mr Jefferson had many and powerful opponents to contend against, during the whole •/ of his political career. Some of these were no doubt influenced by personal jealousies, and many by an honest difference of opinion. Where these differences involved matters of local or of temporary importance, it could answer no useful pur- pose to bring them forward for renewed discussion at this late day ; — and in the volume before us everything calculated to revive party animosities has been studious- ly avoided, without however suppressing any thing that was necessary for historical accuracy, or to elucidate deliberate opinions, and develop essential traits of cha- racter. Vlll INTRODUCTORY REMARKS. To such readers as have not been favored with the perusal of the valuable edition of Mr Jefferson's writ- ings already alluded to, this unpretending volume may prove a safe guide to the true character and sentiments of that distinguished man. The difference between Mr Jefferson and his honest opponents was this. The republicanism of Thomas Jefferson was too thorough, too radical, to be adopted even by a considerable portion of the best men of the Revolution. A disinterested sacrifice of personal safety to the welfare of the country was the same on the part of all, but Mr Jefferson had greater confidence in the wisdom and discretion of the people, than was enter- tained by a majority of his patriotic and devoted fellow- laborers. Upon the organization of the government under the federal constitution, this difference in opinion soon became apparent in the councils of the nation — and Mr Jefferson stood forth the champion of Democra- cy. The more aristocratic party were inclined to re- strain the people, under the apprehension that they were unqualified to govern themselves. This party was designated by the name of Federalists, anid soon em- bodied a very large proportion of the wealth and intelh- gcnce of the nation. Deriving our literature, our laws, and our most respected usages from a nation where arbitrary institutions prevailed, it was quite natural that our intelligent citizens should desire an approximation to that form of government, and suppose it indispensa- ble to tie up the hands of the people, in order to save them from working their own destruction. There can be no reason to doubt that here was an INTRODUCTORY REMARKS. IX honest difference of opinion on the part of the Federal and of the Democratic leaders, whatever may have been the wicked animosity which grew up in the breasts of designing and ignorant men who afterwards arranged themselves under the banners of each party. Without pretending therefore to decide at this time to what extent either party might have erred, it is certainly to be desir- ed that the preJLKJices which belonged to those times should now so far be overcome, as to qualify us to ap- preciate fairly^the talents and services of the great men of the Revolution, and render a just tribute to their merit, besides aiding us in the more necessary duty of acquainting ourselves with the character of our govern- ment, of our existing institutions, and their effect upon the happiness of the people. From the commencement of the Revolutionary strug- gle down to the period of his death, Mr Jefferson's pre- dominating fear was, that the rights of the people would be disregarded. Neither was his love of liberty and of human happiness confined to one race of men. So ear- ly as 1769, upon his first taking a seat in the legislature of Virginia, he had the hardihood to rise amidst that body of ' inexorable planters,' and propose a bill for the ''permission of the Emancipation of Slaves. '' Whilst a member of the Continental Congress, he made use of these remarkable words : — * It can never be too often repeated, that the time for fixing every essential right on a legal basis, is while our rulers are honest, and ourselves united. From the con- clusion of this war we shall be going down hill. It will not then he necessary to resort every moment to the people for support. They will he forgotten^ therefore^ and their X INTRODUCTORY REMARKS. rights disregarded. They will forget themselves but in the sole faculty of making money, and will never think of uniting to effect a due respect of their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this war, will remain on us long, will be made heavier and heavier, till our rights shcdl revive^ or expire, in a convulsion.^ Many of us now see the truth of this prophecy — many of the present and of the coming generation may see and feel it both* Mr Jefferson was among the first to perceive the fal- lacy of sustaining individual rights at the expense of the general welfare. With our English ancestors, the first struggle for civil liberty, was to guard the property of the private citizen against the encroachments of the crown and of the nobility. All that was thus gained to untitled individuals was considered as subtracted from an arbitrary and irresponsible power, over which the people possessed no control. With us, the government is not an independent and irresponsible power, but the agent of the people, and controlled by their wilK There is, therefore, and there can be, under our form of gov- ernment, no permanent usurpation on the part of those who administer it, and from this source we have no ar- bitrary influence to apprehend that the ordinary remedy of election may not effectually control. The same right to acquired property which may be indispensable to the private citizen, who needs a defence against the usurpation of hereditary power, is not called for under a republican government, where nothing can be assumed by those in authority which does not imme- diately revert to the people. What Justice Blackstone, INTRODUCTORY REMARKS. XI therefore, in speaking of the British constitution, might correctly term a private right, would operate with us, as a public wrong. Many principles which we have adopted under the name of individual or private rights, and which original- ly obtained as a necessary defence against arbitrary power, are wholly inapplicable under our form of gov- ernment, and so far as persisted in, place individuals and incorporated associations above the control of law, and wholly independent of what is usually considered the province of legislation. They are invested with pri- vileges that were created as a defence against abuses which can have no existence in a free commonwealth. That principle, therefore, which universally prevails, and which is adopted and placed upon the most stable foundation among us, — the existing Right to Property, — is in fact an arbitrary principle, w4th no foundation in natural justice, having been originally set up to counteract other and greater usurpations, and preserve something like a balance of power in the miserable schemes of gov- ernment which have hitherto afflicted the human family. The Right to Property, as now sustained to individuals, and as in some measure aggravated by charters to asso- ciations, may be considered the only permanent usurpa- tion that can exist under our constitution. It tolerates an inequality of possession that must forever prove fatal to republicanism, and gives to a successful few as gall- ing a superiority over the multitude as could be confer- red by hereditary rank, or by any other usurpation that prevails under more arbitrary forms of government. Upon this subject the American people will soon re- quire a reform. They will eventually effect one. In XU INTRODUCTORY REMARKS. the mean time would it not be prudent that the best in- formed, the most judicious among us, should approach this subject as a matter well deserving the consideration of a free people, — strip it of its borrowed sanctity, make it a subject of rational inquiry, and place it, where it has never yet been fairly recognized, within the pale of Legislation, CONTENTS CHAPTER i. Nativity of Mr Jefferson. Peculiarity in the concealment of his birth-day — Motives of his conduct in this particular — Reply to the city authorities of Washington — To Levi Lincoln, pp. 21, 22. Ge- nealogy of Mr Jefferson — Peculiarity by which it was marked- Anecdote by Mr Madison. Ciiaracter of his father. His early ed- lication — Critical position of his boyhood — His juvenile mind and habits — Fondness for the classics — For what qualities distinguished in College, pp. 23-26. Circumstances which decided the particular direction of his life. His character of Dr -Small — Of Greorge Wythe. Commences the study of Law — Extent of his researches. His de- scription of the speech of Patrick Henry against the Stamp-act— Influence of that scene upon his subsequent career. Mottos of hie Seals, pp. 27-31. Enters the Practice of the Law — Professional celebrity. Qualifications as an Advocate, pp. 32-34. CHAPTER IL Mr Jefferson comes of age. Elected to the Legislature. His first effort in that body for the Emancipation of Slaves — Over- whelming defeat of the measure. Progress of the Revolution. System of Non-intercourse adopted by the Colonies — Its utility as an engine of coercion. Retaliatory resolutions of the British Par- liament. Counter resolutions. Germ of the American Union. Sudden dissolution of the Legislature. Jefferson and others rally a private meeting at the Raleigh tavern. Influence of the revolu- tionary proceedings in Virginia, pp. 35-41. Apathy of the Colo- nists — How viewed by Mr Jefferson. He devises measures for arousing them. Private meeting to set the machinery in motion-^ 2 Xiv CONTENTS. Committees of Correspondence established — Agency of this measure in promoting a General Congress. Legislature dissolved, pp. 42-46. Committees of Correspondence appointed by the other Colonies. News of the Boston Port Bill. Popular effervescence. Measures set in motion by Mr Jefferson. Appointment of a general Fast in Virginia — Mr Jefferson's draft of the proclamation — Effect of this measure throughout the Colonies. Legislature again dissolved. Association entered into by the members. Recommendation of a General Congress, pp. 47-52. CHAPTER IIL The other Colonies unite in the measure of a General Congress, First democratic Convention in Virginia. Mr Jefferson elected a member. Instructions proposed by him for the Congressional Del- egates — Published by the Convention under the title of Summary View of the Rights of British America' — Re-published by the Whigs in Parliament — Bill of Attainder commenced against the author — The Convention virtually assumes the government of the colony, pp. 53-60. Inequality of sentiment in the Convention. Grounds taken by Mr Jefferson. Resolution for putting the Colony into a state of warlike defence — Its effect upon the older members — Vio- lent debates ensue — Conduct of the opposition on its passage. Mr Jefferson elected a Delegate to Congress, pp. 61-65. Letter of Mr J. to Dr Small, in England. The regal Legislature of Virginia meets. Conciliatory Proposition of Lord North — Mr Jefferson de- signated to prepare the answer. Flight of the royal Governor, pp. 66-71. CHAPTER IV. Mr Jefferson takes his seat in the Continental Congress. He is appointed on the committee to prepare a Declaration of the Causes of taking up arms — Character of the document. Dispari- ty of sentiment in Congress. Extract from the War Manifesto, pp. 72-75. Mr Jefferson designated to prepare the answer of Congress to Lord North's Proposition. Re-elected to Congress. His draught of a Preamble, Declaration of Rights, and Constitution CONTENTS. XV for Virginia, His opinion on the Constitution as adopted, and on popular government in general, at this epoch, pp. 76-84. Virginia instructs her Delegates in Congress to declare Independence. Pre- paratory steps of Congress. Mr Jefferson appointed to prepare an animated Address. Introductory motion of Independence — Power- ful resistance to the measure. Committee appointed to prepare a Declaration of Independence— Mx Jefferson designated to make the draught — His report, pp. 85-88. Vehement opposition to the De- claration — Parts stricken out. The original instrument, with the alterations. Reception of the Declaration by the people. Extracts from his writings. Re-elected to Congress — Reasons for declining — Retirement. Appointed Commissioner to France — Declines. Extract from his private memoranda, pp. 89-107. CHAPTER V. Mr Jefferson resumes his seat in the Virginia legislature. His bill for establishing a Judiciary System — For abolishing the Law of Entails. Biases of Mr Jefferson against Aristocracy. His eulogi- um upon agriculturists. View of his objects in repealing the law of Entails. Preamble to the act, pp 108-112. His attack upon the hierarchy. History of the Church establishment in Virginia. Re- sistance of the privileged order. Final success of his efforts — Im- portance of this achievement. He introduces a bill for abolishing the slave trade, pp. 113-119. He introduces a resolution for revis- ing the legal Code of Virginia — Appointed, with others, to execute the work. Project for a Dictator — Resistance of Mr Jefferson. Meeting of the revisers of the Laws — Distribution of the labor — General propositions of Mr Jefferson — Opinion of Mr Pendleton. Letter to Dr Franklin. Passage of his bill for abolishing the Slave traffic — Order in which the example of Virginia was followed by other States. Committee of Revisers complete their task, pp. 120-133. CHAPTER VI, Revisors report to the Legislature — Opinion of Mr Madison on the Revised Code — Principal innovations by Mr J. — His bill for abrogating the right of Primogeniture — Opposition of the aristocra- XVI CONTENTS. cy. Bill for the establishment of Religious Freedom, pp. 134-140. Bill for the Emancipation of Slaves — Extracts from his writings. His Criminal Code — Extent of its innovations on the prevailing system — Amendments proposed by him — Passed. His Bill for the General Diffusion of Knowledge — Fate of the Bill in the Legisla- ture. Remarks on the general merits of the Revised Code. Re- moval of Burgoyne's troops to Charlottesville, pp. 141-156, CHAPTER VII. Mr Jefferson elected Governor. He institutes retaliatory measures on British prisoners — Remonstrance of the British General — His reply — Approbation of the Commander in Chief. Effect of his poli- cy upon the enemy. His measures for extending the western es- tablishments of Virginia — Success. Virginia cedes her unappro- priated territory to the United States — Effect of this measure, pp. 157-164. Re-elected Governor. Distressing situation of Virginia. Extraordinary powers conferred on the Governor. Invasion of the State under Gen. Leslie. Invasion under Arnold. Capture of the metropolis. Attempt to seize Arnold. Invasion of Virginia by Cornwallis. Governor's appeal to the Commander in Chief for aid. Mr Jefferson declines a re-election. Closing events of his administration. Approbatory resolution of the Legislature. Tarl- ton's attack on Monticello. Story of Carter's mountain. Narrow escape of Mr Jefferson, pp. 165-178. Writes his Notes on Virginia. His comparison of American genius with that of Europe — Remarks on the Constitution of Virginia — on Slavery — on Free Inquiry in Religion. Appointed a Commissioner to negotiate peace. His pur- suits in retirement. Description of him by a traveller, pp. 179-194. CHAPTER VIIL Re-elected to Congress. Washington's resignation of the com- mand of the army — Description of the ceremony. Appointed chair- man of the committee on the ratification of the treaty of Peace — Debates. Contentious character of Congress, pp. 195-199. Ap- pointed to draught a system of Uniform Currency for the United States, and establish a Money Unit — Adoption of his plan. Is chair- man of a committee to revise the ti;easury Department — to draught CONTENTS. XVU a Plan of Government for the Western Territories. On a commit- tee of retrenchment — of locating and disposing the Western lands. Measures taken by Congress for investing the General Government with exclusive power to regulate Commerce, pp. 200-205. He submits a proposition for appointing a ' Committee of the States,' to serve during the recesses of Congress — Subsequent failure of the scheme ; humorous anecdote of Doctor Franklin. General Wash- ington consults him on the Cincinnati institution. Appointed Min- ister Plenipotentiary, with Franklin and Adams, pp. 206-213. CHAPTER IX. Accepts the appointment of Minister to Europe — Arrival in France. Mr Adams joins his colleagues at Paris. General form of treaty. Result of the conference with the French Minister. Result of their propositions to the several Powers of Europe, pp. 214-218. Appointed Resident Minister at the Court of Versailles — Reception at that court. Visit to London — Reception at the Court of St James. His tribute to La Fayette, and the Count de Vergennes. His project to engage the principal European Powers against the Piratical States — Letter to Mr Adams — His proposals — Their reception, pp. 219-225. His measures for securing the for- eign credit of the United States — Visit to Holland. Extracts, on the state of society, &c, in Europe. Insurrections in America — How viewed by him. Extracts from his letters to America. Move- ments in the United States for forming a Constitution — Agency of Mr Jefferson. His opinions on the new Constijtution. His in- fluence in producing the amendments, pp. 226-245. Proposed abandonment of the Mississippi — Letter to Mr Madison. He intro- duces into the Southern States upland cotton and the olive tree. Tour through France and Italy — Extracts. His scientific and lite- rary efforts in France. Endeavors to improve the architecture of the United States, pp. 246-256. Opening scenes of the French Revolution. His Letter, accompanied with a Charter of Rights — Consultation at his house — Apology — Character of the Queen. Departure, and Farewell tribute to France. Arrival in Virginia, Receives the appointment of Secretary of State. Arrival at the Seat of Government, pp. 257-267, XVlll CONTENTS. CHAPTER X. Political elements of Washington's cabinet. Hamilton, Adams, and Knox. Extensive duties of the State Department. His Re- port on Coins, &c. — Its outlines. Report on the Cod and Whale Fisheries ,: its general features. Report on Commerce and Naviga- tion, pp. 268-275. His duties as to foreign affairs. Extracts from his instructions to our minister in Spain, on the Navigation of the Mississippi, &c. His controversy with Mr Hammond. Instruc- tions to our minister at London on Impressment. Intemperate character of the French minister. Request for his recall decided upon. Mr Jefferson's retirement from the Cabinet, pp. 276-288. CHAPTER XL View of Mr Jefferson in retirement, &c. — Extracts from his works. Appointed President of the Amer. Philo. Society; his an- swer. Question of a successor to Washington agitated — Character of the contest. Election of Adams, pp. 289-293. CHAPTER XII. Mr Jefferson's arrival as Vice President, and precaution to elude ceremony. Determination regarding executive consultations. Sep- aration between him and the President. Parties bring out their candidates for the Presidency. Character of the contest. Licen- tiousness of the* Press against Jefferson. Notice of some of the principal libels on his character; his singular passiveness. Extract from his works. Result of the election by the people. Constitu- tional difficulty. Election scenes in the House, pp. 294-302. CHAPTER XIIL Inauguration of Jefferson. Description of the ceremony. Inau- gural address. Formation of the Cabinet. Removal of officers, and rules of action. Private rescript of reform meditated by him. Abolition of levees. Anecdote of Washington. Rule of receiving company, pp. 303-308. Principle of reform. Reduction of the army and navy ; abolition of superfluous offices, &c. Measures of CONTENTS. Xix the President relating to the international code of mankind. Chas- tisement of the Mediterranean pirates. His first annual message. Propositions of reform. Effect of the proposition to abolish inter- nal taxes, and his private explanation, pp. 309-318. System of finance adopted by the President. Measures adopted by him for the Purchase of Louisiana. Ratification of the treaty. Policy of the Executive towards the Indians — Towards foreign nations. His views on commerce, treaties and alliances. Rejection of the treaty nego- tiated with Great Britain. Opinions of the President on the Navy. Letter of John Adams to him, and reply. Gun Boats, pp. 319-342. Re-elected. Second inaugural address. His views on the most eli- gible arrangement of the Tariff after the discharge of the public debt, and on the distribution of the surplus revenue. Conspiracy of Burr; his designs, and trial. Immovable tenure of the Judicia- ry. Correspondence of Jefferson on the subject. Foreign rela- tions of the United States. Embargo. Impressment. Attack on the Chesapeake. Causes of opposition to the Embargo, pp. 343- 355. Policy of the President on the Freedom of Speech, and the Press — Anecdote. He discharges those suffering under the Sedi- tion law. Refuses to permit prosecutions for libels against himself. His policy on Freedom of Religion. His personal religious observ- ances. Review of the minor traits of his administration. Exam- ples of his simplicity and disinterestedness, pp. 356-361. Private labors, &c, of the President. His syllabus of the doctrines of Christianity. Correspondence with literary men, and different so- cieties in Europe. Efforts for the introduction of Vaccination. His labors on colonization. Improvements bestowed on the city of Washington. Anecdote of Bonaparte. Urgency of the people for his second re-election, pp. 362-368. Extracts from his letters. Retires to private life. Gratulations of the people. His reply to the citizens of Washington. He declines all ceremony. Address of the citizens of his native county — His affecting reply. Farewell address of the Virginia Legislature, pp. 369-375. CHAPTER XIV. His retirement. His principal objects of employment. His OPINIONS — On the Constitution, and popular Rights — On the XX CONTENTS. Relative Powers of the General and State governments — On the Relative Powers of the three branches of the General government — On Internal Improvement, constructive powers, &c. — On Domestic Manufactures — On the Laboring Classes, Agriculture — On the Na- tional Bank — On Political Parties — His character of the Sovereigns of Europe — His portraiture of General Washington — On Religion — On the Loss of Friends. On the Studies of young men — On Rules for the regulation of their moral conduct. His Physical Hab- its, pp. 376-395. His system of employment in retirement. De- scription of Monticello. Portraiture of Mr Jefferson, by a guest. Number of letters received by him. Treachery of correspondents. His efforts to revive ancient affections between Mr Adams and himself. Receives a friendly opening from Mr Adams. Letter to Dr Rush. Correspondence with Adams. Extracts, pp. 396-413. University of Virginia — His agency, and leading object in its es- tablishment. State of his finances. Alarming state of his health. Letter to the mayor of Washington. Particulars of his last hours. Extraordinary circumstances of his death. Epitaph by himself, pp. 414-431. LIFE OF THOMAS JEFFERSON CHAPTER I. Thomas Jefferson was born April 2d, 1743, on the farm called Shadwell, adjoining Monticello, in the coun- ty of Albermarle, Virginia. The date of his nativity was unknown to the public until after his decease. Repeated attempts had been made to ascertain it, by formal appli- cations to him on various occasions, both by individuals and public bodies; but from scruples of a patriotic nature, he always declined revealing it, and enjoined the same privacy upon his family. The principles which deter- mined him on this subject, were the great indelicacy and impropriety of permitting himself to be made the recipi- ent of a homage, so incompatible with the true dignity and independence of the republican character ; and the still greater repugnance which he should feel, at seeing the birth-day honors of the Republic transferred, in any 3 22 LIFE OF degree, to any individual. Soon after his inauguration in 1801, he was waited on by the Mayor and Corporation of the city of Washington, with the request that he would communicate the anniversary of his birth, as they were desirous of commemorating an event which had confer- red such distinguished glory upon their country. He replied, ' The only birth-day which I recognize, is that of my country's liberties.' In August, 1803, he received a similar communication from Levi Lincoln, in behalf of a certain association in Boston ; to which he replied : ' Disapproving myself of transferring the honors and veneration for the great birth-day of our Republic, to any individual, or of dividing them with individuals, I have declined letting my own birth-day be known, and have engaged my family not to communicate it.' This has been the uniform answer to every apphcation of the kind. On the paternal side, Mr Jefferson could number no titles to high or ancient lineage. His ancestors, however, were of sohd respectability, and among the first settlers Gf YirginiH, They emigrated to this cou ntry from Wales, and from near the mountain of Snowden. His grand- father was the first of whom we have any particular in- formation. He had three sons ; Thomas, who died young; Field, who resided on the waters of the Roanoke, and left numerous descendants ; and Peter, the father of the subject of these memoirs, who settled in Albemarle county, on the lands called Shadwell. He was the third or fourth settler in that region of the country. They were all gentlemen of property and influence in the col- ony. But the chief glory of Mr Jefferson's genealogy was the sturdy contempt of hereditary honors and distinctions, with which the whole race was imbued. It was a strong genealogical feature, pervading all the branches of the primitive stock, and forming a remarkable head and con- centration in the individual who was destined to confer immortality upon the name. With him, indeed, if there THOMAS JEFFERSON. 23 was any one sentiment which predominated in early life, and which lost none of its rightful ascendency through a long career of enlightened and philanthropic effort, it was that of the natural equality of all men in their rights and wants ; and of the nothingness of those pretensions which * are gained without merit and forfeited without crime.' The boldness with which, on his first entrance into manhood, he attacked and overthrew the deep rooted institutions of Primogeniture and Entails, forms a stri- king commentary upon this attribute of his character. An anecdote is related by Mr Madison, which is no less apposite and striking. During the infant stages of our separate sovereignty, the slowness with which the wheels of government moved, and the awkwardness of its forms, were everywhere the prominent topics of conversation. On one occasion, at which Mr Jefferson was present, a question being started concerning the best mode of pro- viding the executive chief, it was among other opinions, gravely advanced that an hereditary designation was preferable to any elective process that could be devised. At the close of an eloquent effusion against the agitations and animosities of a popular choice, and in favor of birth, as on the whole affording a better chance for a suitable head of the government, Mr Jefferson with a smile re- marked, that he had heard of a University somewhere, in which the Professorship of Mathematics was hereditary ! His father, Peter Jefferson, was born February 29th, 1707-8 ; and intermarried in 1739 with Jane Randolph of the age of 19, daughter of Isham Randolph, one of the seven sons of that name and family settled at Dun- geoness in Goochland county, who trace their pedigree far back in England and Scotland ; ' to which,* says Mr Jefferson, ♦ let every one ascribe the faith and merit he chooses.' He was a self-educated man ; but rose steadily by his own exertions, and acquired considerable distinc- tion. He was commissioned, jointly with Joshua Fry, professor of mathematics in William and Mary College, 34 LIFE OF to designate the boundary line between Virginia and North-Carolina ; and was afterwards employed, with the same gentleman, to construct the first regular map of Virginia. He died August 17, 1757, leaving a widow, with six daughters, and two sons, of whom Thomas was the elder. To both the sons he left large estates ; to Thomas the Shadwell lands, where he was born, and which included Monticello ; to his brother the estate on James river, called Snowden, after the reputed birth- place of the family. The mother of Mr Jefferson sur- vived to the fortunate year of 1776, the most memorable epoch in the annals of her country, and in the life of her son. At the age of five, Thomas was placed by his father at an English school, where he continued four years ; at the expiration of which, he was transferred to a latin school, where he remained five years, under the tuition of Mr Douglass, a clergyman from Scotland. W^ith the rudi- ments of the latin and Greek languages, he acquired at the same time, a knowledge of the French. At this pe- riod his father died, leaving him an orphan only fourteen years of age, and without a relative or friend competent to direct or advise him. An interesting reminiscence of this critical period of his boyhood, and of the simple moral process by which he subdued and wrought into instruments of the greatest good, the perilous ciixumstances of his position, is con- tained in an aflfectionate letter, written more than fifty years afterwards, to his grandson then in Philadelphia. It is replete with sound admonition, applicable to every condition of youth, besides affording an insight into the juvenile mind and habits of the writer. ' Your situation, thrown at such a distance from us and alone, cannot but give us all great anxieties for you. As much has been secured for you by your particular position and the acquaintance to which you have been recommended, as could be done towards shielding you THOMAS JEFFERSON. 25 from the dangers which surround you. But thrown on a wide world, among entire strangers, without a friend or guardian to advise, so young too, and with so little experience of mankind, your dangers are great, and still your safety must rest on yourself. A determination never to do what is wrong, prudence, and good humor, will go far towards securing to you the estimation of the world. When I recollect that at fourteen years of age, the whole care and direction of myself was thrown on myself en- tirely, without a relation or friend qualified to advise or guide me, and recollect the various sorts of bad company with which I associated from time to time, I am astonished I did not turn off with some of them, and become as worthless to society as they were. I had the good fortune to become acquainted very early with some characters of very high standing, and to feel the incessant wish that I could ever become what they were. Under temptations and difficulties, I would ask myself what would Dr Small, Mr Wythe, Peyton Randolph, do in this situation ? What course in it will ensure me their approbation ? I am certain that this mode of deciding on my conduct, tended more to its correctness than any reasoning powers I possessed- Knowing the even and dignified line they pursued, I could never doubt for a moment which of two courses would be in character for them. Whereas, seek- ing the same object through a process of moral reasoning, and with the jaundiced eye of youth, I should often have erred. From the circumstances of my position, I was often thrown into the society of horse-racers, card-play- ers, fox hunters, scientific and professional men, and of dig- nified men; and many a time have I asked myself, in the enthusiastic moment of the death of a fox, the victory of a favorite horse, the issue of a question eloquently argued at the bar, or in the great council of the nation, well, which of these kinds of reputation should I prefer 1 That of a horse-jockey ? a fox-hunter? an orator? or the honest' advocate of my country's rights ? Be assured, my dear Jefferson, that these little returns into ourselves, this self-catechising habit, is not trifling, nor useless, but leads to the prudent selection and steady pursuit of what is right.' On the death of his father, Mr Jefferson was placed 3* 26 LIFE OP under the instruction of the Rev Mr Maury, to complete the necessary preparation for college. He continued with Mr Maury two years; and then (1760) at the age of seventeen he entered the college of William and Maiy, at which he was graduated, two years after, with the highest honors of the institution. While in college he was more remarkable for solidity than sprightliness of intellect. His faculties were so even and well balanced, that no particular endowment appeared pre-eminent. His course was not marked by any of those eccentricities which often presage the rise of extraordinary genius ; but by that constancy of pursuit, that inflexibility of purpose, that bold spirit of inquiry, and thirst for knowledge, which are the surer prognostics of future greatness. His habits were those of patience and severe application, which, aided by a quick and vig- orous apprehension, a talent of close and logical combi- nation, and a retentive memory, laid the foundation suf- ficiently broad and strong for those extensive acquisitions which he subsequently made. The mathematics were his favorite study, and in them he particularly excelled. Nevertheless, he distinguished himself in all the branches of education embraced in the established course of that college. To his devotion to philosophy and science, he united an exquisite taste for the fine arts. In those of architecture, painting and sculpture, he made himself such an adept as to be afterwards accounted one of the best critics of the a^e. For music he had an uncommon passion; and his hours of relaxation were passed in exer- cising his skill upon the violin, for which he evinced an early and extravagant predilection. His fondness for the ancient classics strengthened continually with his strength, insomuch that it is said he scarcely passed a day, in after life, without reading a portion of them. The same remark is applicable to his passion for the mathematics. He became so well acquainted with both the great languages of antiquity as to read them with THOMAS JEFFERSON. 27 ease ; and so far perfected himself in French as to be- come famihar with it, which was, subsequently, of essen- tial service to him in his diplomatic labors. He could read and speak the Italian language, and had a compe- tent knowledge of the Spanish. He also made himself master of the Anglo-Saxon, as a root of the English, and ' an element in legal philology.' The acquaintances he happily formed in college pro- bably determined the cast and direction of his ambition. These were the first characters in the whole province ; among whom, he has placed on record the names of three individuals who were particularly instrumental in fixing his future destinies : viz. Dr Small, one of the pro- fessors in college, ' who made him his daily compan- ion;' Gov. Fauquier, 'the ablest man who had ever filled that office, to whose acquaintance and familiar table ' he was admitted; and George Wythe, 'his faithful and beloved mentor in youth, and his most afifectionate friend through life.' ' It was, ' says he, ' 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. Fortunately, the philo- sophical chair became vacant soon after my arrival at college, and he was appointed to fill it per interim ; and he was the first who ever gave, in that college, regular lectures in Ethics, Rhetoric, and Belles Lettres.' To Governor Fauquier, with whom he v/as in habits of intimacy, is also ascribed a high character. With the exception of an unfortunate passion for gaming, he was every thing that could have been wished for by Vir- 28 LIFE OF giiiia, under the royal government. ' With him,' con- tinues Mr Jefferson, ' and at his table, Dr Small and Mr Wythe, his amici omnium horarum, and myself, formed a partie quarree, and to the habitual conversations on these occasions, I owed much instruction.' George Wythe was emphatically a second father to young Jefferson. He was born about the year 1727, on the shores of the Chesapeake. His education had been neg- lected by his parents; and himself had led an idle and volup- tuous life until the age of thirty; but by an extraordinary effort of self-recovery at that point of time, he overcame both the want and the waste of early advantages. He was one of the foremost of the Virginia patriots during the revolution ; and one of the highest legal, legislative, and judicial characters which that State has furnished. He was early elected to the House of Delegates, then called the House of Burgesses, and continued in it until transferred to Congress, in 1775, He was one of the signers of the Declaration of Independence, of which he had been an eminent supporter. The same year he was appointed by the Legislature of Virginia, one of the celebrated committee to revise the laws of the State. In 1777, he was chosen Speaker of the House of Dele- gates ; and the same year was appointed Chancellor of the State, an office which he held until his death, in 1806, a period of thirty years. ' No man,' says Mr Jefferson, ' 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, devoted 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 disinter- ested 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, THOMAS JEFFERSON. 29 ■ learned and logical in the use of it, and of great urbanity in debate ; not quick of apprehension, but, with a little time, profound in penetration, and sound in conclusion. In philosophy he was firm, and neither troubling, nor perhaps trusting, any one with his rehgious 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 pro- portioned, and the features of his face were manly, comely, and engaging. Such was George Wythe, the honor of his own, and the model of future times.' Immediately on leaving college, Mr Jefferson engaged in the study of the Law, under the direction of Mr Wythe. Here,it is said, he became thoroughly acquaint- ed with the civil-und common law; exploring every topic, and fathoming every principle. Here also, he is said to have acquired that facility, neatness, and order in busi- ness, which gave him in effect, ' the hundred hands of Briareus.' 9 With such a guide, and in such a school, all the rudiments of intellectual greatness could not fail of being stirred into action. The occasion was not long wanting to display the master passion of his nature in bold and prominent relief. At the time when his faculties were strengthened by manhood, an incident occurred, which fixed them in their meditated sphere, and kindled his native ardor into a flame. That was the celebrated speech of Patrick Henry, on the memorable resolutions of 1765, against the Stamp-Act. Young Jefferson listened to the 'bold, grand, and overwhelming eloquence ' of the orator of na- ture ; the effect of which seems never to have lost its sorcery over his mind. More than fifty years after- wards he reverts to it with all the vividness of the first impression. ' He appeared to me,' says he, ' to speak as Homer wrote.' The effect was indeed tremendous. It struck even that veteran and dignified assembly aghast! The resolutions were moved by Henry, and seconded 30 LIFE OP by Mr Johnston. They were resisted by the whole mo- narchical body of the House of Burgesses, as a matter of course. Besides, they were deemed so ill advised in point of time, as to rally in opposition to them all the old members, including such men as Peyton Randolph, Wythe, Pendleton, Nicholas, Bland, &c, honest patriots, whose influence in the House, had till then been un- broken. ' But,' says Jefterson, 'torrents of sublime elo- quence from Henry, backed by the solid reasoning of Johnston, prevailed. The last, however, and strongest resolution, was carried but by a single vote. The debate on it was most bloody. I was then but a student, and stood at the door of communication between the house and the lobby during the whole debate and vote ; and I well re- member, that, after the numbers, on the division, were told and declared from the chair, Peyton Randolph, the Attorney-General, came out at the door where I was standing, and said, as he entered the lobby,^' by , 1 would have given 500 guineas for a single vote : for one vote would have divided the House, and Robinson was in the chair, who he knew would have negatived the resolution." ' It was in the midst of this magnificent appeal that Henry is said to have exclaimed, in a voice of thunder, ' Coesar had his Brutus — Charles the First his Cromwell — and George the Third — ("Treason," cried the Speaker — "treason, treason," echoed from every part of the House. Henry faultered not ; but rising to a loftier attitude, and fixing a determined eye on the Speaker, finished his sentence with the firmest emphasis,) may profit hy their example. If this be treason make the most of it.'* ' I well remember,' says Jeffer- son, 'the cry of treason, the pause of Henry at the name of George the Third, and the presence of mind with which he closed his sentence, and baffled the vociferated charge.' The grandeur of that scene, and the triumphant eclat * Wirt's Life of Patrick Henry, page 65. THOMAS JEFFERSON. 31 of Henry, made the heart of young Jefferson ache for the propitious moment vvhicli should enrol him among the champions of persecuted humanity. The tone and strength of his mind, at this early period, are indicated by those emphatic mottos which he selected for his seals : ' Ah eo lihertas, a quo spiritus,^ and ' Jlesistance to tyrants is obedience to GodJ These mottos attracted great at- tention, and were regarded as prophetic of his destiny. They are wellrememhered to this day by the aged inhab- itants of Virginia. The seals themselves are preserved as sacred relics, by the family of Mr Jefferson ; and ac- curate impressions of them in wax have been obtained by his particular friends in various parts of the country. Various attempts have been made to ascertain the birth of opinions on the subject of American Independ- ence ; and to fix the precise epoch, and the particular individual, when and with whom the stupendous concep- tion origii^ted. The enquiry has been attended with no success, and is from the nature of the case incapable of solution. It is evident that tiie measuxt; did not result from any deliberate and preconcerted design on the part of one, or of any number of individuals ; but from a combination of causes, growing for the most part out of the mistaken policy of the British Parliament, and fos- tered and matured by its unyielding obstinacy. It vras the slow and legitimate growth of political oppression, assisted it is true, by the great advance of certain minds beyond the general step of the age. To use the phrase- ology of Mr Jefferson, ' it would be as difficult to say at what moment the revolution began, and what incident set it in motion, as to fix the moment that the embryo becomes an animal, or the act which gives him a begin- ning.' It is certain that if this subject were examined with reference to its bearing upon a Jefferson, it might with equal propriety be advanced, that in those pointed inscrip- tions which he selected in the fire of youth as the mottos 32 LIFE OF of his seals, we discover the germ, not merely of Ameri- can emancipation but of European revolution, and of the general amelioration of associated man throughout the world. The revolution itself was but a preparatory movement. The mere separation of the colonies from the mother country, was but the introductory stage of the grand and fundamental change through which they were to pass to derive any essential advantages from the act — to wit, the entire abrogation of royalty, and sub- stitution of self-government. Nay, even this magnificent result was but the first chapter in the history of the great moral and political regeneration which is advancing over the earth, and to which the revolution gave the primary impulse. Unless contemplated in the broad light of a contrast of principle, between the advocates of republican and those of kingly government, into which it finally resolved itself, it is of little importance to en- quire what incident gave it birth, or who set it in motion. Stopping at the point at which many, who were the boldest at the outset, evidently wished it to stop, and v/ith honest motives, the Revolution would have been nothing more, in effect, than transferring the government to other hands, without putting it into other forms ; and no change would have been wrought in the political condi- tion of the world. It would have been merely a spirited and successful rebellion, or rather a struggle for power, like that which long embroiled the royal races of the Plantagenets, Tudors, and Stuarts, terminating at best in a limited modification of the old system, and most likely in its entire adoption, substituting George or John the First in the place of George the Third. The solution of the problem, therefore, if practicable, would afford no criterion of the relative advance of the leading minds of that period. But the question becomes a rational one, and assumes a powerful interest, if pre- sented in its proper aspect, with whom those eternal rules of political reason and right originated, which crowned THOMAS JEFFERSON. 33 with glory and immortality the American Revolution, making it one in substance as well as form 1 To whom belongs the honor of conceiving the grand project that gave to those detached fragments of empire which formed the nucleus of the American nation, not only shape and organization, but a new projectile impulse, to revolve in an untried orbit, under the control of a new equilibrium of forces 1 Viewing the subject under these, its ?noral phases, it becomes of some consequence to ascertain the origin and progress of individual opinions. In 1767, Mr Jefferson was inducted into the practice of the Law, at the bar of the General Court, under the auspices of his preceptor and friend, Mr Wythe. He brought with him into practice the whole body of ancient and modern jurisprudence, text and commentary, from its rudest monuments in Anglo-Saxon, to its latest deposi- tories in the vernacular tongue. Well systematised in his his mind, and ready for use at a moment's warning. But his professional career was brief, and not favored with any occasion adequate to disclose the fitness of his technical preparation, or the extent of his abilities as an advocate. The out-breaking of the Revolution, which occasioned a general abandonment of the Courts of Jus- tice, followed close upon his introduction to the bar ; and ushered him upon a broader and more diversified theatre of action. During the short interval he spent in his profession, he acquired considerable celebrity ; but his forensic re- putation was so disproportionate to his general pre-emi- nence, as to have occasioned the common impression, that he was deficient in the requisite qualifications for a suc- cessful practitioner at the bar. That this was not the case, however, we have the authority of a gentleman,* whose opportunities of information and well known trust- worthiness are a pledge of the literal accuracy of his statement. ' Permit me,' says he, ' to correct an error * William Wirt. 34 LIFE OP which seems to have prevailed. It has been thought that Mr Jefferson made no figure at the bar : but the case was far otherwise. There are still extant, in his own fair and neat hand, in the manner of his mas- ter, a number of arguments which were delivered by him at the bar upon some of the most intricate questions of the law ; which, if they shall ever see the light, will vin- dicate his claims to the first honors of the profession.' Again, we have the authority of the same gentleman upon another interesting point. It will be new to the reader to learn that Mr Jefferson was any thing of a popular orator. ' It is true,' continues the writer, * he was not distinguished in popular debate ; why he was not so, has often been matter of surprise to those who have seen his eloquence on paper, and heard it in con- versation. He had all the attributes of the mind, and the heart, and the soul, which are essential to eloquence of the highest order. The only defect was a physical one : he wanted volume and compass of voice for a large de- liberative assembly ; and his voice, from the excess of his sensibility, instead of rising with his feelings and conceptions, sunk under their pressure, and became gut- teral and inarticulate. The consciousness of this infir- mity repressed any attempt in a large body, in which he knew he must fail. But his voice was all sufficient for the purposes of judicial debate ; and there is no reason to doubt, that if the services of his country had not call- ed him away so soon from his profession, his fame as a lawyer, would now have stood upon the same distinguish- ed ground which he confessedly occupies as a statesman, an author, and a scholar.' THOMAS JEFFERSON. 35 CHAPTER II. Mr Jefferson came of age in 1764. He had scarcely arrived at his majority, when he was placed in the nomi- nation of Justices for the county in which he lived ; and at the first election following, was chosen one of its Re- presentatives to the Legislature. He took his seat in that body in May, 1769, and dis- tinguished himself at once by an effort of philanthropy, to which the steady process of liberal opinions for sixty years has not brought the tone of pubUc sentiment ; at least, so far as to reconcile the majority to the personal sacrifices which it involves. The moral intrepidity that could prompt him, a new member, and one of the youngest in the House, to rise from his seat with the composure of a martyr, and propose amidst a body of inexorable planters, a bill 'for the permission of the Emancipation of Slaves,' gave an unequivocal earnest of his future career. He was himself a slave holder, and from the immense inheritance to which he had succeeded, probably one of the largest in the House. He knew too, that it was a measure of peculiar odium, running coun- ter to the strongest interests, and most intractable preju- dices of the ruling population ; that it would draw upon him the keen resentments of the wealthy and the great, who alone held the keys of honor and preferment at home, besides banishing forever all hope of a favorable consideration with the government. In return for this array of sacrifices, he saw nothing await him but the satisfaction of an approving conscience, and the distant 36 LIFE OF commendation of an impartial posterity. He could have no possible motive but the honor of his country, and the gratification of his own benevolence. The announcement of the proposition gave a shock to the aristocracy of the House. It touched their sensibili- ties at a most irritable point, and was rejected by a sud- den and overwhelming vote. Yet the courteous and conciliatory account which Mr Jefferson has left of the transaction, ascribes the failure of the bill to the vicious and despotic influence of the government, which, by its unceasing frown, overawed every attempt at reform, — rather than to any moral depravation of the members themselves. ' Our minds,' says he, ' were circumscribed within narrow limits, by an habitual belief that it was our duty to be subordinate to the mother country in all matters of government, to direct all our labors in sub- servience to her interests, and even to observe a bigoted 'intolerance for all religions but hers. The difliculties 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.' Indeed, under the regal government, how was it possi- ble to expect success in any thing liberal. The Crown had directly or indirectly the appointment of all oflicers of consequence, even those chiefly of the ordinary Legis- lature. The King's Council, as they were called, who acted as an Upper House, held their places at the Royal will, and cherished a most humble obedience to that will ; the Governor too, who had a negative on the laws, held by the same tenure, and with still greater devotedness to it: and last of all, the royal negative, which formed the rear-guard to the whole, barred the final pass to every project of melioration. So wanton, indeed, was the ex- ercise of this power in the hands of his Majesty, that for the most trifling reason, and sometimes for no conceiva- ble reason at all, he refused his assent to laws of the THOMAS JEFFERSON. 37 most salutary tendency. Nay, the single interposition 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. This was Mr Jefferson's^rs^ measure of reform ; and although rendered abortive, it was but the beginning of a long series of efforts, partly successful, in the same benevolent cause. It was the first public movement which he had the honor to originate, and the one, probably, whose spirit and object were most congenial to his heart. A few years after his legislative debut in the cause of slavery, we find him dilating with enthusiasm upon the same subject, in flying ' Notes' to M. de Mar- bois of the French legation, and recording that vehe- ment and appalling admonition which recent events have almost ripened into prophecy : ' Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people, that these liberties are of the gift of God ? That they are not to be violated but with his wrath ? Indeed, I tremble for my country, when I reflect that God is just ; that his justice cannot sleep forever : that considering numbers, nature and natural means only, a revolution in the v/heel of fortune, an ex- change of situation is among possible events ; that it may become probable by supernatural interference ! The Almighty has no attribute which can take side with us in such a contest.' The business of ordinary legislation was drawing to a close in Virginia. The collision between Great Britain and her colonies, had arrived at a crisis which suspend- ed the regular action of government, and summoned the attention of its functionaries to more imperious con^ cerns. Patrick Henry, who was seven years older than Mr Jefi'erson, and three or four ahead of him in public life, had hitherto been the master-spirit of the Revolu- tion at the South ; and had sustained its principal brunt by his superior firmness. The time had how arrived, 4* 38 LIFE OF when he was to divide the burthen and the glory of the distinction, with one who was his junior only in years and eloquence, his equal in moral courage, but in every thing else his superior. The session of the Legislature that lirst saw Mr Jetlerson a member, saw him first also in the little council of the brave. The same session (17()9) carried Virginia into a new mode of resistance to British tyranny, which he was chiefly instrumental in establishing — to wit, the system of non-intercourse, by which the colonies gradually dissolved all commercial connection with the mother country. The unequivocal attitude into which Virginia had thrown herself, by the opposition to the Stamp Act, which she headed in '()5, was imitated with rapidity by all the other colonies ; which raised the general tone of resentment to such a height, as made Great Britain herself quail before the tempest she had excited. The Stamp Act was repealed ; but its repeal was soon fol- lowed by a series of parliamentary and executive acts, equally unconstitutional and oppressive. Among these, were the declaratory act of a right in the British Par- liament to tax the colonies in all cases ; the quartering of large bodies of British soldiery in the principal towns of the colonies, at the expense and to the annoyance of the inhabitants ; the dissolution, in rapid succession, of the Colonial Assemblies, and the total suspension of the legislative power in New York ; the imposition of du- ties on all teas, glass, paper, and other of the most ne- cessary articles imported into the colonies, and the ap- pointment of commissioners, armed with excessive pow- ers, to be stationed in the several ports for the purpose of exacting the arbitrary customs. These measures, with others of a similar character provoked immediate retaliation in the commercial Provinces. The people of Massachusetts, upon whom they fell with their first and heaviest pressure, were the foremost in resisting their operation. They entered into an association, by THOMAS JEFFERSON. 39 which they agreed and bound themselves, not to im- port from Great Britain any of the articles taxed, or to use them. They also addressed a circular letter to their sister colonies, inviting their concurrence and co-operation in all lawful and constitutional means for procuring relief. Petitions, memorials, and remon- strances were accordingly addressed to the King and Parliament by the Legislatures of the different colonies, entreating a revision of the obnoxious measures, and blending with their entreaties professions of unwavering loyalty. To these no answer was ever vouchsafed. Yet the non-intercourse proceedings in Massachusetts were of a character too ruinous to the new revenue bill, not to excite the attention of the British Court. They im- mediately called forth a set of joint resolutions, and an address from the Lords and Commons. These resolu- tions condemned in the severest terms, all the measures adopted by the colonies. They re-asserted the right of taxation, and of quartering their troops upon the colo- nies. They even went so far as to direct that the King might employ force of arms sufficient to quell the dis- obedient ; and declared that he had the right to cause the promoters of disorders to be arrested and transport- ed to England for trial. These resolutions of the Lords and Commons arrived in America in May, 1769. The House of Burgesses of Virginia was then in session, and Mr Jefferson, as we have seen, was for the first time a member. These menacing papers were principally directed against the people of Massachusetts ; but the doctrines avowed in them were too extraordinary to be overlooked in any assembly which contained a Jefferson. They were no sooner made known to the House, than he proposed the adoption of counter resolutions, and warmly advocated the propriety of making common cause with Massachu- setts, at every hazard. Counter resolutions and an ad- dress to the King were accordingly agreed to, with little 40 LIFE OF opposition ; and the determination was then and there formed, of considering the cause of any one coJoni/ as a common one. The seed of the American Union was here first sown. By the resohitions which they passed, the Legislature re-asserted the exchisive right of the colonies to tax themselves in all cases whatsoever ; denounced the re- cent acts of Parliament, as flagrant violations of the British Constitution ; and sternly remonstrated against the assumed right to transport the freeborn citizens of America to England, to be tried by their enemies. The tone of these resolutions was so strong as to excite, for the first time, the displeasure of the Governor, the amiable Lord Bottetourt. The House had scarcely adopted and ordered them to be entered upon their journals, when they were summoned to his presence, to receive the sentence of dissolution. ' Mr Speaker,' said he, 'and gentlemen of the House of Representatives, I have heard of your resolves, and auour ill of their ef- fects ; you have made it my duty to dissolve you, and you are accordingly dissolved.' But the interference of the Executive had no effect but to encourage the holy feeling it attempted to repress. The next day, led on by Jefterson, Henry, and the two Lees, the great body of the members retired to a room, called the Apollo, in the Raleigh tavern, the prin- cipal hotel in Williamsburg. They there formed them- selves into a voluntary convention, drew up articles of association against the use of any merchandise imported from Great Britain, signed, and recommended them to the people. They repaired to their several counties, circulated the articles of the leasrue amon^ their con- stituents, and to the astonishment of all, so popular was the measure that at the call of another Legislature they were themselves re-elected without an exception. The impetus thus given to the heroic example of 3Ias- sachusetts bv a remote Province, carried it home to the THOMAS JEFFERSON. 41 bosom of every colony. The non-importation agree- ment became general. All the luxuries, and many of the comforts of life were sacrificed at once on the altar of colonial liberty. Associations were formed at every point, and a systematic war of interdiction and non- consumption, was directed against British merchandise. All ranks, all ages, and both sexes joined in nuUifying the unconstitutional taritf. The ladies established a peculiar claim to pre-eminence on this occasion. They relinquished, without a struggle, all the elegancies, the embellishments, and even the comforts to which they had been accustomed, preferring for their attire, the fabric of their own hands, to the most gorgeous habili- ments of tyranny. In Virginia, the anti-revenue move- ment was reduced to a system, and pursued with un- paralleled rigor. A committee of vigilance was estab- lished in every county, whose duty it was to promote subscriptions to the covenant, and to guard the execu- tion of the articles. The powers of these committees being undefined, were almost unlimited. They exam- ined the books of the merchant, and pushed their in- quisitorial search into the sanctity of the fire-side, pun- ishing every breacli by fine and public advertisement of the offender, and rewarding every observance by an ap- propriate badge of merit. Such too, was tlie virtue of popular opinion, that from their decision there was no appeal. All who refused to subscribe the covenant of self-disfranchisement, or proved unfaithful to its obliga- tions, underwent a species of social excommunication. But the examples of delinquency were exceedingly rare — of apostacy rarer ; a few old tories only, of the most intractable stamp were sent into gentlemanly exile be- yond the mountains. The dissolution of the House of Burgesses was not attended with any change in the popular representation ; except in the very few instances of those who had with- held their assent from the patriotic proceedings. The 42 LIFE OP next meeting of the Legislature of any permanent in- terest, which was not until the spring of 1773, saw Mr Jefferson again at his post, intent upon the business of substituting just principles of government for those which prevailed. A court of inquiry, held in Rhode-Island as far back as 1762, in which was vested the extraordinary power to transport persons to England, to be tried for offences committed in America, was considered by him as de- manding attention, even after so long an interval of silence. He was not in public life at the time this pro- ceeding was instituted, and consequently had not the power to raise his voice against it ; but when an im- portant principle was violated, he deemed it never too late to rally. Acquiescence in such an encroachment, would give it the force of precedent, and precedent would soon establish the right. An investigation and protest, too, would rouse the apprehensions of the colo- nists, which had already relapsed into repose. This ap- peared to him a more desirable result, than the simple assertion of right in that particular case. No unusual excitement having occurred, during the protracted in- terval of legislative interruption, the people had fallen into a state of insensibility : and yet, the same causes of irritation existed, that had recently thrown them into such ferment. The duty on tea, with a multitude of co-existing-incumbrances, still pressed upon them ; and the Declaratory Act of a right in the British Parliament to bind them by their laws in all cases, was still sus- pended over them, hanging by the thread of ministerial caprice. The lethargy of the public mind, under such injustice, indicated to Mr Jefferson a fearful state of things. It presented to his eye, a degree of moral prostration, but one remove from that which constitutes the proper element for despotism, and invites its visita- tions. It appeared to him indispensable that something should be done to break the dead calm which rested THOMAS JEFFERSON. 