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Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson - Volume IV
by Thomas Jefferson
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But these are views which concern the present and future generation, among neither of which I count myself. You may live to see the change in our pursuits, and chiefly in those of your own State, which England will effect. I am not certain that the change on Massachusetts, by driving her to agriculture, manufactures, and emigration, will lessen her happiness. But once more to be done with politics. How does Mrs. Dearborn do? How do you both like your situation? Do you amuse yourself with a garden, a farm, or what? That your pursuits, whatever they be, may make you both easy, healthy, and happy, is the prayer of your sincere friend,

Th: Jefferson.



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

TO J. B. COLVIN.

Monticello, September 20, 1810.

Sir,

Your favor of the 14th has been duly received, and I have to thank you for the many obliging things respecting myself which are said in it. If I have left in the breasts of my fellow-citizens a sentiment of satisfaction with my conduct in the transaction of their business, it will soften the pillow of my repose through the residue of life.

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

To proceed to the conspiracy of Burr, and particularly to General Wilkinson's situation in New Orleans. In judging this case, we are bound to consider the state of the information, correct and incorrect, which he then possessed. He expected Burr and his band from above, a British fleet from below, and he knew there was a formidable conspiracy within the city. Under these circumstances, was he justifiable, 1. In seizing notorious conspirators? On this there can be but two opinions; one, of the guilty and their accomplices; the other, that of all honest men. 2. In sending them to the seat of government, when the written law gave them a right to trial in the territory? The danger of their rescue, of their continuing their machinations, the tardiness and weakness of the law, apathy of the judges, active patronage of the whole tribe of lawyers, unknown disposition of the juries, an hourly expectation of the enemy, salvation of the city, and of the Union itself, which would have been convulsed to its centre, had that conspiracy succeeded; all these constituted a law of necessity and self-preservation, and rendered the salus populi supreme over the written law. The officer who is called to act on this superior ground, does indeed risk himself on the justice of the controlling powers of the constitution, and his station makes it his duty to incur that risk. But those controlling powers, and his fellow-citizens generally, are bound to judge according to the circumstances under which he acted. They are not to transfer the information of this place or moment to the time and place of his action; but to put themselves into his situation. We knew here that there never was danger of a British fleet from below, and that Burr's band was crushed before it reached the Mississippi. But General Wilkinson's information was very different, and he could act on no other.

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

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

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

Accept the assurances of my esteem and respect.

Th: Jefferson.



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

TO MR. LAW.

Monticello, January 15, 1811.

Dear Sir,

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

Mr. Wagner's malignity, like that of the rest of his tribe of brother printers, who deal out calumnies for federal readers, gives me no pain. When a printer cooks up a falsehood, it is as easy to put it into the mouth of a Mr. Fox, as of a smaller man, and safer into that of a dead than a living one. Your sincere attachment to this country, as well as to your native one, was never doubted by me; and in that persuasion, I felt myself free to express to you my genuine sentiments with respect to England. No man was more sensible than myself of the just value of the friendship of that country. There are between us so many of those circumstances which naturally produce and cement kind dispositions, that if they could have forgiven our resistance to their usurpations, our connections might have been durable, and have insured duration to both our governments. I wished, therefore, a cordial friendship with them, and I spared no occasion of manifesting this in our correspondence and intercourse with them; not disguising, however, my desire of friendship with their enemy also. During the administration of Mr. Addington, I thought I discovered some friendly symptoms on the part of that government; at least, we received some marks of respect from the administration, and some of regret at the wrongs we were suffering from their country. So, also, during the short interval of Mr. Fox's power. But every other administration since our Revolution has been equally wanton in their injuries and insults, and has manifested equal hatred and aversion. Instead, too, of cultivating the government itself, whose principles are those of the great mass of the nation, they have adopted the miserable policy of teazing and embarrassing it, by allying themselves with a faction here, not a tenth of the people, noisy and unprincipled, and which never can come into power while republicanism is the spirit of the nation, and that must continue to be so, until such a condensation of population shall have taken place as will require centuries. Whereas, the good will of the government itself would give them, and immediately, every benefit which reason or justice would permit it to give. With respect to myself, I saw great reason to believe their ministers were weak enough to credit the newspaper trash about a supposed personal enmity in myself towards England. This wretched party imputation was beneath the notice of wise men. England never did me a personal injury, other than in open war, and for numerous individuals there, I have great esteem and friendship. And I must have had a mind far below the duties of my station, to have felt either national partialities or antipathies in conducting the affairs confided to me. My affections were first for my own country, and then, generally, for all mankind; and nothing but minds placing themselves above the passions, in the functionaries of this country, could have preserved us from the war to which their provocations have been constantly urging us. The war interests in England include a numerous and wealthy part of their population; and their influence is deemed worth courting by ministers wishing to keep their places. Continually endangered by a powerful opposition, they find it convenient to humor the popular passions at the expense of the public good. The shipping interest, commercial interest, and their janizaries of the navy, all fattening on war, will not be neglected by ministers of ordinary minds. Their tenure of office is so infirm that they dare not follow the dictates of wisdom, justice, and the well calculated interests of their country. This vice, in the English constitution, renders a dependance on that government very unsafe. The feelings of their King, too, fundamentally averse to us, have added another motive for unfriendliness in his ministers. This obstacle to friendship, however, seems likely to be soon removed; and I verily believe the successor will come in with fairer and wiser dispositions towards us; perhaps on that event their conduct may be changed. But what England is to become on the crush of her internal structure, now seeming to be begun, I cannot foresee. Her monied interest, created by her paper system, and now constituting a baseless mass of wealth equal to that of the owners of the soil, must disappear with that system, and the medium for paying great taxes thus failing, her navy must be without support. That it shall be supported by permitting her to claim dominion of the ocean, and to levy tribute on every flag traversing that, as lately attempted and not yet relinquished, every nation must contest, even ad internecionem. And yet, that, retiring from this enormity, she should continue able to take a fair share in the necessary equilibrium,of power on that element, would be the desire of every nation.

I feel happy in withdrawing my mind from these anxieties, and resigning myself, for the remnant of life, to the care and guardianship of others. Good wishes are all an old man has to offer to his country or friends. Mine attend yourself, with sincere assurances of esteem and respect, which, however, I should be better pleased to tender you in person, should your rambles ever lead you into the vicinage of Monticello.

Th: Jefferson.



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

TO DOCTOR BENJAMIN RUSH.

Monticello, January 16, 1811.

