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

1819 - TO NATHANIEL MACON - Thomas Jefferson, The Works, vol. 12 (Correspondence and Papers 1816-1826) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 12.

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

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TO NATHANIEL MACON

j. mss.

Dear Sir,

—The problem you had wished to propose to me was one which I could not have solved; for I knew nothing of the facts. I read no newspaper now but Ritchie’s, and in that chiefly the advertisements, for they contain the only truths to be relied on in a newspaper. I feel a much greater interest in knowing what has passed two or three thousand years ago, than in what is now passing. I read nothing, therefore, but of the heroes of Troy, of the wars of Lacedæmon and Athens, of Pompey and Cæsar, and of Augustus too, the Bonaparte and parricide scoundrel of that day. I have had, and still have, such entire confidence in the late and present Presidents, that I willingly put both soul and body into their pockets. While such men as yourself and your worthy colleagues of the legislature, and such characters as compose the executive administration, are watching for us all, I slumber without fear, and review in my dreams the visions of antiquity. There is, indeed, one evil which awakens me at times, because it jostles me at every turn. It is that we have now no measure of value. I am asked eighteen dollars for a yard of broadcloth, which, when we had dollars, I used to get for eighteen shillings; from this I can only understand that a dollar is now worth but two inches of broadcloth, but broadcloth is no standard of measure or value. I do not know, therefore, whereabouts I stand in the scale of property, nor what to ask, or what to give for it. I saw, indeed, the like machinery in action in the years ’80 and ’81, and without dissatisfaction; because in wearing out, it was working out our salvation. But I see nothing in this renewal of the game of “Robin’s alive” but a general demoralization of the nation, a filching from industry its honest earnings, wherewith to build up palaces, and raise gambling stock for swindlers and shavers, who are to close too their career of piracies by fraudulent bankruptcies. My dependence for a remedy, however, is with the wisdom which grows with time and suffering. Whether the succeeding generation is to be more virtuous than their predecessors, I cannot say; but I am sure they will have more worldly wisdom, and enough, I hope, to know that honesty is the first chapter in the book of wisdom. I have made a great exertion to write you thus much; my antipathy to taking up a pen being so intense that I have never given you a stronger proof, than in the effort of writing a letter, how much I value you, and of the superlative respect and friendship with which I salute you.

TO JAMES MONROE

j. mss.

You oblige me infinitely, dear Sir, by sending me the Congressional documents in pamphlet form. For as they come out by piece-meal in the newspapers I never read them. And indeed I read no newspapers now but Ritchie’s, and in that chiefly the advertisements, as being the only truths we can rely on in a newspaper. But in a pamphlet, where we can go thro’ the whole subject when once taken up, and seen in all it’s parts, we avoid the risk of false judgment which a partial view endangers. On the subject of these communications, I will venture a suggestion which, should it have occurred to yourself or to Mr. Adams as is probable, will only be a little labor lost. I propose then that you select Mr. Adams’s 4. principal letters on the Spanish subject, to wit, that which establishes our right to the Rio-bravo which was laid before the Congress of 1817 .18. His letters to Onis of July 23. & Nov. 30. and to Erving of Nov. 28 perhaps also that of Dec. 2. Have them well translated into French, and send English & French copies to all our ministers at foreign courts, and to our consuls. The paper on our right to the Rio-bravo, and the letter to Erving of Nov. 28. are the most important and are among the ablest compositions I have ever seen, both as to logic and style. A selection of these few in pamphlet form will be read by every body; but, by nobody, if buried among Onis’s long-winded and tergiversating diatribes, and all the documents; the volume of which alone will deter an European reader from ever opening it. Indeed it would be worth while to have the two most important of these published in the Leyden gazette, from which it would go into the other leading gazettes of Europe. It is of great consequence to us, & merits every possible endeavor, to maintain in Europe a correct opinion of our political morality. These papers will place the event with the world in the important cases of our Western boundary, of our military entrance into Florida, & of the execution of Arbuthnot and Ambrister. On the two first subjects it is very natural for an European to go wrong, and to give into the charge of ambition, which the English papers (read every where) endeavor to fix on us. If the European mind is once set right on these points, they will go with us in all the subsequent proceedings, without further enquiry.

While on the subject of this correspondence, I will presume also to suggest to Mr. Adams the question whether he should not send back Onis’s letters in which he has the impudence to qualify you by the term “his Excellency”? An American gentleman in Europe can rank with the first nobility because we have no titles which stick him at any particular place in their line. So the President of the US. under that designation ranks with Emperors and kings, but add Mr. Onis’s courtesy of “his Excellency” and he is then on a level with Mr. Onis himself, with the Governors of provinces and even of every petty fort in Europe, or the colonies. I salute you with constant affection & respect.

TO BENJAMIN WATERHOUSE

j. mss.

Dear Sir,

—Your favor of the 15th was received on the 27th, and I am glad to find the name and character of Samuel Adams coming forward and in so good hands as I suppose them to be. But I have to regret that I can add no facts to the stores possessed. I was the youngest man but one in the old Congress, and he the oldest but one, as I believe. His only senior, I suppose, was Stephen Hopkins, of and by whom the honorable mention made in your letter was richly merited. Altho’ my high reverence for Samuel Adams was returned by habitual notices from him which highly flattered me, yet the disparity of age prevented intimate and confidential communications. I always considered him as more than any other member the fountain of our important measures. And altho’ he was neither an eloquent nor easy speaker, whatever he said was sound, and commanded the profound attention of the House. In the discussions on the floor of Congress he reposed himself on our main pillar in debate Mr. John Adams. These two gentlemen were verily a host in our councils. Comparisons with their associates, Northern or Southern, would answer no profitable purpose, but they would suffer by comparison with none. I salute you with perfect esteem & respect.

TO JAMES MADISON

j. mss.

Dear Sir,

TO DOCTOR VINE UTLEY

j. mss.