43 on the colonies, and to rouse the people to a sense of their situation. Something, moreover, had been want- ing to produce concert of action, and a mutual un- derstanding among the colonies. These objects could only be accomplished, he thought, by the rapid dissemination of the earliest] intelligence of events, with proper comments. This would keep the excitement alive, and spread discontents, many of which were local, from colony to colony. With a view, therefore, to these important objects, and not thinking the old and leading members had gained the requisite point of forwardness, he proposed to a few of the younger ones, a private meeting in the evening, ' to consult on the state of things.' On the evening of the eleventh of March, 1773, we find this little band of Virginia patriots, Jefferson, Henry, R. H. Lee, F. L. Lee, and Dabney Carr, assembled in a private room of the Raleigh tavern, to deliberate on the concerns of all British America. This conclave, at the Raleigh tavern in Williamsburg, had the merit of erecting the most formidable engine of colonial resistance, that had been devised — the ' Committees of Correspondence' between the Legislatures of the different colonies : and the first offspring of this measure was a movement of incon- ceivable consequence, not only to America, but to the world — the call of a General Congress of all the colo- nies. This result was foreseen, it appears, by the meeting, particularly by Mr Jefferson, who has left us an interest- ing reminiscence of their doings, avoiding as usual any particular notice of his own agency. '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 Correspond- ence, in each colony, would be the best instrument for 44 LIFE OF inter-communication : and that their Jirst measure would prohahly 6e, to propose a meeting of Deputies from every colony, at some central place, who should be charged with the direction of the measures which should be taken bj all.' This presentiment of the call of a General Congress, as the result of their meeting, must have made a power- ful impression upon the mind of Mr Jefferson ; for at the age of seventy-three it was still fresh in his memory. In a letter to a son of Dabney Carr, in 1816, he alludes to it : 'I remember that Mr Carr and myself, returning home together, and conversing on the subject, by the way, concurred in the conclusion, that that measure [Committees of Correspondence] must inevitably beget the meeting of a Congress of Deputies from all the colonies, for the purpose of uniting all in the same principles and measures, for the maintenance of our rights.' It being decided to recommend the appointment of these committees, Mr Jefferson proceeded to draft reso- lutions to that effect, and improved the opportunity to insert a special one, directing an inquiry into the judi- cial proceedings in Rhode-Island. The resolutions be- ing approved, it was decided to propose them to the House of Burgesses, the next morning. His colleagues in council, pressed Mr Jefferson to move them ; ' but I urged,' says he, ' that it should be done by Mr Carr, 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 accordingly agreed that Mr Carr should move them ; after which, this coterie dissolved. The resolutions were brought forward in the House of Burgesses, the next morning, by young Mr Carr ; who failed not to exhibit on the occasion, ' his great worth and talents,' in a speech which electrified the as- sembly. Mr Carr was a member from the county of THOMAS JEFFERSON. 45 Louisa. He was hailed as a powerful acquisition to the reform party. The members flockecrarourid him, greeted him with praises which spoke fervently in their coun- tenances, and congratulated themselves on the accession of such a champion to their cause. But soon were these proud anticipations blighted. Brief was the career of the eloquent and lamented Carr. In two months from the occasion which witnessed this, his first and last triumph, he was no more. Nearly half a century afterwards, Mr Jefferson reverts to the transaction in a letter to a friend, with a fresh- ness which shows a heart yet warm with the feeling it excited. ' I well remember the pleasure expressed in the coun- tenance and conversation of the members generally, on this debut of Mr Carr, and the hopes they conceived, as well from the talents as the patriotism it manifested. But he died within two months after, and in him we lost a powerful fellow laborer. His character was of a high order. A sp»1:less integrity, sound judgment, and fine imagination, enriched by education and reading, quick and clear in his conceptions, of correct and ready elo- cution, impressing every hearer with the sincerity of the heart from which it flawed. His firmness was inflexible in whatever he thought was right : but when no moral principle st@®d in the way, never had man more of the milk of human kindness, of indulgence, of softness, of pleasantry in conversation and conduct. The number of his friends, and the warmth of their affection, were proofs of his worth, and of their estimate of it. To give t© those now living, an idea of the affliction pro- duced by his death, in the minds of all who knew him, I liken it to that lately felt by themselves, on the death of his eldest son, Peter Carr, so like him in all his en-, dowments and moral qualities, and whose recollection can never recur without a deep-drawn sigh from the bosom of any one who knew him.' The resolutions were adopted the same day, March 12, 1773, without a dissenting voice. They had been 5 46 LIFE OF drafted so dexterously, and in such guarded terms, as not to awaken a suspicion against them in the old and cautious members. But the House of Burgesses had no sooner placed them upon record, than they were dissolved, as usual, by the Governor, then Lord Dunmore. For although clothed in the most plausible and inoifensive language, that watchful Executive had too much sagacity not to per- ceive, that they gave occasion for a more formidable re- sistance than had yet been apprehended. But the sentence of dissolution had no effect but to give a popular impulse to the proceedings that led to it ; and to excite those who were designated in the resolu- tions for putting the machine into operation to greater zeal and promptitude. The very next day, the Commit- tee of Correspondence assembled, organized themselves, and proceeded to business. They adopted a circular letter, prepared by Mr Jeiferson, to the Speakers of the other Colonies, enclosing to each a copy of the resolu- tions ; and left it in charge with their chairman, Peyton Randolph, to transmit them hy expresses. The chief mo- ver thus had the happiness to see his favorite measure in course of execution. Although the result of the Raleigh consultation had a more decisive bearing upon the subsequent movements of the country, than any recommendation that had pre- ceded it, we find no mention of the occurrence in any of the numerous histories of our revolution. But the histo- ry of the American Revolution has not been written, so said John Adams in 1815, in a letter to Mr Jefferson ; the latter echoes the sentiment of his correspondent, and declares it never can be written. ' On the subject,' says he, ' of the history of the American Revolution, you ask, who shall write it 1 Who can write it 1 And who will ever be able to write it 1 Nobody ; except merely its ex- ternal facts ; all its councils, designs, and discussions were conducted in secret, and no traces of them were THOMAS JEFFERSON. 47 preserved. These, which are the life and soul of histo- ry, must forever be unknown.' The recommendation of the Virginia Legislature was answered with alacrity by the sister Colonies, and simi- lar Committees of Correspondence were appointed by them all. By this means, a channel of direct communi- cation was estabhshed between the various provinces ; which, by the interchange of opinions and alarms, main- tained a steady equalization of purpose and action throughout the Colonies, and ' consolidated the phalanx which breasted the power of Britain.' The operations of this great institution were incalculably beneficial to the American cause. Its precise influence upon the course and management of the Revolution has never been critically ascertained. Its mighty cabinet has never been broken open, yet it is supposed, that the publication of its voluminous correspondence would ex- hibit some of the most interesting productions of Mr Jefi*erson's pen, as he bore an active agency in its opera- tions ; and it is generally believed that the revelation of its transactions and counsels, would develope to the world the secret causes of many movements, the knowledge of which would reflect accumulated glory on the chiefs of that age. As was predicted by Mr Jefferson and his confede- rates, the establishment of Corresponding Committees resulted in the convocation of a general Congress; which event followed the ensuing year. The intermedi- ate steps to that result, require a summary notice, to show the connection of the prophecy with its fulfilment. The resistance to the revenue impositions had been conducted with such inflexibility and general concert, as to have checked the regular current of importation into the Colonies, and occasioned a prodigious surcharge of the dutied commodities in England. Immense quanti- ties of tea, in particular, had accumulated in the ware- houses of the East India Company •— a monopoly, which 48 ' LIFE OF was much favored by the government, and had an ex- tensive influence over it. This company having obtain- ed permission to transjDort their tea, free of the usual export duty, from Great Britain to America, on condi- tion that upon its introduction there, the duty of three pence per pound should be paid, immediately dispatched enormous shipments to Boston and other American ports. On the arrival of the tea in Boston, the patri- ots were thrown into a frenzy of indignation and alarm. They saw and felt that the crisis now approached which was to decide the great question, whether they would submit to taxation without representation, or brave the consequences of some decisive movement, which might be adequate to relieve them from the emergency. If the tea was permitted to be landed, it would be sold, the duties paid, and all they had gained be lost. They resolved, therefore, that it should not be landed ; and the resolution was no sooner formed, than executed, by the destruction of the entire cargo. The intelligence of this spirited stroke in vindication of popular rights so exasperated the British ministry, that they resorted to a measure which fixed the irrevoca- ble sentence of dismemberment upon the British empire. This was the famous Boston Port Bill, by which the har- bor of that great city was closed against the importation of any goods, wares or merchandise whatsoever, from and after the first day of June, 1774. When the rumor of the impending calamity reach- ed Boston, a meeting of the inhabitants was called ; the act was denounced as cruel and flagitious ; they made their appeal to God and the world. Numerous copies of the act were printed and dispersed over the colonies; and to make a deeper impression on the mul- titude, the copies were printed on mourning paper, bor- dered with black lines ; and they were cried through the country as the ' barbarous, cruel, sanguinary and inhuman murder.''^ * Botta, vol. 1, p. 120, THOMAS JEFFERSON. 49 The Legislature of Virginia was in session when the news of this interdict was received, to wit, in May, 1774. Mr Jefferson was still a member, and his sympathies for the north, rose to a point before unequalled. Perceiving the advantages to be derived from the popular excitement, which he foresaw would be created, he as quickly de- vised the means for using it with effect for the benefit of the common cause. Fearful to trust the cause, at this propitious moment, to the tardy pace of the old mem- bers, he again rallied the little council of chiefs with whom he had confederated on the former occasion, and concerted a private meeting, the same evening, at the council chamber of the library, 'to consult on the proper measures to be taken.' Punctual at the hour, they met ; and mutually ripe in sentiment, unanimously agreed that they ' must boldly take an unequivocal stand in the Kne with Massachusetts.' They were also im- pressed with the necessity of arousing the people from the apathy into which they had fallen, as to passing events ; and for this purpose, Mr Jefferson proposed the appointment of a day of general fasting and prayer throughout the colony, ' as most likely to call up and alarm their attention.' The proposition met enthusiastic acceptance with his colleagues ; and he was requested to prepare the necessary instrument, to be presented to the House. ' No example,' says Mr Jefferson, ' of such a solem- nity had existed since the days of our distress 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 the Puritans of that day, preserved by him, we cooked up a resolution, somewhat modernizing their phrases, for appointing the first 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 5* 50 LIFE OF in support of our rights, and to turn the hearts of the King and Parliament to moderation and justice.' The draft was approved by the consulting members ; but be- fore they separated, another important figure was ne- cessary to be arranged ; and the manner in which it was done showed the wisdom and sagacity of the con- clave. ' To give greater emphasis to our proposition,' continues Mr Jefferson, ' we agreed to wait, the next morning, on Mr Nicholas, whose grave and religious character was more in unison with the tone of our reso- lution, and to solicit him to move it.' They accordingly went to Mr Nicholas the next morning. He moved it the same day, May 24th ; and it passed without oppo- sition. The instrument was drawn up much like the New England proclamations of the present day, with great solemnity of phraseology, directing the members, ' pre- ceded by the Speaker and mace,' to assemble on the ap- pointed day, ' devoutly to implore the Divine interposi- tion for averting the heavy calamity which threatens destruction to our civil rights, and the evils of civil war ; to give us one heart and one mind, firmly to oppose, by all just and proper means, every injury to American rights ; and that the minds of His Majesty and parlia- ment may be inspired from above with wisdom, modera- tion, and justice, to remove from the loyal people of America, all cause of alarm from a continued pursuit of measures pregnant with their ruin.' The solemn example of Virginia was the signal for a general movement among the colonies. The same reli- gious observance was ordered to be kept on the same day, in all the principal towns ; and the first day of June was a day of mourning tliroughout the continent. Business was suspended ; the bells sounded a funeral knell ; the pulpits reverberated with inflammatory dis- courses ; and every engine of popular terror was put in use. In Virginia, the heavens were shrouded with THOMAS JEFFERSON. 51 gloom ; the ministers of religion, arrayed in their long black robes, headed processions of the people, and alarmed them from the pulpit with terrific appeals to their passions ; popular orators pronounced their in- flammatory harangues ; the committees of vigilance cir- culated the infection through every village ; and all co- operated with prodigious effect in promoting the general conflagration. ' The people,' says Mr Jefferson, ' 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.' The most important transaction of this eventful ses- sion remains to be considered. The chain of causes were now bringing about the grand, result, so confi- dently predicted by Mr Jefferson. It would hardly seem credible at the present day, that a resolution for the appointment of a religious ceremony, conceived in such terms of mingled devotion and loyalty as was that of the House of Burgesses, should have provoked the hos- tile interposition of the Executive power : but so it was. The order of the House for a general fast had no sooner fallen under the eye of Lord Dunmore, than he made his appearance before them with the following speech : ' Mr Speaker and gentlemen of the House of Burgesses : I have in my hand a paper published by order of your House, conceived in such terms as reflect highly upon His Majesty and the parliament of Great Britain, which makes it necessary to dissolve you, and you are dissol- ved accordingly.' But the powers of the government had become com- pletely paralyzed in that contumacious colony ; and its Executive decrees were regarded as idle ceremonies. The whole body of the members repaired in a mass to the Apollo. They immediately organized themselves into an independent Convention, agreed to an associa- tion more solemnly than ever against the calamitous 52 LIFE OF revenue system ; declared that an attack on any one colony to compel submission to arbitrary taxes, should be considered as an attack on all British America ; and instructed their committee of correspondence to propose to the corresponding committees of the other colonies, the expediency of appointing Deputies to meet in Congress annually, at such place as should be convenient,^ to di- rect from time to time the measures required by the general interest. That no time might be lost in carrying their recom- mendation of a Congress into effect, they did not leave their seats without first having arranged the preliminary meeting for the choice of their own deputies. They passed a resolution soliciting the people of the several counties to elect representatives to meet at Williams- burg, the 1st of August ensuing, to take into further con- sideration the state of the colony ; and particularly to appoint delegates to the General Congress, should that measure be acceded to by the corresponding committees of the other colonies. The meeting then dissolved ; and the members were universally greeted with the ap- plause of their countrymen. THOMAS JEFFERSON. 53 CHAPTER III. From this period, 1774, the royal government might be considered at an end in Virginia. The self-constitu- ted convention, w^hich was erected upon the ruins of the regal Legislature, immediately succeeded by a bold usurpation to all its functions, and took the reins of the government into their own hands. Agreeably to their instructions, the committee of cor- respondence lost no time in proposing to the commit- tees of the other provinces, the expediency of uniting in the plan of a general congress. They met the day after the adjournment of the convention, Mr Jeiferson in the chair ; prepared letters according to their in- structions ; and dispatched them by messengers express to their several destinations. The proposition was unanimously embraced ; by Massachusetts first, whose Legislature was in session when it was received ; and by all the other provinces, in quick succession, as their respective Legislatures or conventions assembled. Dele- gates were universally chosen — no province sending less than two nor more than seven. Philadelphia was de- signated as the place, and the 5th of September ensuing, as the time of meeting. Agreeably to the further recommendation of the meet- ing at the Apollo, the people of the several counties of Virginia elected delegates to the preliminary conven- tion at Williamsburg. Mr Jefferson was chosen to represent the county in which he resided. On the first of August, '74, this formidable body, being the first de- 54 LIFE OP mocratic convention of Virginia, assembled at Williams- burg, and was organized for business. Mr Jefferson, before leaving home, had prepared a code of instructions to the delegates who should be chosen to Congress, which he meant to propose for the adoption of the meeting. Speaking of these instruc- tions, the author says, ' they were drawn in haste, with a number of blanks, with some uncertainties, and inac- curacies of historical facts, which I neglected at the moment, knowing they could be readily corrected at the meeting.' It is generally admitted that this production ranks second only to the Declaration of Independence, of which it was indeed the genuine precursor, for boldness and originality of sentiment, and felicity of composition. He set out for Williamsburg, some days before that ap- pointed for the meeting of the Convention, but was ar- rested on his journey by sickness, which prevented his attendance in person. His spirit, however, was there ; and so anxious was he to discharge, in some way, the duties of his appointment, that he forwarded by express duplicate copies of his draught; one under cover to Pat- rick Henry, the other to Peyton Randolph. His own account of the reception of his draught is too interesting to be omitted. ' Whether Mr Henry disapproved the ground taken, or was too lazy to read it, — for he was the laziest man in reading I ever knew, — I never learned : but he commu- nicated it to nobody. He probably thought it too bold, as a first measure, as the majority of the members did. On the other copy being laid upon the table of the Con- vention, by Peyton Randolph, as the proposition of a member who was prevented from attendance, by sickness on the road, tamer sentiments were preferred, and, I be- lieve, wisely preferred ; the leap I proposed being too long, as yet, for the mass of our citizens. The distance between these, and the instructions actually adopted, is of some curiosity, however, as it shows the inequality of THOMAS JEFFERSON. 55 pace with which we moved, and the prudence required to keep front and rear together.' The paper was read, nevertheless, with great avidity by the members ; and although they considered it ' a leap too long ' for the existing state of things, they were so impressed with its expositions of the rights and wrongs of the Colonies, that they caused it to be published in a pamphlet form, under the title of * A Summary View of the Rights of British America.' A copy of the work having found its way to England, was taken up by the whigs in Parliament, interpolated in some places by the celebrated Burke, to adapt it to opposition purposes there, and in that form ran rapidly through several editions. Such doctrines as were advanced in this pamphlet, had never before been heard in England, nor even ventured in America ; and they drew upon the author the hottest vials of ministerial wrath. The name of Jefferson was forthwith enrolled in a Bill of Attainder for treason, in company with those of about twenty other American cit- izens, who were considered the principal ' agitators ' in the Colonies. The Attainder however although actually commenced in Pdl'liament, never came to maturity, but ' was suppressed in embryo by the hasty step of events, which warned them to be a little cautious.' This ancient paper is highly valuable as containing the first disclosure, in a clear and authentic form, of the state of Mr Jefferson's mind on the subject of those great questions which were the bases of the American Revolu- tion ; and as exhibiting in the discussions which it gave rise to, and in the circumstances attending its rejection by the Convention, the ' inequality of pace ' with which the leaders in the American councils travelled onward to the same result. It will not be thought invidious at the present day, to compare the birth and trace the relative progress of their opinions on those truths the practical application of which, in a rational and peaceable way, 56 LIFE OF has already regenerated the political condition of half the world. It appears that in the most essential principles involved in the emancipation of the American Colonies from Great Britain — those principles which settled the question upon its right basis and determined the final issue — Mr Jefferson was for a long time ahead of his cotemporaries. The great point at which the other leaders of that hazar- dous enterprize, with a single exception,* halted, as the utmost extremity of colonial right, he only called the * half way house.' A brief memorandum which he him- self has lefit of that period, explains the ground which he occupied, and the precise distance between him and his compatriots. Speaking of his draft of instructions, he says — ' 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 Colo- nies, was exactly the same, as that of England and Scot- land, after the accession of James and until the union ; and the same as her present relations with Hanover, hav- ing the same executive chief, but no other necessary po- litical 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 doctrine, 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, Pendleton, stop- ped at the half-way house of John Dickinson, who ad- mitted that England had a right to regulate our com- merce, and to lay duties on it for the purposes of regula- tion, but not of raising revenue. But for this ground there was no foundation in compact, in any acknowledged principles of colonization, nor in reason — expatriation * Mr Wythe. THOMAS JEFFERSON. 57 being a natural right, and acted on as such, by all nations, in all ages.' Again, in a letter to John Saunderson, in 1820, he says: * On the first dawn of the Revolution, instead of hig- gling on half-way principles, as others did, who feared to follow their reason, he [Wythe] 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 more author- ity over us, than we had over them ; and that we were co-ordinate nations with Great Britain and Hanover.' This point is farther illustrated in the Bill of Attainder, before mentioned. After reciting a list of proscriptions, among which were Hancock and the Adamses, as noto- rious leaders of the opposition in Massachusetts, Patrick Henry, as the same in Virginia, Peyton Randolph, as Pre- sident of the General Congress in Philadelphia, the Bill adds, « and Thomas Jefferson, as author of a proposition to the Convention of Virginia, for an address to the Ring, in which was maintained, that there was in right, no link of union between England and the Colonies, but that of the same King ; and that neither the Parliament, nor any other functionary of that government, had any more right to ex- ercise authority over the Colonies, than over the electorate of Hanover ; yet expressing, in conclusion, an acquiescence in reasonable restrictions of commerce for the benefit of Great Britain, a conviction of the mutual advantages of union, and a disavowal of the wish for separation.'* It appears, therefore, that the final and only tenable ground of answer to the great question which formed the hinge of the American Revolution, the right of taxation without representation, originated with Mr Jefferson. Following out the right of expatriation into all its con- sequences, he advanced at once to the necessary con- * Girardin's History of Virginia, Appendix, No. 12, note. 6 58 LIFE OP elusion, that there was no political connection what- ever between the Parliament of Great Britain and the Colonies ; and consequently, that it had no right to tax them in any case — not even for the regulation of com- merce. The other patriots, either not admitting the right of expatriation, or what is most likely, not having pursued it to its legitimate results, conceded the authority of Parliament over the Colonies for the purposes of com- mercial regulation, though not of raising revenue. But this was going no farther than did Burke, Chatham, Wilkes, Fox, and the opposition members generally of the House of Commons ; and it is not improbable that, had the question been restrained to that issue, it would have terminated in mutual reconciliation upon that basis. But happily it was not so restrained, and quite a different conclusion was the result. It is no small evidence of originality, that one of the youngest of the American counsellors, and a youth compared to most of them, should have been the first to plant himself upon the farthest verge of colonial right, short of absolute independence. Upon a critical examination of this paper, which is in- serted at length in the first volume of Jeficrson's Works, it will appear that the author's mind had already attain- ed those fundamental discoveries in Political Science, which have since received such an astonishing exempli- fication before the world. It is a more learned and elaborate production than the Declaration of Independ- ence, to which it is inferior as a literary performance ; but in power and sublimity of conception, scarcely exceeded by the ' Declaratory Charter of our rights and of the rights of man.' The author begins with the vindication of the first principle of all political truth, the sovereignty of the peo- ple^ as a right which they derive from God, and not from His Majesty ; who, he afiirms, * is no more than the chief ofiicer of the people, appointed by the laws, and invested with definite powers, to assist in working the THOMAS JEFFERSON. 59 great machine of government, erected for their use, and consequently subject to their superintendence.' He next proceeds to vindicate the right of expatriation^ showing that the barbarian nations in the North of Europe, from whom the inhabitants of Great Britain descended, would have as good right to usurp jurisdiction over them, as thej over us ; and from this right, the basis of every oth- er, he deduces the broad principle, that the American States were co-ordinate nations with Great Britain her- self, having a common executive head, but no other link of political union. The doctors of nullification would here find a triumphant justification of their theory, should it be made to appear, that the States possess the same relation to the federal, that they then did to the mother government ! He refutes, with becoming satire, the fictitious principle of the common law, that all lands belong mediately or immediately to the Crown, and says, * it is high time to declare, that His Majesty has no right to grant lands of himself.' Finally, he recommends His Majesty to ' open his breast to liberal and expanded thought,' adding ' that the great principles of right and wrong are legible to every reader,' and that ' the whole art of government consists in the art of being honest.^ In conformity to this ground, the word ' States ' is for the first time substituted for that of ' Colonies.' This will not be thought a small circumstance when it is known, that in the debates upon the Declaration of In- dependence even, the term ' States ' was made a topic of repeated cavil, and in several instances expunged. The Convention at Williamsburg were not prepared to sanction the principles contained in these * instructions.' Tamer sentiments were substituted ; the congressional delegates* *Th,e Delegates to the first Congress, on the part of Virginia, were Peyton Randolph, Richard H. Lee, George Washington, Pat- rick Henry, Richard Bland, Benjamin Harrison, and Edmund Pen- dleton. 60 LIFE OP were appointed, to the number of seven ; and resolutions were adopted, in which they pledged themselves to make common cause with the people of Boston, in every ex- tremity. They broke off all commercial connection with the mother country, until the grievances of which they complained, should be redressed ; and empowered their chairman, Peyton Randolph, or in case of his death, Robert C. Nicholas, on any future occasion that might in his opinion require it, to convene the several delegates of the colony, at such time and place as he might judge proper. This last resolve was more important, than all the others, as it showed their determination to keep the government in their own hands, to the exclusion of the parent authorities, and was a virtual assumption of inde- pendence in Virginia. The General Congress assembled at Carpenter's Hall, in Philadelphia, September 5th, '74 ; and organized for business, by choosing Peyton Randolph of Virginia, President, and Charles Thompson of Pennsylvania, Se- cretary. Delegates attended from every province, ex- cept Georgia, and were in number fifty-five. They ter- minated their first session on the 26th of October, to meet again at the same place on the 10th of May ensu- ing, at which time Mr Jefferson became a Deputy elect. On the 20th of March, 1775, the popular Convention of Virginia assembled the second time, upon invitation of the Chairman, to deliberate further on the state of pub- lic affairs, and the measures it demanded. To a politi- cal union with Great Britain, upon the broad basis of reason and right, he was not averse ; nay, he most anx- iously and fervently desired it, to avoid the horrors and desolations which the other alternative presented. ' But, hy the God that made »«e,' said he a short time afterwards, ' I will cease to exist, before I yield to a connection on such terms as the British Parliament propose.'' The distance between tlfe terms upon which he would consent to a union, and the terms which Great Britain had demand- THOMAS JEFFERSON. 61 ed, was too gi^eat for any reasonable hope of accommo- dation. The only grounds upon which he would submit to a compromise were, freedom from all jurisdiction of the British Parliament, and the exclusive regulation, by the colonies, of their own internal affairs, — freedom from all restraints upon navigation with respect to other nations, — freedom from all necessary accountability to the common law, — and, in a word, freedom from all the laws, institutions and customs of the mother country, until they should have been specifically adopted as our laws, institutions and customs, by the positive or implied assent of the people. But would Great Britain consent to an abandonment of all her pretensions, and accept the proffered condi- tions 1 The idea was preposterous. So far from it, there was little probability she would yield to the far more gracious proposals of Congress. Mr Jefferson saw with prophetic certainty the inevitable result ; and he yearn- ed to have the same clear, strong, yet terrible perspec- tive burst upon the tardy vision of his countrymen. He had long anticipated the awful crisis, to which the cur- rent of events was fast tending; and we have now arriv- ed to the epoch, when his mind was made up to meet that crisis, with all the firmness which its nature de- manded. ' My creed,'' says he, ' had been formed on iin- sheathing the sword at Lexington.^ This event, it will be recollected, occurred the ensuing month of April. The Convention proceeded to business. They adopt- ed a resolution expressive of their unqualified approba- tion of the measures of Congress ; declaring that they considered * this whole continent as under the highest ob- ligations to that respectable body, for the wisdom of their counsels, and their unremitted endeavors to maintain and preserve inviolate, the just rights and liberties of his Majesty's dutiful and loyal subjects in America.' They next resolved, that ^ the warmest thanks of the convention and of all the inhabitants of this colony, were due, and 6* 62 LIFE OF that this just tribute of applause be presented to the wor- thy delegates deputed by a former convention to repre- sent this colony in general congress, for their cheerful undertaking and faithful discharge of the very important trust reposed in them.' It would be doing injustice to Mr Jefferson, to suppose the above resolutions came from him. Not that he dis- approved them ; on the contrary, he regarded their adoption as an act of justice as well as gratitude. But they probably proceeded from that side of the House, which now, as heretofore, was content to follow; and whose sentiments, being more in unison with the in- structions given to their own deputies, were likewise more conformable to the attitude assumed by Congress. For, be it understood, there was a strong inequality of sentiment in this, as in all former meetings ; nor was it long in displaying itself. Soon there arose a leader from the other side of the House, who responded in a note of thunder to the preceding resolutions, as follows: ' Resolved, that this colony be immediately put into a state of defence, and that be a committee to prepare a plan for embodying, arming, and disciplining, such a number of men, as may be sufficient for that purpose.' The effect of this proposition was like a bolt from hea- ven upon the members of the Convention. A deep and painful sensation betrayed itself portending a desperate resistance to the measure. Long and vehement was the contest that succeeded. The resolution was opposed by all the aged, including some of the warmest pati-iots of the Convention; Pendleton, Harrison, Bland, Nicholas, and even the sanguine and republican Wythe. Alluding to these gentlemen and their backwardness upon this oc- casion, Mr Jefferson writes to a friend, in 1815 : ' These were honest and able men, who had begun the opposition on the same grounds, but with a moderation more adapted to their age and experience. Subsequent THOMAS JEFFERSON. ^ events favored the bolder spirits of Henry, the Lees, Pages, Mason, fcc, with whom I went in all points. Sensible, however, of the importance of unanimity among our constituents, although we often wished to have gone on faster, we slackened our pace, that our less ardent colleagues might keep up with us ; and they, on their part, differing nothing from us in principle, quickened their gait somewhat beyond that, which their prudence might, of itself, have advised, and thus consolidated the phalanx, which breasted the power of Britain. By this harmony of the bold with the cautious, we advanced, with our constituents, in undivided mass, and with fewer examples of separation, than perhaps existed in any other part of the union.' These gentlemen were all characters of weight in the Colony ; insomuch that in all proceedings of a popular bearing it was essential to conciliate them. Their oppo- sition therefore, at this stage of their progress, was a source of real anguish to the more ardent chiefs of the reform party. Their repugnance to the military propo- sition was as unfeigned, as firm. They had never dream- ed of carrying their resistance into more serious forms than those of petition, remonstrance and passive non- intercourse. With expectations yet warm and unclouded, of a final reconciliation with the parent government, they shrunk with horror, from any attitude which might en- danger that result. Most of them were zealous Church- men, ardently attached to the established religion of Great Britain, and dreaded a disruption from her, on that account, as from the anchor of their salvation. They directed the whole weight of their influence, and exerted all the powers of their eloquence to defeat the measure ; but their resistance was overborne by the impetuosity of that torrent which poured from the lips of the more reso- lute champions of freedom. The resolution was moved by Mr Henry, and support- ed by him, by Mr Jefferson, and the whole of that host which had achieved so much in council. They put 64 LIFE OP their united resources into action ; and bore off the palm against the wisdom and pertinacity of the opposing corps. The proposition was carried, and no sooner was the vote dechued than the opjiosinji: members, one and all, went over to the majority, and lent their names to supply the blank in the resolution. They * quickened their gait somewhat beyond that wliieh their prudence had of itself advised,' and advanced boldly to a line with their col- leagues. JMr JeiVerson was appointed on the committee to prepare the plan called for by the resolution. The committee met immediately ; and reported to the same Convention a plan for embodying, arming and disciplin- ing the militia, which was likewise adopted. This was a revolutionary movement. In addition to the local advantnges which it secured, it operated as a direct appeal to the sister Colonies, and to Congress. But it was even more important as recogni/.ing a funda- mental princi})le. In the preamble to the resolution, which bears the broad stamp of Mr Jellerson's senti- ments, it is declared ' that a well-regulated militia, com- posed of gentlemen and yeomen, is the natural strength and only security of a free government ; and that a standing army of mercenary soldiers is subversive of the quiet, dangerous to the liberties, and burthensome to the properties of tlie people.' Having disposed of this subject, and transacted some other business of minor importance, the Convention pro- ceeded to the election of Deputies to the ensuing Con- gress. They re-appointed the same persons ; and fore- seeing the probability tliat Peyton Randolph woidd be called otTto attend a meeting of the House of Burgesses, they made choice of jMr Jefferson to supply the vacancy. Lastly, having provided for a re-election of delegates to the next Convention, they adjourned. We have now reached the precise date. May 1775, at which Mr JetVerson announced that creed which he dictated to Congress, one year after, and they so un- THOMAH JEFFERSON. 05 dauntedly promulgated to tlie world. «The God who gave us life, gave us liberty at the same time,' was first ; 'the hand of force may destroy, but cannot disjoin tliem,* was last. The ' hand of force' had been upraised ; the sword had been drawn at Lexington, and blood had been spilt. From that moment all hope, not to say desire, of a peaceable accommodation, was extinguished. The following letter, written at this time, exhiljits the state of his own, and .of the public mind, on the intelli- gence of the first hostihties. It is the earliest of his published correspondence, and was addressed to his college friend, William Small. 'May 7, 1775. 'Dear Sir, — Within this week we have received the unhappy news of an action of considerable magnitude, between tlic King's troops and our brethren of Boston, in which, it is said, five hundred of the former, with the Earl of Percy are slain. That such an action has oc- curred is undoubted, though, perhaps, the circumstances may not have reached us with truth. This accident has cut off our last hope of reconciliation, and a frenzy of revenge seems to have seized all ranks of people. It is a lamentable circumstance, that the only mediatory power, acknowledged by both parties, instead of leading to a reconciliation his divided people, should pursue the incendiary purpose of still blowing up the flames, as we find him constantly doing, in every speech and public declaration. This may, perhaps, be intended to intimi- date into acquiescence, but the effect has been most un- fortunately otherwise. A little knowledge of human nature, and attention to its ordinary workings, might have foreseen that the spirits of the people here were in a state, in which they were more likely to be provoked, than frightened, by haughty deportment. And to fill up the measure of irritation, a proscription of individuals has been substituted in the room of just trial. Can it be believed, that a grateful people will suffer those to be consigned to execution, whose sole crime has been the developing and asserting their rights ? Had the Parlia- ment possessed the power of reflection, they would have 66 LIFE OF avoided a measure as impotent as it was inflammatory. When I saw Lord Chatham's bill, I entertained high hope that a reconciliation could have been brought about. The difference between his terms, and those offered by our Congress, might have been accommo- dated, if entered on, by both parties, with a disposition to accommodate. But the dignity of Parliament, it seems, can brook no opposition to its power. Strange, that a set of men, who have made sale of their virtue to the minister, should yet talk of retaining dignity ! But I am getting into politics, though I sat down only to ask your acceptance of the wine, and express my constant wishes for your happiness.' According to expectation, the General Assembly of Virginia was summoned by Governor Dunmore, to meet on the 1st day of June, '75 ; and Peyton Randolph was obliged to leave the chair of congress, to attend as speaker to that assembly. Thus wa^created the antici- pated vacancy in the congressional delegation, which Mr Jefterson had been elected to fill. But he did not take his seat in that memorable body until some weeks afler. A more imperious duty required his attention at home, just at that moment. Lord Dunmore had paraded the Legislature before him, declaring that His Majesty, in the plenitude of his royal condescension, had extended the ' olive branch' to his discontented subjects in America, and opened the door of reconciliation upon such terms as demanded their grateful consideration and prompt acceptance. The olive branch proved to be the famous * Conciliatory Proposition' of Lord North, than which, a more insidi- ous overture, or a more awkward attempt at diplomacy never disgraced the annals of ministerial intrigue. He immediately laid his budget before the Legislature. Happily Mr Jefferson was a member ; and he was en- treated to delay his departure for Congress, until this exciting subject should be disposed of. The speaker, Randolph, knowing that the same proposition had been THOMAS JEFFERSON. 67 addressed to the governors of all the colonies, and anx- ious that the answer of the Virginia Assembly should harmonize with the sentiments and wishes of the body he had recently left, persuaded Mr Jefferson to remain at his post. * He feared,' says the latter, 'that Mr Nicholas, whose mind was not yet up to the mark of the times, would undertake the answer, and therefore press- ed me to prepare it.' The import of this celebrated proposition was, that should any colony propose to contribute its proportion towards providing for the common defence, such pro- portion to he disposable hy Parliament^ and to defray the amount of its own civil list, such colony, the proposal heing approved by the parent government, should be ex- empted from all parliamentary taxes, except those for the regulation of commerce ; the net proceeds of which should be passed to its separate credit. It was perceived at once, that an official proposition from the British court, so specious in its terms, and at the same time so mischievous in its designs, required a fundamental evis- ceration and reply. A committee of twelve therefore of the strongest members, was raised, to devise the appro- priate treatment ; and to Mr Jefferson, who was one of the committee, was assigned with one accord the exclu- sive preparation of the instrument. The admirable ad- dress with which he baffled the diplomacy of the British minister, and the designs of his vaunted * Proposition,' has been the theme of the historian and the statesman, from that day to the present. The original draught was so strong that even the committee were in doubt ; and although they consented to report it, they attacked it with severity in the House. ' But with the aid of Randolph,' says Mr Jefferson, 'I carried it through; with long and doubtful scruples from Mr Nicholas and James Mercer, and a dash of cold water on it here and there, enfeebling it somewhat, but finally with unanimi- ty, or a vote approaching it.' 68 UFB OF In this paper the author ilid not scruple to intimate to the luimster, tliat lus pro[H>situni >vav< porfootlv under- stood on tliis suio i>f the water. Tliat its real object was to proiluco a ilivisii>n among" the (\>K>nies, some of which, it was su[)poseil, wmild accept it anil torsake the rest; or in tailure of that, to atVoiil a pretext to tlie peo- ple of Kniilaml for justityinii" the (lovernment in the aih^ption iW' tin* most coercive nu^asures. He ileclared moreovtM" that havinij; examined it in the most tavorahle point of view. \\c was still conipellcil m ith pain and dis- appointment to conclude, that it only chanjicd the lorm of oppression, without Hiihteninii' its burden ; and that tluMctore it nnist be ntet by a tiiin and uncpialilicil rejec- tion, lie saiil that the ]iroposal then n\ade to them, in- volved the interests of all the Colonies, and shouhl \u\\c been adilressed to them in their collective ca[n\city. Thev were represented m a jicneral (\>niiress composed of Oeputies frotn all the States, whose nmon, he trusted, hail been so stnniiily ceinentcil that no partial applica- tion could produce the shiihtcst dt>^>arture tVom the com- mon cause. Thev consiilercvl themselves as bound m honor, as \>ell as interest, to share one g\>uoral fate with their sistt r colonies : and shoidd hoUl themselves as base deserters of the Tnion to which they had acceded, were thev to airree to any measure of a separate acconnuo- dation. This celebratcil paper couchules with a reli- jjious ejaculation: the \> ant i>f which in some of the documents ilrawn by Mr JetVerson. has atVorded a theme of unjust anin\ailveision upiui his vic\\s of the Oimuc super inteiuleuce. * These, my l^ord, are our sentiments, on this impor- tant su\>icct. which we otVcr i>uly as an indi\idual part of the whole empire. Final ilctcnuination we leave to the General Conjiivss. now sittinjj, before whom we shall lav the papers vour lordship tias ct>mmunicated to us. For i>ursches, we have exhausted every mode of appli- cation which tuir invention conld sujijjt^st, as proper and promising-. >Ve have decently remonstrated with par- THOMAS JEFFERSON. (»0 liament — they have added new injuries to the oUl ; we have wearied our Kin«»' witli supplications he has not dei«!,nod to answer us; we liave appealed to the native lionor ami justice of the l>ritish nation — their etVorts in our favor have hitherto heen inellectual. AYhat then re- mains to be done ! That we connnit onr injuries to the even-handed justice of that llcini:^', who doc^tli no wrong, earnestly beseeching' llim to iilunnnate the councils, and prosper the endeavors of those to whom America hath contidcd her ho[>es ; that through tiieir wise directions, we may again see re-united the blessings of liberty, pros- perity and harmony with CJreat Kritain.' It may be considered fortunate that Virginia took the precedence of the other Colonies, perhaps even of Con- gress, in replying to this deceptive overture ; and no less fortunate that the business of prei>ariug the answer de- volved on Mr Jellerson. A less decisive and nnecpiivo- cal stand at the outset, would have admitted the entering wedge, and perhaps ended in ntter disorganization. It is not anu)ng the least of the merits of tliis performance, that the ' Union' is kept uppermost throughout, and the word ' Congress ' sonnded in the ears of his lordship at every step, sternly intimating that that is the door at which he must knock with all his messaiics of negocia- tion. Better evidence, however, of the high character of this production could not be given, than the fact that, on Mr Jefferson's repairing to Philadelphia and convey- ing the first notice of it to Congress, that enlightened body were so impressed with the gronnd taken, that they very soon adopted it, after a slight revision by the author, as the concurrent voice of the nation. This cir- cumstance accounts for the similarity of feature in the two instruments. Viewed in a political light the present essay, like his 'Rights of British America,' proves the author's mind to have been indoctrinated in the great principles of the Revolution, long before he wrote the Declaration of Independence. Its eiVect upon Lord Dunmore may be inferred from his answer, a few days after its presentation to his Excellency. It was suffi- 7 M 70 LIFE OF ciently laconic. ' Gentlemen of the House of Burgesses — It is with real concern I can discover nothing in your address, that I think manifests the smallest inclination to, or will be productive of, a reconciliation with the mother country.' This was the last regal Assembly that ever met in Virginia. They adjourned on the 24th of June, '75, and the Governor could never afterwards collect a quorum. In a paroxysm of terror he had some days before aban- doned the palace, and fled for refuge on board one of the British ships of war, declaring he would never return, unless they accepted the conciliatory proposition of the Prime Minister. Although his Excellency returned, the people would never afterwards receive him or rever- ence his authority. As this was the last, so was it the most important As- sembly that was held under the royal government. By its decisions, a long stride was taken in the advancement of the general cause. The example was electric upon the other provinces, and was felt with awe in the great American Council. ' The constant gratitude,' says Girar- din, ' of the American people, will, through every succeed- ing generation, be due to this assembly of enlightened patriots. Had they, upon this occasion, have accepted of any partial terms of accommodation, favorable to them- selves alone, and in exclusion of the rights of the other colonies, or had they been less firm in repelling the ag- gressions of the Governor, or less able in defending their own liberties, the cause of American Independence might probably have terminated very differently from what it actually did.' The fall of the regal power in Virginia commenced the literal verification of that blasting prophecy of Wilkes in the House of Commons, the February before. But the * loss of the first province of the empire ' was not follow- ed, as he hoped, ' with the loss of the heads of the Min- isters.' In the course of one of the most vehement and THOMAS JEFFERSON. 71 overwhelming onsets against the administration, and one of the most ardent and powerful discourses upon human liberty, every tittle of which was a prophecy, that intre- pid defender of the rights of man uttered the following sentences. ' In the great scale of empire, you will de- cline, I fear from the decision of this day ; and the Amer- icans will rise to independence, to power, to all the greatness of the most renowned States ; for they build on the solid basis of general public liberty.' * If you persist in your resolution, all hope of reconciliation is extinct. The Americans will triumph — the whole con- tinent of North America will be dismembered from Great Britain, and the w^ide arch of the raised empire fall. But I hope the just vengeance of the people will overtake the authors of these pernicious counsels, and the loss of the first province of the empire, be speedily followed by the loss of the heads of those Ministers who first invented them.' 72 LIFE OF CHAPTER IV. On the 21st of June, 1775, Mr Jefferson took his seat in the grand council of arbiters, to whom America had committed the direction of her destinies. In the origi- nation of this Council, he had exercised a leading agen- cy ; and through the whole process of its establishment, had persevered with ardor. He was now ushered upon a theatre, broad enough to meet his own standard of thought and desire of ac- tion. His patriotism had comprehended the whole ter- ritory of British America, and would stop at nothing short. The Union had had its birth place in his mind. It had been first breathed from his lips. He had pointed to it in all his propositions ; and hurled it in defiance at the British Premier. The consolidation of the moral and physical energies of the continent, was the first ob- ject of his ambition ; and that object was now in a fair course of accomplishment. Congress had been in session about six weeks when Mr Jefferson arrived ; yet an opportunity had been re- served, in anticipation, for impressing the tone of his sentiments upon the most important state-paper that had yet been meditated. On the 24th of June, the committee which ^ad been appointed to prepare a Dcdar^ation of the causcjof taking up arms, brought in their report. The report, being dis- approved by the majority, was recommitted, and Mr Jefferson and Mr Dickinson were added to the com- mittee. This document was designed as a manifesto to THOMAS JEFFERSON. 73 the world, justifying a resistance to the parent govern- ment, and required a skilful preparation. The com- mittee requested Mr Jefferson to execute the draught. He excused himself; but on their pressing him with urgency, he consented. He brought it from his study, and laid it before the committee. As anticipated by the writer, it was too strong for Mr Dickinson, who still retained the hope of reconciliation with the mother country, and was unwilling it should be lessened by of- fensive statements. ' He was so honest a man,' says Jefferson, ' and so able a one, that he was greatly in- dulged even by those who could not feel his scruples.' They therefore requested him to take the paper, and re- mould it according to his own views. He did so : pre- paring an entire new statement, and retaining of the former draught only the last four paragraphs and half of the preceding one. The committee approved and reported it. In Congress, it encountered the shrugs and grimaces of the revolutionary party in every quarter of the House ; and the desire of unanimity, ever predominant, was the only motive which silenced their repugnance to its lukewarmness. A humorous circumstance attending its adoption is related by Mr Jefferson. It shows the great disparity of opinion which prevailed in that body, and the mutual sacrifices which were constantly requir- ed to preserve an unbroken column. ' 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 its humility was gen- eral ; and Mr Dickinson's delight at its passage was the only circumstance which reconciled them to it. The vote being passed, although farther 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 •7* 74 LIFE OF 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." ' This production enjoys a high reputation. The fact that Mr Jefferson had any agency in its prepara- tion, or that so radical an opposition of views existed in the Congress of '75, has never been stated by any writer ; nor indeed had many interesting minutiae, connected with our ancient history come to the light, before the publication of his private 'memoranda.' As a literary performance, and as a specimen of revolu- tionary fortitude perhaps unequalled, the effect of which was to charge the entire responsibility of the war upon Great Britain, it possesses great merit. But in a politi- cal point of view, it is insufferably tame and humilia- ting; though even in that light, it was the best perhaps that the circumstances of the times allowed, inasmuch as it coincided with the sentiments of the great majority of the American people. It abandoned the whole ground which Mr Jefferson had taken in his draught, the ground which he had uniformly maintained in his previous writings, and the one which Congress themselves adopt- ed, the ensuing year, as the only orthodox and tenable statement of their cause. It intimated a desire for an amicable compact, something like Magna Charta, in which doubtful, undefined points should be ascertained, so as to secure that proportion of authority and liberty, which would be for the general good of the whole em- pire. It claimed only a partial exemption from the au- thority of parliament ; expressed a willingness in the colonies to contribute, in their own way, to the expenses of government ; but made a traverse, at last, in prefer- ring the horrors of war to submission to the unlimited supremacy of parliament.* * Ramsay. THOMAS JEFFERSON. 75 Such were the doctrines which influenced a very great majority of Congress. The actual revolutionists were a feeble body in the House. The decision of character requisite to assume a posture so heretical at this time, and so pregnant with the auguries of woe, desolation and death, appeared almost supernatural. It was en- joyed by few even of that race of men. After stating the grounds upon which they rested the justification of their appeal to arms, the manifesto concludes in the language of Mr Jefferson's draught. It is worthy of remark that, while all historians have concurred in ascribing the entire production to Mr Dick- inson, they have at the same time generally quoted only Mr Jefferson's conclusion. ' We are reduced to the alternative of choosing an unconditional submission to the tyranny of irritated ministers, or resistance by force — the latter is our choice. We have counted the cost of this contest, and find nothing so dreadful as voluntary slavery. Honor, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them, if we basely entail here- ditary bondage upon them. ' Our cause is just. Our union is perfect. Our in- ternal resources are great ; and, if necessary, foreign assistance is undoubtedly attainable. We gratefully ac- knowledge, as signal instances of the Divine favor to- wards us, that his Providence would not permit us to be called into this severe controversy, until we were grown up to our present strength, had been previously exer- cised in warlike operation, and possessed of the means of defending ourselves. With hearts fortified with these animating reflections, we most solemnly, before God and the world, declare, that, exerting the utmost energy of those powers, which our beneficent Creator hath graciously bestowed on us, the arms we have been com- pelled by our enemies to assume, we will, in defiance of 76 LIFE OF every hazard, with unabating firmness and perseverance, emploj for the preservation of our Uberties ; being with one mind resolved to die freemen, rather than to live slaves. ' Lest this declaration should disquiet the minds of our friends and fellow subjects in any part of the empire, we assure them, that we mean not to dissolve that union which has so long and so happily subsisted between us, and which we sincerely wish to see restored — necessity has not yet driven us into that desperate measure, or induced us to excite any other nation to war against them — we have not raised armies with ambitious de- signs of separating from Great Britain, and establish- ing independent States. We fight not for glory or for conquest. We exhibit to mankind the remarkable spec- tacle, of a people attacked by unprovoked enemies, without any imputation or even suspicion of offence. They boast of their privileges and civilization, and yet proffer no milder conditions than servitude or death. 'In our own native land, in defence of the freedom that is our birth right, and which we ever enjoyed until the late violation of it — for the protection of our pro- perty, acquired solely by the honest industry of our fore- fathers and ourselves, against violence actually offered, we have taken up arms. We shall lay them down when hostilities shall cease on the part of the aggressors, and all danger of their being renewed shall be removed — and not before. ' With an humble confidence in the mercies of the supreme and impartial Judge and Ruler of the universe, we most devoutly implore his divine goodness to protect us happily through this great conflict, to dispose our adversaries to reconciliation on reasonable terms, and thereby to relieve the empire from the calamities of civil war.' This declaration was published to the army by Gen- eral Washington ; and proclaimed from the pulpit, with great solemnity, by the ministers of religion. On the 22d of July, Congress took into consideration the concihatory proposition of Lord North. This was a final peace measure, and it is said they delayed their THOMAS JEFFERSON. 77 answer, under pretext of dignity, with a view to wait the event of the first actions, from which they might draw some prognostics of the probable issue of the war. However this may be, they exercised great discrimina- tion in constituting the committee who should prepare the instrument. Being elected by ballot, the number of votes received by each, decided his station on the com- mittee — -which was in the following order : Dr Frank- lin, Mr Jefferson, John Adams and Richard H. Lee. A stronger committee could not have been raised in that House. It combined the greatest maturity of judgment, with the soundest revolutionary principles. It was a signal compliment to Mr Jefferson, who was but a new member, and the youngest man in the whole body. The answer of the Virginia Assembly upon the same subject having been read and admired, the committee requested its distinguished author to prepare the present report. He consented ; and as before observed, made his reply on the former occasion the basis of this. Although intimately blended with the reputation of the writer, and next in importance at that time to the Declaration of Independence, its great length excludes it from a place in this volume. On the first of August, Congress adjourned, to meet again on the 5th of September following. The following letters, which Mr Jefferson addressed at this critical time to a friend in England, are rare revolutionary fragments. They show how little there was of any thing but principle, which entered into the motives of a principal actor, and one who was pro- scribed as unpardonable among the movers of the re- bellion. 