Dear Sir,

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

*****

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

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

I receive with sensibility your observations on the discontinuance of friendly correspondence between Mr. Adams and myself, and the concern you take in its restoration. This discontinuance has not proceeded from me, nor from the want of sincere desire, and of effort on my part, to renew our intercourse. You know the perfect coincidence of principle and of action, in the early part of the Revolution, which produced a high degree of mutual respect and esteem between Mr. Adams and myself. Certainly no man was ever truer than he was, in that day, to those principles of rational republicanism, which, after the necessity of throwing off our monarchy, dictated all our efforts in the establishment of a new government. And although he swerved, afterwards, towards the principles of the English constitution, our friendship did not abate on that account. While he was Vice-President, and I Secretary of State, I received a letter from President Washington, then at Mount Vernon, desiring me to call together the Heads of departments, and to invite Mr. Adams to join us (which, by the bye, was the only instance of that being done) in order to determine on some measure which required despatch; and he desired me to act on it, as decided, without again recurring to him. I invited them to dine with me, and after dinner, sitting at our wine, having settled our question, other conversation came on, in which a collision of opinion arose between Mr. Adams and Colonel Hamilton, on the merits of the British Constitution, Mr. Adams giving it as his opinion, that, if some of its defects and abuses were corrected, it would be the most perfect constitution of government ever devised by man. Hamilton, on the contrary, asserted, that with its existing vices, it was the most perfect model of government that could be formed; and that the correction of its vices would render it an impracticable government. And this you may be assured was the real line of difference between the political principles of these two gentlemen. Another incident took place on the same occasion, which will further delineate Hamilton's political principles. The room being hung around with a collection of the portraits of remarkable men, among them were those of Bacon, Newton, and Locke. Hamilton asked me who they were. I told him they were my trinity of the three greatest men the world had ever produced, naming them. He paused for some time: 'The greatest man,' said he, 'that ever lived, was Julius Caesar.' Mr. Adams was honest as a politician, as well as a man; Hamilton honest as a man, but, as a politician, believing in the necessity of either force or corruption to govern men.

You remember the machinery which the federalists played off, about that time, to beat down the friends to the real principles of our constitution, to silence by terror every expression in their favor, to bring us into war with France and alliance with England, and finally to homologize our constitution with that of England. Mr. Adams, you know, was overwhelmed with feverish addresses, dictated by the fear, and often by the pen of the bloody buoy, and was seduced by them into some open indications of his new principles of government, and in fact, was so elated as to mix with his kindness a little superciliousness towards me. Even Mrs. Adams, with all her good sense and prudence, was sensibly flushed. And you recollect the short suspension of our intercourse, and the circumstance which gave rise to it, which you were so good as to bring to an early explanation, and have set to rights, to the cordial satisfaction of us all. The nation at length passed condemnation on the political principles of the federalists, by refusing to continue Mr. Adams in the Presidency. On the day on which we learned in Philadelphia the vote of the city of New York, which it was well known would decide the vote of the State, and that, again, the vote of the Union, I called on Mr. Adams on some official business. He was very sensibly affected, and accosted me with these words. 'Well, I understand that you are to beat me in this contest, and I will only say that I will be as faithful a subject as any you will have.' 'Mr. Adams,' said I, 'this is no personal contest between you and me. Two systems of principles on the subject of government divide our fellow-citizens into two parties. With one of these you concur, and I with the other. As we have been longer on the public stage than most of those now living, our names happen to be more generally known. One of these parties, therefore, has put your name at its head, the other mine. Were we both to die to-day, to-morrow two other names would be in the place of ours, without any change in the motion of the machine. Its motion is from its principle, not from you or myself.''I believe you are right,' said he, 'that we are but passive instruments, and should not suffer this matter to affect our personal dispositions.' But he did not long retain this just view of the subject. I have always believed that the thousand calumnies which the federalists, in bitterness of heart, and mortification at their ejection, daily invented against me, were carried to him by their busy intriguers, and made some impression. When the election between Burr and myself was kept in suspense by the federalists, and they were meditating to place the President of the Senate at the head of the government, I called on Mr. Adams with a view to have this desperate measure prevented by his negative. He grew warm in an instant, and said with a vehemence he had not used towards me before, 'Sir, the event of the election is within your own power. You have only to say you will do justice to the public creditors, maintain the navy, and not disturb those holding offices, and the government will instantly be put into your hands. We know it is the wish of the people it should be so.''Mr. Adams,' said I, 'I know not what part of my conduct, in either public or private life, can have authorized a doubt of my fidelity to the public engagements. I say, however, I will not come into the government by capitulation. I will not enter on it, but in perfect freedom to follow the dictates of my own judgment.' I had before given the same answer to the same intimation from Gouverneur Morris. 'Then,' said he, 'things must take their course.' I turned the conversation to something else, and soon took my leave. It was the first time in our lives we had ever parted with any thing like dissatisfaction. And then followed those scenes of midnight appointment, which have been condemned by all men. The last day of his political power, the last hours, and even beyond the midnight, were employed in filling all offices and especially permanent ones, with the bitterest federalists, and providing for me the alternative, either to execute the government by my enemies, whose study it would be to thwart and defeat all my measures, or to incur the odium of such numerous removals from office, as might bear me down. A little time and reflection effaced in my mind this temporary dissatisfaction with Mr. Adams, and restored me to that just estimate of his virtues and passions, which a long acquaintance had enabled me to fix. And my first wish became that of making his retirement easy by any means in my power; for it was understood he was not rich. I suggested to some republican members of the delegation from his State, the giving him, either directly or indirectly, an office, the most lucrative in that State, and then offered to be resigned, if they thought he would not deem it affrontive. They were of opinion he would take great offence at the offer; and, moreover, that the body of republicans would consider such a step in the outset, as auguring very ill of the course I meant to pursue. I dropped the idea, therefore, but did not cease to wish for some opportunity of renewing our friendly understanding.

Two or three years after, having had the misfortune to lose a daughter, between whom and Mrs. Adams there had been a considerable attachment, she made it the occasion of writing me a letter, in which, with the tenderest expressions of concern at this event, she carefully avoided a single one of friendship towards myself, and even concluded it with the wishes 'of her who once took pleasure in subscribing herself your friend, Abigail Adams.' Unpromising as was the complexion of this letter, I determined to make an effort towards removing the clouds from between us. This brought on a correspondence which I now enclose for your perusal, after which be so good as to return it to me, as I have never communicated it to any mortal breathing, before. I send it to you, to convince you I have not been wanting either in the desire, or the endeavor to remove this misunderstanding. Indeed, I thought it highly disgraceful to us both, as indicating minds not sufficiently elevated to prevent a public competition from affecting our personal friendship. I soon found from the correspondence that conciliation was desperate, and yielding to an intimation in her last letter, I ceased from further explanation. I have the same good opinion of Mr. Adams which I ever had. I know him to be an honest man, an able one with his pen, and he was a powerful advocate on the floor of Congress. He has been alienated from me, by belief in the lying suggestions contrived for electioneering purposes, that I perhaps mixed in the activity and intrigues of the occasion. My most intimate friends can testify that I was perfectly passive. They would sometimes, indeed, tell me what was going on; but no man ever heard me take part in such conversations; and none ever misrepresented Mr. Adams in my presence without my asserting his just character. With very confidential persons I have doubtless disapproved of the principles and practices of his administration. This was unavoidable. But never with those with whom it could do him any injury. Decency would have required this conduct from me, if disposition had not: and I am satisfied Mr. Adams's conduct was equally honorable towards me. But I think it part of his character to suspect foul play in those of whom he is jealous, and not easily to relinquish his suspicions.

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

Th: Jefferson.



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

TO M. DESTUTT TRACY.

Monticello, January 26, 1811.