Sir,

—Your letter of February the 18th came to hand on the 1st instant; and the request of the history of my physical habits would have puzzled me not a little, had it not been for the model with which you accompanied it, of Doctor Rush’s answer to a similar inquiry. I live so much like other people, that I might refer to ordinary life as the history of my own. Like my friend the Doctor, I have lived temperately, eating little animal food, and that not as an aliment, so much as a condiment for the vegetables, which constitute my principal diet. I double, however, the Doctor’s glass and a half of wine, and even treble it with a friend; but halve its effects by drinking the weak wines only. The ardent wines I cannot drink, nor do I use ardent spirits in any form. Malt liquors and cider are my table drinks, and my breakfast, like that also of my friend, is of tea and coffee. I have been blest with organs of digestion which accept and concoct, without ever murmuring, whatever the palate chooses to consign to them, and I have not yet lost a tooth by age. I was a hard student until I entered on the business of life, the duties of which leave no idle time to those disposed to fulfil them; and now, retired, and at the age of seventy-six, I am again a hard student. Indeed, my fondness for reading and study revolts me from the drudgery of letter writing. And a stiff wrist, the consequence of an early dislocation, makes writing both slow and painful. I am not so regular in my sleep as the Doctor says he was, devoting to it from five to eight hours, according as my company or the book I am reading interests me; and I never go to bed without an hour, or half hour’s previous reading of something moral, whereon to ruminate in the intervals of sleep. But whether I retire to bed early or late, I rise with the sun. I use spectacles at night, but not necessarily in the day, unless in reading small print. My hearing is distinct in particular conversation, but confused when several voices cross each other, which unfits me for the society of the table. I have been more fortunate than my friend in the article of health. So free from catarrhs that I have not had one, (in the breast, I mean) on an average of eight or ten years through life. I ascribe this exemption partly to the habit of bathing my feet in cold water every morning, for sixty years past. A fever of more than twenty-four hours I have not had above two or three times in my life. A periodical headache has afflicted me occasionally, once, perhaps, in six or eight years, for two or three weeks at a time, which seems now to have left me; and except on a late occasion of indisposition, I enjoy good health; too feeble, indeed, to walk much, but riding without fatigue six or eight miles a day, and sometimes thirty or forty. I may end these egotisms, therefore, as I began, by saying that my life has been so much like that of other people, that I might say with Horace, to every one “nomine mutato, narratur fabula de te.” I must not end, however, without due thanks for the kind sentiments of regard you are so good as to express towards myself; and with my acknowledgments for these, be pleased to accept the assurances of my respect and esteem.

TO SAMUEL ADAMS WELLS

j. mss.

Sir,

—An absence of some time at an occasional and distant residence must apologize for the delay in acknowledging the receipt of your favor of April 12th. And candor obliges me to add that it has been somewhat extended by an aversion to writing, as well as to calls on my memory for facts so much obliterated from it by time as to lessen my confidence in the traces which seem to remain. One of the inquiries in your letter, however, may be answered without an appeal to the memory. It is that respecting the question whether committees of correspondence originated in Virginia or Massachusetts? On which you suppose me to have claimed it for Virginia. But certainly I have never made such a claim. The idea, I suppose, has been taken up from what is said in Wirt’s history of Mr. Henry, p. 87, and from an inexact attention to its precise term. It is there said “this house [of burgesses of Virginia] had the merit of originating that powerful engine of resistance, corresponding committees between the legislatures of the different colonies.” That the fact as here expressed is true, your letter bears witness when it says that the resolutions of Virginia for this purpose were transmitted to the speakers of the different Assemblies, and by that of Massachusetts was laid at the next session before that body, who appointed a committee for the specified object: adding, “thus in Massachusetts there were two committees of correspondence, one chosen by the people, the other appointed by the House of Assembly; in the former, Massachusetts preceded Virginia; in the latter, Virginia preceded Massachusetts.” To the origination of committees for the interior correspondence between the counties and towns of a State, I know of no claim on the part of Virginia; but certainly none was ever made by myself. I perceive, however, one error into which memory had led me. Our committee for national correspondence was appointed in March, ’73, and I well remember that going to Williamsburg in the month of June following, Peyton Randolph, our chairman, told me that messengers, bearing despatches between the two States, had crossed each other by the way; that of Virginia carrying our propositions for a committee of national correspondence, and that of Massachusetts bringing, as my memory suggested, a similar proposition. But here I must have misremembered; and the resolutions brought us from Massachusetts were probably those you mention of the town meeting of Boston, on the motion of Mr. Samuel Adams, appointing a committee “to state the rights of the colonists, and of that province in particular, and the infringements of them, to communicate them to the several towns, as the sense of the town of Boston, and to request of each town a free communication of its sentiments on this subject”? I suppose, therefore, that these resolutions were not received, as you think, while the House of Burgesses was in session in March, 1773; but a few days after we rose, and were probably what was sent by the messenger who crossed ours by the way. They may, however, have been still different. I must therefore have been mistaken in supposing and stating to Mr. Wirt, that the proposition of a committee for national correspondence was nearly simultaneous in Virginia and Massachusetts.

A similar misapprehension of another passage in Mr. Wirt’s book, for which I am also quoted, has produced a similar reclamation of the part of Massachusetts by some of her most distinguished and estimable citizens. I had been applied to by Mr. Wirt for such facts respecting Mr. Henry, as my intimacy with him, and participation in the transactions of the day, might have placed within my knowledge. I accordingly committed them to paper, and Virginia being the theatre of his action, was the only subject within my contemplation, while speaking of him. Of the resolutions and measures here, in which he had the acknowledged lead, I used the expression that “Mr. Henry certainly gave the first impulse to the ball of revolution.” [Wirt, p. 41.] The expression is indeed general, and in all its extension would comprehend all the sister States. But indulgent construction would restrain it, as was really meant, to the subject matter under contemplation, which was Virginia alone; according to the rule of the lawyers, and a fair canon of general criticism, that every expression should be construed secundum subjectam materiem. Where the first attack was made, there must have been of course, the first act of resistance, and that was of Massachusetts. Our first overt act of war was Mr. Henry’s embodying a force of militia from several counties, regularly armed and organized, marching them in military array, and making reprisal on the King’s treasury at the seat of government for the public powder taken away by his Governor. This was on the last days of April, 1775. Your formal battle of Lexington was ten or twelve days before that, which greatly overshadowed in importance, as it preceded in time our little affray, which merely amounted to a levying of arms against the King, and very possibly you had had military affrays before the regular battle of Lexington.

