Loe raamatut: «The Writings of Thomas Jefferson, Vol. 3 (of 9)»

PART II.—Continued.
LETTERS WRITTEN WHILE IN EUROPE.
1784-1790

TO JAMES MADISON

Paris, March 15, 1789.

Dear Sir,—I wrote you last on the 12th of January; since which I have received yours of October the 17th, December the 8th and 12th. That of October the 17th, came to hand only February the 23d. How it happened to be four months on the way, I cannot tell, as I never knew by what hand it came. Looking over my letter of January the 12th, I remark an error of the word "probable" instead of "improbable," which doubtless, however, you had been able to correct.

Your thoughts on the subject of the declaration of rights, in the letter of October the 17th, I have weighed with great satisfaction. Some of them had not occurred to me before, but were acknowledged just in the moment they were presented to my mind. In the arguments in favor of a declaration of rights, you omit one which has great weight with me; the legal check which it puts into the hands of the judiciary. This is a body, which, if rendered independent and kept strictly to their own department, merits great confidence for their learning and integrity. In fact, what degree of confidence would be too much, for a body composed of such men as Wythe, Blair and Pendleton? On characters like these, the "civium ardor prava jubentium" would make no impression. I am happy to find that, on the whole, you are a friend to this amendment. The declaration of rights is, like all other human blessings, alloyed with some inconveniences, and not accomplishing fully its object. But the good in this instance, vastly overweighs the evil. I cannot refrain from making short answers to the objections which your letter states to have been raised. 1. That the rights in question are reserved, by the manner in which the federal powers are granted. Answer. A constitutive act may, certainly, be so formed, as to need no declaration of rights. The act itself has the force of a declaration, as far as it goes; and if it goes to all material points, nothing more is wanting. In the draught of a constitution which I had once a thought of proposing in Virginia, and printed afterwards, I endeavored to reach all the great objects of public liberty, and did not mean to add a declaration of rights. Probably the object was imperfectly executed; but the deficiencies would have been supplied by others, in the course of discussion. But in a constitutive act which leaves some precious articles unnoticed, and raises implications against others, a declaration of rights becomes necessary, by way of supplement. This is the case of our new federal Constitution. This instrument forms us into one State, as to certain objects, and gives us a legislative and executive body for these objects. It should, therefore, guard us against their abuses of power, within the field submitted to them. 2. A positive declaration of some essential rights could not be obtained in the requisite latitude. Answer. Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can. 3. The limited powers of the federal government, and jealousy of the subordinate governments, afford a security which exists in no other instance. Answer. The first member of this seems resolvable into the first objection before stated. The jealousy of the subordinate governments is a precious reliance. But observe that those governments are only agents. They must have principles furnished them, whereon to found their opposition. The declaration of rights will be the text, whereby they will try all the acts of the federal government. In this view, it is necessary to the federal government also; as by the same text, they may try the opposition of the subordinate governments. 4. Experience proves the inefficacy of a bill of rights. True. But though it is not absolutely efficacious under all circumstances, it is of great potency always, and rarely inefficacious. A brace the more will often keep up the building which would have fallen, with that brace the less. There is a remarkable difference between the characters of the inconveniences which attend a declaration of rights, and those which attend the want of it. The inconveniences of the declaration are, that it may cramp government in its useful exertions. But the evil of this is short-lived, moderate and reparable. The inconveniences of the want of a declaration are permanent, afflicting and irreparable. They are in constant progression from bad to worse. The executive, in our governments, is not the sole, it is scarcely the principal object of my jealousy. The tyranny of the legislatures is the most formidable dread at present, and will be for many years. That of the executive will come in its turn; but it will be at a remote period. I know there are some among us, who would now establish a monarchy. But they are inconsiderable in number and weight of character. The rising race are all republicans. We were educated in royalism; no wonder, if some of us retain that idolatry still. Our young people are educated in republicanism; an apostasy from that to royalism, is unprecedented and impossible. I am much pleased with the prospect that a declaration of rights will be added; and I hope it will be done in that way, which will not endanger the whole frame of government, or any essential part of it.

