To refer the power in question to the clause “to provide for the common defense and general welfare” would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would have the effect of giving to Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them, the terms “common defense and general welfare” embracing every object and act within the purview of a legislative trust. It would have the effect of subjecting both the Constitution and laws of the several States in all cases not specifically exempted to be superseded by laws of Congress, it being expressly declared “that the Constitution of the United States and laws made in pursuance thereof shall be the supreme law of the land, and the judges of every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.” Such a view of the Constitution, finally, would have the effect of excluding the judicial authority of the United States from its participation in guarding the boundary between the legislative powers of the General and the State Governments, inasmuch as questions relating to the general welfare, being questions of policy and expediency, are unsusceptible of judicial cognizance and decision.
A restriction of the power “to provide for the common defense and general welfare” to cases which are to be provided for by the expenditure of money would still leave within the legislative power of Congress all the great and most important measures of Government, money being the ordinary and necessary means of carrying them into execution.
If a general power to construct roads and canals, and to improve the navigation of water courses, with the train of powers incident thereto, be not possessed by Congress, the assent of the States in the mode provided in the bill cannot confer the power. The only cases in which the consent and cession of particular States can extend the power of Congress are those specified and provided for in the Constitution.
I am not unaware of the great importance of roads and canals and the improved navigation of water courses, and that a power in the National Legislature to provide for them might be exercised with signal advantage to the general prosperity. But seeing that such a power is not expressly given by the Constitution, and believing that it can not be deduced from any part of it without an inadmissible latitude of construction and a reliance on insufficient precedents; believing also that the permanent success of the Constitution depends on a definite partition of powers between the General and the State Governments, and that no adequate landmarks would be left by the constructive extension of the powers of Congress as proposed in the bill, I have no option but to withhold my signature from it, and to cherishing the hope that its beneficial objects may be attained by a resort for the necessary powers to the same wisdom and virtue in the nation which established the Constitution in its actual form and providently marked out in the instrument itself a safe and practicable mode of improving it as experience might suggest.
Altho’ your personal and official acquaintance with M r . J. Graham, 1 be well known to me, I can not, on the occasion of my final departure from the public service, satisfy myself, without expressing my sense of his great merit.
M r . Graham, recommended by my knowledge of his public agency abroad, and of his private virtues, was invited into the Department of State, as the chief under the Head of it, whilst the Department was in my hands. It was my wish, more than his own that was gratified by the appointment. And I have always considered it as the effect of an honorable desire to serve his country, combined with his personal political feelings, that he remained for so long a period, in a station, without the attractions, which could otherwise have detained him in it.
On these grounds, from continued varied opportunities of being intimately acquainted with M r . Graham, I not only take a pleasure, but feel an obligation, in saying that I regard him as among the most worthy of men, and most estimable of citizens; as adding to a sound discriminating judgment, a valuable stock of acquirements adapted to public affairs; and to both, a purity of character, a delicacy of sentiment, and an amenity of temper manners, exceeded in no instance to which I could refer.
With this view of his capacity to be useful to his country and the principles guarantying a proper exertion of it, I can not but hope that suitable occasions may present themselves for preventing a loss to the public of the services of a citizen, so highly entitled to its confidence.
With the highest consideration regard, I remain Yours.
I have received your favor of April 22d, with the two volumes bearing the name of Condorcet. If the length of time they remained in your hands had been in the least inconvenient to me, which was not the case, the debt would have been overpaid by the interesting observations into which you were led by your return of them.
The idea of a Government “in one centre,” as expressed and espoused by this Philosopher and his theoretic associates, seems now to be every where exploded. And the views which you have given of its fallacy will be a powerful obstacle to its revival anywhere. It is remarkable that in each of our States which approached nearest to the theory changes were soon made, assimilating their constitutions to the examples of the other States, which had placed the powers of Government in different depositories, as means of controlling the impulse and sympathy of the passions, and affording to reason better opportunities of asserting its prerogatives.
The great question now to be decided, and it is one in which humanity is more deeply interested than in any political experiment yet made, is, whether checks and balances sufficient for the purposes of order, justice, and the general good, may not be created by a proper division and distribution of power among different bodies, differently constituted, but all deriving their existence from the elective principle, and bound by a responsible tenure of their trusts. The experiment is favored by the extent of our Country, which prevents the contagion of evil passions; and by the combination of the federal with the local systems of Government, which multiplies the divisions of power, and the mutual checks by which it is to be kept within its proper limits and direction. In aid of these considerations much is to be hoped from the force of opinion and habit, as these ally themselves with our political institutions. I am running, however, into reflections, without recollecting that all such must have fallen within the comprehensive reviews which your mind has taken of the principles of our Government, and the prospects of our Country.
I have always been much gratified by the favorable opinion you have been pleased occasionally to express of the public course pursued while the Executive trust was in my hands, and I am very thankful for the kind wishes you have added to a repetition of it. I pray you to be assured of the sincerity with which I offer mine, that a life may be prolonged which continues to afford proofs of your capacity to enjoy and make it valuable.
I have rec d . your letter of the 18th inst. informing me that “the Am n . Society for the encouragement of domestic Manufactures” have been pleased to elect me one of its members.
Altho’ I approve the policy of leaving to the sagacity of individuals, and to the impulse of private interest, the application of industry capital, I am equally persuaded, that in this as in other cases, there are exceptions to the general rule, which do not impair the principle of it. Among these exceptions, is the policy of encouraging domestic manufactures, within certain limits, and in reference to certain articles.
Without entering into a detailed view of the subject, it may be remarked, that every prudent Nation will wish to be independent of other Nations for the necessary articles of food, of raiment, and of defence; and particular considerations applicable to the U. S. seem to strengthen the motives to this independence.
Besides the articles falling under the above description, there may be others for manufacturing which, natural advantages exist, which require temporary interpositions for bringing them into regular successful activity.
When the fund of industry is acquired by emigrations from abroad, and not withdrawn or with-held, from other domestic employments, the case speaks for itself.
I will only add, that among the articles of consumption and use the preference in many cases, is decided merely, by fashion or by habits. As far as an equality, and still more where a real superiority is found in the articles manufactured at home, all must be sensible that it is politic and patriotic to encourage a preference of them, as affording a more certain source of supply for every class, and a more certain market for the surplus products of the agricultural class.
With these sentiments, I beg you to make my acknowledgments for the mark of distinction conferred on me; and which I accept from a respect for the Society and for its objects rather than from any hope of being useful as a Member.
To yourself Sir, I tender my friendly respects.
I have rec d . your two favors of the 18 20th inst. 1 I am promised a visit from Mr. Jefferson the ensuing month, and shall not fail to communicate to him the one you note for that purpose.
I readily conceive that Mr. Correa, 2 may feel some conflict in his present position, between his two characters of Philanthropist and Plenipotentiary; and that he may infer some indulgence towards the latter from a respect to the former. He ought not however to impose on you a conflict between this kind feeling in the Gov t . and its self-respect. It is both illiberal impolitic, and necessarily extorts the admonitions you so gently convey to him.
In assuming a guardianship of our character in Europe, he committed to say the least, a marked indelicacy; and his avowed resort to the Press as the medium of giving information to the public here, was a still greater aberration. His regard for our National reputation if sincere, might have been manifested in a less exceptionable mode, than in an official conversation. And his consciousness of the wrongfulness of a direct communication to the people, is betrayed by the flimsiness of his apology. A silly reason from a wise man is never the true one.
The British doctrine of Blockades has given rise to error irregularity in the practice of other nations. In strictness, the blockade notifies itself, and no other notification can be admitted by Neutrals who understand their rights as having any other effect, than as a friendly caution ag st a probable danger. But even in this sense, the notification ought to be to the Gov t . which may make the use of it deemed proper. This Gov t . has never formally promulgated the blockades, more than any other regulations of foreign Gov ts . The most that seems admissible in such cases, is to let the public be informally apprized of them that individuals may not ignorantly incur just penalties. In one instance an answer was given by the Dep t . of State to a notification of a B. Blockade by Mr. Merry, which according to my recollection explained the sense in which it was rec d . and precluded the idea, that anything short of an actual attempt to violate a legal blockade, could subject neutral vessels to interruption on the high seas. Notwithstanding these views of the subject, I am not sure, that foreign Consuls in our ports may not have addressed notifications to our Merchants through the Newspapers. And it may be worth enquiry whether something of the sort was not done by Mr. Onis, perhaps prior to his reception as public Minister.