Sir,

The length of time your favor of June the 12th, 1809, was on its way to me, and my absence from home the greater part of the autumn, delayed very much the pleasure which awaited me of reading the packet which accompanied it. I cannot express to you the satisfaction which I received from its perusal. I had, with the world, deemed Montesquieu's a work of much merit; but saw in it, with every thinking man, so much of paradox, of false principle, and misapplied fact, as to render its value equivocal on the whole. Williams and others had nibbled only at its errors. A radical correction of them, therefore, was a great desideratum. This want is now supplied, and with a depth of thought, precision; of idea, of language, and of logic, which will force conviction into every mind. I declare to you, Sir, in the spirit of truth and sincerity, that I consider it the most precious gift the present age has received. But what would it have been, had the author, or would the author, take up the whole scheme of Montesquieu's work, and following the correct analysis he has here developed, fill up all its parts according to his sound views of them. Montesquieu's celebrity would be but a small portion of that which would immortalize the author. And with whom? With the rational and high-minded spirits of the present and all future ages. With those whose approbation is both incitement and reward to virtue and ambition. Is then the hope desperate? To what object can the occupation of his future life be devoted so usefully to the world, so splendidly to himself? But I must leave to others who have higher claims on his attention, to press these considerations.

My situation, far in the interior of the country, was not favorable to the object of getting this work translated and printed. Philadelphia is the least distant of the great towns of our States, where there exists any enterprise in this way; and it was not till the spring following the receipt of your letter, that I obtained an arrangement for its execution. The translation is just now completed. The sheets came to me by post, from time to time, for revisal; but not being accompanied by the original, I could not judge of verbal accuracies. I think, however, it is substantially correct, without being an adequate representation of the excellences of the original; as indeed no translation can be. I found it impossible to give it the appearance of an original composition in our language. I therefore think it best to divert inquiries after the author towards a quarter where he will not be found; and with this view, propose to prefix the prefatory epistle now enclosed. As soon as a copy of the work can be had, I will send it to you by duplicate. The secret of the author will be faithfully preserved during his and my joint lives; and those into whose hands my papers will fall at my death will be equally worthy of confidence. When the death of the author, or his living consent shall permit the world to know their benefactor, both his and my papers will furnish the evidence. In the mean time, the many important truths the works so solidly establishes, will, I hope, make it the political rudiment of the young, and manual of our older citizens.

One of its doctrines, indeed, the preference of a plural over a singular executive, will probably not be assented to here. When our present government was first established, we had many doubts on this question, and many leanings towards a supreme executive council. It happened that at that time the experiment of such an one was commenced in France, while the single executive was under trial here. We watched the motions and effects of these two rival plans, with an interest and anxiety proportioned to the importance of a. choice between them. The experiment in France failed after a short course, and not from any circumstance peculiar to the times or nation, but from those internal jealousies and dissensions in the Directory, which will ever arise among men equal in power, without a principal to decide and control their differences. We had tried a similar experiment in 1784, by establishing a committee of the States, composed of a member from every State, then thirteen, to exercise the executive functions during the recess of Congress. They fell immediately into schisms and dissensions, which became at length so inveterate as to render all co-operation among them impracticable: they dissolved themselves, abandoning the helm of government, and it continued without a head, until Congress met the ensuing winter. This was then imputed to the temper of two or three individuals; but the wise ascribed it to the nature of man. The failure of the French Directory, and from the same cause, seems to have authorized a belief that the form of a plurality, however promising in theory, is impracticable with men constituted with the ordinary passions. While the tranquil and steady tenor of our single executive, during a course of twenty-two years of the most tempestuous times the history of the world has ever presented, gives a rational hope that this important problem is at length solved. Aided by the counsels of a cabinet of Heads of departments, originally four, but now five, with whom the President consults, either singly or all together, he has the benefit of their wisdom and information, brings their views to one centre, and produces an unity of action and direction in all the branches of the government. The excellence of this construction of the executive power has already manifested itself here under very opposite circumstances. During the administration of our first President, his cabinet of four members was equally divided, by as marked an opposition of principle, as monarchism and republicanism could bring into conflict. Had that cabinet been a directory, like positive and negative quantities in Algebra, the opposing wills would have balanced each other, and produced a state of absolute inaction. But the President heard with calmness the opinions and reasons of each, decided the course to be pursued, and kept the government steadily in it, unaffected by the agitation. The public knew well the dissensions of the cabinet, but never had an uneasy thought on their account; because they knew also they had provided a regulating power, which would keep the machine in steady movement. I speak with an intimate knowledge of these scenes, quorum pars fui; as I may of others of a character entirely opposite. The third administration, which was of eight years, presented an example of harmony in a cabinet of six persons, to which perhaps history has furnished no parallel. There never arose, during the whole time, an instance of an unpleasant thought or word between the members. We sometimes met under differences of opinion, but scarcely ever failed, by conversing and reasoning, so to modify each other's ideas, as to produce an unanimous result. Yet, able and amiable as these members were, I am not certain this would have been the case, had each possessed equal and independent powers. Ill defined limits of their respective departments, jealousies, trifling at first, but nourished and strengthened by repetition of occasions, intrigues without doors of designing persons to build an importance to themselves on the divisions of others, might, from small beginnings, have produced persevering oppositions. But the power of decision in the President left no object for internal dissension, and external intrigue was stifled in embryo by the knowledge which incendiaries possessed, that no divisions they could foment would change the course of the executive power. I am not conscious that my participations in executive authority have produced any bias in favor of the single executive; because the parts I have acted have been in the subordinate, as well as superior stations, and because, if I know myself, what I have felt, and what I have wished, I know that I have never been so well pleased, as when I could shift power from my own, on the shoulders of others; nor have I ever been able to conceive how any rational being could propose happiness to himself from the exercise of power over others.

I am still, however, sensible of the solidity of your principle, that, to insure the safety of the public liberty, its depository should be subject to be changed with the greatest ease possible, and without suspending or disturbing for a moment the movements of the machine of government. You apprehend that a single executive, with, eminence of talent, and destitution of principle, equal to the object, might, by usurpation, render his powers hereditary. Yet I think history furnishes as many examples of a single usurper arising out of a government by a plurality, as of temporary trusts of power in a single hand rendered permanent by usurpation. I do not believe, therefore, that this danger is lessened in the hands of a plural executive. Perhaps it is greatly increased, by the state of inefficiency to which they are liable from feuds and divisions among themselves. The conservative body you propose might be so constituted, as, while it would be an admirable sedative in a variety of smaller cases, might also be a valuable sentinel and check on the liberticide views of an ambitious individual. I am friendly to this idea. But the true barriers of our liberty in this country are our State governments: and the wisest conservative power ever contrived by man, is that of which our Revolution and present government found us possessed. Seventeen distinct States, amalgamated into one as to their foreign concerns, but single and independent as to their internal administration, regularly organized with a legislature and governor resting on the choice of the people, and enlightened by a free press, can never be so fascinated by the arts of one man, as to submit voluntarily to his usurpation. Nor can they be constrained to it by any force he can possess. While that may paralyze the single State in which it happens to be encamped, sixteen others, spread over a country of two thousand miles diameter, rise up on every side, ready organized for deliberation by a constitutional legislature, and for action by their governor, constitutionally the commander of the militia of the State, that is to say, of every man in it, able to bear arms; and that militia, too, regularly formed into regiments and battalions, into infantry, cavalry, and artillery, trained under officers general and subordinate, legally appointed, always in readiness, and to whom they are already in habits of obedience. The republican government of France was lost without a struggle, because the party of 'un et indivisible' had prevailed: no provincial organizations existed to which the people might rally under authority of the laws, the seats of the directory were virtually vacant, and a small force sufficed to turn the legislature out of their chamber and to salute its leader chief of the nation. But with us, sixteen out of seventeen States rising in mass, under regular organization and legal commanders, united in object and action by their Congress, or, if that be in duresse, by a special convention, present such obstacles to an usurper as for ever to stifle ambition in the first conception of that object.

