Thursday evening. The Senate have, to-day, voted the publication of the communications from our envoys. The House of Repr. decided against the publication by a majority of 75 to 24. The Senate adjourned, over to-morrow (good Friday), to Saturday morning; but as the papers cannot be printed within that time, perhaps the vote of the H of R may induce the Senate to reconsider theirs. For this reason, I think it my duty to be silent on them. Adieu.
I wrote you last on the 21st. of Mar. Since which yours of the 26th. of March is received. Yesterday I had a consultation with mr. Dawson on the matter respecting Skipwith. We have neither of us the least hesitation, on a view of the ground, to pronounce against your coming forward in it at all. Your name would be the watchword of party at this moment, and the question would give opportunities of slander, personal hatred, and injustice, the effect of which on the justice of the case cannot be calculated. Let it therefore come forward in Skipwith’s name, without your appearing even to know of it. But is it not a case which the auditor can decide? If it is, that tribunal must be first resorted to. I do not think Scipio worth your notice. He has not been noticed here but by those who were already determined. Your narrative and letters wherever they are read produce irresistable conviction, and cannot be attacked but by a contradiction of facts, on which they do not venture. Finding you unassailable in that quarter, I have reason to believe they are preparing a batch of small stuff, such as refusing to drink Genl. Washington’s health, speaking ill of him, the government, withdrawing civilities from those attached to him, countenancing Paine to which they add connivance at the equipment of privateers by Americans. I am told some sort of an attack is preparing, founded on the depositions of 2. or 3. Americans. We are therefore of opinion here that Dr. Edward’s certificate (which he will give very fully) should not be published, but reserved to repel these slanders, adding to it such others as the nature of them may call for. Mr. Dawson thinks he can easily settle the disagreeable business with M. The difficulty delicacy will be with G. He is to open the matter to them to day and will write to you this evening. It is really a most afflicting consideration that it is impossible for a man to act in any office for the public without encountering a persecution which even his retirement will not withdraw him from. At this moment my name is running through all the city as detected in a criminal correspondence with the French directory, fixed upon me by the documents from our envoys now before the two houses. The detection of this by the publication of the papers, should they be published, will not relieve all the effects of the lie, and should they not be published, they may keep it up as long and as successfully as they did and do that of my being involved in Blount’s conspiracy. The question for the publication of the communications from our envoys is now under consideration in both houses. But if published, you cannot get them till another post. The event of mr. Sprigg’s resolutions is extremely doubtful. The first one now under consideration (to wit that it is not expedient to resort to war) will perhaps be carried or rejected by a majority of 1. or 2. only. Consequently it is impossible previously to say how it will be. All war-measures, debtors of our country will follow the fortunes of that resolution. Measures for internal defence will be agreed to. Letters from France by a vessel which left Havre Feb. 5. express the greatest certainty that the French government, classing us in all her measures with Denmark Sweden, has no more idea of declaring war against us than against them. Consequently it rests with ourselves. Present my best respects to mrs. Monroe accept yourself friendly salutations adieux.
P. S. I will hereafter seal my letters with wax, the same seal. Pay attention if you please to the state of the impression.
So much of the communications from our envoys has got abroad, so partially, that there can now be no ground for reconsideration with the Senate. I may therefore, consistently with duty, do what every member of the body is doing. Still, I would rather you would use the communication with reserve till you see the whole papers. The first impressions from them are very disagreeable confused. Reflection, however, analysis resolves them into this. Mr. A’s speech to Congress in May is deemed such a national affront, that no explanation on other topics can be entered on till that, as a preliminary, is wiped away by humiliating disavowals or acknolegments. This working hard with our envoys, indeed seeming impracticable for want of that sort of authority, submission to a heavy amercement (upwards of a million sterl.) was, at an after meeting, suggested as an alternative, which might be admitted if proposed by us. These overtures had been through informal agents; and both the alternatives bringing the envoys to their ne plus, they resolve to have no more communication through inofficial characters, but to address a letter directly to the government, to bring forward their pretensions. This letter had not yet, however, been prepared. There were, interwoven with these overtures some base propositions on the part of Taleyrand, through one of his agents, to sell his interest influence with the Directory towards smoothing difficulties with them, in consideration of a large sum (50.000 £ sterl); and the arguments to which his agent resorted to induce compliance with this demand, were very unworthy of a great nation, (could they be imputed to them,) and calculated to excite disgust indignation in Americans generally, and alienation in the republicans particularly, whom they so far mistake, as to presume an attachment to France and hatred to the Federal party, not the love of their country, to be their first passion. No difficulty was expressed towards an adjustment of all differences misunderstandings, or even ultimately a paiment for spoliations, if the insult from our Executive should be first wiped away. Observe, that I state all this from only a single hearing of the papers, therefore it may not be rigorously correct. The little slanderous imputation before mentioned, has been the bait which hurried the opposite party into this publication. The first impressions with the people will be disagreeable, but the last permanent one will be, that the speech in May is now the only obstacle to accommodation, and the real cause of war, if war takes place. And how much will be added to this by the speech of November, is yet to be learnt. It is evident, however, on reflection, that these papers do not offer one motive the more for our going to war. Yet such is their effect on the minds of wavering characters, that I fear, that to wipe off the imputation of being French partisans, they will go over to the war measures so furiously pushed by the other party. It seems, indeed, as if they were afraid they should not be able to get into war till Great Britain will be blown up, and the prudence of our countrymen from that circumstance, have influence enough to prevent it. The most artful misrepresentations of the contents of these papers were published yesterday, produced such a shock on the republican mind, as has never been seen since our independence. We are to dread the effects of this dismay till their fuller information. Adieu.
P. M. Evening papers have come out since writing the above. I therefore inclose them. Be so good as to return Brown’s by post, as I keep his set here. The representatives are still unfaithful.
I wrote you two letters on the 5th inst; since which I have recd yours of the 2d. I send you, in a separate package, the instructions to our envoys their communications: You will find that my representation of their contents from memory, was substantially just. The public mind appears still in a state of astonishment. There never was a moment in which the aid of an able pen was so important to place things in their just attitude. On this depend the inchoate movement in the Eastern mind, and the fate of the elections in that quarter, now beginning to continue through the summer. I would not propose to you such a task on any ordinary occasion. But be assured that a well-digested analysis of these papers would now decide the future turn of things, which are at this moment on the creen. The merchants here are meeting under the auspices of Fitzsimmons, to address the President approve his propositions. Nothing will be spared on that side. Sprigg’s first resolution against the expediency of war, proper at the time it was moved, is now postponed as improper, because to declare that, after we have understood it has been proposed to us to buy peace, would imply an acquiescence under that proposition. All, therefore, which the advocates of peace can now attempt, is to prevent war measures externally, consenting to every rational measure of internal defence preparation. Great expences will be incurred; it will be left to those whose measures render them necessary, to provide to meet them. They already talk of stopping all paiments of interest, of a land tax. These will probably not be opposed. The only question will be, how to modify the land tax. On this there may be great diversity of sentiment. One party will want to make it a new source of patronage expence. If this business is taken up, it will lengthen our session. We had pretty generally, till now, fixed on the beginning of May for adjournment. I shall return by my usual routes, not by the Eastern shore, on account of the advance of the season. Friendly salutations to mrs. Madison yourself. Adieu.
As the instructions to our envoys their communications have excited a great deal of curiosity, I enclose you a copy. You will perceive that they have been assailed by swindlers, whether with or without the participation of Taleyrand is not very apparent. The known corruption of his character renders it very possible he may have intended to share largely in the 50,000£ demanded. But that the Directory knew anything of it is neither proved nor probable. On the contrary, when the Portuguese ambassador yielded to like attempts of swindlers, the conduct of the Directory in imprisoning him for an attempt at corruption, as well as their general conduct really magnanimous, places them above suspicion. It is pretty evident that mr. A.’s speech is in truth the only obstacle to negociation. That humiliating disavowals of that are demanded as a preliminary, or as a commutation for that a heavy sum of money, about a million sterling. This obstacle removed, they seem not to object to an arrangement of all differences, and even to settle acknolege themselves debtors for spoliations. Nor does it seem that negociation is at an end, as the P’s message says, but that it is in it’s commencement only. The instructions comply with the wishes expressed in debate in the May session to place France on as good footing as England, not to make a sine qua non of the indemnification for spoliation; but they declare the war in which France is engaged is not a defensive one, they reject the naturalization of French ships, that is to say the exchange of naturalization which France had formerly proposed to us, which would lay open to us the unrestrained trade of her West Indies all her other possessions; they declare the 10th article of the British treaty, against sequestering debts, money in the funds, bank stock, c., to be founded in morality, therefore of perpetual obligation, some other heterodoxes.
You will have seen in the newspapers some resolutions proposed by mr. Sprigg, the first of which was, that it is inexpedient under existing circumstances to resort to war with France. Whether this could have been carried before is doubtful, but since it is known that a sum of money has been demanded, it is thought this resolution, were it now to be passed, would imply a willingness to avoid war even by purchasing peace. It is therefore postponed. The peace party will agree to all reasonable measures of internal defence, but oppose all external preparations. Tho’ it is evident that these communications do not present one motive the more for going to war, yet it may be doubted whether we are now strong enough to keep within the defensive line. It is thought the expences contemplated will render a land tax necessary before we separate. If so, it will lengthen the session. The first impressions from these communications are disagreeable; but their ultimate effect on the public mind will not be favorable to the war party. They may have some effect in the first moment in stopping the movement in the Eastern states, which were on the creen, were running into town meetings, yet it is believed this will be momentary only, and will be over before their elections. Considerable expectations were formed of changes in the Eastern delegations favorable to the whig interest. Present my best respects to mrs. Carr, accept yourself assurance of affectionate esteem.
I wrote you on the 5th. inst. and on the 12th. I enclosed you a copy of the instructions communications from our envoys. In that of the 5th I acknoleged the receipt of your last at hand of Mar. 26. The impressions first made by those communications continue strong prejudicial here. They have enabled the merchants to get a war-petition very extensively signed. They have also carried over to the war-party most of the waverers in the H. of R. This circumstance with the departure of 4. Southern members, others going, have given a strong majority to the other party. The expences will probably bring them up: but in the mean time great dangerous follies will have been committed. A salt-tax, land-tax, stoppage of interest on the public debt are the resources spoken of for procuring from 3. to 7. millions of Dollars of preparatory expence. I think it probable that France, instead of declaring war, will worry us with decrees. A new one is proposed making neutral armed ships good prize. Such measures, and the bottom of our purse which we shall get to even by the expences of preparation, will still prevent serious war. Bankruptcy is a terrible foundation to begin a war on, against the conquerors of the universe. A governor, secretary 3. judges are named for the missisipi territory. Of these, two are agents for the land companies, 2. are bankrupt speculators, the other unknown. Your matter with Morris is well settled. With respect to your accounts mr. Dawson will inclose you the difficulties objected by the Department of State. Considering how much better items of an account can be explained vivâ voce, how much more impressive personal remonstrance is than written, we have imagined you will think it adviseable to come on yourself, and have these matters settled, or at least to narrow them down to a few articles as to which you may take measures from hence to procure vouchers from Europe if necessary. But of this you alone are the competent judge. Present my affectionate salutations to mrs. Monroe. Friendly adieux to yourself.
