Kitabı oku: «The Writings of Thomas Jefferson, Vol. 4 (of 9)», sayfa 27

TO GENERAL KOSCIUSKO

Philadelphia, February 21, 1799.

Dear Friend, * * * * *

On politics I must write sparingly, lest it should fall into the hands of persons who do not love either you or me. The wonderful irritation produced in the minds of our citizens by the X. Y. Z. story, has in a great measure subsided. They begin to suspect and to see it coolly in its true light. Mr. Gerry's communications, with other information, prove to them that France is sincere in her wishes for reconciliation; and a recent proposition from that country, through Mr. Murray, puts the matter out of doubt. What course the government will pursue, I know not. But if we are left in peace, I have no doubt the wonderful turn in the public opinion now manifestly taking place and rapidly increasing, will, in the course of this summer, become so universal and so weighty, that friendship abroad and freedom at home will be firmly established by the influence and constitutional powers of the people at large. If we are forced into war, we must give up political differences of opinion, and unite as one man to defend our country. But whether at the close of such a war, we should be as free as we are now, God knows. In fine, if war takes place, republicanism has everything to fear; if peace, be assured that your forebodings and my alarms will prove vain; and that the spirit of our citizens now rising as rapidly as it was then running crazy, and rising with a strength and majesty which show the loveliness of freedom, will make this government in practice, what it is in principle, a model for the protection of man in a state of freedom and order. May heaven have in store for your country a restoration of these blessings, and you be destined as the instrument it will use for that purpose. But if this be forbidden by fate, I hope we shall be able to preserve here an asylum where your love of liberty and disinterested patriotism will be forever protected and honored, and where you will find, in the hearts of the American people, a good portion of that esteem and affection which glow in the bosom of the friend who writes this; and who, with sincere prayers for your health, happiness and success, and cordial salutations, bids you, for this time, adieu.

TO CHANCELLOR LIVINGSTON

Philadelphia, February 23, 1799.

Dear Sir,—I have received with great pleasure your favor on the subject of the steam engine. Though deterred by the complexity of that hitherto known, from making myself minutely acquainted with it, yet I am sufficiently acquainted with it to be sensible of the superior simplicity of yours, and its superior economy. I particularly thank you for the permission to communicate it to the Philosophical Society; and though there will not be another session before I leave town, yet I have taken care, by putting it into the hands of one of the Vice Presidents to-day, to have it presented at the next meeting. I lament the not receiving it a fortnight sooner, that it might have been inserted in a volume now closed, and to be published in a few days, before it would be possible for this engraving to be ready. There is one object to which I have often wished a steam engine could be adopted. You know how desirable it is both in town and country to be able to have large reservoirs of water on the top of our houses, not only for use (by pipes) in the apartments, but as a resource against fire. This last is most especially a desideratum in the country. We might indeed have water carried from time to time in buckets to cisterns on the top of the house, but this is troublesome, and therefore we never do it,—consequently are without resource when a fire happens. Could any agent be employed which would be little or no additional expense or trouble except the first purchase, it would be done. Every family has such an agent, its kitchen fire. It is small indeed, but if its small but constant action could be accumulated so as to give a stroke from time to time which might throw ever so small a quantity of water from the bottom of a well to the top of the house (say one hundred feet), it would furnish more than would waste by evaporation, or be used by the family. I know nobody who must better know the value of such a machine than yourself, nor more equal to the invention of it, and especially with your familiarity with the subject. I have imagined that the iron back of the chimney might be a cistern for holding the water, which should supply steam and would be constantly kept in a boiling state by the ordinary fire. I wish the subject may appear as interesting to you as it does to me, it would then engage your attention, and we might hope this desideratum would be supplied.

A want of confidence in the post office deters me from writing to my friends on subject of politics. Indeed I am tired of writing Jeremiads on that subject. What person, who remembers the times and tempers we have seen, would have believed that within so short a period, not only the jealous spirit of liberty which shaped every operation of our revolution, but even the common principles of English whigism would be scouted, and the tory principle of passive obedience under the new-fangled names of confidence and responsibility, become entirely triumphant? That the tories, whom in mercy we did not crumble to dust and ashes, could so have entwined us in their scorpion tails, that we cannot now move hand or foot. But the spell is dissolving. The public mind is recovering from the delirium into which it had been thrown, and we may still believe with security that the great body of the American people must for ages yet be substantially republican. You have heard of the nomination of Mr. Murray. Not being in the secret of this juggle, I am not yet able to say how it is to be played off. Respectful and affectionate salutations from, dear Sir, your sincere friend and servant.

TO JAMES MADISON

Philadelphia, February 26, 1799.

