Thomas Jefferson
Jefferson, Thomas
May 30, 1797
Philadelphia
Horatio Gates
Gates, Horatio

TO HORATIO GATES J. MSS.

Dear General,

I thank you for the pamphlet of Erskine enclosed in your favor of the 9th inst, and still more for the evidence which your letter affords me of the health of your mind, and I hope of your body also. Erskine has been reprinted here, has done good. It has refreshed the memory of those who had been willing to forget how the war between France and England has been produced; and who, apeing St. James’, called it a defensive war on the part of England. I wish any events could induce us to cease to copy such a model, to assume the dignity of being original. They had their paper system, stockjobbing, speculations, public debt, moneyed interest, c., and all this was contrived for us. They raised their cry against jacobinism and revolutionists, we against democratic societies anti-federalists; their alarmists sounded insurrection, ours marched an army to look for one, but they could not find it. I wish the parallel may stop here, and that we may avoid, instead of imitating, a general bankruptcy and disastrous war.

Congress, or rather the representatives, have been a fortnight debating a more or less irritating answer to the President’s speech. The latter was lost yesterday, by 48. against 51. or 52. It is believed, however, that when they come to propose measures leading directly to war, they will lose some of their numbers. Those who have no wish but for the peace of their country, its independence of all foreign influence, have a hard struggle indeed, overwhelmed by a cry as loud imposing as if it were true, of being under French influence, this raised by a faction composed of English subjects residing among us, or such as are English in all their relations sentiments. However, patience will bring all to rights, and we shall both live to see the mask taken from their faces, and our citizens sensible on which side true liberty independence are sought. Should any circumstance draw me further from home, I shall with great cordiality pay my respects to you at Rose Hill, am not without hope of meeting you here some time.

Here, there, everywhere else, I am with great sincere attachment respect, your friend and servant.

Thomas Jefferson
Jefferson, Thomas
June 1, 1797
Philadelphia
James Madison
Madison, James

TO JAMES MADISON J. MSS.

Dear Sir,

I wrote you on the 18th of May. The address of the Senate was soon after that. The first draught was responsive to the speech, higher toned. Mr. Henry arrived the day it was reported; the addressers had not yet their strength around them. They listened therefore to his objections, recommitted the papers, added him and Tazewell to the committee, and it was reported with considerable alterations; but one great attack was made on it, which was to strike out the clause approving everything heretofore done by the Executive. This clause was retained by a majority of four. They received a new accession of members, held a caucus, took up all the points recommended in the speech, except the raising money, agreed the lists of every committee, and on Monday passed the resolutions appointed the committees, by an uniform vote of 17 to 11. (Mr. Henry was accidentally absent; Ross not then come.) Yesterday they put up the nomination of J. Q. Adams to Berlin, which had been objected to as extending our diplomatic establishment. It was approved by 18 to 14. (Mr. Tatnall accidentally absent.) From the proceedings we were able to see, that 18 on the one side 10 on the other, with two wavering votes, will decide every question. Schuyler is too ill to come this session, Gunn has not yet come. Pinckney (the Genl), John Marshall Dana are nominated envoys extraordinary to France. Charles Lee consulted a member from Virginia to know whether Marshall would be agreeable. He named you, as more likely to give satisfaction. The answer was, “Nobody of mr. Madison’s way of thinking will be appointed.”

The representatives have not yet got through their address. An amendment of mr. Nicholas’, which you will have seen in the papers, was lost by a division of 46 to 52. A clause by mr. Dayton, expressing a wish that France might be put on an equal footing with other nations, was inserted by 52. against 47. This vote is most worthy of notice, because the moderation justice of the proposition being unquestionable, it shews that there are 47. decided to go all lengths to [ illegible ] They have received a new orator from the district of mr. Ames. He is the son of the Secretary of the Senate. They have an accession from S C also, that State being exactly divided. In the H of Repr. I learned the following facts, which give me real concern. When the British treaty arrived at Charleston, a meeting, as you know, was called, and a committee of seventeen appointed, of whom General Pinckney was one. He did not attend. They waited for him, sent for him; he treated the mission with great hauteur, and disapproved of their meddling. In the course of the subsequent altercations, he declared that his brother, T. Pinckney, approved of every article in the treaty, under the existing circumstances, and since that time, the politics of Charleston have been assuming a different hue. Young Rutledge joining Smith and Harper, is an ominous fact as to that whole interest.

Tobacco is at 9. dollars, and flour very dull of sale. A great stagnation in commerce generally. During the present bankruptcy in England, the merchants seem disposed to lie on their oars. It is impossible to conjecture the rising of Congress, as it will depend on the system they decide on; whether of preparation for war, or inaction. In the vote of 46. to 52. Morgan, Macher Evans were of the majority, and Clay kept his seat, refusing to vote with either. In that of 47 to 52, Evans was the only one of our delegation who voted against putting France on an equal footing with other nations.

P. M. So far, I had written in the morning. I now take up my pen to add, that the addresses having been reported to the House, it was moved to disagree to so much of the amendment as went to the putting France on an equal footing with other nations, Morgan and Macher turning tail, (in consequence, as is said, of having been closeted last night by Charles Lee,) the vote was 49. to 50. So the principle was saved by a single vote. They then proposed that compensations for spoliations shall be a sine qua non, and this will be decided on tomorrow. Yours affectionately.

Thomas Jefferson
Jefferson, Thomas
June 4, 1797
Philadelphia
Peregrine Fitzhugh
Fitzhugh, Peregrine

TO PEREGRINE FITZHUGH J. MSS.

Dear Sir,

I am favoured with yours of May 19, thank you for your intentions as to the corn the large white clover which if forwarded to mr. Archibald Stuart at Staunton will find daily means of conveyance from thence to me. That indeed is the nearest post road between you myself by 60. or 70. miles, the one by Georgetown being very circuitous.

The representatives have at length got through their address. As you doubtless receive the newspapers regularly from hence you will have seen in them the address, all the amendments made or proposed (while mentioning newspapers it is doing a good office to as distant places as yours mine to observe that Bache has begun to publish his Aurora for his country customers on 3. sheets a week instead of six. You observe that the 1st 4th pages are only of advertisement. The 2d 3d contain all the essays laws. He prints therefore his 2d 3d. pages of Monday’s Tuesday’s papers on opposite sides of the same sheet, omitting the 1st 4th, so that we have the news pages of 2. papers on one. This costs but 5. instead of 8. dollars saves half the postage. Smith begins in July to publish a weekly paper without advertisements which will probably be a good one. Cary’s paper is an excellent one Bradford’s compiled by Lloyd perhaps the best in the city; but both of these are daily papers. Thinking this episode on newspapers might not be unacceptable in a position as distant as yours, I return to Congress to politics.) You will perceive by the votes that the Republican majority of the last congress has been much affected by the changes of the late election. Still however if all were here the majority would be on the same side, though a small one. They will now proceed to consider what is to be done. It is not easy nor safe to prophecy, but I think the expectation is that they will not permit the merchant vessels to arm, that they will leave the militia as it stands for the present season, vote further sums for going on with the fortifications frigates prefer borrowing the money of the bank to the taking up the subject of taxation generally at this inconvenient season. In fact I consider the calling of Congress so out of season an experiment of the new administration to see how far on what lines they could count on its support. Nothing new had intervened between the late separation the summons, for Pinckney’s non-reception was then known. It is possible from the complexion of the President’s speech that he was disposed or perhaps advised to proceed on a line which would endanger the peace of our country: though the address is nearly responsive yet it would be too bold to proceed on so small a majority. The first unfavorable event, even the necessary taxes, would restore preponderance to the side of peace. The nomination of the envoys for France does not prove a thorough conversion to the pacific system. Our greatest security perhaps is in the impossibility of either borrowing or raising the money which would be necessary. I am suggesting an idea on the subject of taxation which might perhaps facilitate much that business reconcile all parties. That is to say, to lay a land tax leviable in 1798 c. But if by the last day of 1798 any state bring it’s whole quota into the federal Treasury, the tax shall be suspended one year for that state. If by the end of the next year they bring another year’s tax, it shall be suspended a 2d year as to them so toties quoties forever. If they fail, the federal collectors will go on of course to make their collection. In this way those who prefer excises may raise their quota by excises, those who prefer land taxes may raise by land taxes, either on the federal plan, or on any other of their own which they like better. This would tend, I think, to make the general government popular to render the state legislatures useful allies associates instead of rivals, to mollify the harsh tone of government which has been asserted. I find the idea pleasing to most of those to whom I have suggested it. It will be objected to by those who are for a consolidation. You mention the retirement of mr. Ames. You will observe that he has sent us a successor Mr. H. G. Otis as rhetorical as himself. You have perhaps seen an attack made by a Mr. Luther Martin on the facts stated in the Notes on Virginia relative to Logan, his speech, the fate of his family the share Col. Cresap had in their extermination. I do not desire to enter the field in the newspapers with Mr. Martin, but if any injury has been done Col. Cresap in the statement I have given it shall certainly be corrected whenever another edition of that work shall be published. I have given it as I have received it. I think you told me Cresap had lived in your neighbourhood hence I have imagined you could in the ordinary course of conversations in the societies there find the real truth of the whole transaction the genuine character and conduct of Cresap. If you will be so good as to keep this subject in your mind, to avail yourself of the opportunities of enquiry evidence which may occur, communicate the result to me you will singularly oblige me. The proceedings in the federal court of Virginia to overawe the communications between the people their representatives excite great indignation. Probably a great fermentation will be produced by it in that state. Indeed it is the common cause of the confederacy as it is one of their courts which has taken the step. The charges of the federal judges have for a considerable time been inviting the grand juries to become inquisitors on the freedom of speech, of writing of principle of their fellow-citizens. Perhaps the grand juries in the other states as well as in that of Virginia may think it incumbent in their next presentment to enter protestations against this perversion of their institution from a legal to a political engine, even to present those concerned in it. The hostile use which is made of whatever can be laid hold of of mine, obliges me to caution the friends to whom I write, never to let my letters go out of their own hands lest they should get into the newspapers. I pray you to present my most friendly respects to your father, wishes for the continuance of his health good faculties, to accept yourself assurances of the esteem with which I am dear sir your most obedt most humble servt.

Thomas Jefferson
Jefferson, Thomas
June 8, 1797
Philadelphia
French Strother
Strother, French

TO FRENCH STROTHER J. MSS.

Dear Sir,

In compliance with the desire you expressed in the few short moments I had the pleasure of being with you at Fredericksburg, I shall give you some account of what is passing here. The President’s speech you will have seen; and how far its aspect was turned towards war. Our opinion here is that the Executive had that in contemplation, and were not without expectation that the legislature might catch the flame. A powerful part of that has shown a disposition to go all lengths with the Executive; and they have been able to persuade some of more moderate principles to go so far with them as to join them in a very sturdy address. They have voted the compleating manning the three frigates, going on with the fortifications. The Senate have gone much further, they have brought in bills for buying more armed vessels, sending them the frigates out as convoys to our trade, raising more cavalry, more artillerists, and providing a great army, to come into actual service only, if necessary. They have not decided whether they will permit the merchants to arm. The hope belief is that the Representatives will concur in none of these measures, though their divisions hitherto have been so equal as to leave us under doubt apprehension. The usual majorities have been from 1. to 6. votes, these sometimes one way, sometimes the other. Three of the Virginia members dividing from their colleagues occasion the whole difficulty. If they decline these measures, we shall rise about the 17th inst. It appears that the dispositions of the French government towards us wear a very angry cast indeed, and this before Pickering’s letter to Pinckney was known to them. We do not know what effect that may produce. We expect Paine every day in a vessel from Havre, Colo Monroe in one from Bordeaux. Tobacco keeps up to a high price will still rise; flour is dull at 7½ Dollars. I am, with great esteem, dear Sir, your friend and servant.

Thomas Jefferson
Jefferson, Thomas
June 8, 97
Philad.
James Madison
Madison, James

TO JAMES MADISON 1 J. MSS.

Amdmt of address puttg France on equal footing clogged with demand for spoliation, which tho’ right in principle, may enable Exve to make it sine qua non, to indulge their own disposns to rupture.

Repr. have voted complete man frigates, go on with fortfycns. Will prob pass bill from Senate prohibg exportn arms ammunition preventg our citizens from engaging in armed vessels.

Bills for cavalry—artillery—9 vessels—provnal army. Will pass Senate by 18 to 12.

Permittg merchts to arm negativd. in commee Senate 3 to 2. Bingham’s informa that merchts did not wish it. Some of the Senate for it.

Smith Harper proposed permit merchts to arm yesterday.

Buonaparte’s late victory panic of Brit govmt produced sensible effect here. Before that the party partly from inclinn partly devotn to Exve. willing to meet hostilities from France. Now will not force that nail but doing so much of most innocent things as may veil the folly or boldness of convening Congress, leave more offensive measures to issue of negocn or their own next meeting.

Difficult to say if Republicans have majority. Votes carrd both ways by from 1. to 6. Our 3 renegadoes make the difference. Clay firm. Never separated but on the vote mentd in former lre.

Paine expected.—Nothing of Monroe.

P. M. Represent. have decided 46 to 34. yt W. India trade shall not arm. Hence augur well of other resolns. Senate have voted on 2d. reading the 9. vessels. Cost 60 M. D. each these bills originating in Senate going under their sanction to H. Repr in so vibratory a state, have mischievous effect. Expect to rise Saturday 17th. I shall probably be with you 26th or 27th.

Thomas Jefferson
Jefferson, Thomas
June 13. 97
Philadelphia
John Moody
Moody, John

TO JOHN MOODY J. MSS.

Sir,

I might sooner have acknoleged the receipt of your favor of May 15. but I could not sooner have done it with anything satisfactory on the subject it concerned. The first opening of the session of Congress was rather inauspicious to those who consider war as among the greatest calamities to our country. Private conversation, public discussion, thorough calculation, aided by the events of Europe, have nearly brought everyone to the same sentiment, not only to wish for a continuance of peace, but to let no false sense of honor lead us to take a threatening attitude, which to a nation prompt in its passions flushed with victory might produce a blow from them. I rather believe that Congress will think it best to do little or nothing for the present to give fair play to the negotiation proposed, in the meantime lie on their oars till their next meeting in November. Still however both English French spoliations continue in a high degree. Perhaps the prospects in Europe may deaden the activity of the former, call home all their resources, but I see nothing to check the depredations of the French but the natural effect they begin to produce of starving themselves by deterring us from venturing to sea with provisions. This is the best general view I am able to give you of the probable course of things for the summer so far as they may be interesting to commerce. The liberties which the presses take in mutilating whatever they can get hold of, obliges me to request every gentleman to whom I write to take care that nothing from me may be put within their power.