These explanations will, I hope, assure you, Sir, that so far as either facts or opinions have been truly quoted from me they have never been meant to intercept the just fame of Massachusetts, for the promptitude and perseverance of her early resistance. We willingly cede to her the laud of having been (although not exclusively) “the cradle of sound principles,” and if some of us believe she has deflected from them in her course, we retain full confidence in her ultimate return to them.

I will now proceed to your quotation from Mr. Galloway’s statements of what passed in Congress on their declaration of independence, in which statement there is not one word of truth, and where, bearing some resemblance to truth, it is an entire perversion of it. I do not charge this on Mr. Galloway himself; his desertion having taken place long before these measures, he doubtless received his information from some of the loyal friends whom he left behind him. But as yourself, as well as others, appear embarrassed by inconsistent accounts of the proceedings on that memorable occasion, and as those who have endeavored to restore the truth have themselves committed some errors, I will give you some extracts from a written document on that subject, for the truth of which I pledge myself to heaven and earth; having, while the question of independence was under consideration before Congress, taken written notes, in my seat, of what was passing, and reduced them to form on the final conclusion. I have now before me that paper, from which the following are extracts:1

Governor McKean, in his letter to McCorkle of July 16th, 1817, has thrown some lights on the transactions of that day, but trusting to his memory chiefly at an age when our memories are not to be trusted, he has confounded two questions, and ascribed proceedings to one which belonged to the other. These two questions were, 1. The Virginia motion of June 7th to declare independence, and 2. The actual declaration, its matter and form. Thus he states the question on the declaration itself as decided on the 1st of July. But it was the Virginia motion which was voted on that day in committee of the whole; South Carolina, as well as Pennsylvania, then voting against it. But the ultimate decision in the House on the report of the committee being by request postponed to the next morning, all the States voted for it, except New York, whose vote was delayed for the reason before stated. It was not till the 2d of July that the declaration itself was taken up, nor till the 4th that it was decided; and it was signed by every member present, except Mr. Dickinson.

The subsequent signatures of members who were not then present, and some of them not yet in office, is easily explained, if we observe who they were; to wit, that they were of New York and Pennsylvania. New York did not sign till the 15th, because it was not till the 9th, (five days after the general signature,) that their convention authorized them to do so. The convention of Pennsylvania, learning that it had been signed by a minority only of their delegates, named a new delegation on the 20th leaving out Mr. Dickinson, who had refused to sign, Willing and Humphreys who had withdrawn, reappointing the three members who had signed, Morris who had not been present, and five new ones, to wit, Rush, Clymer, Smith, Taylor and Ross; and Morris and the five new members were permitted to sign, because it manifested the assent of their full delegation, and the express will of their convention, which might have been doubted on the former signature of a minority only. Why the signature of Thornton of New Hampshire was permitted so late as the 4th of November, I cannot now say; but undoubtedly for some particular reason which we should find to have been good, had it been expressed. These were the only post-signers, and you see, Sir, that there were solid reasons for receiving those of New York and Pennsylvania, and that this circumstance in no wise affects the faith of this declaratory charter of our rights and of the rights of man.

With a view to correct errors of fact before they become inveterate by repetition, I have stated what I find essentially material in my papers; but with that brevity which the labor of writing constrains me to use.

On the fourth particular articles of inquiry in your letter, respecting your grandfather, the venerable Samuel Adams, neither memory nor memorandums enable me to give any information. I can say that he was truly a great man, wise in council, fertile in resources, immovable in his purposes, and had, I think, a greater share than any other member, in advising and directing our measures, in the northern war especially. As a speaker he could not be compared with his living colleague and namesake, whose deep conceptions, nervous style, and undaunted firmness, made him truly our bulwark in debate. But Mr. Samuel Adams, although not of fluent elocution, was so rigorously logical, so clear in his views, abundant in good sense, and master always of his subject, that he commanded the most profound attention whenever he rose in an assembly by which the froth of declamation was heard with the most sovereign contempt. I sincerely rejoice that the record of his worth is to be undertaken by one so much disposed as you will be to hand him down fairly to that posterity for whose liberty and happiness he was so zealous a laborer.

TO RICHARD RUSH

j. mss.

Dear Sir,

—Your favor of Mar. 1. has been duly received, and requires my thanks for the kind offer of your services in London. Books are indeed with me a necessary of life; and since I ceded my library to Congress, I have been annually importing from Paris. Not but that I need some from London also, but that they have risen there to such enormous prices as cannot be looked at. England must lose her foreign commerce in books, unless the taxes on it’s materials are reduced. Paris now prints the most popular of the English books, and sells them far below the English price. I send there therefore for such of them as I want. We too reprint now such of the new English works as have merit, much cheaper than is done in England, but dearer than they ought to be. But we are now under the operation of the remedy for that. The enormous abuses of the banking system are not only prostrating our commerce, but producing revolution of property, which without more wisdom than we possess, will be much greater than were produced by the revolutionary paper. That too had the merit of purchasing our liberties, while the present trash has only furnished aliment to usurers and swindlers. The banks themselves were doing business on capitals, three fourths of which were fictitious: and, to extend their profit they furnished fictitious capital to every man, who having nothing and disliking the labours of the plough, chose rather to call himself a merchant to set up a house of 5000. D. a year expence, to dash into every species of mercantile gambling, and if that ended as gambling generally does, a fraudulent bankruptcy was an ultimate resource of retirement and competence. This fictitious capital probably of 100. millions of Dollars, is now to be lost, & to fall on some body; it must take on those who have property to meet it, & probably on the less cautious part, who, not aware of the impending catastrophe have suffered themselves to contract, or to be in debt, and must now sacrifice their property of a value many times the amount of their debt. We have been truly sowing the wind, and are now reaping the whirlwind. If the present crisis should end in the annihilation of these pennyless & ephemeral interlopers only, and reduce our commerce to the measure of our own wants and surplus productions, it will be a benefit in the end. But how to effect this, and give time to real capital, and the holders of real property, to back out of their entanglements by degrees requires more knolege of Political economy than we possess. I believe it might be done, but I despair of it’s being done. The eyes of our citizens are not yet sufficiently open to the true cause of our distresses. They ascribe them to every thing but their true cause, the banking system; a system, which, if it could do good in any form, is yet so certain of leading to abuse, as to be utterly incompatible with the public safety and prosperity. At present all is confusion, uncertainty and panic.