Dear Sir,—My last to you was of the 19th; it acknowledged yours of the 8th. In mine, I informed you of the nomination of Murray. There is evidence that the letter of Talleyrand was known to one of the Secretaries, therefore probably to all; the nomination, however, is declared by one of them to have been kept secret from them all. He added, that he was glad of it, as, had they been consulted, the advice would have been against making the nomination. To the rest of the party, however, the whole was a secret till the nomination was announced. Never did a party show a stronger mortification, and consequently, that war had been their object. Dana declared in debate (as I have from those who were present,) that we had done everything which might provoke France to war; that we had given her insults which no nation ought to have borne; and yet she would not declare war. The conjecture as to the executive is, that they received Talleyrand's letter before or about the meeting of Congress; that not meaning to meet the overture effectually, they kept it secret, and let all the war measures go on; but that just before the separation of the Senate, the President, not thinking he could justify the concealing such an overture, nor indeed that it could be concealed, made a nomination, hoping that his friends in the Senate would take on their own shoulders the odium of rejecting it; but they did not choose it. The Hamiltonians would not, and the others could not, alone. The whole artillery of the phalanx, therefore, was played secretly on the President, and he was obliged himself to take a step which should parry the overture while it wears the face of acceding to it. (Mark that I state this as conjecture; but founded on workings and indications which have been under our eyes.) Yesterday, therefore, he sent in a nomination of Oliver Ellsworth, Patrick Henry and William Vans Murray, Envoys Extraordinary and Ministers Plenipotentiary to the French Republic, but declaring the two former should not leave this country till they should receive from the French Directory assurances that they should be received with the respect due by the law of nations to their character, &c. This, if not impossible, must at least keep off the day so hateful and so fatal to them, of reconciliation, and leave more time for new projects of provocation. Yesterday witnessed a scandalous scene in the House of Representatives. It was the day for taking up the report of their committee against the alien and sedition laws, &c. They held a caucus and determined that not a word should be spoken on their side, in answer to anything which should be said on the other. Gallatin took up the alien, and Nicholas the sedition law; but after a little while of common silence, they began to enter into loud conversations, laugh, cough, &c., so that for the last hour of these gentlemen's speaking, they must have had the lungs of a vendue master to have been heard. Livingston, however, attempted to speak. But after a few sentences, the Speaker called him to order, and told him what he was saying was not to the question. It was impossible to proceed. The question was taken and carried in favor of the report, fifty-two to forty-eight; the real strength of the two parties is fifty-six to fifty. But two of the latter have not attended this session. I send you the report of their committee. I still expect to leave this on the 1st, and be with you on the 7th of March. But it is possible I may not set out till the 4th, and then shall not be with you till the 10th. Affectionately adieu.

TO BISHOP MADISON

Philadelphia, February 27, 1799.

Dear Sir,—Your favor of February 10th came safely to hand. We were for a moment flattered with the hope of a friendly accommodation of our differences with France, by the President's nomination of Mr. Murray our Minister at the Hague to proceed to Paris for that purpose. But our hopes have been entirely dashed by his revoking that and naming Mr. Ellsworth, Mr. Patrick Henry and Murray; the two former not to embark from America till they shall receive assurances from the French Government, that they will be received with the respect due to their character by the law of nations; and this too after the French Government had already given assurances that whatever Minister the President should send should be received with the respect due to the representative of a great, free and independent nation. The effect of the new nomination is completely to parry the advances made by France towards a reconciliation. A great change is taking place in the public mind in these Middle States, and they are rapidly resuming the Republican ground which they had for a moment relinquished. The tables of Congress are loaded with petitions proving this. Thirteen of the twenty-two counties of this State have already petitioned against the proceedings of the late Congress. Many also from New York and New Jersey, and before the summer is over, these three States will be in unison with the Southern and Western. I take the liberty of putting under your cover a letter for a young gentleman known to you, and to whom I know not how otherwise to direct it. I am, with great esteem, dear Sir, your friend and servant.

TO T. LOMAX

Monticello, March 12, 1799.

Dear Sir,—Your welcome favor of last month came to my hands in Philadelphia. So long a time has elapsed since we have been separated by events, that it was like a letter from the dead, and recalled to my memory very dear recollections. My subsequent journey through life has offered nothing which, in comparison with those, is not cheerless and dreary. It is a rich comfort sometimes to look back on them.

I take the liberty of enclosing a letter to Mr. Baylor, open, because I solicit your perusal of it. It will, at the same time, furnish the apology for my not answering you from Philadelphia. You ask for any communication I may be able to make, which may administer comfort to you. I can give that which is solid. The spirit of 1776 is not dead. It has only been slumbering. The body of the American people is substantially republican. But their virtuous feelings have been played on by some fact with more fiction; they have been the dupes of artful manœuvres, and made for a moment to be willing instruments in forging chains for themselves. But time and truth have dissipated the delusion, and opened their eyes. They see now that France has sincerely wished peace, and their seducers have wished war, as well for the loaves and fishes which arise out of war expenses, as for the chance of changing the Constitution, while the people should have time to contemplate nothing but the levies of men and money. Pennsylvania, Jersey and New York are coming majestically round to the true principles. In Pennsylvania, thirteen out of twenty-two counties had already petitioned on the alien and sedition laws. Jersey and New York had begun the same movement, and though the rising of Congress stops that channel for the expression of their sentiment, the sentiment is going on rapidly, and before their next meeting those three States will be solidly embodied in sentiment with the six southern and western ones. The atrocious proceedings of France towards this country, had well nigh destroyed its liberties. The Anglomen and monocrats had so artfully confounded the cause of France with that of freedom, that both went down in the same scale. I sincerely join you in abjuring all political connection with every foreign power; and though I cordially wish well to the progress of liberty in all nations, and would forever give it the weight of our countenance, yet they are not to be touched without contamination from their other bad principles. Commerce with all nations, alliance with none, should be our motto.

