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Title: The Writings of Thomas Jefferson Vol. IX. (of 9) - Being His Autobiography, Correspondence, Reports, Messages, - Addresses, and Other Writings, Official and Private
Author: Jefferson, Thomas
Language: English
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*** Start of this LibraryBlog Digital Book "The Writings of Thomas Jefferson Vol. IX. (of 9) - Being His Autobiography, Correspondence, Reports, Messages, - Addresses, and Other Writings, Official and Private" ***
Transcriber's Note:
Inconsistent hyphenation and spelling in the original document have
been preserved. Obvious typographical errors have been corrected.
Italic text is denoted by _underscores_.
Small type is used to indicate the rules and practices peculiar to
the Senate. Small type is denoted by $dollar signs$.
Proper nouns have been left unchanged, except to correct obvious
printer's errors as indicated by inconsistencies in the nearby text.
Variant spellings and accents in Latin, French, Spanish, Italian
quotes were left as printed unless obvious nearby differences indicated
printer's errors.
On page 273, "numbers were first called on to declare their numbers"
should possibly be "members were first called on to declare their
numbers".
In the Index entry 'Existing treaties with France', there is a
reference to a (non-existent) page 651 in Volume iii.
THE
WRITINGS
OF
THOMAS JEFFERSON:
BEING HIS
AUTOBIOGRAPHY, CORRESPONDENCE, REPORTS, MESSAGES,
ADDRESSES, AND OTHER WRITINGS, OFFICIAL
AND PRIVATE.
PUBLISHED BY THE ORDER OF THE JOINT COMMITTEE OF CONGRESS ON THE
LIBRARY,
FROM THE ORIGINAL MANUSCRIPTS,
DEPOSITED IN THE DEPARTMENT OF STATE.
WITH EXPLANATORY NOTES, TABLES OF CONTENTS, AND A COPIOUS INDEX
TO EACH VOLUME, AS WELL AS A GENERAL INDEX TO THE WHOLE,
BY THE EDITOR
H. A. WASHINGTON.
VOL. IX.
NEW YORK:
H. W. DERBY, 625 BROADWAY.
1861.
Entered, according to Act of Congress, in the year 1853, by
TAYLOR & MAURY,
In the Clerk's Office of the District Court for the District of
Columbia.
STEREOTYPED BY
THOMAS R. SMITH.
82 & 84 Beekman Street.
CONTENTS OF VOL. IX.
BOOK IV.--PART IV.
PARLIAMENTARY MANUAL 3
BOOK IV.--PART V.
THE ANAS 87
BOOK IV.--PART VI.
MISCELLANEOUS PAPERS 212
1. Extract from Diary relative to invasion of Virginia in
1780, 1781 p. 212.
2. Memorandum relative to invasion of Virginia in 1780, 1781,
220.
3. Instructions to the Ministers Plenipotentiary appointed to
negotiate treaties of peace with the European nations, 1784,
226.
4. Report of a conference with the Count de Vergennes on the
subject of the commerce of the U. States with France, 230.
5. Answers of Mr. Jefferson, to questions propounded to him
by M. de Meusnier, 244.
6. Answers to propositions propounded by M. de Meusnier, Jan.
24, 1786, 282.
7. Notes on M. Soulé's Work, 293.
8. Observations on a letter of M. de Calonnes to Mr. Jefferson,
Oct. 22, 1786, 304.
9. Proposals for concerted operations among the powers at war
with the piratical States of Barbary, 308.
10. To the Editor of the Journal de Paris, 309.
11. Memoranda taken on a journey from Paris to the Southern
parts of France and Northern parts of Italy in 1787, 313.
12. Tour to some of the gardens of England, 367.
13. Memoranda of a tour to Amsterdam, Strasburgh, &c., and
back to Paris, in 1788, 373.
14. Travelling notes for Mr. Rutledge and Mr. Shippen in 1788,
403.
15. Questions as to the rights and duties of the U. States
under her treaties with France and the laws of neutrality, 405.
16. Heads of consideration on the conduct to be observed in
the war between Spain and Great Britain, and particularly
should the latter attempt the conquest of Louisiana and the
Floridas, 409.
17. Heads of consideration on the navigation of the Mississippi
river, for Mr. Carmichael, 412.
18. Questions to be considered, 415.
19. Plan of a bill concerning consuls, 416.
20. Matters to be arranged between the governments of the U.
States and England, 419.
21. Memorandum of communications made to a committee of the
Senate on the subject of the diplomatic nominations to Paris,
London, and the Hague, 420.
22. Considerations on the subject of ransom and peace with
the Algerines, 424.
23. Notes of a conversation with Mr. Hammond, 425.
24. Extempore thoughts and doubts on very superficially running
over the bankrupt bill, 431.
25. Heads of a conversation with Mr. Hammond, 432.
26. Instructions to Andrew Michaud for exploring the Western
Boundary, 434.
27. Memorandum relative to Commissioners for laying off the
Federal City, 437.
28. Note given to the President relative to Genet, 438.
29. Rules for regulating our conduct towards the belligerent
powers, recommended to the President for his adoption, 440.
30. Opinion relative to the propriety of convening the
Legislature at an earlier period than that fixed by law, 441.
31. Communication relative to our French relations, 442.
32. Explanation of the origin of the principle "Free bottoms
make free goods," 443.
33. An account of the capitol of Virginia, 446.
34. To the Speaker and House of Delegates of the Commonwealth of
Va., being a protest against all interference by the Judiciary
between Representative and Constituent, 447.
35. Etiquette, 454.
36. Charges exhibited to the President of the United States
against Hon. Arthur Sinclair, as Governor of the territory
north-west of the river Ohio, 455.
37. Hints on the subject of Indian boundaries, suggested for
consideration, 460.
38. Notes on the subject of the Consular convention between
the United States and France, 462.
39. Resolutions relative to the alien and sedition laws, 464.
40. Doctor Stevens' case, 472.
41. Notes on the draught of a second inaugural address, 475.
42. Farewell address of Thomas Jefferson, 476.
43. Notes on the 5th volume of Marshall's Life of Washington,
478.
44. Scheme for a system of agricultural societies, 480.
45. Observations on the force and obligation of the common
law in the U. States, on the occasion of Hardin's case in
Kentucky, 485.
46. Plan for elementary schools, 489.
47. Solemn declaration and protest of the commonwealth of Va.,
on the principles of the Constitution, and on the violation
of them, 496.
48. Thoughts on lotteries, 500.
49. Jefferson's Will, 511.
BOOK IV.--CONTINUED.
MISCELLANEOUS.
PART IV.--JEFFERSON'S MANUAL.
" V.--THE ANAS.
" VI.--MISCELLANEOUS PAPERS.
PART IV.
A MANUAL OF PARLIAMENTARY PRACTICE.
PREFACE.
The Constitution of the United States, establishing a Legislature for the
Union under certain forms, authorizes each branch of it "to determine
the rules of its own proceedings." The Senate have accordingly formed
some rules for its own government: but those going only to few cases,
they have referred to the decision of their President, without debate
and without appeal, all questions of order arising either under their own
rules, or where they have provided none. This places under the discretion
of the President a very extensive field of decision, and one which,
irregularly exercised, would have a powerful effect on the proceedings
and determinations of the House. The President must feel, weightily
and seriously, this confidence in his discretion: and the necessity of
recurring, for its government, to some known system of rules, that he
may neither leave himself free to indulge caprice or passion, nor open
to the imputation of them. But to what system of rules is he to recur,
as supplementary to those of the Senate? To this there can be but one
answer: to the systems of regulations adopted by the government of some
one of the parliamentary bodies within these States, or of that which has
served as a prototype to most of them. This last is the model which we
have studied; while we are little acquainted with the modifications of it
in our several States. It is deposited, too, in publications possessed
by many, and open to all. Its rules are probably as wisely constructed
for governing the debates of a considerative body, and obtaining its
true sense, as any which can become known to us; and the acquiescence
of the Senate hitherto under the references to them, has given them the
sanction of their approbation.
Considering, therefore, the law of proceedings in the Senate as composed
of the precepts of the Constitution, the regulations of the Senate,
and where these are silent, of the rules of Parliament, I have here
endeavored to collect and digest so much of these as is called for in
ordinary practice, collating the parliamentary with the senatorial rules,
both where they agree and where they vary. I have done this, as well to
have them at hand for my own government, as to deposit with the Senate
the standard by which I judge and am willing to be judged. I could not
doubt the necessity of quoting the sources of my information; among
which Mr. Hatsel's most valuable book is pre-eminent; but as he has
only treated some general heads, I have been obliged to recur to other
authorities, in support of a number of common rules of practice to which
his plan did not descend. Sometimes each authority cited supports the
whole passage. Sometimes it rests on all taken together. Sometimes the
authority goes only to a part of the text, the residue being inferred
from known rules and principles. For some of the most familiar forms,
no written authority is or can be quoted; no writer having supposed it
necessary to repeat what all were presumed to know. The statement of
these must rest on their notoriety.
I am aware, that authorities can often be produced in opposition to
the rules which I lay down as parliamentary. An attention to dates will
generally remove their weight. The proceedings of Parliament in ancient
times, and for a long while, were crude, multiform, and embarrassing.
They have been, however, constantly advancing towards uniformity and
accuracy; and have now obtained a degree of aptitude to their object,
beyond which little is to be desired or expected.
Yet I am far from the presumption of believing, that I may not have
mistaken the parliamentary practice in some cases; and especially in
those minor forms, which, being practised daily, are supposed known to
everybody, and therefore have not been committed to writing. Our resources
in this quarter of the globe, for obtaining information on that part
of the subject, are not perfect. But I have begun a sketch, which those
who come after me will successively correct and fill up, till a code of
rules shall be formed for the use of the Senate, the effects of which
may be accuracy in business, economy of time, order, uniformity, and
impartiality.
NOTE.
$The rules and practices peculiar to the Senate are printed in small
type. Those of Parliament are in large.$
A MANUAL OF PARLIAMENTARY PRACTICE.[1]
IMPORTANCE OF RULES.
SECTION I.
THE IMPORTANCE OF ADHERING TO RULES.
Mr. Onslow, the ablest among the Speakers of the House of Commons, used
to say, "It was a maxim he had often heard when he was a young man, from
old and experienced members, that nothing tended more to throw power
into the hands of administration and those who acted with the majority of
the House of Commons, than a neglect of, or departure from, the rules of
proceeding; that these forms, as instituted by our ancestors, operated
as a check, and control, on the actions of the majority; and that they
were, in many instances, a shelter and protection to the minority,
against the attempts of power."
So far the maxim is certainly true, and is founded in good sense, that
as it is always in the power of the majority, by their numbers, to stop
any improper measures proposed on the part of their opponents, the only
weapons by which the minority can defend themselves against similar
attempts from those in power, are the forms and rules of proceeding, which
have been adopted as they were found necessary from time to time, and are
become the law of the house; by a strict adherence to which, the weaker
party can only be protected from those irregularities and abuses which
these forms were intended to check, and which the wantonness of power
is but too often apt to suggest to large and successful majorities.--2
_Hats._ 171, 172.
And whether these forms be in all cases the most rational or not, is
really not of so great importance. It is much more material that there
should be a rule to go by, than what that rule is; that there may be a
uniformity of proceeding in business, not subject to the caprice of the
Speaker, or captiousness of the members. It is very material that order,
decency, and regularity be preserved in a dignified public body.--2
_Hats._ 149. And in 1698 the Lords say the reasonableness of what is
desired is never considered by us, for we are bound to consider nothing
but what is usual. Matters of form are essential to government, and 'tis
of consequence to be in the right. All the reason for forms is custom,
and the law of forms is practice; the reason is quite out of doors. Some
particular customs may not be grounded on reason, and no good account
can be given of them; and yet many nations are zealous for them; and
Englishmen are as zealous as any others to pursue their old forms and
methods.--4 _Hats._ 258.
SECTION II.
LEGISLATURE.
$All legislative powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House of
Representatives.--_Constitution of the United States_, Article I.,
Section 1.
The Senators and Representatives shall receive a compensation for their
services, to be ascertained by law, and paid out of the treasury of the
United States. _Const. U. S._, Art. I. Sect. 6.
For the powers of Congress, see the following Articles and Sections of
the Constitution of the United States:--Art. I., Sec. 4, 7, 8, 9.--Art.
II., Sect. 1, 2.--Art. III., Sec. 3.--Art. IV., Sec. 1, 3, 5.--And all
the Amendments.$
SECTION III.
PRIVILEGE.
The privileges of the members of Parliament, from small and obscure
beginnings, have been advancing for centuries, with a firm and
never-yielding pace. Claims seem to have been brought forward from time
to time, and repeated till some example of their admission enabled them
to build law on that example. We can only, therefore, state the point of
progression at which they now are. It is now acknowledged, 1st. That they
are at all times exempted from question elsewhere, for anything said in
their own house: that during the time of privilege, 2d. Neither a member
himself, his wife,[2] or his servants, [_familiares sui_] for any matter
of their own, may be[3] arrested on mesne process, in any civil suit:
3d. Nor be detained under execution, though levied before the time of
privilege: 4th. Nor impleaded, cited or subpœnaed, in any court: 5th.