It is to be regretted that any difficulties should have arisen with Portugal, the only recognized Nation, beside ourselves on this Hemisphere, and particularly that the most enlightened and esteemed foreigner among us should be the pivot on which they turn. It is not the less necessary however, to make these considerations, as you are making them, subordinate to the rights of our Country and the honor of its Gov t . As far as these will permit, conciliation can in no case be more properly intermingled.
May not the event at Pernambuco, if not caused by actual oppression, tend to give at the present moment an unfavorable turn to the sentiment of European Sovereigns in relation to the revolutionary Scene in S. America? The struggle of the Spanish part of it having the appearance of shaking off a foreign yoke, appeals merely to the interest sympathy of those Sovereigns. That in the Brazils, may be viewed by them as an attack on a domestic throne; and as adding an example in the New World, to those which have inspired so much alarm in the Old.
Your favor of the 24 th . has just been rec d . I am fully aware of the load of business on your hands preparatory to the meeting of Congress. The course you mean to take in relation to Roads Canals, appears to be best adapted to the posture in which you find the case. A reluctance has generally been felt to include amendments to the Constitution among Executive recommendations to Cong s . but it seems to be called for on the present occasion as preferable to arresting their deliberations, by a notice though the result will be negatived, or to meeting the result with an unexpected negative. For myself, I had not supposed that my view 1 of the Constitution could have been unknown, and I felt with great force the delicacy of giving intimations of it, to be used as a bar or a clog to a depending measure.
The expediency of vesting in Cong s a power as to roads Canals I have never doubted, and there has never been a moment when sucha proposition to the States was so likely to be approved. A general power to establish Seminaries, being less obvious and affecting more the equilibrium of influence between the National State Gov ts . is a more critical experiment. The feelings awakened by the proposed University within the Congressional District, are a proof of the opposition which may be looked for. I should consider it as at least essential that the two propositions whatever may be the modification of the latter sh d . be so distinct, that the rejection of the one by the States should not be inconsistent with the adoption of the other.
It is very grateful to have such an overflowing Treasury, especially when every other nation is on the brink, if not in the abyss of bankruptcy. A natural effect is, the prevailing desire that the taxes may be reduced, particularly the internal taxes which are most seen felt. May it not however deserve consideration whether the Still tax which is a moralizing as well as a very easy, productive tax w d . not be advantageously retained, even at the expence of revenue from foreign trade. Why not press on the Whisky drinkers rather than the Tea Coffee drinkers, or the drinkers of the lighter kinds of Wine. The question will depend much I am aware on the public opinion and on the expence of collecting a solitary internal tax, both of which points will be better understood in the Cabinet than they can be by the fireside, and in the result there I shall rest with perfect confidence. I make the same remark with respect to the influence which the disbanding at this moment of a conspicuous portion of our fiscal strength may have on the calculations of any other power, particularly Spain.
Health prosperity.
The mail of Saturday brought me the Copy of your message. It is a fine landscape of our situation; and cannot fail to give pleasure at home, and command respect abroad. The recommendation of a repeal of taxes, is happily shaped: so also the introduction of the subject of Amending the Constitution. The only questions which occur relate to the proposed suppression of the establishment at Amelia Island, not within our territorial claim; and to the latitude of the principle on which the right of a Civilized people is asserted over the lands of a savage one. I take for granted that the first point was well considered. And the latter may be susceptible of qualifying explanations. I observe you say nothing of a remodelling of the Judiciary. Perhaps you may have in reserve a special message, or you may think it best to let the subject originate in Congress; or it may not appear to you in the light it does to me. I have long thought a systematic change in that Dep t . proper; and should have pressed it more when in office, but for the circumstance, that it involved a personal accommodation where I might be supposed to feel an interest biasing my judgment, and diminishing the attention paid to my opinion.
I rec d . two days ago your favor of the 15 with the written printed accompaniments.
I am glad to find that your personal interviews with Mr. Bentham afforded an entertainment which may have been some recompence for the trouble which I contributed to give you in relation to him. 1 The celebrity which this Philosophic politician has acquired abroad as well as in his own Country, does not permit one to doubt the extent of his capacity or of his researches; and there is still less room to question the philanthropy which adorns his character. It is unfortunate that he has not added to his merits a style and manner of conveying his ideas which would do more justice to their profoundness and importance. With all his qualifications however I greatly overrate or he greatly underrates the task in which he has been so anxious to employ his intellectual labors and treasures, for the reformation of our Code of laws, especially in the advanced age at which the work was to be commenced. And I own that I find some difficulty in reconciling the confidence he feels in the adequacy of his powers not only for a digest of our Statutes into a concise and clear system, but a reduction of our unwritten to a text law, with that penetrating and accurate judgment for which he has the reputation. The disinterestedness and friendly zeal, nevertheless, which dictated the offer of his services to our Country are entitled to its acknowledgments, and no one can join in them with more cordiality than myself.
I have looked over return the letters from Gov r . Plumer and his son. The work conceived by the latter, and the manner in which he has presented an outline of it, indicate talents which merit cultivation encouragement. The best answer I can give to your communication on the subject of his wish for a copy of the Journal of the Convention, is to state the circumstance, that at the close of the Convention, the question having arisen what was to be done with the Journal the other papers, and it being suggested that they ought to be either destroyed or deposited in the Custody of the Presid t . it was determined that they should remain in his hands subject only to the orders of the National Legislature. Whether a publication of them ought to be promoted, as having a useful tendency, you will probably be better able to decide, on a perusal of the document than one who cannot take the same abstract view of the subject. 1
I cannot be insensible to the terms in which you refer to the official relations which have subsisted between us, but must disclaim the obligations which you consider as lying on your side. The results of what took place on mine prove that I only avoided the demerit of a different course. Be pleased Sir to accept assurances of my continued esteem and of my friendly respects.
I have rec d . your favor of the 18th, inclosing the Report on Roads Canals. 2
I respect too much the right and the duty of the Rep s of the people to examine for themselves, the merits of all questions before them, and am too conscious of my own fallibility, to view the most rigid critical examination of the particular question referred to your Committee, with any other feeling than a solicitude for a result favorable to truth and the public good.
I am not unaware that my belief, not to say knowledge of the views of those who proposed the Constitution, and, what is of more importance my deep impression as to the views of those who bestowed on it the stamp of Authority, may influence my interpretation of the Instrument. On the other hand it is not impossible, that those who consult the Instrument without a danger of that bias, may be exposed to an equal one in their anxiety to find in its text an authority for a particular measure of great apparent Utility.
I must pray you, my dear Sir, to be assured that, altho’ I cannot concur in the latitude of Construction taken in the Report, or in the principle that the Consent of States, even of a single one, can enlarge the jurisdiction of the Gen l . Gov t or in the force extent allowed to precedents analogies introduced into the Report, I do not permit this difference of opinion to diminish my esteem for the talents, or my confidence in the motives of its Author. I am far more disposed to acknowledge my thankfulness, for the polite attention shewn in forwarding the document, and for the friendly expressions which accompanied it. Be pleased to accept a sincere return of them.
Your favor of the 22d has been duly rec d . I am so much aware that you have not a moment to spare from your public duties, that I insist on your never answering my letters out of mere civility. This rule I hope will be applied to the present as well as future letters.
My quere as to the expedition ag ts . Amelia Island turned solely on the applicability of the Executive power to such a case. That relating to the right to Indian lands was suggested by the principle which has limited the claim of the U. S. to a right of pre-emption. It seemed also that an unqualified right of a Civilized people to land used by people in the hunter-state, on the principle that the earth was intended for those who would make it most conducive to the sustenance increase of the human race, might imply a right in a people cultivating it with the Spade, to say to one using the plow, either adopt our mode, or let us substitute it ourselves. It might also be not easy to repel the claims of those without land in other Countries, if not in our own, to vacant lands within the U. S. likely to remain for a long period unproductive of human food. The quere was not meant to contest the doctrine of the Message, under qualifications which were probably entertained without being specified.