Thomas Jefferson
Jefferson, Thomas
June 15, 97.— a.m.
Philadelphia
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

My last was of the 8th inst. I had enclosed you separately a paper giving you an account of Buonaparte’s last great victory. Since that, we receive information that the preliminaries of peace were signed between France Austria. Mr. Hammond will have arrived at Vienna too late to influence the terms. The victories lately obtained by the French on the Rhine, were as splendid as Buonaparte’s. The mutiny on board the English fleet, tho’ allayed for the present, has impressed that country with terror. King has written letters to his friends recommending a pacific conduct towards France, “notwithstanding the continuance of her injustices.” Volney is convinced France will not make peace with England, because it is such an opportunity for sinking her as she never had may not have again. Buonaparte’s army would have to march 700. miles to Calais. Therefore, it is imagined the armies of the Rhine will be destined for England. The Senate yesterday rejected on it’s 2d reading their own bill for raising 4. more companies of light dragoons, by a vote of 15 to 13. Their cost would have been about 120,000 D a year. To-day the bill for manning the frigates buying 9 vessels @ about 60,000 D each, comes to it’s 3d reading. Some flatter us we may throw it out. The trial will be in time to mention the issue herein. The bills for preventing our citizens from engaging in armed vessels of either party, for prohibitg exportation of arms ammunition, have passed both houses. The fortification bill is before the Representatives still. It is thought by many that with all the mollifying clauses they can give it, it may perhaps be thrown out. They have a separate bill for manning the 3. frigates, but its fate is uncertain. These are probably the ultimate measures which will be adopted, if even these be adopted. The folly of the convocation of Congress at so inconvenient a season an expense of 60,000 D, is now palpable to everybody; or rather it is palpable that war was the object, since, that being out of the question, it is evident there is nothing else. However, nothing less than the miraculous string of events which have taken place, to wit, the victories of the Rhine Italy, peace with Austria, bankruptcy of England, mutiny in her fleet, and King’s writing letters recommending peace, could have cooled the fury of the British faction. Even all that will not prevent considerable efforts still in both houses to shew our teeth to France. We had hoped to have risen this week. It is now talked of for the 24th, but it is impossible yet to affix a time. I think I cannot omit being at our court (July 3,) whether Congress rises or not. If so, I shall be with you on the Friday or Saturday preceding. I have a couple of pamphlets for you, ( Utrum Horum, Paine’s Agrarian Justice, ) being the only things since Erskine which have appeared worth notice. Besides Bache’s paper there are 2. others now accommodated to country circulation. Gale’s (successor of Oswald) twice a week without advertisements at 4. dollars. His debates in Congress are the same with Claypole’s. Also Smith proposes to issue a paper once a week, of news only, and an additional sheet while Congress shall be in session, price 4. dollars. The best daily papers now are Bradford’s compiled by Lloyd, and Markland Cary’s. Claypole’s you know. Have you remarked the pieces signed Fabius? they are written by John Dickinson.

P. M. The bill before the Senate for equipping the 3 frigates, buying 9. vessels of not more than 20. guns, has this day passed on it’s 3d reading by 16. against 13. The fortification bill before the representatives as amended in commee of the whole, passed to it’s 3d reading by 48. against 41. Adieu affectionately, with my best respects to Mrs. Madison.

Thomas Jefferson
Jefferson, Thomas
June 17, 1797
Philadelphia
Aaron Burr
Burr, Aaron

TO AARON BURR J. MSS.

Dear Sir,

The newspapers give so minutely what is passing in Congress, that nothing of detail can be wanting for your information. Perhaps, however, some general view of our situation prospects, since you left us, may not be unacceptable. At any rate, it will give me an opportunity of recalling myself to your memory, of evidencing my esteem for you. You well know how strong a character of division had been impressed on the Senate by the British treaty. Common error, common censure, common efforts of defence had formed the treaty majority into a common band, which feared to separate even on other subjects. Towards the close of the last Congress, however, it had been hoped that their ties began to loosen, their phalanx to separate a little. This hope was blasted at the very opening of the present session, by the nature of the appeal which the President made to the nation; the occasion for which had confessedly sprung from the fatal British treaty. This circumstance rallied them again to their standard, and hitherto we have had pretty regular treaty votes on all questions of principle. And indeed I fear, that as long as the same individuals remain, so long we shall see traces of the same division. In the H of Representatives the republican body has also lost strength. The non-attendance of 5. or 6. of that description, has left the majority very equivocal indeed. A few individuals of no fixed system at all, governed by the panic or the prowess of the moment, flap as the breeze blows against the republican or the aristocratic bodies, and give to the one or the other a preponderance entirely accidental. Hence the dissimilar aspect of the address, of the proceedings subsequent to that. The inflammatory composition of the speech excited sensations of resentment which had slept under British injuries, threw the wavering into the war scale, and produced the war address. Buonaparte’s victories those on the Rhine, the Austrian peace, British bankruptcy, mutiny of the seamen, and mr. King’s exhortations to pacific measures, have cooled them down again, the scale of peace preponderates. The threatening propositions therefore, founded in the address, are abandoned one by one, the cry begins now to be, that we have been called together to do nothing. The truth is, there is nothing to do, the idea of war being scouted by the events of Europe; but this only proves that war was the object for which we were called. It proves that the executive temper was for war; that the convocation of the Representatives was an experiment on the temper of the nation, to see if it was in unison. Efforts at negociation indeed were promised; but such a promise was as difficult to withhold, as easy to render nugatory. If negociation alone had been meant, that might have been pursued without so much delay, and without calling the Representatives; and if strong earnest negotiation had been meant, the additional nomination would have been of persons strongly earnestly attached to the alliance of 1778. War then was intended. Whether abandoned or not, we must judge from future indications events; for the same secrecy mystery is affected to be observed by the present, which marked the former administration. I had always hoped, that the popularity of the late president being once withdrawn from active effect, the natural feelings of the people towards liberty would restore the equilibrium between the Executive Legislative departments, which had been destroyed by the superior weight effect of that popularity; that their natural feelings of moral obligation would discountenance the ungrateful predilection of the executive in favor of Great Britain. But unfortunately, the preceding measures had already alienated the nation who was the object of them, had excited reaction from them, this reaction has on the minds of our citizens an effect which supplies that of the Washington popularity. This effect was sensible on some of the late congressional elections, this it is which has lessened the republican majority in Congress. When it will be reinforced, must depend on events, these are so incalculable, that I consider the future character of our republic as in the air; indeed its future fortune will be in the air, if war is made on us by France, if Louisiana becomes a Gallo-American colony.

I have been much pleased to see a dawn of change in the spirit of your State. The late elections have indicated something, which, at a distance, we do not understand. However, what with the English influence in the lower, and the Patroon influence in the upper part of your State, I presume little is to be hoped. If a prospect could be once opened upon us of the penetration of truth into the eastern States; if the people there, who are unquestionably republicans, could discover that they have been duped into the support of measures calculated to sap the very foundations of republicanism, we might still hope for salvation, and that it would come, as of old, from the east. But will that region ever awake to the true state of things? Can the middle, Southern Western states hold on till they awake? These are painful doubtful questions; and if, in assuring me of your health, you can give me a comfortable solution of them, it will relieve a mind devoted to the preservation of our republican government in the true form spirit in which it was established, but almost oppressed with apprehensions that fraud will at length effect what force could not, that what with currents counter-currents, we shall, in the end, be driven back to the land from which we launched 20. years ago. Indeed, my dear Sir, we have been but a sturdy fish on the hook of a dexterous angler, who, letting us flounce till we have spent our force, brings us up at last.

I am tired of the scene, this day sen’night shall change it for one, where, to tranquillity of mind may be added pursuits of private utility, since none public are admitted by the state of things.

I am, with great sincere esteem, dear Sir, your friend and servant.

P. S. Since writing the above, we have received a report that the French Directory has proposed a declaration of war against the U. S. to the Council of Antients, who have rejected it. Thus we see two nations who love one another affectionately, brought by the ill temper of their executive administrations, to the very brink of a necessity to imbrue their hands in the blood of each other.

Thomas Jefferson
Jefferson, Thomas
June 21, 1797
Philadelphia
Elbridge Gerry
Gerry, Elbridge

TO ELBRIDGE GERRY J. MSS.

My dear Friend,

It was with infinite joy to me, that you were yesterday announced to the Senate, as envoy extraordinary, jointly with Genl. Pinckney mr. Marshall, to the French republic. It gave me certain assurance that there would be a preponderance in the mission, sincerely disposed to be at peace with the French government nation. Peace is undoubtedly at present the first object of our nation. Interest honor are also national considerations. But interest, duly weighed, is in favor of peace even at the expence of spoliations past future; honor cannot now be an object. The insults injuries committed on us by both the belligerent parties, from the beginning of 1793 to this day, still continuing, cannot now be wiped off by engaging in war with one of them. As there is great reason to expect this is the last campaign in Europe, it would certainly be better for us to rub thro this year, as we have done through the four preceding ones, and hope that on the restoration of peace, we may be able to establish some plan for our foreign connections more likely to secure our peace, interest honor, in future. Our countrymen have divided themselves by such strong affections, to the French the English, that nothing will secure us internally but a divorce from both nations; and this must be the object of every real American, and it’s attainment is practicable without much self-denial. But for this, peace is necessary. Be assured of this, my dear Sir, that if we engage in a war during our present passions, our present weakness in some quarters, that our Union runs the greatest risk of not coming out of that war in the shape in which it enters it. My reliance for our preservation is in your acceptance of this mission. I know the tender circumstances which will oppose themselves to it. But it’s duration will be short, and it’s reward long. You have it in your power, by accepting and determining the character of the mission, to secure the present peace eternal union of your country. If you decline, on motives of private pain, a substitute may be named who has enlisted his passions in the present contest, by the preponderance of his vote in the mission may entail on us calamities, your share in which, your feelings, will outweigh whatever pain a temporary absence from your family could give you. The sacrifice will be short, the remorse would be never ending. Let me, then, my dear Sir, conjure your acceptance, and that you will, by this act, seal the mission with the confidence of all parties. Your nomination has given a spring to hope, which was dead before. I leave this place in three days, and therefore shall not here have the pleasure of learning your determination. But it will reach me in my retirement, and enrich the tranquillity of that scene. It will add to the proofs which have convinced me that the man who loves his country on it’s own account, and not merely for it’s trappings of interest or power, can never be divorced from it, can never refuse to come forward when he finds that she is engaged in dangers which he has the means of warding off. Make then an effort, my friend, to renounce your domestic comforts for a few months, and reflect that to be a good husband and good father at this moment, you must be also a good citizen. With sincere wishes for your acceptance success, I am, with unalterable esteem, dear Sir, your affectionate friend and servant.

Thomas Jefferson
Jefferson, Thomas
June 22, 97
Philadelphia
James Madison
Madison, James

TO JAMES MADISON J. MSS.

The Senate have this day rejected their own bill for raising a provisional army of 15,000 men. I think they will reject that for permitting private vessels to arm. The Representatives have thrown out the bill of the Senate for raising artillery. They (Wednesday) put off one forbidding our citizens to serve in foreign vessels of war till Nov, by a vote of 52. to 44. This day they came to a resolution proposing to the Senate to adjourn on Wednesday, the 28th, by a majority of 4. Thus it is now perfectly understood that the convocation of Congress is substantially condemned by their several decisions that nothing is to be done. I may be with you somewhat later than I expected, say from the 1st to the 4th. Preliminaries of peace between Austria France are signed. Dana has declined the mission to France. Gerry is appointed in his room, being supported in Senate by the republican vote; 6 nays of the opposite description. No news of Monroe or Payne. Adieu.

Thomas Jefferson
Jefferson, Thomas
June 24, 97
Philadelphia
Edward Rutledge
Rutledge, Edward

TO EDWARD RUTLEDGE J. MSS.

My Dear Sir,

I have to acknolege your two favors of May 4 19, and to thank you for your attentions to the commissions for the peas oranges, which I learn are arrived in Virginia. Your draft I hope will soon follow on Mr. John Barnes, merchant, here; who, as I before advised you, is directed to answer it.

When Congress first met, the assemblage of facts presented in the President’s speech, with the multiplied accounts of spoliations by the French West Indians, appeared by sundry votes on the address, to incline a majority to put themselves in a posture of war. Under this influence the address was formed, its spirit would probably have been pursued by corresponding measures, had the events of Europe been of an ordinary train. But this has been so extraordinary, that numbers have gone over to those, who, from the first, feeling with sensiblity the French insults, as they had felt those of England before, thought now as they thought then, that war measures should be avoided, those of peace pursued. Their favorite engine, on the former occasion, was commercial regulations, in preference to negociations, to war preparations increase of debt. On the latter, as we have no commerce with France, the restriction of which could press on them, they wished for negociation. Those of the opposite sentiment had, on the former occasion, preferred negociation, but at the same time voted for great war preparations, and increase of debt; now also they were for negociation, war preparations debt. The parties have in debate mutually charged each other with inconsistency, with being governed by an attachment to this or that of the belligerent nations, rather than the dictates of reason pure Americanism. But, in truth, both have been consistent; the same men having voted for war measures who did before, the same against them now who did before. The events of Europe coming to us in astonishing rapid succession, to wit, the public bankruptcy of England, Buonaparte’s successes, the successes on the Rhine, the Austrian peace, mutiny of the British fleet, Irish insurrection, a demand of 43. millions for the current services of the year, and, above all, the warning voice, as is said, of Mr. King, to abandon all thought of connection with Great Britain, that she is going down irrecoverably, will sink us also, if we do not clear ourselves, have brought over several to the pacific party, so as, at present, to give majorities against all threatening measures. They go on with frigates and fortifications, because they were going on with them before. They direct 80,000 of their militia to hold themselves in readiness for service. But they reject the propositions to raise cavalry, artillery, a provisional army, to trust private ships with arms in the present combustible state of things. They believe the present is the last campaign of Europe, wish to rub through this fragment of a year as they have through the four preceding ones, opposing patience to insult, interest to honor. They will, therefore, immediately adjourn. This is, indeed, a most humiliating state of things, but it commenced in 93. Causes have been adding to causes, effects accumulating on effects, from that time to this. We had, in 93, the most respectable character in the universe. What the neutral nations think of us now, I know not; but we are low indeed with the belligerents. Their kicks cuffs prove their contempt. If we weather the present storm, I hope we shall avail ourselves of the calm of peace, to place our foreign connections under a new different arrangement. We must make the interest of every nation stand surety for it’s justice, their own loss to follow injury to us, as effect follows its cause. As to everything except commerce, we ought to divorce ourselves from them all. But this system would require time, temper, wisdom, occasional sacrifice of interest; how far all of these will be ours, our children may see, but we shall not. The passions are too high at present, to be cooled in our day. You I have formerly seen warm debates and high political passions. But gentlemen of different politics would then speak to each other, separate the business of the Senate from that of society. It is not so now. Men who have been intimate all their lives, cross the streets to avoid meeting, turn their heads another way, lest they should be obliged to touch their hats. This may do for young men with whom passion is enjoyment. But it is afflicting to peaceable minds. Tranquillity is the old man’s milk. I go to enjoy it in a few days, to exchange the roar tumult of bulls bears, for the prattle of my grand-children senile rest. Be these yours, my dear friend, through long years, with every other blessing, the attachment of friends as warm sincere, as yours affectionately.

Thomas Jefferson
Jefferson, Thomas
June 27, 97
Philadelphia
Edmund Randolph
Randolph, Edmund

TO EDMUND RANDOLPH J. MSS.

Dear Sir,

I have to acknolege the receipt of your two favors of may 26. 29, which came to hand in due time, and relieved my mind considerably, tho it was not finally done. During the vacation we may perhaps be able to hunt up the letters which are wanting, and get this tornado which has been threatening us, dissipated.