Nor summoned as a witness or juror: 6th. Nor may their lands or goods be
distrained: 7th. Nor their persons assaulted, or characters traduced. And
the period of time, covered by privilege, before and after the session,
with the practice of short prorogations under the connivance of the
Crown, amounts in fact to a perpetual protection against the course of
justice. In one instance, indeed, it has been relaxed by 10 _G._ 3, c.
50, which permits judiciary proceedings to go on against them. That these
privileges must be continually progressive, seems to result from their
rejecting all definition of them; the doctrine being, that "their dignity
and independence are preserved by keeping their privileges indefinite;"
and that "the maxims upon which they proceed, together with the method
of proceeding, rest entirely in their own breast, and are not defined
and ascertained by any particular stated laws."--1 _Blackstone_, 163, 164.
$It was probably from this view of the encroaching character of privilege,
that the framers of our Constitution, in their care to provide that
the laws shall bind equally on all, and especially that those who make
them shall not be exempt themselves from their operation, have only
privileged "Senators and Representatives" themselves from the single act
of arrest in all cases except treason, felony, and breach of the peace,
during their attendance at the session of their respective Houses, and
in going to and returning from the same, and from being questioned in
any other place for any speech or debate in either House.--Const. U. S.
Art. I. Sec. 6. Under the general authority "to makes all laws necessary
and proper for carrying into execution the powers given them," Const.
U. S. Art II. Sec. 8, they may provide by law the details which may be
necessary for giving full effect to the enjoyment of this privilege.
No such law being as yet made, it seems to stand at present on the
following ground:--1. The act of arrest is void, _ab initio_, 2 Stra.
989.--2. The member arrested may be discharged on motion, 1 BI. 166. 2.
Stra. 990; or by Habeas Corpus under the Federal or State authority,
as the case may be; or by a writ of privilege out of the Chancery, 2
Stra. 989, in those States which have adopted that part of the laws of
England.--Orders of the House of Com. 1550, Feb. 20.--3. The arrest being
unlawful, is a trespass for which the officer and others concerned are
liable to action or indictment in the ordinary courts of justice, as
in other cases of unauthorized arrest.--4. The court before which the
process is returnable, is bound to act as in other cases of unauthorized
proceeding, and liable also, as in other similar cases, to have their
proceedings stayed or corrected by the Superior Courts.
The time necessary for going to and returning from Congress not being
defined, it will of course be judged of in every particular case by
those who will have to decide the case.$
While privilege was understood in England to extend, as it does here, only
to exemption from arrest _eundo, morando et redeundo_, the House of Commons
themselves decided that "a convenient time was to be understood."--1580--1
_Hats._ 99, 100. Nor is the law so strict in point of time as to require
the party to set out immediately on his return, but allows him time to
settle his private affairs, and to prepare for his journey; and does not
even scan his road very nicely, nor forfeit his protection for a little
deviation from that which is most direct; some necessity perhaps
constraining him to it.--2 _Stra._ 986, 987.
This privilege from arrest, privileges of course against all process,
the disobedience is punishable by an attachment of the person; as a
subpoena ad respondendum, or testificandum, or a summons on a jury; and
with reason, because a member has superior duties to perform in another
place.
$When a Representative is withdrawn from his seat by summons, the 47,700
people whom he represents lose their voice in debate and vote, as they
do in his voluntary absence: when a Senator is withdrawn by summons,
his State loses half its voice in debate and vote, as it does in his
voluntary absence. The enormous disparity of evil admits no comparison.
So far there will probably be no difference of opinion as to the
privileges of the two Houses of Congress; but in the following cases
it is otherwise. In Dec. 1795, the House of Representatives committed
two persons of the names of Randall and Whitney, for attempting to
corrupt the integrity of certain members which they considered as a
contempt and breach of the privileges of the House and the facts being
proved, Whitney was detained in confinement a fortnight, and Randall
three weeks, and was reprimanded by the Speaker. In March, 1796, the
House of Representatives voted a challenge given to a member of their
House, to be a breach of the privileges of the House; but satisfactory
apologies and acknowledgments being made, no further proceedings were
had. The Editor of the Aurora having in his paper of Feb. 19, 1800,
inserted some paragraphs defamatory to the Senate, and failed in his
appearance, he was ordered to be committed. In debating the legality of
this order, it was insisted in support of it, that every man, by the law
of nature, and every body of men, possesses the right of self-defence;
that all public functionaries are essentially invested with the powers
of self-preservation; that they have an inherent right to do all acts
necessary to keep themselves in a condition to discharge the trusts
confided to them; that whenever authorities are given, the means of
carrying them into execution are given by necessary implication; that
thus we see the British Parliament exercise the right of punishing
contempts; all the State Legislatures exercise the same power; and every
Court does the same; that if we have it not, we sit at the mercy of every
intruder who may enter our doors or gallery, and by noise and tumult
render proceeding in business impracticable; that if our tranquillity
is to be perpetually disturbed by newspaper defamation, it will not
be possible to exercise our functions with the requisite coolness and
deliberation; and that we must therefore have a power to punish these
disturbers of our peace and proceedings. To this it was answered, that
the Parliament and Courts of England have cognizance of contempts by
the express provisions of their law; that the State Legislatures have
equal authority, because their powers are plenary; they represent their
constituents completely, and possess all their powers, except such as
their Constitutions have expressly denied them; that the Courts of the
several States have the same powers by the laws of their States, and
those of the Federal Government by the same State laws, adopted in each
State by a law of Congress; that none of these bodies, therefore, derive
those powers from natural or necessary right, but from express law; that
Congress have no such natural or necessary power, nor any powers but such
as are given them by the Constitution; that that has given them directly
exemption from personal arrest, exemption from question elsewhere for what
is said in the House, and power over their own members and proceedings;
for these, no further law is necessary, the Constitution being the law;
that, moreover, by that article of the Constitution which authorizes them
"to make all laws necessary and proper for carrying into execution the
powers vested by the Constitution in them," they may provide by law for
an undisturbed exercise of their functions, _e. g._ for the punishment of
contempts, of affrays or tumults in their presence, &c; but, till the law
be made, it does not exist; and does not exist, from their own neglect;
that in the meantime, however, they are not unprotected, the ordinary
magistrates and courts of law being open and competent to punish all
unjustifiable disturbances or defamations, and even their own sergeant,
who may appoint deputies ad libitum to aid him, 3 _Grey_, 59, 147, 255,
is equal to the smallest disturbances; that, in requiring a previous law,
the Constitution had regard to the inviolability of the citizen as well
as of the member; as, should one House, in the regular form of a bill,
aim at too broad privileges, it may be cheeked by the other, and both
by the President; and also as, the law being promulgated, the citizen
will know how to avoid offence. But if one branch may assume its own
privileges without control; if it may do it on the spur of the occasion,
conceal the law in its own breast, and after the fact committed make its
sentence both the law and the judgment on that fact; if the offence is
to be kept undefined, and to be declared only ex re nata, and according
to the passions of the moment, and there be no limitation either in the
manner or measure of the punishment, the condition of the citizen will
be perilous indeed. Which of these doctrines is to prevail, time will
decide. Where there is no fixed law, the judgment on any particular
case is the law of that single case only, and dies with it. When a new
and even a similar case arises, the judgment which is to make, and at
the same time apply, the law, is open to question and consideration, as
are all new laws. Perhaps Congress, in the meantime, in their care for
the safety of the citizens, as well as that for their own protection,
may declare by law what is necessary and proper to enable them to carry
into execution the powers vested in them, and thereby hang up a rule for
the inspection of all, which may direct the conduct of the citizen, and
at the same time test the judgments they shall themselves pronounce in
their own case.$
Privilege from arrest takes place by force of the election; and before
a return be made, a member elected may be named of a committee, and
is to every intent a member, except that he cannot vote until he is
sworn.--_Memor._ 107, 108.--_D'Ewes_, 642. _col._ 2. 653. _col._ 1.--_Pet.
Miscel. Parl._ 119; _Lex. Parl. c._ 23; 2 _Hats._ 22. 62.
Every man must, at his peril, take notice who are members of either
House returned of record.--_Lex. Parl._ 23, 4--_Inst._ 24.
On complaint of a breach of privilege, the party may either be summoned,
or sent for in custody of the sergeant.--1 _Grey_, 88, 95.
The privilege of a member is the privilege of the House. If the member
waive it without leave, it is a ground for punishing him, but cannot in
effect waive the privilege of the House.--_Grey_, 140. 222.
For any speech or debate in either House, they shall not be questioned
in any other place.--_Const. U. S._, Art. I. Sec. 6. _S. P. protest
of Commons to James I._ 1621. 2 _Rapin._ No. 54 p. 211, 212. But
this is restrained to things done in the House in a Parliamentary
course, 1 _Rush_, 663.--For he is not to have privilege contra morem
parliamentarium, to exceed the bounds and limits of his place and
duty.--_Com._ p.
If an offence be committed by a member in the House, of which the House
has cognizance, it is an infringement of their right for any person or
court to take notice of it, till the House has punished the offender,
or referred him to a due course.--_Lex. Parl._ 63.
Privilege is in the power of the House, and is a restraint to the
proceeding of inferior courts; but not of the House itself.--2 _Nalson_,
450; 2 _Grey_, 399. For whatever is spoken in the House, is subject to
the censure of the House; and offences of this kind have been severely
punished, by calling the person to the bar to make submission, committing
him to the Tower, expelling the House, &c.--_Scob._ 72; _Lex. Parl.
c._ 22.
It is a breach of order, for the Speaker to refuse to put a question
which is in order.--_Hats._ 175, 176; 5 _Grey_, 133.
And even in cases of treason, felony, and breach of the peace, to which
privilege does not extend as to substance; yet, in Parliament, a member
is privileged as to the mode of proceeding. The case is first to be laid
before the House, that it may judge of the fact, and of the grounds of the
accusation, and how far forth the manner of the trial may concern their
privilege. Otherwise it would be in the power of other branches of the
government, and even of every private man, under pretences of treason,
&c., to take any man from his service in the House; and so as many, one
after another, as would make the House what he pleaseth.--_Decision
of the Commons on the King's declaring Sir John Hotham a traitor_--4
_Rushw._ 586. So when a member stood indicted of felony, it was adjudged
that he ought to remain of the House till conviction. For it may be any
man's case, who is guiltless, to be accused and indicted of felony, or
the like crime.--23 _El._ 1580.--_D'Ewes_, 283, _col._ 1.--_Lex. Parl._
133.
When it is found necessary for the public service to put a member under
arrest, or when, on any public inquiry, matter comes out which may lead
to affect the person of a member, it is the practice immediately to
acquaint the House, that they may know the reasons for such a proceeding,
and take such steps as they think proper.--2 _Hats._ 259. Of which,
see many examples.--2 _Hats._ 256, 257, 258. But the communication is
subsequent to the arrest.--1 _Blackst._ 167.
It is highly expedient, says Hatsell, for the due preservation of the
privileges of the separate branches of the Legislature, that neither
should encroach on the other, or interfere in any matter depending
before them, so as to preclude, or even influence, that freedom of
debate, which is essential to a free council. They are, therefore, not
to take notice of any bills or other matters depending, or of votes that
have been given, or of speeches that have been held, by the members of
either of the other branches of the Legislature, until the same have
been communicated to them in the usual Parliamentary manner.--2 _Hats._
252; 4 _Inst._ 15; _Seld. Jud._ 63. Thus the King's taking notice of the
bill for suppressing soldiers depending before the House, his proposing
a provisional clause for a bill before it was presented to him by the
two Houses, his expressing displeasure against some persons for matters
moved in Parliament during the debate and preparation of a bill, were
breaches of privilege.--2 _Nalson_, 743. And in 1783, December 17, it was
declared a breach of fundamental privileges, &c. to report any opinion
or pretended opinion of the King, on any bill or proceeding depending
in either House of Parliament, with a view to influence the votes of
the members.--2 _Hats._ 251, 6.
SECTION IV.
ELECTIONS.
$The times, places, and manner of holding elections for Senators and
Representatives, shall be prescribed in each State by the Legislature
thereof; but the Congress may at any time by law make or alter such
regulations, except as to the place of choosing Senators.--_Const. U.
S._ Art. I. Sect. 4.
Each House shall be the judge of the elections, returns, and
qualifications of its own members.--_Const. U. S._ Art. I. Sec. 5.$
SECTION V.
QUALIFICATIONS.
The Senate of the United States shall be composed of two Senators from
each State, chosen by the Legislature thereof, for six years; and each
Senator shall have one vote.
Immediately after they shall be assembled, in consequence of the first
election, they shall be divided as equally as may be into three classes.
The seats of the Senators of the first class shall be vacated at the end
of the second year; of the second class, at the expiration of the fourth
year; and of the third class, at the expiration of the sixth year; so
that one-third may be chosen every second year; and if vacancies happen,
by resignation or otherwise, during the recess of the Legislature of any
State, the Executive thereof may make temporary appointments, until the
next meeting of the Legislature, which shall then fill such vacancies.
No person shall be a Senator, who shall not have attained to the age of
thirty years, and been nine years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that State for which
he shall be chosen.--_Const. U. S._ Art. I. Sec. 3.
The House of Representatives shall be composed of members chosen every
second year by the people of the several States; and the electors in
each State shall have the qualifications requisite for electors of the
most numerous branch of the State Legislature.