Dangers of another kind might more reasonably be apprehended from this perfect and distinct organization, civil and military, of the States; to wit, that certain States, from local and occasional discontents, might attempt to secede from the Union. This is certainly possible; and would be befriended by this regular organization. But it is not probable that local discontents can spread to such an extent, as to be able to face the sound parts of so extensive an union: and if ever they could reach the majority, they would then become the regular government, acquire the ascendancy in Congress, and be able to redress their own grievances by laws peaceably and constitutionally passed. And even the States in which local discontents might engender a commencement of fermentation, would be paralyzed and self-checked by that very division into parties into which we have fallen, into which all States must fall wherein men are at liberty to think, speak, and act freely, according to the diversities of their individual conformations, and which are, perhaps, essential to preserve the purity of the government, by the censorship which these parties habitually exercise over each other.

You will read, I am sure, with indulgence, the explanations of the grounds on which I have ventured to form an opinion differing from yours. They prove my respect for your judgment, and diffidence of my own, which have forbidden me to retain, without examination, an opinion questioned by you. Permit me now to render my portion of the general debt of gratitude, by acknowledgments in advance for the singular benefaction which is the subject of this letter, to tender my wishes for the continuance of a life so usefully employed, and to add the assurances of my perfect esteem and respect.

Th: Jefferson.



LETTER XCVI.—TO COLONEL MONROE, May 5, 1811

TO COLONEL MONROE.

Monticello, May 5, 1811.

Dear Sir,

Your favor on your departure from Richmond came to hand in due time. Although I may not have been among the first, I am certainly with the sincerest, who congratulate you on your re-entrance into the national councils. Your value there has never been unduly estimated by those whom personal feelings did not misguide. The late misunderstandings at Washington have been a subject of real concern to me. I know that the dissolutions of personal friendships are among the most painful occurrences in human life. I have sincere esteem for all who have been affected by them, having passed with them eight years of great harmony and affection. These incidents are rendered more distressing in our country than elsewhere, because our printers ravin on the agonies of their victims, as wolves do on the blood of the lamb. But the printers and the public are very different personages. The former may lead the latter a little out of their track, while the deviation is insensible: but the moment they usurp their direction and that of their government, they will be reduced to their true places. The two last Congresses have been the theme of the most licentious reprobation for printers thirsting after war, some against France, and some against England. But the people wish for peace with both. They feel no incumbency on them to become the reformers of the other hemisphere, and to inculcate, with fire and sword, a return to moral order. When, indeed, peace shall become more losing than war, they may owe to their interest, what these Quixottes are clamoring for on false estimates of honor. The public are unmoved by these clamors, as the re-election of their legislators shows, and they are firm to their executive on the subject of the more recent clamors.

We are suffering here both in the gathered and the growing crop. The lowness of the river, and great quantity of produce brought to Milton this year, render it almost impossible to get our crops to market. This is the case of mine as well as yours: and the Hessian fly appears alarmingly in our growing crop. Every thing is in distress for the want of rain.

Present me respectfully to Mrs. Monroe, and accept yourself assurances of my constant and affectionate esteem.

Th: Jefferson.



LETTER XCVII.—TO GENERAL DEARBORN, August 14, 1811

TO GENERAL DEARBORN.

Poplar Forest, August 14, 1811.

Dear General and Friend,

*****

I am happy to learn that your own health is good, and I hope it will long continue so. The friends we left behind us have fallen out by the way. I sincerely lament it, because I sincerely esteem them all, and because it multiplies schisms where harmony is safety. As far as I have been able to judge, however, it has made no sensible impression against the government. Those who were murmuring before are a little louder now; but the mass of our citizens is firm and unshaken. It furnishes, as an incident, another proof that they are perfectly equal to the purposes of self-government, and that we have nothing to fear for its stability. The spirit, indeed, which manifests itself among the tories of your quarter, although I believe there is a majority there sufficient to keep it down in peaceable times, leaves me not without some disquietude. Should the determination of England, now formally expressed, to take possession of the ocean, and to suffer no commerce on it but through her ports, force a war upon us, I foresee a possibility of a separate treaty between her and your Essex men, on the principles of neutrality and commerce. Pickering here, and his nephew Williams there, can easily negotiate this. Such a lure to the quietists in our ranks with you, might recruit theirs to a majority. Yet, excluded as they would be from intercourse with the rest of the Union and of Europe, I scarcely see the gain they would propose to themselves, even for the moment. The defection would certainly disconcert the other States, but it could not ultimately endanger their safety. They are adequate, in all points, to a defensive war. However, I hope your majority, with the aid it is entitled to, will save us from this trial, to which I think it possible we are advancing. The death of George may come to our relief; but I fear the dominion of the sea is the insanity of the nation itself also. Perhaps, if some stroke of fortune were to rid us at the same time from the Mammoth of the land as well as the Leviathan of the ocean, the people of England might lose their fears, and recover their sober senses again. Tell my old friend, Governor Gerry, that I gave him glory for the rasping with which he rubbed down his herd of traitors. Let them have justice and protection against personal violence, but no favor. Powers and pre-eminences conferred on them are daggers put into the hands of assassins, to be plunged into our own bosoms in the moment the thrust can go home to the heart. Moderation can never reclaim them. They deem it timidity, and despise without fearing the tameness from which it flows. Backed by England, they never lose the hope that their day is to come, when the terrorism of their earlier power is to be merged in the more gratifying system,of deportation and the guillotine. Being now hors de combat myself, I resign to others these cares. A long attack of rheumatism has greatly enfeebled me, and warns me, that they will not very long be within my ken. But you may have to meet the trial, and in the focus of its fury. God send you a safe deliverance, a happy issue out of all afflictions, personal and public, with long life, long health, and friends as sincerely attached, as yours affectionately,

Th: Jefferson.



LETTER XCVIII.—TO DOCTOR BENJAMIN RUSH

TO DOCTOR BENJAMIN RUSH.

Poplar Forest, December 5, 1811.

Dear Sir,

While at Monticello I am so much engrossed by business or society, that I can only write on matters of strong urgency. Here I have leisure, as I have every where the disposition, to think of my friends. I recur, therefore, to the subject of your kind letters relating to Mr. Adams and myself, which a late occurrence has again presented to me. I communicated to you the correspondence which had parted Mrs. Adams and myself, in proof that I could not give friendship in exchange for such sentiments as she had recently taken up towards myself, and avowed and maintained in her letters to me. Nothing but a total renunciation of these could admit a reconciliation, and that could be cordial only in proportion as the return to ancient opinions was believed sincere. In these jaundiced sentiments of hers I had associated Mr. Adams, knowing the weight which her opinions had with him, and notwithstanding she declared in her letters that they were not communicated to him. A late incident has satisfied me that I wronged him as well as her in not yielding entire confidence to this assurance on her part. Two of the Mr. ———, my neighbors and friends, took a tour to the northward during the last summer. In Boston they fell into company with Mr. Adams, and by his invitation passed a day with him at Braintree. He spoke out to them every thing which came uppermost, and as it occurred to his mind, without any reserve, and seemed most disposed to dwell on those things which happened during his own administration. He spoke of his masters, as he called his Heads of departments, as acting above his control, and often against his opinions. Among many other topics, he adverted to the unprincipled licentiousness of the press against myself, adding, 'I always loved Jefferson, and still love him.'