You have seen the speech the address, so nothing need be said on them. The spirit of both has been so whittled down by Buonaparte’s victories, the victories on the Rhine, the Austrian peace, Irish insurgency, English bankruptcy, insubordination of the fleet, c., that Congress is rejecting one by one the measures brought in on the principles of their own address. But nothing less than such miraculous events as have been pouring in on us from the first of our convening could have assuaged the fermentation produced in men’s minds. In consequence of these events, what was the majority at first, is by degrees become the minority, so that we may say that in the Representatives moderation will govern. But nothing can establish firmly the republican principles of our government but an establishment of them in England. France will be the apostle for this. We very much fear that Gerry will not accept the mission to Paris. The delays which have attended this measure have left a dangerous void in our endeavors to preserve peace, which can scarcely be reconciled to a wish to preserve it. I imagine we shall rise from the 1st to the 3d of July. I am, Dear Sir, your friend and servant.

P. S. The interruption of letters is becoming so notorious, that I am forming a resolution of declining correspondence with my friends through the channels of the post altogether.

Thomas Jefferson
Jefferson, Thomas
June 29. 97
Philadelphia
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

The day of adjournment walks before us like our shadow. We shall rise on the 3d or 4th of July. Consequently I shall be with you about the 8th or 9th. The two houses have jointly given up the 9. small vessels. The Senate have rejected at the 3d reading their own bill authorizing the President to lay embargoes. They will probably reject a very unequal tax passed by the Repr. on the venders of wines spirituous liquors (not in retail). They have passed a bill for postponing their next meeting to the constitutional day; but whether the Repr. will concur is uncertain. The Repr. are cooking up a stamp tax which it is thought themselves will reject. The fate of the bill for private armaments is yet undecided in the Senate. The expenses of the session are estimated at 80.000 Doll.—Monroe family arrived here the day before yesterday, well. They will make a short visit to N. York then set their faces homewards. My affectionate respects to Mrs. Madison, and salutations to yourself. Adieu.

Thomas Jefferson
Jefferson, Thomas
July 24. 97
Monticello
James Madison
Madison, James

TO JAMES MADISON J. MSS.

In hopes that Mrs. Madison yourself Miss Madison will favor us with a visit when Colo Monroe calls on you, I write this to inform you that I have had the Shadwell Secretary’s ford both well cleaned. If you come the lower road, the Shadwell ford is the proper one. It is a little deepened but clear of stone perfectly safe. If you come the upper road you will cross at the Secretary’s ford, turning in at the gate on the road soon after you enter the 3. notched road. The draught up the mountain that way is steady but uniform. I see Hamilton has put a short piece into the papers in answer to Callender’s publication, promises shortly something more elaborate. I am anxious to see you here soon, because in about three weeks we shall begin to unroof our house, when the family will be obliged to go elsewhere for shelter. My affectionate respects to the family. Adieu.

Thomas Jefferson
Jefferson, Thomas
Aug. 1797

PETITION TO VIRGINIA HOUSE OF DELEGATES 1 J. MSS.

To the Speaker and House of Delegates of the Commonwealth of Virginia, being a Protest against interference of Judiciary between Representative and Constituent.

The petition of the subscribers, inhabitants of the counties of Amherst, Albemarle, Fluvanna, and Goochland, sheweth:

That by the constitution of this State, established from its earliest settlement, the people thereof have professed the right of being governed by laws to which they have consented by representatives chosen by themselves immediately: that in order to give to the will of the people the influence it ought to have, and the information which may enable them to exercise it usefully, it was a part of the common law, adopted as the law of this land, that their representatives, in the discharge of their functions, should be free from the cognizance or coercion of the coordinate branches, Judiciary and Executive; and that their communications with their constituents should of right, as of duty also, be free, full, and unawed by any: that so necessary has this intercourse been deemed in the country from which they derive principally their descent and laws, that the correspondence between the representative and constituent is privileged there to pass free of expense through the channel of the public post, and that the proceedings of the legislature have been known to be arrested and suspended at times until the Representatives could go home to their several counties and confer with their constituents.

That when, at the epoch of Independence, the constitution was formed under which we are now governed as a commonwealth, so high were the principles of representative government esteemed, that the legislature was made to consist of two branches, both of them chosen immediately by citizens; and that general system of laws was continued which protected the relations between the representative and constituent, and guarded the functions of the former from the control of the Judiciary and Executive branches.

That when circumstances required that the ancient confederation of this with the sister States, for the government of their common concerns, should be improved into a more regular and effective form of general government, the same representative principle was preserved in the new legislature, one branch of which was to be chosen directly by the citizens of each State, and the laws and principles remained unaltered which privileged the representative functions, whether to be exercised in the State or General Government, against the cognizance and notice of the co-ordinate branches, Executive and Judiciary; and for its safe and convenient exercise, the inter-communication of the representative and constituent has been sanctioned and provided for through the channel of the public post, at the public expense.

That at the general partition of this commonwealth into districts, each of which was to choose a representative to Congress, the counties of Amherst, Albemarle, Fluvanna, and Goochland, were laid off into one district: that at the elections held for the said district, in the month of April, in the years 1795 and 1797, the electors thereof made choice of Samuel Jordan Cabell, of the county of Amherst, to be their representative in the legislature of the general government; that the said Samuel Jordan Cabell accepted the office, repaired at the due periods to the legislature of the General Government, exercised his functions there as became a worthy member, and as a good and dutiful representative was in the habit of corresponding with many of his constituents, and communicating to us, by way of letter, information of the public proceedings, of asking and receiving our opinions and advice, and of contributing, as far as might be with right, to preserve the transactions of the general government in unison with the principles and sentiments of his constituents: that while the said Samuel J. Cabell was in the exercise of his functions as a representative from this district, and was in the course of that correspondence which his duty and the will of his constituents imposed on him, the right of thus communicating with them, deemed sacred under all the forms in which our government has hitherto existed, never questioned or infringed even by Royal judges or governors, was openly and directly violated at a Circuit court of the General Government, held at the city of Richmond, for the district of Virginia, in the month of May of this present year, 1797: that at the said court, A, B, c., some of whom were foreigners, having been called upon to serve in the office of grand jurors before the said court, were sworn to the duties of said office in the usual forms of the law, the known limits of which duties are to make presentment of those acts of individuals which the laws have declared to be crimes or misdemeanors: that departing out of the legal limits of their said office, and availing themselves of the sanction of its cover, wickedly and contrary to their fidelity to destroy the rights of the people of this commonwealth, and the fundamental principles of representative government, they made a presentment of the act of the said Samuel J. Cabell, in writing letters to his constituents in the following words, to wit: “We, of the grand jury of the United States, for the district of Virginia, present as a real evil, the circular letters of several members of the late Congress, and particularly letters with the signature of Samuel J. Cabell, endeavoring, at a time of real public danger, to disseminate unfounded calumnies against the happy government of the United States, and thereby to separate the people therefrom; and to increase or produce a foreign influence, ruinous to the peace, happiness, and independence of these United States.”

That the grand jury is a part of the Judiciary, not permanent indeed, but in office, pro hac vice and responsible as other judges are for their actings and doings while in office: that for the Judiciary to interpose in the legislative department between the constituent and his representative, to control them in the exercise of their functions or duties towards each other, to overawe the free correspondence which exists and ought to exist between them, to dictate what communications may pass between them, and to punish all others, to put the representative into jeopardy or criminal prosecution, of vexation, expense, and punishment before the Judiciary, if his communications, public or private, do not exactly square with their ideas of fact or right, or with their designs of wrong, is to put the legislative department under the feet of the Judiciary, is to leave us, indeed, the shadow, but to take away the substance of representation, which requires essentially that the representative be as free as his constituents would be, that the same interchange of sentiment be lawful between him and them as would be lawful among themselves were they in the personal transaction of their own business; is to do away the influence of the people over the proceedings of their representatives by excluding from their knowledge, by the terror of punishment, all but such information or misinformation as may suit their own views; and is the more vitally dangerous when it is considered that grand jurors are selected by officers nominated and holding their places at the will of the Executive: that they are exposed to influence from the judges who are nominated immediately by the Executive, and who, although holding permanently their commissions as judges, yet from the career of additional office and emolument actually opened to them of late, whether constitutionally or not, are under all those motives which interest or ambition inspire, of courting the favor of that branch from which appointments flow: that grand juries are frequently composed in part of by-standers, often foreigners, of foreign attachments and interests, and little knowledge of the laws they are most improperly called to decide on; and finally, is to give to the Judiciary, and through them to the Executive, a complete preponderance over the legislature rendering ineffectual that wise and cautious distribution of powers made by the constitution between the three branches, and subordinating to the other two that branch which most immediately depends on the people themselves, and is responsible to them at short periods.

That independently of these considerations of a constitutional nature, the right of free correspondence between citizen and citizen on their joint interests, public or private, and under whatsoever laws these interests arise, is a natural right of every individual citizen, not the gift of municipal law, but among the objects for the protection of which municipal laws are instituted: that so far as the attempt to take away this natural right of free correspondence is an offence against the privileges of the legislative house, of which the said Samuel J. Cabell is a member, it is left to that house, entrusted with the preservation of its own privileges, to vindicate its immunities against the encroachments and usurpations of a co-ordinate branch; but so far as it is an infraction of our individual rights as citizens by other citizens of our own State, the judicature of this commonwealth is solely competent to its cognizance, no other possessing any powers of redress: that the commonwealth retains all its judiciary cognisances not expressly alienated in the grant of powers to the United States as expressed in their constitution: that that constitution alienates only those enumerated in itself, or arising under laws or treaties of the United States made in conformity with its own tenor: but the right of free correspondence is not claimed under that constitution or the laws or treaties derived from it, but as a natural right, placed originally under the protection of our municipal laws, and retained under the cognizance of our own courts.

Your petitioners further observe that though this crime may not be specifically defined and denominated by any particular statute, yet it is a crime, and of the highest and most alarming nature; that the constitution of this commonwealth, aware it would sometimes happen that deep and dangerous crimes, pronounced as such in the heart of every friend to his country and its free constitution, would often escape the definitions of the law, and yet ought not to escape its punishments, fearing at the same time to entrust such undescribed offences to the discretion of ordinary juries and judges, has reserved the same to the cognizance of the body of the commonwealth acting by their representatives in general assembly, for which purpose provision is made by the constitution in the following words, to wit: “The Governor, when he is out of office, and others offending against the State, either by mal-administration, corruption, or other means by which the safety of the State may be endangered, shall be impeachable by the House of Delegates. Such impeachment to be prosecuted by the Attorney General or such other person or persons as the house may appoint in the general court, according to the laws of the land. If found guilty, he or they shall be either forever disabled to hold any office under government, or removed from such offices pro tempore, or subjected to such pains or penalties as the law shall direct.”

Considering then the House of Delegates as the standing inquest of the whole commonwealth so established by the constitution, that its jurisdiction as such extends over all persons within its limits, and that no pale, no sanctuary has been erected against their jurisdiction to protect offenders who have committed crimes against the laws of the commonwealth and rights of its citizens: that the crime committed by the said grand jurors is of that high and extraordinary character for which the constitution has provided extraordinary procedure: that though the violation of right falls in the first instance on us, your petitioners and the representative chosen immediately by us, yet in principle and consequence it extends to all our fellow-citizens, whose safety is passed away whenever their representatives are placed, in the exercise of their functions, under the direction and coercion of either of the other departments of government, and one of their most interesting rights is lost when that of a free communication of sentiment by speaking or writing is suppressed: We, your petitioners, therefore pray that you will be pleased to take your constitutional cognizance of the premises, and institute such proceedings for impeaching and punishing the said A, B, c., as may secure to the citizens of this commonwealth their constitutional right: that their representatives shall in the exercise of their functions be free and independent of the other departments of government, may guard that full intercourse between them and their constituents which the nature of their relations and the laws of the land establish, may save to them the natural right of communicating their sentiments to one another by speaking and writing, and may serve as a terror to others attempting hereafter to subvert those rights and the fundamental principles of our constitution, to exclude the people from all direct influence over the government they have established by reducing that branch of the legislature which they choose directly, to a subordination under those over whom they have but an indirect, distant, and feeble control.

And your petitioners further submit to the wisdom of the two houses of assembly whether the safety of the citizens of this commonwealth in their persons, their property, their laws, and government, does not require that the capacity to act in the important office of a juror, grand or petty, civil or criminal, should be restrained in future to native citizens of the United States, or such as were citizens at the date of the treaty of peace which closed our revolutionary war, and whether the ignorance of our laws and natural partiality to the countries of their birth are not reasonable causes for declaring this to be one of the rights incommunicable in future to adoptive citizens.

We, therefore, your petitioners, relying with entire confidence on the wisdom and patriotism of our representatives in General assembly, clothed preeminently with all the powers of the people which have not been reserved to themselves, or enumerated in the grant to the General Government delegated to maintain all their rights and relations not expressly and exclusively transferred to other jurisdictions, and stationed as sentinels to observe with watchfulness and oppose with firmness all movements tending to destroy the equilibrium of our excellent but complicated machine of government, invoke from you that redress of our violated rights which the freedom and safety of our common country calls for. We denounce to you a great crime, wicked in its purpose, and mortal in its consequences unless prevented, committed by citizens of this commonwealth against the body of their country. If we have erred in conceiving the redress provided by the law, we commit the subject to the superior wisdom of this house to devise and pursue such proceedings as they shall think best; and we, as in duty bound, shall ever pray, c.

Thomas Jefferson
Jefferson, Thomas
Aug 3, 97
Monticello
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

I scribbled you a line on the 24th ult; it missed of the post, and so went by a private hand. I perceive from yours by mr. Bringhurst, that you had not received it. In fact, it was only on earnest exhortation to come here with Monroe, which I still hope you will do. In the meantime, I enclose you a letter from him, and wish your opinion on its principal subject. The variety of other topics the day I was with you, kept out of sight the letter to Mazzei imputed to me in the papers, the general substance of which is mine, tho’ the diction has been considerably varied in the course of it’s translations from English into Italian, from Italian into French, from French into English. I first met with it at Bladensburg, and for a moment conceived I must take the field of the public papers. I could not disavow it wholly, because the greatest part was mine, in substance tho’ not in form. I could not avow it as it stood, because the form was not mine, and, in one place, the substance very materially falsified. This, then, would render explanations necessary; nay, it would render proofs of the whole necessary, draw me at length into a publication of all (even the secret) transactions of the administration while I was of it; and embroil me personally with every member of the Executive, with the Judiciary, and with others still. I soon decided in my own mind, to be entirely silent. I consulted with several friends at Philadelphia, who, every one of them, were clearly against my avowing or disavowing, some of them conjured me most earnestly to let nothing provoke me to it. I corrected, in conversation with them, a substantial misrepresentation in the copy published. The original has a sentiment like this (for I have it not before me), “they are endeavoring to submit us to the substance, as they already have to the forms of the British government;” meaning by forms, the birth-days, levees, processions to parliament, inauguration pomposities, c. But the copy published says, “as they have already submitted us to the form of the British,” c., making me express hostility to the form of our government, that is to say, to the constitution itself. For this is really the difference of the word form, used in the singular or plural, in that phrase, in the English language. Now it would be impossible for me to explain this publicly, without bringing on a personal difference between Genl Washington myself, which nothing before the publication of this letter has ever done. It would embroil me also with all those with whom his character is still popular, that is to say, nine tenths of the people of the U S; and what good would be obtained by my avowing the letter with the necessary explanations? Very little indeed, in my opinion, to counterbalance a good deal of harm. From my silence in this instance, it can never be inferred that I am afraid to own the general sentiments of the letter. If I am subject to either imputation, it is to that of avowing such sentiments too frankly both in private public, often when there is no necessity for it, merely because I disdain everything like duplicity. Still, however, I am open to conviction. Think for me on the occasion, and advise me what to do, and confer with Colo Monroe on the subject.