No person shall be a Representative who shall not have attained to the
age of twenty-five years, and been seven years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that State
in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several
States which may be included within this Union, according to their
respective numbers, which shall be determined by adding to the whole
number of free persons, including those bound to service for a term of
years, and excluding Indians not taxed, three-fifths of all other persons.
The actual enumeration shall be made within three years after the first
meeting of Congress of the United States, and within every subsequent
term of ten years, in such manner as they shall by law direct. The number
of Representatives shall not exceed one for every thirty thousand; but
each State shall have at least one Representative. _Const. U. S._ Art.
I. Sec. 2.
$The provisional apportionments of Representatives made in the
Constitution in 1787, and afterwards by Congress, were as follows:--
1787 1793 1801 1813
New Hampshire, 3 4 5 6
Massachusetts, 8 14 17 20
Rhode Island, 1 2 2 2
Connecticut, 5 7 7 7
Vermont, 2 6 6
New York, 6 10 17 27
New Jersey, 4 5 6 6
Pennsylvania, 8 13 18 23
Delaware, 1 1 1 2
Maryland, 6 8 9 9
Virginia, 10 19 22 23
Kentucky, 2 3 10
Tennessee, 1 6
North Carolina, 5 10 12 13
South Carolina, 5 6 8 9
Georgia, 3 2 4 6
Ohio, 6
When vacancies happen in the representation from any State, the
executive authority thereof shall issue writs of election to fill such
vacancies.--_Const. U. S._ Art. I. Sec. 2.
No Senator or Representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the
United States, which shall have been created, or the emoluments whereof
shall have been increased during such time; and no person holding any
office under the United States shall be a member of either house during
his continuance in office.--_Const. U. S._ Art. I. Sec. 6.$
SECTION VI.
QUORUM.
$A majority of each House shall constitute a quorum to do business; but
a smaller number may adjourn from day to day, and may be authorized to
compel the attendance of absent members, in such manner, and under such
penalties, as each house may provide.--_Const. U. S._ Art. I. Sec. 5.$
In general, the chair is not to be taken till a quorum for business is
present; unless, after due waiting, such a quorum be despaired of, when
the chair may be taken, and the House adjourned. And whenever, during
business, it is observed that a quorum is not present, any member may
call for the House to be counted; and being found deficient, business
is suspended.--2 _Hats._ 125, 126.
$The President having taken the chair, and a quorum being present, the
journal of the preceding day shall be read to the end, that any mistake
may be corrected that shall have been made in the entries.--_Rules of
the Senate_, 1.$
SECTION VII.
CALL OF THE HOUSE.
On a call of the House, each person rises up as he is called, and
answereth; the absentees are then only noted, but no excuse to be made
till the House be fully called over. Then the absentees are called a
second time, and if still absent, excuses are to be heard.--_Ord H. of
C._ 92.
They rise that their persons may be recognized; the voice, in such a
crowd, being an inefficient verification of their presence. But in so
small a body as the Senate of the United States, the trouble of rising
cannot be necessary.
Orders for calls on different days may subsist at the same time.--2
_Hats._ 72.
SECTION VIII.
ABSENCE.
$No member shall absent himself from the service of the Senate without
leave of the Senate first obtained. And in case a less number than a
quorum of the Senate shall convene, they are hereby authorized to send
the sergeant-at-arms, or any other person or persons by them authorized,
for any or all absent members, as the majority of such members present
shall agree, at the expense of such absent members respectively, unless
such excuse for non-attendance shall be made, as the Senate, when a quorum
is convened, shall judge sufficient, and in that case the expense shall
be paid out of the contingent fund. And this rule shall apply as well to
the first convention of the Senate, at the legal time of meeting, as to
each day of the session, after the hour is arrived to which the Senate
stood adjourned.--_Rule_ 19.$
SECTION IX.
SPEAKER.
$The Vice-President of the United States shall be President of the Senate,
but shall have no vote unless they be equally divided.--_Const. U. S._
Art I. Sec. 3.
The Senate shall choose their other officers, and also a President pro
tempore in the absence of the Vice-President, or when he shall exercise
the office of President of the United States.--_Const. U. S._ Art. I.
Sec. 3.
The House of Representatives shall choose their Speaker and other
officers.--_Const. U. S._ Art. I. Sec. 3.$
When but one person is proposed, and no objection made, it has not
been usual in Parliament to put any question to the House; but without
a question, the members proposing him, conduct him to the chair. But
if there be objection, or another proposed, a question is put by the
clerk.--2 _Hats._ 168. As are also questions of adjournment.--6 _Grey_,
406. Where the House debated and exchanged messages and answers with
the King for a week, without a Speaker, till they were prorogued. They
have done it de die in diem for 14 days.--1 _Chand._ 331, 335.
$In the Senate, a President pro tempore, in the absence of the
Vice-President, is proposed and chosen by ballot. His office is understood
to be determined on the Vice-President's appearing and taking the chair,
or at the meeting of the Senate after the first recess.--_Vide Rule_ 23.$
Where the Speaker has been ill, other Speakers pro tempore have been
appointed. Instances of this are, 1 _H._ 4, Sir John Cheney, and for Sir
William Sturton, and in 15 _H._ 6, Sir John Tyrrell, in 1656, Jan.27;
1658, Mar. 9; 1659, Jan. 13.
Sir Job Charlton ill, Seymour chosen, 1673, }
Feb. 18. }
} Not merely
Seymour being ill, Sir Robert Sawyer chosen, } pro tempore.--1
1678, April 15. } _Chand._
} 169, 276, 7.
Sawyer being ill, Seymour chosen, }
Thorpe in execution, a new Speaker chosen--31 _H._ VI.--3 _Grey_, 11;
and March 14, 1694, Sir John Trevor chosen. There have been no later
instances.--2 _Hats._ 161.--4 _Inst._--8 _Lex. Parl._ 263.
A Speaker may be removed at the will of the House, and a Speaker pro
tempore appointed.--2 _Grey_, 186; 5 _Grey_, 134.
SECTION X.
ADDRESS.
$The President shall, from time to time, give to the Congress information
of the state of the Union, and recommend to their consideration such
measures as he shall judge necessary and expedient.--_Const. U. S._ Art.
II. Sec. 3.$
A joint address from both Houses of Parliament is read by the Speaker of
the House of Lords. It may be attended by both Houses in a body, or by
a committee from each House, or by the two Speakers only. An address of
the House of Commons only may be presented by the whole House, or by the
Speaker,--9 _Grey_, 473; 1 _Chandler_, 298, 301; or by such particular
members as are of the Privy Council.--2 _Hats._ 278.
SECTION XI.
COMMITTEES.
Standing committees, as of privileges and elections, &c., are usually
appointed at the first meeting, to continue through the session. The
person first named is generally permitted to act as chairman. But this
is a matter of courtesy; every committee having a right to elect their
own chairman, who presides over them, puts questions, and reports their
proceedings to the House.--4 _Inst._ 11, 12; _Scob._ 7; 1 _Grey_, 112.
At these committees the members are to speak standing, and not sitting,
though there is reason to conjecture it was formerly otherwise.--_D'Ewes_,
630, _col._ 1; 4 _Parl. Hist._ 440; 2 _Hats._ 77.
Their proceedings are not to be published, as they are of no force till
confirmed by the House.--_Rushw. part_ 3, _vol._ 2, 74; 3 _Grey_, 401;
_Scob._ 39. Nor can they receive a petition but through the House.--9
_Grey_, 412.
When a committee is charged with an inquiry, if a member prove to be
involved, they cannot proceed against him, but must make a special report
to the House; whereupon the member is heard in his place, or at the bar,
or a special authority is given to the committee to inquire concerning
him.--9 _Grey_, 523.
So soon as the House sits, and a committee is notified of it, the chairman
is in duty bound to rise instantly, and the members to attend the service
of the House.--2 _Nals._ 19.
It appears, that on joint committee of the Lords and Commons, each
committee acted integrally in the following instances;--7 _Grey_, 261,
278, 286, 338; 1 _Chandler_, 357, 462. In the following instances it
does not appear whether they did or not:--6 _Grey_, 129; 7 _Grey_, 213,
229, 321.
SECTION XII.
COMMITTEE OF THE WHOLE.
The speech, messages, and other matters of great concernment, are usually
referred to a committee of the whole House--6 _Grey_, 311, where general
principles are digested in the form of resolutions, which are debated
and amended till they get into a shape which meets the approbation of
a majority. These being reported and confirmed by the House, are then
referred to one or more select committees, according as the subject
divides itself into one or more bills.--_Scob._ 36, 44. Propositions for
any charge on the people are especially to be first made in a committee
of the whole.--3 _Hats._ 127. The sense of the whole is better taken in
committee, because in all committees every one speaks as often as he
pleases.--_Scob._ 49. They generally acquiesce in the chairman named
by the Speaker; but, as well as all other committees, have a right to
elect one, some member, by consent, putting the question.--_Scob._ 36;
3 _Grey_, 301. The form of going from the House into committee, is for
the Speaker on motion, to put the question that the House do now resolve
itself into a committee of the whole, to take under consideration such
a matter, naming it. If determined in the affirmative, he leaves the
chair, and takes a seat elsewhere, as any other member; and the person
appointed chairman seats himself at the clerk's table.--_Scob._ 36.
Their quorum is the same as that of the House; and if a defect happens,
the chairman, on a motion and question, rises, the Speaker resumes the
chair, and the chairman can make no other report than to inform the House
of the cause of their dissolution. If a message is announced during a
committee, the Speaker takes the chair, and receives it, because the
committee cannot.--2 _Hats._ 125, 126.
In a committee of the whole, the tellers, on a division, differing as to
numbers, great heats and confusion arose, and dangers of a decision by
the sword. The Speaker took the chair, the mace was forcibly laid on the
table; whereupon, the members retiring to their places, the Speaker told
the House "he had taken the chair without an order, to bring the House
into order." Some excepted against it; but it was generally approved
as the only expedient to suppress the disorder. And every member was
required, standing up in his place, to engage that he would proceed no
further, in consequence of what had happened in the grand committee,
which was done.--3 _Grey_, 139.
A committee of the whole being broken up in disorder, and the chair
resumed by the Speaker without an order, the House was adjourned. The
next day the committee was considered as thereby dissolved, and the
subject again before the House; and it was decided in the House, without
returning into committee.--3 _Grey_, 130.
No previous question can be put in a committee; nor can this committee
adjourn as others may; but if their business is unfinished, they rise
on a question, the House is resumed, and the chairman reports that
the committee of the whole have, according to order, had under their
consideration such a matter, and have made progress therein; but not
having time to go through the same, have directed him to ask leave to sit
again. Whereupon, a question is put on their having leave, and on the time
when the House will again resolve itself into a committee.--_Scob._ 38.
But if they have gone through the matter referred to them, a member moves
that the committee may rise, and the chairman report their proceedings to
the House; which being resolved, the chairman rises, the Speaker resumes
the chair, the chairman informs him that the committee have gone through
the business referred to them, and that he is ready to make report when
the House shall think proper to receive it. If the House have time to
receive it, there is usually a cry of "Now, Now," whereupon he makes the
report; but if it be late, the cry is, "To-morrow, To-morrow," or, "On
Monday," &c., or a motion is made to that effect, and a question put,
that it be received to-morrow, &c.--_Scob._ 38.
In other things the rules of proceedings are to be the same as in the
House.--_Scob._ 39.
SECTION XIII.
EXAMINATION OF WITNESSES.
Common fame is a good ground for the House to proceed by inquiry, and
even to accusation.--_Resolution of the House of Commons_, 1 _Car._ 1,
1625; _Rush. Lex. Parl._ 115; 1 _Grey_, 16. 22. 92; 8 _Grey_, 21, 23,
27, 45.
Witnesses are not to be produced but where the House has previously
instituted an inquiry, 2 _Hats._ 102, nor then are orders for their
attendance given blank.--3 _Grey_, 51. The process is a summons from
the House.--4 _Hats._ 255, 258.
When any person is examined before a committee, or at the bar of the
House, any member wishing to ask the person a question, must address it
to the Speaker or chairman, who repeats the question to the person, or
says to him, "You hear the question, answer it." But if the propriety of
the question be objected to, the Speaker directs the witness, counsel,
and parties to withdraw; for no question can be moved, or put, or
debated, while they are there.--2 _Hats._ 108. Sometimes the questions
are previously settled in writing before the witness enters.--2 _Hats._
106, 107; 8 _Grey_, 64. The questions asked must be entered in the
journals.--3 _Grey_, 81. But the testimony given in answer before the
House is never written down; but before a committee it must be for the
information of the House, who are not present to hear it.--7 _Grey_,
52, 334.
If either House have occasion for the presence of a person in custody
of the other, they ask the other their leave that he may be brought up
to them in custody.--3 _Hats._ 52.
A member, in his place, gives information to the House of what he knows
of any matter under hearing at the bar.--_Jour. H. of C._, Jan. 22,
1744, 5.
Either House may request, but not command, the attendance of a member of
the other. They are to make the request by message to the other House,
and to express clearly the purpose of attendance, that no improper subject
of examination may be tendered to him. The House then gives leave to the
member to attend, if he choose it; waiting first to know from the member
himself whether he chooses to attend, till which they do not take the
message into consideration. But when the Peers are sitting as a court
of Criminal Judicature, they may order attendance; unless where it be
a case of impeachment by the Commons. There it is to be a request.--3
_Hats._ 17; 9 _Grey_, 306, 406; 10 _Grey_, 133.