'Monticello, August 25, 1775. ' Dear Sir, — I am sorry the situation of our country should render it not eligible to you to remain longer in it. I hope the returning wisdom of Great Britain will, ere long, put an end to this unnatural contest. There 78 LIFE OF may be people to whose tempers and dispositions, con- tention is pleasing, and who, therefore, wish a con- tinuance of confusion ; but to me, it is of all states but one, the most horrid. My first wish is a restoration of our just rights ; my second, a return of the happy pe- riod, when, consistently with duty, I may withdraw myself totally from the public stage, and pass the rest of my days in domestic ease and tranquillity, banishing every desire of ever hearing what passes in the world. Perhaps, (for the latter adds considerably to the warmth of the former wish,) looking with fondness towards a reconciliation with Great Britain, I cannot help hoping you may be able to contribute towards expediting this good work. I think it must be evident to yourself, that the Ministry have been deceived by their officers on this side of the water, who (for what purpose, I cannot tell) have constantly represented the American opposition as that of a small faction, in which the body of the people took little part. This, you can inform them, of your own knowledge, is untrue. They have taken it into their heads, too, that we are cowards, and shall surren- der at discretion to an armed force. The past and fu- ture operations of the war must confirm or undeceive them on that head. I wish they were thoroughly and minutely acquainted with every circumstance relative to America, as it exists in truth. I am persuaded, this would go far towards disposing them to reconciliation. Even those in parliament who are called friends to America, seem to know nothing of our real determina- tions. I observe, they pronounced in the last parlia- ment, that the Congress of 1774, did not mean to insist rigorously on the terms they held out, but kept some- thing in reserve, to give up ; and, in fact, that they would give up every thing but the article of taxation. Now, the truth is far from this, as I can affirm, and put my honor to the assertion. Their continuance in this error may perhaps produce very ill consequences. The Congress stated the lowest terms they thought possible to be accepted, in order to convince the world they were not unreasonable. They gave up the monopoly and regulation of trade, and all acts of parliament prior to 1764, leaving to British generosity to render these, at THOMAS JEFFERSON. 79 some future time, as easy to America, as the interest of Britain would admit. But this was before blood was spilt. I cannot affirm, but have reason to think, these terms would not now be accepted. I wish no false sense of honor, no ignorance of our real intentions, no vain hope that partial concessions of right will be accepted, may induce the Ministry to trifle with accommodation, till it shall be out of their power ever to accommodate. If, indeed, Great Britain, disjoined from her colonies, be a match for the most potent nations of Europe, with the colonies thrown into their scale, they may go on securely. But if they are not assured of this, it would be certainly unwise, by trying the event of another campaign, to risk our accepting a foreign aid, which perhaps may not be obtainable, but on condition of ever- lasting avulsion from Great Britain. This would be thought a hard condition to those who still wish for re- union with their parent country. I am sincerely one of those ; and would rather be in dependence on Great Britain, properly limited, than on any nation upon earth, or than on no nation. But I am one of those, too, who, rather than submit to the rights of legislating for us, as- sumed by the British parliament, and which late expe- rience has shown they will so cruelly exercise, would lend my hand to sink the whole island in the ocean. ' If undeceiving the Minister, as to matters of fact, may change his disposition, it will perhaps be in your power, by assisting to do this, to render service to the whole empire at the most critical time, certainly, that it has ever seen. Whether Britain shall continue the head of the greatest empire on earth, or shall return to her original station in the political scale of Europe, depends, perhaps, on the resolutions of the succeeding winter. God send they may be wise and salutary for us all. I shall be glad to hear from you as often as you may be disposed to think of things here. You may be at liberty, I expect, to communicate some things, consistently with your honor and the duties you will owe to a protecting nation. Such a communication among individuals may be mutually beneficial to the contending parties. On this or any future occasion, if I affirm to you any facts, your knowledge of me will enable you to decide on their LIFE OF credibility ; if I hazard opinions on the dispositions of men or other speculative points, you can only know they are my opinions. My best wishes for your felicity at- tend you wherever you go ; and believe me to be, assur- edly, your friend and servant.' ' Philadelphia, Nov. 29, 1775. 'Dear Sir, — * * * * * * It is an immense misfortune to the whole empire, to have a King of such a disposition at such a time. We are told, and every thing proves it true, that he is the bitterest enemy we have. His Minister is able, and that satisfies me, that ignorance or wickedness somewhere, controls him. In an earlier part of this contest, our petitions told him, that from our King there was but one appeal. The ad- monition was despised, and that appeal forced on us. To undo his empire, he has but one truth more to learn : that, after colonies have drawn the sword, there is but one step more they can take. That step is now pressed upon us by the measures adopted, as if they were afraid we would not take it. Believe me, dear Sir, there is not in the British empire a man who more cordially loves a union with Great Britain than I do. But, by the God that made me, I will cease to exist before I yield to a connection on such terms as the British Parliament propose ; and in this, I think I speak the sentiments of America. We want neither inducement nor power to declare and assert a separation. It is will alone which is wanting ; and that is growing apace under the foster- ing hand of our Ring. One bloody campaign will pro- bably decide everlastingly our future course ; I am sorry to find a bloody campaign is decided on. If t)ur winds and waters should not combine to rescue their shores from slavery, and General Howe's reinforcement should arrive in safety, we have hopes he will be inspirited to come out of Boston and take another drubbing ; and we must drub him soundly, before the sceptred tyrant will know we are not mere brutes, to crouch under his hand, and kiss the rod with which he deigns to scourge us. Yours,' i&c. Mr Jefferson was re-elected to Congress in August, 1775, and again in June, '76 ; continuing a member of THOMAS JEFFERSON. 81 that body, without intermission, until he resigned his seat in September, '76. During his absence however, at Philadelphia, he was not inattentive to the affairs of his native state. He maintained a constant correspondence with the patriot leaders in that province, particularly Mr Wythe, and stimulated them, if any stimulus was wanting, to the strongest measures of political enfranchisement. Hav- ing headed the principal movements of a civil character in Virginia, he exercised a preponderating influence in her councils. The dissolution of the regal, and substitution of the popular administration in Virginia, was unattended by a single convulsion. But as yet, no settled form of gov- ernment had been established. There was no constitu- tion, and no distinct executive head. The legislative, judiciary, and executive functions were all lodged in one body — the colonial convention. This was the grand depository of the whole political power of the province. Although confined to his station in congress and op- pressed with the cares of the general administration, Mr Jefferson could not overlook in silence, the dangers to be apprehended from so jarring a combination of funda- mental powers in the political establishment of Virginia ; and he exerted his influence to procure a more perfect organization, at the meeting of the next convention. The Convention assembled at Williamsburg on the 6th of May, 1776, when the vices of the existing system were removed by the adoption of a Declaration op Rights and a Constitution, which have continued without alteration from that day until the convention of 1829. The subject was brought forward on the 15th of May, by colonel Archibald Cary, who moved the ap- pointment of a committee ' to prepare a declaration of rights and plan of government, to maintain peace and order in the colony, and secure substantial and equal liberty to the people.' Whereupon a committee of 8 82 LIFE OP thirty-four persons was appointed, consisting of the wisest heads and firmest hearts of Virginia ; of whom, that veteran republican, George Mason, was one. The question now arises, which has been so often agitated — What particular agency, if any, had Mr Jefferson in the formation of the Virginia Constitution 1 He was distant from the scene of the Convention, and immersed in the complicated duties of his official station. This question has within a few years been put to rest by Mr Girardin, in his Continuation of Burke's History of Virginia. This gentleman had free access to Mr Jeffer- son's papers while compiling his history, and has pre- sented the matter in a clear light. It appears that the entire Preamble, and some portions of the body of the instrument, are the production of Mr Jefferson ; but the bulk of the constitution, including the Declaration of Rights, is the work of George Mason. Eager in the great work of political reformation, the former had composed at Philadelphia, and transmitted to his friend Mr Wythe, the draught of an entire plan of government, comprehending a preamble, declaration of rights, and constitution. But his plan was not receiv- ed until a previous one had gone through a committee of the whole, and been submitted to the convention for their final sanction. It was then too late to adopt it entire. * Mr Jefferson's valuable communication,' says Mr Girardin, ' reached the convention just at the mo- ment when the plan originally drawn up by colonel George Mason, and afterwards discussed and amended, was to receive the final sanction of that venerable body. It was now too late to retrace previous steps ; the ses- sion had already been uncommonly laborious ; and con- siderations of personal delicacy hindered those, to whom Mr Jefferson's ideas were imparted, from proposing or urging new alterations. Two or three parts of his plan, and the whole of his preamble, however, were adopted ; and to this circumstance must be ascribed the strong THOMAS JEFFERSON. 83 similitude between the Preamble, and the Declaration of Independence subsequently issued by the Continental Congress, both having been traced by the same pen.' In the Life of Patrick Henry, it is also stated : ' There now exists among the archives of this State, an original rough draught of a Constitution for Virginia, in the hand-writing of Mr JefFersoUf containing this identical preamble. The body of the constitution had been adopted by the committee of the whole, before the arrival of Mr Jefferson's plan : his preamble, however, was pre- fixed to the instrument ; and some of the modifications proposed by him, introduced into the body of it.' The constitution was adopted unanimously, on the 29th of June, 1776 ; and to that date may be referred the first establishment of self-government, by a written compact, in the western continent, and probably in the whole world. It formed the model for all the other States, as they successively recovered themselves from the parent monarchy. The example of Virginia was soon followed by other provinces, and the popular ad- ministrations succeeded to the regal with astonishing rapidity. The following paragraph in a letter to Major John Cartwright, in 1824, will suffice to show the general light in which Mr Jefferson viewed the first republican char- ter, as well as the extent to which he carried his dem- ocratic theory, in 1776. ' Virginia, of which I am myself a native and resident, was not only the first of the States, but, I believe I may say, the first of the nations of the earth, wMch assem- bled its wise men peaceably together, to form a funda- mental constitution, to commit it to writing, and place it among their archives, where every one should be free to appeal to its text. But this act was very imperfect. The other States,^ as they proceeded successfully to the same work, made successive improvements ; and several of them, still further corrected by experience, have, by conventions, still further amended their first forms. My 84 LIFE OF own State has gone on so far with its 'premiere ebauche ; but it is now proposing to call a convention for amend- ment. Among the other improvements, I hope they will adopt the subdivision of our counties into wards. The former may be estimated at an average of twenty-four miles square ; the latter should be about six miles square each, and would answer to the hundreds of your Saxon Alfred. In each of these might be, 1. An elementary school. 2. A company of militia, with its officers. 3. A justice of the peace and constable. 4. Each ward should take care of their own poor. 5. Their own roads. 6. Their own police. 7. Elect within themselves one or more jurors to attend the courts of justice. And, 8. Give in at their Folk-house, their votes for all function- aries reserved to their election. Each ward would thus be a small republic within itself, and every man in the State would thus become an acting member of the com- mon government, transacting in person a great portion of its rights and duties, subordinate indeed, yet impor- tant and entirely within his competence. The wit of man cannot devise a more solid basis for a free, durable, and well-administered Republic' This was the remarkable extent to which Mr Jeffer- son carried his theory of popular government at the first * leap.' That he had imbibed these doctrines so early as '76, is evident ; for in his celebrated Revisal of the Laws of Virginia, commenced in the autumn of that year, he introduced a proposition for dividing the whole State into wards of six miles square, and for imparting to each, those identical portions of self-government above described. This Convention aspired to a higher agency m direct- ing the course of the Revolution. The same hour which gave birth to the proposition for establishing the new government, was signalized by the adoption of a recom- mendation, which pointed directly to the grand object of the struo'ole. The resolution containing it, was conceiv- ed in the following terms ; ' Resolved, unanimously ^ That the Delegates appoint- THOMAS JEFFERSON. 85 ed to represent this Colony in General Congress, be in- structed to propose to that respectable body, to declare THK United Colonies free and independent States, absolved from all allegiance to, or dependancc upon, the Crown or Parliament of Great Britain ; and that they give the assent of this Colony to such declaration, and to whatever measures may be tbought proper and neces- sary by the Congress, for forming foreign alliances, and a confederation of the Colonies, at such time, and in the manner, as to them shall seem best. Provided, that the power of forming government for, and the regulation of, the internal concerns of each Colony, be left to the respective Colonial Legislatures.' The intelligence of this denouement was received with a general feeling of approbation throughout the coun- try, and in many places with demonstrations of joy. It was the signal for corresponding manifestations in most of the provincial Legislatures, and in the course of a short period, a great majority of the Representatives in Congress were instructed to the same effect. At this moment, the author of ' Common Sense' light- ed his liercest torch. The efforts of this unrivalled pro- pagandist, were powerfully reinforced by those solid ap- peals to the reason and conscience, which were pro- pounded to individual characters of weight in different sections, through the dignified medium of private cor- respondence. This was the great political lever of Mr Jefferson. These active moral causes, mingling in con- fluence, poured a steady stream of excitement into the popular mind. The brilliant success of the American arms, in several important engagements, strengthened the general feeling. In Congress also, at this period (May '76) correspond- ing advances had been made in political sentiment. The doctrines of Mr Jefferson were now clearly in the ascendant. It was no longer heresy to maintain the sovereignty of the people, and the co-ordinate sove- reignty of the States with Great Britain in all matters 8* 86 LIFE OP of government, external as well as internal ; at least, it was not so in practice, however it may have been in the abstract. The revolutionary party were predominant. A powerful minority, however, still existed, who clung with filial reverence to the supposed ties which bound them in conscience and honor to the parent government. But happily, this party were terribly shaken in their faith •by a recent act of Parliament, which declared the Col- onies in a state of rebellion, and out of the protection of the British Crown. They reasoned from this, that as protection and dependance were reciprocal, the one hav- ing ceased, the other might also ; and that therefore, Great Britain herself had actually declared them inde- pendent ! This was a sound conclusion ; and who can sufficiently admire the stupendous folly of the British Parliament 1 Still, however, cautious approaches to the last extremities were requisite to preserve the general assent of the people. A preparatory step was accordingly taken by the pa- triots, which discovered great address. A resolution was proposed, declaring that ' whereas the government of Great Britain had excluded the United Colonies from the protectio7i of the Croion^ it was therefore irreconcilable to reason and good conscience, for the people to con- tinue their allegiance to the government under that crown ; and they accordingly recommended the several colonies to establish independent governinents of their own.'' This resolution was adopted on the loth of May ; and by a remarkable coincidence the Convention of Virginia had, on the same day, adopted the resolution appointing a committee to prepare a declaration of rights and plan of government for that colony. It is said that Mr Jef- ferson^ being constantly apprised of the progress of the Convention, promoted this singular concurrence of pa- rallel results with a view to popular effect. Be this as it may, he was an ardent supporter of the measure in con- gress ; regarding it as the entering wedge to the grand THOMAS JEFFERSON. 87 proposition which he throbbed with impatience to see carried. On the 28th of May, upon motion of Mr Jefferson, congress resolved ' that an animated address be pubUsh- ed, to impress the minds of the people with the necessi- ty of now stepping forward to save their country, their freedom, and their property.' Being appointed chair- man of the committee upon this resolution, he prepared the address ; and an animated one it was ; conceived in his happiest manner, with a power of expression and of argument, which carried conviction and courage to the breast of every man. This was another ingenious stroke of policy, designed to prepare the popular mind for a favorable reception of the momentous decision in reserve. The plot of the drama now began to thicken. The delegates from Virginia received their instructions early in June, and immediately held a conference to devise suitable means for their due execution. Richard H. Lee, being the oldest in the delegation, and endowed with extraordinary powers of eloquence, was designated to make the introductory motion, and the seventh of June was ordered as the day. Accordingly, on that day he rose from his seat and moved that congress should declare, ' That these United Colonies are, and of right ought to be,/>'cc and indei)endent States ; that they are ab- solved from all allegiance 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 deferred till the next day, when the members were ordered to attend punctually at ten o'clock. Saturday, June 8th, Congress proceeded to take the subject into consideration, and referred it to a Commit- 88 LIFE OF tee of the Whole, into which they immediately resolved themselves, and passed that day and Monday, the 10th, in warm and vehement debates. The conflict was painful. The grounds of opposition to the measure affected its expediency as to time, rather than its absolute propriety, and were strenuously urged by Dickinson and Wilson of Pennsylvania, Robert R. Livingston of New-York, Edward Rutledge of South Carolina, and some others. The leading advocates of the immediate declaration of independence were Mr Jefferson, John and Samuel Adams, Lee, Wythe, and some others. The heads only of the arguments de- livered on this interesting occasion, have been preserved — by one man alone, Mr Jefferson, and they owe their first disclosure to the world, to his posthumous publica- tion.* The tehor of the debate indicated such a strength of opposition to the measure, that it was deemed impolitic to press it at this time. The Colonies of New- York, New-Jersey, Pennsylvania, Delaware, Maryland, and South Carolina, were not yet matured for falling from the parent stem, but as they were fast advancing to that state, it was thought most prudent to wait awhile for them. The final decision of the question was therefore postponed to the 1st of July. But, that this might occa- sion as little delay as possible, it was ordered that a committee be appointed to prepare a Declaration of Independence, in accordance with the motion. Mr Jef- ferson having the highest number of votes, was placed at the head of this Committee ; the other members were John Adams, Dr Franklin, Roger Sherman, and Robert R. Livingston. The Committee met, and unanimously solicited Mr Jefferson to prepare the draught of the De- claration alone. He drew it ; but before submitting it to the Committee, he communicated it separately to Dr * See Vol. I, JefFerson's Works. THOMAS JEFFERSON. 89 Franklin and Mr Adams, with a view to avail himself of the benefit of their criticisms. They criticised it, and suggested two or three alterations, merely verbal, intend- ed to soften somewhat the original phraseology. The Committee unanimously approved it ; and on Friday, the 28th of June, he reported it to Congress, when it was read and ordered to lie on the table. On Monday the first of July, agreeably to assignment, the House resolved itself into a committee of the whole, and resumed the consideration of the preliminary motion. It was debated again through the day, and finally carri- ed in the afiirmative by the votes of New-Hampshire Connecticut, Massachusetts, Rhode-Island, New-Jersey, Maryland, Virginia, North CaroHna 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 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 granted them. In this state of things, the Committee rose and reported their resolution to the House. Mr Edward Rutledge, of South Carolina, then requested that the decision 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 unanimi- ty. The ultimate decision by the House was according- ly postponed to the next day, July 2d, 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 counties, and turned the vote of that Colo- ny in favor of the resolution. Members of a difi"erent sentiment attending that morning from Pennsylvania, 90 LIFE OF her vote also was changed ; so that the whole twelve Colonies, who were authorised to vote at all, gave their voice for it ; and within a few days, July 9th, the Con- vention of New-York approved of it, and thus supplied the void occasioned by the withdrawal of her Delegates from the question. It should be observed that these fluctuations and the final vote were upon the original motion^ to declare the Colonies independent. Congress proceeded the same day, July 2d, to consider the Declaration of Independence, which had been report- ed the 28th of June, and ordered to lie on the table. The debates were again renewed with great violence — greater than before. Tremendous was the ordeal through which the title-deed of our liberties, perfect as it had issued from the hands of its artificer, was destined to pass. Inch by inch, was its progress through the House disputed. Every dictum of peculiar political force, and alml^t every expression was made a subject of ac- rimonious animadversion by the anti-revolutionists. On the other hand, the champions of Independence con- tended with the constancy of martyrs, for every tenet and every word of the precious gospel of their faith. Among the latter class, the Author of the Declaration himself has assigned to John Adams the station of pre- eminence. Thirty-seven years afterwards, he declared that ' Mr Adams was the pillar of its support on the floor of Congress, its ablest advocate and defender against the multifarious assaults it encountered.' At another time, he said 'John Adams was our Colossus on the floor. Not graceful, not elegant, not always fluent in his public addresses, he yet came out with a power, both of thought and of expression, which moved us from our seats.' The debates were continued with unremitting heat through the 2d, 3d, and 4th days of July, till on the evening of the last the most important day perhaps, politically speaking, that the world ever saw — they were THOMAS JEFFERSON. 91 brought to a close. The principle of unanimity finally prevailed; reciprocal concessions, sufficient to unite all on the solid ground of the main purpose, were made. In the generous spirit of compromise, however, some of the most splendid specifications in the American Char- ter were surrendered. On some of these it is well known the author himself set the highest value, as recognizing principles to which he was enthusiastically partial, and which were almost peculiar to him. His scorching malediction against the traffickers in human blood, stood conspicuously among the latter. The light in which he viewed these depredations upon the original, may be gathered from the following memorandum of the trans- action ; in which too, he betrays a fact in relation to New England, that is not generally known. * The pusillanimous idea that we had friends in Eng- land worth keeping terms with, still haunted the minds of many. For this reason, those passages which con- veyed censures on the people of England, were struck out, lest they should give them offence. The clause too, reprobating the enslaving the inhabitants of Africa, was struck out, in complaisance to South Carolina and Georgia, who had never attempted to restrain the im- portation of slaves, and who, on the contrary, still wish- ed to continue it. Our northern brethren also, I believe, felt a little tender under those censures ; for though the people had very few slaves themselves, yet they had been pretty considerable carriers of them to others.'' For the purpose of comparing the original, with the amended form, the Declaration shall be presented as it came from the hands of the author. The parts strick- en out by Congress are printed in italics, and inclosed in brackets ; and those inserted by them are placed in the margin. The sentiments of men are known by what they reject, as well as by what they receive, and the comparison in the present case, will demonstrate the singular forwardness of one mind on certain great prin- ciples of Political Science. 92 LIFE OF A Declaration by the Representatives of the United States of America, in General Congress assembled. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them vrith another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions 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 their Creator with [inherent certain 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 be- comes destructive of these ends, it is the right of a people to alter or abolish it, and to institute a new government, laying its foun- dation on such principles, and organizing its powers in such form, as to them shall seem most likely /to effect their safety and happi- ness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and accordingly all experience hath shown that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations \hegiin at a distinguisJied pe- riod andl pursuing invariably the same ob- ject, evinces a design to reduce 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. THOMAS JEFFERSON. 93 Such has been the patient sufFerance of the Colonies ; and such is now the necessity which constrains them to [expunge] , their alter former systems of government. The his- tory of the present King of Great Britain is a history of [unremitting] injuries and usur- repeated patio ns, [among which appears no solitary fact to contradict the uniform tenor of the rest, but all have] in direct object the establishment of all having an absolute tyranny over these States. 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 wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained ; and, when so sus- pended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative Houses re- peatedly [and continually] for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time after such dissolutions to cause others to be elected, whereby the legislative powers, incapable of annihilation, have returned to the people at large for tlieir exercise, the State remaining, m the mean time, exposed to all the dangers 9 ^ 94 LIFE OF of invasion from without and convulsions within. He has endeavored to prevent the popula- tion of these States ; for that purpose ob- structing the laws for naturalization of for- eigners, refusing to pass others to encourage their migrations hither, and raising the con- ditions of new appropriations of lands, obstructed He has l^suffered] the administration of justice \totally to cease in some of these by States'\ refusing his assent to laws for esta- blishing judiciary powers. He has made \our'^ judges dependant 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, \hy a self assumed 'power'\ and sent hither swarms of new officers to harass our people, and eat out their substance. 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 in- dependent of, and superior to, the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitutions and unacknowledged 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 all parts of the world ; for imposing taxes on us without our consent ; for depriving us in many [ ] of the benefits of trial by jury ; for trans- cases porting us beyond seas to be tried for pre- tended offences ; for abolishing the free sys- tem of English laws in a neighboring Pro- vince, establishing therein an arbitrary gov- ernment, and enlarging its boundaries, so as THOMAS JEFFERSON. 95 to render it at once an example and fit in- strument for introducing the same absolute rule into these [s^«^es] ; for taking away our colonies charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments ; for suspending our own legis- latures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here \witli- by declaring drawing his governors, and declaring us out o/us out of his his allegiance and protection^ protection tr I 1 J J 1 and wafi^inff He has plundered our seas, ravaged our ^^^ against coasts, burnt our towns, and destroyed the us lives of our people. He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny already be- gun with circumstances of cruelty and per- fidy [] unworthy the head of a civilized scarcely par- nation, alleledinthe TT 1 • 1 f n '^- most barbar- He has constrained our tellow-citizens Q^g ^^^^ ^.^^ taken captive on the high seas to bear arms totally against their country, to become the execu- tioners of their friends and brethren, or to fall themselves by their hands. He has [ ] endeavored to bring on the in- excited do- habitants of our frontiers the merciless In- "^^^tic msur- rGCtions dian Savages, whose known rule of warfare amonff us is an undistinguished destruction of all ages, and has sexes and conditions [^of existence.~\ [He has incited treasonable insurrections of our fellow- citizens, with the allurements of for- feiture and confiscation of our property. He has urged cruel war against human na- ture itself, violating its most sacred rights of life and liberty in the persons of a distant peo- ple who never offended him, captivating and carrying them into slavery in another hemi- sphere, or to incur miserable death in their transportation thither. This piratical ivar- fare, the opprobrium of infidel powers^ is th^ 96 LIFE OF warfare of the christian hing of Great Brit- ain. Determined to keep open a market where MEN should he bought and sold, he has prosti- tuted his negative for suppressing every legis- lative attempt to prohibit or to restrain this ex- ecrable commerce. And that this assemblage of horrors might 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 ivhich he has deprived them, by murdering the people on whom he also obtruded them : thus paying off former crimes committed against the LIBERTIES of ojic pcoplc with crimcs which he urges them to commit against the lives of an- other.'\ In every stage of these oppressions we have petitioned for redress in the most hum- ble 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 free unfit to be the ruler of a [ ] people [who mean to be free. Future ages will scarcely believe that the hardiness of one man adventur- ed, ivithin the short compass of twelve years only, to lay a foundation so broad and so undisguised for tyranny over a people fos- tered and fixed in principles of freedom.']^ Nor have we been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legis- an unwar- lature to extend [a] jurisdiction over [these rantable our states.l We have reminded them of the us circumstances of our emigration and settle- ment here [no one of which could warrant so strange a pretension : that these were effected at the expense of our oion blood and treasure, unassisted by the wealth or the strength of Great Britain : that in constituting indeed our several forms of government, we had adopted one common king, thereby laying a foundation for perpetual league and amity with them : hut THOMAS JEFFERSON. 97 that submission to their parliament was no part of our constitution, nor ever in idea, if history may he credited: and,] we [ ] appealed to Have their native justice and magnanimity [as wetland we have as to] the ties of our common kindred to dis- conjured avow these usurpations which [were likely to] ^^^^ ^7 interrupt our connection and correspond- would inevit- ence. They too have been deaf to the voice ^^^^ of justice and of consanguinity, [and when occasions have been given them, by the regular course of their laws, of removing from their councils the disturbers of our harmony, they have, by their free election, re-established them inpoiver. At this very time too, they are per- mitting their chief magistrate to send over not only soldiers of our common blood, but Scotch and foreign mercenaries to invade and destroy us. These facts have given the last stab to agonizing affection, and manly spirit bids us to renounce for ever 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 communication 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 We must will tread it apart from them, and] acquiesce therefore in the necessity which denounces our [eter- nal] separation [ ] ! and hold them as we hold the rest of mankind, enemies in war, in peace, friends. We, therefore, the representatives of the United States of America in appealing to the supreme General Congress assembled, [ ] doJ"'*^^ ^f, ^^^ ^o'"^^ f^^ in the name? and by the authority Mentions ' '"' '"" of the good people of these [states ^^^^^-^^^ ,^j,^^l ^^^ reject ana renounce alt allegiance and lish and declare, that 9* 98 LIFE OF these united colonies are, subjection to the kings of Great Brit- and of right ought to ^^^ ^^^ ^jj others who may hereafter %11\1b^, that they^are lb- ^^^«"^ %' through, or under them ; we solved' from all alle- utterly dissolve all political connec- giance to the British tion which may heretofore have sub' crown, and that all po- gjgigf^ between us and the people or twernthemSXestate>«^^««w^«^^ «/ ^^««^ Britain: and of Great Britain is, and Jinally we do assert and declare these ought to be, totally dis- colonies to be free and independent ^^^^^^i states,] and that as free and inde- pendent states, they have full power to levy war, conclude peace, con- tract alliances, establish commerce, and do all other acts and things which independent states may of right do. And for the support of this decla- with a firm reliance on ration, [ ] we mutually pledge to the protection of divine each other our lives, our fortunes, providence, and our sacred honor. The world has long since passed judgment upon the relative merits of these two forms of the American Declaration, and awarded the meed of pre-eminence to the primitive one. The amendments obliterated some of its best and brightest features ; impaired the beauty and force of others ; and softened the general tone of the whole instrument. The Declaration thus amended in committee of the whole, was reported to the House on the 4th of July, agreed to, and signed by every member present except Mr Dickinson. On the 19th of July it was ordered to be engrossed on parchment ; and on the 2d of August, the engrossed copy, after being compared at the table with the original, was ordered to be signed by every member. On the same day that Independence was declared, Mr Jefferson was appointed one of a committee of three, to devise an appropriate Coat of Arms for the republic of the 'United States of America.' The Declaration was received by the people with un- THOMAS JEFFERSON. 99 bounded admiration and joy. On the 8th of July it was promulgated with great solemnity, at Philadelphia, and saluted by the assembled multitude with peals on peals of acclamation. On the 11th it was published in New York, and proclaimed before the American Army, then assembled in the vicinity, with all the pomp and circum- stance of a military pageant. It was received with ex- ultation by the collected chivalry of the Revolution. They filled the air with their shouts, and shook the earth with the thunders of their artillery. In Boston, the popular transports were unparalleled. The national manifesto was proclaimed from the balcony of the capi- tol, in the presence of all the authorities, civil and mili- tary, and of an innumerable concourse of people. An immense banquet was prepared, at which the authori- ties and all the principal citizens attended, and drank toasts expressive of enthusiastic veneration for liberty, and of detestation of tyrants. The rejoicings were con- tinued through the night, and every ensign of royalty that adorned either the public or private edifice, was demolished before morning. Similar demonstrations of patriotic enthusiasm attend- ed the reception of the Declaration in all the cities and chief towns of the continent. In Virginia, the annunciation was greeted with graver tokens of public felicitation. The convention decreed that the name of the King should be expunged from the liturgy of the established religion. All the remaining emblems of royal authority were superseded by appro- priate representations of the new order of things. A new cbat of arms for the commonwealth was immedi- ately ordered. The author of the Declaration himself was not un- conscious of the amazing consequences which would flow from it, when thus ushered before the world as the simultaneous fiat of the whole people. On the contrary, they formed the theme of his constant reflection and 100 LIFE OF of his proudest prognostications. The emancipation of the whole family of nations, as the ultimate result, was the immovable conviction of his mind. It was in unison with the reveries of his early youth ; and experience but confirmed him in the animating presentiment. Stir- ring effusions upon this topic abound in his private mem- oranda, and in his familiar correspondence with friends. Speaking of the French Revolution as the first link in the chain of great consequences, he says, in his notes upon that ill-starred drama : ' As yet, we are but in the first chapter of its history. The appeal to the rights of man, which had been made in the United States, was taken up by France, first of the European nations. From her the spirit has spread over those of the South. The tyrants of the North have allied indeed against it; but it is' irresistible. Their op- position will only multiply its millions of human victims; their own satellites will catch it, and the condition of man will be finally and greatly meliorated. This is a wonderful instance of great events from small causes. So inscrutable is the arrangement of causes and conse- quences in this world, that a two-penny duty on tea, un- justly imposed in a sequestered part of it, changes the condition of all its inhabitants.' Again, in a letter to John Adams, in 1823, the kind- ling prophecy is pursued. ' The generation which commences a revolution rare- ly completes it. Habituated from their infancy to passive submission of body and mind to their kings and priests, they are not qualified, when called on, to think and pro- vide for themselves; and their inexperience, their ignor- ance and bigotry, make them instruments often, in the hands of the Bonapartes and Iturbides, to defeat their own rights and purposes. This is the present situation of Europe and Spanish America. But it is not desper- ate. The light which has been shed on mankind by the art of printing, has eminently changed the condition of the world. As yet, that light has dawned on the mid- dling classes only of the men in Europe. The kings THOMAS JEFFERSON. 101 and the rabble, of equal ignorance, have not yet receiv- ed its rays ; but it continues to spread, and wliile print- ing is preserved, it can no more recede than the sun re- turn on his course. A first attempt to recover the right of self-government may fail, so may a second, a third, &c. But as a younger and more instructed race comes on, the sentiment becomes more and more intuitive, and a fourth, a fifth, or some subsequent one of the ever-renewed attempts will ultimately succeed. In France, the first effort was defeated by Robespierre, the second by Bonaparte, the third by Louis XVIII, and his holy allies; another is yet to come, and all Europe, Russia excepted, has caught the spirit ; and all will at- tain representative government, more or less perfect. This is now well understood to be a necessary check on Kings, whom they will probably think it more prudent to chain and tame, than to exterminate. To attain all this, however, rivers of blood must yet flow, and years of desolation pass over; yet the object is worth rivers of blood, and years of desolation. For what inheritance so valuable, can man leave to his posterity 1 The spirit of the Spaniard, and his deadly and eternal hatred to a Frenchman, give me much confidence that he will never submit, but finally defeat the atrocious violation of the laws of God and man, under which he is suffering; and the wisdom and firmness of the Cortes, afford reason- able hope, that that nation will settle down in a temper- ate representative government, with an executive prop- erly subordinated to that. Portugal, Italy, Prussia, Germany, Greece, will follow suit. You and I shall look down from another world on these glorious achieve- ments to man, which will add to the joys even of heaven.' Such are the ulterior tendencies and probable results of this stupendous act. Enough has already elapsed to demonstrate, that the author was scarcely more hap- py in originating its principles, than in predicting its glorious consequences. The term for which Mr Jefferson had been elected to Congress, expired on the 11th of August, '76 ; and he had communicated to the Convention of Virginia, in 102 LIFE OF June preceding, his intention to decline are-appoint- ment. But his excuses were overruled by that body, and he was unanimously re-elected. On receiving intel- ligence of the result, gratifying as it evidently was, he addressed a second letter to the chairman of the Con- vention, in which he adhered to his original resolution, — as follows : *I am sorry the situation of my domestic affairs renders it indispensably necessary, that I should solicit the substi- tution of some other person here, in my room. The deli- cacy of the House will not require me to enter minutely into the private causes which render this necessary. I trust they will be satisfied I would not have urged it again, were it not unavoidable. I shall with cheerful- ness continue in duty here till the expiration of our year, by which time I hope it will be convenient for my suc- cessor to attend.' He continued in Congress until the 2d of September following, when his successor having arrived, he resign- ed his seat and returned to Virginia. Thus closed the extraordinary career of Mr Jefferson in the Continental Congress. His actual attendance in that renowned Legislature, had been only about nine months ; and yet he had succeeded in impressing his character, in distinct and legible traces, upon the whole. The result is remarkable when considered in connection with his immature age. He had at this time attained only his thirty-third year, and was the youngest man but one in the session of '76. We have been restrained by our design, to the capital and distinguishing points in his course. The minor features of his service, while engaged in conducting the general administration, were proportioned to the same standard; but they are shorn of all interest by the overshadowing importance of his labors in the cause of the Revolution. In the multiplied transactions of a subordinate character which engaged the attention of THOMAS JEFFERSON. 103 the House, he sustained a corresponding reputation. To estimate the extent of his labors, it is only necessary to turn over the journals of Congress. In constituting the committees of importance it was the policy, in gen- eral, to put Virginia at the head ; and the effect of this policy was to throw him into the situation of chairman, unusually often. No member probably served on more committees, or executed a greater amount of business, in proportion to his term of service, than he did. The union of great practical ability, with uncommon theo- retical acuteness, is an anonaaly in the constitution of man. It is proverbial however, that he displayed a promptitude no less remarkable in the ordinary details of legislation, than in the high concerns of an abstract and metaphysical nature, which were committed to him. The retirement of Mr Jefferson from a stage of ac- tion on which he had performed so much, in the zenith of human popularity, and at the first crisis of Inde- pendence, may appear unaccountable, with the lights al- ready in the possession of the reader. The motives as- signed by him, seem clearly disproportioned to the act, reasoning from all analogy applicable to the human cha- racter at large ; and compel us to resort to more com- petent sources of information, for a satisfactory solution of the mystery. The real and controlling motive of his resignation, but which his modesty would not permit him to urge to the Convention, is found inserted among his private ' Memoranda.' It is alike curious and hon- orable. He says : ' The new government (in Virginia) was now organized ; a meeting of the Legislature was to be held in October, and I had been elected a mem- ber by my county. / knew that our legislation, under the regal government, had many very vicious points which urgently required reformation ; and I thought I could be of more use in forwarding that work. I therefore retired from my seat in Congress,' &>c. The whole secret of the transaction is here unveiled, 104 LIFE OP and is singularly in unison with the reigning attribute of his character. Those who recollect the irrepressible anxiety which he felt for Virginia, while in the crisis of her transition from the monarchical to the republican state, and the severe requisition which he made upon his own industry to secure the greatest practicable measure of freedom and liberality there, will be impressed with the admirable steadiness of purpose which influenced his present determination. The nevv government in the first province of free empire, was now fairly put in mo- tion ; and he felt an invincible desire to participate in the measures of the first republican Legislature under it. Every thing, he conceived, depended upon the stamp of political integrity that should be impressed upon the new institutions of a State government, which was to set the example in the career of republican legislation, and which constituted so influential a member of the incipient confederacy. The principles of her present code were incompatible with the enjoyment of any con- siderable benefits under the change of administration, and required a fundamental revision, and reduction to a consistent standard. The English common law, with its odious and despotic refinements of feudal origin, was in full force ; many of the British statutes, of the most obnoxious character, still existed ; whilst the Virginian statutes themselves were scarcely less aristocratic, and hostile to well-regulated liberty; presenting together, an unwieldy and vicious mass of legislation, civil and religious, which, to the mind of the political reformer, presented stronger attractions than the scene in which he had just been distinguished by his labors. To have descended from an eminence in congress which placed him near the helm of the Revolution, to the subordinate station of representative to the municipal assembly, was an act of magnanimity, of which history furnishes few examples : but he was impressed with the necessity of THOMAS JEFFERSON. 105 carrying into action, the sound principles which he had meditated during the first effort of emancipation ; and now, he thought was a propitious moment to place them on a safe foundation. * The spirit of the times,* he said, » may alter, will alter. Our rulers will become corrupt, our people careless. A single zealot may become a persecutor, and better men be his victims. It can never be too often repeated, that the time for fixing every essential right on a legal basis, is while our rulers are honest, and ourselves unit- ed. From the conclusion of this war we shall be going down hill. It will not then be necessary to resort every moment to the people for support. They will be for- gotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to eflTect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this war, will remain on us long, will be made heavier and heavier, till our rights shall revive or expire in a con- vulsion.* With the special design, therefore, of heading in per- son the great work of political regeneration, which he had sketched for his country and for mankind, he early signified his determination to relinquish his station in the National Councils ; and was immediately thereupon elected to a seat in the Legislature of Virginia. Before following him into that body, however, the order of time requires us to notice a singular mark of distinction conferred on him by Congress. He had been absent from Philadelphia but a few days, before he received the appointment of Commissioner to France, with Dr Franklin, to negotiate treaties of alliance and commerce with that government. Silas Dean, then in France, acting as agent for procuring military supphes and for sounding the dispositions of the government towards us, was joined with them in the commission. The appointment was made on the last day of Septem- 10 106 LIFE 6F ber, 1776. Greater importance was attached to the successful issue of this mission, than to any other that had yet been meditated. The prevailing object of de- claring Independence had been to secure the countenance and assistance of foreign powers ; and towards France, whose friendship and co-operation appeared most like- ly to be obtained, the hopes of the country were undi- videdly directed. If any thing could mark more unequivocally the re- spect of Congress for the abilities of Mr Jefferson by this appointment, it was the fact of their having asso- ciated, a young man of thirty-three, with a venerable philosopher of seventy, then the most distinguished civil character in America. But the same reasons which influenced his retirement from Congress, induced him to decline accepting the foreign station also, as appears by the following letter addressed to the President of Congress. 'Williamsburg, October 11, 1776. ' Honorable Sir, — Your favor of the 30th, together with the resolutions of Congress, of the 26th ultimo, came safe to hand. It would argue great insensibility in me, could I receive with indifference, so confidential an appointment from your body. My thanks are a poor return for the partiality they have been pleased to en- tertain for me. No cares for my own person, nor yet for my private affairs, would have induced one moment's hesitation to accept the charge. But circumstances very peculiar in the situation of my family, such as neither permit me to leave, nor to carry it, compel me to ask leave to decline a service so honorable, and, at the same time, so important to the American cause. The necessity under which I labor, and the conflict I have undergone for three days, during which I could not determine to dismiss your messenger, will, I hope, plead my pardon with Congress ; and I am sure there are too many of that body to whom they may with better hopes confide this charge, to leave them under a moment's difiiculty in making a new choice. I am, sir, with the THOMAS JEFFERSON. 107 most sincere attachment to your honorable body, and the great cause they support, their and your most obe- dient, humble servant. A more adequate and interesting revelation of his motives than is contained in the above letter, is found among his private Memoranda. After repeating the domestic causes already stated, he says : ^ I saw, too, that the laboring oar was really at home, where much was to he done, of the most permanent interest, in new-modelling our governments, and much to defend our fanes and firesides, from the desolations of an invading enemy, pressing on our country in every point. I declined, therefore, and Dr Lee was appointed in my place.' 108 LIFE OF CHAPTER V. Mr Jefferson took his seat in the Legislature of Virginia, on the 7th of October, 1776, the opening day of the session. The first object of reform, which ar- rested his attention, was the Judiciary System ; the or- ganization of which, upon the broad basis of reason and common sense, struck him as a measure of the first importance. Besides being indispensable to meet the external revolution of the government, such a scheme of improvement was eminently calculated to gain popular favor for the new order of things, — which should al- ways be the first object of,the reformer. On the 11th of October, therefore, he obtained leave to bring in a Bill for the establishment of Courts of Jus- tice. The proposition was referred to a committee, of which he was chairman. He drafted the ordinance ; submitted it to the committee, by whom it was approv- ed ; and reported it to the House, where, after passing through the ordinary course, it was adopted with unan- imity. The system proposed by Mr Jefi*erson, was simple in its organization, and highly republican in its spirit. It is retained essentially unaltered in the existing code of Virginia. It established the model for succeeding Legis- latures, in different States, as they successively pro- ceeded to the same duty ; and its main features are ob- servable in the Judiciary Systems of all our State go- vernments at the present day. THOMAS JEFFERSON. 109 It divided the State into counties, and erected three distinct grades of Courts — County, Superior, and Su- preme. The quahty and extent of jurisdiction, pre- scribed to each grade, were similar to the prevaiUng di- visions on that subject in the United States. The trial by jury was guarded with extreme circumspection. In all questions of fact and law combined, the reference to a jury was made imperative in the courts of law ; and the framer of the bill had designed to make it imperative also in the court of chancery ; but the provision was defeated in the House by the introduction of a discre- tionary clause, on motion of Mr Pendleton, a gentleman of high English prejudices. The consequence has been, that no suiter will say to his judge, ' Sir, I distrust you, give me a jury,' juries are rarely, perhaps never, seen in that court, but when ordered by the chancellor of his own accord. On the following day, October 12, he brought forward his celebrated bill for the abolition of the Law of En- tails. This was a cardinal measure, and a bold one for the political semi-barbarism of that age. Nor could a body of men have been easily selected, upon whose sen- sibilities the proposition would have grated with more harshness, than upon the aristocracy of a Virginia As- sembly. The strong lines of discrimination impressed upon the society of Virginia, during the early stages of the settlement, are celebrated in history ; nor has the genius of her republican institutions been successful, as yet, in obliterating those artificial and dissocial distinctions, or in extinguishing the high aristocratical spirit which they engendered. In the earlier times of the colony, when lands were to be obtained for little or nothing, certain provident individuals procured large grants ; and, desirous of founding great families for themselves, settled them on their descendants in fee tail. The transmission of these estates from generation to generation, in the same name, raised up a distinct class 10* 110 LIFE OF of families, who being privileged by law in the per- petuation of their wealth, were thus formed into a Pa- trician order, distinguished by the splendor and luxury of their establishments. This order, having in process of time, engulphed the greater part of the landed pro- perty, and with it, the political power of the province, re- mained stationary, in general, on the grounds of their fore- fathers ; for there was no emigration to the westward in those days. The Irish, who had gotten possession of the valley between the Blue-Ridge and the North Moun- tain, formed a barrier over vrhich none ventured to leap ; and their manners presented no attractions to the opu- lent lowlanders to settle among them* ' In such a state of things,' says Mr Jefferson, ' scarce- ly admitting any change of station, society would settle itself down into several strata, separated by no marked lines, but shading off imperceptibly from top to bottom, nothing disturbing the order of their repose. There were, then, first aristocrats, composed of the great land- holders who had seated themselves below tide water on the main rivers, and lived in a style of luxury and ex- travagance, insupportable by the other inhabitants, and which indeed ended, in several instances, in the ruin of their own fortunes. Next to these Avere what may be called half breeds ; the descendants of the younger sons and daughters of the aristocrats, who inherited the pride of their ancestors without their wealth. Then came the pretenders, men who from vanity or the impulse of grow- ing wealth, or from that enterprize which is natural to talents, sought to detach themselves from the plebeian ranks, to which they properly belonged, and imitated at some distance, the manners and habits of the great. Next to these, were a solid and independent yeomanry, looking askance at those above, yet not venturing to jos- tle them. And last and lowest, afeculum of beings call- ed overseers, the most abject, degraded, unprincipled race ; always cap in hand to the dons who employed them, and furnishing materials for the exercise of their pride, insolence, and spirit of domination.' THOMAS JEFFERSON. Ill By birth and fortune, Mr Jefferson belonged to the aristocracy ; but his intellectual habits made him revolt at the indolence and voluptuousness which marked the lives of that order ; and his political principles attached him, by early and indissoluble sympathies, to the solid and independent yeomanry, * Those who labor in the earth,' he early declared, * are the chosen people of God, if ever he had a chosen people, whose breasts he has made his peculir deposit for substantial and genuine virtue. It is the focus in which he keeps alive that sacred fire, w^hich otherwise might escape from the face of the earth. Corruption of morals in the mass of cultivators, is a phenomenon of which no age nor nation has furnished an example. It is the mark set on those, who, not looking up to heaven, to their own soil and industry, as does the husbandman, for their subsistence, depend for it on the casualties and caprice of customers. Dependence begets subservience and venality, suffocates the germ of virtue, and prepares fit tools for the designs of ambition. This^ the natural progress and consequence of the arts, has sometimes, perhaps, been retarded by accidental circumstances ; but, generally speaking, the proportion, which the ag- gregate of the other classes of citizens bears, in any State, to that of its husbandmen, is the proportion of its unsound to its healthy parts, and is a good enough ba- rometer whereby to measure its degree of corruption.' Impressed with these strong, unsophisticated views, he beheld with an incessant desire of reformation, the anti- republican features which characterized the social state of Virginia. The Law of Entails was the key-stone of this pernicious superstructure. Besides locking up the lands of the Commonwealth in the hands of a fixed no- bility, and thereby discouraging immigration, it legiti- mated the mastery of might over right, and in the most effectual forms. It was a weapon which the law itself superadded to the multitude of natural means, to assist the strong in beating down and trampling upon the weak. It enabled the original and opulent proprietors 112 LIFE OP of the ' Ancient Dominion,' or their descendants, to perpetuate the supremacy of wealth over talents and virtue, and to entail upon society forever, the most dis- astrous corruptions of monarchy. Creditors were de- frauded of their honest debts ; and bona fide purchasers were, in many instances, either deprived of their title altogether, or compelled to resort to courts of justice to substantiate it against innumeruble entails. The aboli- tion of this prerogative, therefore, was rightly deemed by Mr Jefferson a first measure in republicanizing the institutions, manners and customs of his country. ' To annul this privilege,' says he, ' and instead of an aristocracy of wealth, of more harm and danger, than benefit to society, to make an opening for the aristoc- racy of virtue and talent, which nature has wisely pro- vided for the direction of the interests of society, and scattered with equal hand through all its conditions, was deemed essential to a well ordered republic. To effect it, no violence was necessary, no deprivation of natural right, but rather an enlargement of it, by a repeal of the law. For this would authorize the present holder to di- vide the property among his children, equally, as his af- fections were divided; and would place them, by natural generation, on the level of their fellow citizens.' The repeal was resisted, with desperation, by the sturdy and inexorable barons of the Legislature. The opposition was headed by Edmund Pendleton, speaker of the House, a gentleman of great capacity, but zeal- ously attached to ancient establishments. He had been under the protection of the lordly John Robinson, the acknowledged leader of the landed aristocracy for half a century ; and the mantle of his patron had fallen upon himself. His personal influence was great, and his pow- ers as a debater were of a high order. For dexterity of address, fertility of resource, and parliamentary man- agement, he was without a rival. With such a champi- on, some idea may be formed of the character and force THOMAS JEFFERSON. 