The Cumberland road having been a measure taken during the administration of Mr. Jefferson, and, as far as I recollect, not then brought to my particular attention, I cannot assign the grounds assumed for it by Congress, or which produced his sanction. I suspect that the question of Constitutionality was but slightly if at all examined by the former. And that the Executive assent was doubtingly or hastily given. Having once become a law, and being a measure of singular utility, additional appropriations took place, of course under the same Administration, and, with the accumulated impulse thence derived, were continued under the succeeding one, with less of critical investigation perhaps than was due to the case. Be all this as it may, the case is distinguished from that now before Congress, by the circumstances 1. that the road was undertaken essentially for the accommodation of a portion of the Country with respect to which Cong s . have a general power not applicable to other portions. 2. that the funds appropriated, which alone have been applied, were also under a general power of Cong s . not applicable to other funds. As a precedent, the case is evidently without the weight allowed to that of the National Bank which had been often a subject of solemn discussion in Cong s . had long engaged the critical attention of the public, and had received reiterated deliberate sanctions of every branch of the Gov t ., to all which had been superadded many positive concurrences of the States, and implied ones by the people at large. The Bank case is analogous to that of the Carriage tax, which was generally regarded by those who opposed the Bank as a direct tax therefore unconstitutional, and did not receive their acquiescence untill these objections were superseded by the highest Judicial as well as other sanctions. As to the case of post roads military roads; instead of implying a general power to make roads, the constitutionality of them must be tested by the bona fide object of the particular roads. The Post cannot travel, nor troops march without a road. If the necessary roads cannot be found, they must of course be provided.
Serious danger seems to be threatened to the genuine sense of the Constitution, not only by an unwarrantable latitude of construction, but by the use made of precedents which cannot be supposed to have had in the view of their Authors, the bearing contended for, and even where they may have crept, thro’ inadvertence, into acts of Cong s been signed by the Executive at a midnight hour, in the midst of a group scarcely admitting perusal, under a weariness of mind as little admitting a vigilant attention.
Another perhaps a greater danger is to be apprehended from the influence which the usefulness popularity of measures may have on questions of their Constitutionality. It is difficult to conceive that any thing short of that influence c d . have overcome the constitutional and other objections to the Bill on roads Canals which passed the 2 Houses at the last Session.
These considerations remind me of the attempts in the Convention to vest in the Judiciary Dep t . a qualified negative on Legislative bills. Such a Controul, restricted to Constitutional points, besides giving greater stability system to the rules of expounding the Instrument, would have precluded the question of a Judiciary annulment of Legislative Acts. But I am running far beyond the subject presented in your letter, and will detain you no longer than to assure you of my highest respect sincerest regard.
I have rec d your letter of the 25th Ult. 1
Believing that the late war merits a historical review penetrating below the surface of events, and beyond the horizon of unexpanded minds, I am glad to learn that the task is contemplated by one whose talents, and, what is not less essential, whose fairness of dispositions, are entitled to so much confidence. Whatever be the light in which any individual actor on the public Theatre may appear, the contest exhibited in its true features cannot fail to do honor to our Country; and, in one respect particularly, to be auspicious to its solid lasting interest. If our first struggle was a war of our infancy, this last was that of our youth; and the issue of both, wisely improved, may long postpone, if not forever prevent, a necessity for exerting the strength of our manhood.
With this view of the subject, and of the hands into which it is falling, I cannot be unwilling to contribute to the Stock of Materials. But you much overrate I fear, “my private papers,” as distinct from those otherwise attainable. They consist for the most part of my correspondence with the heads of Departments, particularly when separated from them, and of a few vestiges remaining of Cabinet Consultations. It has been my purpose to employ a portion of my leisure, in gathering up and arranging these, with others relating to other periods of our public affairs; and after looking over carefully the first, I shall be better able to judge how far, they throw any valuable rays on your object, and are of a nature not improper for public use.
Be pleased, Sir, to accept assurances of my esteem and cordial respects.
I have rec d . your letter of the 19th, and in consequence of the request it makes, I send you a Copy of the 1 st . Edition of the “Federalist,” with the names of the writers prefixed to their respective numbers. 1 Not being on the spot, when it was in the Press, the errors now noted in mine were not then corrected. You will be so good as to return the 2 vol s when convenient to you.
The 2 d Edition of the Work comprised a pamphlet ascribed to one of its Authors. The pamphlet had no connection with the Plan to which the others were parties, and contains a comment on an important point in the Constitution, which was disapproved by one of them who published an answer to it.
I take the liberty of suggesting that as comparative views frequently occur in the work of the original “Articles of Confederation” and The Constitution by which it was superseded it might be convenient to the Reader to have the former as well as the latter prefixed to the Commentary on both.
I have rec d . your letter of the 6th, 1 with the eloquent discourse delivered at the Consecration of the Jewish Synagogue. Having ever regarded the freedom of religious opinions worship as equally belonging to every sect, the secure enjoyment of it as the best human provision for bringing all either into the same way of thinking, or into that mutual charity which is the only substitute, I observe with pleasure the view you give of the spirit in which your Sect partake of the blessings offered by our Gov t . and Laws.
As your foreign Mission took place whilst I was in the Administration, it cannot but be agreeable to me to learn that your acc ts . have been closed in a manner so favorable to you. And I know too well the justice candor of the present Executive to doubt, that an official [illegible] will be readily allowed to explanations necessary to protect your character against the effect of any impressions whatever ascertained to be erroneous. It is certain that your religious profession was well known at the time you rec d . your Commission; and that in itself could not be a motive for your recall.
I thank you Sir for your friendly wishes and tender you mine.
On my return two days ago from a meeting appointed to report to the Legislature of the State a proper Site for a University, I found your obliging favor of the 25, Ult: with its inclosed copies of D r . Mayhews sermon. I have read with pleasure this symbol of the political tone of thinking at the period of its original publication. The Author felt the strength of his argument, and has given a proof of his own.
Your remark is very just on the subject of Independence. It was not the offspring of a particular man or a particular moment. If Mr. Wirt be otherwise understood in his life of Mr. Henry, I cannot but suppose that his intention has been not clearly expressed, or not sufficiently scrutinized. Our forefathers brought with them the germ of Independence, in the principle of self-taxation. Circumstances unfolded perfected it.
The first occasion which aroused this principle, was, if I can trust my recollection, the projected Union at Albany in 1754, when the proposal of the British Gov t . to reimburse its advances for the Colonies by a Parliamentary tax on them was met by the letter from D r . Franklin to Governor Shirley, pointing out the unconstitutionality, the injustice, and the impolicy of such a tax.
The opposition discussions produced by the Stamp subsequent Acts of Parliament, make another stage in the growth of Independence. The attempts to distinguish between legislation on the subject of taxes, and on other subjects, terminated in the disclosure that no such distinction existed.
And these combats against the arrogated Authority of the British Legislature paved the way for burying in the same grave with it, the forfeited Authority of the British King.
If the merit of Independence as declared in 1776 is to be traced to Individuals, it belongs to those who first meditated the glorious measure, who were the ablest in contending for it, who were the most decided in supporting it. Future times will be disposed to apportion this merit justly, and the present times ought to bequeath the means for doing it, unstained with the unworthy feelings which you so properly deprecate.
Be pleased Sir to accept renewed assurances of my great esteem best wishes.
I have duly rec d yours of the 27th Ult: I am very sorry that I shall not be able to have the pleasure of joining you at the Meeting of the Visitors. We must await, therefore that of seeing you Mrs. M. on your way to Washington; and hope you will set out in time to spare us some days.
The communications from Mr. Rush are very interesting. G. B. seems so anxious to secure the general trade with the U. S. and at the same time to separate that from the question of the colonial trade, that I fear she will use means to struggle ag st . a change in the latter. I had not understood that the renewal of the existing Treaty 1 was desired by our merch ts . ship owners, unless coupled with a reciprocity in the colonial trade, and had supposed that by making the latter a condition of the former, it w d . be the more attainable, especially as it w d . be more easy for the B. Ministry to find a cover for the concession in a mixed than a simple transaction. I readily presume however that the official views of the subject are the result of much better estimates than my information can furnish. Were it practicable it w d . be an agreeable precedent to effectuate a treaty making no distinction between Colonial other ports of the same nation, as no distinction is made between our ports. I have no doubt that this will Ultimately be the case in all our Treaties; but we must move in concert with one great good Ally, Time.