Counsel are to be heard only on private, not on public bills; and on
such points of law only as the House shall direct.--19 _Grey_, 61.
SECTION XIV.
ARRANGEMENT OF BUSINESS.
The Speaker is not precisely bound to any rules as to what bills or other
matter shall be first taken up, but is left to his own discretion, unless
the House on a question decide to take up a particular subject.--_Hakew._
136.
A settled order of business is, however, necessary for the government of
the presiding person, and to restrain individual members from calling
up favorite measures, or matters under their special patronage, out
of their just turn. It is useful also for directing the discretion of
the House, when they are moved to take up a particular matter, to the
prejudice of others having a priority of right to their attention in
the general order of business.
$In Senate, the bills and other papers which are in possession of the
House, and in a state to be acted upon, are arranged every morning, and
brought on in the following order:
1. Bills ready for a second reading are read, that they may be referred
to committees, and so be put under way. But if, on their being read, no
motion is made for commitment, they are then laid on the table in the
general file, to be taken up in their just turn.
2. After twelve o'clock, bills ready for it are put on their passage.
3. Reports in possession of the House which offer grounds for a bill,
are to be taken up, that the bill may be ordered in.
4. Bills or other matters before the House, and unfinished on the
preceding day, whether taken up in turn, or on special order, are entitled
to be resumed and passed on through their present stage.
5. These matters being despatched, for preparing and expediting business,
the general file of bills and other papers is then taken up, and each
article of it is brought on according to its seniority, reckoned by the
date of its first introduction to the House. Reports on bills belong to
the dates of their bills.
In this way we do not waste our time in debating what shall be taken
up: we do one thing at a time, follow up a subject while it is fresh,
and till it is done with; clear the House of business, gradatim as it is
brought on, and prevent, to a certain degree, its immense accumulation
towards the close of the session.
Arrangement, however, can only take hold of matters in possession of the
House. New matter may be moved at any time, when no question is before
the House. Such are original motions, and reports on bills. Such are,
bills from the other House, which are received at all times, and receive
their first reading as soon as the question then before the House is
disposed of; and bills brought in on leave, which are read first whenever
presented. So, messages from the other House respecting amendments to
bills, are taken up as soon as the House is clear of a question, unless
they require to be printed for better consideration. Orders of the day
may be called for, even when another question is before the House.$
SECTION XV.
ORDER.
$Each House may determine the rules of its proceedings; punish its members
for disorderly behavior, and, with the concurrence of two-thirds, expel
a member.--_Const._ I. 5.$
In Parliament, "instances make order," _per Speaker Onslow_, 2 _Hats._
144; but what is done only by one Parliament, cannot be called custom
of Parliament: _by Prynne_, 1 _Grey_, 52.
SECTION XVI.
ORDER RESPECTING PAPERS.
The Clerk is to let no journals, records, accounts, or papers, be taken
from the table, or out of his custody.--2 _Hats._ 193, 194.
Mr. Prynne having, at a committee of the whole, amended a mistake in a
bill, without order or knowledge of the committee, was reprimanded. 1
_Chand._ 77.
A bill being missing, the House resolved, that a protestation should
be made and subscribed by the members, "before Almighty God and this
honorable House, that neither myself nor any other, to my knowledge,
have taken away, or do at this present conceal a bill entitled," &c.--5
_Grey_, 202.
After a bill is engrossed, it is put into the Speaker's hands, and he
is not to let any one have it to look into.--_Town. col._ 209.
SECTION XVII.
ORDER IN DEBATE.
When the Speaker is seated in his chair, every member is to sit in his
place.--_Scob._ 6; _Grey_, 403.
When any member means to speak, he is to stand up in his place, uncovered,
and to address himself, not to the House, or any particular member, but
to the Speaker, who calls him by his name, that the House may take notice
who it is that speaks.--_Scob._ 6; _D'Ewes_, 487, _col._ 1; 2 _Hats._
77; 4 _Grey_, 66; 8 _Grey_, 108. But members who are indisposed may be
indulged to speak sitting.--3 _Hats._ 75, 77; 1 _Grey_, 195.
$In Senate, every member, when he speaks, shall address the chair,
standing in his place; and when he has finished, shall sit down.--_Rule_
3.$
When a member stands up to speak, no question is to be put; but he is
to be heard, unless the House overrule him.--4 _Grey_, 390; 5 _Grey_,
6, 143.
If two or more rise to speak nearly together, the Speaker determines
who was first up, and calls him by name; whereupon he proceeds, unless
he voluntarily sits down, and gives way to the other. But sometimes the
House does not acquiesce in the Speaker's decision; in which case, the
question is put, "which member was first up?"--2 _Hats._ 76; _Scob._ 7;
_D'Ewes_, 434, _col._ 1, 2.
$In the Senate of the United States, the President's decision is without
appeal. Their rule is in these words:--_When two members rise at the
same time, the President shall name the person to speak; but in all
cases_, the member who shall first rise and address the chair, shall
speak first.--_Rule_ 5.$
No man can speak more than once to the same bill, on the same day; or
even on another day, if the debate be adjourned. But if it be read more
than once, in the same day, he may speak once at every reading.--_Co._
12, 116; _Hakew._ 148; _Scob._ 58; 2 _Hats._ 75. Even a change of opinion
does not give a right to be heard a second time.--_Smyth. Comw. L._
2. _c._ 3; _Arcan. Parl._ 17.
$The corresponding rule of the Senate is in these words:--No member
shall speak more than twice in any one debate on the same day, without
leave of the Senate.--_Rule_ 4.$
But he may be permitted to speak again to clear a matter of fact.--3
_Grey_, 357, 416. Or merely to explain himself, 3 _Hats._ 73, in some
material part of his speech, _ib._ 75; or to the manner or words of
the question, keeping himself to that only, and not travelling into the
merits of it, _Memorials in Hakew._ 29; or to the orders of the House,
if they be transgressed, keeping within that line, and falling into the
matter itself.--_Mem. Hakew._ 30, 31.
But if the Speaker rises to speak, the member standing up ought to sit
down, that he may be first heard. _Town. col._ 205; _Hale. Parl._ 133;
_Mem. in Hakew._ 30, 31. Nevertheless, though the Speaker may of right
speak to matters of order, and be first heard, he is restrained from
speaking on any other subject, except where the House have occasion for
facts within his knowledge: then he may, with their leave, state the
matter of fact.--3 _Grey_, 38.
No one is to speak impertinently or beside the question, superfluously
or tediously.--_Scob._ 31, 33; 2 _Hats._ 166, 168; _Hale, Parl._ 133.
No person is to use indecent language against the proceedings of the
House, no prior determination of which is to be reflected on by any
member unless he means to conclude with a motion to rescind it.--2 _Hats._
169, 170; _Rushw._ p. 3. v. 1. fol. 42. But while a proposition is under
consideration, is still in fieri, though it has even been reported by a
committee, reflections on it are no reflections on the House.--9 _Grey_,
308.
No person in speaking, is to mention a member then present by his
name; but to describe him by his seat in the House, or who spoke last
or on the other side of the question, &c. _Mem. in Hawk._--3 _Smyth's
Comw., L._ 2. _c._ 3; nor to digress from the matter to fall upon the
person.--_Scob._ 31; _Hale, Parl._ 133; 2 _Hats._ 166, by speaking,
reviling, nipping, or unmannerly words against a particular member.
_Smyth's Comw. L._ 2. _c._ 3. The consequence of a measure may be
reprobated in strong terms; but to arraign the motives of those who
propose or advocate it, is a personality, and against order. Qui
digreditur a materia ad personam, Mr. Speaker ought to suppress.--_Ord.
Com._ 1604, Apr. 19.
$When a member shall be called to order he shall sit down, until the
President shall have determined whether he is in order or not.--_Rule_
16.
No member shall speak to another, or otherwise interrupt the business
of the Senate, or read any printed paper while the Journals or public
papers are reading, or when any member is speaking in any debate.--_Rule_
2.
No one is to disturb another in his speech, by hissing, coughing,
spitting,--6 _Grey_, 332; _Scob._ 8; _D'Ewes_, 332, _col._ 1; nor stand
up to interrupt him,--_Town. col._ 205; _Mem. in Hakew._ 31; nor to
pass between the Speaker and the speaking member; nor to go across the
House,--_Scob._ 6; or to walk up and down it; or to take books or papers
from the table, or write there.--2 _Hats._ 171.
Nevertheless, if a member finds it is not the inclination of the House to
hear him, and that, by conversation or any other noise, they endeavor to
drown his voice, it is the most prudent way to submit to the pleasure of
the House, and sit down; for it scarcely ever happens that they are guilty
of this piece of ill manners without sufficient reason, or inattentive
to a member who says any thing worth their hearing.--2 _Hats._ 77, 78.
If repeated calls do not produce order, the Speaker may call by his name
any member obstinately persisting in irregularity; whereupon the House
may require the member to withdraw. He is then to be heard in exculpation
and to withdraw. Then the Speaker states the offence committed, and the
House considers the degree of punishment they will inflict.--2 _Hats._
169, 7, 8, 172.
For instances of assaults and affrays in the House of Commons, and the
proceedings thereon, see 1 _Pet. Misc._ 82; 3 _Grey_, 128; 4 _Grey_, 328;
5 _Grey_, 38; 26 _Grey_, 204; 10 _Grey_, 8. Whenever warm words or an
assault have passed between the members, the House, for the protection of
their members, requires them to declare in their place not to prosecute
any quarrel,--3 _Grey_, 128, 293; 5 _Grey_, 289; or orders them to attend
the Speaker, who is to accommodate their differences, and to report to
the House,--3 _Grey_, 419; and they are put under restraint, if they
refuse, or until they do.--9 _Grey_, 234, 312.
Disorderly words are not to be noticed till the member has finished
his speech.--5 _Grey_, 356; 6 _Grey_, 60. Then the person objecting to
them, and desiring them to be taken down by the clerk at the table, must
repeat them. The Speaker then may direct the clerk to take them down
in his minutes. But if he thinks them not disorderly, he delays the
direction. If the call becomes pretty general, he orders the clerk to
take them down, as stated by the objecting member. They are then part
of his minutes, and when read to the offending member, he may deny they
were his words, and the House must then decide by a question, whether
they are his words or not. Then the member may justify them, or explain
the sense in which he used them, or apologize. If the House is satisfied,
no further proceeding is necessary. But if two members still insist
to take the sense of the House, the member must withdraw before that
question is stated, and then the sense of the House is to be taken.--2
_Hats._ 199; 4 _Grey_, 170; 6 _Grey_, 59. When any member has spoken,
or other business intervened, after offensive words spoken, they cannot
be taken notice of for censure. And this is for the common security of
all, and to prevent mistakes, which must happen, if words are not taken
down immediately. Formerly, they might be taken down at any time the
same day.--2 _Hats._ 196; _Mem. in Hakew._ 71; 3 _Grey_, 48; 9 _Grey_,
514.
Disorderly words spoken in a committee, must be written down as in
the House; but the committee can only report them to the House for
animadversion.--6 _Grey_, 46.
$The rule of the Senate says,--If a member be called to order for words
spoken, the exceptionable words shall be immediately taken down in
writing, that the President may be better enabled to judge.--_Rule_ 17.$
In Parliament, to speak irreverently or seditiously against the King,
is against order.--_Smyth's Comw. L._ 2, _c._ 3; 2 _Hats._ 170.
It is a breach of order in debate to notice what has been said on the
same subject in the other House, or the particular votes or majorities
on it there; because the opinion of each House should be left to its own
independency, not to be influenced by the proceedings of the other; and
the quoting them might beget reflections leading to a misunderstanding
between the two Houses.--8 _Grey_, 22.
Neither House can exercise any authority over a member or officer of
the other, but should complain to the House of which he is, and leave
the punishment to them. Where the complaint is of words disrespectfully
spoken by a member of another House, it is difficult to obtain punishment,
because of the rules supposed necessary to be observed (as to the
immediate noting down of words) for the security of members. Therefore
it is the duty of the House, and more particularly of the Speaker, to
interfere immediately, and not to permit expressions to go unnoticed,
which may give a ground of complaint to the other House, and introduce
proceedings and mutual accusations between the two Houses, which can
hardly be terminated without difficulty and disorder.--3 _Hats._ 51.
No member may be present when a bill, or any business concerning himself,
is debating; nor is any member to speak to the merits of it till he
withdraws.--2 _Hats._ 219. The rule is, that if a charge against a member
arise out of a report of a committee, or examination of witnesses in
the House, as the member knows from that to what points he is to direct
his exculpation, he may be heard to those points before any question
is moved or stated against them. He is then to be heard, and withdraw
before any question is moved. But if the question itself is the charge,
as for breach of order, or matter arising in debate, there the matter
must be stated, that is, the question must be moved, himself heard, and
then to withdraw.--2 _Hats._ 121, 122.
Where the private interests of a member are concerned in a bill or
question, he is to withdraw. And where such an interest has appeared, his
voice has been disallowed, even after a division. In a case so contrary
not only to the laws of decency, but to the fundamental principles of
the social compact, which denies to any man to be a judge in his own
cause, it is for the honor of the House that this rule of immemorial
observance should be strictly adhered to.--2 _Hats._ 119, 121; 6 _Grey_,
368.