113 of the opposition. But their resistance was unavailing. Finding they could not overthrow the general principle of the bill, they took their stand on an amendment which they proposed — instead of absolute abolition, to permit the tenant in tail to convey in fee simple, if he chose it : and they were within a few votes of saving so much of the old law. But after a severe contest, the bill finally passed for entire abolition ; and thus, to use the language of the author, was * broken up the hereditary and high- handed aristocracy, which, by accumulating immense masses of property in single lines of family, had divided our country into two distinct orders, of nobles and ple- beians.' The following short preamble introduces the act. * Whereas, the perpetuation of property in certain families, by means of gifts made to them in fee taille, is contrary to good policy, tends to deceive fair traders, who give credit on the visible possession of such estates, discourages the holders thereof from taking care and improving the same, and sometimes does injury to the morals of youth, by rendering them independent of, and disobedient to their parents ; and whereas the former method of docking such estates taille, by special act of Assembly, formed for every particular case, employed very much of the time of the legislature, and the same, as well as the method of defeating such estates when of small value, was burthensome to the public, and also to individuals : * Be it therefore enacted, &c. The next prominent heresy in the political system of Virginia, which encountered the glance of the reformer, was her rehgious establishment. This institution he considered one of the most preposterous and deleterious remnants of the repudiated monarchy ; but his advances on this subject, in all its breadth and bearings, had left the rest of mankind, with few exceptions, far in the rear. The church establishment of Virginia was of the Episcopal order, coeval with its first colonization, and 114 LIFE OF in all respects a scion of the parent hierarchy. The first settlers of the colony were Englishmen, loyal subjects to their king and church ; and the grant of Sir Walter Raleigh contained an express proviso, that their laws ' should not be against the true christian faith, now pro- fessed in the church of England.' They emigrated from the bosom of the mother church, at a point of time when it was flushed with complete victory over the re- ligious of all other persuasions. Possessed, as they be- came, of the powers of making, administering and ex- ecuting the laws, they showed equal intolerance in this colony, with their Presbyterian brethren, who had em- igrated to the northern governments.' As soon as the state of the colony admitted, it was divided into parishes, in each of which was installed a minister of the Angli- can church, endowed with a fixed salary in tobacco, a glebe house and land, with other appendages. To meet these expenses, all the inhabitants of the parish were assessed, whether they were, or were not, members of the established church. The integrity of the institution was guarded by the severest penalties against schismatics. In addition to the common law provisions against heresy, making it a capital oflfence punishable by burning, their own statuary enactments were scarcely less flagitious. Several acts of the Virginia Assembly had made it penal in parents to refuse to have their children baptised ; had prohibited the unlawful assembling of Quakers ; had made it penal for any master of a vessel to bring a Quaker into the State ; had ordered those already there, and such as should come thereafter, to be imprisoned till they should abjure the country ; prescribed a milder punishment for the first and second return, but death for the third ; had inhibited all persons from suffering their meetings in or near their houses, entertaining them individually, or disseminating books which supported their tenets. And so late as 1705, an act of assembly THOMAS JEFFERSON. 115 was passed declaring, if any person, brought up in the christian religion, denied the being of a God, or the Trinity, or asserted there were more Gods than one, or denied the christian religion to be true, or the scriptures to be of divine authority, he was punishable on the first oiFence, by incapacity to hold any office or employment, ecclesiastical, civil, or military ; on the second, by dis- ability to sue, to take any gift or legacy, to be guardian, executor, or administrator, and by three years imprison- ment without bail. Such is an epitome of the religious slavery which ex- isted at this time in Virginia ; and if no executions had taken place, as in New England, it was not owing to the moderation of the church, or spirit of the legislature, as may be inferred from the laws themselves ; but to his- torical circumstances which have not been handed down to us. The convention which sat in May, '76, in their Declaration of Rights, had indeed proclaimed it to be a truth, and a natural right, that the exercise of religion should be free; 'but when they proceeded,' says Mr Jefferson, ' to form on that declaration, the ordinance of government, instead of taking up every principle de- clared in the Bill of Rights, and guarding it by legisla- tive sanction, they passed over that which asserted our religious rights, leaving them as they found them.' The whole catalogue of spiritual oppressions, therefore, was reserved for himself to wipe away; to effect which, was an enterprise of a more desperate character than any he had ever undertaken. The excitement of the revolution was a powerful auxiliary to him; but the state of the country, in general, exhibited the strange phenomenon of a people devoting their lives and for- tunes for the recovery of their civil freedom, and yet cUnging to a mental tyranny tenfold more presumptuous and paralyzing- Other moral causes still more effica- cious, combined with the spirit of the revolution to assist 116 LIFE OF him in the arduous labor of spiritual disenchantment. These causes are summarily stated by himself. * In process of time, however, other sectarisms were introduced, chiefly of the Presbyterian family ; and the established clergy, secure for life in their glebes and sal- aries, adding to these generally, the emoluments of a classical school, found employment enough in their farms and school rooms, for the rest of the week, and devoted Sunday only to the edification of their flock, by service, and a sermon at their parish church. Their other pas- toral functions were little attended to. Against this in- activity, the zeal and industry of sectarian preachers had an open and undisputed field ; and by the time of the revoUition, a majority of the inhabitants had become dissenters from the established church, but were still obliged to pay contributions to support the pastors of the minority. This unrighteous compulsion, to maintain teachers of what they deemed religious errors, was grie- vously felt during the regal government, and without a hope of relief. But the first republican legislature, which met in '76, was crowded with petitions to abolish this spiritual tyranny.' Encouraged by the rising spirit of determination among the dissenters, and relieved from the complicated re- straints which externally barred all improvement under the monarchy, he commenced his attack on the then dominant religion, early in the session — to wit, on the 11th of October. This bold movement, supported by the incessant and well directed appeals of the petition- ers, roused the privileged clergy from their protracted inertness. Counter memorials, accordingly, poured in from every quarter, soliciting a continuance of the ec- clesiastical polity upon principles of justice, wisdom and expediency. They represented that the repeal of the church establishment would be an ex post facto enact- ment, and a violation of the public faith ; that the Epis- copal clergy had entered upon their endowments with the plighted obligation of the government to continue THOMAS JEFFERSON. 117 them therein during life, or good behavior, as a compen- sation for their services ; and that they held them by a tenure as sacred as that by which any man has secured to him his private property ; that the Episcopalians did not mean to encroach on the religious rights of any sect of men, yet they conceived the existing institution, con- secrated by the practice of so many years, as eminently conducive to the peace and happiness of the State ; that much confusion, and probably civil commotions would attend the proposed change ; and finally, that an appeal should be made for the decision of so important a ques- tion, to the sentiments and wishes of the people at large. The petitions, on the other hand, expatiated upon the theme of liberty ; and blended with unanswerable de- monstrations of right and reason, the expostulations of bereaved freemen. The subject was referred to the committee of the whole house on the state of the country, with the multi- tude of appertaining memorials and remonstrances. 'These,' says Mr Jefferson in 1820, 'brought on the severest contests in which I have ever been engaged. Our great opponents were Mr Pendleton and Robert Carter Nicholas; honest men, but zealous churchmen.' The majority of the legislature, unfortunately, were of the same stamp, which forced on Mr Jefferson an alter- ation in the mode of attack. Finding he could not main- tain the ground on which he set out, he varied his po- sition from absolute to partial abolition ; and after vehe- ment contests in the committee, almost daily, from the 11th of October to the 5th of December, he prevailed so far only as to repeal the laws which rendered the maintenance of any religious opinions criminal, the for- bearance of repairing to church, or the exercise of any mode of worship. By the same act also, he secured a provision exempting dissenters from contributions to the support of the established church, and suspending until the next session only, levies on the members of the 11 118 LIFE OF church for the salaries of their own incumbents. But his opponents inserted a declaratory saving, that religious assemblies ought to be regulated, and that provision ought to be made for continuing the succession of the clergy and superintending their conduct. They also succeeded in incorporating an express reservation of the ultimate question, — Whether a general assessment should not be established by law on every one, to support the pastor of his choice ; or whether all should be left to free and voluntary contributions. This question, the last prop of the toUtering hierarchy, reduced the struggle to one of pure principle. The par- ticular object of the dissenters being secured, they de- serted the volunteer champion of their cause, and went over in a body to the advocates of a general assessment. This step showed them incapable of religious liberty up- on an expansive scale, or broader than their own inter- ests as schismatics. The defection of the dissenters, painful as it was, only stimulated his desire for total ab- olition, as it developed more palpably, the evidences of its necessity. He remained unshaken at his post ; and brought on the reserved question, at every session for three years afterwards, during which time, he could only obtain a suspension of the levies from year to year, until the session of '79 when by his unwearied exertions, the question was carried definitively against a general as- sessment, and the establishment of the Anglican church entirely overthrown. Thus was the cause of religious liberty astonishingly advanced. But still the work was incomplete. Statu- tory oppressions were disannulled ; but those which existed at the common law, continued in force ; nor were the advantages already gained, secured by any positive legislative sanction. The proceedings hitherto upon the subject, were of a belligerent character ; and although crowned with success, were regarded by the mover in great part, as an experiment upon public opinion, ' in- THOMAS JEFFERSON. 119 dicative,' as he expressed it, ' of the general pulse of re- formation.' The barrier subsequently erected, in perpetu- al security of the rights of which he procured the recog- nition, forms the conclusion of this impressive drama. We allude to his celebrated Religious Freedom Bill, universally regarded as one of the chief bulwarks of hu- man rights. As it constitutes a part of his general code of revisal, the merits of this bill will be more particular- ly considered, when we come to develope the features of that great and useful labor. The next prominent corruption of the monarchy, which Mr Jefferson regarded as fatally inconsistent with the republican change, was the existence and the practice of slavery. We have already seen him on two occasions, exerting his talents, and raising his voice, in awful ad- monition, against the continuance of this atrocious and wide spread injustice. The result of his former attempt in the Legislature, which was based upon manumission, or the permission to emancipate, had convinced him of the utter impracticability of maintaining that ground ; and of the necessity of attacking the evil in such a mode as should mihtate less diametrically against the interests and prejudices of the reigning population. He took his stand, therefore, upon a proposition to abolish the exe- crable commerce in slaves ; which by stopping importa- tion, would arrest the increase of the evil, and diminish the obstacles to eventual eradication. But the business of the war pressing heavily upon the Legislature, the sub- ject was not acted upon definitively, until the session of '78, when the bill was carried without opposition, and the slave trade triumphantly abolished in Virginia. The importance of this measure, and the grounds upon which the author may contest the merit of priority with the world, in the benevolent enterprise of African emanci- pation, will be more particularly explained at that period of his history. Such were some of the efforts in legislation, with which 130 LIFE OF Mr Jefferson commenced the process of republicanizing the institutions of America, in the first State legislature that was organized after the dissolution of the monarchy. They were all, it will be perceived, of an elementary character, and highly democratic in their object and ten- dency. But still, the interesting work was only begun. The plan originally proposed to himself on determining to leave the floor of Congress, comprehended the re- casting into other republican forms, the anciently estab- lished and generally received basis of civil government. ' So far,' says he, in his brief notes of these transactions, > we were proceeding in the details of reformation only ; selecting points of legislation, prominent in character and principle, urgent, and indicative of the strength of the general pulse of reformation. " When I left congress in '76, it was in the persuasion, that our whole code must be review^ed, adapted to our republican form of government; and now, that we had no negatives of councils, governors and kings to restrain us from doing right, that it should be corrected in all its parts, with a single eye to reason and the good of those for whose government it was framed.' In pursuance of his original design, therefore, he now brought forward a proposition which stands recorded in the statute books of Virginia, in the following terms. « Whereas, on the late change which hath of neces- sity been introduced into the form of government in this country, it is become also necessary to make cor- responding changes in the laws heretofore in force; many of which are inapphcable to the powers of go- vernment as now organized, others are founded on prin- ciples heterogeneous to the republican spirit; others, which long before such change, had been oppressive to the people, could yet never be repealed while the regal power continued ; and others, having taken their origin while our ancestors remained in Britain, are not so v/ell adapted to our present circumstances of time and place ; and it is also necessary to introduce certain other laws, which, though proved by the experience of other States THOMAS JEFFERSON. 121 to be friendly to liberty and the rights of mankind, we have not heretofore been permitted to adopt ; and where- as a work of such magnitude, labor, and difficulty, may not be effected during the short and busy term of a ses- sion of assembly : ' Be it therefore enacted, by the General Assembly of the Commonwealth of Virginia, and it is hereby enacted by the authority of the same, — That a committee, to consist of five persons, shall be appointed by joint bal- lot of both houses, (three of whom to be a quorum,) who shall have full power and authority to revise, alter, amend, repeal, or introduce all or any of the said laws, to form the same into bills, and report them to the next meeting of the General Assembly.' The resolution was passed on the 24th of October, '76, and on the 5th of November, Mr Jefferson, as chairman, was associated in a commission with Edmund Pendleton, (jrlorge Wythe, George Mason and Thomas Ludwell Lee, to execute the contemplated revisal. The commissioners were elected by a joint ballot of both houses ; and the choice resulted in the selection of an assemblage of characters, which united the first order of capacity, intelligence, and legal research, to the rankest revolutionary principles. Suitable provisions were added, to render the execution of a work of such magnitude and difficulty, as easy and expeditious as practicable ; and such was the importance attached to the result of their labors, that the assembly excused Mr Wythe from his attendance in Congress, to secure his undivided co-operation. Having accepted the ar- duous charge, the committee of revisors immediately came to an agreement to meet at Fredericksburg, in January ensuing, to settle the plan of operation and to distribute the work. The foundation was thus laid for the great republican lawgiver to pursue his system of re- form, so auspiciously commenced, in all the latitude of his long cherished and well expressed purpose, — ' with a single eye to reason, and the good of mankind.' 11* 122 LIFE OF In the midst of this brisk action of the republican ad- ministration, an irregularity occurred which, had it been permitted to prevail, would have been a standing evi- dence of the incapacity of man for self-government. The autumn of '76, was one of the most distressing periods of the i evolution. The courage of the country seemed to be breaking down. The fortitude of the Virginia legislature fell for a season ; and in a moment of terror and despondency, the frantic project was se- riously meditated of creating a Dictator, invested with every power, legislative, executive and judiciary, civil and military, of life and of death. The scheme origi- nated with an anti-republican portion of the House, and excited a tempest of altercation, threatening a violent dissolution. A discordancy of political views was im- mediately developed, which before was thought impossi- ble in that legislature. The republican and the mo- narchist stood unveiled, as if by the power of magic, and such was the spirit of mutual hostility, that they walked the streets on different sides. It was on this occasion, that Col, Archibald Cary, mover of the celebra- tated resolutions of Independence, and then Speaker of the Senate, manifested a patriotic sternness which should place him in history by the side of Cato and Brutus.^ Meeting Col. Syme, the step-brother of Patrick Henry, in the lobby of the House during the agitation, he ac- costed him with great fierceness, in the following terms : — ' I am told that your brother wishes to be dictator : tell him from me, that the day of his appointment, shall be the day of his death, — for he shall feel my dagger in his heart, before the sun set of that day.'t The emo- tions excited in the mind of Mr Jefferson, who was * Girardin, p. 192. t Although it was generally supposed that Mr Henry, then go- vernor of the State, was the person in view for the dictatorship, yet there is no evidence that he was implicated in the scheme him- self, or had any knowledge of it. THOMAS jeff1]:rson. 123 eminently instrumental in crushing the parricidal pro- ject, may be inferred from that nervous and able develop- ment of its nature and tendency, which appeared soon after this event. The following is an extract. 'One, who entered into this contest, from a pure love of liberty, and a sense of injured rights, who determined to make every sacrifice, and to meet every danger, for the re-establishment of those rights, on a firm basis, who did not mean to expend his blood and substance, for the wretched purpose of changing this master for that, but to place the powers of governing him, in a plurality of hands of his own choice, so that the corrupt will of no one man, might in future oppress him, must stand con- founded and dismayed, when he is told, that a consider- able portion of that plurality, had meditated the surren- der of them, into a single hand, and in lieu of a limited monarchy, to deliver him over to a despotic one ! How must he find his efforts and sacrifices abused and bafiled, if he may still, by a single vote, be laid prostrate at the feet of one man 1 In God's name, from whence have they derived this power 1 Is it from our ancient laws 1 None such can be produced. Is it from any principle in our new constitution, expressed or implied 1 Every lineament of that, expressed or implied, is in full oppo- sition to it. Its fundamental principle is, that the State shall be governed as a commonwealth. It provides a republican organization, proscribes under the name of prerogative, the exercise of all powers undefined by the laws ; places on this basis, the whole system of our laws ; and by consolidating them together, chooses that they should be left to stand or fall together, never providing for any circumstances, nor admitting that such could arise, wherein either should be suspended ; no, not for a moment. Our ancient laws expressly declare, that those who are but delegates themselves, shall not delegate to others, powers which require judgment and integrity in their exercise. Or was this proposition moved, on a sup- posed right in the movers of abandoning their posts in a moment of distress 1 The same laws forbid the aban- donment of that post, even on ordinary occasions; and 124 LIFE OF much more a transfer of their powers into other hands, and other forms, without consulting the people. They never admit the idea, that these, like sheep or cattle, may be given from hand to hand, without an appeal to their own will. Was it from the necessity of the case ? Necessities which dissolve a government, do not convey its authority to an oligarchy or a monarchy. They throw back, into the hands of the people, the powers they had delegated, and leave them as individuals to shift for themselves. A leader may offer, but not impose himself, nor be imposed on them. Much less can their necks be submitted to his sword, their breath to be held at his will, or caprice. The necessity which should op- erate these tremendous effects, should at least be palpa- ble and irresistible. * * * In this State alone, did there exist so little virtue, that fear was to be fixed in the hearts of the people, to become the motive of their exertions, and the principle of their government ? The very thought alone, was treason against the people ; was treason against mankind in general ; riveting for ever the chains which bow down their necks, by giving to their oppressors a proof, which they would have trump- eted through the universe, of the imbecility of republi- can government, in times of pressing danger, to shield them from harm. Those who assume the right of giv- ing away the reins of government in any case, must be sure that the herd, whom they hand on to the rods and hatchet of the dictator, will lay their heads on the block, when he shall nod to them. But if our assemblies sup- posed such a resignation in the people, I hope they mis- took their character. I am of opinion, that the govern- ment, instead of being braced and invigorated for great- er exertions, under their difficulties, would have been thrown back upon the bungling machinery of county committees for administration, till a convention could have been called, and its wheels again set into regular mo- tion. What a cruel moment was this, for creating such an embarrassment, for putting to the proof, the attach- ment of our countrymen to republican government?' On the 13th of January, 1777, the committee appoint- ed to revise the laws, assembled at Fredericksburg to THOMAS JEFFERSON. 125 settle the general principles of execution, and to dis- tribute the labor. In relation to the first business of the consultation, the primary question was, ' whether they should propose to abolish the whole existing system of laws, and prepare a new and complete Institute, or pre- serve the general system, and only modify it to the pre- sent state of things.' Mr Pendleton, contrary to his usual disposition in favor of ancient things, was for the former proposition, in which he was joined by Mr Lee. To this it was objected by Mr Jefferson, that to abro- gate the whole system would be a bold measure, and probably far beyond the views of the legislature ; that they had beeninthe practice of revising from time to time, the laws of the colony, omitting the expired, the repealed, and the obsolete, amending only tho^e retained, and that they probably now intended to do the same, only inclu- ding the British statutes as well as our own ; that to compose a new institute, like those of Justinian and Bracton, or that of Blackstone, which was the model proposed by Mr Pendleton, would be an arduous under- taking, of vast research, of great consideration and judgment ; and when reduced to a text, from the imper- fection of human language would become a subject of question and chicanery, until settled by repeated adjudi- cations ; that this would involve us for ages in litigation, and render property uncertain, until like the statutes of old, every word had been tried and settled by numerous decisions, and by new volumes of reports and commen- taries ; and, to be systematical, must be the work of one hand. This last was the opinion also of Mr Wythe and Mr Mason, and was consequently adopted as the rule. They then proceeded to the distribution of the la- bor; upon which, Mr Mason excused himself, as, being no lawyer, he felt himself unqualified to participate in the execution of the work. Mr Lee excused himself on the same ground. The whole undertaking conse- quently, devolved on Mr Jefferson, Mr Pendleton, and 126 LIFE OF Mr Wythe, who divided it among themselves in the fol- lowing manner: — The whole common law, and the statutes to the 4th James I — when their separate leg- islature was established — were assigned to Mr Jeffer- son ; the British statutes from that period to the present day, to Mr Wythe ; and the Virginia laws to Mr Pen- dleton. ^ As the law of descents and the criminal law fell within the portion assigned to Mr Jefferson, in both of which he designed to introduce certain fundamental changes, he submitted his intentions to the committee for their approbation. First, with respect to descents, he proposed to abolish the law of primogeniture, and to make real estate heritable in equal partition to the next of kin, as personal property was, by the statute of dis- tribution. Mr Pendleton objected to the plan, and in- sisted upon preserving the right of primogeniture ; but finding he could not maintain the whole, he proposed to give a double portion to the elder son. In reply, Mr Jefferson observed, * that if the elder son could eat twice as much, or do double work, it might be a natural evidence of his right to a double portion ; but being on a par, in his powers and wants, with his brothers and sisters, he should be on a par also in the partition of the patrimony.' The argument was conclusive; and the other members of the committee concurring with him, the principle was adopted. On the subject of the criminal law he proposed as a fundamental rule, that the punishment of death should be abolished in all cases, except for treason and murder. The humanity of this proposition is illustrated by the fact, that at this time the penal code of Great Britain comprehended more than two hundred offences, besides treason and murder, punishable by hanging ; many of which were of so venial a nature as scarcely to deserve punishment. The innovation recommended would sweep from the parent code all its cruel and sanguinary fea- THOMAS JEFFERSON. 127 tures, without impairing its energy, as modern experi- ence has proved, and present an example to mankind of wise and philanthropic legislation, which of itself would be enough to immortalize the revolution. The propo- sition was approved by the committee; and for all felo- nies under treason and murder, it was agreed to substitute in the room of capital punishment, hard labor in the pub- lic works, and in some cases the lex talionis, or law of re- taliation. With the last mentioned substitute, Mr Jeffer- son was dissatisfied, but acquiesced in the decision of the board. ' How this revolting principle,' says he, ' came to obtain our approbation, I do not remember. There remained, indeed, in our laws, a vestige of it, in a single case of a slave. It was the English law, in the time of the Anglo-Saxons, copied probably from the Hebrew law of "an eye for an eye, a tooth for a tooth," and it was the law of several ancient people ; but the modern mind had left it far in the rear of its advances.' Having decided upon these general principles, as the basis of re- vision, they repaired to their respective abodes to accom- plish the magnificent design. During the years 1777 and 8, the anxieties and agita- tions of the war weighed so heavily and constantly upon the legislature, that little attention could be spared to advancing the progress of political reform. Mr Jefferson continued a member, but in obedience to more pressing engagements, suspended in great part the ruling purpose of his mind, and buried himself in the external concerns of revolution. In all the practical details of legislation he contributed his full quota of service ; but they are too voluminous for incorporation into this work. Not a mo- ment was passed unemployed. Every interval which could be safely spared from his duties in the legislature, was devoted to the preparation of the revised code of Virginia, or to a vigilant circumspection of the national affairs. The following letter to Dr Franklin, in Paris, evinces 128 LIFE OP the satisfaction with which he contemplated the esta- blishment of republicanism in his native State, as well as the anxiety and zeal which he carried into every de- partment of the public service. It is the fourth in date of his published correspondence. ' Vu'ginia, August 13, 1777. ' Honorable Sir, — I forbear to write you news, as the time of Mr Shore's departure being uncertain, it might be old before you receive it, and he can, in per- son, possess you of all we have. With respect to the State of Virginia, in particular, the people seem to have laid aside the monarchical, and taken up the republican government, with as much ease as would have attended their throwing oiF an old, and putting on a new suit of clothes. Not a single throe has attended this important transformation. A half dozen aristocratical gentlemen, agonizing under the loss of pre-eminence, have some- times ventured their sarcasms on our political metamor- phosis. They have been thought fitter objects of pity than of punishment. We are at present in the complete and quiet exercise of well organized government, save only that our courts of justice do not open till the fall. I think nothing can bring the security of our continent and its cause into danger, if we can support the credit of our paper. To do that, I apprehend one or two steps must be taken. Either to procure free trade by alliance with some naval power able to protect it ; or, if we find there is no prospect of that, to shut our ports totally to all the world, and turn our colonies into manufactories. The former would be most eligible, because most con- formable to the habits and wishes of our people. Were the British court to return to their senses in time to seize the little advantage which still remains within their reach from this quarter, I judge that, on acknowledging our absolute independence and sovereignty, a commer- cial treaty beneficial to them, and perhaps even a league of mutual oflfence and defence, might, not seeing the expense or consequences of such a measure, be approved by our people, if nothing in the mean time, done on your part, should prevent it. But they will continue to grasp at their desperate sovereignty, till every benefit THOMAS JEFFERSON. 129 short of that is forever out of their reach. I wish my domestic situation had rendered it possible for me to join you in the very honorable charge confided to you. Residence in a polite court, society of literati of the first order, a just cause and an approving God, will add length to a life for which all men pray, and none more than your most obedient and humble servant.' In addition to the military operations which engaged the attention of the legislature, two important transac- tions of a civil character, in both of which Mr Jefferson took the lead, distinguished the autumnal session of 1777. These were, the ratification of the Articles of Confederation and Perpetual Union, proposed by Con- gress on the 17th of November, '76 ; and the adoption of a plan to dispose of the unappropriated lands of Vir- ginia on the western waters, the avails of which were to be applied to the creation of a sinking fund in aid of the taxes, for discharging the public debt. A loan office was established, in which the waste lands were register- ed, and sold from time to time on moderate terms, for the benefit of the State. In the then posture of affairs no measure could have been proposed, more directly and widely beneficial ; it opened an incalculable resource for the support of the public credit. The May session of 1778, also, notwithstanding the exigencies of the war, was distinguished by a civil trans- action, which is intimately connected with the reputation of Mr Jefferson, and the honor of our country, — name- ly the abolition of the Slave Trade. The bill for this purpose was introduced by him in October '76, but was not acted upon finally until the present session, when a more particular illustration of its merits was promised, by a historical comparison of the efforts of other nations. The British empire has claimed the honor of having set the example of the renunciation of this diabolical traf- fic ; and Lord Castlereagh declared in the House of Commons, on the 9th of February, 1818, that on the 12 130 LIFE OP subject of making the slave trade punishable by law, Great Britain had led the way. A slight recurrence to dates will unfold the historical truth on this point. In the year 1791, Mr Wilberforce, who is considered the father of African abolition in England, made his first grand motion to that effect in the house of Commons. After a vehement and protracted debate, in the course of which Mr Fox said, that ' if the house did not, by their vote, mark to all mankind their abhorrence of a practice so savage, so enormous, so repugnant to all laws, human and divine, they would consign their char- acter to eternal infamy,' — the motion was lost by a con- siderable majority. The ensuing year, he renewed his proposition with unabated ardor, and again it was reject- ed by the house. They nevertheless manifested some relaxation in their repugnance to the general principle, by voting a gradual abolition, the same year ; but the House of Lords refused to concur. The same vote was again carried in 1794, in commons, by a very thin house pbut lost with the peers, by a majority of forty- five to four. Similar results attended the indefatigable exertions of the abolitionists, for fourteen years ; and it was not until the 25th of March, 1807, that England consented to renounce the slave trade, by a law which enacted that no vessels should clear out for slaves from any port within the British dominions after the 1st of May, 1807 ; and that no slave should be landed in the colonies after the first of March, 1808^ On the 16th of March, 1792, Denmark promulgated a law, which interdicted the slave trade on the part of Danish sub- jects after the commencement of the year 1803 ; and which prescribed that all importations of slaves into the Danish dominions should cease at the same period. Sweden, who had never authorized the traffic, consent- ed to its prohibition in 1813 ; and the Ring of the Neth- erlands in 1814. In France, Bonaparte interdicted it immediately on his return from Elba, in 1815. In 1816, THOMAS JEFFERSON. 131 Spain stipulated in a treaty with England, to renounce the trade entirely after the 30th of March, 1820, in con- sideration of the sum of four hundred thousand pounds sterling. About the same time also, a treaty was con- cluded by the same power with Portugal, in which she required the period of eight years to complete the work of abolition, together with certain material changes in the commercial relations of the two countries.* From the foregoing statement, it appears, that the honor of having set the example in the magnanimous work of African abolition, belongs clearly and absolute- ly to America. That Virginia was the first sovereign and independent State, herself a slave-holding commu- nity, which renounced the nefarious commerce ; that she preceded Great Britain twenty-nine years, and the other principal slave-dealing powers in Europe, except Den- mark, more than thirty-five years ; and that among the multitude of statesmen and philanthropists, whose prais- es have been deservedly emblazoned for their splendid successes in this species of legislation, the merit of pri- ority and of self-denying patriotism, attaches incontesti- bly to Mr Jefferson. The bill which he submitted to the legislature, and which finally received their sanc- tion, prohibited under heavy penalties, the introduction of any slave into Virginia, by land or by water; and de- clared that every slave imported contrary thereto, should be immediately free ; excepting such as might belong to persons emigrating from the other States, or be claim- ed by discount, devise, or marriage, or be at that time the actual property of any citizen of the commonwealth residing in any other of the United States, or belong to travellers making a transient stay and carrying their slaves away with them. The circumstance ought not to be overlooked, that this important triumph was achiev- ed amid the turbulence and anxiety of revolution ; thus ^ Walsh's Appeal, pp. 320 — 364 132 LIFE OF exhibiting the sublime spectacle of a people legislating for the liberties of another and distant continent, before the recovery of their own. The example was followed by Pennsylvania, Massachusetts, Connecticut and Rhode Island, in the years 1780, '87, '88 ; and in 1794 the Con- gress of the United States interdicted the trade from all the ports of the Union, under severe penalties. The cause of emancipation is a very different subject. The o]3inions and a part of the official labors of Mr Jeffer- son upon that point, have already appeared, or will be seen in due time. In the month of February, 1779, the committee of revisors, having completed their respective tasks, con- vened at Williamsburg to review, approve, and consoli- date them into one report. They came together day after day, and examined critically their several parts, scrutinizing and amending until they had agreed on the whole. They had, in this work, embodied all the com- mon law which it was thought necessary to alter, all the British statutes from Magna Charta to the present day, and all the laws of Virginia from the establishment of their separate legislature to the present time, which they thought should be retained, within the compass of one hundred and twenty-six hills, making a printed folio of ninety pages only. A monument of codification upon the republican model, almost incredible at that period ! The whole of this labor, the major part of which fell to Mr Jefferson, was accomplished at intervals, amidst the occupations and anxieties of the times, within the brief space of two years. In the execution of his part, Mr Jefferson observed a rule in relation to style, which may appear rather odd to the modern draughtsman. In reforming the ancient stat- utes he preserved the diction of the text ; and in all new jiraughts he avoided the introduction of modern techni- calities, and adopted the sample of antiquity ; which, from its greater simplicity, would allow less scope for THOMAS JEFFERSON. 133 the chicanery of the lawyers, and remove from among the people numberless liabilities to litigation. Against the labored phraseology of modern statutes, he has en- tered an amusing protest. ' Their verbosity,' says he, * their endless tautologies, their involutions of case with- in case, and parenthesis vv^ithin parenthesis, and their multiplied efforts at certainty, by saids and aforesaids, by ors and by ands, to make them more plain, laave ren- dered them more perplexed and incomprehensible, not only to common readers, but to the lawyers themselves,' 12-* 134 LIFE OF CHAPTER VI. On the ISth of June, 1779, the committee of revi- sors communicated their report to the general assem- bly, accompanied by a letter to the speaker, signed by Mr Jefferson and Mr Wythe, and authorized by Mr Pendleton. The revised code was not enacted in a mass, as was contemplated. The minds of the legislature were not prepared for so extensive a transition at once, and the violence of the times afforded little leisure for metaphy- sical discussion. Some bills were taken out occasion- ally, from time to time, and passed ; but the main body of the work was not entered upon until after the general peace, in 1785 ; ' when,' says Mr Jeiferson, ' by the un- wearied exertions of Mr Madison, in ojDposition to the endless quibbles, chicaneries, perversions, vexations, and delays of lawyers and demi-lawyers, most of the bills were passed by the legislature, with little alteration.' The distinguished cotemporary, who is represented as having had so important an agency in carrying this code * into operation, has added verbal testimony of the un- common estimate which he put upon its merits. ' It has,' says he, ' been a mine of legislative wealth, and a model of statutory composition, containing not a single super- fluous word, and preferring always words and phrases of a meaning fixed as much as possible by oracular trea- tises, or solemn adjudications.'* * Letter to S. H. Smith, 1827. THOMAS JEFFERSON. 135 In preparing this work, Mr Jefferson improved the opportunity to push his favorite system of reform into every branch of administration. The principal innova- tions which he made upon the established order of things, were the following : 1. The Repeal of the Law of Entails, which, though separately enacted at the first republican session, he in- corporated into the Revised Code. 2. The Abrogation of the right of Primogeniture, and the equal division of inheritances among all the children, or other representatives in equal degree. 3. The Assertion of the right of Expatriation, or a republican definition of the rules whereby aliens may be- come citizens, and citizens make themselves aliens. 4. The Establishment of Religious Freedom upon the broadest foundation. 5. The Emancipation of all Slaves born after the pas- sage of the act, and deportation at a proper age — not carried into effect. 6. The Abolition of Capital Punishment in all cases, except those of treason and murder ; and the gradua- tion of punishments to crimes throughout, upon the prin- ciples of reason and humanity — enacted with amend- ments. 7. The Establishment of a systematical plan of Gen- eral Education, reaching all classes of citizens and adapt- ed to every grade of capacity — not carried into effect. The first of these prominent features of the revisal, has already been considered at sufficient length. The second in the catalogue, holds an eminent rank among the ancient and venerable foundations of repub- licanism. It overturned one of the most arbitrary and unrighteous, among the multiplied institutions, which have been permitted to evict the laws of God and the order of nature from the social systems of mankind. The aristocracy of Virginia opposed the innovation with the usual pertinacity which marked their adherence to 136 LIFE OF the ancient privileges of the order ; but the bill was finally carried, in 1785, and forms the present law of descents in that commonwealth. The law on the subject of expatriation, established the republican doctrine on the much controverted prin- ciple of revolution. The opinions of the author in ref- erence to this question, with the singular discrepancy between them and those of his leading compatriots, have been illustrated in a preceding chapter, by an appeal to the written testimony of that period. Heterodox and presumptuous as his rights of colonization were deemed by the politicians of the first stages of the revolution, the public mind had now approached so nearly to the same point, as to authorize the attempt to establish them upon a legal basis. The bill for this purpose was taken up separately, and carried, on the 26th of June, '79, principally through the exertions of George Mason, into whose hands the author had committed it, on his retiring from the legislature. After stating the conditions of naturalization, and declaring who shall be deemed citi- zens and who aliens, on terms extremely liberal and democratic, the act goes on to prescribe : ' And in order to preserve to the citizens of this commonwealth that natural right, which all men have, of relinquishing the country in which birth or other accident may have thrown them, and seeking subsistence and happiness whereso- ever they may be able, or may hope to find them ; and to declare, unequivocally, what circumstances shall be deemed evidence of an intention in any citizen to exer- cise that right : It is enacted and declared,' &c. Hav- ing defined the necessary circumstances of evidence and the mode of proceeding thereon, the act concludes by giving to all free white inhabitants of other States, ex- cept paupers and fugitives from justice, the same rights, privileges and immunities, as belong to the free citizens of the Commonwealth, and the liberty of free ingress and egress to* and from the same ; reserving, however, THOMAS JEFFERSON. 137 the right and authority of retaining persons guilty, or charged with the commission of any high crim^e or mis- demeanor in another State, and of delivering them over to the authorities of the State from which they fled, upon demand of the governor or executive power of such State. Speaking of this act, in the continuation of Burk's History of Virginia, it is observed : 'Its operation has been superseded by subsequent in- stitutions ; but that philanthropy which opened, in Vir- ginia, an asylum to individuals of any nation not at open war with America, upon their removing to the State to reside, and taking an oath of fidelity ; and that respect tor the natural and social rights of men, which lays no restraints whatever on expatriation, and claims the al- legiance of citizens so long only as they are willing to retain that character, cannot be forgotten. The legis- lators of Virginia well knew, that the strongest hold of a goyeniment on its citizens, is that affection which ra- tional liberty, mild laws, and protecting institutions nev- er tail to produce ; especially, when physical advantages march in front with political blessings, and industry and biht '' ^''^ perennial sources of comfort and respecta- The act for the establishment of Rehgious Freedom IS perhaps the most interesting feature in the revised code. With the exception of the Declaration of Inde- pendence, it is the most celebrated of the author's pro- ductions, and the one to which he recurred with the highest pride and satisfaction. The preamble which ushers in the act, designates, with pecuHar emphasis, the premises upon which the proposition was found- ed. The following is the preamble, with the accom- panying act. ' Whereas Almighty God hath created the mind free ; that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend only to be- get habits of hypocrisy and meanness, and are a depart- ure from the plan of the Holy Author of our religion, 138 LIFE OF who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Al- mighty power to do ; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible aniu|»i'(>lioiisivo scale, thought Mr JolVorsou, tlictatod llio makiii«»- u sig- nal oxauiplo of tho o'cntliMnan ; hul vvuvino" that, these were only the private niotives iii(hicin<;' him to surrender, antl (lid not enter int(t the eontract t)f the antagonist party. He continued in the helitd', therefore, that the bare existence of a c!i|>itidati(Mi did nttt exempt llmniU ton from confin(Mnulation to that elVeet. The importanctj of tlie point, however, in a national view, ami his great anxiety for the honor of the govtMiiment under a charge of violated faith by oiw. of its supreme functionaries, in- duced him to submit tlu; (piestiim to tlu; commamler in chief. General Washington sjnw w iih [jjeasnre rhe executive of bis ujitive v^tate, entering up(Mt a I'ourse of measures which the conduct of the (snemy had rendered necessary. But, entertaining- doubts as to the real bearing ami extent of the capitulation in question, ntul (-oMcnrring with Mr JelVerson, in a sacred respect for the laws and usages of civili/.ed nations, be recommcuuled a relaxation t)f severities, after a fair trial of the practical elVcct v(! the uec(!ssity of indi- vidual chastisement for national barbarities. Inllnenced by the advice of the connnander in chief, which harmoni/.ei brought about the revolution ; and which is never men- tioned without respect, though unhappily not without regret — A governor of Virginia, who filled this difiicult station during the invasions of Arnold, of Phillips, and of Cornwallis — A philosopher, in voluntary retirement from the world and pubHc business, because he loves the world inasmuch only, as he can flatter himself with being useful to mankind ; and the minds of his countrymen are not yet in a condition either to bear the light, or to suf- fer contradiction — A mild and amiable wife, charming children, of whose education he himself takes charge, a house to embellish, great provisions, and the arts and sciences to cultivate; — these are what remain to Mr Jefferson, after having played a principal character on the theatre of the new world, and which he preferred to the honorable commission of minister plenipotentiary in Europe.' In the autumn of ^82, assurances having been received from the British government that a general peace would be concluded in the ensuing winter or spring, Congress renewed the appointment of their plenipotentiaries for that purpose. A great and afllicting change had, at this time, taken place in the domestic relations of Mr Jef- ferson ; and the reasons which before operated impera- tively against his accepta^ice of the mission, were sud- denly superseded by others as imperatively urging his absence from the seat of his dearest and most hallowed ties. The appointment was made on the 13th of No- vember. ' I had, two months before that,' says he, 'lost THOMAS JEFFERSON. 193 the cherished companion of my Hfe, in whose affections, unabated on both sides, I had lived the last ten years, in uncheqiiered happiness.' With the public interests, there- fore, the state of his mind concurred in recommending the change of scene proposed ; and he accepted the ap- pointment. He left Monticello on the 19th of December, '82, for Philadelphia, where he arrived on the 27th. The min- ister of France, Luzerne, offered him a passage in the frigate Romulus, which he accepted ; but she was then lying a few miles below Baltimore, blockaded by ice. No other conveyance being available, he remained in Philadelphia a month. On his arrival. Congress had passed an order offering him free access to the archives of the government ; and he improved his leisure by a constant and daily attendance at the office of State, ex- amining the public papers, to possess himself thoroughly of the state of our foreign affairs. He then proceeded to Baltimore, to await the liberation of the French fri- gate from the ice. After being detained there nearly a month longer, information was received that a provision- al' treaty of peace had been signed by those of the com- missioners* who were on the spot, on the 3d of September, '82 ; which treaty was to become absolute on the conclu- sion of peace between France and Great Britain. Con- sidering the object of his mission to Europe as now ac- complished, he repaired immediately to Philadelphia to take the orders of Congress ; and was excused by them from farther proceeding. He therefore returned home, where he arrived on the 15th of May, '83. The appointment and re-appointment of Mr Jefferson to the embassy which resulted in the negotiation of the definitive treaty of peace with Great Britain, though but a fair tribute to his revolutionary services, have never been associated in history with that important event. * John Adams, Dr Franklin, John Jay, and Henry Laurens. 17* 194 LIFE OF The circumstances above detailed, alone prevented the addition of his signature to the treaty, which would ne- cessarily have given the same honorable notoriety to his connection with the transaction, as is attached to his associate commissioners. THOMAS JEFFERSON. 195 CIIArTER VIII. On the 6th of June, 1783, Mr JefFcrson, whose capa- bilities were never overlooked, was re-elected by the le- gislature to his ancient station of delegate to Congress. His appointment was to take eftect on the 1 st of Novem- ber ensuing, when the term of the existing delegation would have expired. He left home on the 16th of Oc- tober, arrived at Trenton where Congress was sitting, on the 3d of November, and took his seat on the 4th ; on which day Congress adjourned, to meet at Annapolis on the 26th. Congress convened at Annapolis on the 26th of No- vember, agreeably to adjournment ; but the pressure of public afl'airs having relaxed, the members had become proportionally remiss in their attendance, insomuch that a majority of the States necessary by the confederation to constitute a quorum, even for minor business, did not assemble until the 13th of December. On the 19th of the same month, the great conflict be- ing over, and our national indej)endence acknowledged by Great Britain, the illustrious general in chief of the American army requested permission of Congress to re- sign his commission ; and with the deference ever paid by him to the civil authority, desired to know their pleas- ure in what manner the grateful duty should be per- formed. Congress decreed that the commission should be de- livered up at a Public Audience, on the 23d of Decern- 196 LIFE OF ber, at twelve o'clock ; and suitable arrangements were ordered for the occasion. The character sustained by Mr Jefferson in this affecting scene, will justify a general description of the circumstances. When the hour arrived for the performance of the ceremony, the galleries were overloaded with spectators ; and many distinguished individuals, among whom were the executive and legislative characters of the States, several general officers, and the consul general of France, were admitted on the floor of Congress. From the first moment of peace, the public mind had been fixed intent- ly upon General Washington. He stood on the pinnacle of military fame and power ; but his ambition was satis- fied, for the liberties of his country had been gained ; and his admiring fellow citizens were now assembled to witness the execution of a purpose, deliberately and warmly embraced, of leaving to the world a great and solemn example of moderation. The representatives of the people of the union re- mained seated and covered ; the spectators standing and uncovered. The general was introduced by the secreta- ry, and conducted to a chair near the president of Con- gress. After a proper interval, silence was commanded, and a short pause ensued. The president, general Mif- flin, then rose and informed him that the United States in Congress assembled, were prepared to receive his com- munications. Washington rose, and with a native dig- nity, delivered his affectionate address and valedictory. Having then advanced to the chair and delivered his commission to the president, he returned to his place, and received standing the following answer of the presi- dent in the name of Congress. This paper was prepar- ed by Mr Jeff*erson. ped themselves in a nunc taut^ibie ami ilecided form. A' ari- OUs propositions were submitted to the convention, some of which were dangerous approximations to monarchy. One of these, proposed by Alexander Hamilton, was in fact a com]>iomise between the two principles of royal- ism anil republicanism. According to this plan, the ex- ecutive, and one branch of the legislature were to continue in otfice during gotnl behavior; and the governors of the States were to be named by tliese two permanent organs. The proposition, however, was rejected. Altlunigh a stranger to these transactions, Mr Jeffer- son could not contemplate the idea of such a conven- tion without great anxiety. His counsels were eagerly solicited by Madison, M ythe and others, from time to time, during the progress of the convention, and he com- municated to them his opinions, with modesty and frank- ness. It is very evident from the tenor of some of his answers, that he had received hints of the monarchical dispositions which characterized a portion of the as- sembly. His fears were so strong from this direc- tion, that he loaned heavily the other way, in stating his opinions of the necessary reformations. To Mr Madison. — * The idea of separating the ex- ecutive business of the confederacy froni Congress, as the jmliciary is already, in some degree, is just and ne- cessary. 1 had freiptently pressed oii the members in- dividually, while in Congress, the doing this by a reso- lution of Congress for appointing an executive com- THOMAS JEFFERSON. 235 mittee, to act during the sessions of Congress, as the committee of the States was to act during their vaca- tions. But the referring to this committee all executive business, as it should present itself, would require a more persevering self-denial than I suppose Congress to possess. It would be much better to make that separa- tion by a federal act. The negative proposed to be given them on all the acts of the several legislatures, is now, for the first time, suggested to my mind. Prima facie, I do not like it. It fails in an essential charac- ter ; that the hole and the patch should be commen- surate. But this proposes to mend a small hole, by covering the whole garment. Not more than one out of one hundred State acts, concern the confederacy. This proposition, then, in order to give them one degree of power, which they ought to have, gives them ninety-nine more, which they ought not to have, upon a presump- tion that they will not exercise the ninety-nine.' To E. Carrington. — ' I confess, I do not go as far in the reforms thought necessary, as some of my cor- respondents in America ; but if the convention should adopt such propositions, I shall suppose them necessary. My general plan would be, to make the States one, as to every thing connected with foreign nations, and seve- ral as to every thing purely domestic. But with all the imperfections of our present government, it is, without comparison, the best existing, or that ever did exist. Its greatest defect is the imperfect manner in which matters of commerce have been provided for.' To Mr Hawkins. — ' I look up with you to the federal convention, for an amendment of our federal affairs. Yet I do not view them in so disadvantageous a light at present, as some do. And above all things, I am aston- ished at some people's considering a kingly government as a refuge. Advise such to read the fable of the frogs, who solicited Jupiter for a king. If that does not put them to rights, send them to Europe, to see something of the trappings of monarchy, and I will undertake, that every man shall go back thoroughly cured. If all the evils which can arise among us, from the republican 236 LIFE OF form of government, from tbis day to the day of judg- ment, could be put into a scale against what this coun- try suffers from its monarchical form, in a week, or England in a month, the latter would preponderate. Consider the contents of the Red book in England, or the Almanac Royale of France, and say what a people gain by monarchy. No race of kings has ever pre- sented above one man of common sense, in twenty gene- rations. The best they can do is, to leave things to their ministers ; and what are their ministers, but a committee badly chosen 1 If the king ever meddles, it is to do harm.' To J. Jones. — ' I am anxious to hear what our fede- ral convention recommends, and what the States will do in consequence of their recommendation. * * * With all the defects of our constitution, whether general or particular, the comparison of our governments with those of Europe, is like a comparison of heaven and hell. England, like the earth, may be allowed to take the intermediate station. And yet I hear there are people among you, who think the experience of our governments has already proved, that republican govern- ments will not answer. Send those gentry here, to count the blessings of monarchy. A king's sister, for instance, stopped in the road, and on a hostile journey, is sufficient cause for him to march immediately twenty thousand men to revenge the insult.' To G. Wythe. — ' You ask me in your letter what, ameliorations I think necessary in our federal constitu- tion. It is now too late to answer the question, and it would have always been presumption in me to' have done it. Your own ideas, and those of the great characters who were to be concerned with you in these discussions, will give the law, as they ought to do, to us all. My own general idea was, that the States should severally preserve their sovereignty in whatever concerns them- selves alone ; and that whatever may concern another State, or any foreign nation, should be made a part of the federal sovereignty ; that the exercise of the federal sovereignty should be divided among three several THOMAS JEFFERSON. 