I have hitherto avoided public news in my letters to you, because your situation insured you a communication of my letters to Mr. Jay. This circumstance being changed, I shall, in future, indulge myself in these details to you. There had been some slight hopes, that an accommodation might be effected between the Turks and two empires; but these hopes do not strengthen, and the season is approaching which will put an end to them, for another campaign, at least. The accident to the King of England has had great influence on the affairs of Europe. His mediation, joined with that of Prussia, would certainly have kept Denmark quiet, and so have left the two empires in the hands of the Turks and Swedes. But the inactivity to which England is reduced, leaves Denmark more free, and she will probably go on in opposition to Sweden. The King of Prussia, too, had advanced so far, that he can scarcely retire. This is rendered the more difficult, by the troubles he has excited in Poland. He cannot well abandon the party he had brought forward there; so that it is very possible he may be engaged in the ensuing campaign. France will be quiet this year, because this year, at least, is necessary for settling her future constitution. The States will meet the 27th of April; and the public mind will, I think, by that time, be ripe for a just decision of the question, whether they shall vote by orders or persons. I think there is a majority of the Nobles already for the latter. If so, their affairs cannot but go on well. Besides settling for themselves a tolerably free constitution, perhaps as free a one as the nation is as yet prepared to bear, they will fund their public debts. This will give them such a credit, as will enable them to borrow any money they may want, and of course, to take the field again, when they think proper. And I believe they mean to take the field, as soon as they can. The pride of every individual in the nation, suffers under the ignominies they have lately been exposed to, and I think the States General will give money for a war, to wipe off the reproach. There have arisen new bickerings between this court and that of the Hague; and the papers which have passed, show the most bitter acrimony rankling at the heart of this ministry. They have recalled their ambassador from the Hague, without appointing a successor. They have given a note to the Diet of Poland, which shows a disapprobation of their measures. The insanity of the King of England has been fortunate for them, as it gives them time to put their house in order. The English papers tell you the King is well; and even the English ministry say so. They will naturally set the best foot foremost; and they guard his person so well, that it is difficult for the public to contradict them. The King is probably better, but not well, by a great deal. 1. He has been bled, and judicious physicians say, that in his exhausted state, nothing could have induced a recurrence to bleeding, but symptoms of relapse. 2. The Prince of Wales tells the Irish deputation, he will give them a definitive answer in some days; but if the King had been well, he could have given it at once. 3. They talk of passing a standing law, for providing a regency in similar cases. They apprehend then, they are not yet clear of the danger of wanting a regency. 4. They have carried the King to church; but it was his private chapel. If he be well, why do not they show him publicly to the nation, and raise them from that consternation into which they have been thrown, by the prospect of being delivered over to the profligate hands of the Prince of Wales. In short, judging from little facts, which are known in spite of their teeth, the King is better, but not well. Possibly he is getting well, but still, time will be wanting to satisfy even the ministry, that it is not merely a lucid interval. Consequently, they cannot interrupt France this year in the settlement of her affairs, and after this year it will be too late.

As you will be in a situation to know when the leave of absence will be granted me, which I have asked, will you be so good as to communicate it, by a line, to Mr. Lewis and Mr. Eppes? I hope to see you in the summer, and that if you are not otherwise engaged, you will encamp with me at Monticello for awhile.

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

TO THOMAS PAINE

Paris, March 17, 1789.

Dear Sir,—My last letter to you extended from December the 23d to January the 11th. A confidential opportunity now arising, I can acknowledge the receipt of yours of January the 15th, at the date of which you could not have received mine.

You knew, long ago, that the meeting of the States is to be at Versailles on the 27th of April. This country is entirely occupied in its elections, which go on quietly and well. The Duke d'Orleans is elected for Villers Cotterels. The Prince of Condé has lost the election he aimed at; nor is it certain he can be elected anywhere. We have no news from Auvergne, whither the Marquis de La Fayette is gone. In general, all the men of influence in the country are gone into the several provinces to get their friends elected, or be elected themselves. Since my letter to you, a tumult arose in Bretagne, in which four or five lives were lost. They are now quieter, and this is the only instance of a life lost, as yet, in this revolution. The public mind is now so far ripened by time and discussion, that there seems to be but one opinion on the principal points. The question of voting by persons of orders is the most controverted; but even that seems to have gained already a majority among the Nobles. I fear more from the number of the Assembly, than from any other cause. Twelve hundred persons are difficult to keep to order, and will be so, especially, till they shall have had time to frame rules of order. Their funds continue stationary, and at the level they have stood at for some years past. We hear so little of the parliaments for some time past, that one is hardly sensible of their existence. This unimportance is probably the forerunner of their total re-modification by the nation. The article of legislation, is the only interesting one on which the court has not explicitly declared itself to the nation. The Duke d'Orleans has given instructions to his proxies in the baillages, which would be deemed bold in England, and are reasonable beyond the reach of an Englishman, who, slumbering under a kind of half reformation in politics and religion, is not excited by anything he sees or feels, to question the remains of prejudice. The writers of this country, now taking the field freely and unrestrained, or rather involved by prejudice, will rouse us all from the errors in which we have been hitherto rocked.