No member is to come into the House with his head covered, nor to remove
from one place to the other with his hat on, nor is to put on his hat
in coming in, or removing, until he be sit down in his place.--_Scob._
6.
A question of order may be adjourned to give time to look into
precedents.--2 _Hats._ 118.
$In the Senate of the United States, every question of order is to be
decided by the President, without debate; but if there be a doubt in
his mind, he may call for the sense of the Senate.--_Rule_ 16.$
In Parliament, all decisions of the Speaker may be controlled by the
House.--3 _Grey_, 319.
SECTION XVIII.
ORDERS OF THE HOUSE.
Of right, the door of the House ought not to be shut, but to be kept by
porters, or sergeants-at-arms, assigned for that purpose.--_Mod. ten.
Parl._ 23.
$By the rule of the Senate, on motion made and seconded to shut the
doors of the Senate, on the discussion of any business which may in the
opinion of a member, require secrecy, the President shall direct the
gallery to be cleared; and during the discussion of such motion the door
shall remain shut.--_Rule_ 28.
No motion shall be deemed in order, to admit any person or persons
whatever within the doors of the Senate-chamber, to present any petition,
memorial, or address, or to hear any such read.--_Rule_ 29.$
The only case where a member has a right to insist on anything, is
where he calls for the execution of a subsisting order of the House.
Here, there having been already a resolution, any member has a right to
insist that the Speaker, or any other whose duty it is, shall carry it
into execution; and no debate or delay can be had on it. Thus any member
has a right to have the House or gallery cleared of strangers, an order
existing for that purpose; or to have the House told when there is not
a quorum present.--2 _Hats._ 87, 129. How far an order of the House is
binding, see _Hakew._ 392.
But where an order is made that any particular matter be taken up on
a particular day, there a question is to be put when it is called for,
Whether the House will now proceed to that matter? Where orders of the day
are on important or interesting matter, they ought not to be proceeded
on till an hour at which the House is usually full--(_which in Senate
is at noon_.)
Orders of the day may be discharged at any time, and a new one made for
a different day.--3 _Grey_, 48, 313.
When a session is drawing to a close, and the important bills are all
brought in, the House, in order to prevent interruption by further
unimportant bills, sometimes come to a resolution, that no new bill be
brought in, except it be sent from the other House.--3 _Grey_, 156.
All orders of the House determine with the session; and one taken under
such an order may, after the session is ended, be discharged on a Habeas
Corpus.--_Raym._ 120; _Jacob's L. D. by Ruffhead_; _Parliament_, 1 _Lev._
165, _Prichard's case_.
$Where the Constitution authorizes each House to determine the rule of
its proceedings, it must mean in those cases, legislative, executive,
or judiciary, submitted to them by the Constitution, or in something
relating to these, and necessary towards their execution. But orders and
resolutions are sometimes entered in their journals, having no relation
to these, such as acceptances of invitations to attend orations, to
take part in processions, &c. These must be understood to be merely
conventional among those who are willing to participate in the ceremony,
and are therefore, perhaps, improperly placed among the records of the
House.$
SECTION XIX.
PETITIONS.
A petition prays something. A remonstrance has no prayer.--1 _Grey_, 58.
Petitions must be subscribed by the petitioners, _Scob._ 87; _L. Parl.
c._ 22; 9 _Grey_, 362, unless they are attending, 1 _Grey_, 401, or
unable to sign, and averred by a member.--3 _Grey_, 418. But a petition
not subscribed, but which the member presenting it affirmed to be all in
the handwriting of the petitioner, and his name written in the beginning,
was, on the question, (March 14, 1800,) received by the Senate. The
averment of a member, or somebody without doors, that they know the
handwriting of the petitioners, is necessary, if it be questioned.--6
_Grey_, 36. It must be presented by a member, not by the petitioners,
and must be opened by him, holding it in his hand.--10 _Grey_, 57.
$Before any petition or memorial, addressed to the Senate, shall be
received and read at the table, whether the same shall be introduced
by the President or a member, a brief statement of the contents of the
petition or memorial shall verbally be made by the introducer.--_Rule_
21.$
Regularly a motion for receiving it must be made and seconded, and a
question put, Whether it shall be received? But a cry from the House of
"Received," or even its silence, dispenses with the formality of this
question: it is then to be read at the table, and disposed of.
SECTION XX.
MOTIONS.
When a motion has been made, it is not to be put to the question, or
debated, until it is seconded.--_Scob._ 21.
$The Senate say, No motion shall be debated until the same shall be
seconded.--_Rule_ 6.$
It is then, and not till then, in possession of the House. It is to be
put into writing, if the House or Speaker require it, and must be read
to the House by the Speaker, as often as any member desires it for his
information.--2 _Hats._ 82.
$The rule of the Senate is, When a motion shall be made and seconded, it
shall be reduced to writing, if desired by the President or any member,
delivered in at the table, and read by the President before the same
shall be debated.--_Rule_ 7.$
It might be asked, whether a motion for adjournment, or for the orders of
the day, can be made by one member while another is speaking? It cannot.
When two members offer to speak, he who rose first is to be heard, and
it is a breach of order in another to interrupt him, unless by calling
him to order if he departs from it. And the question of order being
decided, he is still to be heard through. A call for adjournment, or for
the order of the day, or for the question, by gentlemen from their seats,
is not a motion. No motion can be made without arising and addressing
the chair. Such calls are themselves breaches of order, which, though
the member who has risen may respect as an expression of impatience of
the House against farther debate, yet, if he chooses, he has a right to
go on.
SECTION XXI.
RESOLUTIONS.
When the House commands, it is by an "order." But facts, principles,
their own opinions and purposes, are expressed in the form of resolutions.
$A resolution for an allowance of money to the clerks being moved,
it was objected to as not in order, and so ruled by the chair. But on
appeal to the Senate, (i. e., a call for their sense by the President,
on account of doubt in his mind, according to Rule 16,) the decision
was overruled.--_Journ. Sen._, June 1, 1796. I presume the doubt was,
whether an allowance of money could be made otherwise than by bill.$
SECTION XXII.
BILLS.
$Every bill shall receive three readings previous to its being passed;
and the President shall give notice at each, whether it be the first,
second, or third; which readings shall be on three different days, unless
the Senate unanimously direct otherwise, or unless by a joint vote of
both Houses, or the expiration of their term, the session is to be closed
within three days.--_Rule_ 13.$
SECTION XXIII.
BILLS, LEAVE TO BRING IN.
$One day's notice, at least, shall be given of an intended motion for
leave to bring in a bill.--_Rule_ 12.$
When a member desires to bring a bill on any subject, he states to the
House, in general terms, the causes for doing it, and concludes by moving
for leave to bring in a bill, entitled, &c. Leave being given, on the
question, a committee is appointed to prepare and bring in the bill.
The mover and seconder are always appointed on this committee, and one
or more in addition.--_Hakew._ 132; _Scob._ 40.
It is to be presented fairly written, without any erasure or
interlineation; or the Speaker may refuse it.--_Scob._ 31; 1 _Grey_,
82, 84.
SECTION XXIV.
BILLS, FIRST READING.
When a bill is first presented, the clerk reads it at the table, and
hands it to the Speaker, who, rising, states to the House the title of
the bill; that this is the first time of reading it; and the question
will be, Whether it shall be read a second time? Then, sitting down, to
give an opening for objections; if none be made, he rises again, and
puts the question, Whether it shall be read a second time?--_Hakew._
137, 141. A bill cannot be amended at the first reading,--6 _Grey_,
286; nor is it usual for it to be opposed then, but it may be done and
rejected.--_D'Ewes_, 335, _col._ 1; 3 _Hats._ 198.
SECTION XXV.
BILLS, SECOND READING.
The second reading must regularly be on another day.--_Hakew._ 143. It
is done by the clerk at the table, who then hands it to the Speaker. The
Speaker, rising, states to the House the title of the bill, that this is
the second time of reading it, and that the question will be, Whether
it shall be committed, or engrossed and read a third time? But if the
bill came from the other House, as it always comes engrossed, he states
that the question will be, Whether it shall be read a third time? And
before he has so reported the state of the bill, no one is to speak to
it.--_Hakew._ 143, 146.
$In the Senate of the United States, the President reports the title of
the bill, that this is the second time of reading it, that it is now to
be considered as in a committee of the whole, and the question will be,
Whether it shall be read a third time? or, that it may be referred to
a special committee.$
SECTION XXVI.
BILLS, COMMITMENT.
If, on motion and question, it be decided that the bill shall be
committed, it may then be moved to be referred to a committee of the whole
House, or to a special committee. If the latter, the Speaker proceeds
to name the committee. Any member also may name a single person, and
the clerk is to write him down as of the committee. But the House have
a controlling power over the names and number, if a question be moved
against any one; and may in any case put in and put out whom they please.
Those who take exceptions to some particulars in the bill, are to be
of the committee. But none who speak directly against the body of the
bill. For he that would totally destroy, would not amend it.--_Hakew._
146; _Town. col._ 208; _D'Ewes_, 634, _col._ 2; _Scob._ 47; or, as is
said, 5 _Grey_, 145, the child is not to be put to a nurse that cares
not for it.--6 _Grey_, 373. It is therefore a constant rule, "that no
man is to be employed in any matter who has declared himself against
it." And when any member who is against the bill, hears himself named of
its committee, he ought to ask to be excused. Thus, March 6, 1606, Mr.
Hadley was, on the question being put, excused from being of a committee,
declaring himself to be against the matter itself.--_Scob._ 48.
$No bill shall be committed or amended until it shall have been twice
read, after which it may be referred to a committee.--_Rule_ 14.
All committees shall be appointed by ballot, and a plurality of voices
shall make a choice.--_Rule_ 15.$
The clerk may deliver the bill to any member of the committee.--_Town._
_col._ 138. But it is usual to deliver it to him who is first named.
In some cases, the House has ordered the committee to withdraw immediately
into the committee-chamber, and act on and bring back the bill, sitting
the House.--_Scob._ 48.
A committee meets when and where they please, if the House has not ordered
time and place for them.--6 _Grey_, 370. But they can only act when
together, and not by separate consultation and consent; nothing being
the report of the committee, but what has been agreed to in committee,
actually assembled.
A majority of the committee constitutes a quorum for business.--_Elsynge's
method of passing bills_, 11.
Any member of the House may be present at any select committee, but
cannot vote, and must give place to all of the committee, and must sit
below them.--_Elsynge_, 12; _Scob._ 49.
But in 1626, April 24th, the House of Commons resolved that though any
members may be present at the examination of witnesses, they may not
be at the debate, disposition, or penning of the business by the select
committee.--4 _Hats._ 124.
The committee have full power over the bill or other paper committed to
them, except that they cannot change the title or subject.--8 _Grey_, 228.
The paper before a committee, whether select or of the whole, may be a
bill, resolutions, draught of an address, &c., and it may either originate
with them, or be referred to them. In every case, the whole paper is read
first by the clerk, and then by the chairman, by paragraphs, _Scob._
49, pausing at the end of each paragraph, and putting questions, for
amending, if proposed. In the case of resolutions on distinct subjects,
originating with themselves, a question is put on each separately, as
amended, or unamended, and no final question on the whole.--3 _Hats._ 276.
But if they relate to the same subject, a question is put on the whole.
If it be a bill, draught of an address, or other paper originating with
them, they proceed by paragraphs, putting questions for amending, either
by inserting or striking out, if proposed; but no question on agreeing
to the paragraphs separately. This is reserved to the close, when a
question is put on the whole for agreeing to it as amended or unamended.
But if it be a paper referred to them, they proceed to put questions of
amendment, if proposed, but no final question on the whole; because all
parts of the paper having been adopted by the House, stand, of course,
unless altered, or struck out by a vote. Even if they are opposed to the
whole paper, and think it cannot be made good by amendments, they cannot
reject it, but must report it back to the House without amendments, and
there make their opposition.
The natural order in considering and amending any paper is, to begin
at the beginning, and proceed through it by paragraphs; and this order
is so strictly adhered to in Parliament, that, when a latter part has
been amended, you cannot recur back and make any alteration in a former
part.--2 _Hats._ 90. In numerous assemblies, this restraint is, doubtless,
important.
$But in the Senate of the United States, though in the main we consider
and amend the paragraphs in their natural order, yet recurrences are
indulged; and they seem, on the whole, in that small body, to produce
advantages overweighing their inconveniences.$
To this natural order of beginning at the beginning, there is a single
exception found in Parliamentary usage. When a bill is taken up in
committee, or on its second reading, they postpone the preamble, till
the other parts of the bill are gone through. The reason is, that on
consideration of the body of the bill, such alterations may therein be
made, as may also occasion the alteration of the preamble.--_Scob._ 50;
7 _Grey_, 431.
On this head, the following case occurred in the Senate, March 6, 1800.
A resolution which had no preamble, having been already amended by the
House, so that a few words only of the original remained in it, a motion
was made to prefix a preamble, which, having an aspect very different
from the resolution, the mover intimated that he should afterwards
propose a correspondent amendment in the body of the resolution. It
was objected that a preamble could not be taken up till the body of the
resolution is done with. But the preamble was received; because we are
in fact through the body of the resolution, we have amended that as far
as amendments have been offered, and indeed till little of the original
is left. It is the proper time, therefore, to consider a preamble;
and whether the one offered be consistent with the resolution, is for
the House to determine. The mover, indeed, has intimated that he shall
offer a subsequent proposition for the body of the resolution; but the
House is not in possession of it; it remains in his breast, and may
be withheld. The rules of the House can only operate on what is before
them. The practice of the Senate, too, allows recurrences backwards and
forwards for the purpose of amendments, not permitting amendments in a
subsequent, to preclude those in a prior part, or _a converso_.