It proves as all of us suspected that the sauciness of Spain proceeded from her expectation of being powerfully backed in Europe. The situation of G. B. is a little envious and not a little perplexing. She sees the jealousy of the Continental powers, and endeavors to manage it by acquiescing in the proposed mediation between Spain S. America, by protesting ag st . peculiar advantages in the trade of the latter. On the other hand she wishes to stand as well as possible with the revolutionary countries, does not wish the U. S. to be ahead of her in countenancing them. It would be a fortunate thing, if she could be prevailed on to unite with our views, instead of inviting a union of ours with hers. If she restricts the mediation to an advisory one, a great point will be gained for all parties. In every view it is very gratifying to find her become so much disposed to meet the U. S. in that conciliatory policy for w ch they have so long kept the way open, which is so evidently the true interest of both parties.
I have received your letter of the 22 ult: and enclose such extracts from my notes relating to the two last days of the Convention, as may fill the chasm in the Journals, according to the mode in which the proceedings are recorded.
Col. Hamilton did not propose in the Convention any plan of a Constitution. He had sketched an outline which he read as part of a speech; observing that he did not mean it as a proposition, but only to give a more correct view of his ideas.
M r . Patterson regularly proposed a plan which was discussed voted on.
I do not find the plan of M r . Charles Pinkney among my papers.
I tender you, Sir, assurances of my great respect and esteem.
Your favor of the 23d having passed on to Milton whence it came back to Orange Court House I did not receive it until yesterday.
I am glad to find that our proportion of Shipping in the direct trade with G. B. is increasing. It must continue to do so under an established reciprocity, with regard to the trade with the B. Colonies, whether that be founded on the admission or exclusion of the ships of both Countries.
I thank you for the printed Copy of the documents relating to our long controversy with Spain. 1 It forms a valuable continuation of the State papers already published.
It is pleasing to see proofs of the growing respect for us among the great powers of Europe; which must be cherished and enhanced by the current developments of a just and elevated policy on the part of the United States. Is it not worth while to found on this respect an experiment to draw Russia and France who particularly profess it, into our liberal and provident views in favor of S. America. The great work of its emancipation would then be compleated per saltum; for Great Britain could not hold back if so disposed, and Spain would have no choice but acquiescence.
The inference of Mr. Rush from the circumstances of his last interview with Lord Castle[reagh]: in the moment of his departure for Aix la Chapelle, is as judicious as it is favorable to our hopes of terminating the Thorny question of impressment. The British Cabinet gave up its sine qua non in order to get rid of a war with us at a crisis rendering it embarrassing to its affairs internal and external. It may be equally ready to obviate by another sacrifice the danger of one which might be not less embarrassing in both respects. Impressment and peace, it must now be evident, are irreconcilable. It will be happy if the apparent disposition to yeild in this case be carried into effect; and it may be hoped the same flexibility may be extended to the case of blockades, which in the event of a maritime war in Europe would have a like tendency with impressments. The remaining danger to a permanent harmony would then lie in the possession of Canada; which as Great B. ought to know, whenever rich enough to be profitable, will be strong enough to be independent. Were it otherwise, Canada can be of no value to her, when at war with us; and when at peace, will be of equal value, whether a British Colony or an American State. Whether the one or the other the consumption of British Manufactures export of useful materials will be much the same. The latter would be guarded even ag st a tax on them by an Article in our Constitu n .
But notwithstanding the persuasive nature of these considerations there is little probability of their overcoming the national pride which is flattered by extended dominion; and still less perhaps ministerial policy always averse to narrow the field of patronage. As far as such a transfer would affect the relative power of the two Nations, the most unfriendly jealousy could find no objection to the measure; for it would evidently take more weakness from G. B. than it would add strength to the U. S. In truth the only reason we can have to desire Canada, ought to weigh as much with G. B. as with us. In her hands it must ever be a source of collision which she ought to be equally anxious to remove; and a Snare to the poor Indians towards whom her humanity ought to be equally excited. Interested individuals have dwelt much on its importance to G. B. as a channel for evading crippling our commercial laws. But it may well be expected that other views of her true interest will prevail in her councils, if she permits experience to enlighten them. I return the private letter you enclosed from Mr. Rush.
I rec d by the last mail your favor of the 7th. The death of Gen l . Mason with the manner of it is an event truly lamentable. The only alleviation it admits is in the hope that its admonitions will not be fruitless.
The Newspapers from Washington not having come to hand regularly of late, and other matters having engaged my attention, I am but partially acquainted with what has passed in Congress on the subject of the proceedings in Florida. 1 The views of the Ex. could not certainly have been better directed than to the objects of shielding the Constitution, silencing Spain her allies, turning every thing to the best account for the nation. It will be a most happy termination of the business if Onis sh d . make good the prospect of the desired accommodation of our affairs with Spain.
It would be a happiness also, if the subject as it relates to Gen l . Jackson could have an issue satisfactory to his feelings to the scruples of his friends admirers. Mr. Adams has given all its lustre to the proof that the conduct of the General is invulnerable to complaints from abroad; and the question between him his Country ought to be judged under the persuasion that if he has erred it was in the zeal of his patriotism, and under a recollection of the great services he has rendered.
You have seen the agreeable result at Richmond to the Report of the University Commissioners. I do not know what steps have been taken for carrying the law into execution.
I have heard nothing from or of Mr. Jefferson since the visit of D r Eustis myself to Monticello. I mentioned to you the state of his health at that time our hopes that it would be soon entirely restored. It is to be wished that he may witness guide the launching of the Institution which he put on the stocks, and the materials for which were supplied from his Stores.
I have received your favor of the 13th. I beg that you will not think of the pecuniary subject until it be in every respect perfectly convenient to you.
The real sense of the nation with respect to the Revolutionary struggle in South America cannot, I should suppose, be mistaken. Good wishes for its success, and every lawful manifestation of them, will be approved by all, whatever may be the consequences. The nation will equally disapprove any measures unnecessarily involving it in the danger of a war, which might even do less good to the Spanish patriots than harm to the United States, or any underhand measures bringing a just stain on the national character. Those who are most disposed to censure the tardiness of the Executive in acknowledging the Independence of Buenos Ayres, which alone has the appearance of having reached maturity, should recollect that it was never declared until July, 1806, and that it has been rendered uncertain whether the declaration would preclude a modified re-establishment of a dependent State.
The account of Mr. Rush’s conversation must be founded at least in some egregious mistake. No one who is acquainted with his good sense, his self-command, his official habits, and his personal dispositions, can easily believe that he would commit either the Executive or himself in the manner stated, and still less that he would have withheld what he had done from you. Besides, what considerate citizen could desire that the Government should purchase Florida from such an adventurer as M c Gregor, 1 whose conquest, if a real one, could give no title that would he alienable, before it should be consummated by a termination of the contest between the parties? The purchase of such a title from such a quarter would have exposed the United States to the utmost odium as to the mode of gaining the possession, without any greater security for keeping it than would attend a direct seizure on the plea of an obstinate refusal to pay an acknowledged debt.
I perceive that I am indebted to you for the copy of an Agricultural Almanack and Memorial brought me by a late mail; for which I offer my thanks. Accept them also for the copy of Mr. Rawle’s Address which you have been so kind as to send me. 1
I am particularly pleased with your scheme of a “Pattern farm.” There is no form in which Agricultural instruction can be so successfully conveyed. Nor is there any situation so favorable for the establishment of them as the neighbourhood of a large commercial City. The vessels going thence to every part of the Globe can obtain from our Consuls or from mercantile correspondents, specimens of every article vegetable animal, which deserve experiment; and from such a position, the fruits of successful experiments can be conveniently diffused by water as well as by land. The only objection likely to be started is the expence. But I do not see that even this extends much if at all beyond the outfit. A small proportion only of the experiments would be a dead loss; Whilst many would yield lucrative samples for distributive sale.
The subject of Mr. Rawle’s Address is an important one, and he has handled it with the Ability of which he enjoys the reputation. My own ideas run much in the same channel with his. Our kind reception of emigrants is very proper, but it is dictated more by benevolent than by interested considerations, tho’ some of them seem to be very far from regarding the obligations as lying on their side. I think he has justly graduated also the several classes of emigrants. The Cultivators of the soil are of a character and in so minute a proportion to our Agricultural population, that they give no foreign tint whatever to its complexion. When they come among us too, it is with such a deep feeling of its being for good all, that their adopted Country soon takes the place Of a native home. These remarks belong in a considerable degree to the Mechanical class. The mercantile class, has different features. Their proportional number, their capital or their credit, and their intelligence often, give them pretensions, and even an influence among the native class which you can better appreciate perhaps than I can. They are also less permanently tied to their new Country by the nature of their property pursuits than either of the other classes a translation of them to another being more easy. And even after naturalization, the rights involved in their native allegiance, facilitate violations of the duties of their assumed one. According to the general laws of Europe, no emigrant ceases to be a subject. With this double aspect, I believe it cannot be doubted that naturalized Citizens among us have found it more easy than native ones to practise certain frauds. I have been led to think it worthy of consideration whether our law of naturalization might not be so varied as to communicate the rights of Citizens by degrees, and in that way, preclude or abridge the abuses committed by naturalized merchants particularly Ship owners. The restrictions w d . be felt it is true by meritorious individuals, of whom I could name some you doubtless more, but this always happens in precautionary regulations for the general good. But I forget that I am only saying what Mr. Rawle has much better told you, or what, if just, will not have escaped your own reflections.