This is enough for me. I only needed this knowledge to revive towards him all the affections of the most cordial moments of our lives. Changing a single word only in Dr. Franklin's character of him, I knew him to be always an honest man, often a great one, but sometimes incorrect and precipitate in his judgments: and it is known to those who have ever heard me speak of Mr. Adams, that I have ever done him justice myself, and defended him when assailed by others, with the single exception as to his political opinions. But with a man possessing so many other estimable qualities, why should we be dissocialized by mere differences of opinion in politics, in religion, in philosophy, or any thing else. His opinions are as honestly formed as my own. Our different views of the same subject are the result of a difference in our organization and experience. I never withdrew from the society of any man on this account, although many have done it from me; much less should I do it from one with whom I had gone through, with hand and heart, so many trying scenes. I wish, therefore, but for an apposite occasion to express to Mr. Adams my unchanged affections for him. There is an awkwardness which hangs over the resuming a correspondence so long discontinued, unless something could arise which should call for a letter. Time and chance may perhaps generate such an occasion, of which I shall not be wanting in promptitude to avail myself. From this fusion of mutual affections, Mrs. Adams is of course separated. It will only be necessary that I never name her. In your letters to Mr. Adams, you can, perhaps, suggest my continued cordiality towards him, and knowing this, should an occasion of writing first present itself to him, he will perhaps avail himself of it, as I certainly will, should it first occur to me. No ground for jealousy now existing, he will certainly give fair play to the natural warmth of his heart. Perhaps I may open the way in some letter to my old friend Gerry, who I know is in habits of the greatest intimacy with him.

I have thus, my friend, laid open my heart to you, because you were so kind as to take an interest in healing again revolutionary affections, which have ceased in expression only, but not in their existence. God ever bless you, and preserve you in life and health.

Th: Jefferson.



LETTER XCIX.—TO JOHN ADAMS, January 21, 1812

TO JOHN ADAMS.

Monticello, January 21, 1812.

Dear Sir,

I thank you beforehand (for they are not yet arrived) for the specimens of homespun you have been so kind as to forward me by post. I doubt not their excellence, knowing how far you are advanced in these things in your quarter. Here we do little in the fine way, but in coarse and middling goods a great deal. Every family in the country is a manufactory within itself, and is very generally able to make within itself all the stouter and middling stuffs for its own clothing and household use. We consider a sheep for every person in the family as sufficient to clothe it, in addition to the cotton, hemp, and flax, which we raise ourselves. For fine stuff we shall depend on your northern manufactories. Of these, that is to say, of company establishments, we have none. We use little machinery. The spinning jenny, and loom with the flying shuttle, can be managed in a family; but nothing more complicated. The economy and thriftiness resulting from our household manufactures are such that they will never again be laid aside; and nothing more salutary for us has ever happened than the British obstructions to our demands for their manufactures. Restore free intercourse when they will, their commerce with us will have totally changed its form, and the articles we shall in future want from them will not exceed their own consumption of our produce.

A letter from you calls up recollections very dear to my mind. It carries me back to the times when, beset with difficulties and dangers, we were fellow-laborers in the same cause, struggling for what is most valuable to man, his right of self-government. Laboring always at the same oar, with some wave ever ahead threatening to overwhelm us, and yet passing harmless under our bark, we knew not how, we rode through the storm with heart and hand, and made a happy port. Still we did not expect to be without rubs and difficulties; and we have had them. First the detention of the western posts: then the coalition of Pilnitz, outlawing our commerce with France, and the British enforcement of the outlawry. In your day, French depredations: in mine, English, and the Berlin and Milan decrees: now, the English orders of council, and the piracies they authorize. When these shall be over, it will be the impressment of our seamen, or something else: and so we have gone on, and so we shall go on, puzzled and prospering beyond example in the history of man. And I do believe we shall continue to growl, to multiply, and prosper, until we exhibit an association, powerful, wise, and happy, beyond what has yet been seen by men. As for France and England, with all their pre-eminence in science, the one is a den of robbers, and the other of pirates. And if science produces no better fruits than tyranny, murder, rapine, and destitution of national morality, I would rather wish our country to be ignorant, honest, and estimable, as our neighboring savages are. But whither is senile garrulity leading me? Into politics, of which I have taken final leave. I think little of them, and say less. I have given up newspapers in exchange for Tacitus and Thucydides, for Newton and Euclid, and I find myself much the happier. Sometimes, indeed, I look back to former occurrences, in remembrance of our old friends and fellow-laborers, who have fallen before us. Of the signers of the Declaration of Independence, I see now living not more than half a dozen on your side of the Potomac, and on this side, myself alone. You and I have been wonderfully spared, and myself with remarkable health, and a considerable activity of body and mind. I am on horseback three or four hours of every day; visit three or four times a year a possession I have ninety miles distant, performing the winter journey on horseback. I walk little, however, a single mile being too much for me; and I live in the midst of my grandchildren, one of whom has lately promoted me to be a great-grandfather. I have heard with pleasure that you also retain good health, and a greater power of exercise in walking than I do. But I would rather have heard this from yourself, and that, writing a letter like mine, full of egotisms, and of details of your health, your habits, occupations, and enjoyments, I should have the pleasure of knowing, that in the race of life, you do not keep, in its physical decline, the same distance ahead of me, which you have done in political honors and achievements. No circumstances have lessened the interest I feel in these particulars respecting yourself; none have suspended for one moment my sincere esteem for you, and I now salute you with unchanged affection and respect.

Th: Jefferson.



LETTER C.—TO JOHN ADAMS, April 20, 1812

TO JOHN ADAMS.

Monticello, April 20, 1812.

Dear Sir,

I have it now in my power to send you a piece of homespun in return for that I received from you. Not of the fine texture, or delicate character of yours, or, to drop our metaphor, not filled as that was with that display of imagination which constitutes excellence in Belles Lettres, but a mere sober, dry, and formal piece of logic. Ornari res ipsa negat. Yet you may have enough left of your old taste for law reading, to cast an eye over some of the questions it discusses. At any rate, accept it as the offering of esteem and friendship.

You wish to know something of the Richmond and Wabash prophets. Of Nimrod Hews I never before heard. Christopher Macpherson I have known for twenty years. He is a man of color, brought up as a book-keeper by a merchant, his master, and afterwards enfranchised. He had understanding enough to post up his leger from his journal, but not enough to bear up against hypochrondriac affections, and the gloomy forebodings they inspire. He became crazy, foggy, his head always in the clouds, and rhapsodizing what neither himself nor any one else could understand. I think he told me he had visited you personally while you were in the administration, and wrote you letters, which you have probably forgotten in the mass of the correspondences of that crazy class, of whose complaints, and terrors, and mysticisms, the several Presidents have been the regular depositories. Macpherson was too honest to be molested by any body, and too inoffensive to be a subject for the mad-house; although, I believe, we are told in the old book, that 'every man that is mad, and maketh himself a prophet, thou shouldst put him in prison and in the stocks.'