237 bodies, legislative, executive, and judiciary, as the State sovereignties are ; and that some peaceable means should be contrived, for the federal head to force compliance on the part of the States.' To General Washington — ' I remain in hopes of great and good effects from the decision of the assembly over which you are presiding. To make our States one, as to all foreign concerns, preserve them several as to all merely domestic, to give to the federal head some peaceable mode of enforcing its just authority, to or- ganize that head into legislative, executive, and judi- ciary departments, are great desiderata in our federal constitution. Yet with all its defects, and with all those of our particular governments, the inconveniences re- sulting from them are so light, in comparison with those existing in every other government on earth, that our citizens may certainly be considered as in the happiest political situation which exists.' On the 17th of September, '87, the national conven- tion dissolved, and submitted the result of their labors to the world. The instrument was not without its de- fects ; and as these were all on the side of power, and too palpable not to be detected by an intelligent peo- ple, it excited among the more jealous partisans of li- berty, such a tempest of opposition as •rendered its ac- ceptance by the nation extremely problematical. It was taken up by special conventions in the several States, in the years '87 and '88. The contest raged most severely in Virginia, New York, Massachusetts, and New Hamp- shire. In these States, the public discussions were vehe- ment and agitating; but the question was finally carried in favor of ratification, by small majorities, in all of them. In Georgia, New Jersey, and Delaware, the constitution was ratified without opposition; and by considerable majorities, in Pennsylvania, Connecticut, Maryland, and South Carolina. North Carolina would only ac- cept it upon the condition of previous amendments. Rhode Island declined calling a convention, and did not 21 238 LIFE OF accede to the union until May, 1790. Six States rati- fied without quahfication, and seven with the recom- mendation of certain specified amendments. Mr Jefierson received a copy of the new constitution early in November, '87. He read and contemplated its provisions with great satisfaction, though not without serious apprehensions from some of its features. His principal objections were, to the omission of a declaration of rights ensuring freedom of religion, freedom of the press, freedom of the person under the uninterrupted pro- tection of the habeas corpus^ and the trial by jury in civil as well as criminal cases ; and to the perpetual re-eligibility of the president. His opinions were immediately con- sulted by his political friends in the United States, and he communicated to them his approbations and objec- tions, without reserve. They are found stated at length, and in a most interesting manner, in a letter to Mr Madison, dated Paris, December 20th, 1787. ' I like much the general idea of framing a government^ which should go on of itself peaceably, without needing continual recurrence to the State legislatures. I like the organization of the government into legislative, judi- ciary, and executive. I like the power given the legis- lature to levy faxes, and for that reason solely, I ap- prove of the greater house being chosen by the people directly. For though I think a house, so chosen, will be very far inferior to the present Congress, will be very illy qualified to legislate for the union, for foreign nations, &c ; yet this evil does not weigh against the good of preserving inviolate the fundamental principle, that the people are not to be taxed but by representa- tives chosen immediately by themselves. I am captiva- ted by the compromise of the opposite claims of the great and little States, of the latter to equal, and the former to proportionail influence. I am much pleased, too, with the substitution of the method of voting by persons, instead of that of voting by States ; and I like the negative given to the executive, conjointly with a third of either house ; though I should have liked it TllOMAS JEFFERSON. . 239 better, had the judiciary been associated for that pur- pose, or invested separately with a similar power. There are other good things of less moment. * I will now tell you what I do not like.' First, the omission of a bill of rights, providing clearly, and with- out the aid of sophism, for freedom of religion, freedom of the press, protection against standing armies, restric- tion of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all mat- ters of fact triable by the laws of the land, and not by the laws of nations. To say, as Mr Wilson does, that a bill of rights was not necessary, because all is re- served in the case of the general government, which is not given, while in the particular ones, all is given which is not reserved, might do for the audience to which it was addressed ; but it is surely a gratis dictum^ the reverse of which might just as well be said; and it is opposed by strong inferences from the body of the instrument, as well as from the omission of the clause of our present confederation, which had made the re- servation in express terms. It was hard to conclude, because there had been a want of uniformity among the States as to the cases triable by jury, because some have been so incautious as to dispense with this mode of trial in certain cases, therefore the more prudent States shall be reduced to the same level of calamity. It w^ould have been much more just and wise to have concluded the other way, that as most of the States had preserved, with jealousy, this sacred palladium of liberty, those who had wandered, should be brought back to it : and to have established general right, rather than general wrong. For I consider all the ill as establish- ed, which may be established. I have aright to no- thing, which another has a right to take away; and Congress will have a right to take away trials by jury in all civil cases. Let me add, that a bill of rights is what the people are entitled to against every govern- ment on earth, general' or particular ; and what no just government should refuse, or rest on inference. 'The second feature I dislike, and strongly dislike, is the abandonment, in every instance, of the principle of rotation in office, and most particularly in the case of 240 LIFE OF the president. Reason and experience tell us, that the first magistrate will always be re-elected if he may be re-elected. He is then an officer for life. This once observed, it becomes of so much consequence to cer- tain nations, to have a friend or a foe at the head of our affairs, that they will interfere with money and with arms. A Galloman, or an Angloman, will be supported by the nation he befriends. If once elected, and at a second or third election outvoted by one or two votes, he will pretend false votes, foul play, hold possession of the reins of government, be supported by the States voting for him, especially if they be the central ones, lying in a compact body themselves, and separating their opponents ; and they will be aided by one nation in Europe, while the majority are aided by another. The election of a president of America, some years hence, will be much more interesting to certain nations of Europe, than ever the election of a king of Poland was. Reflect on all the instances in history, ancient and modern, of elective monarchies, and say, if they do not give foundation for my fears ; the Roman emperors, the Popes while they were of any importance, the Ger- man emperors till they became hereditary in practice, the kings of Poland, the Deys of the Ottoman depen- dencies. It may be said, that if elections are to be at- tended with these disorders, the less frequently they are repeated the better. But experience says, that to free them from disorder, they must be rendered less interest- ing by a necessity of change. No foreign power, nor domestic party, will waste their blood and money to elect a person, who must go out at the end of a short period. The power of removing every fourth year by the vote of the people, is a power which they will not exercise, and if they were disposed to exercise it, they would not be permitted. The king of Poland is re- movable every day by the diet. But they never remove him. Nor would Russia, the emperor, &c, permit them to do it. Smaller objections are, the appeals on mat- ters of fact as well as law ; and the binding all persons, legislative, executive and judiciary, by oath, to main- tain that constitution. I do not pretend to decide, what would be the best method of procuring the establish- THOMAS JEFFERSON. 241 ment of the manifold good things in this constitution, and of getting- rid of the bad. Wiiether by adopting it, in hopes of future amendment; or, after it sliall have been duly weighed and canvassed by the people, after seeing tlie parts they generally dislike, and those they generally approve, to say to tliem, ' We see now what you wish. You are willing to give to your federal government such and such powers : but you wish, at the same time, to have such and such fundamental rights secured to you, and certain sources of convul- sion taken away. Be it so. Send together your dep- uties again. Let them establish your fundamental rights by sacrosanct declaration, and let them pass tlie parts of the constitution you have approved. These will give powers to your federal government sufficient for your happiness.' ' This is what might be said, and would probably pro- duce a speedy, more perfect, and more permanent form of government. At all events, I hope you will not be discouraged from making other trials, if the present one should fail. We are never permitted to despair of the commonwealth. I have thus told you freely what I like, and what I dislike, merely as a matter of curiosity ; for I know it is not in my power to offer matter of informa- tion to your judgment, which has been formed after hear- ing and weighing every thing which the wisdom of man could offer on these subjects. I own I am not a friend to a very energetic government. It is always oppressive. * * * After all, it is my principle that the will of the majority should prevail. If they approve the proposed constitution in all its parts, I shall concur in it cheerfully, in hopes they will amend it, whenever they shall find it works wrong. This reliance cannot deceive us, as long as we remain virtuous ; and I think we shall be so, as long as agriculture is our principal object, which will be the case, while there remain vacant lands in any part of America. When we get piled upon one another in large cities, as in Europe, we shall become corrupt as in Europe, and go to eating one another as they do there.' With the mass of good which it contained, Mr Jeffer- son found, on a careful scrutiny, such a mixture of evil 21* 2r^ Ml'K OF ill thii now coiistilutioii, iIimI. Ik; was iii (lonbt what coiirso to rocommond to his <'.(HmtryiiH'n. How tho *»()0(1 should 1x3 HOiMirtuI, and thndilioiially, and (Inis secure whalevt^- in it was AviHC and heuefieial ; and ihat lint four Slates hist a(*tin<>', whould aceept only on the previouH contUtion tluit ceitjun ainendnnnls slionid he inad(5. Hut la; aflerwards rc- ooinnn^nth'd (he more piiuhnt conrst; of unctnithlional accept anc(! hy the whoh', willi a concomitant thieJara- tion that it nhould Htand a» a perj)etnal instruction to th inslU the same convictions into his countrynnni, it isi only necessary to consult the pnji»'es of iiis private correspondence. Adoring rcj)ublicanism, liatinjj^ monarchy, he discrinnmite«l with the sagacity of a prtdounti slatc^snnin, hetwiujii those features of the instru- nnMit which were con«;tmial, and those which wore hos- tile, to liu' principles of his political idolatry. While ho gave all his soul to tlu^ pr(5servation of lla^ fornu'r, lu^ de- precated with ecpud sincerity any admixture of the lat- ter, lU'ither approvinjj,' nor condenuiing' in the nniss. lie was, therefore, neither a federalist nor an anti-federalist, as the atlvocates and oppoiuMits of the constitution w (vro distini»uished. lie was an indi^pendent asserter of his opinions on questions of natiojud concern, the most pro- THOMAS JEFFERSON. 243 found and iiitcrcstinj^' lliut liad ever been snlnnilled to the deliberalion oi' the Ameiicaii ])eopIu ; and he Iiad tlio liaj>[)iMcss to sec tlioso opinions, on almost every point, adopted by the nation and ineorporated into its frame of govcrjunent, by special emendatory acts. A few passages from his corresp«)ndence will evince liis anxiety lor the late of the constitution, and his i)ersever- ance in the endeavor to obtain the amendments which he deemed so essential. To James Madison. — ' I sincerely rejoice at the ac- ceptance of our new constitution l)y nine States. It is a good canvass, on which some strokes only want re- touching. What these are, 1 thiidt are sulliciisntly man- ifested by the general voice from north to south, which calls for a bill of rights. It seems ])retty generally un- derstood, that this should go to juries, /uth('(fs rorims^ stamling armies, printing, religioji, and monopolies. I comreive there nuiy be dilliculty in finding general mod- ifications of these, suited to the habits of all the States. But if such cannot be found, then it is better to establish trials by jury, the right of habeas corpuSi freedom of the press, and freedom of KVIigion, in all cases, and to abol- ish standing armies in time of pcsaee, and monopolies in all cases, than not to do it in any. 'I'he few cases where- in tli(;se tilings may do evil, <'annot \)0, w(Mgh(ul against the nniltitude, wherein tlie want of tlusm will do evil.' To G. WASiiiNiiTON. — '1 have seen, with inlinite pleasure, our new constitution accepted by eleven States, not rejected by the twelCth ; and that tin; thirte(!iith hap- l>ens to be a State of the least importance. Jt is true, that the minorities in most of the aci^e|)ting States have been very respectable ; so much so, as to r(!nd«!r it pru- dent, were it not otherwise reasonable, to make some sacrifice to them. 1 am in hoj)es, that the annexation of a bill of rights to the coMstitiilion will alone draw over so great a jiroportion of the minorities, as to leave little danger in the oi)i)osition of the residue; and tliat this annexation may be made by Congress and the assem- blies, without calling a convention, whi(di might (endan- ger the most valuable parts of the system.' 244 . LIFE OF To Col. Humphreys. — ^'The operations which have taken place in America lately, fill me with pleasure. In the first place, they realize the confidence I had, that whenever our affairs go obviously wrong, the good sense of the people will interpose, and set them to rights. The example of changing a constitution, by assembling the wise men of the State, instead of assembling armies, will be worth as much to the world as the former exam- ples we had given them. The constitution, too, which was the result of our deliberations, is unquestionably the wisest ever yet presented to man, and some of the ac- commodations of interest which it has adopted, are greatly pleasing to me, who havebeforehad occasions of f seeing how difficult those interests were to accommodate. JTgeneral concurrence of opinion seems to authorize u s^ , __ to say it has some defects. I am one of those who think it a defect, that the important rights, not placed in secu- rity by the frame of the constitution itself, were not ex- plicitly secured by a supplementary declaration. There are rights which it is useless to surrender to the govern- ment, and which governments have yet always been fond to invade. These are the rights of thinking, and pub- lishing our thoughts by speaking or writing ; the right of free commerce ; the right of personal freedom. There are instruments for administering the government so peculiarly trust-worthy, that we should never leave the legislature at liberty to change them. The new con- stitution has secured these in the executive and legisla- tive departments; but not in the judiciary. It should have established trials by the people themselves, that is to say, by jury. There are instruments so dangerous to the rights of the nation, and which place them so totally at the mercy of their governors, that those governors, whether legislative or executive, should be restrained from keeping such instruments on foot, but in well de- fined cases. Such an instrument is a standing army. We are now allowed to say, such a declaration of rights, as a supplement to the constitution, where that is silent, is wanting, to secure us in these points/ The general voice has legitimated this objection. It has not, however, authorized me to consider as a real defect, what I thought, and still think one, the perpetual re-eligibility of the president. But three States out of eleven having de- THOMAS JEFFERSON. 245 clared against this, we must suppose we are wrong', ac- cording to the fundamental law of every society, the lex maj oris partis, to which we are bound to submit. And should the majority change their opinion, and become sensible that this trait in their constitution is wrong, I would wish it to remain uncorrected, as long as we can avail ourselves of the services of our great leader, whose talents and whose weight of character, I consider as pe- culiarly necessary to get the government so under way, as that it may afterwards be carried on by subordinate characters.' The ardor and perseverance of Mr Jefferson in the ef- fort to obtain a supplementary bill of rights to the con- stitution, were soon crowned with success. At the ses- sion of 1789, Mr Madison submitted to Congress a series of amendments which, with various propositions on the same subject from other States, were referred to a com- mittee of one from each State in the Union. The result was the annexation, in due form, of the ten original amendments to our federal constitution. ^ So great was the influence of Mr Jefferson in forwarding this measure, though absent during the whole time, that he is generally regarded as the father of these amendments. They embraced the principal objections urged by him without going far enough to satisfy him entirely. By them, the freedom of religion, of speech, and of the press, the right of the people to deliberate and petition for redress of grievances, the right of keeping and bearing arms, of the trial by jury in civil as well as criminal cases, the ex- emption from general warrants and from the quartering of soldiers in private dwellings, were pronounced irre- vocable and intangible by the government ; and the pow- ers not delegated by the constitution, nor prohibited by it to the States, were declared to be reserved to the States or to the people. But the right oi habeas corpus was still left to the discretion of Congress ; monopolies were not posi- tively guarded against ; and standing armies in time of peace were not prohibited. His objections also against the 246 LIFE OF perpetual re-eligibility of the president, although backed by the recommendation of three States, were not sanction- ed by Congress. His fears of that feature were founded on the importance of the office, on the fierce contentions it might excite among ourselves, if continuabie for life, and the dangers of interference, either with money or arms, by foreign nations, to whom the choice of an American president might become interesting. Examples of this abounded in history ; in the case of the Roman emper- ors, for instance ; of the popes, while of any signifi- cance ; of the German emperors ; the kings of Poland, and the deys of Barbary. But his apprehensions on this head gradually subsided, and finally became extinct, on witnessing the effect in practice. Alluding to his early opinions on this subject, he said in 1821 : ' My wish 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 establish any sys- tem of improvement he should propose for the general good. But the practice adopted, I think, is better, al- lowing his continuance for eight years, with a liability to be dropped at half way of the term, making that a pe- riod of probation. * * * The example of four presidents, voluntarily retiring at the end of their eighth year, and the progress of public opinion, that the prin- ciple 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, 1 trust he would be rejected, on this demonstration of ambitious views.' There was another question agitated in the councils of the United States, during Mr Jefierson's residence in France, which he viewed with as much concern as the adoption of the constitution. This was the proposition to abandon the navigation of the Mississippi to the king of Spain, for the period of twenty-five or thirty years, as an equivalent for a treaty of commerce with that nation, THOMAS JEFFERSON. 247 John Jay, secretary of foreign affairs, who had been au- thorized to institute a negotiation with the Spanish gov- ernment, laid the proposition before Congress, as a se- cret. The whole affair was veiled in darkness, and so continued until the year 1818, when a resolution was passed authorizing the pubhcation of the secret journals of the old Congress. The proposition of Mr Jay created an angry excite- ment in Congress. The scheme was resisted, with great warmth, by the States of Virginia, North Carolina, South Carolina, Maryland and Georgia,on the following grounds: 1. It would dismember the union. 2. It would violate the compact of the national government with those States who had surrendered to it their western lands. 3. It would check the growth of the western country by de- priving the inhabitants of a natural outlet for their pro- ductions. 4. It would depreciate the value of the west- ern lands, and sink proportionally a valuable fund for the payment of the national debt. 5. It would be such a sacrifice for particular purposes, as would be obvious to the least discerning. The proposition was sustained by all the New England States, with New York, New Jersey, and Pennsylvania. These States moved in solid phalanx,:;and in silence, against every attempt to defeat, alter, or amend the pro- posed terms of negotiation. The opposition were in de- spair, when it occurred to them, that as the assent of nine States was necessary by the confederation to form treaties, the instructions given to Mr Jay were unconsti- tutional, inasmuch as seven States only had voted them. A resolution was, therefore, introduced, declaring the original vote which had been taken, incompetent to con- fer treaty making powers. But the res®lution was neg- atived by the same States, in the same mysterious man- ner. A resolution was then offered, to remove the in- junction of secrecy, which shared the same fate. Finally, after a heated and protracted altercation, the minority 248 LIFE OB' succeeded so far as to obtain the authority to treat for an entrepot at New Orleans, and for the navigation of the Mississippi in common with Spain, down to the Floridas. A hint of these transactions having reached the ears of Mr Jeiferson in Paris, he was exercised with the greatest inquietude and alarm. He considered the aban- donment of the navigation of the Mississippi, as, ipse facto, a dismemberment of the union ; and he improved every occasion, in his letters to America, to impress on the leading members of the government, the ungrateful character and suicidal tendency of the measure. A single specimen, found in a letter to Mr Madison, da- ted January 30, '87, will suffice to display the general tenor of an active and extensive correspondence, for several months, on this vitally interesting question. 'If these transactions [insurrections] give me no un- easiness, I feel very differently at another piece of intel- ligence, to wit, the possibility that the navigation of the Mississippi may be abandoned to Spain. I never had any interest westward of the Allegany ; and I never will have any. But I have had great opportunities of know- ing the character of the people who inhabit that country ; and I will venture to say, that the act which abandons the navigation of the Mississippi, is an act of separation between the eastern and western country. It is a relin- quishment of five parts out of eight of the territory of the United States ; an abandonment of the fairest subject for the payment of our public debts, and the chaining those debts on our own necks, in perpetuum. I have the utmost confidence in the honest intentions of those who concur in this measure; but I lament their want of ac- quaintance with the character and physical advantages of the people, wMb, right or wrong, will suppose their in- terests sacrificed on this occasion to the contrary inter- ests of that part of the confederacy in possession of pres- ent power. If they declare themselves a separate peo- ple, we are incapable of a single effort to retain them. Our citizens can never be induced, either as militia or as soldiers, to go there to cut the throats of their own broth- THOMAS JEFFERSON. 249 ers and sons, or rather, to be themselves the subjects, in- stead of the perpetrators, of the parricide. Nor would that country quit the cost of being retained against the will of its inhabitants, could it be done. But it cannot be done. They are able already to rescue the naviga- tion of the Mississippi out of the hands of Spain, and to add New Orleans to their own territory. They will be joined by the inhabitants of Louisiana. This will bring on a war between them and Spain ; and that will pro- duce the question with us, whether it will not be worth our while to become parties with them in the war, in or- der to re-unite them with us, and thus correct our error. And were I to permit my forebodings to go one step far- ther, I should predict, that the inhabitants of the United States would force their rulers to take the affirmative of that question, I wish I may be mistaken in all these opinions.' The right of the United States to the free navigation of the Mississippi, in its whole extent, and the establish- ment of that right upon an immovable basis, was a sub- ject which early engrossed the attention of Mr Jefferson. He persevered in the effort through a period of fifteen years, in different public stations ; and his agency in producing the final result was scarcely less distinguished, though less direct and efficacious, than in procuring the acquisition of Louisiana. The question was not defini- tively settled until 1803, when, being at the head of the nation, he appointed Mr Monroe minister to Madrid for the express purpose of concluding a final arrangement with that government, covering all the points at issue growing out of the subject. The mission was as honor- able as it was successful. Mr Jefferson's watchfulness over the interests of Ame- rica, while in Europe, was intense. Nothing escaped his notice, which he thought could be made useful in his own country. The southern States are indebted to him for the introduction of the culture of upland rice. In 1790, he procured a cask of this species of rice, from 22 250 LIFE OP the river Denbigh in Africa, about latitude 9 deg. 30 min. north, which he sent to Charleston, in the hope that it would supersede the culture of the wet rice, which renders South Carolina and Georgia so pestilential through the summer. The quantity was divided at Charleston, and a part sent to Georgia, by his directions. The cultivation of this rice has now become general in the upper parts of Georgia and South Carolina, and is highly prized. It was supposed by Mr Jefferson, that it might be raised successfully in Tennessee and Ken- tucky. He likewise endeavored to obtain the seed of the Cochin-China rice, for the purpose of introducing its cultivation in the same States ; but it does not appear whether he was successful or not. In the same spirit of attention to the interests of his country, he transmitted from Marseilles to Charleston, a great variety of olive plants, to be planted, by way of experiment in South Carolina and Georgia. ' The greatest service,' says he, ' which can be rendered any country is, to add a useful plant to its culture ; especially a bread grain ; next in value to bread, is oil.' These plants were tried, and are now flourishing at the South. Though not yet mul- tiplied extensively, they have introduced that species of cultivation in those States. All the powers of Mr Jefferson seemed to kindle in the pursuit of multiplying objects of profitable agricul- ture in America, and of improving the husbandry of those already established as staples. With this view, he made a tour into the south of France, and the northern parts of Italy, in which he passed three months. His plan was to visit the ports along the western and southern coast of France, particularly Marseilles, Bor- deauXjNantes, and L'Orient, to obtain such information as would enable him to judge of the practicability of making farther improvements in our commerce with the southern provinces of France ; to visit the canal of Lan- guedoc, and possess himself of such information upon THOMAS JEFFERSON. 251 that kind of navigation, as might be useful to his coun- trymen ; and thence to pass into the northern provinces of Italy, to examine the different subjects of culture in those munificent regions, and ascertain what improve- ments might be made in America, in the culture and husbandry of rice and other staples common to both countries ; and what other, if any, productions of that climate might be advantageously introduced into the southern States. Another object with him was to try the mineral waters of Aix, in Provence, for a dislocated wrist, unsuccessfully set. He left Paris, therefore, on the 28th of February, '87, and proceeded up tlie Seine, through Champagne and Burgundy, and down the Rhone through the Beaujolais, by Lyons, Avignon, Nismes, to Aix. Receiving no benefit from the mineral waters of that place, he bent his course into the rice countries of Italy. On his return, he extended his journey through the south of France, and arrived at Paris. The novelty and variety of the scenes through which he passed, the multitude of curious and interesting objects which he encountered, presented a perpetual feast to his enquiring mind. From Nice, under date of April 19th, he writes to the Marquis de La Fayette : ' I am constantly roving about to see what I have never seen before, and shall never see again. In the great cities, I go to see what travellers think alone wor- thy of being seen ; but I make a job of it, and generally gulp it all down in a day. On the other hand, I am never satiated with rambling through the fields and farms, examining the culture, and cultivators with a de- gree of curiosity, which makes some take me to be a fool, and others to be much wiser than I am. * * * From the first olive fields of Pierrelatte, to the orange- ries of Hieres, it has been continued rapture to me. I have often wished for you. I think you have not made this journey. It is a pleasure you have to come, and an improvement to be added to the many you have already 252 LIFE OF made. It will be a great comfort to you, to know, from your own inspection, tiie condition of all the provinces of your own country, and it will be interesting- to them at some future day, to be known to you. This is, per- haps, the only moment of your life, in which you can acquire that knowledge. And to do it most effectually, you must be absolutely incognito, you must ferret the people out of their hovels, as I have done, look into their kettles, eat their bread, loll on their beds under pretence of resting yourself, but in fact to find if they are soft. You will feel a sublime pleasure in the course of this investigation, and a sublimer one hereafter, when you shall be able to apply your knowledge to the softening of their beds, or the throwing a morsel of meat into their kettle of vegetables.' From Lyons to Nismes Mr JefFe»rson was ' nourished with the remains of Roman grandeur.' He was im- mersed in antiquities from morning to night. He was transported back to the times of the Caesars, the intrigues of their courts, the oppressions of their praetors, and prefects. To him the city of Rome, as he averred, seemed actually existing in all the magnificence of its meridian glory ; and he was filled with alarm in the momentary anticipation of the irruptions of the Goths, Visigoths, Ostrogoths, and Vandals. Under date of Nismes, he writes to the Countess de Tesse, in a mood which evinced the extravagance of his passion for an- cient architecture : ' Here I am, Madam, gazing whole hours at the Jfm- son Quarree, like a lover at his mistress. The stocking- weavers and silk-spinners around it, consider me as an hypochondriac Englishman, about to write with a pistol the last chapter of his history. This is the second time I have been in love since I left Paris. The first was with a Diana at the Chateau de Lay-Epinaye in Beau- jolais, a delicious morsel of sculpture, by M. A. Slodtz. This, you will say, was in rule, to fall in love with a female beauty : but with a house ! It is out of all pre- cedent. No, Madam, it is not without a precedent, in THOMAS JEFFERSON. 253 my own history. While in Paris, I was violently smitten with the Hotel de Salm, and used to go to the Tuileries, almost daily to look at it. The loueuse des chaises, inat- tentive to my passion, never had the complaisance to place a chair there, so that, sitting on the parapet, and twisting my neck round to see the object of my admira- tion, I generally left it with a torticolis.'' Mr Jefferson kept a diary of his excursion into Italy, in which he noted with minuteness, every circumstance which he thought might be made useful or instructive to his countrymen. Of these notes, which covered about fifty printed octavo pages, he made copies on his return, and transmitted them to General Washington and others in America, as containing hints capable of being improv- ed to the benefit of the United States. His course of observation supplied him with materials for benefiting the commerce of tffe United States, in some essential particulars, for improving the quality in articles of staple growth, and increasing the subjects of cultivation, in some States. At Turin, Milan, and Genoa, he satisfied himself of the practicability of introducing our whale oil, for their consumption, and that of the other great cities of that country. The merchants with whom he asked conferences, met him freely, and communicated frankly; but not being authorized to conclude a formal negotiation, he could only cultivate a general disposition to receive our oil merchants. He put matters into a train for inducing their governments to draw their to- bacco directly from the United States, and not, as here- tofore, from Great Britain. He procured the seeds of three different species of rice, from Piedmont, Lom- bardy, and the Levant, divided each quantity into three separate parcels, and forwarded them by as many dif- ferent conveyances, to Charleston, in order to ensure a safe arrival. He questioned the utility of engaging in the cultivation of the vine in the southern States, under the present circumstances of their population. Wines 22* 254 LIFE OF were so cheap in those countries, that a laborer with us, employed in the culture of any other article, might ex- change it for wine, more and better than he could raise himself. It might, hereafter, become a profitable re- source to us, when a more dense population shall have increased our supply of raw materials beyond the demand at home and abroad. Instead of augmenting the useless surplus of them, the supernumerary hands might then be employed on the vine. The introduction of the fig, the mulberry, and the olive, he strongly recommended to the cultivators in the southern parts of the United States. With the olive tree, in particular, he was so pleased, that he declared it next to the most precious, if not the most precious of all the gifts of heaven to man. He thought, perhaps, it might claim a preference even to bread, considering the infinitude of yegetables, to which it added a proper and comfortable nutriment. As in commerce and agriculture, so in the manufac- turing interest, Mr Jefierson was indefatigable in en- deavoring to benefit his country. Of every new inven- tion and discovery in the arts, he was prompt to commu- nicate the earliest intelligence to Congress, or to indi- vidual artists and professors. Among these, the most remarkable were the principle of stereotyping, which he communicated in 1786 ; and the mode of constructing muskets, which he communicated about the same time* It consisted in making all the parts of the musket so exactly alike, as that, mixed together promiscuously, any one part should serve equally for every musket in the magazine. * Of those improvements which were claimed as original in Europe, but of which America was entitled to the merit of a prior discovery, his know- ledge enabled him to detect the imposition, and his pa- * This attempt has never been completely successful in Europe or America, until accomplished by captain Hall, in the manufac- ture of his improved rifle. He is now exclusively employed by the United States, at Harper's Ferry, Va. THOMAS JEFFERSON. 255 triotism incited liim to vindicate the honor of his own countrymen. This was in fact the case in several in- stances. In the sciences and the fine arts, Mr Jefferson was equally assiduous to advance the reputation of his rising country. His letters to president Stiles, to tiie presi- dent of William and Mary College, to the president of Harvard University, to Rittenhouse, Charles Thompson and others, are illustrations of his zeal and efficiency in these pursuits. Their advances in science and in the arts of sculptj-ire, painting and music, were the only things, he declared, for which he envied the people of France ; and for these he absolutely did envy them. His passion for the few remains of ancient architecture which existed, was un- bounded, and his efforts unremitting for introducing samples of them in America, for the purpose of encour- aging a style of architecture analogous to the Roman model. In June, 1785, he received a request from the directors of the public buildings in Virginia, to procure and transmit them plans for the capitol, palace, &c. He immediately engaged an architect of great abilities, for this purpose, and directed him to take for his model the Maison Quarree of Nismes, which he considered 'the most precious and perfect morsel of antiquity in exist- ence.' But what was his surprise and regret on learn- ing, a short time after, that the buildings were actually begun, without waiting for the receipt of his plans. ' Pray try,' he writes to Mr Madison, 4f you can effect the stopping of this work. The loss is not to be weighed in the saving of money which will arise, against the comfort of laying out the public money for something honorable, the satisfaction of seeing an object and proof of national good taste, and the regret and mortification of erecting a monument of our barbarism, which will be loaded with execrations as long as it shall endure. You see I am an enthusiast on the subject of the arts. But it is an 256 LIFE OF enthusiasm of which I am not ashamed, as its object is to improve the taste of my countrymen, to increase their reputation, to reconcile to them the respect of the world, and procure them its praise.' The specimens we have given exhibit but a slender outline of a series of correspondence, public and private, comprising more than three hundred letters, chiefly to his friends in the United States, all breathing the same devotion to the interests of his country, in every imagin- able department, from the most intricate points of ab- stract science, and the most momentous questions of na- tional policy, down to essays on the most simple processes in agriculture and domestic economy. He was at the same time in habits of correspondence with many distinguished characters, literary and political, in most of the nations of Europe. His philosophical reputation and powers estabhshed him in ready favor with the constellation of bold thinkers, which then illuminated France ; and much of his attention was necessarily, perhaps advantageously, occupied in the metaphysical discussions of the day. He was on terms of intimacy with the Abbe Morellet, Con- dorcet, D'Alembert, Mirabeau, &c ; and he renewed his discussion in natural science, with Mons. de Buffbn, to whom he had already given such a foretaste of his abili- ties, in his Notes on Virginia. The ladies of that gay capital, who maintain so powerful an ascendency in all its circles, were delighted in his society, and pressed him into their correspondence. At the solicitation of the authors of the Encydopedie Methodique, the most popu- lar work then publishing in Paris, Mr Jefferson prepared for insertion several articles on the United States, giving a history of the governm^ent, from its origin to the adop- tion of the constitution. One of the authors of that work had made the society of the Cincinnati the subject of a libel on our government and its great military lead- er. But before committing it to the press, he submitted it to Mr Jefferson for examination. He found it a tissue THOMAS JEFFERSON. 257 of errors, a mere philippic against the institution, in which there appeared an utter ignorance of facts and motives. He wrote over the whole article; in which he vindicated the motives of General Washington and his brother offi- cers from every liability to reproach. His own opinions, however, of the ultimate effects of that institution, un- derwent such a change during his residence in Europe, as induced him to recommend its total extinction ; which he did, in a letter to General Washinoton, November 1786. Such are some of the numerous and diversified servi- ces performed by Mr Jefferson in his private, unofficial capacity. ' The circumstance ought not to be overlooked, that these attentions to the general interests of the Unit- ed States, were exercised amidst the labors and anxie- ties of a multiplicity of public avocations. His diplo- matic correspondence with the Count de Vergennes, the most subtile and powerful minister in Europe, was unin- terrupted, and in point of urgency in behalf of America, remains unrivalled. His correspondence with the bankers of the United States at Amsterdam and Paris, to pre- serve the credit of the United States, was constant, and laborious ; and his exertions for the redemption of Amer- ican captives at Algiers, for estabhshing a general coali- tion of all the civilized powers against the piratical States, and, on the failure of that, for negotiating treaties of peace with them, on the most favorable terms, have seldom been equalled. But of all the private labors of Mr Jefferson in behalf of his country, none were more useful, none more praise- worthy and patriotic, than those which were directed to the moral improvement of the rising generation. It was to them he looked, and not to those then on the stage, for the perfection of the glorious pohtical work which he had exhausted every resource and sacrificed every com- fort in advancing; and his ambition appeared insatiable to fashion their minds, their habits, their tastes and prin- ciples, after the model of the generation of '76. 258 LIFE OP It was Mr Jefferson's fortune to be an eye-witness of the opening scenes of that tremendous revohition, which began so gloriously and ended so terribly for France. The immediate and exciting cause of this struggle for political reformation, he ascribes to the influence of the American example and American ideas. In his notes on that event, he says : *The American revolution seems first to have awaken- ed the thinking part of the French nation, in general, from the sleep of despotism into which they were sunk. The ofiicers, too, who had been to America, were most- ly young men, less shackled by habit and prejudice, and more ready to assent to the suggestions of common sense, and feeling of common rights, than others. They came back to France with new ideas and impressions. The press, notwithstanding its shackles, began to dissem- inate them ; conversation assumed new freedoms ; pol- itics became the theme of all societies, male and female ; and a very extensive and zealous party was formed, which acquired the appellation of the patriotic party, who, sen- sible of the abusive government under which they lived, sighed for occasions for reforming it. This party com- prehended all the honesty of the kingdom sufficiently at leisure to think, the men of letters, the easy Bourgeois^ the young nobility, partly from reflection, partly from mode ; for these sentiments became matter of mode, and, as such, united most of the young women to the party.' The part sustained by Mr Jeflerson in the early stages of the French revolution, was of a weighty and promi- nent character. It has not yet been incorporated into written history, but the late revelation of his cabinet to the world will soon place it there, when it will constitute one of the most interesting features of his posthumous reputation. Possessing the confidence and intimacy of many of the leading patriots, and more than all, of the Marquis de la Fayette, their head and Atlas, he was consulted by them, at every step, on measures of importance ; and THOMAS JEFFERSON. 259 the prudence of hi-s counsels, which were impHcitly fol- lowed while they could have the benefit of them, retard- ed the moment of convulsion and civil war until after his withdrawal from the scene of action. Coming from a country which had successfully passed through a similar struggle, his acquaintance was eagerly sought, and his opinions carried with them an authority almost oracular. In attempting the redress of present grievances, he re- commended a mild and gradual reformation of abuses, one after another, at suitable intervals, so as not to re- volt the conciliatory dispositions of the king ; and in pro- viding against their recurrence in future, by remodelling the principles of the government, he recommended cau- tious approaches to republicanism, to give time for the growth of public opinion, and work a peaceable regene- ration of the political system, by slow and successive im- provements through a series of years. The interest he felt in the passing revolution, and his anxiety for the final result, were very great. He considered a successful reformation of government in France, as insuring a gen- eral reformation through Europe, and the resurrection to a new life of a people now ground to dust by the op- pressions of the constituted powers. He went daily from Paris to Versailles, to attend thie debates of the States General, and continued there until the hour of adjournment. This assembly had been con- vened as a mediatorial power between the government and the people ; and it was well understood that the king would now concede, 1, Freedom of the person by ha- beas corpus ; 2, Freedom of conscience ; 3, Freedom of the press ; 4, Trial by jury ; 5, A representative legis- lature ; 6, Annual meetings ; 7, The origination of laws ; 8, The exclusive right of taxation and appropri- ation ; and 9, The responsibility of ministers. Mr-Jef- ferson urged most strenuously, an immediate compro- mise, upon the basis of these concessions ; and the in- stant adjournment of the assembly for a year. They 260 TJFE OF came from the vorv heart of tlio kini>-, >vho had not a wish but tor the good of tlie nation ; and these improve- ments, if accepted and carried into etVcct, lie had no doubt wouhl be maintained during the present reign, which wonhl be hmg enough for tliem to take some root in tlie constitution, and be consoUdated by the attach- iiient of the nation. lie most eagerly contended they couUl obtain in fu- ture, whatever might be farther necessary to improve their constitution, and perfect their freedom ami happi- ness. *They thought otherwise, however,' says he, *and events have proved their lamentable error. For, after thirtv rears of war, foreign and domestic, the loss of millions of lives, the prostration of private happiness, and the foreign subjugation of their own country for a time, they have obtained no more, nor even that secure- ly. They were unconscious of (tor who could foresee!) the melancholy sequel of their well-meant perseverance; that their physical t\>roe would be usurped by a tyrant to trample on the independence, and even the existence, of other nations; that this would atVord a fatal example for the atrocious conspiracy of kings against their people; would generate their unholy and homicidal alliance to make common cause among themselves, and to crush by the power of the whole, the eiVorts of any part, to mod- erate their abuses and oppressions.' In the evening of August 4th, on motion of the Vis- count de Noailles, brother-in-law of La Fayette, the as- sembly abolished all titles of rank, all the abusive privi- leges of feudalism, the tythes and casuals of the clergy, all provincial privileges, and in fine the feudal regimen generally. IMany days were employed in putting into the form of laws, the numerous revocations of abuses : after which they proceeded to the preliminary work of a declaration of rights. An instrument of this kind had been prepared by Mr Jefterson and La Fayette, and sub- mitted to the assembly by the latter on the 11th of July ; THOMAS JEFFERSON. 361 but the sudden occurrence of acts of violence had sus- pended all proceedings upon it. There being much con- cord of opinion on the elements of this instrument, it was liberally framed, and passed with a sary general appro- bation. They then appointed a committee to livaii-dVii a projet of a constitution ; at the head of which was the archbishop of Bordeaux. From him, in the name of the committee, Mr Jefferson received a letter, request- ing him to attend and assist at their deliberations. But he excused himself, on the obvious considerations that hii? mission was to the king, as chief magistrate of the nation, that his duties were limited to the concerns of his own country, and forbade his intermeddling with the internal transactions of France, where be had been re- ceived under a specific character only. In this critical state of things, Mr Jefferson received a note from the Marquis la Fayette, informing him that he should bring a party of six or eight friends, to ask a dinner of him the next day. He assured him of their welcome. When they came, there were La Fayette him- self and seven others, leaders of the different divisions of the reform party, but honest men, and sensible of the necessity of effecting a coalition by mutual sacrifices. Their object in soliciting this conference, was to avail themselves of the counsel and mediation of the Ameri- can minister, and to effect a.reconcihation upon terms which he should prescribe. The discussions began at the hour of four, and were continued till ten o'clock in the evening ; during which Mr Jefferson was witness to a ' coolness and candor of argument unusual in political conflicts, to a logical reasoning, and a chaste eloquence, disfigured by no gaudy tinsel of rhetoric or declamation, which he thought worthy of being placed in parallel with the finest dialogues of antiquity, as handed to us by Xenophen, by Plato, and Cicero.' The result of this conference decided the fate of the French constitution. It was mutually agreed, on the ad- 23 262 LIFE OF vice of Mr Jefferson,' that the king should have a suspen- sive veto on the laws ; that the legislature should be composed of a single body only ; and that it should be chosen by the people. This agreement united the patriots on a common ground. They all rallied to the principles thus settled, carried every question agreeably to them, and reduced the aristocracy to impotence and insignifi- cance. But duties of exculpation were now incumbent upon Mr Jefferson. He waited the next morning on Count Montmorin, minister of foreign affairs, and explained to him with truth and candor, how it happened that his house had been made the scene of conferences of such a character. Montmorin told him he already knew every- thing which had passed ; that so far from taking umbrage at his conduct on that occasion, he earnestly wished he would habitually assist at such conferences, being satisfi- ed he would be useful in moderating the warmer spirits, and promoting a wholesome and practicable reformation only. Mr Jefferson told him he knew too well the duties he owed to the king, to the nation, and to his own coun- try, to take any part in the transactions of their internal government ; and that he should persevere, with care, in the character of a neutral and passive spectator, with wishes only, and very sincere ones, that those measures might prevail, which would be for the greatest good of the nation. ' I have no doubt, indeed,' says Mr Jeffer- son, ' 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 reformation of the constitution.' At this auspicious stage of the French revolution, Mr Jefferson retired from the scene of action ; and the wis- dom and moderation of his counsels ceased with the op- portunities of imparting them. He left France, with warm and unabated expectations that no serious commo- tion would take place, and that the nation would soon THOMAS JEFFERSON. 263 settle down in the quiet enjoyment of a great degree of acquired liberty, to go on improving its condition by future and successive ameliorations, but never to retrograde. The example of the United States had been viewed as their model on all occasions, and with an authority like that of the bible, open to explanation, but not to question. The king had now become a passive machine in the hands of the national assembly, and had he been left to himself, would probably have acquiesced in their determinations. A wise constitution would have been formed, hereditary in his line, himself at its head, with powers so large as to enable him to execute all the good of his station, and so limited as to restrain him from its abuse. This constitution he would have faithfully ad- ministered, and more than this he never wished. Such was the belief and the hope of Mr Jefferson ; and to one source alone, he ascribed the overthrow of all these fond anticipations, and the deluge of crimes and cruelties which subsequently desolated France. To the despotic and disastrous influence of a single woman, he attributed the horrible catastrophe of the French revolution ! 'But he had a queen of absolute sway over his weak mind and timid virtue, and of a character the reverse of his in all points. This angel, as gaudily painted in the rhapsodies of Burke, witli some smartness of fancy, but no sound sense, was proud, disdainful of restraint, indignant at all obstacles to her will, eager in the pur- suit of pleasure, and firm enougli 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 lier clique, had been a sensible item in the ex- haustion of the treasury, which called into action the re- forming hand of the nation ; and her opposition to it, her inflexible perverseness, and dauntless spirit, led her- self to the guillotine, drew the king on with her, and plunged the world into crimes and calamities which will for ever stain the pages of modern history. 1 have ever believed, that had there been no queen, there would have been no revolution. No force would have been 264 LIFE OP provoked, nor exercised. The king would have gone hand in hand with the wisdom of his sounder counsel- lors, who, guided by the increased lights of the age, wished only, with the same pace, to advance the prin- ciples of their social constitution. The deed which closed the mortal course of the^e sovereigns, I shall neither approve nor condemn. I am not prepared to say, that the first magistrate of a nation cannot commit treason against his country, or is unamenable to its punishment : nor yet, that where there is no written law, no regulated tribunal, there is not a law in our hearts, and a power in our hands, given for righteous employment in maintaining right, and redressing wrong. Of those who judged the king, many thought him wil- fully criminal ; many, that his existence would keep the nation in perpetual conflict with the horde of kings, who would war against a regeneration 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 legislature. I should have shut up the queen in a convent, putting harm out of her power, and placed the king in his station, investing him with limited powers, which, I verily believe, he would have honestly exercised, according to the measure of his understand- ing. In this way, no void would have been created, courting the usurpation of a military adventurer, nor oc- casion given for those enormities which demoralized the nations of the world, and destroyed, and is yet to de- stroy, millions and millions of its inhabitants.' Mr Jefferson had been more than a year soliciting leave to return to America, with a view to place his daughters in the society of their friends, to attend to some domestic arrangements of pressing moment, and to resume his station for a short time, at Paris ; but it was not until the last of August that he received the permission desired. The generous tribute which he has paid to the French nation, at this point in his auto-biographical notes, dis- closes the state of feeling with which he quitted a coun- try, where he had passed so various and useful a por- tion of his public life. THOMAS JEFFERSON. 265 * And here 1 cannot leave this great and good country, without expressing my sense of its pre-eminence of cha- racter among the nations of the earth. A more henevo- lent people I have never known, nor greater warmth and devotedness in their select friendships. Their kindness and accommodation to strangers is unparalleled, and the hospitality of Paris is beyond any thing I had conceived to be practicable in a large city. Their eminence, too, in science, the communicative 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 no where else. In a com- parison of this with other countries, we have the proof of primacy, which was given to Theraistocles 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 recollections of my life. Which would be your second choice ? France.' On the 26th of September, 1789, Mr Jefferson left Paris for America. lie was detained at Havre by con- trary winds, until the 8th of October, when he crossed over to Cowes, where he was again detained by contrary winds, until the 22d5 when he embarked and landed at Norfolk, Virginia, on the 23d of November. On his way to Monticello he passed some days at Eppington, in Chesterfield county, the residence of his friend and connection, Mr Eppes ; and while there he received a letter from the president. General Washington, by ex-« press, covering an appointment of secretary of State to the new government. Gratifying as was this high testi- monial of his public estimation, the highest in the power of the president to confer, he nevertheless received it with real regret. His wish had been to return to Paris, where he had left his household establishment, to see the end of the revolution, which he then thought would 23* 266 LIFE OF be certainly and happily closed in less than a year, and to make that the epoch of his retirement from all pub- lic employments. ' I then meant,' says he, 'to return home, to withdraw from 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 de- vote myself to studies more congenial to my mind.' In a letter to Mr Madison, a short time before leaving Paris, he writes : ' You ask me if I would accept any appoint- ment on that side of the water ? You know the circum- stances which led me from retirement, step by step, and from one nomination to another, up to the present. My object is a return to the same retirement. When, therefore, I quit the present, it will not be to engage in any other office, and most especially any one which would require a constant residence from home.' In a letter to another friend in Virginia, the same sentiment is pursued : 'Your letter has kindled all the fond recol- lections of ancient times ; recollections much dearer to me than any thing I have known since. There are minds which can be pleased by honors and preferments ; but I see nothing in them but envy and enmity. It is only necessary to possess them, to know how little they contribute to happiness, or rather how hostile they are to it. No attachments soothe the mind so much as those contracted in early life ; nor do I recollect any societies which have given me more pleasure, than those of which you have partaken with me. I had rather be shut up in a very modest cottage, with my books, my family, and a few old friends, dining on simple bacon, and letting the world roll on as it liked, than to occupy the most splendid post, which any human power can give.' In his answer to the president, under date of Decem- ber 15th, he expressed these dispositions frankly, and his preference of a return to Paris ; but assured ^lim at the same time, that if it was believed he could be more THOMAS JEFFERSON. 267 useful in the administration of the government, he would sacrifice his own inclinations without hesitation, and repair to that destination. He arrived at Monticello, on the 23d of December, where he received a second letter from the president, expressing his continued wishes that he would accept the department of State, if not absolutely irreconcilable with his inclinations. This silenced his reluctance, and he accepted the new ap- pointment. He left Monticello on the 1st of March, 1790, arrived at New-York, the then seat of govern- ment, on the 21st, and immediately entered on the du- ties of his station. In the short interval which he passed at Monticello, his eldest daughter was married to Thomas M. Ran- dolph, eldest son of the Tuckahoe branch of Randolphs, who afterwards filled a dignified station in the general government, and, at length, the executive chair of Vir- ginia for a number of years. 208 Mi'K nv CWW'VVM X Mi{ .Ikki'i.hson'h arrival at tlic; scmiI of ••jovcrnmcnt, in the ('liaractcr of scM-rotary of SlaUi, C()m|)I(;to(l tlic or- gani/.atioM of ilio first: ndiniiiistnitioii uiidor tlio prcBcnt constilutioii oClIm Unihul Slaters, 'V\ir wcw system had brii ahoiit oik^ year. (Jcor^i; Washinf»t»)n liad hvA'W iiiiaiiiinoiisiy rlcrtcd president, and inan<;iira- tod on tli(5 f\{)\\i of Apnl, I'/M). .lolm Adaius was vivi) president; Alexander Hamilton, seerceH8 HcemH more possibb; thati it had done Intretoforj;, and tfier<5 arc still otintr slaji(;H of irti[)rovem(!itt, which, if the present does not siicc<5ed, may bo tried, and (»n«^ht to la; tri«;d, before we j;ive np the repnblicati iOvm al- to^(!ther; for that ttiind mast la; really deprav<;/ appertaining to the duties of his department, and, indeed, belonging more properly to some one or more of the ordinary committees of Congress, were Report of a plan for establishing a uniform system of coins, weights and measures in the United States. Report on the cod and whale fisheries. Report on the commerce and navigation of the United States. They were of a peculiar nature, growing out of the infancy of the republic, and the imperfect development and organization of its resources; and as such their execution, in a faithful and satisfactory manner, required an accurate knowledge of the condition of the country, with the exercise of the most patient investigation and varied practical talents. The manner in which these difficult and important trusts were discharged by Mr Jefferson, commanded the admiration of his country. 1. The report of the secretary of State containing a plan for establishing a uniform system of coins, w^eights and measures, was executed with uncommon dispatch, considering the intricacy of the subject, and the novelty of the experiment. He received the order of Conpress on the 15th of April, 1790, when an illness of several weeks supervened, which, with the pressure of other business, retarded his entering upon the undertaking until some time in the ensuing month. He finished it, however, on the 20th of May. One branch of the sub- ject, that of coins, had already received his attention, while a member of Congress, in 1784; audit had then occurred to him, that a corresponding uniformity in the kindred branches, of weights and measures, would be 272 LIFE OF easy of introduction, and a desirable improvement. But the idea was not pursued by him, except for his own private gratification ; having procured an odometer of curious construction upon this principle. He used to carry it, when travelling, and note the distances in miles, cents and mills. In sketching the principles of his system, Mr Jeffer- son was dependent on his own judgment. It was in vain to look to tlie nations of the old world, for an ex- ample to direct him in his researches. No such exam- ple existed. It should be remarked, however, that two of the principal European governments, France and England, were at this very period, learnedly engaged on the same subject. The first object which presented itself to his enquiries, was the discovery of some measure of invariable length, as a standard. This was found to be a matter of no small ditficulty. 