I wish you health every other happiness.
I rec d . some days ago your letter of Feb y 15, in which you intimate your intention to vindicate our Country against misrepresentations propagated abroad, and your desire of information on the subject of Negro slavery, of moral character, of religion, and of education in Virginia, as affected by the Revolution, and our public Institutions.
The general condition of slaves must be influenced by various causes. Among these are 1. the ordinary price of food, on which the quality and quantity allowed them will more or less depend. This cause has operated much more unfavorably against them in some quarters than in Virg a . 2. the kinds of labour to be performed, of w ch the Sugar Rice plantations afford elsewhere not here unfavorable examples. 3. the national spirit of their Masters, which has been graduated by Philosophical writers among the slaveholding Colonies of Europe. 4. the circumstance of conformity or difference in the physical characters of the two classes; such a difference cannot but have a material influence, and is common to all the slave-holding Countries within the American Hemisphere. Even in those where there are other than black slaves, as Indians mixed breeds, there is a difference of Colour not without its influence. 5. the proportion which the slaves bear to the free part of the community, and especially the greater or smaller numbers in which they belong to individuals.
This last is, perhaps, the most powerful of all the causes deteriorating the condition of the slave, and furnishes the best scale for determining the degree of its hardship.
In reference to the actual condition of slaves in Virg a . it may be confidently stated, as better beyond comparison, than it was before the Revolution. The improvement strikes every one who witnessed their former condition, and attends to their present. They are better fed, better clad, better lodged, and better treated in every respect: insomuch that what was formerly deemed a moderate treatment, w d . now be a rigid one, and what formerly a rigid one, would now be denounced by the Public feeling. With respect to the great article of food particularly it is a common remark among those who have visited Europe, that it includes a much greater proportion of the animal ingredient, than is attainable by the free labourers even in that quarter of the Globe. As the two great causes of the general melioration in the lot of the slaves since the establishment of our Independence, I should set down 1. the sensibility to human rights, and sympathy with human sufferings excited and cherished by the discussions preceding, the spirit of the Institutions growing out of, that event. 2. the decreasing proportion which the slaves bear to the individual holders of them; a consequence of the abolition of entails, the rule of primogeniture, and of the equalizing tendency of parental affection unfettered from all prejudices, as well as from the restrictions of law.
With respect to the moral features of Virg a . it may be observed, that pictures which have been given of them are, to say the least, outrageous caricatures even when taken from the state of Society previous to the Revolution; and that so far as there was any ground or colour for them, then, the same cannot be found for them now.
Omitting more minute or less obvious causes tainting the habits and manners of the people under the Colonial Gov t ., the following offer themselves. 1. the negro slavery chargeable in so great a degree on the very quarter which has furnished most of the libellers. It is well known that during the Colonial dependence of Virg a . repeated attempts were made to stop the importation of slaves each of which attempts was successively defeated by the foreign negative on the laws, and that one of the first offsprings of independent Republican legislation was an Act of perpetual prohibition. 2. the too unequal distribution of property favored by laws derived from the British code, which generated examples in the opulent class inauspicious to the habits of the other classes. 3. the indolence of most the irregular lives of many of the established Clergy, consisting, in a very large proportion, of foreigners, and these in no inconsiderable proportion, of men willing to leave their homes in the parent Country where their demerit was an obstacle to a provision for them, and whose degeneracy here was promoted by their distance from the controuling eyes of their kindred friends, by the want of Ecclesiastical superiors in the Colony, or efficient ones in G. B. who might maintain a salutary discipline among them, and finally by their independence both of their congregations and of the Civil authority for their stipends. 4. A source of contagious dissipation might be traced in the British Factors chiefly from Scotland, who carried on the general trade external internal of the Colony. These being interdicted by their principals from marrying in the Country, being little prone to apply their leisure to intellectual pursuits, and living in knots scattered in small towns or detached spots affording few substitutes of social amusement easily fell into irregularities of different sorts, and of evil example. I ought not however to make this remark, without adding not only that there were exceptions to it, but that those to whom the remark is applicable, often combined with those traits of character others of a laudable amiable kind. Such of them as eventually married settled in the Country were in most cases remarked for being good husbands, parents masters, as well as good neighbours as far as was consistent with habits of intemperance, to which not a few became victims. The weight of this mercantile class, in the community may be inferred from the fact that they had their periodical meetings at the seat of Gov t . at which they fixed the rate of foreign exchange, the advance on their imported merchandise universally sold on credit, and the price of Tob o . the great indeed the only staple commodity for exportation; regulations affecting more deeply the interests of the people at large, than the ordinary proceedings of the Legislative Body. As a further mark of their importance, their influence as creditors was felt in elections of the popular branch of that Body. It had the common name of the Ledger interest. 5. Without laying undue stress on it, I may refer to the rule of septennial elections for the Legislature, which led of course to the vitiating means to which candidates are more tempted to resort by so durable, than by a shorter, period of power.
With the exception of slavery these demoralizing causes have ceased or are wearing out; and even that as already noticed, has lost no small share of its former character. On the whole the moral aspect of the State may at present be fairly said to bear no unfavorable comparison with the average standard of the other States. It certainly gives the lie to the foreign Calumniators whom you propose to arraign.
That there has been an increase of religious instruction since the revolution can admit of no question. The English church was originally the established religion; the character of the clergy that above described. Of other sects there were but few adherents, except the Presbyterians who predominated on the W. side of the Blue Mountains. A little time previous to the Revolutionary struggle the Baptists sprang up, and made a very rapid progress. Among the early acts of the Republican Legislature, were those abolishing the Religious establishment, and putting all Sects at full liberty and on a perfect level. At present the population is divided, with small exceptions, among the Protestant Episcopalians, the Presbyterians, the Baptists the Methodists. Of their comparative numbers I can command no sources of information. I conjecture the Presbyterians Baptists to form each ab t . a third, the two other sects together of which the Methodists are much the smallest, to make up the remaining third. The Old churches, built under the establish t . at the public expence, have in many instances gone to ruin, or are in a very dilapidated state, owing chiefly to a transition desertion of the flocks to other worships. A few new ones have latterly been built particularly in the towns. Among the other sects, Meeting Houses, have multiplied continue to multiply; tho’ in general they are of the plainest and cheapest sort. But neither the number nor the style of the Religious edifices is a true measure of the state of religion. Religious instruction is now diffused throughout the Community by preachers of every sect with almost equal zeal, tho’ with very unequal acquirements; and at private houses open stations and occasionally in such as are appropriated to Civil use, as well as buildings appropriated to that use. The qualifications of the Preachers, too among the new sects where there was the greatest deficiency, are understood to be improving. On a general comparison of the present former times, the balance is certainly vastly on the side of the present, as to the number of religious teachers the zeal which actuates them, the purity of their lives, and the attendance of the people on their instructions. It was the Universal opinion of the Century preceding the last, that Civil Gov t . could not stand without the prop of a Religious establishment, that the X n . religion itself, would perish if not supported by a legal provision for its Clergy. The experience of Virginia conspicuously corroborates the disproof of both opinions. The Civil Gov t . tho’ bereft of everything like an associated hierarchy possesses the requisite stability and performs its functions with complete success; Whilst the number, the industry, and the morality of the Priesthood, the devotion of the people have been manifestly increased by the total separation of the Church from the State.
On the subject of education I am not eno’ informed to give a view of its increase. The system contemplated by the literary fund cannot yet be taken into the estimate, farther than as it may be an index of the progress of knowledge prerequisite to its adoption. Those who are best able to compare the present intelligence of the Mass of the people, with that antecedent to the revolution, will all agree I believe, in the great superiority of the present.