The Wabash prophet is a very different character, more rogue than fool, if to be a rogue is not the greatest of all follies. He arose to notice while I was in the administration, and became, of course, a proper subject of inquiry for me. The inquiry was made with diligence. His declared object was the reformation of his red brethren, and their return to their pristine manner of living. He pretended to be in constant communication with the Great Spirit; that he was instructed by him to make known to the Indians that they were created by him distinct from the whites, of different natures, for different purposes, and placed under different circumstances, adapted to their nature and destinies; that they must return from all the ways of the whites to the habits and opinions of their forefathers; they must not eat the flesh of hogs, of bullocks, of sheep, &c. the deer and buffalo having been created for their food; they must not make bread of wheat, but of Indian corn; they must not wear linen nor woollen, but dress like their fathers in the skins and furs of animals; they must not drink ardent spirits: and I do not remember whether he extended his inhibitions to the gun and gunpowder, in favor of the bow and arrow. I concluded from all this that he was a visionary, enveloped in the clouds of their antiquities, and vainly endeavoring to lead back his brethren to the fancied beatitudes of their golden age. I thought there was little danger of his making many proselytes from the habits and comforts they had learned from the whites, to the hardships and privations of savagism, and no great harm if he did. We let him go on, therefore, unmolested. But his followers increased till the English thought him worth corruption, and found him corruptible. I suppose his views were then changed; but his proceedings in consequence of them were after I left the administration, and are, therefore, unknown to me; nor have I ever been informed what were the particular acts on his part, which produced, an actual commencement of hostilities on ours. I have no doubt, however, that his subsequent proceedings are but a chapter apart, like that of Henry and Lord Liverpool, in the book of the Kings of England.

Of this mission of Henry, your son had got wind in the time of the embargo, and communicated it to me. But he had learned nothing of the particular agent, although, of his workings, the information he had obtained appears now to have been correct. He stated a particular which Henry has not distinctly brought forward, which was, that the eastern States were not to be required to make a formal act of separation from the Union, and to take a part in the war against it; a measure deemed much too strong for their people: but to declare themselves in a state of neutrality, in consideration of which they were to have peace and free commerce, the lure most likely to insure popular acquiescence. Having no indications of Henry as the intermediate in this negotiation of the Essex junto, suspicions fell on Pickering, and his nephew Williams in London. If he was wronged in this, the ground of the suspicion is to be found in his known practices and avowed opinions, as that of his accomplices in the sameness of sentiment and of language with Henry, and subsequently by the fluttering of the wounded pigeons.

This letter, with what it encloses, has given you enough, I presume, of law and the prophets. I will only add to it, therefore, the homage of my respects to Mrs. Adams, and to yourself the assurances of affectionate esteem and respect.

Th: Jefferson.



LETTER CI.—TO JAMES MAURY, April 25, 1812

TO JAMES MAURY.

Monticello, April 25, 1812.

My Dear and Ancient Friend and Classmate,

Often has my heart smote me for delaying acknowledgments to you, receiving, as I do, such frequent proofs of your kind recollection in the transmission of papers to me. But instead of acting on the good old maxim of not putting off to to-morrow what we can do to-day, we are too apt to reverse it, and not to do today what we can put off to to-morrow. But this duty can be no longer put off. To-day we are at peace; to-morrow war. The curtain of separation is drawing between us, and probably will not be withdrawn till one, if not both of us, will be at rest with our fathers. Let me now, then, while I may, renew to you the declarations of my warm attachment, which in no period of life has ever been weakened, and seems to become stronger as the remaining objects of our youthful affections are fewer.

Our two countries are to be at war, but not you and I. And why should our two countries be at war, when by peace we can be so much more useful to one another? Surely the world will acquit our government of having sought it. Never before has there been an instance of a nation's bearing so much as we have borne. Two items alone in our catalogue of wrongs will for ever acquit us of being the aggressors; the impressment of our seamen, and the excluding us from the ocean. The first foundations of the social compact would be broken up, were we definitively to refuse to its members the protection of their persons and property, while in their lawful pursuits. I think the war will not be short, because the object of England, long obvious, is to claim the ocean as her domain, and to exact transit duties from every vessel traversing it. This is the sum of her orders of council, which were only a step in this bold experiment, never meant to be retracted if it could be permanently maintained. And this object must continue her in war with all the world. To this I see no termination, until her exaggerated efforts, so much beyond her natural strength and resources, shall have exhausted her to bankruptcy. The approach of this crisis is, I think, visible in the departure of her precious metals, and depreciation of her paper medium. We, who have gone through that operation, know its symptoms, its course, and consequences. In England they will be more serious than elsewhere, because half the wealth of her people is now in that medium, the private revenue of her money-holders, or rather of her paper-holders, being, I believe, greater than that of her land-holders. Such a proportion of property, imaginary and baseless as it is, cannot be reduced to vapor, but with great explosion. She will rise out of its ruins, however, because her lands, her houses, her arts, will remain, and the greater part of her men. And these will give her again that place among nations which is proportioned to her natural means, and which we all wish her to hold. We believe that the just standing of all nations is the health and security of all. We consider the overwhelming power of England on the ocean, and of France on the land, as destructive of the prosperity and happiness of the world, and wish both to be reduced only to the necessity of observing moral duties. We believe no more in Bonaparte's fighting merely for the liberty of the seas, than in Great Britain's fighting for the liberties of mankind. The object of both is the same, to draw to themselves the power, the wealth, and the resources of other nations. We resist the enterprises of England first, because they first come vitally home to us. And our feelings repel the logic of bearing the lash of George the III. for fear of that of Bonaparte at some future day. When the wrongs of France shall reach us with equal effect, we shall resist them also. But one at a time is enough: and having offered a choice to the champions, England first takes up the gauntlet.

The English newspapers suppose me the personal enemy of their nation. I am not so. I am an enemy to its injuries, as I am to those of France. If I could permit myself to have national partialities, and if the conduct of England would have permitted them to be directed towards her, they would have been so. I thought that, in the administration of Mr. Addington, I discovered some dispositions towards justice, and even friendship and respect for us, and began to pave the way for cherishing these dispositions, and improving them into ties of mutual good will. But we had then a federal minister there, whose dispositions to believe himself, and to inspire others with a belief, in our sincerity, his subsequent conduct has brought into doubt; and poor Merry, the English minister here, had learned nothing of diplomacy but its suspicions, without head enough to distinguish when they were misplaced. Mr. Addington and Mr. Fox passed away too soon to avail the two countries of their dispositions. Had I been personally hostile to England, and biassed in favor of either the character or views of her great antagonist, the affair of the Chesapeake put war into my hand. I had only to open it, and let havoc loose. But if ever I was gratified with the possession of power, and of the confidence of those who had entrusted me with it, it was on that occasion, when I was enabled to use both for the prevention of war, towards which the torrent of passion here was directed almost irresistibly, and when not another person in the United States, less supported by authority and favor, could have resisted it. And now that a definitive adherence to her impressments and orders of council renders war no longer avoidable, my earnest prayer is, that our government may enter into no compact of common cause with the other belligerent, but keep us free to make a separate peace, whenever England will separately give us peace, and future security. But Lord Liverpool is our witness, that this can never be but by her removal from our neighborhood.