'There exists not in nature, as far as has been hither- to observed, a single subject or species of subject, acces- sible to man, which presents one constant and uniform dimension. ' ' The globe of the earth itself, indeed, might be con- sidered as invariable in all its dimensions, and that its circumference would furnish an invariable measure : but no one of its circles, great or small, is accessible to ad- measurement through all its parts ; and the various trials, to measure definite portions of them, have been of such various result, as to show there is no dependence on that operation for certainty. ' Matter, then, by its mere extension, furnishing no- thing invariable, its motion is the only remaining re- source. ' The motion of the earth round its axis, though not absolutely uniform and invariable, may be considered as such for every human purpose. It is measured obvi- ously, bat unequally, by the departure of a given me- ridian from the sun, and its return to it, constituting a THOMAS JEFFERSON. 273 solar day. Throwing together the inequahties of solar days, a mean interval, or day, has been found, and di- vided, by very general consent, into eighty-six thousand four hundred equal parts. *A pendulum, vibrating freely, in small and equal arcs, may be so adjusted in its length, as, by its vibra- tions, to make this division of the earth's motion into eighty-six thousand four hundred equal parts, called seconds of mean time. ' Such a pendulum, then, becomes itself a measure of determinate length, to which all others may be referred, as to a standard.' But even the pendulum was not without its uncer- tainties. Among these, not the least was the fact, that the period of its vibrations varied in different latitudes. To obviate this objection, he proposed to fix on some one latitude to which the standard should refer. That of 38 deg. being the mean latitude of the United States, he adopted it at first; but afterwards, on receiving a printed copy of a proposition of the bishop of Autun to the national assembly of France, in which the author had recommended the 45th deg., he poncluded to substi- tute that in the room of 38 deg., for the sake of uni- formity with a nation, with whom we were connected in commerce ; and in the hope that it might become a line of union with the rest of the world. Having adopted the pendulum vibrating seconds in the 4.5th deg. of latitude, as a standard of invariable length, he proceeded to identify, by that, the measures, weights and coins of the United States. But, unacquainted with the extent of reformation meditated by Congress, he submitted two plans. First, on the supposition that the difficulty of changing the established habits of a whole nation, opposed an insuperable bar to a radical refor- mation, he proposed that the present weights and meas- ures should be retained, but be rendered uniform, by bringing them to the same invariable standard. Second- ly, on the hypothesis that an entire reformation was 24 274 LIFE OP contemplated, he proposed the adoption of a unit of measure, to which the whole system of weights and measures should be reduced, with divisions and subdi- visions in the decimal ratio, corresponding to the uni- formity already established in the coins of the United States. On the whole, he was inclined to a general reformation, with a view to make the denominations of weights and measures conform to those already intro- duced into the currency of the country. The facility which such an improvement would establish in the vul- gar arithmetic, would be soon and sensibly felt by the mass of the people ; who would thereby be enabled to compute for themselves, whatever they should have oc- casion to buy, sell, or measure, which the present diffi- cult and complicated ratios, for the most part, place be- yond their computation. In the event of its being adopted, however, he recommended a gradual reduction of it to practice. A progressive introduction would lessen the inconveniences, which might attend too sud- den a substitution, even of an easier, for a more diffi- cult system. After a given term, for instance, it might begin in the custom houses, where the merchants would become familiarized to it. After a farther term, it might be introduced into all legal proceedings ; and merchants and traders in foreign commodities might be required to use it. After a still farther term, all other descriptions of persons might receive it into common use. Too long a postponement, on the other hand, would increase the difficulties of its reception, with the increase of our population. This report is a curious and learned document, valua- ble to the statesman and philosopher ; though, for the same reasons, not calculated to interest the general reader. It was submitted to Congress on the 13th of July, 1790, and referred to a committee who reported in favor of a general reformation, on the principles re- commended by the author. But the subject was post- THOMAS JEFFERSON. 275 poned from session to session, for several years, without receiving a final determination ; and at length, became lost altogether in the crowd of more important matters. The idea of reducing to a single standard the discordant ratios of coins, weights and measures, has ever since, at different intervals, engaged the attention of learned statesmen in England, France, Spain and America ; but a fear of encountering the difficulties of a change of familiar denominations, with a natural attachment to established usage, has hitherto prevented the introduc- tion of a general uniformity in the systems of either country. 2. The report of the secretary of State on the cod and whale fisheries of the United States, is one of those ancient State papers which, unlike the innumerable mul- titude that perish with the occasion, seem destined to be perpetual. The subject was referred to him by Con- gress, on the 9th of August, 1790, in consequence of a representation from the legislature of Massachusetts, setting forth the embarrassments under which those great branches of their business labored, and soliciting the interference of the government in various ways. This sound and energetic report was submitted to Congress on the 4th of February, 1791. It was accept- ed, published, and applauded by the great majority of the people. The policy so urgently recommended by Mr Jefferson, was adopted ; and its utility was soon demon- strated, by the restoration to the United States, upon a prosperous and permanent footing, of one of their most important branches of domestic and maritime industry. 3. The report of the secretary of State on commerce and navigation. This paper was prepared in pursuance of a resolution of the house of representatives, passed on the 23d of February, 1791, instructing him to report to Congress the nature and extent of the privileges and restrictions of the commercial intercourse of the United States with foreign nations, and the measures which he 276 LIFE OF should think proper to be adopted for the improvement of their commerce and navigation. The administration of the foreign affairs of the repub- lic devolving, ex officio, on the secretary of State, the principal of his labors emanate from that source. Be- ing the organ of communication between the government and foreign nations, the preparing and communica- ting instructions to our ministers of every grade at the different courts, and the answering those of foreign min- isters of every grade resident in the United States, con- stitute a perpetual routine of arduous and complicated duties. Perhaps there was never a period in our history, in which these duties were more onerous and multiplied, than during the years 1791, '92, and '93. The United States were at issue, on the most delicate points of con- troversy, with England, France, and Spain ; and finally, the coalition of European despots against republican France, drove our government into the necessity of main- taining a strict and impartial neutrality towards the bel- ligerent parties — the most difficult posture it was ever called on to assume. With Spain, difficulties had arisen of a serious char- acter. They concerned chiefly the navigation of the Mississippi below our southern limit, the right to which was still withheld ; the settlement of boundaries between the two nations ; and the interference, on the part of Spain, with the tribes of Indians in our territories, in- citing them to frequent and ferocious depredations on our citizens. On all these points the talents of the secretary of State were constantly exercised in communicating and enforc- ing the opinions of the administration. On the subject of the Mississippi, his instructions to our minister at Madrid were rigorous and uncompromising. He insist- ed that the United States had a right not only to the un- molested navigation of that river, to its mouth, but also to an entrepot near thereto, in the dominions of Spain, sub- THOMAS JEI^FERSON. 277 ject to our jurisdiction exclusively, for the convenience and protection of our commerce. He grounded these rights upon the broad principle of the law of nature, that the inhabitants on both sides of a navigable river are entitled to the common use and e^ijoyment of it, to the ocean ; and that the right to use a thing compre- hends a right to all the means necessary to its use. The peculiar energy and urgency of his official communica- tions are in unison with the high tone of American feel- ing which he carried into every situation. On the subject of the boundaries between the United States and Spain, and the incendiary interference of the latter with the Indians on our territories, the communi- cations of Mr Jefferson gave a tone to the foreign ad- ministration of the government, distinguished alike for moderation and firmness. He uniformly pressed on our minister the importance of assuring the court of Spain, on fvery occasion, in respectful yet unequivocal terms, that the essential principles in dispute would nev- er be relinquished — preferring always a peaceful redress of grievances, yet fearless of war, if driven to that ex- tremity. Such however was the obstinacy of Spain, and her jealousy of a rising power in the West, which was one day to obliterate her American possessions, that although deprecating the possibility of war, she skilfully par- ried all attempts at negotiation, and secretly practised her wily arts with the Indians. This temporizing and inhuman policy at length drew forth from Mr Jeffer- son a bold address to the court of Spain itself, declar- ing the ultimate determination of the government, in lan- guage equally resolute and conciliatory. ' We love and we value peace ; we know its blessings from experience ; unmeddling with the affairs of other nations, we had hoped that our distance and our dispo- sitions, would have left us free, in the example and indul- gence of peace with all the world. We had with sin- cere and particular dispositions, courted and cultivated 24* 278 LIFE OF the friendship of Spain. Cherishing the same senti- ments, we have chosen to ascribe the unfriendly insinu- ations of the Spanish commissioners, in their intercourse with the government of the United States, to the peculiar character of the writers, and to remove the cause from them to their sovereign, in whose justice and love of peace we have confidence. If we are disappointed in this appeal, if we are to be forced into a contrary order of things, our mind is made up, we shall meet it with firmness. The necessity of our position will supersede all appeal to calculation now, as it has done heretofore. We confide in our own strength, without boasting of it : we respect that of others, without fearing it. If Spain chooses to consider our self defence against savage butch- ery as a cause of war to her, we must meet her also in war, with regret, but without fear ; and we shall be hap- pier to the last moment, to repair with her to the tribu- nal of peace and reason.' The controversy with Spain, on these several points, was continued with unabated ardor, while Mr Jefferson remained secretary of State. The rights in dispute were finally secured by treaty, on the principles con- tended for by him, except that the right to an entrepot at New Orleans was limited to three years. The prin- ciple of free bottoms, free goods, was also recognized ; and the practice of privateering was humanely restrain- ed. These were favorite ideas with Mr Jefi*erson. The treaty with Spain was concluded on the 27th of Octo- ber, 1795. In the midst of the contest with Spain, the secretary of State became involved in a diplomatic controversy with Mr Hammond, minister plenipotentiary of Great Britain to the United States. This controversy origin- ated in the non-execution of the treaty of peace ; in- fractions of which, in various particulars, had been mu- tually charged, by each upon the other party, ever since the conclusion of the war. Mr Jefferson directed the attention of the British minister to the subject, in a point- ed manner. He informed him that the British garrisons THOMAS JEFFERSON. 279 had not evacuated the western posts, in violation of an express stipulation to that effect in the seventh article, that the British officers had exercised jurisdiction over the country and inhabitants in the vicinity of these posts, that American citizens had been excluded from the navi- gation of the lakes, and that, contrary to the same arti- cle, a great number of negroes, the property of Ameri- can citizens, had been carried away on the evacuation of New York. Mr Hammond repliedj by admitting the alleged in- fractions, but justifying them on the ground of retalia- tion, the United States having previously, he declared, violated their engagements, by obstructing the payment of debts justly due to British creditors, and by refusing to make remuneration for repeated confiscations of Bri- tish property, during and since the war. To this, Mr Jefferson rejoined, on the 29th of May, '92, in a masterly communication of more than sixty pages octavo. He reviewed the whole ground of the controversy, from beginning to end, sustaining his for- mer positions and overturning those of the British minis- ter, by such arguments as drove his antagonist from the field. He showed that with respect to property confis- cated by the individual States, the treaty merely stipu- lated that Congress should recommend to the legislatures of the several States to provide for its restitution. That Congress had done all in their power, and all they were bound by the treaty to do ; that it was left with the States to comply or not, as they might think proper, with the recommendation of Congress, and that this was so understood by the British negotiators, and by the British ministry, at the time the treaty was concluded. He also claimed that the first infractions were on the part of Great Britain, by retaining the western posts, and by the deportation of negroes; and that the delays and impediments which had taken place in the collection of British debts, were justifiable on that account. 280 LIFE OF Hammond never undertook an answer to this com- munication. After more than a year had elapsed, with- out hearing any thing from him, Mr Jefferson invited his attention to the subject, and requested an answer. But Hammond evaded the challenge, alleging as an ex- cuse for his neglect, that he awaited instructions from his government. In this state the matter rested until it became merged in disputes of a more serious character, by the outbreaking of a general war in Europe, which changed the political relations of both continents. Against another pretension on the part of Great Bri- tain, and one which ultimately conduced to the second war with that nation, Mr Jefferson had the honor of opposing the first formal resistance of our government. This was the impressment of seamen on board Ameri- can ships, under color of their being British subjects. This custom was peculiar to England ; she had prac- tised it towards all other nations, from time immemo- rial, but with accumulated rigor towards the United States since their independence. She claimed the ab- solute right of going on board American ships, with her press-gangs, and constraining into her service all sea- men whatsoever, who could not produce upon the spot, written evidences of their citizenship. The consequence was that American citizens were frequently carried off, and subjected to multiplied cruelties, not only without evidence, but even against evidence. In opposition to this preposterous claim, the secretary of State proclaim- ed the determined voice of the government, and autho- rized a rigorous system of reprisal, unless the practice should be abandoned. He contended that American bottoms should he prima facie evidence that all on board were Americans, which would throw the burden of proof, where it ought to be, on those who set themselves up against natural right. Under date of June 11, 1792, he thus writes to our minister at London : THOMAS JEFFERSON. 281 ' We entirely reject the mode which was the subject of a conversation between Mr Morris and him, [British minister,] which was, that our seamen should always carry about them certificates of their citizenship. This is a condition never yet submitted to by any nation, one with which seamen would never have the precaution to comply : the casualties of their calling' would expose them to the constant destruction or loss of this paper evidence, and thus, the British government would be armed with legal authority to impress the whole of our seamen. The simplest rule will be, that the vessel being Ameri- can, shall be evidence that the seamen on board her are such. If they apprehend that our vessels might thus become asylums for the fugitives of their own nation from impressment, the number of men to be protected by a vessel may be limited by her tonnage, and one or two officers onJy be permitted to enter the vessel in order to examine the numbers on board ; but no press-gang should be allowed ever to go on board an American ves- sel, till after it shall be found that there are more than their stipulated number on board, nor till after the mas- ter shall have refused to deliver the supernumeraries (to be named by himself) to the press-officer who has come on board for that purpose ; and, even then, the Ameri- can consul should be called in. In order to urge a set- tlement of this point, before a new occasion may arise, it may not be amiss to draw their attention to the pecu- liar irritation excited on the last occasion, and the difii- culty of avoiding our making immediate reprisals on their seamen here.' On the subject of impressment Mr Jefferson's private opinion was, that American bottoms should be conchisive evidence that all on board were American citizens, in- asmuch as the right of expatriation was a natural right, the free enjoyment of which no nation had the authority to molest, with respect to any other nation, unless by special and mutual agreement. But the administration were not prepared, at this time, to carry their resistance to the principle, farther than was necessary for the pro- 282 LIFE OF tection of their own seamen, without affording an asylum for others. The Holy Alliance of European despots against the republic of France, in 1793, placed the United States in a new position. The situation of a neutral nation is always delicate and embarrassing ; but peculiarly so, when it is connected with the belligerent parties by ex- tensive commercial relations, and when its subjects are divided by powerful political partialities and antipathies towards the powers at war. This was precisely the situation of the United States. The frenzy of the popular excitement in favor of France, was greatly increased by the intemperate cha- racter of the minister of the French republic, Mr Genet. No sooner had this gentleman arrived in the United States, than, presuming on the state of public feeling, he began the design of forcing them to become a party to the war, by an extraordinary course of proceedings. He landed on the 8th of April, 1793, at Charleston, a port so remote from his points, both of departure and destination, as to excite attention; and' instead of pro- ceeding directly to Philadelphia and presenting his cre- dentials to the president, he remained in Charleston five or six weeks. While there, he was constantly engaged in authorizing the fitting and arming vessels in that port, enlisting men, foreigners and citizens, and giving 'them commissions to cruise and commit hostilities on the na- tions at war with France. These vessels were taking and bringing prizes into our ports ; and the consuls of France, by his direction, were assuming to hold courts of admiralty on them, to try, condemn, and authorize their sale as legal prize. All this was done and doing before Mr Genet had been received and accredited by the president, without his consent or consultation, in de- fiance of an express proclamation by the government, and in palpable contravention of the law of nations. These proceedings immediately called forth from the THOMAS JEFFERSON. 283 British minister several memorials thereon ; to which Mr Jefferson replied, on the 15th of May, condemning in the highest degree, the transactions complained ao^ainst, and assuring the British minister that the United States would take the most effectual measures to pre- vent their repetition. Mr Genet reached Philadelphia the next day. His progress through the country had been triumphal ; and he was received at Philadelphia amidst the plaudits and acclamations of the people. On his presentation to the president, he assured him that on account of the remote situation of the United States and other circumstances, France did not expect them to become a party in the war, but wished to see them preserve their prosperity and happiness in peace. But in a conference with the secretary of State, soon after his reception, he alluded to his proceedings at Charleston, and expressed a hope that the president had not absolutely decided against them. He added, that he would write the secretary a note, justifying his con- duct under the treaty between the two nations ; but if the president should finally determine otherwise, he must submit, as his instructions enjoined him to do what was agreeable to the Americans. In pursuance of his intimation, he addressed a letter to the secretary of State, on the 27th of May, in which it appeared that he was far from possessing a disposi- tion to acquiesce in the decisions of the government. This letter laid the foundation of a correspondence, which is confessedly unparalleled in the annals of di- plomacy. The communications of Mr Jefferson present a valuable commentary on the legal interpretation of treaties. They occupy a volume of the American State- papers ; and a mere outline of them, would exceed the limits prescribed to the present work. The communications of Genet, on the other hand, were a tissue of inflammatory declamation. To the reason- ings of Mr Jefferson on the obligations of the United 284 LIFE OF States to observe an impartial neutrality towards all the belligerent parties, he applied the epithet of ' diplo- matic subtilties.' And when he sustained the princi- ples advanced by him, by quotations from Vattel and other approved jurisconsults. Genet called them ' the aphorisms of Vattel,' &-c. ' You oppose,' said he, ' to my complaints, to my just reclamations, upon the foot- ing of right, the private or public opinion of the presi- dent of the United States ; and this segis not appearing to you sufficient, you bring forward aphorisms of Vattel, to justify or excuse infractions committed on positive treaties.' And he added, ' do not punish the brave in- dividuals of your nation who arrange themselves under our banner, knowing perfectly well, that no law of the United States gives to the government the sole power of arresting their zeal, by acts of rigor. The Americans are free : they are not attached to the glebe, like the slaves of Russia ; they may change their situation when they please, and by accepting at this moment the suc- cor of their arms in the habit of trampling on tyrants, we do not commit the plagiat of which you speak. The true robbery, the true crime would be to enchain the courage of these good citizens, of these sincere friends of the best of causes.' At other times he would address himself to the political feelings of Mr Jefferson himself, whom he had been induced to consider his per- sonal friend, and who, he said, ' had initiated him into mysteries which had inflamed his hatred against all those who aspire to an absolute power.' During the same time also Mr Genet was indus- triously engaged in disseminating seditious addresses among the people, and attempting, by every means in his power, to inflame their passions, and induce them to arise in arms against the enemies of France. Finally, after a controversy of several months, in the whole course of which, the mingled efiusions of arro- gance and intemperance were opposed to a moderation THOMAS JEFFERSON. 285 and forbearance which could not be betrayed into a single undignified expression, the American government came to the determination of desiring the recall of Mr Genet. This delicate duty was executed by Mr Jeffer- son, and in a manner which has doubtless united more opinions in its favor than any other diplomatic per- formance on record. On the 16th of August, 1793, he addressed a letter to Mr Morris, the minister of the United States at Paris, containing an epitome of the correspondence on both sides, assigning the reasons which rendered the recall of Mr Genet necessary, and directing the case to be immediately laid before the French government. It were vain to attempt a satisfactory analysis of this letter. To a full and dispassionate review of the transactions of Mr Genet, and an unanswerable vin- dication of the principles upon which the administra- tion had conducted itself in the controversy, assurances were added of an unwavering attachment to France, expressed in such terms as to impress every reader with their sincerity. The concluding paragraphs are too remarkable not to require an insertion. After introducing a series of quotations from Mr Genet's correspondence, which he deemed too offensive to be translated into English, or to merit a commen- tary, the author proceeded in the following dignified strain : ' We draw a veil over the sensations which these ex- pressions excite. No words can render them ; but they will not escape the sensibility of a friendly and mag- nanimous nation, who will do us justice. We see in them neither the portrait of ourselves, nor the pencil of our friends ; but an attempt to embroil both ; to add still another nation to the enemies of his country, and to draw on both a reproach, which it is hoped will never stain the history of either. The written proofs, of 25 286 LIFE OP which Mr Genet was himself the bearer, were too un- equivocal to leave a doubt that the French nation are constant in their friendship to us. The resolves of their national convention, the letters of their executive coun- cil attest this truth, in terms which render it necessary to seek in some other hypothesis, the solution of Mr Genet's machinations against our peace and friendship. ' Conscious, on our part, of the same friendly and sin- cere dispositions, we can with truth affirm, both for our nation and government, that we have never omitted a reasonable occasion of manifesting them. For I will not consider as of that character, opportunities of sally- ing forth from our ports to way-lay, ro1), and murder defenceless merchants and others, who have done us no injury, and who were coming to trade with us in the con- fidence of our peace and amity. The violation of all the laws of order and morality which bind mankind to- gether, would be an unacceptable offering to a just na- tion. Recurring then only to recent things, after so afflicting a libel, we recollect with satisfaction, that in the course of two years, by unceasing exertions, we paid up seven years' arrearages and instalments of our debt to France, which the inefficiency of our first form of government had suffered to be accumulating : that press- ing on still to the entire fulfilment of our engagements, we have facilitated to Mr Genet the effect of the instal- ments of the present year, to enable him to send relief to his fellow citizens in France, threatened with famine : that in the first moment of the insurrection which threat- ened the colony of St Domingo, we stepped forward to their relief with arms and money, taking freely on our- selves the risk of an unauthorized aid, when delay would have been denial : that we have received, according to our best abilities, the wretched fugitives from the catas- trophe of the principal town of that colony, who, escap- ing from the swords and flames of civil war, threw them- selves on us naked and houseless, without food or friends, money or other means, their faculties lost and absorbed in the depth of their distresses : that the exclusive ad- mission to sell here the prizes made by France on her enemies, in the present war, though unstipulated in our treaties, and unfounded in her own practice or in that THOMAS JEFFERSON. 287 of Other nations, as we believe ; the spirit manifested by the late grand jury in their proceedings against those who had aided the enemies of France with arms and implements of war ; the expressions of attachment to his nation, with which Mr Genet was welcomed on his arrival and journey from South to North, and our long forbearance under his gross usurpations and outrages of the laws and authority of our country, do not bespeak the partialities intimated in his letters. And for these things he rewards us by endeavors to excite discord and distrust between our citizens and those whom they have entrusted with their government, between the different branches of our government, between our nation and his. But none of these things, we hope, will be found in his power. That friendship which dictates to us to bear with his conduct yet a while, lest the interests of his nation here should suffer injury, will hasten them to replace an agent, whose dispositions are such a misrepre- sentation of theirs, and whose continuance here is incon- sistent with order, peace, respect, and that friendly cor- respondence which we hope will ever subsist between the two nations. His government will see too that the case is pressing. That it is impossible for two sovereign and independent authorities to be going on within our terri- tory at the same time without collision. They will fore- see that if Mr Genet perseveres in his proceedings, the consequences would be so hazardous to us, the example so humiliating and pernicious, that we may be forced even to suspend his functions before a successor can ar- rive to continue them. If our citizens have not already been shedding each other's blood, it is not owing to the moderation of Mr Genet, but to the forbearance of the government. ' Lay the case then immediately before his govern- ment. Accompany it with assurances, which cannot be stronger than true, that our friendship for the nation is constant and unabating ; that faithful to our treaties, we have fulfilled them in every point to the best of our un- derstanding ; that if in any thing, however, we have con- strued them amiss, we are ready to enter into candid ex- planations, and to do whatever we can be convinced is right ; that in opposing the extravagances of an agent, whose character they seem not sufficiently to have known, 288 LIFE OF we have been urged by motives of duty to ourselves and justice to others, which cannot but be approved by those who are just themselves ; and finally, that after inde- pendence and self-government, there is nothing we more sincerely wish than perpetual friendship with them.' This appeal to the justice and magnanimity of France, was successful. Genet was recalled, and his place sup- plied by Mr Fauchet, who arrived in the United States in February, 1794. On the last day of December, 1793, Mr JeiFerson re- signed the office of secretary of State, and retired from political life. This was not a sudden resolution on his part; nor unexpected to his country. The political dis- agreement between himself and the secretary of the treasury, added to his general disinclination to office, was the cause of his retirement. This disagreement origina- ting in a fundamental difference of opinion, and aggra- vated by subsequent oollisions in the cabinet, was reflect- ed back upon the people, and aggravated in turn, the agitations and animosities between the republicans and federalists, of which they were respectively the leaders. Having discovered in a letter from the president, while on a journey to the south, that he intended to resign the administration at the end of his first term, he decided on making that the date of his own retirement. This resolution was formed so early as April, 1791 ; and first communicated to the president in February, 1792. The private conversations held between these two great pub- lic servants, at different periods during their official con- nection, attest the sincerity of their attachment to each other, and the fervor of their devotion to the country. While both were sighing for retirement, each endeavored to dissuade the other from it, as an irreparable public calamity. THOMAS JEFFERSON. 289 CHAPTER XI. After five and twenty years' continual employment in the public service, with every wish of personal ambition more than gratified, Mr Jefferson returned with great satisfaction to that mode of life which had always been congenial to him, and from which he was resolved never again to be diverted. In answer to a letter of the secre- tary of State, soon after his resignation, containing an invitation of the president, pressing his return to the public councils, he wrote : ' No circumstances, my dear sir, will ever more tempt me to engage in any thing pub- lic. I thought myself perfectly fixed in this determina- tion when I left Philadelphia, but every day and hour since has added to its inflexibihty. It is a great pleasure to me to retain the esteem and approbation of the presi- dent, and this forms the only ground of any reluctance at being unable to comply with every wish of his. Pray convey these sentiments and a thousand more to him, which my situation does not permit me to go into.' In the cultivation of his farm, with which he was at all times enamored, and to which he was now intently devoted, Mr Jefferson was as philosophical and original as in every other department of business. On and around the mountain on which Monticello is situated, was an estate of about 5000 acres owned by him ; of which eleven hundred and twenty acres only were under culti- vation. A ten years' abandonment of his lands to the ravages of overseers, had brought on them a degree of deterioration, far beyond what he had expected ; and he 25* 290 LIFE OP determined upon the following plan for retrieving them from the wretched condition in which they were found. He divided all his lands under culture, into four farms, and every farm into seven fields of forty acres. Each farm therefore consisted of two hundred and eighty acres. He established a system of rotation in cropping, which embraced seven years ; and this was the reason for the division of each farm into seven fields. In the first of these years, wheat was cultivated ; in the second, Indian corn ; in the third, peas or potatoes ; in the fourth, vetches ; in the fifth, wheat ; and in the sixth and seventh, clover. Thus each of his fields yielded some produce every year, and the rotation of culture, while it prepar- ed the soil for the succeeding crop, increased its produce. Each farm, under the direction of a particular steward or bailiff, was cultivated by four negroes, four negresses, four oxen, and four horses. On each field was con- structed a barn sufficiently capacious to hold its produce in grain and forage. A few extracts from his private correspondence, at this period, will show how complete- ly his mind was abstracted from the political world, and absorbed in the occupations and enjoyments of his rural retreat. To James Madison. — ' I long to see you. I am pro- ceeding in my agricultural plans with a slow but sure step. To get under full way will require four or five years. B-ut patience and perseverance will accomplish it. My little essay in red clover, the last year, has had the most encouraging success. I sowed then about forty acres. I have sowed this year about one hundred and twenty, which the rain now falling comes very oppor- tunely on. From one hundred and sixty to two hundred acres, will be my yearly sowing. The seed-box describ- ed in the agricultural transactions of New- York, reduces the expense of seeding from six shillings to two shillings and three pence the acre, and does the business better than is possible to be done by the human hand.' To W. B. Giles. — * I sincerely congratulate you on THOMAS JEFFERSON. 291 the great prosperities of our two first allies, the French and Dutch. If I could but see them now at peace with the rest of their continent, I should have little doubt of dining with Pichegru in London, next autumn ; for I be- lieve I should be tempted to leave my clover for a while, and go and hail the dawn of liberty and republicanism in that island. I shall be rendered very happy by the visit you promise me. The only thing wanting to make me completely so, is the more frequent society of my friends. It is the more wanting, as I am become more firmly fixed to the glebe. If you visit me as a farmer, it must be as a condisciple ; for I am but a learner, an eager one indeed, but yet desperate, being too old to learn a new art. However, I am as much delighted and occu- pied with it, as if I was the greatest adept. I shall talk with you about it from morning till night, and put you on very short allowance as to political aliment. Now and then a pious ejaculation for the French and Dutch republicans, returning with due dispatch to clover, pota- toes, wheat, &:.c.' To M. Page. — ' It was not in my power to attend at Fredericksburg according to the kind invitation in your letter, and in that of Mr Ogilvie. The heat of the weather, the business of the farm, to which I have made myself necessary, forbade it; and to give one round reason for all, mature sanus, I have laid up my Rosinante in his stall, before his unfitness for the road shall expose him faltering to the world. But why did not I answer you in time 1 Because, in truth, I am encouraging my- self to grow lazy, and I was sure you would ascribe the delay to any thing sooner than a want of affection or re- spect to you, for this was not among the possible causes. In truth, if any thing could ever induce me to sleep another night out of my own house, it would have been your friendly invitation and my solicitude for the subject of it, the education of our youth. I do most anxiously wish to see the highest degrees of education given to the higher degrees of genius, and to all degrees of it, so much as may enable them to read and understand what is going on in the world, and to keep their part of it go- ing on right : for nothing can keep it right but their own vigilant and distrustful superintendence.' 292 LIFE OF With the peaceful operations of agriculture, Mr Jef- ferson combined another gratification — to wit, the pur- suit of science. In compliment to his uncommon pas- sion for philosophy, and his exalted attainments in science, he was about this time appointed president of the American Philosophical Society, the oldest and most distinguished institution in the United States. This honor had been first conferred on Dr Franklin, and afterwards on Rittenhouse, at whose death Mr JeflTerson was chosen. His sensibility to this mark of distinction was more profound than he had ever felt on any occa- sion of political preferment. ' The suffrage of a body,' said he in reply, ' which comprehends whatever the American world has of distinction in philosophy and science in general, is the most flattering incident of my life, and that to which I am the most sensible. My satisfaction would be complete, were it not for the con- sciousness that it is far beyond my titles. I feel no qualification for this distinguished post, but a sincere zeal for all the objects of our institution, and an ardent desire to see knowledge so disseminated through the mass of mankind, that it may, at length, reach even the extremes of society, beggars, and kings.' Of this society he was the pride and ornament. He presided over it for a number of years with great effi- ciency, elevating its character, and extending its opera- tions, by those means which his enlarged acquaintance with science and the literary world enabled him to com- mand. His constant attendance at its meetings, while he resided in Philadelphia, gave them an interest which had not been excited for a number of years. Science, under his auspices, received a fresh impulse, as will ap- pear by consulting the Transactions of that period, which were enriched by many valuable contributions from him- self. But it was impossible for Mr Jefi'erson utterly to ex- tinguish that inbred republicanism for which he was THOMAS JEFFERSON. 293 so remarkable, or those anxieties for its preservation and purity, which weighed on him so heavily at times. He had left Philadelphia not without some inquietude for the future destinies of the government, yet with a confidence so strong as never permitted him to doubt the final result of the experiment. Early in the year 1795, the two great parties of the nation became firmly arrayed against each other, on the question of providing a successor to General Washing- ton. Mr Adams was taken up by the federalists, and Mr Jefterson was undividedly designated as the republi- can candidate. The contest was conducted with great asperity. In fierceness and turbulence of character, in the temper and dispositions of the respective parties, and in the principles which were put in issue, the contest so strong- ly resembled those of which the present generation have been frequent eye-witnesses and actors, as to ren- der a description unnecessary. The issue is well known. The struggle of the people against the party in power is always an unequal one ; and was lost on the present occasion. The majority, however, was inconsiderable. On counting the electoral votes in February, 1797, it appeared there. were seventy-one for Mr Adams, and sixty-eight for Mr Jefferson, 294 LIFE OF CHAPTER XII. The new administration, under John Adams, com- menced on the 4th of March, 1797. Mr Jejfiferson arrived at the seat of government on the 2d of March. Though there was no necessity for his attendance, he had determined to come on, from a prin- ciple of respect to the pubUc and the new president. He had taken the precaution, however, to manifest his disapprobation of the forms and ceremonies, establish- ed at the first inauguration, by declining all participa- tion in the homage of the occasion. As soon as he was certified by the public papers of the event of the elec- tion, he addressed a letter to Mr Tazewell, senator of Virginia, expressing his particular desire to dispense with the formality of notification by a special messen- ger. At the first election of president and vice presi- dent, gentlemen of considerable distinction were depu- ted to notify the parties chosen ; and it was made an ofiice of much dignity. But this expensive formality was as unnecessary as it was repugnant to the genius of our government ; and he was anxious that the prece- dent should not be drawn into custom. He therefore authorized Mr Tazewell to request the senate, if not in- compatible with their views of propriety, to discontinue the practice in relation to himself, and to adopt the channel of the post, as the least troublesome, the most rapid, and by the use of duplicates and triplicates, al- ways capable of being rendered the most certain. He THOMAS JEFFERSON. 295 addressed another letter at the same time to Mr Madi- son, requesting him to discountenance in his behalf, all parade of reception, induction, &.c. There was another point, involving an important con- stitutional principle, on which Mr Jefferson improved the occasion of his election to introduce a salutary re- formation in the practice of the government. During the previous administration, the vice president was made a member of the cabinet, and occasionally participated in the executive consultations, equally with the mem- bers of the cabinet proper. This practice he regarded as a combination of legislative with executive powers, which the constitution had wisely separated. He avail- ed himself, therefore, of the first opening from a friend- ly quarter, to announce his determination to consider the office of vice president as legitimately confined to legislative functions, and to sustain no part whatever in the executive consultations. In a letter to Mr Madi- son, dated Monticello, January 22, 1797, he says : ' My letters inform me that Mr Adams speaks of me with great friendship, and with satisfaction in the prospect of administering the government in concurrence with me. I am glad of the first information, because, though I saw that our ancient friendship was affected by a little leaven, produced partly by his constitution, partly by the contrivance of others, yet I never felt a diminution of confidence in his integrity, and retained a solid af- fection for him. His principles of government I knew to be changed, but conscientiously changed. As to my participation in the administration, if by that he meant the executive cabinet, both duty and inclination will shut that door to me. As to duty, tliel constitution will know me only as the member of a legislative body ; and its principle is, that of a separation of legislative, executive, and judiciary functions, except in cases speci- fied. If this principle be not expressed in direct terms, yet it is clearly the spirit of the constitution, and it 296 LIFE OP ought to be so commented and acted on by every friend to free government.' In the first moments of the enthusiasm of the inaugu- ration, Mr Adams forgot party sentiments, and indi- cated a disposition to harmonize with the republican body of his fellow citizens. He called upon Mr Jefferson on the 3d of March, and expressed great pleasure at find- ing him alone, as he wished a free conversation with him. He entered immediately on an explanation of the situation of our affairs with France, and the danger of a rupture with that nation ; that he was impressed with the necessity of an immediate mission to the directory ; that it would have been the first wish of his heart to have got Mr Jefferson to go there, but that he supposed it was now out of the question. That he had determined on sending an embassy, which by its dignity should sa- tisfy France, and by its selection from the three great divisions of the continent, should satisfy all parts of the United States ; in short, that he determined to join Madison and Gerry to Finckney, and he wished Mr Jefferson to consult Madison in his behalf. He did so, but Mr Madison declined, as was expected. After that he never said a word to Mr Jefferson on the subject, nor ever consulted him as to any measures of the adminis- tration. From the warmth with which Mr Jefferson embarked in opposition to the administration, it might be inferred that he permitted his political feelings to influence him in the discharge of his oflicial duties. But tliis was not the case. He presided over the senate with dignity, and, although it was composed for the most part of his political enemies, with an impartiality, which the rancor of the times never attempted to impeach. How atten- tive he was to the duties of his station, and how accu- rately he understood the rules of parliamentary order, is attested by his ' Manual,' a work which he at this THOMAS JEFFERSON. 297. time published, and which has ever since been the guide of both houses of Congress. Soon after the election of Mr Adams, the political contest for his successor was renewed with increased ve- hemence. Mr Jefferson was again, with one accord, selected as the republican candidate for the presidency, and Aaron Burr of New York, for the office of Vice President. With equal unanimity, John Adams, the in- cumbent, and Charles C. Pinkney of South Carolina, were designated as the candidates of the federal party. It would be tedious to describe the opposition offered to Mr Jefferson. The press cast the strongest reflec- tions upon his political principles, and in some instances the pulpit was made the organ of party. The strife which then raged was of a nature, the vehemence of which has seldom been equalled. Mr Jefferson was ac- cused of having betrayed his native State into the hands of the enemy on two occasions while at the head of the government, by a cowardly abandonment of Richmond on the sudden invasion of Arnold, and subsequently, by an ignominious flight from Monticello on the approach of Tarlton, with circumstances of such panic and pre- cipitation as to occasion a fall from his horse, and the dislocation of his shoulder. He was charged with being the libeller of Washington, and the retainer of mer- cenary libellers to blast the reputation of the father pf his country. He was accused of implacable hostility to the constitution, of employing foreign scribblers to write it down ; and of aiming at the annihilation of all law, order, and government, and the introduction of general anarchy and licentiousness. He was characterized as an atheist, and the patron of French atheists, Avhom he encouraged to migrate to this country ; as a demagogue and disorganizer, industriously sapping the foundations of religion and virtue, and paving the way for the es- tablishment of a legalized system of infidelity and liber- tinism. Decency would revolt were we to pursue' the 26 298 LIFE OP catalogue into that region of invective, vv^hicli was em- ployed to vilify his private character, and which abounded in fabrications that have been the theme of infinite rid- icule, in prose and verse. While the madness of party was thus raging, and at- tempting to despoil him of his reputation, Mr Jefferson remained a passive spectator of the scene. Supported by a consciousness of his innocence, he surveyed, with composure, the tempest of detraction which was howl- ing around him. His confidence in the justice of public opinion was stronger than his sensibility under its tem- porary reproaches, and he quietly submitted to the licen- tiousness of the press, as an alloy which was inseparable from the boon of its freedom. Besides, he felt an ani- mating pride in being made the subject of the first great experiment in the world, which was to test the sound- ness of his favorite principle, 'that freedom of discus- sion, unaided by power, was sufficient for the protection and propagation of truth.' Although frequently solicited by his friends, he never would descend to a newspaper refutation of calumny ; and he ne/er, in any instance, appealed to the retribution of the laws. ' 1 know,' he wrote to a friend in Connecticut, ' that I might have filled the courts of the United States with actions for these slanders, and have ruined, perhaps, many persons who are not innocent. But this would be no equivalent for the loss of character. I leave them, therefore, to the reproof of their own consciences. If these do not con- demn them, there will yet come a day when the false witness will meet a judge who has not slept over his slanders. If the Rev. Cotton Mather Smith, of Shena, believed this as firmly as I do, he would surely never have affirmed that I had obtained my property by fraud and robbery ; that in one instance I had defrauded and robbed a widow and fatherless children of an estate to which I was executor, of ten thousand pounds sterling, by keeping the property and paying them in money at THOMAS JEFFERSON. 299 tlie nominal rate, when it was worth no more than forty to one ; and that all this could be proved.' Every tittle of this, grave denunciation was founded in falsehood. Mr Jefferson was an executor but in two instances, which happened about the beginning of the revolution; and he never meddled in either executorship. In one of the cases only were there a widow and children. She was his sister, and retained and managed the estate exclu- sively in her own hands. In the other case he was co- parcener, and only received on division the equal por- tion allotted him. Again, his property was all patrimo- nial, except about seven or eight hundred pounds' worth, purchased by himself and paid for, not to widows and orphans, but to the gentleman from whom he purchased. The charges against Mr Jefferson were indeed so auda- cious, and persevered in with such assurance, as to ex- cite the solicitude of his friends in different sections of the union ; and they addressed him frequent letters of inquiry on the subject. These he invariably answered with frankness and liberality ; but he annexed to every answer a restraint against its publication. In a letter of this kind to Samuel Smith of Maryland, he concludes : ' These observations will show you how far the impu- tations in the paragraph sent me approach the truth. Yet they are not intended for a newspaper. At a very early period of my lile, I determined never to put a sen- tence into any newspaper. I have religiously adhered to the resolution through my life, and have great reason to be contented with it. Were I to undertake to answer the calumnies of the newspapers, it would be more than all my own time and that of twenty aids could effect. For while I should be answering one, twenty new ones would be invented. I have thought it better to trust to the justice of my countrymen, that they would judge me by what they see of my conduct on the stage where they have placed me, and what they knew of me before the epoch, since which a particular party has supposed it might answer some view of theirs to vilify me in the 300 LIFE OP public eye. Some, I know, will not reflect how apocry- phal is the testimony of enemies so palpably betraying the views with which they <»ive it. But this is an injury to which duty recjuires every one to submit whom the public tliink proper to call into its councils. I thank you, my clear Sir, for the interest you have for me on this occasion. Though J have made up my mind not to suffer calumny to disturb my tranquillity, yet I retain all my sensibilities for the approbation of the jj^ood and just. That is, indeed, the chief consolation for the hatred of so many, who, without the least personal knowledge, and on the evidence of mercenary calumniators alone, cover me with their implacable hatred. The oidy return I will ever make them, will be to do them all the good I can, in spite of their teeth.' Mr Jefferson was successful over his competitor by a vote of seventy-three to sixty-five, in the electoral colleges. The States of New York, Virginia, South Carolina, Georgia, Kentucky and Tennessee, were unanimous for him. The New England States, with Delaware and New Jersey, were unanimous for Mr Adams. Pennsylvania and North Carolina, acting by districts, gave a majority of votes to Mr .Tefferson ; and Maryland was equally divided between the two candi- dates. But owing to a defect in the constitution, or an inat- tention to its provisions, an unexpected contingency arose, which threatened to reverse the will of the nation, and to place in the executive chair a man who, it was notorious, had not received a solitary vote for that sta- tion. Mr Jefferson was elected president, and Aaron Burr vice president, by an equal number of votes ; and as the constitution required no specification of the office for which each respectively was designed, but simply confined the choice to the person having the highest number of votes, the consequence was that neither had the majority required by law. In this dilemma, the election devolved on the house of representatives, and THOMAS JEFFERSON. 301 produced storms of an unprecedented character. The federalists seized on the occasion, to favor their own pecu- liar political principleso They held a caucus, and resolved on the alternative, either to elect Burr in the room of Jefferson, or, bj preventing a choice altogether, to create an interregnum. In the latter event, they agreed to pass an act of Congress, devolving the government on a president, pro tem, of the senate, who would per- haps have been a person of their choice. On the 11th of February, the house proceeded in the manner prescribed by the constitution to elect a presi- dent of the United States. The representatives were required to vote by States, instead of by persons. On opening the ballots it appeared that there were eight States for Mr Jefferson, six for colonel Burr, and two divided ; consequently there was no choice. The pro- cess was repeated, and the same result was indicated, through FIVE successive days and nights, and thirty- five ballotings. During this long suspense, the decision depended on a single vote ! Either one of the federalists from the divided States, Vermont and Maryland, coming over to the republican side, would have made a ninth State, and decided the election in favor of Mr Jefferson. But the opposition appeared invincible in the resolution to have a president of their ow^n choice. ' Mr N. a representative from Maryland, had been for some weeks confined to his bed, and was so ill that his life was considered in danger. Ill as he was, he insisted on being carried to the hall of representatives, in order to give his vote. The physicians forbade such a pro- ceeding ; he insisted, and they appealed to his wife, telling her that such a removal, and the consequent ex- citement, might prove fatal to his life. " Be it so, then," said she, "if my husband must die, let it be at the post of duty ; no weakness of mine shall oppose his noble resolution." How little did these physicians expect> 26* 302 LIFE OF when they appealed to the influence of one of the fond- est and most devoted of wives, this courage. Of course they withdrew their opposition ; the patient was car- ried, in a Htter, to the capitol, where a bed was pre- pared for him in an ante-room adjoining the senate chamber, followed by his wife, where, during the four or five days and nights of balloting, she remained by his side ; supporting the strength of the feeble invalid, who with difficulty traced the name of Jefferson each time the ballot box was handed to him. Such was the spirit of that day — the spirit of that party !' Finally, on the thirty-sixth ballot the opposition gave way, apparently from exhaustion. Mr Morris of Ver- mont withdrew, which enabled his only colleague, Lyon, to give the vote of that State to Mr Jefferson. The four federalists from Maryland, who had hitherto supported Burr, voted blanks, which n>ade the positive ticket of their colleagues the vote of that State. South Carolina and Delaware, both represented by federalists voted blanks. So there were on the last ballot, ten States for Mr Jefferson, four for colonel Burr, and two blanks."^ The result, on being proclaimed, was greeted with ap- plause from the galleries, which were immediately or- dered by the speaker to be cleared. Mr Jefferson did not receive a federal, nor colonel Burr a democratic vote. The latter became, of course, vice president ; but his apostacy separated him irretrievably from the con- fidence of the republicans, while it demonstrated his fitness for those treasonable purposes of ambition which he subsequently manifested. * On the last ballot, Vermont, New York, New Jersey, Pennsyl- vania, Maryland, Virginia, North Carolina, Georgia, Kentucky and Tennessee, voted for Mr Jefferson. New Hampshire, Massachu- setts, Connecticut, and Rhode Island, for colonel Burr. Delaware and South Carolina, voted blanks. THOMAS JEFFERSON. 303 CHAPTER XIII. On the fourth of March, 1801, Mr Jefferson was in- ducted into office. The crowd of strangers who had thronged the city during the previous period of agitation, had disappeared, on the understanding that it was the pleasure of the president to be made the subject of no homage or ceremony. The city of Washington had been occupied, as the seat of government, but a few months only ; the number of its inhabitants, at this time, did not exceed that of a small village ; the individuals composing the late administration, had taken their departure with the ex-president, early on the fourth of March ; and now, divested of half its migratory population, the infant metropolis presented a solitary appearance. The sim- plicity of the scene, and of the ceremony of inaugura- tion, is described by a Washington reminiscent : — 'The sun shono bright on that morning. The senate was con- vened. Those members of the republican party that re- mained at the seat of government, the judges of the su- preme court, some citizens, and persons from the neigh- boring country, and about a dozen ladies, made up the as- sembly in the senate chamber, who were collected to wit- ness the ceremony of the president's inauguration. Mr Jefferson had not yet arrived. He was seen walking from his lodo:ino:s, which were not far distant, attended by five or six gentlemen, who were his fellow lodgers. Soon afterwards he entered, accompanied by a commit- tee of the senate, and bowing to the senate, who arose to receive him. he approached a table on which the bible 304 LIFE OP lay,aiid took the oath which was administered to him by the chief justice. He was then conducted, by the president of the senate, to his chair, which stood on a platform raised some steps above the floor ; after the pause of a moment or two he arose and delivered that beautiful in- augural address wliich has since become so popular and celebrated, with a clear, distinct voice, in a firm and modest manner. — On leaving the chair he was surround- ed by friends who pressed forward with cordial and eager congratulations. The new president walked home with two or three of the gentlemen who lodged in the same house. At dinner he took his accustomed place at the bottom of the table, his new station not eliciting from his democratic friends any new attention or courtesy. A gentleman from Baltimore, an invited guest, who acci- dentally sat next to him, asked permission to wish him joy, ^' I would advise you," answered Mr Jefferson, smil- ing, " to follow my example on nuptial occasions, when I always tell the bridegroom I w^ill wait till the end of the year before offering my congratulations." And this was the only and solitary instance of any notice taken of the event of the morning.' In the short compass in which the inaugural address of Mr Jefferson is compressed, the essential principles of a free government are stated, with the measures best calculated for their attainment and security, and an am- ple refutation of adverse principles. Nor was it intended as an ostentatious display of his political sentiments. The principles advanced in it were subsequently reduced to practice. James Madison was appointed secretary of State ; Al- bert Gallatin, secretary of the Treasury ; General Dear- born, secretary of War; Robert Smith, secretary of the Navy ; and Levi Lincoln, attorney general. Agreeably to the example set by himself, the vice president was not invited to take any part in the executive consultations. He addressed a circular to the heads of departments es- THOMAS JEFFERSON. 305 tablishing the mode and degree of communication be- tween them and the president. All letters of business addressed to himself, were referred by him to the proper department to be acted upon. Those addressed to the secretaries, with those referred to them, were all com- miiTlicated to the president, whether an answer was re- quired or not ; in the latter ^ase simply for his informa- tion. If an answer was requisite, the secretary of the department communicated the letter and his proposed answer. If approved, they were simply sent back after perusal ; if not, they were returned with an informal note suggesting an alteration or query. If any doubt of importance arose, he reserved it for conference. At the threshold of his administration, Mr Jefferson was met by difficulties which called into requisition all the firmness of his character. He found the principal offices of the government, and most of the subordinate ones, in the hands of his political opponents. This state of things required prompter correctives than the tardy effects of death and resignation. On him, therefore, for the first time, devolved the disagreeable enterprize of ef- fecting this change. The general principles of action which he sketched for his guide on this occasion, were the following : 1st, All appointments to civil office, du~ ring pleasure," made after the event of the election was certainly known to Mr Adams, were considered as nulli- ties. He did not view the persons appointed as even candidates for the office, but replaced others without no- ticing or notifying them. 2d, Officers who had been guilty of official mal-conduct were proper subjects of re- moval. 