P. S. Wheat flour not saleable at this moment. Tobacco (old) d 13.50 likely to rise.
I wrote you last on the 12 th . then acknoleged your last at hand of the 2 d . inst. The sensations first occasioned by the late publications have been kept up and increased at this place. A petition from the merchants traders others was so industriously pushed as to have obtained a very extensive signature. The same measure is pursuing in New York. As the election of their governor comes on next Tuesday, these impressions will just be in time to affect that. We have no information yet of their effect to the Eastward. In the meantime petitions to Congress against arming from the towns of Massachusetts were multiplying. They will no doubt have been immediately checked. The P.’s answer to the address of the merchants here you will see in Fenno of yesterday. It is a pretty strong declaration that a neutral pacific conduct on our part is no longer the existing state of things. The vibraters in the H. of R. have chiefly gone over to the war party. Still if our members were all here, it is believed the Navalbill would be thrown out. Giles, Clopton, Cabell are gone. The debate began yesterday, tho’ the question will be lost, the effect on the public mind will be victory. For certainly there is nothing new which may render war more palatable to the people. On the contrary the war-members themselves are becoming alarmed at the expences, whittling down the estimates to the lowest sums. You will see by a report of the Secretary at War which I inclose you that he estimates the expences of preparation at seven millions of Dollars; which it is proposed to lower to about 3. millions. If it can be reduced to this, a stoppage of public interest will suffice is the project of some. This idea has already knocked down the public paper, which can no longer be sold at all. If the expences should exceed 3. m. they will undertake a land tax. Indeed a land tax is the decided resource of many, perhaps of a majority. There is an idea of some of the Connecticut members to raise the whole money wanted by a tax on salt; so much do they dread a land tax. The middle or last of May is still counted on for adjournment.
Col o Innes is just arrived here, heavily laden with gout dropsy. It is scarcely thought he can ever get home again. The principles likely to be adopted by that board have thrown the administration into deep alarm. It is admitted they will be worse than the English, French, Algerine depredations added together. It is even suggested that, if persevered in, their proceedings will be stopped. These things are not public.—Your letter, by occasioning my recurrence to the constitution, has corrected an error under which a former one of mine had been written. I had erroneously conceived that the declaration of war was among the things confided by the Constitution to two thirds of the legislature. We are told here that you are probably elected to the state legislature. It has given great joy, as we know your presence will be felt any where, and the times do not admit of the inactivity of such talents as yours. I hope therefore it is true. As much good may be done by a proper direction of the local force. Present my friendly salutations to Mrs. Madison to yourself affectionately adieu.
* * * The bill for the naval armament (12 vessels) passed by a majority of about 4 to 3 in the H of R; all restrictions on the objects for which the vessels should be used were struck out. The bill for establishing a department of Secretary of the navy was tried yesterday, on its passage to the 3d reading, prevailed by 47 against 41. It will be read the 3d time to-day. The Provisional army of 20,000. men will meet some difficulty. It would surely be rejected if our members were all here. Giles, Clopton, Cabell Nicholas are gone, Clay goes to-morrow. He received here news of the death of his wife. Parker is completely gone over to the war party. In this state of things they will carry what they please. One of the war party, in a fit of unguarded passion, declared some time ago they would pass a citizen bill, an alien bill, a sedition bill; accordingly, some days ago, Coit laid a motion on the table of the H of R for modifying the citizen law. Their threats point at Gallatin, it is believed they will endeavor to reach him by this bill. Yesterday mr. Hillhouse laid on the table of the Senate a motion for giving power to send away suspected aliens. This is understood to be meant for Volney Collot. But it will not stop there when it gets into a course of execution. There is now only wanting, to accomplish the whole declaration before mentioned, a sedition bill, which we shall certainly soon see proposed. The object of that, is the suppression of the whig presses. Bache’s has been particularly named. That paper also Cary’s totter for want of subscriptions. We should really exert ourselves to procure them, for if these papers fall, republicanism will be entirely brow beaten. Cary’s paper comes out 3 times a week, @ 5 D. The meeting of the people which was called at New York, did nothing. It was found that the majority would be against the Address. They therefore chose to circulate it individually. The committee of ways means have voted a land tax. An additional tax on salt will certainly be proposed in the House, and probably prevail to some degree. The stoppage of interest on the public debt will also, perhaps, be proposed, but not with effect. In the meantime, that paper cannot be sold. Hamilton is coming on as Senator from N. Y. There has been so much contrivance combination in that, as to shew there is some great object in hand. Troup, the district judge of N Y, resigns towards the close of the session of their Assembly. The appointment of mr. Hobart, then Senator, to succeed Troup, is not made by the President till after the Assembly had risen. Otherwise, they would have chosen the Senator in place of Hobart. Jay then names Hamilton, Senator, but not till a day or two before his own election as Governor was to come on, lest the unpopularity of the nomination should be in time to affect his own election. We shall see in what all this is to end; but surely in something. The popular movement in the eastern states is checked, as we expected, and war addresses are showering in from New Jersey the great trading towns. However, we still trust that a nearer view of war a land tax will oblige the great mass of the people to attend. At present, the war hawks talk of septembrizing, Deportation, and the examples for quelling sedition set by the French Executive. All the firmness of the human mind is now in a state of requisition. Salutations to mrs. Madison; to yourself, friendship adieu.
P. M. The bill for the naval department is passed.
I wrote you last on the 26th; since which yours of the 22d of April is received, acknoleging mine of the 12th; so that all appear to have been received to that date. The spirit kindled up in the towns is wonderful. These and N Jersey are pouring in their addresses, offering life fortune. Even these addresses are not the worst things. For indiscreet declarations and expressions of passion may be pardoned to a multitude acting from the impulse of the moment. But we cannot expect a foreign nation to shew that apathy to the answers of the President, which are more thrasonic than the addresses. Whatever chance for peace might have been left us after the publication of the despatches, is compleatly lost by these answers. Nor is it France alone, but his own fellow citizens, against whom his threats are uttered. In Fenno, of yesterday, you will see one, wherein he says to the address from Newark, “the delusions misrepresentations which have misled so many citizens, must be discountenanced by authority as well as by the citizens at large;” evidently alluding to those letters from the representatives to their constituents, which they have been in the habit of seeking after publishing; while those sent by the Tory part of the house to their constituents, are ten times more numerous, replete with the most atrocious falsehoods calumnies. What new law they will propose on this subject, has not yet leaked out. The citizen bill sleeps. The alien bill, proposed by the Senate, has not yet been brought in. That proposed by the H of R has been so moderated, that it will not answer the passionate purposes of the war gentlemen. Whether, therefore, the Senate will push their bolder plan, I know not. The provisional army does not go down so smoothly in the R. as it did in the Senate. They are whittling away some of it’s choice ingredients; particularly that of transferring their own constitutional discretion over the raising of armies to the President. A commtee of the R have struck out his discretion, and hang the raising of the men on the contingencies of invasion, insurrection, or declaration of war. Were all our members here, the bill would not pass. But it will, probably, as the House now is. It’s expence is differently estimated, from 5. to 8. millions of dollars a year. Their purposes before voted, require 2. millions above all the other taxes, which, therefore, are voted to be raised on lands, houses slaves. The provisional army will be additional to this. The threatening appearances from the Alien bills have so alarmed the French who are among us, that they are going off. A ship, chartered by themselves for this purpose, will sail within about a fortnight for France, with as many as she can carry. Among these I believe will be Volney, who has in truth been the principal object aimed at by the law. Notwithstanding the unfavorableness of the late impressions, it is believed the New York elections, which are over, will give us two or three republicans more than we now have. But it is supposed Jay is re-elected. It is said Hamilton declines coming to the Senate. He very soon stopped his Marcellus. It was rather the sequel that was feared than what actually appeared. He comes out on a different plan in his Titus Manlius, if that be really his. The appointments to the Missisipi territory were so abominable that the Senate could not swallow them. They referred them to a commte to inquire into characters, and the P withdrew the nomination has now named Winthrop Sergeant Governor, Steele of Augusta in Virginia, Secretary, Tilton — two of the Judges, the other not yet named. * * * As there is nothing material now to be proposed, we generally expect to rise in about three weeks. However, I do not yet venture to order my horses.
My respectful salutations to mrs. Madison. To yourself affectionate friendship, adieu.
Perhaps the Pr’s expression before quoted, may look to the Sedition bill which has been spoken of, and which may be meant to put the Printing presses under the Imprimatur of the executive. Bache is thought a main object of it. Cabot, of Massachusetts, is appointed Secretary of the Navy. It is said Hamilton declines coming to the Senate.
I am much obliged by your friendly letter of the 4th inst. As soon as I saw the first of mr. Martin’s letters, I turned to the newspapers of the day, found Logan’s speech, as translated by a common Indian interpreter. The version I had used, had been made by Genl Gibson. Finding from mr. Martin’s style, that his object was not merely truth, but to gratify party passions, I never read another of his letters. I determined to do my duty by searching into the truth, publishing it to the world, whatever it should be. This I shall do at a proper season. I am much indebted to many persons, who, without any acquaintance with me, have voluntarily sent me information on the subject. Party passions are indeed high. Nobody has more reason to know it than myself. I receive daily bitter proofs of it from people who never saw me, nor know anything of me but through Porcupine Fenno. At this moment all the passions are boiling over, and one who keeps himself cool and clear of the contagion, is so far below the point of ordinary conversation, that he finds himself insulated in every society. However, the fever will not last. War, land tax stamp tax, are sedatives which must calm its ardor. They will bring on reflection, and that, with information, is all which our countrymen need, to bring themselves and their affairs to rights. They are essentially republican. They retain unadulterated the principles of ’75, and those who are conscious of no change in themselves have nothing to fear in the long run. It is our duty still to endeavor to avoid war; but if it shall actually take place, no matter by whom brought on, we must defend ourselves. If our house be on fire, without inquiring whether it was fired from within or without, we must try to extinguish it. In that, I have no doubt, we shall act as one man. But if we can ward off actual war till the crisis of England is over, I shall hope we may escape it altogether.