When the committee is through the whole, a member moves that the committee
may rise, and the chairman report the paper to the House, with or without
amendments, as the case may be. --2 _Hats._ 289, 292; _Scob._ 53; 2
_Hats._ 290; 8 _Scob._ 50.
When a vote is once passed in a committee, it cannot be altered but by
the House, their votes being binding on themselves.--1607, June 4.
The committee may not erase, interline, or blot the bill itself; but
must, in a paper by itself, set down the amendments, stating the words
that are to be inserted or omitted, _Scob._ 50; and where, by reference
to the page, line, and word of the bill.--_Scob._ 50.
SECTION XXVII.
REPORT OF COMMITTEE.
The chairman of the committee, standing in his place, informs the House
that the committee, to whom was referred such a bill, have, according to
order, had the same under consideration, and have directed him to report
the same without any amendment, or with sundry amendments, (as the case
may be,) which he is ready to do when the House pleases to receive it.
And he, or any other, may move that it be now received. But the cry of
"now, now," from the House, generally dispenses with the formality of
a motion and question. He then reads the amendments, with the coherence
in the bill, and opens the alterations, and the reasons of the committee
for such amendment, until he has gone through the whole. He then delivers
it at the clerk's table, where the amendments reported are read by the
clerk, without the coherence; whereupon the papers lie upon the table,
till the House, at his convenience, shall take up the report.--_Scob._
52; _Hakew._ 148.
The report being made, the committee is dissolved, and can act no more
without a new power.--_Scob._ 51. But it may be revived by a vote, and
the same matter recommitted to them.--4 _Grey_, 361.
SECTION XXVIII.
BILL, RECOMMITMENT.
After a bill has been committed and reported, it ought not, in an ordinary
course, to be recommitted. But in cases of importance, and for special
reasons, it is sometimes recommitted, and usually to the same committee.
_Hakew._ 151. If a report be committed before agreed to in the House,
what has passed in the committee is of no validity; the whole question
is again before the committee, and a new resolution must be again moved,
as if nothing had passed.--3 _Hats._ 131, note.
In Senate, January, 1800, the salvage bill was recommitted three times
after the commitment.
A particular clause of a bill may be committed without the whole bill,--3
_Hats._ 131; or so much of a paper to one, and so much to another
committee.
SECTION XXIX.
BILL, REPORT TAKEN UP.
When the report of a paper, originating with a committee, is taken
up by the House, they proceed exactly as in committee. Here, as in
committee, when the paragraphs have, on distinct questions, been agreed
to _seriatim_,--5 _Grey_, 365; 6 _Grey_, 368; 8 _Grey_, 47, 104, 360;
1 _Torbuck's deb._ 124; 3 _Hats._ 348,--no question need be put on the
whole report.--5 _Grey_, 381.
On taking up a bill reported with amendments, the amendments only
are read by the clerk. The Speaker then reads the first, and puts it
to the question, and so on till the whole are adopted or rejected,
before any other amendment be admitted, except it be an amendment to
an amendment.--_Elsynge's Mem._ 23. When through the amendments of
the committee, the Speaker pauses, and gives time for amendments to be
proposed in the House to the body of the bill; as he does also if it has
been reported without amendments; putting no question but on amendments
proposed; and when through the whole, he puts the question, Whether the
bill shall be read the third time?
SECTION XXX.
QUASI-COMMITTEE.
If, on the motion and question, the bill be not committed, or if no
proposition for commitment be made, then the proceedings in the Senate
of United States and in Parliament are totally different. The former
shall be first stated.
$The 20th rule of the Senate says, "All bills, on a second reading,
shall first be considered by the Senate in the same manner as if the
Senate were in a committee of the whole, before they shall be taken up
and proceeded on by the Senate agreeably to the standing rules, unless
otherwise ordered;" that is to say, unless ordered to be referred to a
special committee.
The proceeding of the Senate, as in committee of the whole, or in
quasi-committee, are precisely as in a real committee of the whole,
taking no questions but on amendments. When through the whole, they
consider the quasi-committee as risen, the House resumed, without any
motion, question, or resolution to that effect, and the President reports,
that "the House, acting as in committee of the whole, have had under
consideration the bill entitled, &c., and have made sundry amendments,
which he will now report to the House." The bill is then before them,
as it would have been if reported from a committee, and questions are
regularly to be put again on every amendment: which being gone through,
the President pauses to give time to the House to propose amendments to
the body of the bill, and when through, puts the question, whether it
shall be read a third time?
After progress in amending a bill in quasi-committee, a motion may be
made to refer it to a special committee. If the motion prevails, it is
equivalent in effect to the several votes that the committee rise, the
House resume itself, discharge the committee of the whole, and refer the
bill to a special committee. In that case, the amendments already made
fall. But if the motion fails, the quasi-committee stands in _statu quo_.$
How far does this 20th rule subject the House, when in quasi-committee,
to the laws which regulate the proceedings of a committee of the whole?
The particulars, in which these differ from proceedings in the House,
are the following:--1. In a committee, every member may speak as often
as he pleases.--2. The votes of a committee may be rejected or altered
when reported to the House.--3. A committee, even of the whole, cannot
refer any matter to another committee.--4. In a committee, no previous
question can be taken: the only means to avoid an improper discussion,
is to move that the committee rise; and if it be apprehended that the
same discussion will be attempted on returning into committee, the House
can discharge them, and proceed itself on the business, keeping down the
improper discussion by the previous question.--5. A committee cannot
punish a breach of order, in the House, or in the gallery,--9 _Grey_,
113; it can only rise and report it to the House, who may proceed to
punish.
$The 1st and 2d of these peculiarities attach to the quasi-committee of
the Senate, as every day's practice proves; and seem to be the only ones
to which the 20th rule meant to subject them: for it continues to be a
House, and therefore, though it acts in some respects as a committee,
in others it preserves its character as a House.--Thus, 3d, It is in
the daily habit of referring its business to a special committee--4th.
It admits the previous question: if it did not, it would have no means
of preventing an improper discussion; not being able, as the committee
is, to avoid it by returning into the House: for the moment it would
resume the same subject there, the 20th rule declares it again a
quasi-committee.--5th. It would doubtless exercise its powers as a House
on any breach of order.--6th. It takes a question by Yea and Nay, as the
House does.--7th. It receives messages from the President and the other
House.--8th. In the midst of a debate, it receives a motion to adjourn,
and adjourns as a House, not as a committee.$
SECTION XXXI.
BILL, SECOND READING IN THE HOUSE.
In Parliament, after the bill has been read a second time, if, on the
motion and question, it be not committed, or if no proposition for
commitment be made, the Speaker reads it by paragraphs, pausing between
each, but putting no questions but on amendments proposed; and when
through the whole, he puts the question, Whether it shall be read the
third time? if it came from the other House. Or, if originating with
themselves, Whether it shall be engrossed and read a third time? The
Speaker reads sitting, but rises to put a question. The clerk stands
while he reads.
$But the Senate of the United States is so much in the habit of making
many and material amendments at the third reading, that it has become
the practice not to engross a bill till it has passed. An irregular and
dangerous practice; because, in this way, the paper which passes the
Senate is not that which goes to the other House; and that which goes
to the other House as the act of the Senate, has never been seen in
Senate. In reducing numerous, difficult, and illegible amendments into
the text, the secretary may, with the most innocent intentions, commit
errors which can never again be corrected.$
The bill being now as perfect as its friends can make it, this is the
proper stage for those, fundamentally opposed, to make their own attack.
All attempts at other periods are with disjointed efforts; because many
who do not expect to be in favor of the bill, ultimately, are willing to
let it go on to its perfect state, to take time to examine it themselves,
and to hear what can be said for it; knowing that, after all, they have
sufficient opportunities of giving it their veto. Its two last stages,
therefore, are reserved for this, that is to say, on the question, Whether
it shall be engrossed and read a third time? and, lastly, Whether it
shall pass? The first of these is usually the most interesting contest;
because then the whole subject is new and engaging, and the minds of the
members having not yet been declared by any trying vote, the issue is the
more doubtful. In this stage, therefore, is the main trial of strength
between its friends and opponents; and it behooves every one to make up
his mind decisively for this question, or he loses the main battle; and
accident and management may, and often do, prevent a successful rallying
on the next and last question, Whether it shall pass?
When the bill is engrossed, the title is to be endorsed on the back,
and not within the bill.--_Hakew._ 250.
SECTION XXXII.
READING PAPERS.
Where papers are laid before the House, or referred to a committee,
every member has a right to have them once read at the table, before
he can be compelled to vote on them. But it is a great, though common
error, to suppose that he has a right, _toties quoties_, to have acts,
journals, accounts, or papers, on the table, read independently of the
will of the House. The delay and interruption which this might be made
to produce, evince the impossibility of the existence of such a right.
There is indeed so manifest a propriety of permitting every member to
have as much information as possible on every question on which he is to
vote, that when he desires the reading, if it be seen that it is really
for information, and not for delay, the Speaker directs it to be read
without putting a question, if no one objects. But if objected to, a
question must be put.--2 _Hats._ 117, 118.
It is equally an error to suppose, that any member has a right, without
a question put, to lay a book or paper on the table, and have it read,
on suggesting that it contains matter infringing on the privileges of
the House.--2 _Hats._ 117, 118.
For the same reason, a member has not a right to read a paper in his
place, if it be objected to, without leave of the House. But this rigor
is never exercised but where there is an intentional or gross abuse of
the time and patience of the House.
A member has not a right even to read his own speech, committed to
writing, without leave. This also is to prevent an abuse of time; and
therefore is not refused, but where that is intended.--2 _Grey_, 227.
A report of a committee of the Senate on a bill from the House of
Representatives being under consideration, on motion that the report of
the committee of the House of Representatives on the same bill be read
in the Senate, it passed in the negative.--Feb. 28, 1793.
Formerly, when papers were referred to a committee, they used to be
first read; but of late, only the titles; unless a member insists they
shall be read, and then nobody can oppose it.--2 _Hats._ 117.
SECTION XXXIII.
PRIVILEGED QUESTIONS.
$While a question is before the Senate, no motion shall be received
unless for an amendment, for the previous question, or for postponing
the main question, or to commit it, or to adjourn.--Rule 8.$
It is no possession of a bill, unless it be delivered to the clerk to
be read, or the Speaker reads the title.--_Lex. Parl._ 274; _Elsynge_,
_Mem._ 85; _Ord. House Commons_, 64.
It is a general rule, that the question first moved and seconded shall
be first put.--_Scob._ 28, 22; 2 _Hats._ 81. But this rule gives way to
what may be called privileged questions; and the privileged questions
are of different grades among themselves.
A motion to adjourn, simply takes place of all others; for otherwise
the House might be kept sitting against its will, and indefinitely. Yet
this motion cannot be received after another question is actually put,
and while the House is engaged in voting.
Orders of the day take place of all other questions, except for
adjournment. That is to say, the question which is the subject of an
order, is made a privileged one, _pro hac vice_. The order is a repeal
of the general rule as to this special case. When any member moves,
therefore, for the orders of the day to be read, no further debate
is permitted on the question which was before the House; for if the
debate might proceed, it might continue through the day, and defeat the
order. This motion, to entitle it to precedence, must be for the orders
generally, and not for any particular one; and if it be carried on the
question, "Whether the House will now proceed to the orders of the day?"
they must be read and proceeded on in the course in which they stand.--2
_Hats._ 83. For priority of order gives priority of right, which cannot
be taken away but by another special order.
After these there are other privileged questions, which will require
considerable explanation.
It is proper that every Parliamentary assembly should have certain
forms of questions, so adapted as to enable them fitly to dispose of
every proposition which can be made to them. Such are, 1. The previous
question: 2. To postpone indefinitely: 3. To adjourn to a definite day:
4. To lie on the table: 5. To commit: 6. To amend. The proper occasion
for each of these questions should be understood.
1. When a proposition is moved, which it is useless or inexpedient now
to express or discuss, the previous question has been introduced for
suppressing, for that time, the motion and its discussion.--3 _Hats._
188, 189.
2. But as the previous question gets rid of it only for that day, and
the same proposition may recur the next day, if they wish to suppress it
for the whole of that session, they postpone it indefinitely.--3 _Hats._
183. This quashes the proposition for that session, as an indefinite
adjournment is a dissolution, or the continuance of a suit sine die is
a discontinuance of it.
3. When a motion is made which it will be proper to act on, but
information is wanted, or something more pressing claims the present
time, the question or debate is adjourned to such a day within the
session as will answer the views of the House.--2 _Hats._ 81. And those
who have spoken before, may not speak again when the adjourned debate
is resumed.--2 _Hats._ 73. Sometimes, however, this has been abusively
used, by adjourning it to a day beyond the session, to get rid of it
altogether, as would be done by an indefinite postponement.
4. When the House has something else which claims its present attention,
but would be willing to reserve in their power to take up a proposition
whenever it shall suit them, they order it to lie on their table. It
may then be called for at any time.