We had, at one time, some hope that an accommodation would have been effected between the Turks and two empires. Probably the taking Oczakow, while it has attached the Empress more to the Crimea, is not important enough to the Turks, to make them consent to peace. These hopes are vanishing. Nor does there seem any prospect of peace between Russia and Sweden. The palsied condition of England leaves it probable that Denmark will pursue its hostilities against Sweden. It does not seem certain whether the King of Prussia has advanced so far in that mediation, and in the troubles he has excited in Poland, as to be obliged to become a party. Nor will his becoming a party draw in this country, the present year, if England remains quiet. Papers which lately passed between this court and the government of Holland, prove that this nourishes its discontent, and only waits to put its house in order, before it interposes. They have recalled their ambassador from the Hague, without naming a successor. The King of Sweden, not thinking that Russia and Denmark are enough for him, has arrested a number of his Nobles, of principal rank and influence. It is a bold measure, at least, and he is too boyish a character to authorize us to presume it a wise one, merely because he has adopted it. His army was before disgusted. He now puts the Nobles and all their dependents on the same side, and they are sure of armed support, by Russia on the north, and Denmark on the south. He can have no salvation but in the King of Prussia.

I have received two letters from Ledyard, the one dated Alexandria, August the 15th, the other Grand Cairo, September the 10th; and one lately from Admiral Paul Jones, dated St. Petersburg, January the 31st. He was just arrived there, on the call of the Empress, and was uncertain where he should be employed the next campaign. Mr. Littlepage has returned from the Black Sea to Warsaw, where he has been perfectly received by the King. I saw this from under the King's own hand, and was pleased with the parental expressions towards him.

We have no news from America later than the middle of January. My letters inform me that even the friends of the new Constitution have come over to the expediency of adding a declaration of rights. There is reason to hope that this will be proposed by Congress to the several legislatures, and that the plan of New York for calling a new convention, will be rejected. Hitherto no State had acceded to it but Virginia, in which Henry and anti-federalism had got full possession of their legislature. But the people are better disposed. My departure for America is likely to be retarded, by the want of a Congress to give me permission. I must obtain it from the new government. I am anxious to know how much we ought to believe of the recovery of the King of England. By putting little facts together, I see that he is not well. Mr. Rumsey (who came in while I was writing the preceding page) tells me you have a long letter ready for me. I shall be happy to receive it.

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

TO COLONEL HUMPHREYS

Paris, March 18, 1789.

Dear Sir,—Your favor of November the 29th, 1788, came to hand the last month. How it happened that mine of August, 1787, was fourteen months on its way, is inconceivable. I do not recollect by what conveyance I sent it. I had concluded, however, either that it had miscarried, or that you had become indolent, as most of our countrymen are, in matters of correspondence.