Let me entreat you again to come with him; there are other important things to consult on. One will be his affair. Another is the subject of the petition now enclosed you, to be proposed to our district, on the late presentment of our representative by the grand jury: the idea it brings forward is still confined to my own breast. It has never been mentioned to any mortal, because I first wish your opinion on the expediency of the measure. If you approve it, I shall propose to P. Carr or some other, to father it, and to present it to the counties at their general muster. This will be in time for our Assembly. The presentment going in the public papers just at the moment when Congress was together, produced a great effect both on it’s friends foes in that body, very much to the disheartening mortification of the latter. I wish this petition, if approved, to arrive there under the same circumstance, to produce the counter-effect so wanting for their gratification. I could have wished to receive it from you again at our court on Monday, because P. Carr Wilson Nicholas will be there, and might also be consulted, and commence measures for putting it into motion. If you can return it then, with your opinion and corrections, it will be of importance. Present me affectionately to mrs. Madison, convey to her my entreaties to interpose her good offices persuasives with you to bring her here, and before we uncover our house, which will yet be some weeks.

Salutations Adieu.

Thomas Jefferson
Jefferson, Thomas
Aug 28, 97
Monticello
St. George Tucker
Tucker, St. George

TO ST. GEORGE TUCKER J. MSS.

Dear Sir,

I have to acknolege the receipt of your two favors of the 2d 22d inst. and to thank you for the pamphlet covered by the former. 1 You know my subscription to it’s doctrines; and to the mode of emancipation, I am satisfied that that must be a matter of compromise between the passions, the prejudices, the real difficulties which will each have their weight in that operation. Perhaps the first chapter of this history, which has begun in St. Domingo, the next succeeding ones, which will recount how all the whites were driven from all the other islands, may prepare our minds for a peaceable accommodation between justice, policy necessity; furnish an answer to the difficult question, whither shall the colored emigrants go? and the sooner we put some plan underway, the greater hope there is that it may be permitted to proceed peaceably to it’s ultimate effect. But if something is not done, soon done, we shall be the murderers of our own children. The ‘murmura venturos nautis prodentia ventos’ has already reached us; the revolutionary storm, now sweeping the globe, will be upon us, and happy if we make timely provision to give it an easy passage over our land. From the present state of things in Europe America, the day which begins our combustion must be near at hand; and only a single spark is wanting to make that day to-morrow. If we had begun sooner, we might probably have been allowed a lengthier operation to clear ourselves, but every day’s delay lessens the time we may take for emancipation. Some people derive hope from the aid of the confederated States. But this is a delusion. There is but one state in the Union which will aid us sincerely, if an insurrection begins, and that one may, perhaps, have it’s own fire to quench at the same time. The facts stated in yours of the 22d, were not identically known to me, but others like them were. From the general government no interference need be expected. Even the merchant and navigator, the immediate sufferers, are prevented by various motives from wishing to be redressed. I see nothing but a State procedure which can vindicate us from the insult. It is in the power of any single magistrate, or of the Attorney for the Commonwealth, to lay hold of the commanding officer, whenever he comes ashore, for the breach of the peace, and to proceed against him by indictment. This is so plain an operation, that no power can prevent it’s being carried through with effect, but the want of will in the officers of the State. I think that the matter of finances, which has set the people of Europe to thinking, is now advanced to that point with us, that the next step, it is an unavoidable one, a land tax, will awaken our constituents, and call for inspection into past proceedings. I am, with great esteem, dear Sir, your friend and servant.

Thomas Jefferson
Jefferson, Thomas
Sepr 1, 97
Monticello
Colonel Arthur Campbell
Campbell, Colonel Arthur

TO COLONEL ARTHUR CAMPBELL J. MSS.

Dear Sir,

I have to acknolege the receipt of your favor of July 4. and to recognize in it the sentiments you have ever held, worthy of the day on which it is dated. It is true that a party has risen up among us, or rather has come among us, which is endeavoring to separate us from all friendly connection with France, to unite our destinies with those of Great Britain, to assimilate our government to theirs. Our lenity in permitting the return of the old tories, gave the first body to this party; they have been increased by large importations of British merchants and factors, by American merchants dealing on British capital, and by stock dealers banking companies, who, by the aid of a paper system, are enriching themselves to the ruin of our country, and swaying the government by their possession of the printing presses, which their wealth commands, and by other means, not always honorable to the character of our countrymen. Hitherto, their influence their system has been irresistible, and they have raised up an Executive power which is too strong for the legislature. But I flatter myself they have passed their zenith. The people, while these things were doing, were lulled into rest and security from a cause which no longer exists. No prepossessions now will shut their ears to truth. They begin to see to what port their leaders were steering during their slumbers, and there is yet time to haul in, if we can avoid a war with France. All can be done peaceably, by the people confiding their choice of Representatives Senators to persons attached to republican government the principles of 1776, not office-hunters, but farmers, whose interests are entirely agricultural. Such men are the true representatives of the great American interest, and are alone to be relied on for expressing the proper American sentiments. We owe gratitude to France, justice to England, good will to all, and subservience to none. All this must be brought about by the people, using their elective rights with prudence self-possession, and not suffering themselves to be duped by treacherous emissaries. It was by the sober sense of our citizens that we were safely and steadily conducted from monarchy to republicanism, and it is by the same agency alone we can be kept from falling back. I am happy in this occasion of reviving the memory of old things, and of assuring you of the continuance of the esteem respect of, dear Sir, your friend and servant.

Thomas Jefferson
Jefferson, Thomas
September 5, 1797
Monticello
John Francis Mercer
Mercer, John Francis

TO JOHN FRANCIS MERCER J. MSS.

* * * We have now with us our friend Monroe. He is engaged in stating his conduct for the information of the public. As yet, however, he has done little, being too much occupied with re-arranging his household. His preliminary skirmish with the Secretary of state has, of course, bespoke a suspension of the public mind, till he can lay his statement before them. Our Congressional district is fermenting under the presentment of their representative by the Grand jury: and the question of a Convention for forming a State Constitution will probably be attended to in these parts. These are the news of our canton. Those of a more public nature you know before we do. My best respects to mrs. Mercer, and assurances to yourself of the affectionate esteem of, dear Sir, your friend and servant.

Thomas Jefferson
Jefferson, Thomas
Sep 7, 97
Monticello
James Monroe
Monroe, James

TO JAMES MONROE J. MSS.

The doubt which you suggest as to our jurisdiction over the case of the grand jury vs. Cabell, had occurred to me, naturally occurs on first view of the question. But I knew, that to send the petition to the Ho of Represent. in Congress, would make bad worse; that a majority of that House would pass a vote of approbation. On examination of the question, too, it appeared to me that we could maintain the authority of our own government over it.

A right of free correspondence between citizen citizen, on their joint interests, whether public or private, under whatsoever laws these interests arise, (to wit, of the state, of Congress, of France, Spain, or Turkey), is a natural right; it is not the gift of any municipal law, either of England, or of Virginia, or of Congress; but in common with all our other natural rights, is one of the objects for the protection of which society is formed, municipal laws established.

The courts of this commonwealth (and among them the General court, as a court of impeachment) are originally competent to the cognizance of all infractions of the rights of one citizen by another citizen; and they still retain all their judiciary cognizances not expressly alienated by the federal constitution.

The federal constitution alienates from them all cases arising, 1st, under that constitution; 2dly, under the laws of Congress; 3dly, under treaties, c. But this right of free correspondence, whether with a public representative in General assembly, in Congress, in France, in Spain, or with a private one charged with a pecuniary trust, or with a private friend the object of our esteem, or any other, has not been given to us under, 1st, the federal constitution; 2dly, any law of Congress; or 3dly, any treaty; but as before observed, by nature. It is therefore not alienated, but remains under the protection of our courts.

Were the question even doubtful, it is no reason for abandoning it. The system of the General government, is to seize all doubtful ground. We must join in the scramble, or get nothing. Where first occupancy is to give a right, he who lies still loses all. Besides, it is not right for those who are only to act in a preliminary form, to let their own doubts preclude the judgment of the court of ultimate decision. We ought to let it go to the Ho of delegates for their consideration, they, unless the contrary be palpable, ought to let it go to the General court, who are ultimately to decide on it.

It is of immense consequence that the States retain as complete authority as possible over their own citizens. The withdrawing themselves under the shelter of a foreign jurisdiction, is so subversive of order and so pregnant of abuse, that it may not be amiss to consider how far a law of præmunire should be revived modified, against all citizens who attempt to carry their causes before any other than the State courts, in cases where those other courts have no right to their cognizance. A plea to the jurisdiction of the courts of their State, or a reclamation of a foreign jurisdiction, if adjudged valid, would be safe; but if adjudged invalid, would be followed by the punishment of præmunire for the attempt.

Think further of the preceding part of this letter, and we will have further conference on it. Adieu.

P. S. Observe, that it is not the breach of mr. Cabell’s privilege which we mean to punish: that might lie with Congress. It is the wrong done to the citizens of our district. Congress has no authority to punish that wrong. They can only take cognizance of it in vindication of their member.

Thomas Jefferson
Jefferson, Thomas
Sept. 10, 97
Monticello
Alexander White
White, Alexander

TO ALEXANDER WHITE J. MSS.

Dear Sir,

So many persons have of late found an interest or a passion gratified by imputing to me sayings and writings which I never said or wrote, or by endeavoring to draw me into newspapers to harass me personally, that I have found it necessary for my quiet my other pursuits to leave them in full possession of the field, and not to take the trouble of contradicting them in private conversation. If I do it now, it is out of respect to your application, made by private letter not thro’ the newspapers, under the perfect assurance that what I write to you will not be permitted to get into a newspaper, while you are at full liberty to assert it in conversation under my authority.

I never gave an opinion that the Government would not remove to the federal city. I never entertained that opinion; but on the contrary, whenever asked the question, I have expressed my full confidence that they would remove there. Having had frequent occasion to declare this sentiment, I have endeavored to conjecture on what a contrary one could have been ascribed to me. I remember that in Georgetown, where I passed a day in February in conversation with several gentlemen on the preparations there for receiving the government, an opinion was expressed by some, not privately, that there would be few or no private buildings erected in Washington this summer, and that the prospect of their being a sufficient number in time, was not flattering. This they grounded on the fact that the persons holding lots, from a view to increase their means of building, had converted their money at low prices, into Morris Nicholson’s notes, then possessing a good degree of credit, that having lost these by the failure of these gentlemen, they were much less able to build than they would have been. I then observed, and I did it with a view to excite exertion, that if there should not be private houses in readiness sufficient for the accommodation of Congress the persons annexed to the Government, it could not be expected that men should come there to lodge, like cattle, in the fields, and that it highly behooved those interested in the removal to use every exertion to provide accommodations. In this opinion, I presume I shall be joined by yourself every other. But delivered, as it was, only on the hypothesis of a fact stated by others, it could not authorize the assertion of an absolute opinion, separated from the statement of fact on which it was hypothetically grounded. I have seen no reason to believe that Congress have changed their purpose with respect to the removal. Every public indication from them, every sentiment I have heard privately expressed by the members, convinces me they are steady in the purpose. Being on this subject, I will suggest to you, what I did privately at Georgetown to a particular person, in confidence that it should be suggested to the managers, if in event it should happen that there should not be a sufficiency of private buildings erected within the proper time, would it not be better for the commissioners to apply for a suspension of the removal for one year, than to leave it to the hazard which a contrary interest might otherwise bring on it? Of this however you have yet two summers to consider, and you have the best knolege of the circumstances on which a judgment may be formed whether private accommodations will be provided. As to the public buildings, every one seems to agree that they will be in readiness.

I have for five or six years been encouraging the opening a direct road from the Southern part of this State, leading through this county to Georgetown. The route proposed is from Georgetown by Colol. Alexander’s, Elk - run Church, Norman’s Ford, Stevensburg, the Racoon Ford, the Marquis’s Road, Martin Key’s Ford on the Rivanna, the mouth of Slate River, the high bridge on Appomattox, Prince Edward C. H., Charlotte C. H., Cole’s ferry on Stanton, Dix’s ferry on Dan, Guilford C. H., Salisbury, Croswell’s ferry on Saluda, Ninety-six, Augusta. It is believed this road will shorten the distance along the continent 100. miles. It will be to open anew only from Georgetown to Prince Edward courthouse. An actual survey has been made from Stevensburg to Georgetown, by which that much of the road will be shortened 20. miles, be all a dead level. The difficulty is to get it first through Fairfax Prince William. The counties after that will very readily carry it on. We consider it as opening to us a direct road to the market of the federal city, for all the beef mutton we could raise, for which we have no market at present. I am in possession of the survey, had thought of getting the Bridge co at Georgetown to undertake to get the road carried through Fairfax Prince William, either by those counties or by themselves. But I have some apprehension that by pointing our road to the bridge, it might get out of the level country, and be carried over the hills, which will be but a little above it. This would be inadmissible. Perhaps you could suggest some means of our getting over the obstacle of those two counties. I shall be very happy to concur in any measure which can effect all our purposes. I am with esteem, dear Sir, your most obedient servant.

Thomas Jefferson
Jefferson, Thomas
Oct. 25. 97
Monticello
James Monroe
Monroe, James

TO JAMES MONROE J. MSS.

I like your second title better than the first because it is shorter. I should like the following better than either: “The Foreign affairs of the U. S. during the years 1794.5.6. laid before his fellow citizens by J. M. their late M. P. to the Republic of France.” The reason of my preference is that it implies no inculpation of the Executive. Such an implication will determine prejudiced men against buying or reading the book. The following title would be better but for one reason: “An account of the foreign affairs of the U. S. during the years 1794.5.6 rendered to his fellow citizens by J. M. their late M. P. to the Republic of France,” but that it would raise the old hue and cry against the attempt to separate the people from their government. For this reason it might be questionable whether the words “laid before his fellow citizens” in the first title I propose, had not better be omitted. In that case the words “a view of” should be premised, so as to make it “a view of the Foreign affairs of the U. S. during c.—by J. M. c. Decide among them.

I should not be for publishing the long letters from the Secy of State to Fauchet, Hammond, because they were no part of your business because they are already printed by the Executive. Perhaps it would be well to refer in a note to E. R.’s letter to you that it enclosed such and such letters which may be seen in such a publication, quoting the pages. I rather think that to you relative to Fenwick ought to be published 1. because it is to you. 2. because it will show how vigorous they were when the English interests were affected. 3. because it was a malversation in Fenwick if true, ought to be published for the honor of the U. S. warning to other consuls. Skipwith’s report might be referred to as already printed. As to the question whether a Minister is that of his country or of G. W. or J. A. I do not think will need a very formal discussion. A bare statement of it with a few such strong observations as will occur currente calamo, will suffice. Still it is necessary to be stated, to bring indolent readers to reflection. Appearances might otherwise lead them astray. Adieu.

Thomas Jefferson
Jefferson, Thomas
Dec. 21. 97
Philadelphia
John Wayles Eppes
Eppes, John Wayles

TO JOHN WAYLES EPPES J. MSS.