I have thus, for a moment, taken a range into the field of politics, to possess you with the view we take of things here. But in the scenes which are to ensue, I am to be but a spectator. I have withdrawn myself from all political intermeddlings, to indulge the evening of my life with what have been the passions of every portion of it, books, science, my farms, my family, and friends.

To these every hour of the day is now devoted. I retain a good activity of mind, not quite as much of body, but uninterrupted health. Still the hand of age is upon me. All my old friends are nearly gone. Of those in my neighborhood, Mr. Divers and Mr. Lindsay alone remain. If you could make it a partie quarree, it would be a comfort indeed. We would beguile our lingering hours with talking over our youthful exploits, our hunts on Peter's Mountain, with a long train of et cetera in addition, and feel, by recollection at least, a momentary flash of youth. Reviewing the course of a long and sufficiently successful life, I find in no portion of it happier moments than those were. I think the old hulk in which you are, is near her wreck, and that like a prudent rat, you should escape in time. However, here, there, and every where, in peace or in war, you will have my sincere affections, and prayers for your life, health, and happiness.

Th: Jefferson.



LETTER CII.—TO THE PRESIDENT, May 30, 1812

TO THE PRESIDENT.

Monticello, May 30, 1812.

Dear Sir,

Another communication is enclosed, and the letter of the applicant is the only information I have of his qualifications. I barely remember such a person as the secretary of Mr. Adams, and messenger to the Senate while I was of that body. It enlarges the sphere of choice by adding to it a strong federalist. The triangular war must be the idea of the Anglomen and malcontents; in other words, the federalists and quids. Yet it would reconcile neither. It would only change the topic of abuse with the former, and not cure the mental disease of the latter. It would prevent our eastern capitalists and seamen from employment in privateering, take away the only chance of conciliating them, and keep them at home, idle, to swell the discontents; it would completely disarm us of the most powerful weapon we can employ against Great Britain, by shutting every port to our prizes, and yet would not add a single vessel to their number; it would shut every market to our agricultural productions, and engender impatience and discontent with that class which, in fact, composes the nation; it would insulate us in general negotiations for peace, making all the parties our opposers, and very indifferent about peace with us, if they have it with the rest of the world; and would exhibit a solecism worthy of Don Quixotte only, that of a choice to fight two enemies at a time, rather than to take them by succession. And the only motive for all this is a sublimated impartiality, at which the world will laugh, and our own people will turn upon us in mass as soon as it is explained to them, as it will be by the very persons who are now laying that snare. These are the hasty views of one who rarely thinks on these subjects. Your own will be better, and I pray to them every success, and to yourself every felicity.

Th: Jefferson.



LETTER CIII.—TO ELBRIDGE GERRY, June 11, 1812

TO ELBRIDGE GERRY.

Monticello, June 11, 1812.

Dear Sir,

It has given me great pleasure to receive a letter from you. It seems as if, our ancient friends dying off, the whole mass of the affections of the heart survives undiminished to the few who remain. I think our acquaintance commenced in 1764, both then just of age. We happened to take lodgings in the same house in New York. Our next meeting was in the Congress of 1775, and at various times afterwards in the exercise of that and other public functions, until your mission to Europe. Since we have ceased to meet, we have still thought and acted together, 'et idem velle, atque idem nolle, ea demum amicitia est.' Of this harmony of principle, the papers you enclosed me are proof sufficient. I do not condole with you on your release from your government. The vote of your opponents is the most honorable mark by which the soundness of your conduct could be stamped. I claim the same honorable testimonial. There was but a single act of my whole administration of which that party approved. That was the proclamation on the attack of the Chesapeake. And when I found they approved of it, I confess I began strongly to apprehend I had done wrong, and to exclaim with the Psalmist, 'Lord, what have I done, that the wicked should praise me!'

What, then, does this English faction with you mean? Their newspapers say rebellion, and that they will not remain united with us unless we will permit them to govern the majority. If this be their purpose, their anti-republican spirit, it ought to be met at once. But a government like ours should be slow in believing this, should put forth its whole might when necessary to suppress it, and promptly return to the paths of reconciliation. The extent of our country secures it, I hope, from the vindictive passions of the petty incorporations of Greece. I rather suspect that the principal office of the other seventeen States will be to moderate and restrain the local excitement of our friends with you, when they (with the aid of their brethren of the other States, if they need it) shall have brought the rebellious to their feet. They count on British aid. But what can that avail them by land? They would separate from their friends, who alone furnish employment for their navigation, to unite with their only rival for that employment. When interdicted the harbors of their quondam brethren, they will go, I suppose, to ask a share in the carrying-trade of their rivals, and a dispensation with their navigation act. They think they will be happier in an association under the rulers of Ireland, the East and West Indies, than in an independent government, where they are obliged to put up with their proportional share only in the direction of its affairs. But I trust that such perverseness will not be that of the honest and well meaning mass of the federalists of Massachusetts; and that when the questions of separation and rebellion shall be nakedly proposed to them, the Gores and the Pickerings will find their levees crowded with silk-stocking gentry, but no yeomanry; an army of officers without soldiers. I hope, then, all will still end well: the Anglomen will consent to make peace with their bread and butter, and you and I shall sink to rest, without having been actors or spectators in another civil war.

How many children have you? You beat me, I expect, in that count; but I you in that of our grand-children. We have not timed these things well together, or we might have begun a re-alliance between Massachusetts and the Old Dominion, faithful companions in the war of Independence, peculiarly tallied in interests, by each wanting exactly what the other has to spare; and estranged to each other, in latter times, only by the practices of a third nation, the common enemy of both. Let us live only to see this re-union, and I will say with old Simeon, 'Lord, now lettest thou thy servant depart in peace, for mine eyes have seen thy salvation.' In that peace may you long remain, my friend, and depart only in the fulness of years, all passed in health and prosperity. God bless you.

Th: Jefferson.

P.S. June 13. I did not condole with you on the reprobation of your opponents, because it proved your orthodoxy. Yesterday's post brought me the resolution of the republicans of Congress, to propose you as Vice-President. On this I sincerely congratulate you. It is a stamp of double proof. It is a notification to the factionaries that their nay is the yea of truth, and its best test. We shall be almost within striking distance of each other. Who knows but you may fill up some short recess of Congress with a visit to Monticello, where a numerous family will hail you with a hearty country welcome. T.J.



LETTER CIV.—TO JUDGE TYLER, June 17,1812

TO JUDGE TYLER.

Monticello, June 17,1812.