I avail myself of your kindness to put under the protection of your cover a letter to St. John Philippart, who requested it might be sent through your channel, and I salute you with affectionate esteem and respect.

TO WILLIAM WIRT

j. mss.

Dear Sir,

—My letters of Jan. 5 and Nov. 10. of the last year had informed you generally that Genl. Kosciuzko had left a considerable sum of money in the hands of the US. and had, by a will deposited in my hands, disposed of it to a charitable purpose: & I asked the favor of your opinion in what court the will should be proved. According to that opinion, expressed in your favor of Dec. 28 I proved the will in our district court, renouncing the executorship. The purport of the will is that the whole funds in this country shall be laid out in the purchase of young negroes, in their education & their emancipation. I had formerly intended to get an admr appointed here with the will annexed, and to have the trust placed entirely under the direction of the court, but circumstances since occurring change my view of the case. Genl. Armstrong, on behalf of his son Kosciuzko Armstrong has a claim to 3704. D. which is well founded. A Mr. Zoeltner of Solense the friend in whose house Kosciuzko lived and died, claims the share under a will deposited with him. This I am persuaded will appear not to reach the property here. A relation of the General’s has lately, through the minister of Russia, Mr. Poletika, claimed the whole also in right of his relationship. These claimants being all foreigners, or of another state, have a right to place the litigation in a federal court; and I have supposed the most convenient one to them would be the district court of Columbia, and my wish is to transfer it there, if that court will take cognisance and charge of it. I suppose they would name an Admr with the will annexed, and that he would require the claimant to interplead, that the court might decide the right. I wish therefore in the first place to constitute you general Counsel for the trust. You would draw your compensation of course from the funds of the testator, and that you would advise me in what form I must apply to the court to effect the transfer. I suppose by a petition to them in Chancery, delivering to them the will, and the original certificates, which are in my hands, and amount to 17,159.63 D. and praying to be entirely relieved and discharged from all further concern or responsibility. Mr. Barnes, who has been the agent in fact, will settle his account of transactions during the life of the General. I have none to settle, having never acted but thro’ Mr. Barnes, and not meaning to charge little incidental disbursements incurred. Will you undertake this, my dear Sir, and inform me how I am to proceed? I shall be at Poplar Forest near Lynchburg before you receive this, and shall be there 3. months. But your answer will reach me there, and I mention it only to explain before hand the greater delays in the correspondence which the greater distance of that place may occasion. In the hope therefore of hearing from you as soon as convenient, and of your aid in getting relief from this charge, now become too litigious for me, I salute you with constant friendship and respect.

TO JOHN ADAMS

Dear Sir,

—I am in debt to you for your letters of May the 21st, 27th, and June the 22d. The first, delivered me by Mr. Greenwood, gave me the gratification of his acquaintance; and a gratification it always is, to be made acquainted with gentlemen of candor, worth, and information, as I found Mr. Greenwood to be. That, on the subject of Mr. Samuel Adams Wells, shall not be forgotten in time and place, when it can be used to his advantage.

But what has attracted my peculiar notice, is the paper from Mecklenburg county, of North Carolina, published in the Essex Register, which you were so kind as to enclose in your last, of June the 22d. And you seem to think it genuine. I believe it spurious. I deem it to be a very unjustifiable quiz, like that of the volcano, so minutely related to us as having broken out in North Carolina, some half a dozen years ago, in that part of the country, and perhaps in that very county of Mecklenburg, for I do not remember its precise locality. If this paper be really taken from the Raleigh Register, as quoted, I wonder it should have escaped Ritchie, who culls what is good from every paper, as the bee from every flower; and the National Intelligencer, too, which is edited by a North Carolinian; and that the fire should blaze out all at once in Essex, one thousand miles from where the spark is said to have fallen. But if really taken from the Raleigh Register, who is the narrator, and is the name subscribed real, or is it as fictitious as the paper itself? It appeals, too, to an original book, which is burnt, to Mr. Alexander, who is dead, to a joint letter from Caswell, Hughes, and Hooper, all dead, to a copy sent to the dead Caswell, and another sent to Doctor Williamson, now probably dead, whose memory did not recollect, in the history he has written of North Carolina, this gigantic step of its county of Mecklenburg. Horry, too, is silent in his history of Marion, whose scene of action was the country bordering on Mecklenburg. Ramsay, Marshall, Jones, Girardin, Wirt, historians of the adjacent States, all silent. When Mr. Henry’s resolutions, far short of independence, flew like lightning through every paper, and kindled both sides of the Atlantic, this flaming declaration of the same date, of the independence of Mecklenburg county, of North Carolina, absolving it from the British allegiance, and abjuring all political connection with that nation, although sent to Congress too, is never heard of. It is not known even a twelvemonth after, when a similar proposition is first made in that body. Armed with this bold example, would not you have addressed our timid brethren in peals of thunder on their tardy fears? Would not every advocate of independence have rung the glories of Mecklenburg county in North Carolina, in the ears of the doubting Dickinson and others, who hung so heavily on us? Yet the example of independent Mecklenburg county, in North Carolina, was never once quoted. The paper speaks, too, of the continued exertions of their delegation (Caswell, Hooper, Hughes) “in the cause of liberty and independence.” Now you remember as well as I do, that we had not a greater tory in Congress than Hooper; that Hughes was very wavering, sometimes firm, sometimes feeble, according as the day was clear or cloudy; that Caswell, indeed, was a good whig, and kept these gentlemen to the notch, while he was present; but that he left us soon, and their line of conduct became then uncertain until Penn came, who fixed Hughes and the vote of the State. I must not be understood as suggesting any doubtfulness in the State of North Carolina. No State was more fixed or forward. Nor do I affirm, positively, that this paper is a fabrication; because the proof of a negative can only be presumptive. But I shall believe it such until positive and solemn proof of its authenticity be produced. And if the name of McKnitt be real, and not a part of the fabrication, it needs a vindication by the production of such proof. For the present, I must be an unbeliever in the apocryphal gospel.