I am, with much esteem, dear Sir, your most obedient humble servant.
* * * No bill has passed since my last. The alien bill now before the Senate you will see in Bache. I shall make no comment on it. The first clause was debated through the whole of Tuesday. To judge from that we cannot expect above 5. or 6. votes against it. We suppose the lower house will throw it out proceed on that which they have prepared. The bill for the provision of army is under debate. It will probably pass or be rejected by a very minute majority. If our members were here it would be rejected with ease. The tax on lands, slaves houses is proceeding. The questions on that will only be of modification. The event of the N. York elections is not yet absolutely known, but it is still believed we have gained 2. more republicans to Congress. Burr was here a day or two ago. He says they have got a decided majority of Whigs in their state H. of R. He thinks that Connecticut has chosen one Whig, a mr. Granger, calculates much on the effect of his election. An election here of town officers for Southwark, where it was said the people had entirely gone over to the tory side, showed them unmoved. The Whig ticket was carried by ten to one. The informations are so different as to the effect of the late dispatches on the people here that one does not know what to conclude: but I am of opinion they are little moved. Some of the young men who addressed the President on Monday mounted the Black (or English) cockade. The next day numbers of the people appeared with the tricolored (or French) cockade. Yesterday being the fast day the black cockade again appeared, on which the tricolour also showed itself. A fray ensued, the light horse were called in, the city was so filled with confusion from about 6. to 10. o’clock last night that it was dangerous going out. I write in the morning therefore know nothing of the particulars as yet, but as I do not send my letter to the post office till night, I shall probably be able by that time to add some details. It is also possible some question may be taken which may indicate the fate of the provisional army. There is a report, which comes from Baltimore, of peace between France England on terms entirely dictated by the former. But we do not hear how it comes, nor pay the least attention to it.
P. M. By the proceedings in Senate today I conclude the alien bill will pass 17 to . The provisional army has been under debate in the lower house. A motion was made to strike out the first section confessedly for the purpose of trying the fate of the bill. The motion was lost by 44. to 17. Had all the members in town been present, the question in the house instead of the committee, the vote would have been 45. against the bill 46. for it. No further particulars about the riot appear. * * *
My last to you was of the 10th. Since that I have received yours of the 5th. I immediately sent a note to Carey to forward his paper to your brother as you desired. The first vote of any importance on the alien bill was taken yesterday. It was one agreeing on the 1st section, which was carried by 12. to 7. If all the Senators in town had been present it would have been 17. to 7. The Provisional army gets along. The Rep. have reduced the 28. to 10. M. They have struck out the clauses for calling out exercising 20,000 militia at a time. The 1st Volunteer clause has been carried by a great majority. But endeavours will be made to render it less destructive less injurious to the militia. I shall enclose you a copy of the land-tax bill. In the first moments of the tumult here, mentioned in my last, the cockade assumed by one party was mistaken to be the tricolor. It was the old blue red adopted in some places in an early part of the revolution war. However it is laid aside. But the black is still frequent. I am a little apprehensive Burr will have miscalculated on Granger’s election in Connecticut. However it is not yet known here. It was expected Hillhouse would have been elected their Lt. Govr. but Treadwell is chosen. We know nothing more certain yet of the New York elections. Hamilton declined his appointment as Senator, Jay has named North, a quondam aid of Steuben. All sorts of artifices have been descended to, to agitate the popular mind. The President received 3. anonymous letters (written probably by some of the war men) announcing plots to burn the city on the fast-day. He thought them worth being known, great preparations were proposed by the way of caution, some were yielded to by the governor. Many weak people packed their most valuable movables to be ready for transportation. However the day passed without justifying the alarms. Other idle stories have been since circulated, the popular mind has not been proof against them. The addresses answers go on. Some parts of Maryland of this state are following the example of N. Jersey. The addresses are probably written here; those which come purely from the country are merely against the French, those written here are pointed with acrimony to party. You will observe one answer in which a most unjustifiable mention has been made of Monroe, without the least occasion leading to it from the address. It is now openly avowed by some of the eastern men that Congress ought not to separate. And their reasons are drawn from circumstances which will exist through the year. I was in hopes that all efforts to render the sessions of Congress permanent were abandoned. But a clear profit of 3. or 4. Dollars a day is sufficient to reconcile some to their absence from home. A French privateer has lately taken 3. American vessels from York Phila. bound to England. We do not know their loading, but it has alarmed the merchants much. Wheat flour are scarcely bought at all. Tobacco, old, of the best quality, has long been 14. D. My respects to Mrs. Madison to the family. Affectionate adieus to yourself.
When I had the pleasure of seeing you here, I spoke to you on the case of a friend of mine, Dr. James Currie, of Richmond, and asked the favor of you to proceed, in the way then spoken of, to recover against Robert Morris, Dr. Currie’s demand, the papers establishing which you had received. I have just received a letter from him wishing this matter to be pressed. I take the liberty therefore of repeating my request, that you will be so good as to send to mr. John Barnes, merchant south 3d street, who is my agent here a note of your own fee of any costs which it may be necessary to advance he will answer them now from time to time on my account, whether I am here or not. I have not heard from mr. Burwell: but I know it to be his wish to have the same proceedings as shall be pursued for Dr. Currie. Mr. Barnes is his agent for his money matters at this place, so that his costs you will be so good as to note separately to him. His name is Lewis Burwell. He is also of Richmond.
This being merely a letter of business I shall only add assurances of the esteem respect with which I am dear sir your most obedient most humble servant. 1
Yours of Apr 8 14, May 4 14, have been received in due time. I have not written to you since the 19th ult., because I knew you would be out on a circuit, and would receive the letters only when they would be as old almanacs. The bill for the Provisional army has got through the lower house, the regulars reduced to 10,000, and the volunteers unlimited. It was carried by a majority of 11. The land-tax is now on the carpet to raise 2. millions of dollars; yet I think they must at least double it, as the expenses of the provisional army were not provided for in it, and will require of itself 4. millions a year. I presume, therefore, the tax on lands, houses, negroes, will be a dollar a head on the population of each state. There are alien bills, sedition bills, c., also before both houses. The severity of their aspect determines a great number of French to go off. A ship-load sails on Monday next; among them Volney. If no new business is brought on, I think they may get through the tax bill in 3 weeks. You will have seen, among numerous addresses answers, one from Lancaster in this State, and it’s answer. The latter travelling out of the topics of the address altogether, to mention you in a most injurious manner. Your feelings have no doubt been much irritated by it, as in truth it had all the characters necessary to produce irritation. What notice you should take of it is difficult to say. But there is one step in which two or three with whom I have spoken concur with me, that feeble as the hand is from which this shaft is thrown, yet with a great mass of our citizens, strangers to the leading traits of the character from which it came, it will have considerable effect; that in order to replace yourself on the high ground you are entitled to, it is absolutely necessary you should reappear on the public theatre, and take an independent stand, from which you can be seen known to your fellow citizens. The He of Repr appears the only place which can answer this end, as the proceedings of the other house are too obscure. Cabell has said he would give way to you, whenever you should chuse to come in, and I really think it would be expedient for yourself as well as the public, that you should not wait until another election, but come to the next session. No interval should be admitted between this last attack of enmity and your re-appearance with the approving voice of your constituents, your taking a commanding attitude. I have not before been anxious for your return to public life, lest it should interfere with a proper pursuit of your private interests, but the next session will not at all interfere with your courts, because it must end Mar 4, and I verily believe the next election will give us such a majority in the He of R as to enable the republican party to shorten the alternate unlimited session, as it is evident that to shorten the sessions is to lessen the evils burthens of the government on our country. The present session has already cost 200,000 D, besides the wounds it has inflicted on the prosperity of the Union. I have no doubt Cabell can be induced to retire immediately, that a writ may be issued at once. The very idea of this will strike the public mind, raise its confidence in you. If this be done, I should think it best you should take no notice at all of the answer to Lancaster. Because, were you to shew a personal hostility against the answer, it would deaden the effect of everything you should say or do in your public place hereafter. All would be ascribed to an enmity to Mr. A., and you know with what facility such insinuations enter the minds of men. I have not seen Dawson since this answer has appeared, therefore have not yet learnt his sentiments on it. My respectful salutations to Mrs. Monroe; to yourself, affectionately adieu.
P. S. Always examine the seal before you open my letters. 1
I wrote to you last on the 24th, since which yours of the 20th is received. I must begin by correcting two errors in my last. It was false arithmetic to say, that two measures therein mentioned to be carried by majorities of 11., would have failed if the 14. absentees (wherein a majority of 6 was ours) had been present. Six coming over from the other side would have turned the scale, and this was the idea floating in my mind, which produced the mistake. The 2d error was in the version of mr. A’s expression, which I stated to you. His real expression was “that he would not unbrace a single nerve for any treaty France could offer; such was their entire want of faith, morality,” c.
The bill from the Senate for capturing French armed vessels found hovering on our coast was passed in two days by the lower house, without a single alteration; and the Ganges, a 20-gun sloop, fell down the river instantly to go on a cruise. She has since been ordered to New York, to convoy a vessel from that to this port. The Alien bill will be ready to day, probably, for it’s 3d reading in the Senate. It has been considerably mollified, particularly by a proviso saving the rights of treaties. Still, it is a most detestable thing. I was glad, in yesterday’s discussion, to hear it admitted on all hands, that laws of the U S, subsequent to a treaty, controul it’s operation, and that the legislature is the only power which can controul a treaty. Both points are sound beyond doubt. This bill will unquestionably pass the He of R, the majority there being decisive, consolidated, and bold enough to do anything. I have no doubt from the hints dropped, they will pass a bill to declare the French treaty void. I question if they will think a declaration of war prudent, as it might alarm, and all it’s effects are answered by the act authorizing captures. A bill is brought in for suspending all communication with the dominions of France, which will no doubt pass. It is suspected they mean to borrow money of individuals in London, on the credit of our land tax, perhaps the guarantee of Gt Britain. The land tax was yesterday debated, and a majority of 6. struck out the 13th. section of the classification of houses, and taxing them by a different scale from the lands. Instead of this, is to be proposed a valuation of the houses lands together. Macon yesterday laid a motion on the table for adjourning on the 14th. Some think they do not mean to adjourn; others, that they wait first the return of the envoys, for whom it is now avowed the brig Sophia was sent. It is expected she would bring them off about the middle of this month. They may, therefore, be expected here about the 2d week of July. Whatever be their decision as to adjournment, I think it probable my next letter will convey orders for my horses, and that I shall leave this place from the 20th to the 25th of June; for I have no expectation they will actually adjourn sooner. Volney a ship-load of others sail on Sunday next. Another ship-load will go off in about 3 weeks. It is natural to expect they go under irritations calculated to fan the flame. Not so Volney. He is most thoroughly impressed with the importance of preventing war, whether considered with reference to the interests of the two countries, of the cause of republicanism, or of man on the broad scale. But an eagerness to render this prevention impossible, leaves me without any hope. Some of those who have insisted that it was long since war on the part of France, are candid enough to admit that it is now begun on our part also. I enclose for your perusal a poem on the alien bill, written by mr. Marshall. I do this, as well for your amusement, as to get you to take care of this copy for me till I return; for it will be lost by lending, if I retain it here, as the publication was suppressed after the sale of a few copies, of which I was fortunate enough to get one. Your locks, hinges, c., shall be immediately attended to.