Dear Sir,

*****

On the other subject of your letter, the application of the common law to our present situation, I deride with you the ordinary doctrine, that we brought with us from England the common law rights. This narrow notion was a favorite in the first moment of rallying to our rights against Great Britain. But it was that of men who felt their rights before they had thought of their explanation. The truth is, that we brought with us the rights of men; of expatriated men. On our arrival here, the question would at once arise, by what law will we govern ourselves? The resolution seems to have been, by that system with which we are familiar, to be altered by ourselves occasionally, and adapted to our new situation. The proofs of this resolution are to be found in the form of the oaths of the judges, 1 Hening's Stat. 169, 187; of the Governor, ib. 504; in the act for a provisional government, ib. 372; in the preamble to the laws of 1661-2; the uniform current of opinions and decisions; and in the general recognition of all our statutes framed on that basis. But the state of the English law at the date of our emigration, constituted the system adopted here. We may doubt, therefore, the propriety of quoting in our courts English authorities subsequent to that adoption; still more, the admission of authorities posterior to the Declaration of Independence, or rather to the accession of that King, whose reign, ab initio, was that very tissue of wrongs which rendered the Declaration at length necessary. The reason for it had inception at least as far back as the commencement of his reign. This relation to the beginning of his reign, would add the advantage of getting us rid of all Mansfield's innovations, or civilizations of the common law. For however I admit the superiority of the civil, over the common law code, as a system of perfect justice, yet an incorporation of the two would be like Nebuchadnezzar's image of metals and clay, a thing without cohesion of parts. The only natural improvement of the common law, is through its homogeneous ally, the chancery, in which new principles are to be examined, concocted, and digested. But when, by repeated decisions and modifications, they are rendered pure and certain, they should be transferred by statute to the courts of common law, and placed within the pale of juries. The exclusion from the courts of the malign influence of all authorities after the Georgium sidus became ascendant, would uncanonize Blackstone, whose book, although the most elegant and best digested of our law catalogue, has been perverted more than all others to the degeneracy of legal science. A student finds there a smattering of every thing, and his indolence easily persuades him, that if he understands that book, he is master of the whole body of the law. The distinction between these and those who have drawn their stores from the deep and rich mines of Coke's Littleton, seems well understood even by the unlettered common people, who apply the appellation of Blackstone-lawyers to these ephemeral insects of the law.

Whether we should undertake to reduce the common law, our own, and so much of the English statutes as we have adopted, to a text, is a question of transcendant difficulty. It was discussed at the first meeting of the committee of the revised code, in 1776, and decided in the negative, by the opinions of Wythe, Mason, and myself, against Pendleton and Thomas Lee. Pendleton proposed to take Blackstone for that text, only purging him of what was inapplicable, or unsuitable to us. In that case, the meaning of every word of Blackstone would have become a source of litigation, until it had been settled by repeated legal decisions. And to come at that meaning, we should have had produced, on all occasions, that very pile of authorities from which it would be said he drew his conclusion, and which, of course, would explain it, and the terms in which it is couched. Thus we should have retained the same chaos of law-lore from which we wished to be emancipated, added to the evils of the uncertainty which a new text and new phrases would have generated. An example of this may be found in the old statutes, and commentaries on them, in Coke's second institute; but more remarkably, in the institute of Justinian, and the vast masses, explanatory or supplementary of that, which fill the libraries of the civilians. We were deterred from the attempt by these considerations, added to which, the bustle of the times did not permit leisure for such an undertaking.

Your request of my opinion on this subject has given you the trouble of these observations. If your firmer mind in encountering difficulties, would have added your vote to the minority of the committee, you would have had on your side one of the greatest men of our age, and, like him, have detracted nothing from the sentiments of esteem and respect which I bore to him, and tender with sincerity the assurance of to yourself.

Th: Jefferson.



LETTER CV.—TO COLONEL WILLIAM DUANE, October 1, 1812

TO COLONEL WILLIAM DUANE.

Monticello, October 1, 1812.

Dear Sir,

Your favor of September the 20th has been duly received, and I cannot but be gratified by the assurance it expresses, that my aid in the councils of our government would increase the public confidence in them; because it admits an inference that they have approved of the course pursued, when I heretofore bore a part in those councils. I profess, too, so much of the Roman principle, as to deem it honorable for the general of yesterday to act as a corporal to-day, if his services can be useful to his country; holding that to be false pride, which postpones the public good to any private or personal considerations. But I am past service. The hand of age is upon me. The decay of bodily faculties apprizes me that those of the mind cannot be unimpaired, had I not still better proofs. Every year counts by increased debility, and departing faculties keep the score. The last year it was the sight, this it is the hearing, the next something else will be going, until all is gone. Of all this I was sensible before I left Washington, and probably my fellow-laborers saw it before I did. The decay of memory was obvious: it is now become distressing. But the mind, too, is weakened. When I was young, mathematics was the passion of my life. The same passion has returned upon me, but with unequal powers. Processes which I then read off with the facility of common discourse, now cost me labor, and time, and slow investigation. When I offered this, therefore, as one of the reasons deciding my retirement from office, it was offered in sincerity and a consciousness of its truth. And I think it a great blessing that I retain understanding enough to be sensible how much of it I have lost, and to avoid exposing myself as a spectacle for the pity of my friends; that I have surmounted the difficult point of knowing when to retire. As a compensation for faculties departed, nature gives me good health, and a perfect resignation to the laws of decay which she has prescribed to all the forms and combinations of matter.

The detestable treason of Hull has, indeed, excited a deep anxiety in all breasts. The depression was in the first moment gloomy and portentous. But it has been succeeded by a revived animation, and a determination to meet the occurrence with increased efforts; and I have so much confidence in the vigorous minds and bodies of our countrymen, as to be fearless as to the final issue. The treachery of Hull, like that of Arnold, cannot be matter of blame on our government. His character, as an officer of skill and bravery, was established on the trials of the last war, and no previous act of his life had led to doubt his fidelity. Whether the Head of the war department is equal to his charge, I am not qualified to decide. I knew him only as a pleasant, gentlemanly man in society; and the indecision of his character rather added to the amenity of his conversation. But when translated from the colloquial circle to the great stage of national concerns, and the direction of the extensive operations of war, whether he has been able to seize at one glance the long line of defenceless border presented by our enemy, the masses of strength which we hold on different points of it, the facility this gave us of attacking him, on the same day, on all his points, from the extremity of the lakes to the neighborhood of Quebec, and the perfect indifference with which this last place, impregnable as it is, might be left in the hands of the enemy to fall of itself; whether, I say, he could see and prepare vigorously for all this, or merely wrapped himself in the cloak of cold defence, I am uninformed. I clearly think with you on the competence of Monroe to embrace great views of action. The decision of his character, his enterprise, firmness, industry, and unceasing vigilance, would, I believe, secure, as I am sure they would merit, the public confidence, and give us all the success which our means can accomplish. If our operations have suffered or languished from any want of energy in the present head which directs them, I have so much confidence in the wisdom and conscientious integrity of Mr. Madison, as to be satisfied, that, however torturing to his feelings, he will fulfil his duty to the public and to his own reputation, by making the necessary change. Perhaps he may be preparing it while we are talking about it: for of all these things I am uninformed. I fear that Hull's surrender has been more than the mere loss of a year to us. Besides bringing on us the whole mass of savage nations, whom fear and not affection had kept in quiet, there is danger that in giving time to an enemy who can send reinforcements of regulars faster than we can raise them, they may strengthen Canada and Halifax beyond the assailment of our lax and divided powers. Perhaps, however, the patriotic efforts from Kentucky and Ohio, by recalling the British force to its upper posts, may yet give time to Dearborn to strike a blow below. Effectual possession of the river from Montreal to the Chaudiere, which is practicable, would give us the upper country at our leisure, and close for ever the scenes of the tomahawk and scalping-knife.

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