5. If the proposition will want more amendment and digestion than the
formalities of the House will conveniently admit, they refer it to a
committee.
6. But if the proposition be well digested, and may need but few and
simple amendments, and especially if these be of leading consequence,
they then proceed to consider and amend it themselves.
The Senate, in their practice, vary from this regular gradation of forms.
Their practice, comparatively with that of Parliament, stands thus:
For the Parliamentary, The Senate uses,
Postmt. indefinite. --Postmt. to a day beyond the session.
Adjournment, --Postmt. to a day within the session.
{ Postponement indefinite.
Laying on the table. { Laying on the table.
In their 8th Rule, therefore, which declares, that while a question is
before the Senate, no motion shall be received, unless it be for the
previous question, or to postpone, commit or amend the main question,
the term postponement must be understood according to their broad use of
it, and not in its Parliamentary sense. Their rule then establishes as
privileged questions, the previous question, postponement, commitment,
and amendment.
But it may be asked, Have these questions any privilege among themselves?
or are they so equal that the common principle of the "first moved,
first put," takes place among them? This will need explanation. Their
competitions may be as follows:
1. Prev. Qu. and Postpone } In the 1st, 2d, and 3d classes, and
Commit } the 1st member of the 4th class, the
Amend } rule "first moved, first put," takes
place.
2. Postpone and Prev. Qu. }
Commit }
Amend }
3. Commit and Prev. Qu. }
Postpone }
Amend }
4. Amend and Prev. Qu. }
Postpone }
Commit }
In the 1st class, where the previous question is first moved, the effect
is peculiar; for it not only prevents the after motion to postpone or
commit from being put to question before it, but also from being put after
it. For if the previous question be decided affirmatively, to wit, that
the main question shall _now_ be put, it would of course be against the
decision to postpone or commit. And if it be decided negatively, to wit,
that the main question shall not now be put, this puts the House out of
possession of the main question, and consequently there is nothing before
them to postpone or commit. So that neither voting for nor against the
previous question will enable the advocates for postponing or committing
to get at their object. Whether it may be amended, shall be examined
hereafter.
2d class.--If postponement be decided affirmatively, the proposition
is removed from before the House, and consequently there is no ground
for the previous question, commitment, or amendment. But if decided
negatively, that it shall not be postponed, the main question may then
be suppressed by the previous question, or may be committed or amended.
The 3d class is subject to the same observations as the 2d.
The 4th class.--Amendment of the main question first moved, and afterwards
the previous question, the question of amendment shall be first put.
Amendment and postponement competing, postponement is first put, as
the equivalent proposition to adjourn the main question would be in
Parliament. The reason is, that the question for amendment is not
suppressed by postponing or adjourning the main question, but remains
before the House whenever the main question is resumed; and it might
be that the occasion for other urgent business might go by, and be lost
by length of debate on the amendment, if the House had it not in their
power to postpone the whole subject.
Amendment and commitment. The question for committing, though last moved,
shall be first put; because in truth it facilitates and befriends the
motion to amend. _Scobell_ is express:--"On a motion to amend a bill,
any one may, notwithstanding, move to commit it, and the question for
commitment shall be first put."--_Scob._ 46.
We have hitherto considered the case of two or more of the privileged
questions contending for privilege between themselves, when both were
moved on the original or main question; but now let us suppose one
of them to be moved, not on the original primary question, but on the
secondary one, _e. g._
Suppose a motion to postpone, commit, or amend the main question, and
that it be moved to suppress that motion by putting the previous question
on it. This is not allowed, because it would embarrass questions too
much to allow them to be piled on one another several stories high; and
the same result may be had in a more simple way, by deciding against
the postponement, commitment, or amendment.--2 _Hats._ 81, 2, 3, 4.
Suppose a motion for the previous question, or commitment or amendment
of the main question, and that it be then moved to postpone the motion
for the previous question, or for commitment or amendment of the main
question: 1. It would be absurd to postpone the previous question,
commitment, or amendment, alone, and thus separate the appendage from its
principal; yet it must be postponed separately from the original, if at
all, because the 8th rule of the Senate says, that when a main question
is before the House, no motion shall be received but to commit, amend, or
pre-question the original question, which is the parliamentary doctrine;
therefore, the motion to postpone the secondary motion for the previous
question, or for committing or amending, cannot be received: 2. This is
a piling of questions one on another, which, to avoid embarrassment,
is not allowed: 3. The same result may be had more simply, by voting
against the previous question, commitment, or amendment.
Suppose a commitment moved, of a motion for the previous question, or
to postpone, or amend.
The 1st, 2d, and 3d reasons before stated, all hold good against this.
Suppose an amendment moved to a motion for the previous question? Answer:
The previous question cannot be amended. Parliamentary usage, as well
as the 9th rule of the Senate, has fixed its form to be, "Shall the
main question be now put?" _i. e._, at this instant. And as the present
instant is but one, it can admit of no modification. To change it to
to-morrow, or any other moment, is without example and without utility.
But suppose a motion to amend a motion for postponement, as to one day
instead of another, or to a special instead of indefinite time. The
useful character of amendment gives it a privilege of attaching itself to
a secondary privileged motion. That is, we may amend a postponement of
a main question. So we may amend a commitment of a main question, as by
adding, for example, "with instruction to inquire," &c. In like manner,
if an amendment be moved to an amendment, it is admitted. But it would
not be admitted in another degree, to wit, to amend an amendment to an
amendment of a main question. This would lead to too much embarrassment.
The line must be drawn somewhere; and usage has drawn it after the
amendment to the amendment. The same result must be sought by deciding
against the amendment to the amendment, and then moving it again as it
was wished to be amended. In this form it becomes only an amendment to
an amendment.
_In filling a blank with a sum, the largest sum shall be first put to
the question, by the 18th Rule of the Senate_, contrary to the rule of
Parliament, which privileges the smallest sum and longest time.--5 _Grey_,
179; 2 _Hats._ 8, 83; 3 _Hats._ 132, 133. And this is considered to be
not in the form of an amendment to the question, but as alternative or
successive originals. In all cases of time or number, we must consider
whether the larger comprehends the lesser, as in a question to what day
a postponement shall be, the number of a committee, amount of a fine,
term of an imprisonment, term of irredeemability of a loan, or the
_terminus in quem_ in any other case. Then the question must begin _a
maximo_. Or whether the lesser includes the greater, as in question on
the limitation of the rate of interest, on what day the session shall
be closed by adjournment, on what day the next shall commence, when an
act shall commence, or the _terminus a quo_ in any other case, where
the question must begin _a minimo_. The object being not to begin at
that extreme, which, and more, being within every man's wish, no one
could negative it, and yet, if we should vote in the affirmative, every
question for more would be precluded; but at that extreme which would
unite few, and then to advance or recede till you get to a number which
will unite a bare majority.--3 _Grey_, 376, 384, 385. "The fair question
in this case is not that to which and more all will agree, whether there
shall be addition to the question."--1 _Grey_, 365.
Another exception to the rule of priority is, when a motion has been made
to strike out or agree to a paragraph. Motions to amend it are to be put
to the question, before a vote is taken on striking out, or agreeing to
the whole paragraph.
But there are several questions, which, being incidental to every one,
will take place of every one, privileged or not; to wit, a question of
order arising out of any other question, must be decided before that
question.--2 _Hats._ 88.
A matter of privilege arising out of any question, or from a quarrel
between two members, or any other cause, supersedes the consideration
of the original question, and must first be disposed of.--2 _Hats._ 88.
Reading papers relative to the question before the House. This question
must be put before the principal one.--2 _Hats._ 88.
Leave asked to withdraw a motion. The rule of Parliament being, that a
motion made and seconded is in possession of the House, and cannot be
withdrawn without leave, the very terms of the rule imply that leave
may be given, and, consequently, may be asked and put to the question.
SECTION XXXIV.
THE PREVIOUS QUESTION.
When any question is before the House, any member may move a previous
question, "Whether that question (called the main question) shall now
be put?" If it pass in the affirmative, then the main question is to be
put immediately, and no man may speak anything further to it, either to
add or alter.--_Memor. in Hakew._ 28; 4 _Grey_, 27.
$The previous question being moved and seconded, the question from the
chair shall be, "Shall the main question be now put?" and if the nays
prevail, the main question shall not then be put--_Rule_ 9.$
This kind of question is understood by Mr. Hatsell to have been introduced
in 1604.--2 _Hats._ 80. Sir Henry Vane introduced it.--2 _Grey_, 113,
114; 3 _Grey_, 384. When the question was put in this form, "Shall the
main question be put?" a determination in the negative suppressed the
main question during the session; but since the words "now put" are
used, they exclude it for the present only. Formerly, indeed, only till
the present debate was over; 4 _Grey_, 43; but now for that day and no
longer.--2 _Grey_, 113, 114.
Before the question, "Whether the main question shall now be put?" any
person might formerly have spoken to the main question, because otherwise
he would be precluded from speaking to it at all.--_Mem. in Hakew._ 28.
The proper occasion for the previous question is, when a subject is
brought forward of a delicate nature as to high personages, &c., or
the discussion of which may call forth observations which might be of
injurious consequences. Then the previous question is proposed, and, in
the modern usage, the discussion of the main question is suspended, and
the debate confined to the previous question. The use of it has been
extended abusively to other cases; but in these, it is an embarrassing
procedure: its uses would be as well answered by other more simple
Parliamentary forms, and therefore it should not be favored, but
restricted within as narrow limits as possible.
Whether a main question may be amended after the previous question on
it has been moved and seconded? 2 _Hatsell_, 88, says, If the previous
question had been moved and seconded, and also proposed from the chair,
(by which he means, stated by the Speaker for debate,) it has been
doubted whether an amendment can be admitted to the main question. He
thinks it may, after the previous question moved and seconded; but not
after it has been proposed from the chair.
In this case he thinks the friends to the amendment must vote that the
main question be not now put, and then move their amended question,
which being made new by the amendment, is no longer the same which
has been just suppressed, and therefore may be proposed as a new one.
But this proceeding certainly endangers the main question, by dividing
its friends, some of whom may choose it unamended, rather than lose it
altogether; while others of them may vote, as Hatsell advises, that the
main question be not now put, with a view to move it again in an amended
form. The enemies of the main question by this manœuvre to the previous
question, get the enemies to the amendment added to them on the first
vote, and throw the friends of the main question under the embarrassment
of rallying again as they can. To support his opinion, too, he makes the
deciding circumstance, whether an amendment may or may not be made, to be,
that the previous question has been proposed from the chair. But as the
rule is, that the House is in possession of a question as soon as it is
moved and seconded, it cannot be more than possessed of it by its being
also proposed from the chair. It may be said, indeed, that the object of
the previous question being to get rid of a question, which it is not
expedient should be discussed, this object may be defeated by moving
to amend, and, in the discussion of that motion, involving the subject
of the main question. But so may the object of the previous question be
defeated by moving the amended question, as Mr. Hatsell proposes, after
the decision against putting the original question. He acknowledges,
too, that the practice has been to admit previous amendment, and only
cites a few late instances to the contrary. On the whole, I should
think it best to decide it _ab inconvenienti_; to wit, Which is most
inconvenient, to put it in the power of one side of the House to defeat
a proposition by hastily moving the previous question, and thus forcing
the main question to be put amended? or to put it in the power of the
other side to force on, incidentally at least, a discussion which would
be better avoided? Perhaps the last is the least inconvenience; inasmuch
as the Speaker, by confining the discussion rigorously to the amendment
only, may prevent their going into the main question; and inasmuch also,
as so great a proportion of the cases, in which the previous question
is called for, are fair and proper subjects of public discussion, and
ought not to be obstructed by a formality introduced for questions of
a peculiar character.
SECTION XXXV.
AMENDMENTS.
On an amendment being moved, a member who has spoken to the main question
may speak again to the amendment.--_Scob._ 23.
If an amendment be proposed inconsistent with one already agreed to,
it is a fit ground for its rejection by the House; but not within the
competence of the Speaker to suppress, as if it were against order. For,
were he permitted to draw questions of consistence within the vortex of
order, he might usurp a negative on important modifications, and suppress
instead of subserving the legislative will.
Amendments may be made so as totally to alter the nature of the
proposition; and it is a way of getting rid of a proposition, by making
it bear a sense different from what was intended by the movers, so that
they vote against it themselves.--2 _Hats._ 79; 4, 82, 84. A new bill
may be ingrafted, by way of amendment, on the words, "Be it enacted,"
&c.--1 _Grey_, 190, 192.
If it be proposed to amend by leaving out certain words, it may be moved
as an amendment to this amendment, to leave out a part of the words
of the amendment, which is equivalent to leaving them in the bill.--2
_Hats._ 80, 9. The Parliamentary question is always, Whether the words
shall stand part of the bill?
When it is proposed to amend by inserting a paragraph, or part of
one, the friends of the paragraph may make it as perfect as they can,
by amendments, before the question is put for inserting it. If it be
received, it cannot be amended afterwards, in the same stage, because
the House has, on a vote, agreed to it in that form. In like manner, if
it is proposed to amend by striking out a paragraph, the friends of the
paragraph are first to make it as perfect as they can by amendments,
before the question is put for striking it out. If, on the question,
it be retained, it cannot be amended afterwards; because a vote against
striking out is equivalent to a vote agreeing to it in that form.