Presuming that you get the newspapers I shall not repeat the public news which they detail. The great victory obtained by the English over the Dutch fleet is placed beyond doubt. They have taken 9. out of 16. As to the proceedings of Congress, they have passed a bill putting off the commencement of the Stamp act till July next. The land tax will not be taken up this session. It is suspected that the approaching elections have had as much influence in both these measures, as the condition of the Treasury, which is said to be better than was expected. Congress therefore have absolutely nothing to do, but to wait for news from our Parisian envoys. If that is of a peaceable aspect I know nothing which ought to keep us long from home. And that it will be of peaceable aspect there is solid reason to expect, notwithstanding the newspaper paragraphs of a contrary import, fabricated to give a hostile impulse to Congress. We learn from Norfolk that Barry is made Judge of Admiralty in the French West Indies, has forbidden the capture of any American vessels except going to rebel ports. This looks as if they wish to distinguish between real American vessels, English ones under American papers. They suppose probably that Barry will be able to distinguish them.

I send according to your desire Paine’s letter. In my next I will enclose another pamphlet on the same subject. Monroe’s book appears this day. It is of near 500. pages, consequently too large to go by post. Bache will send on 2. or 300 copies to Richmond. I have put on board Stratton’s schooner an anvil, vice beek-iron for George, proposing as soon as he receives them, that Isaac shall take those he has. We had hoped 2. or 3. days ago that the vessels here would have got out. But the weather has now set in so as to render it doubtful whether they are not shut for the winter. If so, it will be February before these things get on. You would do well to employ Isaac in the meantime in preparing coal for his year’s work. He should have about 2000. bushels laid in. Nor will it be amiss to cord his wood in order to excite him to an emulation in burning it well. I am in hopes you or mr. Randolph will prepare for the road contract. It is very interesting to us all. Tell my dear Maria I received her letter of the 8th from Chestnut Grove this day. I will write to her next. In the meantime convey to her the warmest expressions of my love. Present me affectionately to mr. mrs. Eppes to all the younger ones. Adieu with sincere affection.

P. S. I am entirely at a loss to what post office to direct your letters. I have conjectured you have most intercourse with Petersburg.

Thomas Jefferson
Jefferson, Thomas
Dec. 23. 97
Philadelphia
John Taylor
Taylor, John

TO JOHN TAYLOR J. MSS.

Dear Sir

* * * Our stamp act is put off till July next. The land tax will also be put off. The approach of the elections may have had its weight in both these measures. The affluence of the Treasury has rendered it possible to go on a year longer without a land tax. The questions about beginning a Navy permitting our merchants (alias the English merchants) to arm begin the war for us, must of course be discussed, because the speech has recommended these measures. But I see no reason to apprehend any change in the opinion of Congress on these points since the summer session. These therefore Blount’s impeachment will serve to give us an appearance of business for sometime. For an honest truth I believe every man here acknoleges we have nothing to do: that there is literally nothing which the public good requires us to act upon. As we are together, I think myself we ought not to separate till we hear from our envoys at Paris I think we may expect by the last of January not only to hear from them, but to see what is likely to be the aspect of our affairs with France. If peaceable, I know no reason why we should not go home immediately, economise something on the daily expenses of our session, which in truth are enormous. The French envoy here tells me he has a letter from his government mentioning that they expect our envoys that they will be well received. A pamphlet written by Fauchet is come here. I have not read it but I understand that the sum of it is that our Executive are the enemies of France, our citizens generally friendly, but that the mutual interests of both countries require a continuance of friendly intercourse between the two republics. A bill extending for three years the law respecting foreign coins has passed the representatives with some difficulty may possibly fail in the Senate. Whether [ illegible ] fears for the mint or whether ground [ illegible ] I know not. But if it fails we are left almost without a coin for legal tenders. As you are in session it behooves you to see that your laws fixing the value of foreign coin making them a tender are in [ illegible ] footing. By the constitution Congress may regulate the value of foreign coin, but if they do not do it, the old power revives to the state, the Constitution only forbidding them to make anything but gold silver coin a tender in payment of debts. This construction is admitted here by persons not disposed to give to the states more powers than they are entitled to. Adieu. Affectionately.

Thomas Jefferson
Jefferson, Thomas
Dec. 27, 97
Philadelphia
James Monroe
Monroe, James

TO JAMES MONROE J. MSS.

Dear Sir,

I communicated to Mr. M. the evening I was with him the papers you sent by me for Mr. D. He was clearly of opinion nothing further ought to be done. D. was decisively of the same opinion. This being the case then there was no ground for consulting L. or B. accordingly nothing has been said to them. Your book was later coming than was to have been wished: however it works irresistably. It would be very gratifying to you to hear the unqualified eulogies both on the matter manner by all who are not hostile to it from principle. A pamphlet written by Fauchet (and now reprinting here) reinforced the views you have presented of the duplicity of the administration here. The Republican party in the H. of Representatives is stronger than its antagonistic party in all strong questions. Today on a question to put off a bill for permitting private vessels to arm, it was put off to the 1st Monday of Feb. by 40. to 37. on a motion to reconsider was confirmed by 44. to 38. We have half a dozen members absent, who if here would give decisive preponderance. Two of these are of our state, Giles Cabell. The stamp act is put off to July, the Land tax will not be touched this session. Before the next the elections will be over. We have therefore literally nothing to do, but to await intelligence from our envoys at Paris, as soon as we learn that our affairs there will be of peaceable aspect (as there is reason to expect) I see nothing which ought to keep us here. The question about building a navy, to be sure must be discussed out of respect to the speech: but it will only be to reject them. A bill has passed the representatives giving three years longer currency to foreign coins. It is in danger in the Senate. The effect of stopping the currency of gold silver is to force bank paper through all the states. However I presume the state legislatures will exercise their acknoleged right of regulating the value of foreign coins, when not regulated by Congress, their exclusive right of declaring them a tender. The Marquis Fayette was expected in the ship John from Hamburg. She is cast away in this river. 70 passengers were said to be got ashore the rest still remaining on the wreck, but we do not know that he was actually a passenger. Some late elections have been remarkable. Lloyd of Maryland in the place of Henry by a majority of 1. against Winder the Republican candidate. Chipman, Senator of Vermont, by a majority of 1. against J. Smith the Republican candidate. Tichenor chosen governor of Vermont by a small majority against the Republican candidate. Governor Robertson of that state writes that the people there are fast coming over to a sound understanding of the state of our affairs. The same is said of some other of the N. England states. In this state that spirit rises very steadily. The Republicans have a firm majority of about 6. in the H. of Representatives here, a circumstance which has not been seen for some years. Even their Senate is purifying. The contest for the government will be between McKean Ross, will probably be an extreme hard one. In N. York it will be the same between Livingston Jay, who is becoming unpopular with his own party. We are anxious to see how the N. York representatives are. The dismission of Tench Coxe from office without any reason assigned is considered as one of the bold acts of the President. Tant mieux. As soon as Fauchet’s pamphlet appears I will send you a copy. Your book so far has sold rapidly. I received from mr. Madison paper for 500 D. for you, which will be paid in the course of a few weeks. I shall desire Barnes to receive and hold it subject to your order. Present me respectfully to mrs. Monroe accept assurances of my sincere friendship. Adieu.

Thomas Jefferson
Jefferson, Thomas
Jan. 1. 1798
Philadelphia
John Page
Page, John

TO JOHN PAGE J. MSS.

My dear Page,

You have probably seen or heard of some very abusive letters addressed to me in the publick papers by a mr. Martin of Baltimore on the subject of Logan’s speech cited in the Notes on Virginia. I do not mean to notice mr. Martin or to go into the newspapers on the subject, but I am still anxious to inquire into the foundation of that story, and if I find anything wrong in it it shall be corrected, what is right supported either in some new edition of that work or in an Appendix to it. You I were so much together about the year 1774, that I take for granted that whatsoever I heard you heard also, therefore that your memory can assist mine in recollecting the substance of the story, how it came to us, who could now be applied to to give information relative to it. You were more in Ld Dunmore’s Foy’s company than I was, probably heard more of it from that family than I did. I must pray you to rub up your recollection communicate to me as fully as you can what you can recall to your mind relative to it. if you can procure me the evidence, or the recollections of any other persons on it, it will much oblige me. We have now been met 7. weeks have done nothing except put off the stamp act to July next. Nor does it seem as if there would be anything to do. We are waiting for news from France. A letter from Talleyrand (French Minister of Foreign Affairs) to mr. Le Tombe consul here, dated the day after the arrival of our ministers at Paris, says they will be well received, that every disposition exists on the side of France to accommodate their differences with us. I imagine you will have seen Monroe’s work, as many copies were sent to Richmond by Bache. We hourly expect Fauchet’s pamphlet from the same press. I will send you a copy. Present me respectfully to mrs. Page accept assurances of the constant friendship of my Dear Sir, Yours affectionately.

Thomas Jefferson
Jefferson, Thomas
Jan. 2, 1798
Philadelphia
Mann Page
Page, Mann

TO MANN PAGE J. MSS.

Dear Sir,

I do not know whether you have seen some very furious abuse of me in the Baltimore papers by a mr. Luther Martin, on account of Logan’s speech, published in the Notes on Virginia. He supposes both the speech story made by me to support an argument against Buffon. I mean not to enter into a newspaper contest with mr. Martin; but I wish to collect, as well as the lapse of time will permit, the evidence on which we received that story. It was brought to us I remember by Ld Dunmore his officers on their return from the expedition of 1774. I am sure it was from them that I got it. As you were very much in the same circle of society in Wmsburg with myself, I am in hopes your memory will be able to help out mine, and recall some facts which have escaped me. I ask it as a great favor of you to endeavor to recollect, to communicate to me all the circumstances you possibly can relative to this matter, particularly the authority on which we received it, the names of any persons who you think can give me information. I mean to fix the fact with all possible care and truth, and either to establish or correct the former statement in an Appendix to the Notes on Virginia, or in the first republication of the work.

Congress have done nothing interesting except postponing the Stamp Act. An act continuing the currency of the foreign coins 3. years longer has passed the Representatives, but was lost in the Senate. We have hopes that our envoys will be received decently at Paris, and some compromise agreed on. There seems to be little appearance of peace in Europe. Those among us who were so timid when they apprehended war with England, are now bold in propositions to arm. I do not think however that the Representatives will change the policy pursued by them at their summer session. The land tax will not be brought forward this year. Congress of course have no real business to be employed on. We may expect in a month or six weeks to hear so far from our commissioners at Paris as to judge what will be the aspect of our situation with France. If peaceable, as we hope, I know of nothing which should keep us together. In my late journey to this place, I came through Culpeper Prince William to Georgetown. When I return, it will be through the eastern shore (a country I have never seen), by Norfolk Petersburg; so that I shall fail then also of the pleasure of seeing you. Present my respectful compliments to mrs. Page, and accept assurances of the sincere esteem of, dear Sir, your friend and servant.

Thomas Jefferson
Jefferson, Thomas
P, Jan, 3, 1798
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

Dear Sir,

* * * Our weather has been here, as with you, cold dry. The thermometer has been at 8°. The river closed here the first week of December, which has caught a vast number of vessels destined for departure. It deadens also the demand for wheat. The price at New York is 1.75 of flour 8.50 to 9.; tobacco 11. to 12. D.; there need be no doubt of greater prices. The bankruptcies here continue: the prison is full of the most reputable merchants, it is understood that the scene has not yet got to its height. Prices have fallen greatly. The market is cheaper than it has been for 4. years. Labor house rent much reduced. Dry goods somewhat. It is expected they will fall till they get nearly to old prices. Money scarce beyond all example.

The Representatives have rejected the President’s proposition for enabling him to prorogue them. A law is passed putting off the stamp act till July next. The land tax will not be brought on. The Secretary of the Treasury says he has money enough. No doubt these two measures may be taken up more boldly at the next session, when most of the elections will be over. It is imagined the stamp act will be extended or attempted on every possible object. A bill has passed the Rep to suspend for 3. years the law arresting the currency of foreign coins. The Senate propose an amendment, continuing the currency of the foreign gold only. Very possibly the bill may be lost. The object of opposing the bill is to make the French crowns a subject of speculation (for it seems they fell on the President’s proclamation to a Dollar in most of the states), and to force bank paper (for want of other medium) through all the states generally. Tench Coxe is displaced no reason ever spoken of. It is therefore understood to be for his activity during the late election. It is said, that the people from hence quite to the Eastern extremity are beginning to be sensible that their government has been playing a foul game. In Vermont, Chipman was elected Senator by a majority of one, against the republican candidate. In Maryland, Lloyd by a majority of one, against Winder the republican candidate. Tichenor chosen Governor of Vermont by a very small majority. The house of Representatives of this state has become republican by a firm majority of 6. Two counties, it is said, have come over generally to the republican side. It is thought the republicans have also a majority in the N York H of representatives. Hard elections are expected there between Jay Livingston, here between Ross McKean. In the H of Representatives of Congress, the republican interest has at present, on strong questions, a majority of about half a dozen, as is conjectured, there are as many of their firmest men absent; not one of the anti-republicans is from his post. The bill for permitting private vessels to arm, was put off to the 1st Monday in February by a sudden vote, a majority of five. It was considered as an index of their dispositions on that subject, tho some voted both ways on other ground. It is most evident, that the anti-republicans wish to get rid of Blount’s impeachment. Many metaphysical niceties are handing about in conversation, to shew that it cannot be sustained. To show the contrary, it is evident must be the task of the republicans, or of nobody. Monroe’s book is considered as masterly by all those who are not opposed in principle, and it is deemed unanswerable. An answer, however, is commenced in Fenno’s paper of yesterday, under the signature of Scipio. The real author not yet conjectured. 1 As I take these papers merely to preserve them, I will forward them to you, as you can easily return them to me on my arrival at home; for I shall not see you on my way, as I mean to go by the Eastern Shore Petersburg. Perhaps the paragraphs in some of these abominable papers may draw from you now then a squib. A pamphlet of Fauchet’s appeared yesterday. I send you a copy under another cover. A handbill is just arrived here from N Y, where they learn from a vessel which left Havre about the 9th of Nov, that the emperor had signed the definitive articles, given up Mantua, evacuated Mentz, agreed to give passage to the French troops into Hanover, and that the Portuguese ambassador had been ordered to quit Paris, on account of the seizure of fort St. Julian’s by the English, supposed with the connivance of Portugal. Tho this is ordinary mercantile news, it looks like truth. The latest official intelligence from Paris is from Talleyrand Perigord to the French consul here, (Letombe,) dated Sep 28, saying that our Envoys were arrived, would find every disposition on the part of his government to accommodate with us.

Thomas Jefferson
Jefferson, Thomas
January 25, 1798
Philadelphia
James Madison
Madison, James

TO JAMES MADISON J. MSS.

Dear Sir,

I wrote you last on the 2d inst, on which day I received yours of Decr 25. I have not resumed my pen, because there has really been nothing worth writing about, but what you would see in the newspapers. There is, as yet, no certainty what will be the aspect of our affairs with France. Either the Envoys have not written to the government, or their communications are hushed up. This last is suspected, because so many arrivals have happened from Bordeaux Havre. The letters from American correspondents in France have been always to Boston; the experience we had last summer of their adroitness in counterfeiting this kind of intelligence, inspires doubts as to their late paragraphs. A letter is certainly received here by an individual from Talleyrand, which says our Envoys have been heard, that their pretensions are high, that possibly no arrangement may take place, but that there will be no declaration of war by France. It is said that Bournonville has written that he has hopes of an accommodation (3. audiences having then, Nov, been had), and to be himself a member of a new diplomatic mission to this country. On the whole, I am entirely suspended as to what is to be expected. The representatives have been several days in debate on the bill for foreign intercourse. A motion has been made to reduce it to what it was before the extension of 1796. The debate will probably have good effects, in several ways, on the public mind, but the advocates for the reformation expect to lose the question. They find themselves deceived in the expectation entertained in the beginning of the session, that they had a majority. They now think the majority is on the other side by 2. or 3., and there are moreover 2. or 3. of them absent. Blount’s affair is to come on next. In the mean time the Senate have before them a bill for regulating proceedings in impeachment. This will be made the occasion of offering a clause for the introduction of juries into these trials. (Compare the paragraph in the constitution which says, that the trial of all crimes, except in cases of impeachment, shall be by jury, with the VIIIth amendment, which says, that in all criminal prosecutions the trial shall be by jury.) There is no expectation of carrying this; because the division in the Senate is of 2. to 1., but it will draw forth the principles of the parties, and concur in accumulating proofs on which side all the sound principles are to be found.