I know not how far these notices may fall within the precise scope of your meditated Exposition. Should any of them do so, I communicate them with pleasure; well assured that they will be in good hands for a good purpose. The only restriction I wish in the use of them is that my name may not be referred to.
In compliance with your request I send a copy of the observations addressed to the Agricult: Soc y . of Albemarle. I regret that they are not more worthy of the place to which you destine them. I am not unaware that some of the topics introduced may be interesting ones; but they required a development very different from that which I gave them.
As you intend to notice the variance between my statement and that of Mr. Hamilton relating to certain n os . in the Federalist, I take the liberty of remarking, that independent of any internal evidences that may be discernible, the inaccuracy of Mr. H’s memory is illustrated by the circumstance, that his memorandum ascribes, not only to Mr. Jay, a paper N o . 54, not written by him, but to himself a paper N o . 64 written by Mr. Jay. This appears by the statement (presumed to be authentic) in the life of Mr. Jay by Delaplaine. If I have any interest in proving the fallibility of Mr. H’s memory, or the error of his statement however occasioned, it is not that the authorship in question is of itself a point deserving the solicitude of either of the parties; but because I had, at the request of a confidential friend or two, communicated a list of the n os . in that publication with the names of the writers annexed, at a time under circumstances depriving me of a plea for so great a mistake in a slip of the memory or attention. Be pleased to accept my esteem friendly respects.
Your favor of De r . 13 came safely to hand, but was months on its way. I have looked over with amusement the two posthumous works of Watson Walpole. The former has an importance to which the latter cannot pretend: But both; in drawing aside the Curtain from the secrets of Monarchy, offer at once lessons eulogies to Republican Gov t . As you have in hand a remnant of the fund from the Bill on Mr. Baring, I avail myself of your kindness so far as to request that you will procure for me forward the last fullest Edition of the posthumous Works of Gibbon. If the cost should exceed the fund let me know; if it sh d . leave any little balance, this may be laid out in some literary article of your choice for which it will suffice. As you sent a copy of what was addressed to the Agricult Socy of Alb: to Sir Jn o . Sinclair, 1 I owe perhaps an apology for not doing it myself, having been fav d . with several marks of that sort of attention from him. The truth is I did not wish to attach to so inadequate a discussion of the subject; the importance implied by regarding it as worth his acceptance; and if any unsought opportunity sh d . make it proper you will oblige me by intimating to him such a view of the omission.
It is much to be regretted that the B. Gov t . had not the magnanimity nor the forecast to include in the late treaty a final adjustment of all the questions on which the two Countries have been at variance. 2 A more apt occasion cannot be expected, and it must be evident, that if not adjusted by treaty, the first War in Europe will leave G. B. no alternative but an ungracious humiliating surrender of her pretensions, or an addition of this Country to the number of her enemies. With regard to the W. Ind trade she is not less inconsiderate. Nothing but a retrograde course by Cong s not to be presumed, can save her from ultimate defeat in the Legislative contest.
The P. is executing the Southern half of his projected tour, and is every where greeted with Public testimonies of affection confidence. Whatever may be the motives of some who join in the acclamations the unanimity, will have the good effect of strengthening the administration at home and inspiring respect abroad.
Our printed journals of every denomination, will present to you, the perplexed situation of our monied mercantile affairs, the resulting influence on the general condition of the Country. The pressure is severe, but the evil must gradually cure itself. The root of it lies more particularly in the multitude mismanagement of the Banks. It has always been a question with some how far Banks when best constituted, and when limited to mercantile credits, furnished settoffs in the abuse of them by the imprudent, ag st . the advantage of them to the Prudent. But there are few now who are not sensible, that when distributed thro’out the land, and carrying or rather hawking their loans at every man’s door they become a real nuisance. They not only furnish the greedy unskilful with means for their ruinous enterprises; but seduce the mass of the people, into gratifications, beyond their resources; and these gratifications consisting chiefly of imported articles, it follows that the entire country consumes more of them than it can pay for. Hence the balance of trade ag st . it, hence the demand on the banks for specie to pay it; hence their demands on their debtors and hence the bankruptcies of both. This is the little circle of causes effects, which shew that the Banks are themselves, the principal authors of the state of things of which they are the victims. A better state of things it is to be hoped will grow out of their ashes.
In the mean time the policy of the great nations with which we have most intercourse, co-operates in augmenting the temporary difficulties experienced. Whether it may not in the end have a more salutary operation for us than for themselves remains to be seen. G. B. is endeavoring to make herself independ t . of us of the world for supplies of food. In this she is justified by cogent views of the subject; altho’ with her extensive capital maritime power she w d . seem in little danger of being unable at any time to supply her deficiency; whilst the tendency of this policy is to contract the range of her commerce, on which she depends for her wealth power. If agricultural nations cannot sell her the products of their soil, they cannot buy the products of her looms. They must plough less, and manufacture more. The fall in the price of our Wheat flour is already reanimating, the manufacturing spirit, and enforcing that of economy. She is endeavoring also to make herself independent of the U. S. for the great article of Cotton wool, by encouraging E. Ind a . substitutes. If she pays that part of her dominions for its raw material by the return of it in a manufactured State, the loss of our Custom may be balanced, perhaps for a time, overbalanced. But a proportional loss of our Custom great growing as it is, must be certain. One-half of our ability to purchase British manufactures is derived from the Cotton sold to her. The effect of her Ind a . importations in reducing the demand the price of that article is already felt, both in the necessity the advantage of working it up at home.
France too is making herself independent of the U. S. for one of their great Staples. Before our Revolution she consumed, if I rightly remember, ab t . thirty thousand Hhds of Tob o . Her market now receives but a very few thousand it is said that land eno’ is appropriated in France for the culture of the balance. If France means to be a commercial maritime power this policy does not bespeak wisdom in her Councils. She ought rather to promote an exchange of her superfluous wines silks, for a foreign article, which not being a necessary of life need not be forced into cultivation at home, which she will rarely if ever be unable to procure when she pleases from abroad, and which is well adapted by its bulk to employ shipping marines. The price of this article like that of Cotton has rapidly fallen, will contribute of course to turn the attention here to the obligation of substituting internal manufactures for imports which the exports will not balance. Neither G. B. nor F. seems sufficiently aware that a self-subsisting system in some nations must produce it in others, and that the result of it in all must be most injurious to those whose prosperity power depend most on the freedom extent of the commerce among them.
I find myself very pertinently called off from speculations w ch . whether just or otherwise cannot be new to you, by a charge from Mrs. M. to present her very affectionate regards to Mrs. Rush, with many thanks for the repetitions of her kind offers. I pray that my respectful ones may be added, and that you will accept for yourself assurances of my great esteem and unvaried friendship.
I have duly received your letter of the 1st:instant. On recurring to my papers for the information it requests, I find that the speech of Col: Hamilton in the Convention of 1787, 1 in the course of which he read a sketch of a plan of Government for the U. States, was delivered on the 18th of June; the subject of debate being a resolution proposed by Mr. Dickinson “that the Articles of Confederation ought to be revised and amended so as to render the Government of the U. States adequate to the exigencies, the preservation, and the prosperity of the Union.” I pray you accept, Sir, assurances of my great consideration and esteem.
I have rec d . your letter of the 3d instant, 1 requesting such hints as may have occurred to me on the subject of an eventual extinguishment of slavery in the U. S.
Not doubting the purity of your views, and relying on the discretion by which they will be regulated, I cannot refuse such a compliance as will at least manifest my respect for the object of your undertaking.
A general emancipation of slaves ought to be 1. gradual. 2. equitable satisfactory to the individuals immediately concerned. 3. consistent with the existing durable prejudices of the nation.
That it ought, like remedies for other deeprooted and wide-spread evils, to be gradual, is so obvious that there seems to be no difference of opinion on that point.
To be equitable satisfactory, the consent of both the Master the slave should be obtained. That of the Master will require a provision in the plan for compensating a loss of what he held as property guarantied by the laws, and recognised by the Constitution. That of the slave, requires that his condition in a state of freedom, be preferable in his own estimation, to his actual one in a state of bondage.