The change in this country since you left it, is such as you can form no idea of. The frivolities of conversation have given way entirely to politics. Men, women and children talk nothing else; and all, you know, talk a great deal. The press groans with daily productions, which, in point of boldness, makes an Englishman stare, who hitherto has thought himself the boldest of men. A complete revolution in this government has, within the space of two years, (for it began with the Notables of 1787,) been effected merely by the force of public opinion, aided, indeed, by the want of money, which the dissipations of the court had brought on. And this revolution has not cost a single life, unless we charge to it a little riot lately in Bretagne, which began about the price of bread, became afterwards political, and ended in the loss of four or five lives. The assembly of the States General begins the 27th of April. The representation of the people will be perfect. But they will be alloyed by an equal number of nobility and clergy. The first great question they will have to decide will be, whether they shall vote by orders or persons. And I have hopes that the majority of the Nobles are already disposed to join the Tiers Etat, in deciding that the vote shall be by persons. This is the opinion a la mode at present, and mode has acted a wonderful part in the present instance. All the handsome young women, for example, are for the Tiers Etat, and this is an army more powerful in France, than the two hundred thousand men of the King. Add to this, that the court itself is for the Tiers Etat, as the only agent which can relieve their wants; not by giving money themselves, (they are squeezed to the last drop,) but by pressing it from the non-contributing orders. The King stands engaged to pretend no more to the power of laying, continuing or appropriating taxes; to call the States General periodically; to submit lettres de cachet to legal restrictions; to consent to freedom of the press; and that all this shall be fixed by a fundamental constitution, which shall bind his successors. He has not offered a participation in the legislature, but it will surely be insisted on. The public mind is so ripened on all these subjects, that there seems to be now but one opinion. The clergy, indeed, think separately, and the old men among the Nobles; but their voice is suppressed by the general one of the nation. The writings published on this occasion are, some of them, very valuable; because, unfettered by the prejudices under which the English labor, they give a full scope to reason, and strike out truths, as yet unperceived and unacknowledged on the other side the channel. An Englishman, dosing under a kind of half reformation, is not excited to think by such gross absurdities as stare a Frenchman in the face, wherever he looks, whether it be towards the throne or the altar. In fine, I believe this nation will, in the course of the present year, have as full a portion of liberty dealt out to them, as the nation can bear at present, considering how uninformed the mass of their people is. This circumstance will prevent the immediate establishment of the trial by jury. The palsied state of the executive in England is a fortunate circumstance for France, as it will give her time to arrange her affairs internally. The consolidation and funding their debts, will give government a credit which will enable them to do what they please. For the present year, the war will be confined to the two empires and Denmark, against Turkey and Sweden. It is not yet evident whether Prussia will be engaged. If the disturbances of Poland break out into overt acts, it will be a power divided in itself, and so of no weight. Perhaps, by the next year, England and France may be ready to take the field. It will depend on the former principally; for the latter, though she may be then able, must wish a little time to see her new arrangements well under way. The English papers and English ministry say the King is well. He is better but not well; no malady requires a longer time to insure against its return, than insanity. Time alone can distinguish accidental insanity from habitual lunacy.

The operations which have taken place in America lately, fill me with pleasure. In the first place, they realize the confidence I had, that whenever our affairs go obviously wrong, the good sense of the people will interpose, and set them to rights. The example of changing a constitution, by assembling the wise men of the State, instead of assembling armies, will be worth as much to the world as the former examples we had given them. The Constitution, too, which was the result of our deliberations, is unquestionably the wisest ever yet presented to men, and some of the accommodations of interest which it has adopted, are greatly pleasing to me, who have before had occasions of seeing how difficult those interests were to accommodate. A general concurrence of opinion seems to authorize us to say, it has some defects. I am one of those who think it a defect, that the important rights, not placed in security by the frame of the Constitution itself, were not explicitly secured by a supplementary declaration. There are rights which it is useless to surrender to the government, and which governments have yet always been found to invade. These are the rights of thinking, and publishing our thoughts by speaking or writing; the right of free commerce; the right of personal freedom. There are instruments for administering the government, so peculiarly trust-worthy, that we should never leave the legislature at liberty to change them. The new Constitution has secured these in the executive and legislative department; but not in the judiciary. It should have established trials by the people themselves, that is to say, by jury. There are instruments so dangerous to the rights of the nation, and which place them so totally at the mercy of their governors, that those governors, whether legislative or executive, should be restrained from keeping such instruments on foot, but in well-defined cases. Such an instrument is a standing army. We are now allowed to say, such a declaration of rights, as a supplement to the constitution where that is silent, is wanting, to secure us in these points. The general voice has legitimated this objection. It has not, however, authorized me to consider as a real defect, what I thought and still think one, the perpetual re-eligibility of the President. But three States out of eleven, having declared against this, we must suppose we are wrong, according to the fundamental law of every society, the lex majoris partis, to which we are bound to submit. And should the majority change their opinion, and become sensible that this trait in their Constitution is wrong, I would wish it to remain uncorrected, as long as we can avail ourselves of the services of our great leader, whose talents and whose weight of character, I consider as peculiarly necessary to get the government so under way, as that it may afterwards be carried on by subordinate characters.

I must give you sincere thanks, for the details of small news contained in your letter. You know how precious that kind of information is to a person absent from his country, and how difficult it is to be procured. I hope, to receive soon permission to visit America this summer, and to possess myself anew, by conversation with my countrymen, of their spirit and their ideas. I know only the Americans of the year 1784. They tell me this is to be much a stranger to those of 1789. This renewal of acquaintance is no indifferent matter to one, acting at such a distance, as that instructions cannot be received hot and hot. One of my pleasures, too, will be that of talking over the old and new with you. In the meantime, and at all times, I have the honor to be, with great and sincere esteem, dear Sir, your friend and servant.