Very acrimonious altercations are going on between the Spanish minister the Executive, and at the Natchez something worse than mere altercation. If hostilities have not begun there, it has not been for want of endeavors to bring them on by our agents. Marshall, of Kentucky, this day proposed in Senate some amendments to the constitution. They were barely read just as we were adjourning, not a word of explanation given. As far as I caught them in my ear, they went only to modifications of the elections of President V President, by authorizing voters to add the office for which they name each, giving to the Senate the decision of a disputed election of President, to the Representatives that of Vice President. But I am apprehensive I caught the thing imperfectly, probably incorrectly. Perhaps this occasion may be taken of proposing again the Virginia amendments, as also to condemn elections by the legislatures, themselves to transfer the power of trying impeachments from the Senate to some better constituted court, c., c.

Good tobo here is 13. doll., flour 8.50, wheat 1.50, but dull, because only the millers buy. The river, however, is nearly open, the merchants will now come to market give a spur to the price. But their competition will not be what it has been. Bankruptcies thicken, the height of them has by no means yet come on. It is thought this winter will be very trying.

Friendly salutations to mrs. Madison. Adieu affectionately.

January 28. I enclose Marshall’s propositions. They have been this day postponed to the 1st of June, chiefly by the vote of the anti-republicans, under the acknoleged fear that other amendments would be also proposed, and that this is not the time for agitating the public mind.

Thomas Jefferson
Jefferson, Thomas
Jan. 27. 98
Henry Tazewell
Tazewell, Henry

TO HENRY TAZEWELL J. MSS.

As you mentioned that some of your Commee admitted that the introduction of juries into trials by impeachment under the VIIIth amendment depended on the question Whether an impeachment for a misdemeanor be a criminal prosecution? I devoted yesterday evening to the extracting passages from Law authors showing that in Law-language the term crime is in common use applied to misdemeanors, that impeachments, even when for misdemeanors only are criminal prosecutions: These proofs were so numerous that my patience could go no further than two authors, Blackstone Wooddeson. They shew that you may meet that question without the danger of being contradicted. The constitution closes the proofs by explaining its own meaning when speaking of impeachments, crimes, misdemeanors.

The object in supporting this engraftment into impeachments is to lessen the dangers of the court of impeachment under its present form to induce dispositions in all parties in favor of a better constituted court of impeachment, which I own I consider as an useful thing, if so composed as to be clear of the spirit of faction. Do not let the enclosed paper be seen in my handwriting.

Thomas Jefferson
Jefferson, Thomas
Feb. 8, 98
Philadelphia
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

I wrote you last on the 25th Ult; since which yours of the 21st has been received. Bache had put 500. copies of Monroe’s book on board a vessel, which was stopped by the early unexpected freezing of the river. He then tried in vain to get them carried by fifties at a time, by the stage. The river is now open here, the vessels have fallen down, and if they can get through the ice below, the one with Bache’s packet will soon be at Richmond. It is surmised here that Scipio is written by C. Lee. Articles of impeachment were yesterday given in against Blount. But many knotty preliminary questions will arise. Must not a formal law settle the oath of the Senators, forms of pleadings, process against person goods, c.? May he not appear by attorney? Must he not be tried by jury? Is a Senator impeachable? Is an ex-Senator impeachable? You will readily conceive that these questions, to be settled by 29. lawyers, are not likely to come to speedy issue. A very disagreeable question of privilege has suspended all other proceedings for several days. You will see this in the newspapers. The question of arming was to have come on, on Monday last; that morning, the President sent in an inflammatory message about a vessel taken burnt by a French privateer, near Charleston. Of this he had been possessed some time, and it had run through all the newspapers. It seemed to come in very apropos for spurring on the disposition to arm. However, the question is not come on. In the meantime, the general spirit, even of the merchants, is becoming adverse to it. New Hampshire Rhode island are unanimously against arming; so is Baltimore. This place becoming more so. Boston divided desponding. I know nothing of New York; but I think there is no danger of the question being carried, unless something favorable to it is received from our Envoys. From them we hear nothing. Yet it seems reasonably believed that the Executive has heard, that it is something which would not promote their views of arming. For every action of theirs shews they are panting to come to blows. Walker’s bill will be applied to answer a draught of Colo. Monroe’s on Barnes. I have not heard yet from Bailey. I wrote to you about procuring a rider for the Fredsbg post. The proposition should be here by the 14th inst., but I can get it kept open a little longer. There is no bidder yet but Green, the printer. £100 Virga. will be given. Giles has arrived.

Thomas Jefferson
Jefferson, Thomas
Feby 8, 1798
James Monroe
Monroe, James

TO JAMES MONROE MON. MSS.

I received yesterday by mr. Giles yours of Jan. 27, and am well pleased with the indications of republicanism in our assembly. Their law respecting the printer is a good one. I only wish they would give the printing of the laws to one journals to another. This would secure two, as each portion of the business would be object enough to the printer, and two places in their gift would keep within bounds the other printers also who would be in expectancy of catching something in case of either vacancy. Bache was prevented sending 500 copies of your book to Richmond by the freezing of this river after they were aboard the vessel. He tried in vain to get boxes of fifties carried on by the stages. However, the river is now open here, the vessels have fallen down, and if they find it open below, that with Bache’s packets will soon be in Richmond. It has been said here that C. Lee was the author of Scipio, but I know of no authority for it. I had expected Hamilton would have taken the field, and that in that case you might have come forward yourself very shortly merely to strengthen and present in a compact view those points which you expected yourself they would lay hold of, particularly the disposition expressed to acquiesce under their spoiliatory decree. Scipio’s attack is so weak as to make no impression. I understand that the opposite party admit that there is nothing in your conduct which can be blamed, except the divulging secrets: this I think might be answered by a few sentences, discussing the question whether an Ambassador is the representative of his country or of the President. Barnes has accepted your bill. As to the question of your practising the law in Richmond, I have been too long out of the way in Virginia to give an opinion on it worth attention. I have understood the business is very profitable, much more so than in my time: and an opening of great importance must be made by the retirement of Marshall Washington, which will be filled by somebody. I do expect that your farm will not sufficiently employ your time to shield you from ennui. Your mind is active, would suffer if unemployed. Perhaps it’s energies could not be more justifiably employed than for your own comfort. I should doubt very much however, whether you should combine with this the idea of living in Richmond, at least till you see farther before you. I have always seen that tho’ a residence at the seat of government gave some advantages yet it increased expences also so seriously as to overbalance the advantages. I have always seen too that a good stand in the country intercepted more business than was shared by the residents of the city. Yours is a good stand. You need only visit Staunton Cts. some times to put yourself in the way of seeing clients.—The articles of impeachment against Blount were yesterday received by the Senate. Some great questions will immediately arise. 1. Can they prescribe their own oath, the forms of pleadings, issue process against person or goods by their own orders, without the formality of a law authorizing it? Has not the 8th amendment of the constitution rendered trial by jury necessary? Is a Senator impeachable? These and other questions promise no very short issue. The Representatives have a dirty business now before them on a question of privilege. This you will see in the public papers.—The question of arming our vessels was to have come on on Monday last. Accordingly the President that morning sent in an inflammatory message about a vessel taken near Charleston burned by a French privateer, of which fact he had been sometime possessed, it had been in all the newspapers. It seemed thrown in on that day precisely to give a spur to the question. However it did not come on. In the mean time the spirit of the merchants is going fast over to the safe side of the question. In New Hampshire and Rhode Island they are unanimous; in Baltimore also. In this place becoming more so. In Boston divided desponding. Of New York I have no information. But I think the Proposition will not be carried, unless something befriending it should come from our envoys. Nothing transpires yet of their mission. Yet it cannot be well doubted but that the Executive must have received information. Perhaps it is of a nature to damp the spirit for arming.—Pray tell Colo. Bell (to whom I wrote about getting a rider for the Fredsbg. post) that the 14th. inst. is the day by which the proposition should come in. I can get it kept open a little longer. £100. our money will be given. My friendly salutations to mrs. Monroe. Adieu affectionately.

Thomas Jefferson
Jefferson, Thomas
Feb. 11. 98
Philadelphia
Hugh Williamson
Williamson, Hugh

TO HUGH WILLIAMSON J. MSS.

Dear Sir,

I have to acknolege the receipt of your favor of the 2d. inst. I will with great pleasure sound opinions on the subject you mention see whether it can be brought forward with any degree of strength. I doubt it however for this reason. You may recollect that a report which I gave into Congress in 93. mr. Madison’s propositions of Jan. 94. went directly to establish a navigation act on the British principle. On the last vote given on this (which was in Feb. 94.) from the three states of Massachusetts, Connecticut Rhode island there were 2. votes for it 20. against it; from the 3. states of Virginia, Kentuckey, N. Carolina, wherein not a single top mast vessel is, I believe owned by a native citizen, there were 25. votes for 4. against the measure. I very much suspect that were the same proposition now brought forward, the northern vote would be nearly the same, while the southern one I am afraid, would be radically varied. The suggestion of their disinterested endeavors for placing our navigation on an independent footing forcing on them the British treaty have not had a tendency to invite new offers of sacrifice especially under the prospect of a new rejection. You observe that the rejection would change the politics of New England. But it would afford no evidence which they have not already in the records of Jan. Feb. 94. However as I before mentioned I will with pleasure, sound the dispositions on that subject. If the proposition should be likely to obtain a reputable vote it may do good. As to myself I sincerely wish that the whole Union may accommodate their interests to each other, play into their hands mutually as members of the same family, that the wealth strength of any one part should be viewed as the wealth strength of the whole. The countervailing act of G. Britain lately laid before us by the President, offers a just occasion of looking to our navigation. For the merchants here say that the effect of it will be that they themselves shall never think of employing an American vessel to carry produce to Gr. Britain after a peace. Not having as yet any conversation on this subject I cannot say whether it has excited sensibility either in the north or south. It shall be tried however. Accept assurances of the sincere esteem of Dear Sir your friend servant.

Thomas Jefferson
Jefferson, Thomas
Feb 15. 98
Philadelphia
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

I wrote you last on the 8th. We have still not a word from our Envoys. This long silence (if they have been silent) proves things are not going on very roughly. If they have not been silent, it proves their information, if made public, would check the disposition to arm. I am flattered myself, from the progress of the public sentiment against arming, that the same progress had taken place in the legislature. But I am assured by those who have better opportunities of forming a good judgment, that if the question against arming is carried at all, it will not be by more than a majority of two; particularly, that there will not be more than 4. votes against it from the 5. eastern states, or 5. votes at the utmost. You will have perceived that Dayton is gone over compleatly. He expects to be appointed Secretary of war, in the room of M’Henry, who, it is said, will retire. He has been told, as report goes, that they would not have confidence enough in him to appoint him. The desire of inspiring them with more, seems the only way to account for the eclat which he chuses to give to his conversion. You will have seen the disgusting proceedings in the case of Lyon: if they would have accepted even of a commitment to the serjeant, it might have been had. But to get rid of his vote was the most material object. These proceedings must degrade the General Government, and lead the people to lean more on their state governments, which have been sunk under the early popularity of the former. This day, the question of the jury in cases of impeachment comes on. There is no doubt how it will go. The general division in the Senate is 22. and 10.; and under the probable prospect of what it will forever be, I see nothing in the mode of proceeding by impeachment but the most formidable weapon for the purposes of a dominant faction that ever was contrived. It would be the most effectual one for getting rid of any man whom they consider as dangerous to their views, and I do not know that we could count on one-third on an emergency. It depends then on the H. of Representatives, who are the impeachers; there the majorities are of 1., 2., or 3 only; these sometimes one way sometimes another: in a question of pure party they have the majority, and we do not know what circumstances may turn up to increase that majority temporarily, if not permanently. I know of no solid purpose of punishment which the courts of law are not equal to, and history shows, that in England, impeachment has been an engine more of passion than justice. A great ball is to be given here on the 22d, and in other great towns of the Union. This is, at least, very indelicate, probably excites uneasy sensations in some. I see in it, however, this useful deduction, that the birth days which have been kept, have been, not those of the President, but of the General. I enclose with the newspapers, the two acts of parliament passed on the subject of our commerce, which are interesting. The merchants here say, that the effect of the countervailing tonnage on American vessels, will throw them completely out of employ as soon as there is peace. The eastern members say nothing but among themselves. But it is said that it is working like gravel in their stomachs. Our only comfort is, that they have brought it on themselves. My respectful salutation to mrs. Madison; to yourself, friendship and adieu.

Thomas Jefferson
Jefferson, Thomas
Feb 21, 98
Philadelphia
Horatio Gates
Gates, Horatio

TO HORATIO GATES J. MSS.

Dear General,

I received duly your welcome favor of the 15th, and had an opportunity of immediately delivering the one it enclosed to General Kosciusko. I see him often, and with great pleasure mixed with commiseration. He is as pure a son of liberty as I have ever known, and of that liberty which is to go to all, and not to the few or the rich alone. We are here under great anxiety to hear from our Envoys. But I think this is one of the cases where no news is good news. If the dispositions at Paris threatened war, it is impossible that our envoys should not find some means of putting us on our guard, of warning us to begin our preparations: especially too when so many vessels have come from ports of France. And if writing were dangerous (which cannot be) there are so many of our countrymen at Paris who would bring us their viva voce communications. Peace then must be probable. I agree with you, that some of our merchants have been milking the cow: yet the great mass of them have become deranged; they are daily falling down by bankruptcies, and on the whole, the condition of our commerce far less firm really prosperous, than it would have been by the regular operations and steady advances which a state of peace would have occasioned. Were a war to take place, and throw our agriculture into equal convulsions with our commerce, our business would be done at both ends. But this I hope will not be. The good news from the Natchez has cut off the fear of a breach in that quarter, where a crisis was brought on which has astonished every one. How this mighty duel is to end between Gr Britain and France, is a momentous question. The sea which divides them makes it a game of chance; but it is narrow, and all the chances are not on one side. Should they make peace, still our fate is problematical.