I am glad to learn that Mr. Ticknor has safely returned to his friends; but should have been much more pleased had he accepted the Professorship in our University, which we should have offered him in form. Mr. Bowditch, too, refuses us; so fascinating is the vinculum of the dulce natale solum. Our wish is to procure natives, where they can be found, like these gentlemen, of the first order of requirement in their respective lines; but preferring foreigners of the first order to natives of the second, we shall certainly have to go for several of our Professors, to countries more advanced in science than we are.

I set out within three or four days for my other home, the distance of which, and its cross mails, are great impediments to epistolary communications. I shall remain there about two months; and there, here, and everywhere, I am and shall always be, affectionately and respectfully yours.

TO JOSEPH MARX

j. mss.

Sir,

—I inclose you a renewal of the two notes of 10,000 D. each for which I am by endorsement responsible to the US. bank, for Colo. W. C. Nicholas. I do this on his information that it will be received as sufficient for 60 days within which term I will execute a bond jointly with him for the amount of these notes, with a third person made acceptable to the bank. In seeking for a 3d name my reluctance at placing any friend in the state of uneasiness in which this responsibility would place him, is insuperable. I greatly prefer therefore what I am told will be acceptable to the bank, to make a 3d name competent by a conveyance of real property abundantly sufficient to cover the debt. My grandson Thos J. Randolph is the person whom I should chuse with the least scruple in this business and I will accordingly convey lands amply sufficient for this debt, to him in trust for it’s payment, & as a special security to the bank, applicable to no other purpose; while this makes him sufficient as a security, all the rest of my property is responsible for the same debt, on the ground of my being separately bound. That it is sufficient for many times this amount is probably known, and I assure you on my honor that not a dollar’s worth of it is under incumbrance to any mortal or for any purpose. You shall receive the bond and a copy of the deed immediately after my return to Monticello, which will be within 3. or 4. weeks. Accept the assurance of my great respect and esteem.

TO JUDGE SPENCER ROANE

j. mss.

Dear Sir,

—I had read in the Enquirer, and with great approbation, the pieces signed Hampden, and have read them again with redoubled approbation, in the copies you have been so kind as to send me. I subscribe to every tittle of them. They contain the true principles of the revolution of 1800, for that was as real a revolution in the principles of our government as that of 1776 was in its form; not effected indeed by the sword, as that, but by the rational and peaceable instrument of reform, the suffrage of the people. The nation declared its will by dismissing functionaries of one principle, and electing those of another, in the two branches, executive and legislative, submitted to their election. Over the judiciary department, the constitution had deprived them of their control. That, therefore, has continued the reprobated system, and although new matter has been occasionally incorporated into the old, yet the leaven of the old mass seems to assimilate to itself the new, and after twenty years’ confirmation of the federal system by the voice of the nation, declared through the medium of elections, we find the judiciary on every occasion, still driving us into consolidation.

In denying the right they usurp of exclusively explaining the constitution, I go further than you do, if I understand rightly your quotation from the Federalist, of an opinion that “the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.” If this opinion be sound, then indeed is our constitution a complete felo de se. For intending to establish three departments, co-ordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone, the right to prescribe rules for the government of the others, and to that one too, which is unelected by, and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scarecrow; that such opinions as the one you combat, sent cautiously out, as you observe also, by detachment, not belonging to the case often, but sought for out of it, as if to rally the public opinion beforehand to their views, and to indicate the line they are to walk in, have been so quietly passed over as never to have excited animadversion, even in a speech of any one of the body entrusted with impeachment. The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist, and shape into any form they please. It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law. My construction of the constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action; and especially, where it is to act ultimately and without appeal. I will explain myself by examples, which, having occurred while I was in office, are better known to me, and the principles which governed them.

A legislature had passed the sedition law. The federal courts had subjected certain individuals to its penalties of fine and imprisonment. On coming into office, I released these individuals by the power of pardon committed to executive discretion, which could never be more properly exercised than where citizens were suffering without the authority of law, or, which was equivalent, under a law unauthorized by the constitution, and therefore null. In the case of Marbury and Madison, the federal judges declared that commissions, signed and sealed by the President, were valid, although not delivered. I deemed delivery essential to complete a deed, which, as long as it remains in the hands of the party, is as yet no deed, it is in posse only, but not in esse, and I withheld delivery of the commissions. They cannot issue a mandamus to the President or legislature, or to any of their officers.1 When the British treaty of — arrived, without any provision against the impressment of our seamen, I determined not to ratify it. The Senate thought I should ask their advice. I thought that would be a mockery of them, when I was predetermined against following it, should they advise its ratification. The constitution had made their advice necessary to confirm a treaty, but not to reject it. This has been blamed by some; but I have never doubted its soundness. In the cases of two persons, antenati, under exactly similar circumstances, the federal court had determined that one of them (Duane) was not a citizen; the House of Representatives nevertheless determined that the other (Smith, of South Carolina) was a citizen, and admitted him to his seat in their body. Duane was a republican, and Smith a federalist, and these decisions were made during the federal ascendancy.

These are examples of my position, that each of the three departments has equally the right to decide for itself what is its duty under the constitution, without any regard to what the others may have decided for themselves under a similar question. But you intimate a wish that my opinion should be known on this subject. No, dear Sir, I withdraw from all contests of opinion, and resign everything cheerfully to the generation now in place. They are wiser than we were, and their successors will be wiser than they, from the progressive advance of science. Tranquillity is the summum bonum of age. I wish, therefore, to offend no man’s opinion, nor to draw disquieting animadversions on my own. While duty required it, I met opposition with a firm and fearless step. But loving mankind in my individual relations with them, I pray to be permitted to depart in their peace; and like the superannuated soldier, “quadragenis stipendiis emeritis,” to hang my arms on the post. I have unwisely, I fear, embarked in an enterprise of great public concern, but not to be accomplished within my term, without their liberal and prompt support. A severe illness the last year, and another from which I am just emerged, admonish me that repetitions may be expected, against which a declining frame cannot long bear up. I am anxious, therefore, to get our University so far advanced as may encourage the public to persevere to its final accomplishment. That secured, I shall sing my nunc demittas. I hope your labors will be long continued in the spirit in which they have always been exercised, in maintenance of those principles on which I verily believe the future happiness of our country essentially depends. I salute you with affectionate and great respect.