3d, Good men, to whom there was no objection but a difference of political principle, practised on so far only as the right of a private citizen would justify, were not proper subjects of removal, except in the case of attorneys and marshals. The courts being so decid- edly federal, it was thought that those offices, being the doors of entrance, should be exercised by republican cit- izens, as a shield to the republican majority of the na- 306 , LIFE OF tion. 4th, Incumbents who had prostituted their offices to the oppression of their fellow citizens, ought, in justice to those citizens, to be removed, and as examples to de- ter others from like abuses. To these means of introducing the intended change, was added one other in the course of his administration — to wit, removal for electioneering activity, or open and industrious opposition to the principles of the govern- ment. ' Every officer of the government,' said he, ' may vote at elections according to his own conscience ; but we should betray the cause committed to our care, were we to permit the influence of official patronage to be used to overthrow that cause.' In all new appointments, the president confined his choice to republicans, or re- publican federalists. The change in the public offices was the first measure of importance which gave a character of originality to the administration. Various abuses existed, dependent on executive indulgence, which soon called into action the reforming hand of the president. In a letter of the president to JNathaniel Macon, member of Congress from North Carolina, in May, 1801, it is curious to notice the following laconic statement of the progress and in- tended course of reform : ' Levees are done away. ' The first communication to the next Congress will be, like [all subsequent ones, by message, to which no answer will be expected. ' The diplomatic establishment in Europe wnll be re- duced to three ministers. ' The compensations to collectors depend on you, and not on me. 'The army is undergoing a chaste reformation. 'The navy will be reduced to the legal establishment by the last of this month. 'Agencies in every department Avill be revised. ' ^e shall push you to the uttermost in economizing. 'A very early recommendation had been given to the THOMAS JEFFERSON. 307 Post Master General to employ no printer, foreigner, or revolutionary tory, in any of his offices. This depart- ment is still untouched. ' The arrival of Mr Gallatin, yesterday, completed the organization of our administration. During the short interval of time between his inaugu- ration and the meeting of the first Congress, the atten- tion of the president was occupied in maturing his plans for republicanizing the government ; and in carrying them into execution, in all cases where he possessed the power independently of the legislature. The courtly custom of levees, with the train of attendant forms and ceremonies, had its origin with the government. Gen- eral Washington resisted the importunities to introduce them, for three weeks after his induction into office. At last he yielded, and Colonel Humphreys, a gentleman of great parade, was charged with the arrangement of ceremonies on the first occasion. Accordingly an ante- chamber and presence-room were provided ; and when the company who were to pay their court, had assem- bledj the president advanced, preceded by Humphreys. After passing through the ante-chamber, the door of the inner room was thrown open, and Humphreys entered first, calling out with a loud voice, ' The president of the United States.' The president was so much discon- certed, that he never recovered from it during the whole time of the levee. After the company had retired, he said to Humphreys, ' Well, you have taken me in once, but by — you shall never take me in a second time.' He never allowed the same form to be repeated, but had the company introduced as they entered the room, where he stood to receive them. The levees were continued un- der Mr Adams. Repeated at short intervals, and ac- companied, as they were, by a general course of enter- tainment, they were unnecessarily expensive and ob- structive of business. Mr Jefferson discontinued them. He had but two public days for the reception of compa- 308 LIFE OF ny — the fourth of July and first of January. On these occasions, the doors of his house were thrown open, and the most Uberal hospitality provided for the entertain- ment of visitors of every grade without distinction. So much for the demolition of forms. With these a system of substantial reformation was vigorously prose- cuted by the president. The introduction of economy in the public expenditures was the cardinal principle of this system. To diminish the number and weight of public burthens, and establish a frugal system of gov- ernment, which ' should not take from the mouth of labor the bread it had earned.' To this end, the army and navy were reduced into republican peace establishments ; or rather to the ultimate point of reduction, confided to. executive discretion. Farther than this, he could not go without the concurrence of the legislature. The amount of force, including regulars and militia, which the several acts of the preceding administration had au- thorized the president to raise, was considerably over 100,000 men. Mr Jefferson reduced the army to four a*egiments of infantry, two regiments of artillerists and engineers, and two troops of light dragoons. The next year, by the consent of the legislature, he reduced it to two regiments of infantry, one regiment of artillerists, and a corps of engineers, or to about three thousand men. He visited in person each of the departments, and obtained a catalogue of the officers employed in each, with a statement of their wages and amount of duties. Those under his own immediate charge, were subjected to the same scrutiny. Thence he extended his enquiries over the whole territory of the republic, and compre- hended in the revision all those, who under any species of public employment, drew inoney from the treasury. This done, he immediately commenced the reduction of all such offices as he deemed unnecessary, whose tenure depended on executive discretion. The inspectors of the internal revenue were discontinued in a mass. They THOMAS JEFFERSON. 309 comprised a large body of treasury men, dispersed over the country. Various other agencies, created by executive authority, on salaries fixed by the same au- thority, were deemed superfluous. These were all sup- pressed. The diplomatic establishment was reduced to three ministers, all that the public interests required — namely, to England, France, and Spain. He called in foreign ministers who had been absent eleven, and even seventeen years ; and established the rule which he had formerly recommended to General Washington, by whom it was approved — that no person should be continued on foreign mission beyond a term of six, seven or eight years. But the great mass of the public offices, being established by law, required the concurrence of the leg- islature to discontinue them. The President formed the design of introducing some wholesome improvements in the established code of inter- national intercourse, by engaging in concurrence and peaceable co-operation, a coalition of the most liberal powers of Europe. These improvements respected the rights of neutral nations, and were original conceptions with himself and Dr Franklin. He desired to see the established law of nations abolished, which authorized the taking the goods of an enemy from the ship of a friend ; and to have substituted in its place, by special compacts, the more rational and convenient rule, that free ships should make free goods. The vexatious ef- fects of the former principle upon neutral nations peace- ably pursuing their commerce, and its tendency to em- broil them with the powers involved in war, were suffi- cient reasons for its universal abandonment ; while the operation of the latter principle, leaving the nations at peace to enjoy the common rights of the ocean unmo- lested, was more favorable to the interests of commerce, and lessened the occasions and the vexations of war. Be- sides, the principle of 'free bottoms, free goods,' he con- tended, was the genuine dictate of national morality, 37 310 LIFE OF and the converse, which had unfortunately obtained, a corruption originally introduced by accident between States* then predominating upon the ocean, and after- wards adopted from the mere force of example, by oth- er nations, as they successively appeared upon the the- atre of general cemnierce. The president desired to see this improvement so far carried out as to abolish the pernicious distinction of contraband of war, in the articles of neutral commerce. He regarded the practice of entering the siiip of a friend to search and seize what was called contraband of war, as a violation of natural right, and extremely liable to abuse. ' War between two nations,' says he, * cannot di- minish the rights of the rest of the world remaining at peace. The doctrine that the rights of nations remain- ing quietly in the exercise of moral and social duties, are to give way to the convenience of those who prefer plundering and murdering one another, is a monstrous doctrine ; and ought to yield to the more rational law", that " the wrons; which two nations endeavor to inflict on each other, must not infringe on the rights or con- veniences of those remaining at peace." And what is contraband, by the law of nature ? Either every thing which may aid or comfort an enemy, or nothing. Either all commerce which would accommodate him is unlaw- ful, or none is. The difference between articles of one or another description, is a difference in degree only. No line between them can be drawn. Either all inter- course must cease between neutrals and belligerents, or all be permitted. Can the world hesitate to say which shall be the rule 1 Shall two nations turning tigers, break up in one instant the peaceable relations of the whole world 1 Reason and nature clearly pronounce that the neutral is to go on in the enjoyment of all its rights, that its commerce remains free, not subject to the jurisdiction of another, nor consequently its vessels to search, or to enquiries whether their contents are the * Venice and Genoa. THOMAS JEFFERSON. 311 property of an enemy, or are of those articles which have been called contraband of war.' These opinions and arguments he communicated in the form of instructions, to Robert R. Livingston, nom- inated as minister plenipotentiary to France the day af- ter his inauguration. They were communicated unoffi- cially, however, and with the express reservation, that they were not to be acted upon until the war in Europe, which threatened to embroil us with the principal bellige- rents, should be brought to a termination. The same principles had been repeatedly sanctioned by the govern- ment, and he entertained little doubt of the concurrence of his constitutional advisers. They formed a part of those instructions of Congress, drafted by himself in 1784, to the first American ministers appointed to treat with the nations of Europe ; and which were acceded to by Prussia and Portugal. In the renewal of the treaty with Prussia, they had been avoided, at the instance of our then administration, lest it should seem to commit us against England on a question then threatening decision by the sword ; and in the late treaty with the last named power, they had been abandoned by our envoy, Avhich constituted a principal ground of opposition to that me- *morable negotiation. Scarcely had the president entered upon the duties of his office, when our commerce in the Mediterranean was interrupted by the pirates. Tripoli, the least considera- ble of the Barbary powers, came forward with demands unfounded either in right or compact, and avowed the determination to extort them at the point of the sword, on our failure to comply peaceably before a given day. The president with becoming energy, immediately put in operation such measures of resistance as the urgency of the case demanded, without waiting the advice of Con- gress. The style of the challenge admitted but one answer. He sent a squadron of frigates into the Medi- terranean, with assurances to the Bey of Tripoli of our 312 LIFE OP sincere desire to remain in peace ; but with orders to pro- tect our commerce, at all hazards, against the threaten- ed attack. The Bey had ah'eady declared war in form. His cruisers were out ; two had arrived at Gibraltar. Our commerce in the Mediterranean was blockaded ; and that of the Atlantic in peril. The arrival of the American squadron dispelled the danger. One of the Tripolitan cruisers having fallen in with and engaged a small schooner of ours, which had gone out as a tender to the larger vessels, was captured with a heavy slaugh- ter of her men, and without the loss of a single one on our part. This severe chastisement, with the extraor- dinary skill and bravery displayed by the Americans, quieted the pretensions of the Bey, and operated as a caution in future to that desperate community of free- booters. On the 8th of December, 1801, Mr Jefferson made his first annual communication to Congress, hy message. It had been the uniform practice with his predecessors to make their first communications on the opening of Con- gress, by personal address, to which a formal answer was immediately returned by each house separately. The president always used to go in state, as it was called, to deliver his speech. He moved to the capitol, preced- ed by the marshal and constables of the district, with their white staffs, and accompanied by the heads of de- partments, the members of Congress, and a numerous procession of citizens. On these occasions he always wore his sword. A desire to impart a more popular character to the government by divesting it of a ceremo- nial which partook in some degree of the character of a royal pageant, a regard to the convenience of the legis- lature, the economy of their time, and relief from the embarrassments of immediate answers, induced Mr Jef- ferson to adopt the mode ef communication by message, to which no answer was returned. And his example has been followed by all succeeding presidents. THOMAS JEFFERSON. 313 The president announced in his message that the ces- sation of hostilities in Europe had produced a consequent cessation of those irregularities which had afflicted the commerce of neutral nations ; and restored the ordinary communications of peace and friendship between the principal powers of the earth. That our intercourse with the Indians on our frontiers, was marked by a spirit of mutual conciliation and forbearance, highly advanta- geous to both parties. That our relations with the Bar- bary States were in a less satisfactory condition, and such as to inspire the belief that measures of offence ought to be authorized, sufficient to place our force on an equal footing with that of its adversaries. That the increase of population within the last ten years, as indi- cated by the late census, proceeded in such an unexam- pled ratio as promised a duplication every twenty-two years. That this circumstance, combined with others, had produced an augmentation of revenue which pro- ceeded in a ratio far beyond that of population, and au- thorized a reduction of such of its branches as were par- ticularly odious and oppressive. Accordingly he recommended the abolition of all the internal taxes, comprehending excises, stamps, auctions, licences carriages, and refined sugars ; to which he add- ed the postage of newspapers to facilitate the progress of information. The remaining sources of revenue, aid- ed by the extensive system of economy which he propos- ed to introduce, would be sufficient, he contended, to provide for the support of government, to pay the inter- est of the public debt, and to discharge the principal in a shorter period than the laws or the general expecta- tion had contemplated. As supplemental, however, to the proposition for dis- continuing the internal taxes, he recommended a dimi- nution of the public disbursements, by the abolition of all superfluous drafts upon the treasury. He informed the legislature of the progress he had already made in 27* 314 LIFE OF this department of public duty, by the suppression of all unnecessary offices, agencies and missions, which depend- ed on executive authority ; and recommended to their consideration a careful revision of the remainder. ' Con- sidering,' says he, ' the general tendency to multiply of- fices and dependencies, and to increase expense to the ultimate term of burthen which the citizen can bear, it behooves us to avail ourselves of every occasion which presents itself, for taking off the surcharge ; that it never may be seen how that, after leaving to labor the smallest portion of its earnings on which it can subsist, govern- ment shall itself consume the residue of what it was in- stituted to guard.' In order to multiply barriers against the dissipation of the public money, he recommended Congress to establish the practice of specific appropriations, in all cases sus- ceptible of definition ; to reduce the undefined field of contingencies ; and to bring back to a single department for examination and approval, all accountabilities for re- ceipts and expenditures. He directed the attention of Congress to the army, and advised the reduction of the existing establishment to the number of garrisons actually necessary, and the number of men requisite for each garrison. A standing army in time of peace was both unnecessary and dan- gerous. The militia was the main pillar of defence to the country, and the only force which could be ready at every point to repel invasion, until regulars could be pro- vided to relieve them. This consideration rendered im- portant a careful review, at every session, of the existing organization of the militia, and the amendment of such defects as from time to time might show themselves in the system, until it should be made sufficiently perfect. ' Nor should we now,' said he, ' or at any time separate, until we can say we have done everything for the militia which we could do were an enemy at our door.' With respect to the navy, although a difference of opin- THOMAS JEFFERSON. 315 ion might exist as to the extent to which it should be car- ried, yet all would agree that a small force was continu- ally wanted for actual service in the Mediterranean. All naval preparations beyond this, the president thought, should be confined to the provision of such articles as might be kept without waste or consumption, and be in readiness for any exigence which might occur. The president was of opinion, that agriculture, man- ufactures, commerce and navigation, were most disposed to thrive when left most free to individual enterprise. Protection from casual embarrassments, however, might sometimes be seasonably interposed ; and was clearly within the constitutional limits of Congress. He submitted to the serious consideration of the leg-is- lature the judiciary system of the United States, and sug- gested the expediency of rescinding that branch of it, recently erected, should it appear on examination to be superfluous, of which he entertained no doubt. While on the subject of the judiciary, he commended to their protection the * inestimable institution of juries,' urging the propriety of their extension to all cases involving the security of our persons or property, and the necessity of their impartial selection. The president warmly recommended a revisal of the laws on the subject of naturahzation, and an abbrevia- tion of the period prescribed for acquiring citizenship. The existing regulation, requiring a residence of four- teen years, was a denial of citizenship to a great propor- tion of those who asked it, obstructing the prosperous growth of the country, and incompatible with the hu- mane spirit of our laws. After commending to them prudence and temperance in discussion, which were so conducive to harmony and rational deliberation within their own walls, and to that consolidation of sentiment among their constituents which was so happily increasing, the president concluded as follows : ' That all should be satisfied with any one or- 316 LIFE OF der of tilings, is not to be expected ; but I indulge the pleasing persuasion that the great body of our citizens will cordially concur in honest and disinterested efforts, which have for their object to preserve the general and state governments in their constitutional form and equi- librium, to maintain peace abroad, and order and obedi- ence to the laws at home ; to establish principles and practices of administration favorable to the security of liberty and property, and to reduce expenses to what is necessary for the useful purposes of government.' The first message of the first democratic president of the United States, was anticipated with a fever of popu- lar impatience. On its appearance, sensations diametri- cally opposite were excited in the two great divisions of the political public. The fundamental features of his policy, as publicly delineated by the president, were too unequivocal and strongly marked not to realize the ex- pectations of his supporters, and the necessary appre- hensions of his adversaries. His propositions for lessen- ing the expenditures of the previous administrations, by the abolition of sinecures, and the establishment of a rigid accountability with the remaining offices of the government ; for cutting down the army, and relying for ordinary protectio-n on the unpensioned resource of an omnipresent militia ; for reducing the navy to the actual force required for covering our commerce from the rav- ao-es of the common enemies of Christendom ; for the gradual and systematic extinguishment of the public debt, in derision of the monarchical maxim that ' a na- tional debt is a national blessing' ; for circumscribing discretionary powers over money, by establishing the rule of specific appropriations ; for restoring the hospi- table policy of the government towards aliens, and fugi- tives from foreign oppression ; for multiplying barriers around the sovereignty of the States and the liberties of the people, against the encroachments of the federal au- thorities ; by crippling the despotism of the judiciary, THOMAS JEFFERSON. 317 and lopping fronri it a supernumerary member engrafted by his predecessors for political purposes; all these propositions were seized with avidity by his opponents, and made one by one, a topic of censure or of raillery. On the other hand, innumerable addresses of thanks by republican assemblies, and by individual champions of the republican party, were communicated to him from every section of the union. To these he retKrned pub- lic or private answers, according to the nature of the address. But of all the measures of reform recommended in the president's message, none was so extensive, as the prop- osition to suppress all the internal taxes. This was in- deed a solid inculcation of the principles of republicanism. In proposing to disband all these at a stroke, the presi- dent meditated the disarming the government of an im- mense resource of executive patronage and preponder- ance, besides relieving the people of a surcharge of taxa- tion. The disinterestedness of the transaction was only equalled by its boldness, at which the republicans them- selves were considerably alarmed. In a letter to one of them, dated December 19, 1801, the president wrote : ' You will perhaps have been alarmed, as some have been, at the proposition to abolish the whole of the internal taxes. But it is perfectly safe. They are under a million of dollars, and we can economize the government two or three millions a year. The impost alone gives us ten or eleven millions annually, increasing at a compound ra- tio of six and two thirds per cent, per annum, and con- sequently doubling in ten years. But leaving that in- crease for contingencies, the present amount will support the government, pay the interest of the public debt, and discharge the principal in fifteen years. If the increase proceeds, and no contingencies demand it, it will pay off the principal in a shorter time. Exactly one half of the public debt, to wit, thirty-seven millions of dollars, is owned in the United States. That capital then will be set afloat, to be employed in rescuing our commerce 318 LIFE OF from the hands of foreigners, or in agriculture, canals, bridges, or other useful enterprises. By suppressing at once the whole internal taxes, we abolish three-fourths of the offices now existing, and spread over the land. Seeing the interest you take in the public affairs, I have in- dulged myself in observations flowing from a sincere and ardent desire of seeing our aflairs put into an honest and advantageous train.' The first Congress which assembled after Mr Jeffer- son came into power, contained an ascendency of repub- licanism in both houses ; with just enough of opposition to hoop the majority indissolubly together, and induce the legislature to move in strong co-operation with the executive. They erected into laws all the fundamental changes recommended by the president, and thereby enabled him to carry through a system of administration which substantially revolutionized the government. To other specific improvements might be added the general simplification of the system of finance, in which he was powerfully aided by Gallatin ; and the establish- ment of the permanent rule of definite appropriations of money for all objects susceptible of definition, so that every person in the United States might know for what purpose, and to what amount, every fraction of the pub- lic expenditure was applied. His watchfulness over this department of administration, the operations of which are so intimately interwoven with all human concerns, is forcibly illustrated by the following letter to the secre- tary of the treasury. ' I have read and considered your report on the oper- ations of the sinking fund, and entirely approve of it, as the best plan on which we can set out. I think it an object of great importance, to be kept in view and to be undertaken at a fit season, to simplify our system of finance, and bring it within the comprehension of every member of Congress. ' I like your idea of kneading all the little scraps and fragments into one batch, and adding to it a comple- THOMAS JEFFERSON. . 319 mentaiy sum, which, while it forms it into a single mass from which every thing is to be paid, will enable us, should a breach of appropriation ever be charged on us, to prove that the sum appropriated, and more, has been applied to its specific object. ' But there is a point beyond this, on which I should wish to keep my eye, and to which I should aim to ap- proach by every tack which previous arrangements force on lis. That is, to form into one consolidated mass all the moneys received into the treasury, and to marshal the several expenditures, giving them a preference of payment according to the order in which they shall be arranged. As for example. 1. The interest of the pub- lic debt. 2. Such portions of principal as are exigible. 3. The expenses of government. 4. Such other portions of principal as, though not exigible, we are still free to pay when we please. The last object might be made to take up the residuum of money remaining in the treasury at the end of every year, after the three first objects were complied with, and would be the barometer whereby to test the economy of the administration. It would fur- nish a simple measure by which every one could mete their merit, and by which every one could decide when taxes w^ere deficient or superabundant. If to this can be added a simplification of the form of accounts in the treasury department, and in the organization of its offi- cers, so as to bring every thing to a single centre, we might hope to see the finances of the Union as clear and intelligible as a merchant's books, so that every member of Congress, and every man of any mind in the union, should be able to comprehend them, to investigate abu- ses, and consequently to control them. ' I have suggested only a single alteration in the re- port, which is merely verbal, and of no consequence. We shall nowjret rid of the commissioner of the internal revenue, and superintendent of stamps. It remains to amalgamate the comptroller and auditor into one, and re- duce the register to a clerk of accounts ; and then the organization will consist, as it should at first, of a keep- er of money, a keeper of accounts, and the head of the department. 1 have hazarded these hasty and crude ideas, which occurred on contemplating your report. 320 . LIFE OF They may be the subject of future conversation and cor- rection.' The purchase of Louisiana from France, had long been a favorite object with Mr Jefferson, as essential to removing from the United States a continual and eternal collision and cause of war with the European possessor, besides securing to us the exclusive navigation of the western waters, and an immeasurable region of fertile country. The territory of Louisiana was originally col- onized by France. In 1762, the greater part of it, in- cluding the island of New Orleans, was ceded to Spain ; and by the general treaty of peace which followed the Canadian war in '63, the whole territory of France and Spain, eastward of the Mississippi to the Ibberville, thence through the middle of that river to the sea, was ceded to Great Britain. Under the former possession by France, the territory embraced what is denominated West Florida. Spain during the war of the revolution conquered this, with East Florida, from Great Britain, and acquired the right to them both by the treaty of '83. While in the hands of Spain, the United States acquired the right to a free navigation of the Mississippi, and to an entrepot at New-Orleans. About this time, to wit, in 1800, Spain restored to France the whole of Louisia- na according to its ancient and proper limits. This transfer was attended with a suspension of our right of deposit at New-Orleans, and opened to us in the opin- ion of the president, the prospect of a complete reversal of all our friendly relations with France. In view of the threatening crisis, he immediately joined Mr Monroe as envoy extraordinary, to R. R. Livingston, minister res- ident at the French court, with instructions joint and several to negotiate the purchase of Louisiana from France. In the letter to Mr Monroe conveying the no- tice of his appointment, the president says ; ' All eyes, all hopes are now fixed on you ; and were you to decline, THOMAS JEFFERSON. 321 the chagrin would be universal, and would shake under your feet the high ground on which you stand with the public. For on the event of this mission may depend the future destinies of this republic. If we cannot, by a purchase of the country, insure to ourselves a course of joerpetual peace and friendship with all nations, then, as war cannot be distant, it behooves us immediately to be preparing for that course, without, however, hasten- ing it ; and it may be necessary, on your failure on the continent, to cross the channel. We shall get entangled in European politics, and figuring more, be much less happy and prosperous. This can only be prevented by a successful issue to your present mission I am sensi- ble after the measures you have taken for getting into a different line of business, that it will be a great sacrifice on your part, and presents from the season and other circumstances, serious difficulties. But some men are born for the public. Nature, by fitting them for the service of the human race on a broad scale, has stamp- ed them with the evidences of her destination and their duty.' The personal agency of Mr Jefferson in this achieve- ment was of the most laborious character. In addition to his official instructions communicated through the secretary of State, his private letters to our ministers, and to influential characters in France, on whose fidelity and friendship he relied, are ample testimonials of his ardor and indefatigableness in the prosecution of the en- terprize. Among these, is the following, addressed to Mr Livingston. * The cession of Louisiana and the Floridas by Spain to France, works most sorely on the United States. On. this subject the secretary of State has written to you ful- ly, yet I cannot forbear recurring to it personally, so deep is the impression it makes on my mind. It com- pletely reverses all the political relations of the United 28 322 LIFE OP States, and will form anew epoch in our political course. Of all nations of any consideration, France is the one, which, hitherto, has offered the fewest points on which we could have any conflict of right, and the most points of a communion of interests. From these causes we have ever looked to her as our natural friend, as one with which we never could have an occasion of differ- ence. Her growth, therefore, we viewed as our own, her misfortunes ours. There is on the globe one single spot, the possessor of which is our natural and habitual enemy. It is New-Orleans, through which the produce of three-eighths of our territory must pass to market, and from its fertility it will ere long yield more than half of our whole produce, and contain more than half of our inhabitants. France, placing herself in that door, assumes to us the attitude of defiance. Spain might have retained it quietly for years. Her pacific dispositions, her feeble state, would induce her to in- crease our facilities there, so that her possession of the place would be hardly felt by us, and it would not, per- haps, be very long before some circumstances might arise, which might make the cession of it to us the price of something of more worth to her. Not so can it ever be in the hands of France : the impetuosity of her tem- per, the energy and restlessness of her character, yjlaced in a point of eternal friction with us, whilst our character, which, though quiet and loving peace and the pursuit of wealth, is high-minded, despising wealth in competition with insult or injury, enterprising and energetic as any nation on earth, are circumstances which render it im- possible that France and the United States can continue long friends, when they meet in so irritable a position. They, as well as we, must be blind, if they do not see this ; and we must be very improvident if we do not be- gin to make arrangements on that hypothesis. The day that France takes possession of New-Orleans, fixes the sentence which is to restrain her for ever within her low- water mark. It seals the union of two nations, who, in conjunction, can maintain exclusive possession of the ocean. From that moment we must marry ourselves to the British fleet and nation. We must turn all our at- tentions to a maritime force, for which our resources THOMAS JEFFERSON. 323 place us on very high ground : and having formed and connected together a power which may render reinforce- ment of her settlements here impossible to France, make the first cannon which shall be fired in Europe the sig- nal for tearing up any settlement she may have made, and for holding the two continents of America in seques- tration for the common purposes of the United British and American nations. This is not a state of things we seek or desire. It is one which this measure, if adopted by France, forces on us as necessarily, as any other cause, by the laws of nature, brings on its necessary ef- fect. It is not from a fear of France that we deprecate this measure proposed by her. For however greater her force is than ours, compared in the abstract, it is nothing in comparison of ours, when to be exerted on our soil. But it is from a sincere love of peace, and a firm persuasion, that, bound to France by the interests and the strong sympathies still existing in the minds of our citizens, and holding relative positions which in- sure their continuance, we are secure of a long course of peace. Whereas, the change of friends, which will be rendered necessary if France changes that position, em- barks us necessarily as a belligerent power in the first war of Europe. In that case, France will have held possession of New-Orleans during the interval of a peace, long or short, at the end of which it will be wrested from her. Will this short lived possession have been an equiv- alent to her for the transfer of such a weight into the scale of her enemy ? Will not the amalgamation of a young, thriving nation, continue to that enemy the health and force which are at present so evidently on the de- cline ? And will a few years possession of New-Or- leans add equally to the strength of France 1 She may say she needs Louisiana for the supply of her West In- dies. She does not need it in time of peace, and in war she could not depend on them, because they would be so easily intercepted. I should suppose that all these con- siderations might, in some proper form, be brought into view of the government of France. Though stated by us, it ought not to give offence ; because we do not bring them forward as a menace, but as consequences not con- trollable by us, but inevitable from the course of things. 324 LIFE OF We mention them not as things which we desire by any means, but as things we deprecate ; and we beseech a friend to look forward and to prevent them for our com- mon interests.' ***** *I have no doubt you have urged these considerations, on every proper occasion, with the government where you are. They are such as must have effect, if you can find means of producing thorough reflection on them by that government. The idea here is, that tlie troops sent to St Domingo, were to proceed to Louisiana after fin- ishing their work in that island. If this were the ar- rangement, it will give you time to return again and again to the charge. For the conquest of St Domingo will not be a short work. It will take considerable time, and wear down a great number of soldiers. Every eye in the United States is now fixed on the affairs of Louisiana. Perhaps nothing, since the revolutionary war, has pro- duced more uneasy sensations through the body of the na- tion. Notwithstanding temporary bickerings have taken place with France, she has still a strong hold on the affec- tions of our citizens generally. I have thought it not amiss, by way of supplement to the letters of the secretary of State, to write you this private one, to impress you with the importance we affix to this transaction. I pray you to cherish Dupont. He has the best dispositions for the continuance of friendship between the two nations, and perhaps you may be able to make a good use of him.' On the 30th of April 1803, the negociation was con- cluded, and the entire province of Louisiana was ceded to the United States for the sum of fifteen millions of dollars. The American negociators seized the favorable moment to urge the claims of American merchants on the French government, for spoliations on their proper- ty, which were allowed to the amount of three millions seven hundred and fifty thousand dollars, and the bar- gain M^as thus closed. This important acquisition more than doubled the territory of the United States, trebled the quantity of fertile country, secured the uncontrolled navigation of the Mississippi and its tributaries, and opened an independent outlet for the produce of THOMAS JEFFERSON. 325 the western States, free from collision with other pow- ers, and the perpetual dangers to our peace from that source. The treaty was received with approbation by the great majority of the nation. There were some, however, particularly in the eastern States, who wrote and declaimed strenuously against it. They saw in the great enlargement of our territory the seeds of a future dismemberment of the union, by a separation into east- ern and western confederacies. On the other hand, it was the opinion of the president, that the acquisition would prove an additional bond of union, rather than a cause of dismemberment ; that the larger our associa- tion was, the less it would be shaken by local factions ; and that no one could presume to limit the extent to which the federative principle might operate effectively. Mr Madison maintained the same opinion in the Feder- alist ; and experience has hitherto confirmed it. But in any view of the case, were those apocryphal dangers worthy a moment's consideration, when contrasted w^th the certain and incalculable blessings of the conquest, as well positive and immediate, as by the avoidance in future, of those interminable calamities which would have ensued from a contrary state of things 1 Was it not better that the opposite bank of the Mississippi should be settled by our own brethren and children, than by strangers of adverse feelings and principles ? With which should we have been most likely to have lived in harmony and friendly intercourse, down to the present day? To General Gates. — ^'I accept with pleasure, and with pleasure reciprocate your congratulations on the acquisition of Louisiana : for it is a subject of mutual congratulation, as it interests every man of the nation. The territory acquired, as it includes all the waters of the Missouri aud Mississippi, has more than doubled the area of the United States, and the new part is not infe- rior to the old, in soil, climate, productions, and impor- 28* 326 LIFE OP tant communications. If our legislature dispose of it with the wisdom we have a right to expect, they may make it the means of tempting all our Indians on the east side of the Mississippi to remove to the West, and of condensing instead of scattering our population. To M. DupoNT De Nemours. — ' The treaty which has so happily sealed the friendship of our two countries, has been received here with general acclamation. Some in- flexible opponents have still ventured to brave the public opinion. For myself and my country I thank you for the aids you have given in it ; and I congratulate you on having lived to give those aids in a transaction replete with blessinos to unborn millions of men, and which will mark the face of a portion on the globe so extensive as that which now composes the United States of America. * * * Our policy will be to form New Orleans and the country on both sides of it on the Gulf of Mexico, into a State ; and, as to all above that, to transplant our Indians into it, constituting them a Marechaussee to pre- vent emigrants crossing the river, until we shall have fil- led up all the vacant country on this side. This will se- cure both Spain and us as to the mines of Mexico, for half a century, and we may safely trust the provisions for that time to the men who shall live in it.' When the treaty arrived, the president convened Con- gress at the earliest day practicable, for its ratification and execution. The federalists in both houses declaim- ed and voted against it, but they were now so reduced in numbers as to be incapable of serious opposition. The question on its ratification in the senate was decided by twenty-four against seven. The vote in the house of rep- resentatives for making provision for its execution, was carried by eighty-nine against twenty-three. Mr Pichon, minister of France, proposed, according to instructions from his government, to have added to the ratification a protestation against any failure in time or other circum- stances of execution on our part. He was told by the president, that in that case a counter protestation would be annexed on our part, which would leave the thing THOMAS JEFFERSON. 327 exactly where it was ; that tlie negotiation had been con- ducted from the commencement to its present stage, with a frankness and sincerity honorable to both nations: that to annex to this last chapter of the transaction such an evidence of mutual distrust, would be to change its aspect dishonorably to both parties ; that we had not the smallest doubt that France would punctually execute her part. Seeing the ratification passed, and the bills for execution carrying by large majorities in both hou- ses, Mr Pichon, like an able and honest minister, un- dertook to do what he knew his employers would have done with a like knowledge of the circumstances, and ex- changed the ratifications. Commissioners were imme- diately deputed to receive possession. They proceeded to New Orleans with such regular troops as were garri- soned in the nearest posts, and some militia of the Mis- sissippi territory. To be prepared for any thing unex- pected, which might arise out of the transaction, a re- spectable body of militia was ordered to be in readiness in the states of Ohio, Kentucky and Tennessee. No oc- casion, however, arose for their services. Our commis- sioners, on their arrival at New Orleans, found the prov- ince already delivered by the commissaries of Spain to that of France, who delivered it over to them on the 20th of December, 1803. The circumstance ought not to be overlooked that this mighty acquisition, exceeding in territory the great- est monarchy in Europe, was achieved without the guilt or calamities of blood, from a military autocrat, whose ceaseless ambition was a universality of empire, and who, in the untamable pursuit of his purpose, went on demolishing nations at a blow, and partitioning the earth at pleasure, until vanquished by the consolidated power of Europe. ' There is no country,' says a writer, * like the valley of the Mississippi on the face of the globe. — Follow the mighty amphitheatre of rocks that nature has heaped around it. Trace the ten thousand rivers that 328 LIFE or unite their waters in tlie mighty Mississippi ; count the happy millions that already crowd and animate their banks — loading their channels with a mighty produce. Then see the whole, bound by the hand of nature in chains which God alone can sever, to a perpetual union at one little connecting point ; and by that point fasten- ing itself by every tie of interest, consanguinity, and feeling, to the remotest promontory on our Atlantic coast. A few short years have done all this ; and yet ages are now before us : ages in which myriads are des- tined to multiply throughout its wide spread territory, extending the greatness and the happiness of our country from sea to sea. What would we have been without the acquisition of Louisiana ? What were we before it ? God and nature fixed the unalterable decree, that the nation which held New Orleans should govern the whole of that vast region. France, Spain, and Great Britain, had bent their envious eyes uj)on it. And their intrigues, if matured, would eventually have torn from us that vast paradise which reposes upon the western waters. * * Other conquests bring with Uiern misery and oppression to the luckless inhabitant. This brought emancipation, civil and religious freedom, laws, wealth.' The humane and conciliatory policy extended to- wards the Indians on our frontiers, was another distin- miishiuff feature of the administration. A free and friendly commerce was opened between them and the United States. Trading houses were established among them, and necessaries furnished them in exchange for their commodities, at such moderate prices as were only a remuneration to us, while highly advantageous to them. Instead of relying on an augmentation of military force, proportioned to our constant extension of frontier, the president recommended a gradual enlargement of the capital employed in this species of commerce, as a more eftectual, economical and humane instrument for pre- serving peace with the aborigines. The visible and tan- THOMAS JEFFERSON. 329 gible advantages of civilization were spread before their eyes, with a view to train their minds insensibly to the reception of its moral blessings. They were liberally supplied with the implements of husbandry, and house- hold use; instructors in the arts of first necessity were stationed and maintained among them ; the introduction of ardent spirits into their limits, was ])rolubited, at the request of many of their chiefs ; and llie punishment of death by hanging was commuted into death by military execution, which was less repugnant to their minds, and diminished the obstacles to the surrender of the criminal. The practice of the art of vaccination, lirst success- fully introduced into tins country by the exertions of president JeiVerson, was made by him to diiVuse its bles- sings among the Indians, with an efl^ct as astonishing as it was humane and endearing. The terrible pestilence, of which this discovery proved an antidote, was even more fatal in its ravages among the natives of the wil- derness than in civili/cd society. The medical skill of their physicians had not attained even to an assuagement of its violence. Whole tribes were swept away at a blast. They opposed no other shield against its attacks than flight, or the fortitude of martyrs. By the persuasions and exertions of the president, they were induced to be- lieve in the elhcacy of vaccination as a preventive. Com- ing from so good a father, they thought it must have been sent him from the Great Spirit ; and whole nations sub- mitted to the process of inoculation, with the warmest benedictions on their benevolent protector. These conciliatory measures of the government, with the most rigorous enactments against the intrusion of in- cendiaries and hostile emissaries, established and main- tained a course of friendly relations with the Indians, which was uninterrupted by war with any tribe during Mr Jefferson's administration. Out of this continued state of peace and reciprocal kindness, treaties sprung up annually, which secured to the United States great ac- 330 LIFE OF cessions to tlieir territorial title. The same year of the acqiiisitioii of Louisiana, wasdistiiigiiished by tlie purchase from the Kaskaskias of that vast and fertile country ex- tending along the Mississippi, from the mouth of the Illinois to tlic Ohio ; whicli was followed, the next year, by the relinquishment from the Delawares of the native title to all the country between the Wabash and Ohio. These acquisitions comprehended the territory which forms the present states of Illinois and Indiana. They were soon followed by other purchases of great extent and fertility, from the northern tribes, and from the Chickasaws, Cherokees and Creeks of the southern. The amount of national domain, to which the native ti- tle was extinguished under Mr .leiVerson, embraced near- ly one hundred millions of acres. In exchange for this, with the addition of an uninterrupted peace with them, the United States had only to pay inconsiderable annui- ties in animals, in money, in the iniplements of agricul- ture, and to extend to them their patronage and protec- tion. The administration of Mr Jefferson in relation to for- eign powers, was based upon the broad princij)les of his inaugural maxim — ' peace, commerce, and honest friend- ship with all nations, entangling alliances with none.' His opinions on commerce were the same as those incul- cated in his report in '03; and they were such as have since been sanctioned by the government. The ports of the United States were declared open to all nations without distinction, and the unmolested enjoyment of the ocean, as the common theatre of navigation, was claim- ed as an inviolable right. Freedom was offered for freedom, and ])rohibition was opposed to prohibition with every nation on the globe. A free system of com- merce, which should leave to nations the exchange of mutual surplusses for mutual wants, on the basis of easy and exact reciprocity, was his desire ; but if any nation, deceived by calculations of interest into a contrary sys- THOMAS JEFFERSON. 331 tem, should defeat that wish, his determination was fixed to meet inequalities abroad by countervailing inequalities at home, as the only eft'ectnal weapon of coercion and of self-protection. With regard to treaties, it was the sys- tem of the president to have none with any nation, as far as could be avoided. The United States were not in a situation to command reciprocal advantages, and to none other would lie suc- cumb by a written compact. Tl>e existing treaties, therefore, were permitted to expire vvitliout renewal, ayd all overtures for treaty with other nations were de- clined, lie believed also, that witli nations as with in- dividuals, dealings might be carried on as advantageous- ly, perhaps more so, while their continuance depended on voluntary and reciprocal good treatment, as if fixed by a permanent contract, which, when it became injuri- ous to either party, was made, by forced constructions, to mean what suited them, and became a cause of war, instead of a bond of peace. He had a perfect horror at every tiling like connecting ourselves witli the politics of Euro|)e. They were governed by so many false prin- ciples, that he deemed a temporary acquiescence under these, preferable to entangling ourselves with them by alliances extorted from our present imbecility on the water. Peace was now our most important interest, and a recovery from debt. ' If we can delay but for a few years,' he wrote to an American minister, ' tlie ne- cessity of vindicating the laws of natnre on the ocean, we shall be the more sure of doing it with effect. The day is within my time as well as yours, lohen ive may suy hy what laws other nations shall treat us on the sea. And we will say it. In the mean time we wish to let every treaty we have drop off without renewal.' With regard to the IJritish government, in particular, he had so little confidence that they would voluntarily retire from their habitual wrongs in the impressment of our seamen, that without an express stipulation to that effect, he was sat- 332 LIFE OP isfied we ought never to tie up our hands by treaty, from the right'of passing non-importation or non-intercourse acts, to make it their interest to become just. Out of this keen sensibility to maritime injuries, a transaction arose which afforded a pretext for torrents of abuse upon the president. A committee of the senate called on him with two resokitions of that body on the subject of impressment and spoliations by Great Britain, and urged the importance of an extraordinary mission, to demand satisfaction. The president was averse to the measure. The members of the other house appli(iid to him individually, and represented the responsibility which a failure to obtain redress would throw on him, while pursuing a course in opposition to the opinion of nearly every member of the legislature. He found it necessary, at length, to yield to the general sense of the legislative body ; and accordingly nominated Mr Mon- roe as minister extraordinary, to join Mr Pinckney, at the British Court. Explicit instructions were given them to conclude no treaty without a specific article guarding against impressments. After a tedious nego- tiation they succeeded in concluding a treaty — the best probably that could be procured — but containing no pro- vision against future aggressions on our seamen, which was made an express sine qua non in their instructions. There was no excuse for such an omission ; for on re- ceiving information from our negociators, that they had it in their power to sign such a treaty, the president in return had apprised them that should it be forwarded it could not be ratified, and he recommended a resumption of negociations for inserting the stipulation in question. The treaty came to hand exactly in the exceptionable shape which the administration had predetermined against. The president rejected it on his own respon-- sihility^ and transmitted instructions to put the treaty into an acceptable form, if practicable; otherwise, to back out of the negociation as well as they could. THOMAS JEFFERSON. 333 Besides the abandonment of the principle which was the great object of the extraordinary mission, there were other material objections to the treaty, which were sup- posed to justify the president in rejecting it. Tiie Brit- ish commissioners appeared to have screwed every ar- ticle as far as it would bear, to have surrendered nothing, and taken every thing. There was but a single article in the treaty, the expunging of which would have left such a preponderance of evil in all the others, as to h^ve made it worse than no treaty ; and even that article ad- mitted only our right to enjoy the indirect colonial trade, during the present Jiostilities. If' peace was made that year, and war resumed the next, the benefit of this stip- ulation was gone, and yet we were bound for ten years, to pass no non-importation or non-intercourse laws, nor take any other measures to restrain the usurpations of the ' Leviathan of the ocean.' And to crown the whole, a protestation was annexed by the British ministers, at the time of the signature, the effect of which was to leave that government free to consider it a treaty or no treaty, according to their own convenience, while it bound the United States finally and unconditionally. This proceeding of the president was considered a fa- tal error by the opponents of the administration ; and many sensible republicans were inclined to the opinion that he should have consulted the co-ordinate branch of the treaty-making power, on the question of rejection. But the constitution has made the concurrence of both branches necessary to the confirmation, not to the re- jection of a treaty ; and where that instrument has con« fided independent matters to either department of gov- ernment, it is the right and duty of such department to decide independently as to the course it shall pursue. Mr Jefi*erson acted upon this construction ; and the same principle has been recognized, in repeated instances, under federal and republican adminstrations. The lead- ing principle of the constitution evidently is the inde-^ 29" 334 LIFE OP pendence of the legislature, executive and judiciary, of each other ; and the utmost jealousy should be exercised by eac^h, to prevent either of the others from becoming a despotic branch. This was the deliberate opinion of Mr Jefferson, on which he always acted, and declared he would ever act, and maintain it with the powers of the government, against any control which might be at- tempted by the judiciary or legislature in subversion of his right to move independently in his peculiar province, Examples in which the position has been maintained, and sufficient to establish its soundness, have abounded in the practice of the governm^t. The opinions of the president on the subject of the navy, were not, perhaps such as have been generally ap- proved ; though it is certain they have been greatly mis- understood and misrepresented. Serious apprehensions were entertained by the federal party that Mr Jefferson would annihilate the whole marine establishment ; but they were totally discredited by the event. His first act, after having executed the law passed under his prede- cessor, for the sale of certain vessels and reducing the number of our naval officers, was to fit out a squadron for the Mediterranean, to resist a threatened aggression from Tripoli ; and this force, subsequently increased from time to time by his recommendations, was the means of effecting the suppression of Algerine pira- cy. He afterwards recommended the construction of some additional vessels of strength, to be in readiness for the first moment of war, provided they could be pre- served from decay and perpetual expense by being kept in ordinary. But the majority of the legislature were opposed to any augmentation of the navy ; and none consequently was made. This circumstance is worthy of notice, as illustrative of the fact that Mr Jefferson was less hostile to the navy than the great body of his sup- porters. ' I know,' says a gentleman* who executed * Samuel Smith. - THOMAS JEFFERSON. 335 the duties of that department for some time, ' that no man was a greater friend to the navy than Mr Jefferson. His acts brought it into notice — its own gallantry and bravery have done the rest — it now occupies a proud station in the eyes of the world. The bravery displayed by the Mediterranean squaslron, in the war with Tripo- li, raised the American character in Europe, and gave to our officers confidence in themselves. By affording them much instruction and an opportunity of acquiring a practical knowledge of their profession, it prepared them for a future contest, in which they crowned them- selves and their country with glory — fought their way to popularity at home, to the admiration of the world, and to the affections of their countrymen.' It is more- over generally admitted that the efforts of Mr Jefferson while in Paris, to form a perpetual alliance of the prin- cipal European powers against the Barbary States, and subsequently, while secretary of State, to induce the ad- ministration to dispatch a force into the Mediterranean adequate to the protection of our commerce, laid the first foundations of the American navy. Upon this point, there is extant the authority of a gentleman, whose knowledge of the subject enabled him to pronounce an opinion, which will not be questioned. The following letter from John Adams to Mr Jefferson, in 1822, with the answer of the latter annexed, places the history of the American navy in a light which ought to go far to- wards removing the injurious misapprehensions that have prevailed on the subject. * I have long entertained scruples about writing this letter, upon a subject of some delicacy. But old age has overcome them at last. 'You remember the four ships ordered by congress to be built, and the four captains appointed by Washing- ton ; Talbof, and Truxton, and Barry, &c, to carry an ambassador to Algiers, and protect our commerce in the Mediterranean. I have always imputed this measure to 336 LIFE &f you, for several reasons. First, because you frequently proposed it to me while we were at Paris, negociating together for peace with the Barbary powers. Secondly, because I knew that Washington and Hamilton were not only indifferent about a navy, but averse to it. There was no secretary of the navy ; only four heads of depart- ment. You were secretary of State ; Hamilton, secretary of the treasury; Rnox, secretary of war; and I believe Bradford was attorney general. I have always suspect- ed that you and Knox were in favor of a navy. If Brad- ford v/as,so, the majority was clear. But Washington, I am confident, was against it in his judgment. But his attachment to Knox, and his deference to your opinion, for I know he had a great regard for you, might induce him to decide in favor of you and Knox, even though Bradford united with Hamilton in opposition to you. That Hamilton was averse to the measure, I have personal evidence ; for while it was pending, he came in a hurry and a fit of impatience to make a visit to me. He said he was likely to be called upon for a large sum of mo- ney to build ships of war to fight the Algerines, and he asked ray opinion of the measure. I answered him that I was clearly in favor of it. For I had always been of opinion, from the commencement of the revolution, that a navy was the most powerful, the safest, and the cheap- est national defence for this country, My advice, there- fore was, that as much of the revenue as could possibly be spared, should be applied to the building and equip- ping of ships. The conversation was of some length, but it was manifest in his looks and in his air, that he was disgusted at the measure, as well as at the opinion that I had expressed. ' Mrs Knox not long since wrote a letter to Doctor Waterhouse, requesting him to procure a commission for her son in the navy ; ' that navy,' says her ladyship, ' of which his father was the parent.' ' For,' says she, ' I have frequently heard General Washington say to my husband, the navy was your child.' I have always be- lieved it to be Jefferson's child, though Knox may have assisted in ushering it into the world. Hamilton's hob- by was the army. That Washington was averse to a navy, I had full proof from his own lips, in many differ- THOMAS JEFFERSON. 