The countervailing acts of Gr Brit, now laid before Congress, threaten, in the opinion of merchants, the entire loss of our navigation to England. It makes a difference, from the present state of things, of 500. guineas on a vessel of 350 tons. If, as the newspapers have told us, France has renewed her Arret of 1789, laying a duty of 7. livres a hundred on all tobo brought in foreign bottoms (even our own), and should extend it to rice other commodities, we are done, as navigators, to that country also. In fact, I apprehend that those two great nations will think it their interest not to permit us to be navigators. France had thought otherwise, and had shown an equal desire to encourage our navigation as her own, while she hoped it’s weight would at least not be thrown into the scale of her enemies. She sees now that that is not to be relied on, and will probably use her own means, and those of the nations under her influence, to exclude us from the ocean. How far it may lessen our happiness to be rendered merely agricultural, how far that state is more friendly to principles of virtue liberty, are questions yet to be solved. Kosciusko has been disappointed by the sudden peace between France Austria. A ray of hope seemed to gleam on his mind for a moment, that the extension of the revolutionary spirit through Italy and Germany, might so have occupied the remnants of monarchy there, as that his country might have risen again. I sincerely rejoice to find that you preserve your health so well. That you may so go on to the end of the chapter, that it may be a long one I sincerely pray. Make my friendly salutations acceptable to mrs. Gates, accept yourself assurances of the great constant esteem respect of, dear Sir, your friend and servant.

Thomas Jefferson
Jefferson, Thomas
February 22, 98
Philadelphia
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

Yours of the 12th is received. I wrote you last on the 15th, but the letter getting misplaced, will only go by this post. We still hear nothing from our envoys. Whether the Executive hear, we know not. But if war were to be apprehended, it is impossible our envoys should not find means of putting us on our guard, or that the Executive should hold back their information. No news, therefore, is good news. The countervailing act, which I sent you by the last post, will, confessedly, put American bottoms out of employ in our trade with Gr Britain. So say well-informed merchants. Indeed, it seems probable, when we consider that hitherto, with the advantage of our foreign tonnage, our vessels could only share with the British, and the countervailing duties will, it is said, make a difference of 500. guineas to our prejudice on a ship of 350. tons. Still the Eastern men say nothing. Every appearance consideration render it probable, that on the restoration of peace, both France Britain will consider it their interest to exclude us from the ocean, by such peaceable means as are in their power. Should this take place, perhaps it may be thought just politic to give to our native capitalists the monopoly of our internal commerce. This may at once relieve us from the danger of wars abroad and British thraldom at home. The news from the Natchez, of the delivery of the posts, which you will see in the papers, is to be relied on. We have escaped a dangerous crisis there. The great contest between Israel Morgan, of which you will see the papers full, is to be decided this day. It is snowing fast at this time, and the most sloppy walking I ever saw. This will be to the disadvantage of the party which has the most invalids. Whether the event will be known this evening, I am uncertain. I rather presume not, therefore, that you will not learn it till next post.

You will see in the papers, the ground on which the introduction of the jury into the trial by impeachment was advocated by mr. Tazewell, the fate of the question. Reade’s motion, which I enclosed you, will probably be amended established, so as to declare a Senator unimpeachable, absolutely; and yesterday an opinion was declared, that not only officers of the State governments, but every private citizen of the U S, is impeachable. Whether they will think this the time to make the declaration, I know not; but if they bring it on, I think there will be not more than two votes north of the Patowmac against the universality of the impeaching power. The system of the Senate may be inferred from their transactions heretofore, and from the following declaration made to me personally by their oracle. 1 No republic can ever be of any duration, without a Senate, a Senate deeply and strongly rooted, strong enough to bear up against all popular storms passions. The only fault in the constitution of our Senate is, that their term of office is not durable enough. Hitherto they have done well, but probably they will be forced to give way in time. I suppose their having done well hitherto, alluded to the stand they made on the British treaty. This declaration may be considered as their text; that they consider themselves as the bulwarks of the government, and will be rendering that the more secure, in proportion as they can assume greater powers. The foreign intercourse bill is set for to-day; but the parties are so equal on that in the H Repr that they seem mutually to fear the encounter. * * *

Thomas Jefferson
Jefferson, Thomas
Feb 23, 1798
Philadelphia
Peregrine Fitzhugh
Fitzhugh, Peregrine

TO PEREGRINE FITZHUGH J. MSS.

Dear Sir,

I have yet to acknolege your last favor which I received at Monticello, and therefore cannot now recur to the date. The perversion of the expressions of a former letter to you which you mention to have been made in the newspapers, I had not till then heard of. Yet the spirit of it was not new. I have been for some time used as the property of the newspapers, a fair mark for every man’s dirt. Some, too, have indulged themselves in this exercise who would not have done it, had they known me otherwise than thro these impure and injurious channels. It is hard treatment, and for a singular kind of offence, that of having obtained by the labors of a life the indulgent opinions of a part of one’s fellow citizens. However, these moral evils must be submitted to, like the physical scourges of tempest, fire, c. We are waiting with great anxiety to hear from our envoys at Paris. But the very circumstance of silence speaks, I think, plain enough. If there were danger of war we should certainly hear from them. It is impossible, if that were the aspect of their negociations, that they should not find or make occasion of putting us on our guard, of warning us to prepare. I consider therefore their silence as a proof of peace. Indeed I had before imagined that when France had thrown down the gauntlet to England, and was pointing all her energies to that object, her regard for the subsistence of her islands would keep her from cutting off our resources from them. I hope, therefore, we shall rub through the war, without engaging in it ourselves, and that when in a state of peace our legislature executive will endeavor to provide peaceable means of obliging foreign nations to be just to us, and of making their injustice recoil on themselves. The advantages of our commerce to them may be made the engine for this purpose, provided we shall be willing to submit to occasional sacrifices, which will be nothing in comparison with the calamities of war. Congress has nothing of any importance before them, except the bill on foreign intercourse, the proposition to arm our merchant vessels. These will be soon decided, and if we then get peaceable news from our envoys, I know of nothing which ought to prevent our immediate separation. It had been expected that we must have laid a land tax this session. However, it is thought we can get along another year without it. Some very disagreeable differences have taken place in Congress. They cannot fail to lessen the respect of the public for the general government, and to replace their State governments in a greater degree of comparative respectability. I do not think it for the interest of the general government itself, still less of the Union at large, that the State governments should be so little respected as they have been. However, I dare say that in time all these as well as their central government, like the planets revolving round their common sun, acting acted upon according to their respective weights distances, will produce that beautiful equilibrium on which our Constitution is founded, and which I believe it will exhibit to the world in a degree of perfection, unexampled but in the planetary system itself. The enlightened statesman, therefore, will endeavor to preserve the weight and influence of every part, as too much given to any member of it would destroy the general equilibrium. The ensuing month will probably be the most eventful ever yet seen in Modern Europe. It may probably be the season preferred for the projected invasion of England. It is indeed a game of chances. The sea which divides the combatants gives to fortune as well as to valor it’s share of influence on the enterprise. But all the chances are not on one side. The subjugation of England would indeed be a general calamity. But happily it is impossible. Should it end in her being only republicanized, I know not on what principle a true republican of our country could lament it, whether he considers it as extending the blessings of a purer government to other portions of mankind, or strengthening the cause of liberty in our own country by the influence of that example. I do not indeed wish to see any nation have a form of government forced on them; but if it is to be done, I should rejoice at it’s being a freer one. Permit me to place here the tribute of my regrets for the affecting loss lately sustained within your walls, and to add that of the esteem respect with which I am, dear Sir, your friend and servant.

Thomas Jefferson
Jefferson, Thomas
P, March 2, 98
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

I wrote you last on the 22; since which I have received yours without date, but probably of about the 18th or 19th. An arrival to the Eastward brings us some news, which you see detailed in the papers. The new partition of Europe is sketched, but how far authentic we know not. It has some probability in it’s favor. The French appear busy in their preparations for the invasion of England; nor is there any appearance of movements on the part of Russia Prussia which might divert them from it.

The late birth-night has certainly sown tares among the exclusive federals, It has winnowed the grain from the chaff. The sincerely Adamites did not go. The Washingtonians went religiously, took the secession of the others in high dudgeon. The one sect threaten to desert the levees, the other the evening parties. The whigs went in number, to encourage the idea that the birth-nights hitherto kept had been for the General not the President, and of course that time would bring an end to them. Goodhue, Tracy, Sedgwick, c., did not attend; but the three Secretaries Attorney General did.

We were surprised, the last week, with a symptom of a disposition to repeal the stamp act. Petitions for that purpose had come from Rhode island Virginia, had been committed to rest with the Ways Means. Mr. Harper, their chairman, in order to enter on the law for amending it, observed it would be necessary first to put the petitions for repeal out of the way, and moved an immediate decision on them. The Rhode islanders begged prayed for a postponement; that not expecting that that question was to be called up, they were not at all prepared; but Harper would shew no mercy; not a moment’s delay should be allowed. It was taken up, and, on a question without debate, determined in favor of the petitions by a majority of 10. Astonished confounded, when an order to bring in a bill for repeal was moved, they began in turn to beg for time; 3. weeks, one week, 3. days, 1. day; not a moment would be yielded. They made three attempts for adjournment. But the majorities appeared to grow. It was decided, by a majority of 16., that the bill should be brought in. It was brought in the next day, on the day after passed, sent up to the Senate, who instantly sent it back rejected by a silent vote of 15. to 12. R I N Hampshire voted for the repeal in Senate. The act will therefore go into operation July 1, but probably without amendments. However, I am persuaded it will be short-lived. It has already excited great commotion in Vermont, and grumblings in Connecticut. But they are so priest-ridden, that nothing is expected from them, but the most bigoted passive obedience.

No news yet from our commissioners; but their silence is admitted to augur peace. There is no talk yet of the time of adjourning, tho’ admitted we have nothing to do, but what could be done in a fortnight or three weeks. When the spring opens, and we hear from our commissioners, we shall probably draw pretty rapidly to conclusion. A friend of mine here wishes to get a copy of Mazzei’s Recherches historiques et politiques. Where are they? Salutations adieu.

Wheat 1.50. flour 8.50 tobo 13.50.

Thomas Jefferson
Jefferson, Thomas
Mar. 8. 98
Philadelphia
James Monroe
Monroe, James

TO JAMES MONROE MON. MSS.

Dear Sir,

I have to acknolege the receipt of yours of Feb. 12. 19. 25. At length the charm is broke, and letters have been received from our envoys at Paris. One only of them has been communicated, of which I enclose you a copy with the documents accompanying it. The decree therein proposed to be passed has struck the greatest alarm through the merchants I have ever yet witnessed. As it has not been known more than two or three days, it’s particular operations are not yet developed. It will probably drive our vessels out of the British trade, because as they will not have the benefit of convoy they cannot bring a return cargo from Great Britain, but on much higher insurance than the British vessels who will have convoy: nor can they carry out produce but on much higher freight because they will be to return empty, in which case the British will underwork them. It seems then as if one effect would be to increase the British navigation. Unless indeed our vessels instead of laying themselves up in port, should go to other markets with their produce for return cargoes. However it is not probable this state of things will last long enough to have any great effect. The month of April I think will see the experiment of the invasion, and that will be a short one. You will see in Bache’s paper of this morning the 5th. number of some pieces written by T. Coxe, in which this proposed decree is well viewed. How it will operate on our question about arming, we do not yet know. Some talk of letters of marque reprisal, yet on the whole I rather believe it will not add to the number of voters for arming. This measure with the decrees of the British courts that British subjects adopted here since the peace and carrying on commerce from hence, are still British subjects, their cargoes British property, has shaken these quasi-citizens in their condition. The French adopt the same principle as to their cargoes when captured. A privateer lately took near our coast an E. Indiaman worth 250.000 D. belonging to one of these lately emigrated houses. Is it worth our while to go to war to support the contrary doctrine? The British principle is clearly against the law of nations, but which way our interest lies is also worthy consideration. The influence of this description of merchants on our government on the public opinion is not merely innocent, it’s absence would not weaken our union—the issue of the question on foreign intercourse has enabled us to count the strength of the two parties in the H. of representatives. It is 51. 55 if all the members were present. The whigs being a minority of 4. but in this computation all wavering characters are given to the other side. Jersey has laid itself off into districts, which instead of an uniform delegation, will give one chequered as the state is. They will at their next election send whigs from two districts. Pennsylvania, at her next election (in October) will add two more to the whig list. Let us hope that Morgan Macher will give place to whig successors. I do not know that this can be hoped for from our Eastern shore. This much I think tolerably certain, besides the natural progress of public sentiment in other quarters, the effect of the events of the time. We do not think then that the partizans of Republican government should despair.—They do not yet talk of the time of adjournment though confessedly they have nothing to do. Yet I trust it will be early in the ensueing month.—How far it may be eligible for you to engage in the practice of the law I know not. On the question of your removal to Richmond, I may doubtless be under bias, when I suppose it’s expediency questionable. The expence to be incurred in the first moments will certainly be great. Could it be only deferred for a while it would enable you to judge whether the prospect opened will be worth that dislocation of your affairs, or whether some other career may not open on you. Of these things nobody but yourself can judge. It is a question too for yourself whether a seat among the judges of the state would be an object for you. On all these points your friends can only offer motives for consideration: on which none but yourself can decide avec connoissance de cause. I really believe that some employment, more than your farms will furnish, will be necessary to your happiness. You are young, your mind active, and your health vigorous. The languor of ennui would, in such a condition of things, be intolerable. Make my most respectful salutations to mrs. Monroe, accept friendly adieux to yourself.

Thomas Jefferson
Jefferson, Thomas
Mar 15, 98
Philadelphia
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

I wrote you last on the 2d instt. Your’s of the 4th is now at hand. The public papers will give you the news of Europe. The French decree making the vessel friendly or enemy, according to the hands by which the cargo was manufactured, has produced a great sensation among the merchants here. Its operation is not yet perhaps well understood; but probably it will put our shipping out of competition, because British bottoms, which can come under convoy, will alone be trusted with return cargoes. Our’s, losing this benefit, would need a higher freight out, in which, therefore, they will be underbid by the British. They must then retire from the competition. Some no doubt will try other channels of commerce, and return cargoes from other countries. This effect would be salutary. A very well-informed merchant, too, (a Scotsman, entirely in the English trade,) told me, he thought it would have another good effect, by checking withdrawing our overextensive commerce navign (the fruit of our neutral position) within those bounds to which peace must necessarily bring them. That this being done by degrees, will probably prevent those numerous failures produced generally by a peace coming on suddenly. Notwithstanding this decree, the sentiments of the merchants become more more cooled settled down against arming. Yet it is believed the Representatives do not cool; and tho’ we think the question against arming will be carried, yet probably by a majority of only 4. or 5. Their plan is, to have convoys furnished for our vessels going to Europe, smaller vessels for the coasting defence. On this condition, they will agree to fortify Southern harbors, and build some galleys. It has been concluded among them, that if war takes place, Wolcott is to be retained in office, that the Pt must give up M’Henry, as to Pickering they are divided, the Eastern men being determined to retain him, their middle Southern brethren wishing to get rid of him. They have talked of Genl. Pinckney as successor to M’Henry. This information is certain. However, I hope that we shall avoid war, save them the trouble of a change of ministry. The P has nominated J Q Adams Commissioner Plenipoty to renew the treaty with Sweden. Tazewell made a great stand against it, on the general ground that we should let our treaties drop, remain without any. He could only get 8. votes against 20. A trial will be made to-day in another form, which he thinks will give 10. or 11. against 16. or 17. declaring the renewal inexpedient. In this case, notwithstanding the nomination has been confirmed, it is supposed the P would perhaps not act under it, on the probability that more than a third would be against the ratification. I believe, however, that he would act, that a third could not be got to oppose the ratification. It is acknoleged we have nothing to do but to decide the question about arming. Yet not a word is said about adjourning; and some even talk of continuing the session permanently; others talk of July August. An effort, however, will soon be made for an early adjournment.

My friendly salutations to mrs. Madison; to yourself affectionate adieux.