TO WILLIAM SHORT

j. mss.

Dear Sir,

—Your favor of the 21st is received. My late illness, in which you are so kind as to feel an interest, was produced by a spasmodic stricture of the ilium, which came upon me on the 7th inst. The crisis was short, passed over favorably on the fourth day, and I should soon have been well but that a dose of calomel and jalap, in which were only eight or nine grains of the former, brought on a salivation. Of this, however, nothing now remains but a little soreness of the mouth. I have been able to get on horseback for three or four days past.

As you say of yourself, I too am an Epicurian. I consider the genuine (not the imputed) doctrines of Epicurus as containing everything rational in moral philosophy which Greece and Rome have left us. Epictetus indeed, has given us what was good of the stoics; all beyond, of their dogmas, being hypocrisy and grimace. Their great crime was in their calumnies of Epicurus and misrepresentations of his doctrines; in which we lament to see the candid character of Cicero engaging as an accomplice. Diffuse, vapid, rhetorical, but enchanting. His prototype Plato, eloquent as himself, dealing out mysticisms incomprehensible to the human mind, has been deified by certain sects usurping the name of Christians; because, in his foggy conceptions, they found a basis of impenetrable darkness whereon to rear fabrications as delirious, of their own invention. These they fathered blasphemously on him whom they claimed as their founder, but who would disclaim them with the indignation which their caricatures of his religion so justly excite. Of Socrates we have nothing genuine but in the Memorabilia of Xenophon; for Plato makes him one of his Collocutors merely to cover his own whimsies under the mantle of his name; a liberty of which we are told Socrates himself complained. Seneca is indeed a fine moralist, disfiguring his work at times with some Stoicisms, and affecting too much of antithesis and point, yet giving us on the whole a great deal of sound and practical morality. But the greatest of all the reformers of the depraved religion of his own country, was Jesus of Nazareth. Abstracting what is really his from the rubbish in which it is buried, easily distinguished by its lustre from the dross of his biographers, and as separable from that as the diamond from the dunghill, we have the outlines of a system of the most sublime morality which has ever fallen from the lips of man; outlines which it is lamentable he did not live to fill up. Epictetus and Epicurus give laws for governing ourselves, Jesus a supplement of the duties and charities we owe to others. The establishment of the innocent and genuine character of this benevolent moralist, and the rescuing it from the imputation of imposture, which has resulted from artificial systems,1 invented by ultra-Christian sects, unauthorized by a single word ever uttered by him, is a most desirable object, and one to which Priestley has successfully devoted his labors and learning. It would in time, it is to be hoped, effect a quiet euthanasia of the heresies of bigotry and fanaticism which have so long triumphed over human reason, and so generally and deeply afflicted mankind; but this work is to be begun by winnowing the grain from the chaff of the historians of his life. I have sometimes thought of translating Epictetus (for he has never been tolerable translated into English) by adding the genuine doctrines of Epicurus from the Syntagma of Gassendi, and an abstract from the Evangelists of whatever has the stamp of the eloquence and fine imagination of Jesus. The last I attempted too hastily some twelve or fifteen years ago. It was the work of two or three nights only, at Washington, after getting through the evening task of reading the letters and papers of the day. But with one foot in the grave, these are now idle projects for me. My business is to beguile the wearisomeness of declining life, as I endeavor to do, by the delights of classical reading and of mathematical truths, and by the consolations of a sound philosophy, equally indifferent to hope and fear.

I take the liberty of observing that you are not a true disciple of our master Epicurus, in indulging the indolence to which you say you are yielding. One of his canons, you know, was that “the indulgence which prevents a greater pleasure, or produces a greater pain, is to be avoided.” Your love of repose will lead, in its progress, to a suspension of healthy exercise, a relaxation of mind, an indifference to everything around you, and finally to a debility of body, and hebetude of mind, the farthest of all things from the happiness which the well-regulated indulgences of Epicurus ensure; fortitude, you know, is one of his four cardinal virtues. That teaches us to meet and surmount difficulties; not to fly from them, like cowards; and to fly, too, in vain, for they will meet and arrest us at every turn of our road. Weigh this matter well; brace yourself up; take a seat with Correa, and come and see the finest portion of your country, which, if you have not forgotten, you still do not know, because it is no longer the same as when you knew it. It will add much to the happiness of my recovery to be able to receive Correa and yourself, and prove the estimation in which I hold you both. Come, too, and see our incipient University, which has advanced with great activity this year. By the end of the next, we shall have elegant accommodations for seven professors, and the year following the professors themselves. No secondary character will be received among them. Either the ablest which America or Europe can furnish, or none at all. They will give us the selected society of a great city separated from the dissipations and levities of its ephemeral insects.

I am glad the bust of Condorcet has been saved and so well placed. His genius should be before us; while the lamentable, but singular act of ingratitude which tarnished his latter days, may be thrown behind us.

I will place under this a syllabus of the doctrines of Epicurus,1 somewhat in the lapidary style, which I wrote some twenty years ago, a like one of the philosophy of Jesus, of nearly the same age, is too long to be copied. Vale, et tibi persuade carissimum te esse mihi.

TO JOHN ADAMS

j. mss.

Dear Sir,

—Three long and dangerous illnesses within the last twelve months, must apologize for my long silence towards you.

The paper bubble is then burst. This is what you and I, and every reasoning man, seduced by no obliquity of mind or interest, have long foreseen; yet its disastrous effects are not the less for having been foreseen. We were laboring under a dropsical fulness of circulating medium. Nearly all of it is now called in by the banks, who have the regulation of the safety-valves of our fortunes, and who condense and explode them at their will. Lands in this State cannot now be sold for a year’s rent; and unless our Legislature have wisdom enough to effect a remedy by a gradual diminution only of the medium, there will be a general revolution of property in this state. Over our own paper and that of other States coming among us, they have competent powers; over that of the bank of the United States there is doubt, not here, but elsewhere. That bank will probably conform voluntarily to such regulations as the Legislature may prescribe for the others. If they do not, we must shut their doors, and join the other States which deny the right of Congress to establish banks, and solicit them to agree to some mode of settling this constitutional question. They have themselves twice decided against their right, and twice for it. Many of the States have been uniform in denying it, and between such parties the Constitution has provided no umpire. I do not know particularly the extent of this distress in the other States; but southwardly and westwardly I believe all are involved in it. God bless you, and preserve you many years.