337 ent conversations, some of them of length, in which he always insisted that it was only building and arming ships for the English. 'Si quid novisti rectius istis, candidus imperii; si non, his utere mecum,^ ' Mr Jefferson's reply : ' I have racked my memory and ransacked my papers, to enable myself to answer the enquiries of your favor of October the 15th ; but to little purpose. My papers furnish me nothing ; my memory, generalities only. I know that while I was in Europe, and anxious about the fate of our seafaring men, for some of whom, then in captivity in Algiers, we were treating, and all were in like danger, I formed, undoubtingly, the opinion that our government, as soon as practicable, should provide a naval force sufficient to keep the Barbary States in or- der ; and on this subject we communicated together, as you observe. When I returned to the United States, and took part in the administration under General Washing- ton, I constantly maintained that opinion ; and in De- cember, 1790, took advantage of a reference to me from the first Congress which met after I was in office, to re- port in favor of a force sufficient for the protection of our Mediterranean commerce ; and I laid before them an accurate statement of the whole Barbary force, pub- lic and private. I think General Washington approved of building vessels of war to that extent. General Knox I know did. But what was Colonel Hamilton's opinion, I do not in the least remember. Your recollections on that subject are certainly corroborated by his known anxieties for a close connection with Great Britain, to which he might apprehend danger from collisions be-, tween their vessels and ours. Randolph was then attor-. ney general ; but his opinion on the question I also en- tirely forget. Some vessels of war were accordingly built and sent into the Mediterranean. The additions to these in your time, I need not note to you, who are well known to have ever been an advocate for the wood-, en walls of Themistocles. Some of those you added, were sold under an act of congress passed while you were in office. I thought, afterwards, that the public safety might require some additional vessels of strength^ 29* 338 - LIFE OF to be prepared and in readiness for the first moment of a war, provided they could be preserved against the de- cay which is unavoidable if kept in the water, and clear of the expense of officers and men. With this view I proposed that they should be built in dry docks, above the level of the tide waters, and covered with roofs. I farther advised, that places for these docks should be se- lected where there was a command of water on a high level, as that of the Tiber at Washington, by which the vessels might be floated out on the principle of a lock. But the majority of the legislature was against any ad- dition to the navy, and the minority, although for it in judgment, voted against it on a principle of opposition. We are now, I understand, building vessels to remain on the stocks, under shelter, until wanted, when they will be launched and finished. On my plan they could be in service at an hour's notice. On this, the finishing, after launching, will be a work of time. ' This is all I recollect about the origin and progress of our navy. That of the late war, certainly raised our rank and character among nations. Yet a navy is a ve- ry expensive engine. It is admitted, that in ten or twelve years a vessel goes to entire decay ; or, if kept in repair, costs as much as would build a new one : and that a na- tion who could count on twelve or fifteen years' of peace, would gain by burning its navy and building a new one in time. Its extent, therefore, must be governed by cir- cumstances. Since my proposition for a force adequate to the piracies of the Mediterranean, a similar necessity has arisen in our own seas for considerable addition to that force. Indeed, I wish we could have a convention with the naval powers of Europe, for them to keep down the pirates of the Mediterranean, and the slave ships on the coast of Africa, and for us to perform the same du- ties for the society of nations in our seas. In this way, those collisions would be avoided between the vessels of war of different nations, which beget wars, and consti- tute the weightiest objection to navies. I salute you with constant aff*ection and respect.' It appears that the only difference of opinion between these illustrious statesmen on the subject of a navy, was THOMAS JEFFERSON. 339 as to the extent to which it should be carried. Mr Adams was for a heavy establishment, ready at all times, and sufficient to compete with that of the most powerful nation on the water, the moment it should become our adversary. Mr Jefferson thought that its extent should always be regulated by circumstances; and this is pro- bably the republican doctrine. Being a very expensive engine, both in its first creation, and in its maintenance against the unavoidable ravages of time, he was for re- straining it in time of peace to a force sufficient only for the protection of our commerce ; and for confining all naval preparations against the contingency of war, to the building of ships in dry docks, where they could be kept free from decay, from the expense of officers and men, and ready at any moment for actual service. In addition to the incompetency of our resources to maintain a powerful navy, other and weighty objections existed at this time, which always had great influence on the mind of the President. The necessary multiplica- tion of habitual violations of natural right, in the form of impressments, and the collisions from other sources, fitted to embroil us continually with the nations whom we could indeed master on the land, were sensible reasons against exhausting our strength on a navy, and transfer- ring the scene of combat to a theatre where the enemy were omnipotent and we were nothing. To these might perhaps be added, equality in the distribution of the pub- lic burthen, a favorite principle of administration with the president. One portion of the union, whose contri- butions were least, would be elevated to greatness and wealth, to the depression of another portion, whose con- tributions were greatest, and pecuniary remuneration comparatively little. If there was error in this consider- ation, it was founded in a too great anxiety for the good of the whole, rather than an undue influence of sectional feeling, of which a suspicion could scarcely find place even in the credulity of his enemies. 340 LIFE OF The plan for the establishment of dry docks, in pur- suance of his naval system, was always a fruitful theme of raillery against the president; and yet, it is some- what surprising that the principle should have since been sanctioned by the government, and have obtained the concurrent approbation of the greatest maritime powers in Europe. A plan, agreeing in its chief features with that of Mr Jefferson, though inferior to it in others, has since been adopted, both in this country and in Europe, for .preventing ships from early decay by keep- ing them out of the water, and protecting them from the weather. The most prodigal and aristocratic govern- ments on the globe have now become converts to a prac- tice, which it was alleged, originated in parsimony and ignorance. The use of gun-boats, which composed a part of the naval system recommended by the president, has receiv- ed an unlimited measure of condemnation at the hands of his political opponents. They were principally in- tended, in connection with land batteries, for the defence of our harbors and sea-port towns. The outlines of the plan are exhibited in the following statement of the pre- sident. ' If we cannot hinder vessels from entering our har- bors, we should turn our attention to the putting it out of their power to lie, or come to, before a town, to injure it. Two means of doing this may be adopted in aid of each other. 1. Heavy cannon on travelling carriages, which may be moved to any point on the bank or beach most convenient for dislodging the vessel. A sufficient number of these should be lent to each sea-port town, and their militia trained to them. The executive is au- thorized to do this ; it has been done in a smaller de- gree, and will now be done more competently. ' 2. Having cannon on floating batteries or boats, which may be so stationed as to prevent a vessel enter- ing the harbor, or force her, after entering, to depart. There are about fifteen harbors in the United States, which ought to be in a state of substantial defence. The THOMAS JEFFERSON. 341 whole of these would require, according to the best opinions, two hundred and forty gun-boats. Their cost was estimated by Captain Rodgers at two thousand dol- lars each ; but we had better say four thousand dollars. The whole would cost one million of dollars. But we should allow ourselves ten years to complete it, unless circumstances should force it sooner. There are three situations in which the gun-boat may be. 1. Hauled up under a shed, in readiness to be launched and manned by the seamen and militia of the town on short notice. In this situation she costs nothing but an enclosure, or a sentinel to see that no mischief is done to her. 2. Afloat, and with men enough to navigate her in harbor and take care of her, but depending on receiving her crew from the town on short warning. In this situation, her annual expense is about two thousand dollars, as by an official estimate at the end of this letter. 3. Fully manned for action. Her annual expense in this situation is about eight thousand dollars, as per estimate subjoined. When there is general peace, we should probably keep about six or seven afloat in the second situation ; their annual expense twelve to fourteen thousand dollars ; the rest all hauled up. When France and England are at war, we should keep, at the utmost, twenty-five in the second situation, their annual expense fifty thousand dollars. When we should be at war ourselves, some of them would probably be kept in the third situation, at an annual ex- pense of eight thousand dollars ; but how many, must depend on the circumstances of the war. We now pos- sess ten, built and building. It is the opinion of those consulted, that fifteen more would enable us to put every harbor under our view into a respectable condition; and that this should limit the views'of the present year. This would require an appropriation of sixty thousand dollars, and I suppose that the best way of limiting it, without declaring the number, as perhaps that sum would build more.' In the Mediterranean, the superiority of gun-boats for harbor service has been illustrated by experience. Al- giers is known to have owed the safety of its city since the epoch of their construction, to these vessels. Before that, it had been repeatedly insulted and injured. The 342 LIFE OP effect of ffun-boats in the neiscliborhood of Gibraltar is well known, and how much thej were used both in the attack and defence of tliat place, during a former war. The remarkable action, between tlie Russian flotilla of gun-boats and galleys, and a Turkish fleet of ships of the line and frigates, in the Liman sea, in 1788, is mat- ter of historical record. The latter, were completely defeated, and several of their ships of the line destroyed. There is not, it is believed, a maritime nation in Europe, which has not adopted the same species of armament for the defence of some of its harbors ; the English and French certainly have; by the northern powers of the continent, whose seas are particularly adapted to them, they are still more used ; andtlie only occasion on which Admiral Nelson was ever foiled, was by gun-boats at Boulogne. Mr Jefl'erson was re-elected by a vote of one hundred and sixty-two against fourteen. The only States which voted for his opponent, Finckney, were Connecticut and Delaware, with two districts in Maryland. George Clin- ton was elected vice president by the same majority over Rufus King. The unanimity of the vote on the present occasion, while it pronounced judgnjcnt of approbation on the character of the administration, is really unexam- pled in the history of the United States, considering the circumstances of the times. The vote subsequently given to Mr Monroe, though more nearly unanimous, was much less extraordinary. The latter vote was given in a sea- son of calm; the former amid the violence of a po- litical tempest. Every other chief magistrate also, ex- cept General Jackson, has rode into office on the same tide of opinion that sustained his predecessor. They alone on an opposing one ; and in four years Mr Jeffer- son nearly amalgamated both currents in his favor. On the 4th of March, 1805, Mr Jefterson re-entered upon the duties of the chief magistracy for another term. The same absence of all parade and ostentation, that THOMAS JEFFERSON. 343 characterized the former, was rigorously observed on the present occasion. In his second inaugural message, Mr Jefferson speaks of the influence of seditious intruders, operating upon the prejudices and ignorance of the Indians, wliich had always embarrassed the general government in its efforts to cliange their pursuits, and ameliorate their unhappy condition. ' These persons,' said he, ' inculcate a sanc- timonious reverence for the customs of their ancestors ; that whatsoever they did must be done through all time ; that reason is a false guide, and to advance under its council in their physical, moral, or political condition, is perilous innovation ; that their duty is to remain as their Creator made them, ignorance being safety, and know- ledge full of danger ; in short, my friends, among them is seen the action and counteraction of good sense and bigotry ; they too, have their antiphilosophers, v/ho find an interest in keeping things in their present state, who dread reformation, and exert all their faculties to main- tain the ascendency of habit over the duty of improving our reason and obeying its mandates.' New principles were advanced, regarding the appro- priation of the surplus revenue of the nation, after the final redemption of the public debt. The epoch being not ftir distant, when that propitious event might be safely calculated to happen, the president thought it a fit occasion to suggest his views on the most eligible arrangement and disposal of the public contributions, upon the basis which would then be presented. Should the impost duties be suppressed, and that advantage given to foreign over domestic manufactures 1 Should they be diminished, and upon what principles 1 Or should they be continued, and applied to the purposes of inter- nal improvement, education, ^c 1 were questions which he submitted to the consideration of the people, and sub- sequently urged upon the attention of the legislature in his ofiicial communications. The president did not hesi- 344 LIFE OF tate to recommend that the revenue, when liberated by the redemption of the public debt, should, by a just repar- tition among the States and a corresponding amend- ment of the constitution, be applied in time of peace, to rivers, canals, roads, arts, manufactures, education, and other great objects of public utility within each State ; and in time of war, to defraying the accumulated ex- penses of such a crisis from year to year, to which the current resources would be fully adequate, without en- croaching on the rights of future generations by burthen- ing them with the debts of the past. War would then be but a suspension for the time being, of useful works; and the restoration of peace, a return to the progress of improvement, untrammeled by pecuniary embarrass- ments. Instead therefore of reducing the revenue aris- ing from the consumption of foreign articles, to the actual amount necessary for the current expenses of the go- vernment, the president recommended its continuance with certain modifications, and its application to works of internal improvement. On some articles of more general and necessary use, he advised a suppression of the impost ; but the great mass of the articles on which duties were paid, were foreign luxuries, purchased by those who were rich enough to use them without feeling the tax. Their patriotism certainly, he thought, would prefer a continuance of the general system which, while not oppressive to themselves, would prove advantageous to the nation, by furnishing the means of public educa- tion, roads, rivers, canals, and such'other objects of pub- lic improvement as it might be thought proper to add to the constitutional enumeration of federal powers. By these operations new channels of communication would be opened between the States, the lines of separation be made to disappear, their interests be identified, and their union cemented by new and indissoluble ties. He placed education among the first and worthiest of the objects of public care in its application of the surplus THOMAS JEFFERSON. 345 reTenue ; * not with a view to take its ordinary branches out of the hands of private enterprise, which managed so much better all the concerns to which it was equal ; but for the purpose of enlarging its sphere by supplying those sciences which, though rarely called for, were yet necessary to complete the circle, all the parts of which contributed to the improvement of the nation, and some of them to its preservation.' In pursuance of this idea, he recommended to the consideration of Congress the establishment of a National University, with such an ex- tension of the federal powers as should bring it within their jurisdiction. He believed an amendment of the constitution, by consent of the States, necessary as well for this, as for the other objects of public improvement, which he recommended ; because they were not among those enumerated in the constitution, and to which it permitted the public money to be applied. So early as 1806, he informed Congress, that by the time the State legislatures should have deliberated upon the appropriate amendment to the constitution, the necessary laws be passed, and arrangements made for their execution, the requisite amount of funds would be on hand and without employment. He contributed liberally to the establish- ment of the proposed institution, permitted his name to be placed at the head of it, and used every exertion to carry it into operation ; but the germ was unhappily blighted by sectional jealousies. The happy and advantageous train in which the affairs of the nation were established during the president's first term, left little for the remainder of his administration except to maintain ]3eace and neutrality amidst the con- vulsions of a warring world, and to rescue the union from one of the most nefarious and daring conspiracies recorded in modern history. The measures called into action by these two formidable difficulties, developed two opposite extremes of character in the government, which were so admirably adapted each to its respective 30 346 LIFE OF exigency, as to have worked out for the country an al- most supernatural deliverance. The forbearance and moderation manifested under the pressure of the crisis, were as necessary to our safety, as the energy and promptitude with which the internal enemy was crushed, and laid prostrate at the feet of government. The traitorous conspiracy of Burr was one of the most flagitious of which history will ever furnish an example ; and there was probably not a person in the United States who entertained a doubt of the real guilt of the accused. His purpose was to separate the western States from the union, annex Mexico to them, establish a monarchical government, with himself at the head, and thus provide an example and an instrument for the subversion of our liberties. The American Cataline, cool, sagacious and wary, had probably engaged one thousand men to follow his fortunes, without letting them know his projects, farther than by assurances that the government approved them. The great majority of his adherents took his as- sertion for this, but with those who would not, and were unwilling to embark in his enterprises without the ap- probation of the government, the following stratagem was practised. A forged letter, purporting to be from the secretary of war, was made to express his approba- tion, and to say that the president was absent at Monti- cello, but that on his return, the enterprise would be sanctioned by him without hesitation. This letter was spread open on Burr's table, so as to invite the eye of all who entered his room. By this means he avoided expos- ing himself to any liability to prosecution for forgery, while he proved himself a master in the arts of the con- spirator. The moment the proclamation of the president appeared, undeceiving his deluded partisans. Burr found himself stript of his surreptitious influence, and left with about thirty desperadoes only. The people rose in mass wherever he appeared or was suspected to be, and by their energy the rebellion was crushed, without the ne- THOMAS JEFFERSON. 347 cessity of employing a detachment of the military, except to guard their respective stations. His first enterprise was to have seized New Orleans, which he '^supposed would eifectually bridle the upper country, reduce it to ready subjection, and plant him at the door of Mexico without an enemy in the rear. But, on unfurling the ensigns of the union there was not a single native Creole, and only one American, that did not abandon his stand- ard, and rally under the banners of the constitution. His real partisans were the new emigrants from the United States and elsewhere, fugitives from justice, disaffected politicians, and desperate adventurers. The event was a happy one. It was always a source of exultation to the president, inasmuch as it realized his declaration on assuming the helm of public affairs — ' that a republican government was the strongest one on earth, and the only one, where every man at the call of the law, would fly to the standard of the law, and would meet, infractions of the public order, as his own personal concern.' The atrocity of the crime, however, and the existence of the most conclusive proof compelled him, as it did every other reflecting mind, to seek in some other hypothesis than the jealous provisions of the laws in favor of life, the acquittal of this modern parricide. The result of the trial astonished the world, and confounded the specta- tors, from whose minds every doubt had vanished, when the investigation was suddenly arrested by the decision of the court. The very verdict of the jury, 'that the accused was not proved guilty hy any evidence submitted to them,'' was a virtual acknowledgment that the defect was in the application of the law, or the law itself, not in the evidence of guilt ; and this verdict was ordered to be recorded simply, ' Not guilty.' Indeed, all the con- sequences of the immovable tenure of the judiciary — except by process ©f impeachment — and their conse- quent irresponsibility to any practicable control, were conspicuously demonstrated on the present occasion. No 348 LIFE OF farther evidence was wanting to fix the president unal- terably in the opinion which he had long entertained, that in tMs defect of the constitution lurked the canker which unless timely eradicated, was destined to destroy the equilibrium of powers in the general government, and between the general and state governments. In a letter written at this time, he says : — ' All this, however, will work Well. The nation will judge both the offender and judges for themselves. If a member of the executive or legislature does wrong, the day is never far distant when the people will remove him. They will see then, and amend the error in our constitu- tion, which makes any branch independent of the nation. They will see that one of the great co-ordinate branches of the government, setting itself in opposition to the other two, and to the common sense of the nation, pro- claims impunity to that class of offenders which endeav- ors to overturn the constitution^ and are themselves pro- tected in it by the constitution itself: for impeachment is a farce which will not be. tried again. If their pro- tection of Burr produces this amendment, it will do more good than his condemnation would have done. Against Burr, personally, I never had one hostile sentiment. I never, indeed, thought him an honest, frank-dealing man, but considered him as a crooked gun, or other perverted machine, whose aim or shot you could never be sure of. Still, while he possessed the confidence of the nation, I thought it my duty to respect in him their confidence, and to treat him as if he deserved it : and if his punish- ment can be commuted now for an useful amendment of the constitution, I shall rejoice in it.' While on the subject of the independence of the judi- ciary, it may be proper to examine the opinions of Mr Jefferson at a subsequent date, and under a more dispas- sionate contemplation of the question, than was practi- cable in the state of feeling excited by the case of Burr. The tenure of good behavior allotted to the federal judges, was a defect in the constitution of which no one thought at the time of its adoption, nor until the tenden- THOMAS JEFFERSON. 349 cies of the principle had begun to develope themselves by action. The amplitude of jurisdiction assumed dur- ing the federal ascendency nearly co-extensive with the common law, seem first to have awakened the thinking part of the public in general, and Mr Jefferson in par- ticular, to a sense of the dangerous error which made one of the three branches of government so effectually independent of the nation. His solicitude upon this im- portant subject appeared to increase every year after- wards, following him steadily into his retirement, as new occasions administered new aliment to his fears. The following extract of a letter to William T. Barry in 1822, evinces the state of his mind at that period, and the earnestness of his endeavors to procure an amendment of the constitution. * I consider the party division of whig and tory the most wholesome which can exist in any government, and well worthy of being nourished, to keep out those of a more dangerous character. We already see the power, installed for life, responsible to no authority (for impeach- ment is not even a scarecrow,) advancing with a noise- less and steady pace to the great object of consolidation. The foundations are already deeply laid by their deci- sions, for the annihilation of constitutional State rights, and the removal of every check, every counterpoise to the ingulphing power of which themselves are to make a sovereign part. If ever this vast country is brought under a single government, it will be one of the most ex- tensive corruption, indifferent and incapable of a whole- some care over so wide a spread of surface. This will not be borne, and you will have to choose between re- formation and revolution. If I know the spirit of this country, the one or the other is inevitable. Before the canker is become inveterate, before its venom has reach- ed so much of the body politic as to get beyond control, remedy should be applied. Let the future appointments of judges be for four or six years, and renewable by the president and senate. This will bring their conduct, at regular periods, under revision and probation, and may 30* 350 LIFE OP keep them in equipoise between the general and spe- cial governments. We have erred in this point, by copy- ing England, where certainly it is a good thing to have the judges independent of the King. But we have omitted to copy their caution also, which makes a judge removable on the address of both legislative houses. That there should be public functionaries independent of the nation, whatever may be their demerit, is a solecism in a republic, of the first order of absurdity and incon- sistency.' At the revolution in England it was considered a great point gained in favor of liberty, that the commissions of the judges which had hitherto been during the pleasure of the king, should thenceforth be given during good be- havior ; and that the question of good behavior should be left to the vote of a simple majority in the two houses of parliament. A judiciary dependant on the will of the king, could never have been any other than an instru- ment of tyranny ; nothing then could be more salutary than a change to the tenure of good behavior, with the concomitant restraint of impeachment by a simple majo- rity. The founders of the American republic were more cordial in their jealousies of the executive than either of the other branches; so true was this of Mr Jefferson in particular, that he at first thought the qualified negative given to that magistrate on all the laws, should have been much farther restricted. They therefore, very pro- perly and consistently adopted the English reformation of making the judges independent of the executive. But in doing this they as little suspected they had made them independent of the nation, by requiring a vote of two thirds in the senatorial branch to effect a removal. Ex- perience has proved such a majority impracticable where any defence is made, in a body of the strong political partialities and antipathies which ordinarily prevail. In the impeachment of judge Pickering of New Hampshire, no defence was attempted, otherwise the party vote of THOMAS JEFFERSON. 351 more than one third of the Senate would have acquitted him. Tiie judiciary of the United States, then, is an irres- ponsible body; and history has established, if reason could not have foreseen, its slow and noiseless accession of influence, under the sanctuary of such a tenure. If the mischief is acknowledged, the only question should be, not when, but what should be the remedy 1 ' I would not, indeed,' says Mr Jefferson, ' make the judges de- pendent on the executive authority, as they formerly were in England ; but I deem it indispensable to the continuance of this government, that they should be sub- mitted to some practical and impartial control ; and that this, to be impartial, must be compounded of a mixture of state and federal authorities. It is not enough that honest men are appointed judges. All know the influ- ence of interest on the mind of man, and how unconsci- ously 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 office of a good judge to enlarge his jurisdiction,' and the absence of responsi- bility ; and how can we expect impartial decision be- tween the general government, of which they are 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 an- chor ahead, and grapple farther hold for future advances of power. They are then, in fact, the corps of sappers and miners, steadily working to undermine the inde- pendent rights of the States, and to consolidate all power in the hands of that government, in which they have so important a freehold estate. But it is not by the conso- lidation or concentration of powers, but by their distri- bution, that good government is effected.' ' I repeat,' he adds, ' that I do not charge the judges with wilful and ill-intentioned error ; but honest error must be arrest- 852 LIFE OF ed, when its toleration leads to public ruin. As for the safety of society, we commit honest maniacs to Bedlam, so judges should be withdrawn from the bench, whose erroneous biases are leading us to dissolution. It may, indeed, injure them in fame or in fortune ; but it saves the republic, which is the first and supreme law.' The latter part of Mr Jefferson's administration was afflicted by a crisis in our foreign relations, which de- manded the exercise of all that fortitude and self-denial which immortalized the introductory stages of the revo- lution, and charged the entire responsibility of the war upon Great Britain. Unfortunately, the political ani- mosities engendered by the contests of opinion which had distracted the nation, and the mania of commercial cupidity and avarice engendered by a twenty-four year's interval of peace, greatly interrupted on the present oc- casion, that spirit of cohesion between the States, which alone carried us triumphantly through the revolution. The enthusiasm of the spirit of '76 had in a considera- ble measure evaporated. Every description of embargo, and every degree of commercial deprivation, which was then too little to satisfy the rivalry of self-immolation in the cause of country, was now too great to be endured, though clothed with the authority of law, and intended to avert the calamities of war. From the renewal of hostilities between Great Britain and France in 1803, down to the period at which the em- bargo was enacted, the commerce of the United States was subjected to depredations by the belligerents, until it was nearly annihilated. In the tremendous struggle for ascendency, which animated these powerful competitors and convulsed the European world to its centre, the laws of nature and of nations were utterly disregarded by both, and the injuries inflicted on our commerce by the one, were retaliated by the other ; not on the aggressor, but on the innocent and peaceable victim to their united aggression. THOMAS JEFFERSON. 353 Under the joint operation of their edicts and procla- mations, there was not a single port in Europe, or her dependences, to which American vessels could navigate without being exposed to capture and condemnation. In this situation the president wisely recommended an em- bargo ; and in pursuance of his recommendation the measure was adopted by Congress, on the 22d day of December, 1807, by overwhelming majorities in both houses. In addition to the joint aggressions on our neutral rights, under the sweeping paper blockades of both bel- ligerents, Great Britain was in the separate habit of dai- ly violations of our sovereignty, in the form of impress- ments. The injuries perpetually arising from this source alone, constituted an abundant cause of war, and con- sequently of embargo. Denying the right of expatriation, the British ministry authorized the seizure oi naturalized Americans wherever they could be found, under color of their having been born within the British dominions. From the abuses of this practice, sufficiently oppressive in its rightful exercise, thousands of American citizens, native horn, as well as naturalized, were subjected to the petty despotism of naval officers, acting as judges, juries and executioners, and doomed to slavery and death, or to become the instruments of destruction to their own countrymen. Minor provocations and injuries were, in June 1807, absorbed in the audacity of an aggression, which is with- out a parallel in the history of independent nations at peace. By order of the British admiral, Berkley, the ship Leopard of fifty guns fired on the United States frigate Chesapeake, of thirty-six guns, within the waters of the United States, in order to compel the delivery of part of her crew claimed as British subjects. After sev- eral broadsides from the Leopard and four men killed on board the Chesapeake, the latter struck ; was board- ed by the British ; and had four men taken from her, 354 LIFE OF three of them native American citizens, one of whom was hanged as a British deserter. Never since the bat- tle of Lexington had there existed such a state of univer- sal exasperation in the public mind, as was produced by this aggression. Popular assemblies were convened in every considerable place, at which resolutions were pas- sed expressive of indignation at the outrage. The president forthwith issued a proclamation, inter- dicting British armed vessels from entering the waters of the United States, and commanding all those therein immediately to depart. In this manner peace wa^ pro- longed, without any compromise of the national honor, and saving the right to declare war under better auspi- ces, on failure of an amicable reparation of the injury. By the time Congress assembled the affair of the Chesa- peake was hopefully committed to negociation, with fhe additional constraint which it imposed on the British government to settle the whole subject of impressments. And the depredations on our neutral rights by the rival belligerents, under their orders in council, or imperial decrees, were put upon an equal footing, and made the occasion of an embargo operating equally and impar- tially against both. As a substitute for war, an embargo was the choice of a less evil for a greater, and at the same time annoy- ed the belligerent powers more than could have been done by open warfare. England felt it in her manufac- tures by privations of the raw material, in her maritime interests by the loss of her naval stores, and above all in the discontinuance of supplies essential to her colonies. France felt it in the deprivation of all those luxuries which she had been accustomed to receive through our neutral commerce, and in the still more distressing de- privation of necessaries for her colonies. Our com- merce was the second in the world, our carrying trade the very first, and had the restraint upon them been rig- idly observed, it might have inclined the. European na- THOMAS JEFFERSON. 355 tions to justice. But the popular resistance was so great, so determined, and so daring, that it was found impracticable to enforce obedience, without provoking violence and insurrection. The consequence was that the practical efficacy of the embargo, as an engine of coercion, proved greatly disproportioned to the reasona- ble expectations of its friends. Those engaged in foreign commerce, and in the car- rying trade, were found to prefer the hazard of seizure and confiscation to a general embargo ; and where the interests of any portion of the community are supposed to be affected by a public measure, no consideration of national advantage or dignity will ever reconcile the ag- grieved party to the smallest pecuniary sacrifice. The opposition to the embargo was no doubt more strenuous, from the circumstance that that portion of our citizens who were more immediately affected by its operation, particularly the merchants, considered themselves the best judges relative to the expediency of any restriction of the kind, and were inclined to look upon the act of the executive as arbitrary and ill-advised. So impracti- cable must it ever be found for the wisest government to consult the general welfare of the nation, and at the same time provide for local wants, or administer to sectional monopoly. Among the distinguishing ornaments of the adminis- trative policy of Mr Jefferson, none was more conspi- cuous, none more congenial to the distinctive nature of republicanism, than his scrupulous adherence to the in- violability of freedom of speech, of the press, and of re- ligion. The utmost latitude of discussion was not only tolerated, but invited and protected, as a fundamental ingredient in the composition of republican government. The celebrated traveller, Baron Humboldt, calling on the president one day, was received into his cabinet. On taking up one of the public journals which lay upon the table, he was shocked to find its columns teeming 356 LIFE OF with the most wanton abuse and licentious calumnies against the president. He threw it down with indigna- tion, exclaiming, ' Why do you not have the fellow hung who dares to write these abominable lies V The presi- dent smiled at the warmth of the Baron, and replied — ' What ! hang the guardians of the public morals ? No, sir, — rather would I protect the spirit of freedom which dictates even that degree of abuse. Put that paper into your pocket, my good friend, carry it with you to Europe, and when you hear any one doubt the reality of Ameri- can freedom, show them that paper, and tell them where you found it.' ' But is it not shocking that virtuous characters should be defamed V rephed the Baron. 'Let their actions refute such libels. Believe me,' con- tinued the president, ' virtue is not long darkened by the clouds of calumny ; and the temporary pain which it causes is infinitely overweighed by the safety it insures against degeneracy in the principles and conduct of pub- lic functionaries. When a man assumes a public tryst, he should consider himself as public property.' * In pursuance of this principle, he discharged all those who were suffering persecution for opinion's sake, under the sedition law, immediately on coming into office. He interposed the executive prerogative in every instance, by ordering the prosecutions to be arrested ; or, if judg- ment and execution had passed, by remitting the fines of the sufierers, and releasing them from imprisonment. The grounds on which he rested his right to act in these cases, are forcibly stated .in answer to a correspondent in Massachusetts, who questioned the constitutionality of his interference. ' But another fact is, that I "liberated a wretch who was suffering for a libel against Mr Adams." I do not know who was the particular wretch alluded to ; but I discharged every person under punishment or prosecu- * Winter in Washington. THOMAS JEFFERSON. 357 tion under the sedition law, because I considered, and now consider, that law to be a nullity, as absolute and as palpable as if Congress had ordered us to fall down and worship a golden image; and that it was as much my duty to arrest its execution in every stage, as it would have been to have rescued from the fiery furnace those who should have been cast into it for refusing to worship the image. It was accordingly done in every instance, without asking what the offenders had done, or against whom they had offended, but whether the pains they were suffering were inflicted under the pretended sedi- tion law. It was certainly possible that my motives for contributing to the relief of Callender, and liberating sufferers under the sedition law, might have been to pro- tect, encourage, and reward slander ; but they may also have been those which inspire ordinary charities to ob- jects of distress, meritorious or not, or the obligation of an oath to protect the constitution, violated by an unau- thorized act of Congress. Which of these were my mo- tives, must be decided by a regard to the general tenor of my life. On this I am not afraid to appeal to the na- tion at large, to posterity, and still less to that Being who sees himself our motives, who will judge us from his own knowledge of thenri, and not on the testimony of man.' On the subject of religion, it was the policy of the president to maintain freedom of thought and speech in all the latitude of which the human mind is susceptible, and to discountenance by all the means in his power, every tendency to predominance and persecution in any sect by proscription of the least degree, even in public opinion. In reply to the solicitation of a very respectable cler- gyman, for the appointment of a national fast, in con- formity to the practice of his predecessors, he assigns the reasons of his departure from their example in the following words. ' I consider the government of the United States as interdicted by the constitution from intermeddling with religious institutions, their doctrines, discipline, or exer- 31 358 LIFE OP cises. This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the States the powers not delegated to the United States. Certainly, no. power to prescribe any religious exercise, or to assume authority in religious discipline, has been delegated to the general government. It must then rest with the States, as far as it can be in any human authori- ty. But it is only proposed that I should recommend, not prescribe, a day of fasting and prayer. That is, that I should indirectly assume to the United States an author- ity over religious exercises, which the constitution has directly precluded them from. It must be meant, too, that this recommendation is to carry some authority, and to be sanctioned by some penalty on those who dis- regard it ; not indeed of fine and imprisonment, but of some degree of proscription, perhaps in public opinion. And does the change in the nature of the penalty make the recommendation less a Imo of conduct for those to whom it is directed 1 I do not believe it is for the inter- est of religion to invite the civil magistrate to direct its exercises, its discipline, or its doctrines ; nor of the re- ligious societies, that the general government should be invested with the power of effecting any uniformity of time or manner among them. Fasting and prayer are religious exercises ; the enjoining them an act of disci- pline. Every religious society has a right to determine for itself the times for these exercises, and the objects proper for them, according to their own particular tenets ; and this right can never be safer than in their own hands, where the constitution has deposited it. * I am aware that the practice of my predecessors may be quoted. But I have ever believed, that the example of State executives led to the assumption of that author- ity by the general government, without due examination, which would have discovered that what might be a right in a State government, was a violation of that right when assumed by another. Be this as it may, every one must act according to the dictates of his own reason, and mine tells me that civil powers alone have been given to the president of the United States, and no authority to direct the religious exercises of his constituents.' THOMAS JEFFERSON. 359 With regard to the personal piety of the president, if external observances are of any account, it is well known that he was a constant and exemplary attendant upon public worship ; liberal in contributions to the support of the simple religion of Jesus ; but frowning and inflexible on all sectarian projects. It is stated with much confi- dence by a living chronicle* of those times, whose per- sonal intimacy with the president enabled him to speak with authority on the subject, that ' he contributed to found more temples for religion and education than any other man of that age.' The minor traits of Mr Jefferson's administration open a range of topics, on which the historian might dwell. His simplicity was only equalled by his economy, of which he presented an example, in the extinguishment of more than thirty-three milUons of the public debt. The diplomatic agents of foreign governments, on their introduction to him, were often embarrassed, and some- times mortified, at the entire absence of etiquette with which they were received. His arrivals at the seat of government, and his departures therefrom, were so tim- ed and conducted as to be unobserved and unattended. His inflexibility upon this point, so diff*erent from the practice of his predecessors, could never be overcome ; and he was finally permitted to pursue his own course, undisturbed by any manifestations of popular feeling. His uniform mode of riding was on Jiorseback, which was daily, and always unattended. In one of these sol- itary excursions, while passing a stream of water he was accosted by a feeble beggar, who implored his assistance to transport him and his baggage. He immediately mounted the beggar behind him and carried him over ; on perceiving he had neglected his wallet, he as good humoredly recrossed the stream and brought it over to him. * S. H. Smith. 360 LIFE OP Although repeatedly and warmly solicited by his friends to make a tour to the North, he never could rec- oncile it to his -feelings of propriety as chief magis- trate. In a private answer to Governor Sullivan of Massachusetts, on the subject, he wrote : ' The course of life which General Washington had run, civil and military, the services he had rendered, and the space he therefore occupied in the affections of his fellow citizens, take from his examples the weight of precedents for others, because no others can arrogate to themselves the claims which he had on the public homage. To my- self, therefore, it comes as a new question, to be viewed under all the phases it may present. I confess, that I am not reconciled to the idea of a chief magistrate parading himself through the several States as an object of public gaze, and in quest of an applause, which, to be valuable, should be purely voluntary. I had rather acquire si- lent good will by a faithful discharge of my duties, than owe expressions of it to my putting myself in the way of receiving them.' He carried his ideas of simplicity to such an extent as to deprecate the size of the house allotted to the chief magistrate. He thought it should have been turned into a University. Nor was it from any sordidness, any insensi- bility to the charms of elegance, that his frugality, sim- plicity, and plainness proceeded ; but from a sense of his obligations as a public man. Had it been otherwise, he might with less propriety have deprecated the size and magnificence of his own Monticello, which, in the vari- ous buildings and rebuildings it underwent at his hands, to suit the progress of his taste in the arts, is believed to have cost little less than the mansion of the chief mag- istrate. In his private expenditures, he was indeed lib- eral to a fault. Humane towards his fellow man, on a scale of benevolence which comprehended every dis- tinction of color and condition, no practicable object of phi- lanthropy was probably ever presented to him, which he THOMAS JEFFERSON. 361 did not encourage by his assistance. But in the immedi- ate circle of his friends, to whom he was ever devoted, his Hberahty appeared to know no limits. In the profusion of presents which he lavished upon them, in the accom- modations of money with which he succored them un- der embarrassment, in the hospitality with which he en- tertained strangers and visitors from every country, and in his ordinary habits of living, such evidences of a pri- vate munificence appeared, as formed a perfect contrast with his frugality and simplicity as a public man. One other trait of Mr Jefferson, in the discharge of his official duties, deserves notice, — to wit, his disinter- estedness. This quality is evident from the fact that in all the splendid stations which he occupied, he accu- mulated nothing ; but retired from each of them much poorer than he entered, and from the last and greatest station, 'with hands,' to use his own expression, 'as clean as they were empty,' — -indeed, on the very verge of bankruptcy. While, in the short interval of eight years, he had saved to his country millions and millions of dollars, enough to make her rich and free, who was before poor and oppressed with taxation ; he, to the im- mense fortune with which he set out in life, had added nothing, but had lost almost every thing. If any farther testimony were wanting on this theme, it might be drawn from the fact of his having refrained from appointing a single relation to office. This was not only true of him while president, but in every public station which he fil- led. Writing to a friend in 1824, he says : ' In the course of the trusts I have exercised through life with powera of appointment, I can say with truth, and with unspeak- able comfort, that I never did appoint a relation to office, and that merely because I never saw the case in which some one did not offer, or occur, better qualified.' Nor, in the multiplied removals and replacements which he was compelled to make, did he eject a personal enemy ^ or appoint a personal friend. He felt it his duty to ob". 31* 362 LIFE OF serve these rules, for reasons expressed in answer to an application for office by a refative : ' That my constitu- ents may be satisfied, that, in selecting persons for the management of their affairs, I am influenced by neither personal nor family interests, and especially, that the field of public office will not be perverted by me into a family property. On this subject, I had the benefit of useful lessons from my predecessors, had I needed them, marking what was to be imitated and what avoided. But, in truth, the nature of our government is lesson enough. Its energy depending mainly on the confidence of the people in their chief magistrate, makes it his duty to spare nothing which can strengthen him with that confidence. In the crowd of official occupations which devolve on the executive magistrate, Mr Jefferson found time to ac- complish a succession of private labors and enterprises which would have been enough of themselves to have exhausted the ordinary measure of application and tal- ent. A simple enumeration of the topics on which his leisure moments were employed, will suffice to exhibit the extent of his efforts for the improvement and happi- ness of the nation. Regular essays abound in his cor- respondence during this period, on physics, law and medicine ; on natural history, particularly as connect- ed with the aborgines of America; on maxims for the regulation and improvement of our moral conduct, ad- dressed to young men ; on agriculture, navigation, and manufactures ; on politics and political parties, science, history and religion. In some of those intervals when he could justifiably abstract himself from the public af- fairs, his meditations turned upon the subject of Chris- tianity. He had some years before promised his views of the christian religion to Dr Rush, with whom, and with Dr Priestley, he was in habits of intercommunica- tion on the subject. The more he reflected upon it, the more he confessed, ' it expanded beyond the measure of THOMAS JEFFERSON. 363 either his time or information.' But he availed himself of a day or two, while on the road to Monticello, in 1803, to digest in his mind a comprehensive outline, entitled, 'A Syllabus of an estimate of the merit of the doctrine of Jesus, compared with those of others.' This he af- terwards wrote out and forwarded to Dr Rush, in dis- charge of his promise, but under a strict injunction of secrecy, ' to avoid the torture,' as he expressed himself, * of seeing it disembowelled by the Aruspices of modern Paganism.' It embraced a comparative view of the eth- ics of Christianity with those of Judaism, and of ancient philosophy under its most esteemed authors ; particular- ly Pithagoras, Socrates, Epicurus, Cicero, Epictetus, Seneca, Antoninus. The result was, such a development of the immeasurable superiority of the doctrine of Chris- tianity, that he declared 'its Author had presented to the world a system of morals, which, if filled up in the style and spirit of the rich fragments he has left us, would be the most perfect and sublime that has ever been taught by man.' Space can only be spared for the conclusions he arrived at, which were all on the side of Christianity. ' They are the result,' says he, ' of a life of inquiry and reflection, and very different from that anti-christian system imputed tome by those who know nothing of my opinions.' The question of the divinity, or inspiration of Christ, being foreign to his purpose, did not enter in- to the estimate. ' 1. He [ Jesus ] corrected the deism of the Jews, con- firming them in their belief of one only God, and giving them juster notions of his attributes and government. ' 2. His moral doctrines, relating to kindred and friends, were more pure and perfect than those of the most correct of the philosophers, and greatly more so than those of the Jews ; and they went far beyond both in inculcating universal philanthropy, not only to kindred and friends, to neighbors and countrymen, but to all mankind, gathering all into one family, under the bonds d04 LIFE OF of love, charity, peace, common wants, and common aids. A development of this head will evince the peculiar su- periority of the system of Jesus over all otliers. * 3. The precepts of philosophy, and of the Hebrew code, laid hold of actions only. He pushed his scrutinies into the heart of man ; erected his tribunal in the region of his thoughts, and purified the waters at the fountain head. ' 4. He taught, emphatically, the doctrine of a future state, which was either doubted or disbelieved by the Jews ; and wielded it with etiicacy, as an important in- centive, supplementary to the other motives to moral conduct.' The president was in habits of frequent communica- tion with the fraternity of literary men spread over Europe ; and with the various societies instituted for benevolent or useful purposes, — particularly the Agri- cultural Society of Paris, and the Board of Agricul- ture of London, of both of which he was a member. He was indetatioable in endeavorino" to obtain the useful discoveries of these societies, as they occurred, and in communicating to them in return, those of the western hemisphere. He imported from France at his own ex- pense, two flocks of Merino slieep, — among the first in- troduced into this country — with a variety of new inven- tions in the agricultural and mechanic arts, and new articles of culture, which have since become of general use in the United States. He transmitted to the Society of Paris, in return, several tierces of South Carolina rice, for cultivation in France ; and to the Board of Agricul- ture of I^ondon, several barrels of the genuine May wheat of Virginia. Some of these exportations happened during the restraints of the embargo, and, on its getting into the newspapers, excited a ridiculous uproar against the president. His correspondence with the eminent phi- lanthropists of Europe, particularly on the subject of vaccination, at the epoch of the first intelligence of its discovery ; his eftbrts for introducing it into this country, THOMAS JEFFERSON. ^^"^ against the weight of scepticism and ridicule which it encountered ; and his subsequent correspondence with Dr Waterhouse and others, mingled with experimental exertions for establishing and propagating its efficacy, are among the standing monuments of his perseverance in the general cause of humanity, while at the head of the nation. The plan of colonizing the free people of color, in some place remote from the United States, originated with Mr Jefferson, at an early period ; and on coming into the office of president he prosecuted the enterprise with renewed energy. A correspondence was opened between him and Mr Monroe, then governor of Virginia ; and the first formal proceeding on the subject was made in the Virginia legislature, soon afterwards, to wit, about the year 1803. The purpose of his correspondence with Mr Monroe, is explained in a letter^ from him about ten .years afterwards, and published in the first annual re- port of the Colonization Society. He proposed to gain admittance for the free people of color, into the establish- ment at Sierra Leone, which then belonged to a private company in England; or in failure of that, to procure a situation in some of the Portuguese settlements in South America. He wrote to Mr Ring, then our minister in London, to apply to the Sierra Leone Company. The appUcation was made, but without success, on the ground that the company was about to dissolve and relinquish its possessions to the government. An attempt to nego- tiate with the Portuguese governor was equally abortive, which suspended all active measures for a time. But the enterprise was kept alive by Mr Jefferson, who by his impressive admonitions of its importance, held the legislature of Virginia firm to its purpose. The subject was from time to time discussed in that body, till in the year 1816 a formal resolution was passed almost unani- mously, being but a repetition of certain resolutions which had been adopted in secret session at three dis- 366 LIFE OF tinct antecedent periods. It was truly the feeling and voice of Virginia, which was followed by the States of Maryland, Tennessee and Georgia. Colonization socie- ties were then for the first time formed.* In the catalogue of unofficial services, the improve- ments which Mr Jefferson bestowed upon the national metropolis, are not among the least engaging. Almost every thing tliat is beautiful in the artificial scenery of Washington, is due to his taste and industry. He plant- ed its walks with trees, and strewed its gardens with flowers. He was rarely seen returning from his daily excursions on horseback, without bringing some branch of tree, or shrub, or bunch of flowers, for the embellish- ment of the infant capital. He was familiar with every tree and plant, from the oak of the forest, to the lowli- est flower of the valley. The willow-oak was among his favorite trees ; and he was often seen standing' on his horse to gather the acorns from this tree. He was pre- paring to raise a nursery of them, which, when large enough to give shade, should be made to adorn the walks of all the avenues in the city. In the mean time, he planted them with the Lombardy poplar, being of the most sudden growth, contented that, though he could not enjoy their shade, his successors would. Those who have stood on the western portico of the capitol, and looked down the long avenue of a Jmile in length to the president's house, have been struck with the beautiful colonnade of trees which adorns the whole distance on either side. These were all planted under the direction of Mr Jefferson, who often joined in the task with his own hands. He always lamented the spirit of extermi- nation which had swept off the noble forest trees that overspread Capitol Hill, extending down to the banks of the Tiber, and the shores of the Potomac. He would have converted the grounds into extensive parks and * N. A. Review, vol. 18, p. 41. THOMAS JEFFERSON. 367 gardens. ' The loss is irreparable,' said he to an Euro- pean traveller, ' nor can the evil be prevented. When I have seen such depredations, I have wished for a mo- ment to be a despot, that, in the possession of absolute power, I might enforce the preservation of these valua- ble groves. Washington might have boasted one of the noblest parks, and most beautiful malls, attached to any city in the world.' Such are a few^ of the private efforts and enterprises which Mr Jefferson intermingled with the discharge of his public avocations. They were performed too, with- out any neglect of the sweets of social intercourse, or of literary occupation, which ever constituted the predomi- nant passions of his soul. A regular portion of every day was devoted to the acquisition of science ; and the most liberal portions, to the reception of company. The facility with which he discharged these draughts upon his attention, amidst the complication of public and ne- cessary duties, was wont to excite the astonishment of those who visited him. The impression produced by his notice of a remark of a visitor, dropped in the freedom of conversation and expressive of surprise at his being able to transact the public business, amidst such numer- ous interruptions, is well remembered to this day by those who heard it. ' Sir,' said Mr Jefferson, ' I have made it a rule, since I have been in public life, never to let the sun rise before me, and, before I breakfasted, to trans- act all the business called for by the day.' Much of the ease with which he acquitted himself under such an ac- cumulation of engagements, is ascribable to his industry and versatility of practical talent ; but more perhaps to system, and a methodical arrangement of time. So exact were his habits of order, that in a cabinet over- burthened with papers, every one was so labelled and arranged, as to be capable of access in a moment. Mr Jefferson had long contemplated the approach of the happy day, which was to relieve him from the ' dis- 'M\H <»i' ii'mn'tup^ Imii'IIkmi of powiu'/ mid i«^Miorn hini to ilin on- joyitM'hl of liJH rmnily, liin IhioKh, iiihI Iiih rnrin. Soon nihil' IIk; ((itiiiMciirrnKiiil, ol' liin Httrttnd l<;nii, ii<: litid re- (|ii(ihI(m( Ilin rvv cili/.oitM io ilmd^ of ri HMCAUiHHor for liiiii, Io wlioiii iio docJiU'od * lin mIiouM d< liv< r llic piddic. roiHTiiiM Willi f.'r<'MhiC joy lliiui Iki rrrnvrd llinii.' IMl* IVlndiMoii wiiH rv'idciil ly Iun lirnl. icn, IVl i IVIunnx! iiin Hi)C- oiid ; ImiI ill! IJK- |)iildi<'. Hy llio iiiili<»ii, in ilH HiMM'.iiNHivo i«- <|iicNtionN; Toclin^, Ihal niicIi n pano^yriti mi thin p;(ivcrniiicnl, wiin llio HOVOJ'UHt Hutirc on Imm. Tlin voKMt (»r ilir iiniioii WaH Htl'oni^' and inipoihinaln lor a rc-clcc|i(ni niMliii r. I niiitiird rnf^ it renf tnurtntt. My only ronNoliilion in in llid JMiln^i, llnd, my fidlovv riti- /.oMo norry, indood, tinit otliorm NiMMild ho Moonor Hon.ihh: ihiin inyMolC when I oiiffhl to anU it.' * Within a low <\nyH I rotir