My respectful salutations friendship to mrs. Madison, to the family, to yourself. Adieu.
P. S. The President, it is said, has refused an Exequatur to the Consul General of France, Dupont.
P. P. S. This fact is true. I have it this moment from Dupont, and he goes off with Volney to France in two or three days.
* * * Mr. New showed me your letter on the subject of the patent, which gave me an opportunity of observing what you said as to the effect, with you, of public proceedings, and that it was not unwise now to estimate the separate mass of Virginia and North Carolina, with a view to their separate existence. It is true that we are completely under the saddle of Massachusetts and Connecticut, and that they ride us very hard, cruelly insulting our feelings, as well as exhausting our strength and subsistence. Their natural friends, the three other eastern States, join them from a sort of family pride, and they have the art to divide certain other parts of the Union, so as to make use of them to govern the whole. This is not new, it is the old practice of despots; to use a part of the people to keep the rest in order. And those who have once got an ascendancy, and possessed themselves of all the resources of the nation, their revenues and offices, have immense means for retaining their advantage. But our present situation is not a natural one. The republicans, through every part of the Union, say, that it was the irresistible influence and popularity of General Washington played off by the cunning of Hamilton, which turned the government over to anti-republican hands, or turned the republicans chosen by the people into anti-republicans. He delivered it over to his successor in this state, and very untoward events since, improved with great artifice, have produced on the public mind the impressions we see. But still I repeat it, this is not the natural state. Time alone would bring round an order of things more correspondent to the sentiments of our constituents. But are there no events impending, which will do it within a few months? The crisis with England, the public and authentic avowal of sentiments hostile to the leading principles of our Constitution, the prospect of a war, in which we shall stand alone, land tax, stamp tax, increase of public debt, c. Be this as it may, in every free and deliberating society, there must, from the nature of man, be opposite parties, and violent dissensions and discords; and one of these, for the most part, must prevail over the other for a longer or shorter time. Perhaps this party division is necessary to induce each to watch and delate to the people the proceedings of the other. But if on a temporary superiority of the one party, the other is to resort to a scission of the Union, no federal government can ever exist. If to rid ourselves of the present rule of Massachusetts and Connecticut, we break the Union, will the evil stop there? Suppose the New England States alone cut off, will our nature be changed? Are we not men still to the south of that, and with all the passions of men? Immediately, we shall see a Pennsylvania and a Virginia party arise in the residuary confederacy, and the public mind will be distracted with the same party spirit. What a game too will the one party have in their hands, by eternally threatening the other that unless they do so and so, they will join their northern neighbors. If we reduce our Union to Virginia and North Carolina, immediately the conflict will be established between the representatives of these two States, and they will end by breaking into their simple units. Seeing, therefore, that an association of men who will not quarrel with one another is a thing which never yet existed, from the greatest confederacy of nations down to a town meeting or a vestry; seeing that we must have somebody to quarrel with, I had rather keep our New England associates for that purpose, than to see our bickerings transferred to others. They are circumscribed within such narrow limits, and their population so full, that their numbers will ever be the minority, and they are marked, like the Jews, with such a perversity of character, as to constitute, from that circumstance, the natural division of our parties. A little patience, and we shall see the reign of witches pass over, their spells dissolved, and the people recovering their true sight, restoring their government to its true principles. It is true, that in the meantime, we are suffering deeply in spirit, and incurring the horrors of a war, and long oppressions of enormous public debt. But who can say what would be the evils of a scission, and when and where they would end? Better keep together as we are, haul off from Europe as soon as we can, and from all attachments to any portions of it; and if they show their power just sufficiently to hoop us together, it will be the happiest situation in which we can exist. If the game runs sometimes against us at home, we must have patience till luck turns, and then we shall have an opportunity of winning back the principles we have lost. For this is a game where principles are the stake. Better luck, therefore, to us all, and health, happiness and friendly salutations to yourself. Adieu.
P. S. It is hardly necessary to caution you to let nothing of mine get before the public; a single sentence got hold of by the Porcupines, will suffice to abuse and persecute me in their papers for months.
I wrote you last on the 31st since which yours of the 27th of May is received. The alien bill when we had nearly got through it, on the 2d reading (on a report from the committee of the whole) was referred to a special committee. by a vote of it’s friends (12) against 11. who thought it could be rejected on the question for the 3d reading. It is reported again very much softened, and if the proviso can be added to it, saving treaties, it will be less objectionable than I thought it possible to have obtained. Still it would place aliens not protected by treaties [ illegible ] absolute government. They have brought into the lower house a sedition bill, which among other enormities, undertakes to make printing certain matters criminal, tho’ one of the amendments to the Constitution has so expressly taken religion, printing presses c. out of their coercion. Indeed this bill the alien bill both are so palpably in the teeth of the Constitution as to shew they mean to pay no respect to it. The citizen bill passed by the lower house sleeps in a Committee of the Senate. In the mean time Callendar, a principal object of it, has eluded it, by getting himself made a citizen. Volney is gone. So is Dupont, the rejected consul. The bill suspending intercourse with the French dominions will pass the Senate today with a small amendment. The real object of this bill is to evade the counter-irritations of the English who under the late orders for taking all vessels from French ports, are now taking as many of our vessels as the French. By forbidding our vessels to go to or from French ports we remove the pabulum for these violations of our rights by the English, undertaking to do the work for them ourselves in another way. The tax on lands, houses, slaves is still before the H. of R. They have determined to have the houses lands valued separately though to pay the same tax ad valorem, but they avow that when they shall have got at the number value of houses, they shall be free hereafter to tax houses separately, as by an indirect tax. This is to avoid the quotaing of which they cannot bear the idea. Requeries under a quotaing law can only shift the burthen from one part to another of the same state; but relieve them from the bridle of the quota all requeries go to the relief of the states. So odious is the quota to the N. E. members that many think they will not pass the bill at all. The question of adjournment was lost by two votes. Had our members been here it would have been carried much mischief prevented. I think now they will make their session permanent. I have therefore in my letters of today ordered my horses to be at Fredsbg on the 24. shall probably be with you on the 25th or 26th. I send you further communications from our envoys. To these I believe I may add on good grounds that Pinckney is gone with his family into the south of France for the health of his daughter, Marshal to Amsterdam (but whether coming here for instructions or not is a secret not entrusted to us) Gerry remains at Paris. It is rumored I believe with probability that there is a schism between Gerry his colleagues. Perhaps the directory may make a treaty with Gerry, if they can get through it before the brig Sophia takes him off. She sailed the 1st of April. It is evident from these communications that our envoys had not the least idea of a war between the two countries; much less that their dispatches are the cause of it. I mentioned to you in my last that I expected they would bring in a bill to declare the treaty with France void. Dwight Foster yesterday brought in resolutions for that purpose, for authorizing general reprisals on the French armed vessels: such is their preponderance by the number talents of our absentees withdrawing from us that they will carry it. Never was any event so important to this country since it’s revolution, as the issue of the invasion of England. With that we shall stand or fall. Colo. Jones’s situation is desperate. Every day is now expected to be his last. The petition for the reform of the British parliament enclosed in your last shall be disposed of as you desire. And the first vessel for Fredericksburg will carry your locks, hinges, pulleys glass. My respectful salutations to Mrs. Madison the family. Friendship adieus to yourself.
I inclose you some further communications from our envoys at Paris. To the information contained in these I can add that by the latest accounts Mr. Pinckney was gone into the south of France for the health of his family, Mr. Marshall to Amsterdam, and Mr. Gerry remained at Paris. It appears that neither themselves nor the French government dreamt of war between the two countries. It seems also fairly presumable that the douceur of 50,000 Guineas mentioned in the former dispatches was merely from X. and Y. as not a word is ever said by Taleyrand to our envoys, nor by them to him on the subject. It is now thought possible that Gerry may be pursuing the treaty for he was always viewed with more favor by the French government than his collegues whom they considered as personally hostile to them. It seems they offered to pay in time for unjustifiable spoliations, and insist on a present loan (and it would be much more than an equivalent). There seems nothing to prevent a conclusion, unless indeed the bring Sophia should arrive too soon bring him away. She sailed from hence the 1st of April with positive orders to the envoys to come away. In the meantime, besides accumulating irritations we are proceeding to actual hostilities. You will have seen in the papers the bills already passed, and the measures now proposed. Every thing will be carried which is proposed. Nobody denies but that France has given just cause of war, but so has Gr. Britain she is now capturing our vessels as much as France, but the question was one merely of prudence, whether seeing that both powers in order to injure one another, bear down every thing in their way, without regard to the rights of others, spoliating equally Danes, Swedes Americans, it would not be more prudent in us to bear with it as the Danes Swedes do, curtailing our commerce, and waiting for the moment of peace, when it is probable both nations would for their own interest honour retribute for their wrongs. However the public mind has been artfully inflamed by publications well calculated to deceive them them only and especially in the towns, and irritations have been multiplied so as to shut the door of accomodation, and war is now inevitable. I imagine that France will do little with us till she has made her peace with England, which, whether her invasion succeeds or fails, must be made this summer and autumn. The game on both sides is too heavy to be continued. When she shall turn her arms on us, I imagine it will be chiefly against our commerce and fisheries. If any thing is attempted by land it will probably be to the westward. Our great expence will be in equipping a navy to be lost as fast as equipped, or to be maintained at an expence which will sink us with itself, as the like course is sinking Great Britain. Of the two millions of Dollars now to be raised by a tax on lands, houses slaves, Virginia is to furnish between 3 400,000 but this is not more than half of the actual expence if the provisional army be raised, nor one tenth of what must be the annual expences. I see no way in which we can injure France so as to advance to negociation (as we must do in the end) on better ground than at present and I believe it will thus appear to our citizens generally as soon as the present fervor cools down and there will be many sedatives to effect this. For the present however, nothing can be done. Silence and patience are necessary for a while; and I must pray you, as to what I now write, to take care it does not get out of your own hand, nor a breath of it in a newspaper. I wrote to Mr. Clarke some time ago mentioning that I had been here for six months advancing for all the nail rods for my nailery without the possibility of receiving any thing from it till my return. That this will render it necessary to receive immediately on my return whatever sums my customers may have in hand for me. I yesterday received a letter from him informing me he had left Staunton, with our approbation had turned over my matters to a Mr. John McDowell. As I am not acquainted with him, nor as yet in correspondence with him, will you be so good as to mention to him that I shall have great need of whatever sum he may have on hand for me, as soon as I return, and should be very glad if he could lodge it with Col o Bell by our July court, at which I shall be, or if no conveyance occurs he can send me a line by post to Charlottesville informing me what sum I can count on. His future orders for nails I shall be able to attend to in person. I leave this for Monticello on the 20 th . inst. The adjournment of Congress is not yet fixed.