To be consistent with existing and probably unalterable prejudices in the U. S. the freed blacks ought to be permanently removed beyond the region occupied by or allotted to a White population. The objections to a thorough incorporation of the two people are, with most of the Whites insuperable; and are admitted by all of them to be very powerful. If the blacks, strongly marked as they are by Physical lasting peculiarities, be retained amid the Whites, under the degrading privation of equal rights political or social, they must be always dissatisfied with their condition as a change only from one to another species of oppression; always secretly confederated ag st . the ruling privileged class; and always uncontroulled by some of the most cogent motives to moral and respectable conduct. The character of the free blacks, even where their legal condition is least affected by their colour, seems to put these truths beyond question. It is material also that the removal of the blacks be to a distance precluding the jealousies hostilities to be apprehended from a neighboring people stimulated by the contempt known to be entertained for their peculiar features; to say nothing of their vindictive recollections, or the predatory propensities which their State of Society might foster. Nor is it fair, in estimating the danger of Collisions with the Whites, to charge it wholly on the side of the Blacks. There would be reciprocal antipathies doubling the danger.
The colonizing plan on foot, has as far as it extends, a due regard to these requisites; with the additional object of bestowing new blessings civil religious on the quarter of the Globe most in need of them. The Society proposes to transport to the African Coast all free freed blacks who may be willing to remove thither; to provide by fair means, , it is understood with a prospect of success, a suitable territory for their reception; and to initiate them into such an establishment as may gradually and indefinitely expand itself.
The experiment, under this view of it, merits encouragement from all who regard slavery as an evil, who wish to see it diminished and abolished by peaceable just means; and who have themselves no better mode to propose. Those who have most doubted the success of the experiment must at least have wished to find themselves in an error.
But the views of the Society are limited to the case of blacks already free, or who may be gratuitously emancipated. To provide a commensurate remedy for the evil, the plan must be extended to the great Mass of blacks, and must embrace a fund sufficient to induce the Master as well as the slave to concur in it. Without the concurrence of the Master, the benefit will be very limited as it relates to the Negroes; and essentially defective, as it relates to the U. States; and the concurrence of Masters, must, for the most part, be obtained by purchase.
Can it be hoped that voluntary contributions, however adequate to an auspicious commencement, will supply the sums necessary to such an enlargement of the remedy? May not another question be asked? Would it be reasonable to throw so great a burden on the individuals distinguished by their philanthropy and patriotism?
The object to be obtained, as an object of humanity, appeals alike to all; as a National object, it claims the interposition of the nation. It is the nation which is to reap the benefit. The nation therefore ought to bear the burden.
Must then the enormous sums required to pay for, to transport, and to establish in a foreign land all the slaves in the U. S. as their Masters may be will g . to part with them, be taxed on the good people of the U. S. or be obtained by loans swelling the public debt to a size pregnant with evils next in degree to those of slavery itself?
Happily it is not necessary to answer this question by remarking that if slavery as a national evil is to be abolished, and it be just that it be done at the national expence, the amount of the expence is not a paramount consideration. It is the peculiar fortune, or, rather a providential blessing of the U. S. to possess a resource commensurate to this great object, without taxes on the people, or even an increase of the public debt.
I allude to the vacant territory the extent of which is so vast, and the vendible value of which is so well ascertained.
Supposing the number of slaves to be 1,500,000, and their price to average 400 drs, the cost of the whole would be 600 millions of doll rs . These estimates are probably beyond the fact; and from the n o . of slaves should be deducted. 1. those whom their Masters would not part with. 2. those who may be gratuitously set free by their Masters. 3. those acquiring freedom under emancipating regulations of the States. 4. those preferring slavery where they are, to freedom in an African settlement. On the other hand, it is to be noted that the expence of removal settlement is not included in the estimated sum; and that an increase of the slaves will be going on during the period required for the execution of the plan.
On the whole the aggregate sum needed may be stated at about 600 Mil s of dollars.
This will require 200 mil s of Acres at 3 dol rs . per Acre; or 300 mil s . at 2 doll rs . per Acre a quantity which tho’ great in itself, is perhaps not a third part of the disposable territory belonging to the U. S. And to what object so good so great so glorious, could that peculiar fund of wealth be appropriated? Whilst the sale of territory would, on one hand be planting one desert with a free civilized people, it would on the other, be giving freedom to another people, and filling with them another desert. And if in any instances, wrong has been done by our forefathers to people of one colour, by dispossessing them of their soil, what better atonement is now in our power than that of making what is rightfully acquired a source of justice of blessings to a people of another colour?
As the revolution to be produced in the condition of the negroes must be gradual, it will suffice if the sale of territory keep pace with its progress. For a time at least the proceeds w d . be in advance. In this case it might be best, after deducting the expence incident to the surveys sales, to place the surplus in a situation where its increase might correspond with the natural increase of the unpurchased slaves. Should the proceeds at any time fall short of the calls for their application, anticipations might be made by temporary loans to be discharged as the land should find a Market.
But it is probable that for a considerable period, the sales would exceed the calls. Masters would not be willing to strip their plantations farms of their laborers too rapidly. The slaves themselves, connected as they generally are by tender ties with others under other Masters, would be kept from the list of emigrants by the want of the multiplied consents to be obtained. It is probable indeed that for a long time a certain portion of the proceeds might safely continue applicable to the discharge of the debts or to other purposes of the Nation. Or it might be most convenient, in the outset, to appropriate a certain proportion only of the income from sales, to the object in view, leaving the residue otherwise applicable.
Should any plan similar to that I have sketched, be deemed eligible in itself no particular difficulty is foreseen from that portion of the nation which with a common interest in the vacant territory has no interest in slave property. They are too just to wish that a partial sacrifice sh d . be made for the general good; and too well aware that whatever may be the intrinsic character of that description of property, it is one known to the constitution, and, as such could not be constitutionally taken away without just compensation. That part of the Nation has indeed shewn a meritorious alacrity in promoting, by pecuniary contributions, the limited scheme for colonizing the Blacks, freeing the nation from the unfortunate stain on it, which justifies the belief that any enlargement of the scheme, if founded on just principles would find among them its earliest warmest patrons. It ought to have great weight that the vacant lands in question have for the most part been derived from grants of the States holding the slaves to be redeemed removed by the sale of them.
It is evident however that in effectuating a general emancipation of slaves, in the mode which has been hinted, difficulties of other sorts would be encountered. The provision for ascertaining the joint consent of the masters slaves; for guarding ag st . unreasonable valuations of the latter; and for the discrimination of those not proper to be conveyed to a foreign residence, or who ought to remain a charge on Masters in whose service they had been disabled or worn out and for the annual transportation of such numbers, would Require the mature deliberations of the National Councils. The measure implies also the practicability of procuring in Africa, an enlargement of the district or districts, for receiving the exiles, sufficient for so great an augmentation of their numbers.
Perhaps the Legislative provision best adapted to the case would be an incorporation of the Colonizing Society or the establishment of a similar one, with proper powers, under the appointment superintendence of the National Executive.
In estimating the difficulties however incident to any plan of general emancipation, they ought to be brought into comparison with those inseparable from other plans, and be yielded to or not according to the result of the comparison.
One difficulty presents itself which will probably attend every plan which is to go into effect under the Legislative provisions of the National Gov t . But whatever may be the defect of existing powers of Congress, the Constitution has pointed out the way in which it can be supplied. And it can hardly be doubted that the requisite powers might readily be procured for attaining the great object in question, in any mode whatever approved by the Nation.
If these thoughts can be of any aid in your search of a remedy for the great evil under which the nation labors, you are very welcome to them. You will allow me however to add that it will be most agreeable to me, not to be publickly referred to in any use you may make of them.
I have rec d . your favor of the 22d Ult 1 inclosing a copy of your observations on the Judgment of the Supreme Court of the U. S. in the case of M’Culloch ag st . the State of Maryland; and I have found their latitudinary mode of expounding the Constitution, combated in them with the ability and the force which were to be expected.
It appears to me as it does to you that the occasion did not call for the general and abstract doctrine interwoven with the decision of the particular case. I have always supposed that the meaning of a law, and for a like reason, of a Constitution, so far as it depends on Judicial interpretation, was to result from a course of particular decisions, and not these from a previous and abstract comment on the subject. The example in this instance tends to reverse the rule and to forego the illustration to be derived from a series of cases actually occurring for adjudication.
I could have wished also that the Judges had delivered their opinions seriatim. The case was of such magnitude, in the scope given to it, as to call, if any case could do so, for the views of the subject separately taken by them. This might either by the harmony of their reasoning have produced a greater conviction in the Public mind; or by its discordance have impaired the force of the precedent now ostensibly supported by a unanimous perfect concurrence in every argument dictum in the judgment pronounced.
