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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO THE COMTE DE MOUSTIER - Thomas Jefferson, The Works, vol. 5 (Correspondence 1786-1789) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 5.

Part of: The Works of Thomas Jefferson, 12 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


TO THE COMTE DE MOUSTIER

j. mss.

Dear Sir,

—I have at length an opportunity of acknoledging the receipt of your favors of Feb. & Mar 14., and of congratulating you on your resurrection from the dead among whom you had been confidently entombed by the newsdealers of Paris. I am sorry that your first impressions have been disturbed by matters of etiquette, where surely they should least have been expected to occur. These disputes are the most insusceptible of determination, because they have no foundation in reason. Arbitrary & senseless in their nature, they are arbitrarily decided by every nation for itself. These decisions are meant to prevent disputes, but they produce ten where they prevent one. It would have been better therefore in a new country to have excluded etiquette altogether; or, if it must be admitted in some form or other, to have made it depend on some circumstance founded in nature, such as the age or stature of the parties. However you have got over all this, and I am in hopes have been able to make up a society suited to your own dispositions. Your situation will doubtless be improved by the adoption of the new constitution, which I hope will have taken place before you receive this. I see in this instrument a great deal of good. The consolidation of our government, a just representation, an administration of some permanence and other features of great value will be gained by it. There are indeed some faults which revolted me a good deal in the first moment; but we must be contented to travel on towards perfection, step by step. We must be contented with the ground which this constitution will gain for us, and hope that a favourable moment will come for correcting what is amiss in it. I view in the same light the innovations making here. The new organization of the judiciary department is undoubtedly for the better. The reformation of the criminal code is an immense step taken towards good. The composition of the Plenary court is indeed vicious in the extreme, but the basis of that court may be retained and it’s composition changed. Make of it a representative of the people, by composing it of members sent from the provincial assemblies, and it becomes a valuable member of the constitution. But it is said the court will not consent to do this. The court however has consented to call the States general, who will consider the plenary court but as a canvas for them to work on. The public mind is manifestly advancing on the abusive prerogatives of their governors, and bearing them down. No force in the government can withstand this in the long run. Courtiers had rather give up power than pleasures: they will barter therefore the usurped prerogatives of the king for the money of the people. This is the agent by which modern nations will recover their rights. I sincerely wish that in this country they may be contented with a peaceable & passive opposition. At this moment we are not sure of this, tho’ as yet it is difficult to say what form the opposition will take. It is a comfortable circumstance that their neighboring enemy is under the administration of a minister disposed to keep the peace. * * *