TO JOHN NICHOLAS

j. mss.

Sir,

—Your letter, and the draught of a memorial proposed to be presented to the Legislature, are duly received. With respect to impressions from any differences of political opinion, whether major or minor, alluded to in your letter, I have none. I left them all behind me on quitting Washington, where alone the state of things had, till then, required some attention to them. Nor was that the lightest part of the load I was there disburthened of; and could I permit myself to believe that with the change of circumstances a corresponding change had taken place in the minds of those who differed from me, and that I now stand in the peace and good will of my fellow-citizens generally, it would indeed be a sweetening ingredient in the last dregs of my life. It is not then from that source that my testimony may be scanty, but from a decaying memory, illy retaining things of recent transaction, and scarcely with any distinctness those of forty years back, the period to which your memorial refers: general impressions of them remain, but details are mostly obliterated.

Of the transfer of your corps from the general to the State line, and the other facts in the memorial preceding my entrance on the administration of the State government, June 2, 1779, I, of course, have no knowledge; but public documents, as well as living witnesses, will probably supply this. In 1780, I remember your appointment to a command in the militia sent under General Stevens to the aid of the Carolinas, of which fact the commission signed by myself is sufficient proof. But I have no particular recollections which respect yourself personally in that service. Of what took place during Arnold’s invasion in the subsequent winter I have more knowledge, because so much passed under my own eye, and I have the benefit of some notes to aid my memory. In the short interval of fifty-seven hours between our knowing they had entered James river and their actual debarkation at Westover, we could get together but a small body of militia, (my notes say of three hundred men only,) chiefly from the city and its immediate vicinities. You were placed in the command of these, and ordered to proceed to the neighborhood of the enemy, not with any view to face them directly with so small a force, but to hang on their skirts, and to check their march as much as could be done, to give time for the more distant militia to assemble. The enemy were not to be delayed, however, and were in Richmond in twenty-four hours from their being formed on shore at Westover. The day before their arrival at Richmond, I had sent my family to Tuckahoe, as the memorial states, at which place I joined them about 1 o’clock of that night, having attended late at Westham, to have the public stores and papers thrown across the river. You came up to us at Tuckahoe the next morning, and accompanied me, I think, to Britton’s opposite Westham, to see about the further safety of the arms and other property. Whether you stayed there to look after them, or went with me to the heights of Manchester, and returned thence to Britton’s, I do not recollect. The enemy evacuated Richmond at noon on the 5th of January, having remained there but twenty-three hours. I returned to it in the morning of the 8th, they being still encamped at Westover and Berkley, and yourself and corps at the Forest. They reembarked at 1 o’clock of the 10th. The particulars of your movements down the river, to oppose their re-landing at different points, I do not specifically recollect, but, as stated in the memorial, they are so much in agreement with my general impressions, that I have no doubt of their correctness, and I know that your conduct from the first advance of the enemy to his departure, was approved by myself and by others generally. The rendezvous of the militia at the Tuckahoe bridge, and your having the command of them, I think I also remember, but nothing of their subsequent movements. The legislature had adjourned to meet at Charlottesville, where, at the expiration of my second year, I declined a re-election in the belief that a military man would be more likely to render services adequate to the exigencies of the times. Of the subsequent facts, therefore, stated in the memorial, I have no knowledge.

This, Sir, is the sum of the information I am able to give on the subjects of your memorial, and if it may contribute to the purposes of justice in your case, I shall be happy that in bearing testimony to the truth, I shall have rendered you a just service. I return the memorial and commission, as requested, and pray you to accept my respectful salutations.

TO WILLIAM C. RIVES

j. mss.

Dear Sir,

—The distresses of our country, produced first by the flood, then by the ebb of bank paper, are such as cannot fail to engage the interposition of the legislature. Many propositions will, of course, be offered, from all of which something may probably be culled to make a good whole. I explained to you my project, when I had the pleasure of possessing you here; and I now send its outline in writing, as I believe I promised you. Although preferable things will I hope be offered, yet some twig of this may perhaps be thought worthy of being engrafted on a better stock. But I send it with no particular object or request, but to use it as you please. Suppress it, suggest it, sound opinions, or anything else, at will, only keeping my name unmentioned, for which purpose it is copied in another hand, being ever solicitous to avoid all offence which is heavily felt, when retired from the bustle and contentions of the world. If we suffer the moral of the present lesson to pass away without improvement by the eternal suppression of bank paper, then indeed is the condition of our country desperate, until the slow advance of public instruction shall give to our functionaries the wisdom of their station. Vale, et tibi persuade carissimum te mihi esse.1

TO JOHN ADAMS.

j. mss.

Dear Sir,

—I have to acknowledge the receipt of your favor of November the 23d. The banks, bankrupt law, manufactures, Spanish treaty, are nothing. These are occurrences which, like waves in a storm will pass under the ship. But the Missouri question, is a breaker on which we lose the Missouri country by revolt, and what more, God only knows. From the battle of Bunker’s Hill to the treaty of Paris, we never had so ominous a question. It even damps the joy with which I hear of your high health, and welcomes to me the consequences of my want of it. I thank God that I shall not live to witness its issue. Sed hæc hactenus.