Yours of the 10th inst is received. I expected mine of the 14th would have been my last from hence, as I had proposed to have set out on the 20th; but on the morning of the 19th, we heard of the arrival of Marshall at New York and I concluded to stay see whether that circumstance would produce any new projects. No doubt he there received more than hints from Hamilton as to the tone required to be assumed. Yet I apprehend he is not hot enough for his friends. Livingston came with him from New York. M told him they had no idea in France of a war with us. That Taleyrand sent passports to him Pinckney, but none for Gerry. Upon this, Gerry staid, without explaining to them the reason. He wrote, however, to the President by Marshall, who knew nothing of the contents of the letter. So that there must have been a previous understanding between Taleyrand Gerry. M was received here with the utmost eclat. The Secretary of state many carriages, with all the city cavalry, went to Frankfort to meet him, and on his arrival here in the evening, the bells rung till late in the night, immense crowds were collected to see make part of the shew, which was circuitously paraded through the streets before he was set down at the city tavern. All this was to secure him to their views, that he might say nothing which would expose the game they have been playing. Since his arrival I can hear of nothing directly from him, while they are disseminating through the town things, as from him, diametrically opposite to what he said to Livingston. Dr Logan, about a fortnight ago, sailed for Hamburg. Tho for a twelvemonth past he had been intending to go to Europe as soon as he could get money enough to carry him there, yet when he had accomplished this, and fixed a time for going, he very unwisely made a mystery of it: so that his disappearance without notice excited conversation. This was seized by the war hawks, and given out as a secret mission from the Jacobins here to solicit an army from France, instruct them as to their landing, c. This extravagance produced a real panic among the citizens; happening just when Bache published Taleyrand’s letter, Harper, on the 18th, gravely announced to the He of R, that there existed a traitorous correspondence between the Jacobins here and the French Directory; that he had got hold of some threads clues of it, and would soon be able to develop the whole. This increased the alarm; their libelists immediately set to work, directly indirectly to implicate whom they pleased. Porcupine gave me a principal share in it, as I am told, for I never read his papers. This state of things added to my reasons for not departing at the time I intended. These follies seem to have died away in some degree already. Perhaps I may renew my purpose by the 25th. Their system is, professedly, to keep up an alarm. Tracy, at the meeting of the joint committee for adjournment, declared it necessary for Congress to stay together to keep up the inflammation of the public mind; and Otis expressed a similar sentiment since. However, they will adjourn. The opposers of adjournment in Senate, yesterday agreed to adjourn on the 10th of July. But I think the 1st of July will be carried. That is one of the objects which detains myself, as well as one or two more of the Senate, who had got leave of absence. I imagine it will be decided to-morrow or next day. To separate Congress now, will be withdrawing the fire from under a boiling pot.
Your commissions here are all in readiness, but no vessel for Fredericksburg has yet occurred.
My respectful salutations to mrs. Madison, the family, cordial friendship to yourself.
P. M. A message to both houses this day from the Prt, with the following communications.
“Mar 23. Pickering’s letter to the envoys, directing them, if they are not actually engaged in negociation with authorized persons, or not conducted bona fide, not merely for procrastination, to break up come home, and at any rate to consent to no loan.
“Apr 3. Talleyrand to Gerry. He supposes the other two gentlemen, perceiving that their known principles are an obstacle to negociation, will leave the republic, and proposing to renew the negociations with Gerry immediately.
“Apr 4. Gerry to Talleyrand. Disclaims a power to conclude anything separately, can only confer informally as an unaccredited individual, reserving to lay everything before the government of the U S for approbation.
“Apr 14. Gerry to the President. He communicates the preceding, and hopes the President will send other persons instead of his collegues himself, if it shall appear that anything can be done.”
The President’s message says, that as the instructions were not to consent to any loan, he considers the negociation as at an end, and that he will never send another minister to France, until he shall be assured that he will be received and treated with the respect due to a great, powerful, free independent nation.
A bill is brought into the Senate this day, to declare the treaties with France void, prefaced by a list of grievances in the style of a manifesto. It passed to the 2d. reading by 14 to 5.
A bill for punishing forgeries of bank paper, passed to the 3d. reading by 14 to 6. Three of the 14. (Laurence, Bingham Read) bank directors.
Your favor of Aug 4 came to hand by our last post, together with the “extract of a letter from a gentleman of Philadelphia, dated July 10,” cut from a newspaper stating some facts which respect me. I shall notice these facts. The writer says that “the day after the last despatches were communicated to Congress, Bache, Leib, c., and a Dr. Reynolds were closeted with me.” If the receipt of visits in my public room, the door continuing free to every one who should call at the same time, may be called closeting, then it is true that I was closeted with every person who visited me; in no other sense is it true as to any person. I sometimes received visits from Mr. Bache Dr. Leib. I received them always with pleasure, because they are men of abilities, and of principles the most friendly to liberty our present form of government. Mr. Bache has another claim on my respect, as being the grandson of Dr. Franklin, the greatest man ornament of the age and country in which he lived. Whether I was visited by Mr. Bache or Dr. Leib the day after the communication referred to, I do not remember. I know that all my motions at Philadelphia, here, and everywhere, are watched recorded. Some of these spies, therefore, may remember better than I do, the dates of these visits. If they say these two gentlemen visited me on the day after the communications, as their trade proves their accuracy, I shall not contradict them, tho’ I affirm that I do not recollect it. However, as to Dr. Reynolds I can be more particular, because I never saw him but once, which was on an introductory visit he was so kind as to pay me. This, I well remember, was before the communication alluded to, that during the short conversation I had with him, not one word was said on the subject of any of the communications. Not that I should not have spoken freely on their subject to Dr. Reynolds, as I should also have done to the letter writer, or to any other person who should have introduced the subject. I know my own principles to be pure, therefore am not ashamed of them. On the contrary, I wish them known, therefore willingly express them to every one. They are the same I have acted on from the year 1775 to this day, and are the same, I am sure, with those of the great body of the American people. I only wish the real principles of those who censure mine were also known. But warring against those of the people, the delusion of the people is necessary to the dominant party. I see the extent to which that delusion has been already carried, and I see there is no length to which it may not be pushed by a party in possession of the revenues the legal authorities of the U S, for a short time indeed, but yet long enough to admit much particular mischief. There is no event, therefore, however atrocious, which may not be expected. I have contemplated every event which the Maratists of the day can perpetrate, and am prepared to meet every one in such a way, as shall not be derogatory either to the public liberty or my own personal honor. The letter writer says, I am “for peace; but it is only with France.” He has told half the truth. He would have told the whole, if he had added England. I am for peace with both countries. I know that both of them have given, are daily giving, sufficient cause of war; that in defiance of the laws of nations, they are every day trampling on the rights of all the neutral powers, whenever they can thereby do the least injury, either to the other. But, as I view a peace between France England the ensuing winter to be certain, I have thought it would have been better for us to continue to bear from France through the present summer, what we have been bearing both from her England these four years, and still continue to bear from England, and to have required indemnification in the hour of peace, when I verily believe it would have been yielded by both. This seems to be the plan of the other neutral nations; and whether this, or the commencing war on one of them, as we have done, would have been wisest, time events must decide. But I am quite at a loss on what ground the letter writer can question the opinion, that France had no intention of making war on us, was willing to treat with Mr. Gerry, when we have this from Taleyrand’s letter, and from the written and verbal information of our envoys. It is true then, that, as with England, we might of right have chosen either peace or war, have chosen peace, and prudently in my opinion, so with France, we might also of right have chosen either peace or war, we have chosen war. Whether the choice may be a popular one in the other States, I know not. Here it certainly is not; I have no doubt the whole American people will rally ere long to the same sentiment, rejudge those who, at present, think they have all judgment in their own hands.
These observations will show you, how far the imputations in the paragraph sent me approach the truth. Yet they are not intended for a newspaper. At a very early period of my life, I determined never to put a sentence into any newspaper. I have religiously adhered to the resolution through my life, and have great reason to be contented with it. Were I to undertake to answer the calumnies of the newspapers, it would be more than all my own time, that of 20. aids could effect. For while I should be answering one, twenty new ones would be invented. I have thought it better to trust to the justice of my countrymen, that they would judge me by what they see of my conduct on the stage where they have placed me, what they knew of me before the epoch since which a particular party has supposed it might answer some view of theirs to vilify me in the public eye. Some, I know, will not reflect how apocryphal is the testimony of enemies so palpably betraying the views with which they give it. But this is an injury to which duty requires every one to submit whom the public think proper to call into it’s councils. I thank you, my dear Sir, for the interest you have taken for me on this occasion. Though I have made up my mind not to suffer calumny to disturb my tranquillity, yet I retain all my sensibilities for the approbation of the good just. That is, indeed, the chief consolation for the hatred of so many, who, without the least personal knowledge, on the sacred evidence of Porcupine Fenno alone, cover me with their implacable hatred. The only return I will ever make them, will be to do them all the good I can, in spite of their teeth.
I have the pleasure to inform you that all your friends in this quarter are well, and to assure you of the sentiments of sincere esteem respect with which I am, dear Sir, your friend and servant.