Accept assurances of the constant and unaltered affection of, dear Sir, your sincere friend and servant.

TO EDMUND RANDOLPH

Monticello, August 18, 1799.

Dear Sir,—I received only two days ago your favor of the 12th, and as it was on the eve of the return of our post, it was not possible to make so prompt a despatch of the answer. Of all the doctrines which have ever been broached by the federal government, the novel one, of the common law being in force and cognizable as an existing law in their courts, is to me the most formidable. All their other assumptions of un-given powers have been in the detail. The bank law, the treaty doctrine, the sedition act, alien act, the undertaking to change the State laws of evidence in the State courts by certain parts of the stamp act, &c., &c., have been solitary, unconsequential, timid things, in comparison with the audacious, barefaced and sweeping pretension to a system of law for the United States, without the adoption of their Legislature, and so infinitively beyond their power to adopt. If this assumption be yielded to, the State courts may be shut up, as there will then be nothing to hinder citizens of the same State suing each other in the federal courts in every case, as on a bond for instance, because the common law obliges payment of it, and the common law they say is their law. I am happy you have taken up the subject; and I have carefully perused and considered the notes you enclosed, and find but a single paragraph which I do not approve. It is that wherein (page two) you say, that laws being emanations from the legislative department, and, when once enacted, continuing in force from a presumption that their will so continues, that that presumption fails and the laws of course fall, on the destruction of that legislative department. I do not think this is the true bottom on which laws and the administering them rest. The whole body of the nation is the sovereign legislative, judiciary and executive power for itself. The inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge and to execute it. It is the will of the nation which makes the law obligatory; it is their will which creates or annihilates the organ which is to declare and announce it. They may do it by a single person, as an Emperor of Russia, (constituting his declarations evidence of their will,) or by a few persons, as the aristocracy of Venice, or by a complication of councils, as in our former regal government, or our present republican one. The law being law because it is the will of the nation, is not changed by their changing the organ through which they choose to announce their future will; no more than the acts I have done by one attorney lose their obligation by my changing or discontinuing that attorney. This doctrine has been, in a certain degree, sanctioned by the federal executive. For it is precisely that on which the continuance of obligation from our treaty with France was established, and the doctrine was particularly developed in a letter to Gouverneur Morris, written with the approbation of President Washington and his cabinet. Mercer once prevailed on the Virginia Assembly to declare a different doctrine in some resolutions. These met universal disapprobation in this, as well as the other States, and if I mistake not, a subsequent Assembly did something to do away the authority of their former unguarded resolutions. In this case, as in all others, the true principle will be quite as effectual to establish the just deductions. Before the revolution, the nation of Virginia had, by the organs they then thought proper to constitute, established a system of laws, which they divided into three denominations of 1, common law; 2, statute law; 3, chancery: or if you please, into two only, of 1, common law; 2, chancery. When, by the Declaration of Independence, they chose to abolish their former organs of declaring their will, the acts of will already formally and constitutionally declared, remained untouched. For the nation was not dissolved, was not annihilated; its will, therefore, remained in full vigor; and on the establishing the new organs, first of a convention, and afterwards a more complicated legislature, the old acts of national will continued in force, until the nation should, by its new organs, declare its will changed. The common law, therefore, which was not in force when we landed here, nor till we had formed ourselves into a nation, and had manifested by the organs we constituted that the common law was to be our law, continued to be our law, because the nation continued in being, and because though it changed the organs for the future declarations of its will, yet it did not change its former declarations that the common law was its law. Apply these principles to the present case. Before the revolution there existed no such nation as the United States; they then first associated as a nation, but for special purposes only. They had all their laws to make, as Virginia had on her first establishment as a nation. But they did not, as Virginia had done, proceed to adopt a whole system of laws ready made to their hand. As their association as a nation was only for special purposes, to wit, for the management of their concerns with one another and with foreign nations, and the States composing the association chose to give it powers for those purposes and no others, they could not adopt any general system, because it would have embraced objects on which this association had no right to form or declare a will. It was not the organ for declaring a national will in these cases. In the cases confided to them, they were free to declare the will of the nation, the law; but till it was declared there could be no law. So that the common law did not become, ipso facto, law on the new association; it could only become so by a positive adoption, and so far only as they were authorized to adopt.

I think it will be of great importance, when you come to the proper part, to portray at full length the consequences of this new doctrine, that the common law is the law of the United States, and that their courts have, of course, jurisdiction co-extensive with that law, that is to say, general over all cases and persons. But, great heavens! Who could have conceived in 1789, that within ten years we should have to combat such windmills. Adieu. Yours affectionately.