I have been amusing myself latterly with reading the voluminous letters of Cicero. They certainly breathe the purest effusions of an exalted patriot, while the parricide Cæsar is lost in odious contrast. When the enthusiasm, however, kindled by Cicero’s pen and principles, subsides into cool reflection, I ask myself, what was that government which the virtues of Cicero were so zealous to restore, and the ambition of Cæsar to subvert? And if Cæsar had been as virtuous as he was daring and sagacious, what could he, even in the plenitude of his usurped power, have done to lead his fellow citizens into good government? I do not say to restore it, because they never had it, from the rape of the Sabines to the ravages of the Cæsars. If their people indeed had been, like ourselves, enlightened, peaceable, and really free, the answer would be obvious. “Restore independence to all your foreign conquests, relieve Italy from the government of the rabble of Rome, consult it as a nation entitled to self-government, and do its will.” But steeped in corruption, vice and venality, as the whole nation was, (and nobody had done more than Cæsar to corrupt it,) what could even Cicero, Cato, Brutus have done, had it been referred to them to establish a good government for their country? They had no ideas of government themselves, but of their degenerate Senate, nor the people of liberty, but of the factious opposition of their Tribunes. They had afterwards their Tituses, their Trajans and Antoninuses, who had the will to make them happy, and the power to mould their government into a good and permanent form. But it would seem as if they could not see their way clearly to do it. No government can continue good, but under the control of the people; and their people were so demoralized and depraved, as to be incapable of exercising a wholesome control. Their reformation then was to be taken up ab incunabulis. Their minds were to be informed by education what is right and what wrong; to be encouraged in habits of virtue, and deterred from those of vice by the dread of punishments, proportioned indeed, but irremissible; in all cases, to follow truth as the only safe guide, and to eschew error, which bewilders us in one false consequence after another, in endless succession. These are the inculcations necessary to render the people a sure basis for the structure of order and good government. But this would have been an operation of a generation or two, at least, within which period would have succeeded many Neros and Commoduses, who would have quashed the whole process. I confess then, I can neither see what Cicero, Cato, and Brutus, united and uncontrolled, could have devised to lead their people into good government, nor how this enigma can be solved, nor how further shown why it has been the fate of that delightful country never to have known, to this day, and through a course of five and twenty hundred years, the history of which we possess, one single day of free and rational government. Your intimacy with their history, ancient, middle and modern, your familiarity with the improvements in the science of government at this time, will enable you, if any body, to go back with our principles and opinions to the times of Cicero, Cato, and Brutus, and tell us by what process these great and virtuous men could have led so unenlightened and vitiated a people into freedom and good government, et eris mihi magnus Apollo. Cura ut valeas, et tibi persuadeas carissimum te mihi esse.

[1 ]See Vol. I., p. 20, for the document here omitted.

[1 ]The constitution controlling the common law in this particular,—T. J.

[1 ]e. g. The immaculate conception of Jesus, his deification, the creation of the world by him, his miraculous powers, his resurrection and visible ascension, his corporeal presence in the Eucharist, the Trinity; original sin, atonement, regeneration, election, orders of Hierarchy, &c.—T. J.

[1 ]

Syllabus of the doctrines of Epicurus.



Physical.—The Universe eternal.

Its parts, great and small, interchangeable.

Matter and Void alone.

Motion inherent in matter which is weighty and declining.

Eternal circulation of the elements of bodies.

Gods, an order of beings next superior to man, enjoying in their sphere, their own felicities; but not meddling with the concerns of the scale of beings below them.

Moral.—Happiness the aim of life.

Virtue the foundation of happiness.

Utility the test of virtue.

Pleasure active and In-do-lent.

In-do-lence is the absence of pain, the true felicity.

Active, consists in agreeable motion; it is not happiness, but the means to produce it.

Thus the absence of hunger is an article of felicity; eating the means to obtain it.

The summum bonum is to be not pained in body, nor troubled in mind.

i. e. In-do-lence of body, tranquillity of mind.

To procure tranquillity of mind we must avoid desire and fear, the two principal diseases of the mind.

Man is a free agent.

Virtue consists in 1. Prudence. 2. Temperance. 3. Fortitude. 4. Justice.

To which are opposed, 1. Folly. 2. Desire. 3. Fear. 4. Deceit.

[1 ]

Plan for reducing the circulating medium.



The plethory of circulating medium which raised the prices of everything to several times their ordinary and standard value, in which state of things many and heavy debts were contracted; and the sudden withdrawing too great a proportion of that medium, and reduction of prices far below that standard, constitutes the disease under which we are now laboring, and which must end in a general revolution of property, if some remedy is not applied. That remedy is clearly a gradual reduction of the medium to its standard level, that is to say, to the level which a metallic medium will always find for itself, so as to be in equilibro with that of the nations with which we have commerce.

To effect this,

Let the whole of the present paper medium be suspended in its circulation after a certain and not distant day.

Ascertain by proper inquiry the greatest sum of it which has at any one time been in actual circulation.

Take a certain term of years for its gradual reduction, suppose it to be five years; then let the solvent banks issue ⅚ of that amount in new notes, to be attested by a public officer, as a security that neither more or less is issued, and to be given out in exchange for the suspended notes, and the surplus in discount.

Let ⅕th of these notes bear on their face that the bank will discharge them with specie at the end of one year; another 5th at the end of two years; a third 5th at the end of three years; and so of the 4th and 5th. They will be sure to be brought in at their respective periods of redemption.

Make it a high offence to receive or pass within this State a note of any other.

There is little doubt that our banks will agree readily to this operation; if they refuse, declare their charters forfeited by their former irregularities, and give summary process against them for the suspended notes.

The Bank of the United States will probably concur also; if not, shut their doors and join the other States in respectful, but firm applications to Congress, to concur in constituting a tribunal (a special convention, e. g.) for settling amicably the question of their right to institute a bank, and that also of the States to do the same.

A stay-law for the suspension of executions, and their discharge at five annual instalments, should be accommodated to these measures.

Interdict forever, to both the State and national governments, the power of establishing any paper bank; for without this interdiction, we shall have the same ebbs and flows of medium, and the same revolutions of property to go through every twenty or thirty years.

In this way the value of property, keeping pace nearly with the sum of circulating medium, will descend gradually to its proper level, at the rate of about ⅕ every year, the sacrifices of what shall be sold for payment of the first instalments of debts will be moderate, and time will be given for economy and industry to come in aid of those subsequent. Certainly no nation ever before abandoned to the avarice and jugglings of private individuals to regulate, according to their own interests, the quantum of circulating medium for the nation, to inflate, by deluges of paper, the nominal prices of property, and then to buy up that property at 1s. in the pound, having first withdrawn the floating medium which might endanger a competition in purchase. Yet this is what has been done, and will be done, unless stayed by the protecting hand of the legislature. The evil has been produced by the error of their sanction of this ruinous machinery of banks; and justice, wisdom, duty, all require that they should interpose and arrest it before the schemes of plunder and spoliation desolate the country. It is believed that Harpies are already hoarding their money to commence these scenes on the separation of the legislature; and we know that lands have been already sold under the hammer for less than a year’s rent.