To avoid the suspicions curiosity of the post office, which would have been excited by seeing your name and mine on the back of a letter, I have delayed acknowleging the receipt of your favor of July last, till an occasion to write to an inhabitant of Wilmington gives me an opportunity of putting my letter under cover to him. The system of alarm jealousy which has been so powerfully played off in England, has been mimicked here, not entirely without success. The most long-sighted politician could not, seven years ago, have imagined that the people of this wide-extended country could have been enveloped in such delusion, and made so much afraid of themselves and their own power, as to surrender it spontaneously to those who are manœuvring them into a form of government, the principal branches of which may be beyond their control. The commerce of England, however, has spread its roots over the whole face of our country. This is a real source of all the obliquities of the public mind; and I should have had doubts of the ultimate term they might attain; but happily, the game, to be worth the playing of those engaged in it, must flush them with money. The authorized expenses of this year are beyond those of any year in the late war for independence, they are of a nature to beget great constant expenses. The purse of the people is the real seat of sensibility. It is to be drawn upon largely, and they will then listen to truths which could not excite them through any other organ. In this State, however, the delusion has not prevailed. They are sufficiently on their guard to have justified the assurance, that should you chuse it for your asylum, the laws of the land, administered by upright judges, would protect you from any exercise of power unauthorized by the Constitution of the United States. The Habeas corpus secures every man here, alien or citizen, against everything which is not law, whatever shape it may assume. Should this, or any other circumstance, draw your footsteps this way, I shall be happy to be among those who may have an opportunity of testifying, by every attention in our power, the sentiments of esteem respect which the circumstances of your history have inspired, and which are peculiarly felt by, Sir, your most obedient, and most humble servant.
I entirely approve of the confidence you have reposed in mr Brackenridge, as he possesses mine entirely. I had imagined it better those resolutions should have originated with N. Carolina. But perhaps the late changes in their representation may indicate some doubt whether they could have passed. In that case it is better they should come from Kentucky. I understand you intend soon to go as far as mr Madison’s. You know of course I have no secrets from him. I wish him therefore to be consulted as to these resolutions. The post boy waiting at the door obliges me to finish here with assurances of the esteem of Dr Sir your friend servt.
I received lately a letter from mr. Callendar to which the inclosed is an answer. After perusing it, be so good to stick a wafer in it and (after it is dry) deliver it. You will perceive that I propose to you the trouble of drawing for 50. D. for mr. Callendar on my correspondent in Richmond, George Jefferson, merchant. This is to keep his name out of sight. Make your draught if you please in some such form as this ‘Pay to. . . . . . . .or order, (or ‘Send me in bank bills by post) 50. Dollars on account of Thomas Jefferson according to advice received from him c.’ I shall immediately direct him to pay such a draught from you, without mentioning to him the purpose. I have to thank you for your favor of July 6. from Philadelphia. I did not immediately acknolege it, because I knew you would be come away. The X. Y. Z. fever has considerably abated through the country, as I am informed, and the alien sedition laws are working hard. I fancy that some of the State legislatures will take strong ground on this occasion. For my own part, I consider those laws as merely an experiment on the American mind, to see how far it will bear an avowed violation of the constitution. If this goes down we shall immediately see attempted another act of Congress, declaring that the President shall continue in office during life, reserving to another occasion the transfer of the succession to his heirs, and the establishment of the Senate for life. At least, this may be the aim of the Oliverians, while Monk the Cavaliers (who are perhaps the strongest) may be playing their game for the restoration of his most gracious Majesty George the Third. That these things are in contemplation, I have no doubt; nor can I be confident of their failure, after the dupery of which our countrymen have shewn themselves susceptible.
You promised to endeavor to send me some tenants. I am waiting for them, having broken up two excellent farms with 12. fields in them of 40. acres each, some of which I have sowed with small grain, Tenants of any size may be accommodated with the number of fields suited to their force. Only send me good people, and write me what they are. Adieu. Yours affectionately.
To the General Assembly of the Commonwealth of Virginia
The Petition of Sundry persons inhabitants of the county of Albemarle and citizens of the said Commonwealth respectfully sheweth.
That though civil govmt. duly framed and administered be one of the greatest blessings and most powerful instruments for procuring safety and happiness to men collected in large societies, yet such is the proneness of those to whom its powers are necessarily deputed to pervert them to the attainment of personal wealth and dominion to the utter oppression of their fellow-men, that it has become questionable whether the condition of our aboriginal neighbors who live without laws or magistracies be not preferable to that of the great mass of the nations of the earth who feel their laws and magistrates but in the weight of their burthens. That the citizens of these U. S. impressed with this mortifying truth when they deposed the abusive govmt under which they have lived, founded their new forms, as well particular as general in that fact and principle, that the people themselves are the safest deposit of power, and that none therefore should be trusted to others which they can competently exercise themselves, that their own experience having proved that the people are competent to the appointment or election of their agents, that of their chief executive magistrates was reserved to be made by themselves or by others chosen by themselves: as was also the choice of their legislatures whether composed of one or more branches: that in the judiciary department, sensible that they were inadequate to questions of law, these were in ordinary cases confided to permanent judges, reserving to juries only extraordinary cases where a bias in the permanent judge might be suspected, and where honest ignorance would be safer than perverted science: and reserving to themselves also the whole department of fact which constitutes indeed the great mass of judiciary litigations: that the wisdom of these reservations will be apparent on a recurrence to the history of that country from which we chiefly emigrated, where the faint glimmerings of liberty and safety now remaining to the nation are kept in feeble life by the reserved powers of the people only. That in the establishment of the trial by jury, however, a great inconsistence has been overlooked in this and some others of the states, or rather has been copied from their original without due attention: for while the competence of the people to the appointmt even of the highest executive and the legislative agents is admitted established, and their competence to be themselves the triers of judiciary facts, the appointment of the special individuals from among themselves who shall be such triers of fact has not been left in their hands, but has been placed by law in officers dependent on the executive or judiciary bodies: that triers of fact are therefore habitually taken in this state from among accidental bystanders and too often composed of foreigners attending on matters of business and of idle persons collected for purposes of dissipation, and in cases interesting to the powers of the public functionaries may be specially selected from descriptions of persons to be found in every country, whose ignorance or dependance renders them pliable to the will and designs of power. That in others of these states, [and particularly in those to the eastward of the union, 1 ] this germ of rottedness in the constitution of juries has been carefully excluded, and their laws have provided with laudable foresight for the appointment of jurors by selectmen chosen by the people themselves: and to a like restitution of principle and salutary precaution against the abuse of power by the public functionaries, who never did yet in any country fail to betray and oppress those for the care of whose affairs they were appointed, by force if they possessed it, or by fraud and delusion if they did not, your petitioners pray the timely attention of their legislature, while that legislature (and with a heartfelt satisfaction the petitioners pronounce it) are still honest enough to wish the preservation of the rights of the people, and wise enough to circumscribe in time the spread of that gangrene which sooner than many are aware may reach the vitals of our political existence.
And lest it should be supposed that the popular appointmt of jurors may scarcely be practicable in a state so exclusive and circumstanced as ours, your petitioners will undertake to suggest one mode, not presumg to propose it for the adoption of the legislature, but firmly relying that their wisdom will devise a better: they observe then that by a law already passed for the establishment of schools provision has been made for laying off every county into districts or precincts; that this division which offers so many valuable resources for the purposes of information, of justice, of order and police, may be recurred to for the object now in contemplation, and may be completed for this purpose where it has not been done for the other, and the inhabitants of every precinct may meet at a given time and place in their precinct and in the presence of the constable or other head officer of the precinct, elect from among themselves some one to be a juror, that from among those so chosen in every county some one may be designated by lot, who shall attend the ensuing session of the federal court within the state to act as grand and petty jurors, one of those from every senatorial district being designated by lot for a grand juror, and the residue attending to serve as petty jurors to be in like manner designated by lot in every particular case: that of the others so chosen in every county composing a district for the itinerant courts of this Commonwealth so many may be taken by lot as shall suffice for grand and petty juries for the district court next ensuing their election; and the residue so chosen in each county may attend their own county courts for the same purposes till another election, or if too numerous the supernumeraries may be discharged by lot: and that such compensation may be allowed for these services as without rendering the office an object worth canvassing may yet protect the juror from actual loss. That an institution on this outline, or such better as the wisdom of the Gen. ass. will devise, so modified as to guard it against the intrigue of parties, the influence of power, or irregularities of conduct, and further matured from time to time as experience shall develop its imperfections, may long preserve the trial by jury, in its pure and original spirit, as the true tribunal of the people, for a mitigation in the execution of hard laws when the power of preventing their passage is lost, and may afford some protection to persecuted man, whether alien or citizen, which the aspect of the times warns we may want.
And your petitioners, waiving the expression of many important considerations which will offer themselves readily to the reflection of the general assembly, pray them to take the premises into deep and serious consideration and to do therein for their country what their wisdom shall deem best, and they as in duty bound shall ever pray c.
The day after you left us, I sat down and wrote the petition I mentioned to you. It is not yet correct enough, I enclose you a copy to which I pray your corrections, and to return it by the next post, that it may be set in motion. On turning to the judiciary law of the U. S. I find they established the designation of jurors by lot or otherwise as NOW practised in the several states; should this prevent, in the first moment the execution of so much of the proposed law, as respects the federal courts, the people will be in possession of the right of electing jurors as to the state courts, either Congress will agree to conform their courts to the same rule, or they will be loaded with an odium in the eyes of the people generally which will force the matter through. I will send you a copy of the other paper by Richardson. Do not send for him till Monday sennight, because that gives us another post-day to warn you of any unexpected delays in winding up his work here for the season, which, tho’ I do not foresee, may yet happen. Adieu affectionately.
Mr. Richardson has been detained by several jobs indespensible to the progress of the carpenters, to the securing what is done against winter. When will Whitten be done with you? or could you by any means dispense with his services till I set out for Philadelphia? My floors can only be laid while I am at home, and I can not get a workman here. Perhaps you have some other with you or near you who could go on with your work till his return to you. I only mention these things that if you have any other person who could enable you to spare him a few weeks, I could employ him to much accommodation till my departure in laying my floors. But in this consult your own convenience only.
I enclose you a copy of the draught of the Kentucky resolves. I think we should distinctly affirm all the important principles they contain, so as to hold to that ground in future, and leave the matter in such a train as that we may not be committed absolutely to push the matter to extremities, yet may be free to push as far as events will render prudent. I think to set out so as to arrive in Philadelphia the Saturday before Christmas. My friendly respects to mrs. Madison, to your father family; health, happiness adieu to yourself.
40. lbs. of [ ] nails @ 14½d per lb. were sent this morning, being all we had. They contained (according to the count of a single pound) 314 × 40 = 12.560.