But what is of most importance is the high sanction given to a latitude in expounding the Constitution which seems to break down the landmarks intended by a specification of the Powers of Congress, and to substitute for a definite connection between means and ends, a Legislative discretion as to the former to which no practical limit can be assigned. In the great system of Political Economy having for its general object the national welfare, everything is related immediately or remotely to every other thing; and consequently a Power over any one thing, if not limited by some obvious and precise affinity, may amount to a Power over every other. Ends means may shift their character at the will according to the ingenuity of the Legislative Body. What is an end in one case may be a means in another; nay in the same case, may be either an end or a means at the Legislative option. The British Parliament in collecting a revenue from the commerce of America found no difficulty in calling it either a tax for the regulation of trade, or a regulation of trade with a view to the tax, as it suited the argument or the policy of the moment.
Is there a Legislative power in fact, not expressly prohibited by the Constitution, which might not, according to the doctrine of the Court, be exercised as a means of carrying into effect some specified Power?
Does not the Court also relinquish by their doctrine, all controul on the Legislative exercise of unconstitutional powers? According to that doctrine, the expediency constitutionality of means for carrying into effect a specified Power are convertible terms; and Congress are admitted to be Judges of the expediency. The Court certainly cannot be so; a question, the moment it assumes the character of mere expediency or policy, being evidently beyond the reach of Judicial cognizance.
It is true, the Court are disposed to retain a guardianship of the Constitution against legislative encroachments. “Should Congress,” say they, “under the pretext of executing its Powers, pass laws for the accomplishment of objects not entrusted to the Government, it would become the painful duty of this Tribunal to say that such an act was not the law of the land.” But suppose Congress should, as would doubtless happen, pass unconstitutional laws not to accomplish objects not specified in the Constitution, but the same laws as means expedient, convenient or conducive to the accomplishment of objects entrusted to the Government; by what handle could the Court take hold of the case? We are told that it was the policy of the old Government of France to grant monopolies, such as that of Tobacco, in order to create funds in particular hands from which loans could be made to the Public, adequate capitalists not being formed in that Country in the ordinary course of commerce. Were Congress to grant a like monopoly merely to aggrandize those enjoying it, the Court might consistently say, that this not being an object entrusted to the Govern t . the grant was unconstitutional and void. Should Congress however grant the monopoly according to the French policy as a means judged by them to be necessary, expedient or conducive to the borrowing of money, which is an object entrusted to them by the Constitution, it seems clear that the Court, adhering to its doctrine, could not interfere without stepping on Legislative ground, to do which they justly disclaim all pretension.
It could not but happen, and was foreseen at the birth of the Constitution, that difficulties and differences of opinion might occasionally arise in expounding terms phrases necessarily used in such a charter; more especially those which divide legislation between the General local Governments; and that it might require a regular course of practice to liquidate settle the meaning of some of them. But it was anticipated I believe by few if any of the friends of the Constitution, that a rule of construction would be introduced as broad as pliant as what has occurred. And those who recollect, and still more those who shared in what passed in the State Conventions, thro’ which the people ratified the Constitution, with respect to the extent of the powers vested in Congress, cannot easily be persuaded that the avowal of such a rule would not have prevented its ratification. It has been the misfortune, if not the reproach, of other nations, that their Gov ts . have not been freely and deliberately established by themselves. It is the boast of ours that such has been its source and that it can be altered by the same authority only which established it. It is a further boast that a regular mode of making proper alterations has been providently inserted in the Constitution itself. It is anxiously to be wished therefore, that no innovations may take place in other modes, one of which would be a constructive assumption of powers never meant to be granted. If the powers be deficient, the legitimate source of additional ones is always open, and ought to be resorted to.
Much of the error in expounding the Constitution has its origin in the use made of the species of sovereignty implied in the nature of Gov t . The specified powers vested in Congress, it is said, are sovereign powers, and that as such they carry with them an unlimited discretion as to the means of executing them. It may surely be remarked that a limited Gov t . may be limited in its sovereignty as well with respect to the means as to the objects of his powers; and that to give an extent to the former, superseding the limits to the latter, is in effect to convert a limited into an unlimited Gov t . There is certainly a reasonable medium between expounding the Constitution with the strictness of a penal law, or other ordinary statute, and expounding it with a laxity which may vary its essential character, and encroach on the local sovereignties with w ch . it was meant to be reconcilable.
The very existence of these local sovereignties is a controul on the pleas for a constructive amplification of the powers of the General Gov t . Within a single State possessing the entire sovereignty, the powers given to the Gov t . by the People are understood to extend to all the Acts whether as means or ends required for the welfare of the Community, and falling within the range of just Gov t . To withhold from such a Gov t . any particular power necessary or useful in itself, would be to deprive the people of the good dependent on its exercise; since the power must be there or not exist at all. In the Gov t . of the U. S. the case is obviously different. In establishing that Gov t . the people retained other Gov ts . capable of exercising such necessary and useful powers as were not to be exercised by the General Gov t . No necessary presumption therefore arises from the importance of any particular power in itself, that it has been vested in that Gov t . because tho’ not vested there, it may exist elsewhere, and the exercise of it elsewhere might be preferred by those who alone had a right to make the distribution. The presumption which ought to be indulged is that any improvement of this distribution sufficiently pointed out by experience would not be withheld.
Altho’ I have confined myself to the single question concerning the rule of interpreting the Constitution, I find that my pen has carried me to a length which would not have been permitted by a recollection that my remarks are merely for an eye to which no aspect of the subject is likely to be new. I hasten therefore to conclude with assurances c c.
I have received, my dear Sir, your agreeable letter of July 20 wch. was very long on the way.
We congratulate you much on the various successes of your western career. The first thing that strikes is the rapidity of your promotions. Bounding over the preliminary sailorship, the first step on the deck of your Bark, pardon me, of the nobler structure, your Ark, makes you a Pilot. The name of Pilot is scarcely pronounced, before you are a Captain. And in less than a twinkling of an eye, the Captain starts up a Commodore. On the land, a scene opens upon us in which you equally figure. We see you at once a ploughman, a rail splitter, a fence builder, a cornplanter, a Haymaker, and soon to be a wheat sower. To all these rural felicities, which leave but a single defect on your title of Husband -man, you add the polished pleasures of a Town, you mean a City, life. And to cap the whole, you enjoy the official dignity of Register of the land office in the important Territory of Illinois. We repeat our congratulations on all these honors employments, and wish that the emoluments may fully equal them.
You are well off, for this year at least, in being where you can expect bread from corn planted in July. Here famine threatens us, in the midst of fields planted in April. So severe a drought is not remembered. We have had no rain, scarcely, throughout the months of June, July Aug’st, and the earth previously but little charged with moisture. On some farms, among them my two small ones near me, there has been no rain at all, or none to produce a sensible effect. In some instances there will not be the tythe of a crop, and the drought has been very general not only in this, but in other States. It has been, I understand particularly severe throughout the Tobacco Districts in Virg’a and must make this crop very scanty. It is at this critical moment feeling in all its force, the want of rain. I fear that Albemarle has no better than neighbour’s fare. Fortunately for us the wheat crop was everywhere very fine, and well harvested.
The season has been as remarkable too for the degree constancy of its heat, as for its dryness. The Thermometer in the coolest part of my largest room was on two days, at 92°, for several at 90 91, and generally from 84 to 5-6-7-8. Our springs wells have not yet entirely failed; but without copious rains this must quickly be the case.
You are pursuing, I observe, the true course with your negroes, in order to make their freedom a fair experiment for their happiness. With the habits of the slave, and without the instruction, the property, or the employments of a freeman, the manumitted blacks, instead of deriving advantage from the partial benevolence of their Masters, furnish arguments against the general efforts in their behalf. I wish your philanthropy could compleat its object, by changing their colour as well as their legal condition. Without this, they seem destined to a privation of that moral rank those social participations which give to freedom more than half its value.
Mrs. Madison as well as myself, is much gratified by your promise to devote the next winter to your native haunts. We hope your arrangements will give us an ample share of your time. We will then take the case of your Bachelorship, into serious full consideration. Mrs. M. is well disposed to give all her aid, in getting that old thorn out of your side, and putting a young rib in its place. She very justly remarks, however, that with your own exertions, hers will not be wanted without them not deserved.
Accept our joint affectionate wishes for your health every other happiness.