Thomas Jefferson
Jefferson, Thomas
Mar 21, 98
Philadelphia
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

I wrote you last on the 15th; since that, yours of the 12th is received. Since that, too, a great change has taken place in the appearance of our political atmosphere. The merchants, as before, continue, a respectable part of them, to wish to avoid arming. The French decree operated on them as a sedative, producing more alarm than resentment; on the Representatives, differently. It excited indignation highly in the war party, tho’ I do not know that it had added any new friends to that side of the question. We still hoped a majority of about 4.; but the insane message which you will see in the public papers has had great effect. Exultation on the one side, a certainty of victory; while the other is petrified with astonishment. Our Evans, tho’ his soul is wrapt up in the sentiments of this message, yet afraid to give a vote openly for it, is going off to-morrow, as is said. Those who count, say there are still 2. members of the other side who will come over to that of peace. If so, the numbers will be for war measures, 52., against them 53.; if all are present except Evans. The question is, what is to be attempted, supposing we have a majority? I suggest two things: 1. As the President declares he has withdrawn the Executive prohibition to arm, that Congress should pass a Legislative one. If that should fail in the Senate, it would heap coals of fire on their head. 2. As to do nothing to gain time is everything with us, I propose that they shall come to a resolution of adjournment, “in order to go home consult their constituents on the great crisis of American affairs now existing.” Besides gaining time enough by this, to allow the descent on England to have it’s effect here as well as there, it will be a means of exciting the whole body of the people from the state of inattention in which they are; it will require every member to call for the sense of his district by petition or instruction; it will shew the people with which side of the House their safety as well as their rights rest, by shewing them which is for war which for peace; their representatives will return here invigorated by the avowed support of the American people. I do not know, however, whether this will be approved, as there has been little consultation on the subject. We see a new instance of the inefficiency of Constitutional guards. We had relied with great security on that provision, which requires two-thirds of the Legislature to declare war. But this is completely eluded by a majority’s taking such measures as will be sure to produce war. I wrote you in my last, that an attempt was to be made on that day in Senate, to declare an inexpediency to renew our treaties. But the measure is put off under a hope of it’s being attempted under better auspices. To return to the subject of war, it is quite impossible, when we consider all it’s existing circumstances, to find any reason in it’s favor resulting from views either of interest or honor, plausible enough to impose even on the weakest mind; and especially, when it would be undertaken by a majority of one or two only. Whatever then be our stock of charity or liberality, we must resort to other views. And those so well known to have been entertained at Annapolis, afterwards at the grand convention, by a particular set of men, present themselves as those alone which can account for so extraordinary a degree of impetuosity. Perhaps, instead of what was then in contemplation, a separation of the union, which has been so much the topic to the Eastward of late, may be the thing aimed at. I have written so far, two days before the departure of the post. Should anything more occur to-day or to-morrow, it shall be added.

22 d . At night. Nothing more.

Thomas Jefferson
Jefferson, Thomas
Mar. 21. 98
Philadelphia
James Monroe
Monroe, James

TO JAMES MONROE MON. MSS.

The public papers will present to you the almost insane message sent to both houses of Congress 2. or 3. days ago. This has added to the alarm of the sounder and most respectable part of our merchants. I mean those who are natives, are solid in their circumstances do not need the lottery of war to get themselves to rights. The effect of the French decree on the representatives had been to render the war party inveterate more firm in their purpose without adding to their numbers. In that state of things we had hoped to avert war measures by a majority of 4. At this time, those who court talk of it’s being reduced to a majority of 1. or 2. if a Majority be with us at all. This is produced by the weight of the Executive opinion. The first thing proposed by the whigs will be a call for papers. For if Congress are to act on the question of war, they have a right to information. The 2d. to pass a Legislative prohibition to arm vessels instead of the Executive one which the President informs them he has withdrawn. These questions will try the whig strength, on the ground of war. The 3d. to adjourn to consult our constituents on the great crisis of American affairs now existing. This measure appears to me under a very favorable aspect. It gives time for the French operations on England to have their effect here as well as there. It awakens the people from the slumber over public proceedings in which they are involved. It obliges every member to consult his district on the simple question of war or peace: it shews the people on which side of the house are the friends of their peace as well as their rights, brings back those friends to the next session supported by the whole American people. I do not know however whether this last measure will be proposed. The late maneuvres have added another proof to the inefficiency of constitutional barriers. We had reposed great confidence in that provision of the Constitution which requires ⅔ of the Legislature to declare war. Yet it can be entirely eluded by a majority’s taking such measures as will bring on war.—My last to you was of the 8th inst. The last recd from you was of Feb. 25.

Thomas Jefferson
Jefferson, Thomas
Mar. 25. 98
Philadelphia
Dr. Samuel Brown
Brown, Dr. Samuel

TO DR. SAMUEL BROWN J. MSS.

Dear Sir,

You were a witness, before you left our side of the continent, to the endeavours of the tory part among us, to write me down as far as they could find or make materials. “O! that mine enemy would write a book!” has been a well known prayer against an enemy. I had written a book, it has furnished matter for abuse for want of something better. Mr. Martin’s polite attack on the subject of Cresap Logan, as stated in the Notes on Virginia, had begun before you left us, it has continued still continues; though after the perusal of the first letter had shown me what was to be the style of those subsequent, I have avoided reading a single one. A friend of mine having wished for a general explanation of the foundation of the case of Logan, I wrote him a letter of which I had a few copies printed, to give to particular friends for their satisfaction, on whom I could rely against the danger of its being published. I enclose you a copy as well for these purposes, as that I think it may be in your power to obtain some information for me. Indeed I suppose it probable that General Clarke may know something of the facts relative to Logan or Cresap. I shall be much obliged to you for any information you can procure on this subject. You will see by the enclosed in what way I mean to make use of it. I am told you are preparing to give us an account of the General, which for its matter I know, for its manner I doubt not, will be highly interesting. I am in hopes in connecting with it some account of Kentuckey that your information his together will be able to correct supply what I had collected relative to it in a very early day. Indeed it was to Genl. Clarke I was indebted for what degree of accuracy there was in most of my statements. I wish you to attend particularly to the overflowage of the Mississippi, on which I have been accused of error. Present me affectionately to the General assure him of my constant remembrance esteem: accept yourself salutations sentiments of sincere attachment from, Dear Sir, your friend servant.

Thomas Jefferson
Jefferson, Thomas
Mar 29, 98
Philadelphia
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

I wrote you last on the 21st. Your’s of the 12th, therein acknoleged, is the last recd. The measure I suggested in mine, of adjourning for consultation with their constituents, was not brought forward; but on Tuesday 3. resolutions were moved, which you will see in the public papers. They were offered in committee, to prevent their being suppressed by the previous question, in the commee on the state of the Union, to put it out of their power, by the rising of the commee not sitting again, to get rid of them. They were taken by surprise, not expecting to be called to vote on such a proposition as “that it is inexpedient to resort to war against the French republic.” After spending the first day in seeking on every side some hole to get out at, like an animal first put into a cage, they gave up that resource. Yesterday they came forward boldly, and openly combated the proposition. Mr. Harper Mr. Pinckney pronounced bitter philippics against France, selecting such circumstances aggravations as to give the worst picture they could present. The latter, on this, as in the affair of Lyon Griswold, went far beyond that moderation he has on other occasions recommended. We know not how it will go. Some think the resolution will be lost, some, that it will be carried; but neither way, by a majority of more than 1. or 2. The decision of the Executive, of two-thirds of the Senate, half the house of representatives, is too much for the other half of that house. We therefore fear it will be borne down, and are under the most gloomy apprehensions. In fact, the question of war peace depends now on a toss of cross pile. If we could but gain this season, we should be saved. The affairs of Europe would of themselves relieve us. Besides this, there can be no doubt that a revolution of opinion in Massachusetts Connecticut is working. Two whig presses have been set up in each of those States. There has been for some days a rumor, that a treaty of alliance, offensive defensive with G Britain, is arrived. Some circumstances have occasioned it to be listened to; to wit, the arrival of mr. King’s Secretary, which is affirmed, the departure of mr. Liston’s secretary, which I know is to take place on Wednesday next, the high tone of the executive measures at the last present session, calculated to raise things to the unison of such a compact, and supported so desperately in both houses in opposition to the pacific wishes of the people, at the risque of their approbation at the ensuing election. Langdon yesterday, in debate, mentioned this current report. Tracy, in reply, declared he knew of no such thing, did not believe it, nor would be it’s advocate. The Senate are proceeding on the plan communicated in mine of Mar. 15. They are now passing a bill to purchase 12. vessels of from 14. to 22. guns, which with our frigates are to be employed as convoys guarda costas. They are estimated, when manned fitted for sea, at 2. millions. They have past a bill for buying one or more founderies. They are about bringing in a bill for regulating private arming, and the defensive works in our harbors have been proceeded on some time since.

An attempt has been made to get the Quakers to come forward with a petition, to aid with the weight of their body the feeble band of peace. They have, with some effort, got a petition signed by a few of their society; the main body of their society refuse it. Mc’Lay’s peace motion in the assembly of Pennsylvania was rejected with an unanimity of the Quaker vote, and it seems to be well understood, that their attachment to England is stronger than to their principles or their country. The revolution war was a first proof of this. Mr. White, from the federal city, is here, soliciting money for the buildings at Washington. A bill for 200.000 D has passed the H R, is before the Senate, where it’s fate is entirely uncertain. He is become perfectly satisfied that mr. A is radically against the government’s being there. Goodhue (his oracle) openly said in commee, in presence of White, that he knew the government was obliged to go there, but they would not be obliged to stay there. Mr. A said to White, that it would be better that the President should rent a common house there, to live in; that no President would live in the one now building. This harmonizes with Goodhue’s idea of a short residence. I write this in the morning, but need not part with it till night. If anything occurs in the day it shall be added.

P. M. Nothing material has occurred. Adieu.

Thomas Jefferson
Jefferson, Thomas
Apr 2, 98
Philadelphia
Edmund Pendleton
Pendleton, Edmund

TO EDMUND PENDLETON J. MSS.

Dear Sir,

I have to acknolege the receipt of your favor of Jany 29. and as the rising of Congress seems now to be contemplated for about the last of this month, and it is necessary that I settle mr. Short’s matter with the Treasury before my departure, I take the liberty of saying a word on that subject. The sum you are to pay is to go to the credit of a demand which mr. Short has on the treasury of the U.S and for which they consider mr. Randolph as liable to them, so that the sum he pays to Short directly lessens so much the balance to be otherwise settled. Mr. Short, by a letter received a few days ago, has directed an immediate employment of the whole sum in a particular way. I wish your sum settled, therefore, that I may call on the Treasury for the exact balance. I should have thought your best market for stock would have been here, and I am convinced, the quicker sold the better; for, should the war measures recommended by the Executive, taken up by the legislature, be carried through, the fall of stock will be very sudden, war being then more than probable. Mr. Short holds some stock here, and, should the first of Mr. Sprigg’s resolutions, now under debate in the lower house be rejected, I shall, within 24. hours from the rejection, sell out the whole of mr. Short’s stock. How that resolution will be disposed of (to wit, that against the expediency of war with the French republic), is very doubtful. Those who count votes vary the issue from a majority of 4. against the resolution to 2. or 3. majority in it’s favor. So that the scales of peace war are very nearly in equilibrio. Should the debate hold many days, we shall derive aid from the delay. Letters received from France by a vessel just arrived, concur in assuring us, that, as all the French measures bear equally on the Swedes Danes as on us, so they have no more purpose of declaring war against us than against them. Besides this, a wonderful stir is commencing in the Eastern states. The dirty business of Lyon Griswold was of a nature to fly through the newspapers, both whig tory, to excite the attention of all classes. It, of course, carried to their attention, at the same time, the debates out of which that affair sprung. The subject of these debates was, whether the representatives of the people were to have no check on the expenditure of the public money, the executive to squander it at their will, leaving to the Legislature only the drudgery of furnishing the money. They begin to open their eyes on this to the Eastward to suspect they have been hoodwinked. Two or three whig presses have set up in Massachusetts, as many more in Connecticut. The late war message of the president has added new alarm. Town meetings have begun in Massachusetts, and are sending on their petitions remonstrances by great majorities, against war-measures, and these meetings are likely to spread. The present debate, as it gets abroad, will further show them, that it is their members who are for war measures. It happens, fortunately, that these gentlemen are obliged to bring themselves forward exactly in time for the Eastern elections to Congress, which come on in the course of the ensuing summer. We have, therefore, great reason to expect some favorable changes in the representatives from that quarter. The same is counted on with confidence from Jersey, Pennsylvania, Maryland; perhaps one or two also in Virginia; so that, after the next election, the whigs think themselves certain of a very strong majority in the H of Representatives; and tho’ against the other branches they can do nothing good, yet they can hinder them from doing ill. The only source of anxiety, therefore, is to avoid war for the present moment. If we can defeat the measures leading to that during this session, so as to gain this summer, time will be given, as well for the public mind to make itself felt, as for the operations of France to have their effect in England as well as here. If, on the contrary war is forced on, the tory interest continues dominant, and to them alone must be left, as they alone desire to ride on the whirlwind, direct the storm. The present period, therefore, of two or three weeks, is the most eventful ever known since that of 1775. and will decide whether the principles established by that contest are to prevail, or give way to those they subverted. Accept the friendly salutations prayers for your health happiness, of, dear Sir, your sincere and affectionate friend.

P. S. Compliments to Mr. Taylor. I shall write to him in a few days.

Thomas Jefferson
Jefferson, Thomas
April 5, 98
Philadelphia
James Madison
Madison, James

TO JAMES MADISON MAD. MSS.

I wrote you last on the 29th ult; since which I have no letter from you. These acknolegments regularly made and attended to, will shew whether any of my letters are intercepted, and the impression of my seal on wax (which shall be constant hereafter) will discover whether they are opened by the way. The nature of some of my communications furnishes ground of inquietude for their safe conveyance. The bill for the federal buildings labors hard in Senate, tho’, to lessen opposition, the Maryland Senator himself proposed to reduce the 200.000 D to one-third of that sum. Sedgwick Hillhouse violently opposed it. I conjecture that the votes will be either 13. for 15. against it, or 14. 14. Every member declares he means to go there, but tho’ charged with an intention to come away again, not one of them disavowed it. This will engender incurable distrust. The debate on mr. Sprigg’s resolutions has been interrupted by a motion to call for papers. This was carried by a great majority. In this case, there appeared a separate squad, to wit, the Pinckney interest, which is a distinct thing, and will be seen sometimes to lurch the President. It is in truth the Hamilton party, whereof P is only made the stalking horse. The papers have been sent in read, it is now under debate in both houses, whether they shall be published. I write in the morning, if determined in the course of the day in favor of publication, I will add in the evening a general idea of their character. Private letters from France, by a late vessel which sailed from Havre, Feb 5, assure us that France, classing us in her measures with the Swedes Danes, has no more notion of declaring war against us than them. You will see a letter in Bache’s paper of yesterday, which came addressed to me. Still the fate of Sprigg’s resolutions seems in perfect equilibrio. You will see in Fenno two numbers of a paper signed Marcellus. They promise much mischief, and are ascribed, without any difference of opinion, to Hamilton. You must, my dear Sir, take up your pen against this champion. You know the ingenuity of his talents; there is not a person but yourself who can foil him. For heaven’s sake, then take up your pen, and do not desert the public cause altogether.