1. Resolved that the several states composing the U. S. of America did are not united on the principle of unlimited submission to their general government; but that by a compact under the style title of a Constitution for the U. S. and of Amendments thereto, they constituted a General government for special purposes; delegated to that government certain definite powers, reserving, each state to itself, the residuary mass of right to their own self-government; and that whensoever the General government assumes undelegated powers, it’s acts are unauthoritative, void of no force.
That to this compact each state acceded as a state, and is an integral party, it’s costates forming, as to itself, the other party.
That the constitutional form of action for this commonwealth as a party with respect to any other party is by it’s organized powers not by it’s citizens in a body.
That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made it’s discretion, not the constitution, the measure of it’s powers: but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode measure of redress.
2. Resolved that, one of the Amendments to the Constitution having declared that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, the act of the Congress of the U. S. passed on the 1st day of July 1798, intituled “An act in addition to the act intituled an Act for the punishment of certain crimes against the U. S.” which does abridge the freedom of speech of the press, is not law, but is altogether void and of no force.
2.
Resolved that, the Constitution of the U. S. having delegated to Congress a power to punish treason, conterfeiting the securities current coin of the U. S. and piracies felonies committed on the high seas and offences against the law of nations, and no other crimes whatsoever, and it being true as a general principle, and one of the Amendments to the Constitution having also declared, that “the powers not delegated to the U. S. by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people,” therefore
also,
the
same
act of Congress
passed by Congress
on the 14th day of July 1798, and intituled “an Act in addition to the act intituled an Act for the punishment of certain crimes against the U. S.” as also the act passed by them on the day of June 1798, intituled “an Act to punish frauds committed on the bank of the U. S.,” (and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitution) are altogether void and of no force and that the power to create, define, punish such other crimes is reserved, and of right appurtains solely and exclusively to the respective states, each within it’s own territory.
3.
Resolved that it is true as a general principle and is also expressly declared by one of the amendments to the constitution that “the powers not delegated to the U. S. by the constitution nor prohibited by it to the states, are reserved to the states respectively or to the people:” and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the U. S. by the constitution, nor prohibited by it to the states, all lawful powers respecting the same did of right remain, were reserved to the states or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far these abuses which cannot be separated from their use should be tolerated rather than the use be destroyed; and thus also they guarded against all abridgment by the U. S. of the freedom of religious opinions and exercises, retained to themselves the right of protecting the same, as this state by a law passed on the general demand of it’s citizens had already protected them from all human restraint and interference. And that in addition to this general principle
the
express declaration, another more special provision has been made by one of the amendments to the constitution which expressly declares that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech of the press” thereby guarding in the same sentence and under the same words the freedom of religion, of speech of the press, insomuch that whatever violates
one
either throws down the sanctuary which covers the others, and that
putting witholding
libels, falsehood and defamation equally with heresy false religion are witheld from
federal
the cognisance of
the
federal tribunals, that therefore the act of the Congress of the U. S. passed on the 14th day of July 1798 intituled “an act in addition to the act intituled an Act for the punishment of certain crimes against the U.S.” which does abridge the freedom of the press is not law, but is altogether void and of no force.
4. Resolved that Alien-friends are under the jurisdiction and protection of the laws of the state wherein they are, that no power over them has been delegated to the U. S. nor prohibited to the individual states distinct from their power over citizens: and it being true as a general principle, and one of the Amendments to the constitution having also declared, that “the powers not delegated to the U. S. by the constitution, nor prohibited by it to the States are reserved to the states respectively, or to the people,” the act of the Congress of the U. S. passed on the day of July 1798 intituled “an Act concerning Aliens” which assumes powers over alien friends not delegated by the constitution is not law, but is altogether void of no force.
5. Resolved that in addition to the general principle, as well as the express declaration, that powers not delegated are reserved, another and more special provision, inserted in the constitution from abundant caution, has declared that “the migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808,” that this commonwealth does admit the migration of Alien friends described as the subject of the said act concerning aliens; that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nugatory; that to remove them when migrated is equivalent to a prohibition of their migration, and is therefore contrary to the said provision of the constitution, and void.
6. Resolved that the imprisonment of a person under the protection of the laws of this commonwealth on his failure to obey the simple order of the President to depart out of the U. S. as is undertaken by the said act intituled “an act concerning Aliens” is contrary to the constitution, one amendment to which has provided that “no person shall be deprived of liberty, without due process of law”; and that another having provided that “in all criminal cases prosecutions the accused shall enjoy the right to a public trial, by an impartial jury, to be informed of the nature cause of the accusation to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defence” the same act undertaking to authorise the President to remove a person out of the U. S. who is under the protection of the law, on his own suspicion without accusation, without jury, without public trial, without confrontation of the witnesses against him, without hearing witnesses in his favor, without defence, without counsel, is contrary to these provisions also of the constitution, is therefore not law, but utterly void and of no force. That transferring the power of judging any person who is under the protection of the laws from the courts to the President of the U. S. as is undertaken by the same act concerning aliens, is against the article of the constitution which provides that “the judicial power of the U. S. shall be vested in courts the judges of which shall hold their offices during good behavior,” and that the s’d act is void for that reason also. And it is further to be noted that this transfer of judiciary power is to that magistrate of the general government who already possesses all the Executive and a negative on all the Legislative proceed.
7. Resolved that the construction applied by the general government, (as is evidenced by sundry of their proceedings) to those parts of the constitution of the U. S. which delegate to Congress a power “to lay collect taxes, duties, imposts, excises, to pay the debt and provide for the common defence and welfare of the U. S.” and “to make all laws which shall be necessary proper for carrying into execution the powers vested by the constitution in the government of the U. S. or in any department or officers thereof,” goes to the destruction of all the limits prescribed to their power by the constitution; that words meant by that instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers nor a part to be so taken as to destroy the whole residue of the instrument. That the proceedings of the general government under colour of these articles, will be a fit and necessary subject of revisal correction at a time of greater tranquillity, while those specified, in the preceding resolutions, call for immediate redress.
8.
Resolved that a committee of conference correspondence be appointed who shall have in charge to communicate the preceding resolutions to the legislatures of the several states, to assure them that this commonwealth continues in the same esteem for their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly for those specified in their late federal compact, to be friendly to the peace, happiness and prosperity of all the states: that faithful to that compact, according to the plain intent meaning in which it was understood acceded to by the several parties, it is sincerely anxious for it’s preservation. That it does also believe that to take from the states all the powers of self-government, transfer them to a general consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these states: and that therefore this commonwealth is determined, as it doubts not it’s co-states are, to submit to undelegated consequently unlimited powers in no man, or body of men on earth:
that it ought not
that in cases of an abuse of the delegated powers, the members of the general government being chosen by the people, a change by the people would be the constitutional remedy; but where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every state has a natural right in cases not within the compact (
casus non fœderis
) to nullify of their own authority, all assumptions of power by others within their limits, that without this right they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless this commonwealth from motives of regard respect for it’s co-states has wished to communicate with them on the subject; that with them alone it is proper to communicate, they alone being parties to the compact, solely authorised to judge in the last resort of the powers exercised under it; Congress being not a party, but merely the creature of the compact subject as to it’s assumptions of power to the final judgment of those by whom for whose use itself and it’s powers were all created and modified, that if those acts before specified should stand, these conclusions would flow from them; that the General government may place any act they think proper on the list of crimes and punish it themselves whether enumerated or not enumerated by the constitution as cognizable by them, that they may transfer its cognisance to the President or any other person, who may himself be the accuser, counsel, judge jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, his breast the sole record of the transaction: that a very numerous valuable description of the inhabitants of these states being, by this precedent reduced as Outlaws to the absolute dominion of one man, and the barrier of the constitution thus swept away for us all, no rampart now remains against
the will and
the passions and the power of a majority in Congress, to protect from a like exportation or other more grievous punishment, the minority of the same body, the legislatures, judges, governors, counsellors of the states nor their other peaceable inhabitants who may venture to reclaim the constitutional rights and liberties of the states and the people, or who for other causes good or bad, may be obnoxious to the views, or marked by the suspicions of the President, or be thought dangerous to his or their elections or other interests public or personal: that the friendless alien has indeed been selected as the safest subject of a first experiment: but the citizen will soon follow, or rather has already followed; for already has a Sedition act marked him as it’s prey: that these and successive acts of the same character unless arrested at the threshold necessarily drive these states into revolution and blood and will furnish new calumnies against republican government and new pretexts for those who wish it to be believed that man cannot be governed but by a rod of iron that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is every where the parent of despotism, free government is founded in jealousy and not in confidence, it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power that our constitution has accordingly so fixed the limits to which and no further our confidence may go: and let the honest advocate of confidence read the Alien and Sedition Acts, and say if the constitution has not been wise in fixing limits to the government it created and whether we should be wise in destroying those limits? Let him say what the government is, if it be not a tyranny which the men of our choice have conferred on the President and the President of our choice has assented to and accepted over the friendly strangers to whom the mild spirit of our country it’s laws had pledged hospitality protection: that the men of our choice have more respected the bare suspicions of the President than the solid rights of innocence, the claims of justification, the sacred force of truth and the forms and substance of law justice: in questions of power then let no more be heard of confidence in man, but bind him down from mischief by the chains of the constitution. That this commonwealth does therefore call on it’s co-states for an expression of their sentiments on the acts concerning aliens and for the punishment of certain crimes, herein before specified, plainly declaring whether these acts are, or are not, authorised by the federal compact? And it doubts not that their sense will be so enounced as to prove their attachment unaltered to limited government whether general or particular; that the rights liberties of their co-states will be exposed to no dangers by remaining embarked in a common bottom with their own: But
that however confident at other times this commonwealth would have been in the deliberate judgment of the co-states and that but one opinion would be entertained on the unjustiable character of the acts herein specified, yet it cannot be insensible that circumstances do exist, that passions are at this time afloat which may give a bias to the judgment to be pronounced on this subject, that times of passion are peculiarly those when precedents of wrong are yielded to with the last caution, when encroachments of powers are most usually made principles are least watched. That whether the coincidence of the occasion the encroachment in the present case has been from accident or design, the right of the commonwealth to the government of itself in cases not [
illegible
] parted with, is too vitally important to be yielded from temporary or secondary considerations: that a fixed determination therefore to retain it, requires us in candor and without reserve to declare to warn our co-states that considering the said acts to be so palpably against the constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the general government, but that it is to proceed in the exercise over these states of any all powers whatever, considering this as seizing the rights of the states consolidating them in the hands of the general government, with power to bind the states (not merely in the cases made federal
casus fœderis
but) in all cases whatsoever by laws not made with their consent, but by other states against their consent; considering all the consequences as nothing in comparison with that of yielding the form of government we have chosen of living under one [
struck out
] deriving it’s powers by from it’s own will and not from our authority, this commonwealth, as an integral party, does in that case protest against such opinions and exercises of undelegated unauthorised power, and does declare that recurring to it’s natural right of judging acting for itself, it will be constrained to take care of itself, to provide by measures of it’s own that no power not plainly intentionally delegated by the constitution to the general government, shall be exercised within the territory of this commonwealth.
that they will concur with this comm. in considering the said acts so palpably against the const. as to amount to an undisguised declarn. that that compact is not meant to be the measure of the powers of the genl. govmt, but that it will proceed in the exercise over these states of all powers whatsoever, that they will view this as seizing the right of the states consolidating them in the hands of the genl govt with power assumed to bind the states (not merely in the cases made federal) but in all cases whatsoever, by laws made not with their consent but by others against their consent, that this would be to surrender the form of govmt we have chosen to live under one deriving it’s powers from it’s own will and not from our authority that the co-states recurring to their natural right in cases not made federal will concur in declaring these acts void and of no force will each take measures of it’s own providing that neither these acts nor any others of the government not plainly intentionally authorized by the country to the genl govmt shall be exercised within their respective territories.
9. That the said committee be authorised to communicate by writing or personal conference, at any times or place whatever, with any person or persons who may be appointed by any one or more of the co-states to correspond or confer with them: that they lay their proceedings before the next session of assembly: that the members of the said committee, while acting within the state, have the same allowance as the members of the General assembly, and while acting without the commonwealth, the same as members of Congress: and that the Treasurer be authorized, on warrants from the Governor, to advance them monies on account for the said services.
1. Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes,—delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
2. Resolved, That the Constitution of the United States having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” therefore the act of Congress, passed on the 14th day of July, 1798, and intituled “An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States,” as also the act passed by them on the — day of June, 1798, intituled “An Act to punish frauds committed on the banks of the United States,” (and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitution,) are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States each within its own territory.
3. Resolved, That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same, as this State, by a law passed on the general demand of its citizens, had already protected them from all human restraint or interference. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press”: thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violates either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, the act of Congress of the United States, passed on the 14th day of July, 1798, intituled “An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States,” which does abridge the freedom of the press, is not law, but is altogether void, and of no force.
4. Resolved, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” the act of the Congress of the United States, passed on the — day of July, 1798, intituled “An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force.
5. Resolved, That in addition to the general principle, as well as the express declaration, that powers not delegated are reserved, another and more special provision, inserted in the Constitution from abundant caution, has declared that “the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808”: that this commonwealth does admit the migration of alien friends, described as the subject of the said act concerning aliens: that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nugatory: that to remove them when migrated, is equivalent to a prohibition of their migration, and is, therefore, contrary to the said provision of the Constitution, and void.
6. Resolved, That the imprisonment of a person under the protection of the laws of this commonwealth, on his failure to obey the simple order of the President to depart out of the United States, as is undertaken by said act intituled “An Act concerning aliens,” is contrary to the Constitution, one amendment to which has provided that “no person shall be deprived of liberty without due process of law” and that another having provided that “in all criminal prosecutions the accused shall enjoy the right to public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence,” the same act, undertaking to authorize the President to remove a person out of the United States, who is under the protection of the law, on his own suspicion, without accusation, without jury, without public trial, without confrontation of the witnesses against him, without hearing witnesses in his favor, without defence, without counsel, is contrary to the provision also of the Constitution, is therefore not law, but utterly void, and of no force: that transferring the power of judging any person, who is under the protection of the laws, from the courts to the President of the United States, as is undertaken by the same act concerning aliens, is against the article of the Constitution which provides that “the judicial power of the United States shall be vested in courts, the judges of which shall hold their offices during good behavior”; and that the said act is void for that reason also. And it is further to be noted, that this transfer of judiciary power is to that magistrate of the general government who already possesses all the Executive, and a negative on all Legislative powers.
7. Resolved, That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defence and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction, at a time of greater tranquillity, while those specified in the preceding resolutions call for immediate redress.
8th. Resolved, That a committee of conference and correspondence be appointed, who shall have in charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this commonwealth continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in the late federal compact, to be friendly to the peace, happiness, and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness, or prosperity of these States; and that therefore this commonwealth is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the general government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, ( casus non fœderis, ) to nullify of their own authority all assumptions of power by others within their limits: that without this right they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this commonwealth from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them; that the general government may place any act they think proper on the list of crimes, and punish it themselves whether enumerated or not enumerated by the constitution as cognizable by them: that they may transfer its cognizance to the President, or any other person, who may himself be the accuser, counsel, judge and jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction: that a very numerous and valuable description of the inhabitants of these States being, by this precedent, reduced, as outlaws, to the absolute dominion of one man, and the barrier of the Constitution thus swept away from us all, no rampart now remains against the passions and the powers of a majority in Congress to protect from a like exportation, or other more grievous punishment the minority of the same body, the legislatures, judges, governors and counsellors of the States, nor their other peaceable inhabitants, who may venture to reclaim the constitutional rights and liberties of the States and people, or who for other causes, good or bad, may be obnoxious to the views, or marked by the suspicions of the President, or be thought dangerous to his or their election, or other interests public or personal: that the friendless alien has indeed been selected as the safest subject of a first experiment; but the citizen will soon follow, or rather, has already followed, for already has a sedition act marked him as its prey: that these and successive acts of the same character, unless arrested at the threshold, necessarily drive these States into revolution and blood, and will furnish new calumnies against republican government, and new pretexts for those who wish it to be believed that man cannot be governed but by a rod of iron: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism—free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go; and let the honest advocate of confidence read the Alien and Sedition acts, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits. Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on our President, and the President of our choice has assented to, and accepted over the friendly strangers to whom the mild spirit of our country and its laws have pledged hospitality and protection: that the men of our choice have more respected the bare suspicions of the President, than the solid right of innocence, the claims of justification, the sacred force of truth and the forms and substance of law and justice. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this commonwealth does therefore call on its co-States for an expression of their sentiments on the acts concerning aliens, and for the punishment of certain crimes herein before specified, plainly declaring whether these acts are or are not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this commonwealth in considering the said acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, (not merely in the cases made federal, ( casus fœderis, ) but) in all cases whatsoever, by laws made, not with their consent, but by others against their consent; that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories.
9th. Resolved, That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or persons who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of Assembly.
We formerly had a debtor creditor account of letters on farming; but the high price of tobo, which is likely to continue for some short time, has tempted me to go entirely into that culture, and in the meantime, my farming schemes are in abeyance, and my farming fields at nurse against the time of my resuming them. But I owe you a political letter. Yet the infidelities of the post office and the circumstances of the times are against my writing fully freely, whilst my own dispositions are as much against mysteries, innuendoes half-confidences. I know not which mortifies me most, that I should fear to write what I think, or my country bear such a state of things. Yet Lyon’s judges, and a jury of all nations, are objects of rational fear. We agree in all the essential ideas of your letter. We agree particularly in the necessity of some reform, and of some better security for civil liberty. But perhaps we do not see the existing circumstances in the same point of view. There are many consideration dehors of the State, which will occur to you without enumeration. I should not apprehend them, if all was sound within. But there is a most respectable part of our State who have been enveloped in the X. Y. Z. delusion, and who destroy our unanimity for the present moment. This disease of the imagination will pass over, because the patients are essentially republican. Indeed, the Doctor is now on his way to cure it, in the guise of a tax gatherer. But give time for the medicine to work, for the repetition of stronger doses, which must be administered. The principle of the present majority is excessive expense, money enough to fill all their maws, or it will not be worth the risk of their supporting. They cannot borrow a dollar in Europe, or above 2. or 3. millions in America. This is not the fourth of the expences of this year, unprovided for. Paper money would be perillous even to the paper men. Nothing then but excessive taxation can get us along; and this will carry reason reflection to every man’s door, and particularly in the hour of election. I wish it were possible to obtain a single amendment to our constitution. I would be willing to depend on that alone for the reduction of the administration of our government to the genuine principles of it’s constitution; I mean an additional article, taking from the federal government the power of borrowing. I now deny their power of making paper money or anything else a legal tender. I know that to pay all proper expences within the year, would, in case of war, be hard on us. But not so hard as ten wars instead of one. For wars would be reduced in that proportion; besides that the State governments would be free to lend their credit in borrowing quotas. For the present, I should be for resolving the alien sedition laws to be against the constitution merely void, and for addressing the other States to obtain similar declarations; and I would not do anything at this moment which should commit us further, but reserve ourselves to shape our future measures or no measures, by the events which may happen. It is a singular phenomenon, that while our State governments are the very best in the world, without exception or comparison, our general government has, in the rapid course of 9. or 10. years, become more arbitrary, and has swallowed more of the public liberty than even that of England. I enclose you a column, cut out of a London paper, to show you that the English, though charmed with our making their enemies our enemies, yet blush and weep over our sedition law. But I enclose you something more important. It is a petition for a reformation in the manner of appointing our juries, and a remedy against the jury of all nations, which is handing about here for signature, and will be presented to your house. I know it will require but little ingenuity to make objections to the details of its execution; but do not be discouraged by small difficulties; make it as perfect as you can at a first essay, and depend on amending its defects as they develop themselves in practice. I hope it will meet with your approbation patronage. It is the only thing which can yield us a little present protection against the dominion of a faction, while circumstances are maturing for bringing keeping the government in real unison with the spirit of their constituents. I am aware that the act of Congress has directed that juries shall be appointed by lot or otherwise, as the laws now (at the date of the act) in force in the several States provide. The New England States have always had them elected by their select men, who are elected by the people. Several or most of the other States have a large number appointed (I do not know how) to attend, out of whom 12. for each cause are taken by lot. This provision of Congress will render it necessary for our Senators or Delegates to apply for an amendatory law, accommodated to that prayed for in the petition. In the meantime, I would pass the law as if the amendatory one existed, in reliance, that our select jurors attending, the federal judge will, under a sense of right, direct the juries to be taken from among them. If he does not, or if Congress refuses to pass the amendatory law, it will serve as eye-water for their constituents. Health, happiness, safety esteem to yourself and my ever-honored antient friend, mr. Pendleton. Adieu.
The more I have reflected on the phrase in the paper you shewed me, the more strongly I think it should be altered. Suppose you were instead of the invitation to cooperate in the annulment of the acts, to make it an invitation “to concur with this commonwealth in declaring, as it does hereby declare, that the said acts are, and were ab initio, null, void and of no force, or effect”. I should like it better. Health, happiness, and Adieu.