When it is moved to amend, by striking out certain words and inserting
others, the manner of stating the question is, first to read the whole
passage to be amended, as it stands at present; then the words proposed
to be struck out; next those to be inserted; and lastly, the whole
passage, as it will be when amended. And the question, if desired, is
then to be divided, and put first, on striking out. If carried, it is
next on inserting the words proposed. If that be lost, it may be moved
to insert others.--2 _Hats._ 80, 7.
A motion is made to amend by striking out certain words, and inserting
others in their place, which is negatived. Then it is moved to strike
out the same words, and to insert others of a tenor entirely different
from those first proposed. It is negatived. Then it is moved to strike
out the same words and insert nothing, which is agreed to. All this is
admissible; because to strike out and insert A, is one proposition. To
strike out and insert B, is a different proposition. And to strike out and
insert nothing is still different. And the rejection of one proposition
does not preclude the offering a different one. Nor would it change
the case were the first motion divided by putting the question first
on striking out, and that negatived. For as putting the whole motion to
the question at once would not have precluded, the putting the half of
it cannot do it.[4]
But if it had been carried affirmatively to strike out the words and
to insert A, it could not afterwards be permitted to strike out A and
insert B. The mover of B should have notified, while the insertion of A
was under debate, that he would move to insert B. In which case, those
who preferred it would join in rejecting A.
After A is inserted, however, it may be moved to strike out a portion
of the original paragraph, comprehending A, provided the coherence to
be struck out be so substantial as to make this effectively a different
proposition. For then it is resolved into the common case of striking out
a paragraph after amending it. Nor does anything forbid a new insertion,
instead of A and its coherence.
In Senate, January 25, 1798, a motion to postpone, until the second
Tuesday in February, some amendments proposed to the Constitution. The
words, "until the second Tuesday in February," were struck out by way
of amendment. Then it was moved to add, "until the first day of June."
Objected, that it was not in order, as the question should first be
put on the longest time; therefore, a shorter time decided against, a
longer cannot be put to question. It was answered, that this rule takes
place only in filling blanks for time. But when a specific time stands
part of a motion, that may be struck out as well as any other part of
the motion; and when struck out, a motion may be received to insert any
other. In fact, it is not till they are struck out, and a blank for the
time thereby produced, that the rule can begin to operate, by receiving
all the propositions for different times, and putting the questions
successively on the longest. Otherwise, it would be in the power of the
mover, by inserting originally a short time, to preclude the possibility
of a longer. For, till the short time is struck out, you cannot insert
a longer; and if, after it is struck out, you cannot do it, then it
cannot be done at all. Suppose the first motion has been to amend by
striking out "the second Tuesday in February," and inserting, instead
thereof, "the first of June." It would have been regular then to divide
the question, by proposing first the question to strike out and then that
to insert. Now, this is precisely the effect of the present proceeding;
only, instead of one motion and two questions, there are two motions
and two questions to effect it; the motion being divided as well as the
question.
When the matter contained in two bills might be better put into one,
the manner is to reject the one, and incorporate its matter into another
bill by way of amendment. So, if the matter of one bill would be better
distributed into two, any part may be struck out by way of amendment, and
put into a new bill. If a section is to be transposed, a question must
be put on striking it out where it stands, and another for inserting it
in the place desired.
A bill passed by the one House, with blanks. These may be filled up by
the other, by way of amendments, returned to the first, as such, and
passed.--3 _Hats._ 83.
The number prefixed to the section of a bill being merely a marginal
indication, and no part of the text of the bill, the clerk regulates
that; the House or committee is only to amend the text.
SECTION XXXVI.
DIVISION OF THE QUESTION.
If a question contain more parts than one, it may be divided into two
or more questions.--_Mem. in Hakew._ 29. But not as the right of an
individual member, but with the consent of the House. For who is to
decide whether a question is complicated or not? where it is complicated?
into how many propositions it may be divided? The fact is, that the only
mode of separating a complicated question is by moving amendments to it;
and these must be decided by the House on a question, unless the House
orders it to be divided: as on the question, Dec. 2, 1640, making void
the election of the Knights of Worcester, on a motion it was resolved
to make two questions of it, to wit, one on each Knight.--2 _Hats._
85, 86. So, wherever there are several names in a question, they may
be divided, and put one by one.--9 _Grey_, 444. So, 1729, April 17,
on an objection that a question was complicated, it was separated by
amendment.--2 _Hats._ 79. 5.
$The soundness of these observations will be evident from the
embarrassments produced by the 10th rule of the Senate, which says, "If
the question in debate contain several points, any member may have the
same divided."$
1798, May 30, the alien bill in quasi-committee. To a section and proviso
in the original, had been added two new provisos by way of amendment. On
a motion to strike out the section as amended, the question was desired
to be divided. To do this, it must be put first on striking out either
the former proviso, or some distinct member of the section. But when
nothing remains but the last member of the section, and the provisos, they
cannot be divided so as to put the last member to question by itself;
for the provisos might thus be left standing alone as exceptions to a
rule when the rule is taken away: or the new provisos might be left to
a second question, after having been decided on once before at the same
reading; which is contrary to rule. But the question must be on striking
out the last member of the section as amended. This sweeps away the
exceptions with the rule, and relieves from inconsistence. A question to
be divisible, must comprehend points so distinct and entire, that one
of them being taken away, the other may stand entire. But a proviso or
exception, with an enacting clause, does not contain an entire point or
proposition.
May 31. The same bill being before the Senate. There was a proviso, that
the bill should not extend, 1. To any foreign minister; nor, 2. To any
person to whom the President should give a passport; nor, 3. To any alien
merchant, conforming himself to such regulations as the President shall
prescribe; and division of the question into its simplest elements was
called for. It was divided into four parts, the 4th taking in the words
"conforming himself," &c. It was objected, that the words "any alien
merchant" could not be separated from their modifying words "conforming,"
&c., because these words, if left by themselves, contain no substantive
idea, will make no sense. But admitting that the divisions of a paragraph
into separate questions must be so made as that each part may stand by
itself, yet the House having, on the question, retained the first two
divisions, the words "any alien merchant" may be struck out, and their
modifying words will then attach themselves to the preceding description
of persons, and become a modification of that description.
When a question is divided, after the question on the 1st member, the
2d is open to debate and amendment: because it is a known rule, that
a person may rise and speak at any time before the question has been
completely decided by putting the negative, as well as the affirmative
side. But the question is not completely put when the vote has been taken
on the first member only. One half of the question, both affirmative
and negative, still remains to be put.--See _Executive Journ._, June
25, 1795. The same decision by President Adams.
SECTION XXXVII.
CO-EXISTING QUESTIONS.
It may be asked whether the House can be in possession of two motions
or propositions at the same time? So that, one of them being decided,
the other goes to question without being moved anew? The answer must
be special. When a question is interrupted by a vote of adjournment,
it is thereby removed from before the House; and does not stand _ipso
facto_ before them at their next meeting, but must come forward in the
usual way: so, when it is interrupted by the order of the day. Such
other privileged questions also as dispose of the main question (_e.
g._ the previous question, the postponement, or commitment) remove it
from before the House. But it is only suspended by a motion to amend,
to withdraw, to read papers, or by a question of order or privilege, and
stands again before the House when these are decided. None but the class
of privileged questions can be brought forward while there is another
question before the House; the rule being, that when a motion has been
made and seconded no other can be received except it be a privileged one.
SECTION XXXVIII.
EQUIVALENT QUESTIONS.
If, on a question for rejection, a bill be retained, it passes of course
to its next reading.--_Hakew._ 141. _Scob._ 42, and a question for a
second reading determined negatively, is a rejection without farther
question.--4 _Grey_, 149. And see _Elsynge's Memor._ 42, in what case
questions are to be taken for rejection.
Where questions are perfectly equivalent, so that the negative of the one
amounts to the affirmative of the other, and leaves no other alternative,
the decision of the one concludes necessarily the other.--4 _Grey_,
157. Thus the negative of striking out amounts to the affirmative of
agreeing; and therefore to put a question on agreeing after that on
striking out, would be to put the same question in effect twice over.
Not so in questions of amendments between the two Houses. A motion to
recede being negatived, does not amount to a positive vote to insist,
because there is another alternative, to wit, to adhere.
A bill originating in one House, is passed by the other with an amendment.
A motion in the originating House, to agree to the amendment, is
negatived. Do these result from this vote of disagreement? or must the
question on disagreement be expressly voted? The questions respecting
amendments from another House are, 1st. To agree: 2d. Disagree: 3d.
Recede: 4th. Insist: 5th. Adhere.
1st. To agree. } Either of these concludes the other necessarily,
2d. To disagree. } for the positive of either is exactly the
equivalent of the negative of the other, and
no other alternative remains. On either motion,
amendments to the amendment may be
proposed; _e. g._ if it be moved to disagree,
those who are for the amendment have a
right to propose amendments, and to make it
as perfect as they can, before the question of
disagreeing is put.
3d. To recede. } You may then either insist or adhere. You
4th. To insist. } may then either recede or adhere. You may
5th. To adhere. } then either recede or insist. Consequently,
the negative of these is not equivalent to a
positive vote the other way. It does not raise
so necessary an implication as may authorize
the secretary by inference to enter another
vote; for two alternatives still remain, either
of which may be adopted by the House.
SECTION XXXIX.
THE QUESTION.
The question is to be put first on the affirmative, and then on the
negative side.
After the Speaker has put the affirmative part of the question, any
member who has not spoken before the question, may rise and speak before
the negative be put. Because it is no full question till the negative
part be put.--_Scob._ 23; _Hats._ 73.
But in small matters, and which are of course, such as receiving
petitions, reports, withdrawing motions, reading papers, &c., the Speaker
most commonly supposes the consent of the House, where no objection is
expressed, and does not give them the trouble of putting the question
formally.--_Scob._ 22; 2 _Hats._ 87. 2. 87; 5 _Grey_, 129; 9 _Grey_, 301.
SECTION XL.
BILL, THIRD READING.
To prevent bills from being passed by surprise, the House, by a standing
order, directs that they shall not be put on their passage before a
fixed hour, naming one at which the House is commonly full.--_Hakew._ 153.
$The usage of the Senate is, not to put bills on their passage till noon.$
A bill reported and passed to the third reading, cannot on that day be
read the third time and passed. Because this would be to pass on two
readings on the same day. At the third reading, the clerk reads the bill,
and delivers it to the Speaker, who states the title, that it is the
third time of reading the bill, and that the question will be, Whether
it shall pass? Formerly, the Speaker, or those who prepared a bill,
prepared also a breviate or summary statement of its contents, which
the Speaker read when he declared the state of the bill at the several
readings. Sometimes, however, he read the bill itself, especially on its
passage.--_Hakew._ 136, 137, 153; _Coke_, 22, 115. Latterly, instead of
this, he, at the third reading, states the whole contents of the bill,
verbatim; only instead of reading the formal parts, "be it enacted,"
&c., he states that "the preamble recites so and so; the first section
enacts, that, &c.; the second section enacts," &c.
$But in the Senate of the United States, both of these formalities are
dispensed with; the breviate presenting but an imperfect view of the
bill, and being capable of being made to present a false one; and the
full statement being a useless waste of time, immediately after a full
reading by the clerk; and especially as every member has a printed copy
in his hand.$
A bill, on the third reading, is not to be committed for the matter or
body thereof; but, to receive some particular clause or proviso, it
hath been sometimes suffered, but as a thing very unusual.--_Hakew._
156; thus, 27 _El._ 1584, a bill was committed on the third reading,
having been formerly committed on the second; but it is declared not
usual.--_D'Ewes_, 137, _col._ 2. 414. _col._ 2.
When an essential provision has been omitted, rather than erase the
bill, and render it suspicious, they add a clause on a separate paper,
engrossed and called a rider, which is read, and put to the question
three times.--_Elsynge's Memorials_, 59; 6 _Grey_, 335; 1 _Blackst._
183. For examples of riders, see 3 _Hats._ 121, 122, 124, 126. Every one
is at liberty to bring in a rider without asking leave.--10 _Grey_, 52.
It is laid down as a general rule, that amendments proposed at the second
reading shall be twice read, and those proposed at the third reading
thrice read; as also all amendments from the other House.--_Town. col._
19, 23, 24, 25, 26, 27, 28.
It is with great, and almost invincible reluctance, that amendments are
admitted at this reading, which occasion erasures or interlineations.
Sometimes the proviso has been cut off from a bill; sometimes erased.--9
_Grey_, 513.
This is the proper stage for filling up blanks; for if filled up before,
and now altered by erasure, it would be peculiarly unsafe.
At this reading, the bill is debated afresh, and for the most part is more
spoken to, at this time, than on any of the former readings.--_Hakew._
153.
The debate on the question, Whether it should be read a third time? has
discovered to its friends and opponents the arguments on which each side
relies, and which of these appear to have influence with the House; they
have had time to meet them with new arguments, and to put their old ones
into new shapes. The former vote has tried the strength of the first
opinion, and furnished grounds to estimate the issue; and the question
now offered for its passage, is the last occasion which is ever to be
offered for carrying or rejecting it.
When the debate is ended, the Speaker, holding the bill in his hand,
puts the question for its passage, by saying, "Gentlemen, all you who
are of opinion that this bill shall pass, say ay;" and after the answer
of ayes, "All those of the contrary opinion, say no."--_Hakew._ 154.
After the bill has passed, there can be no further alteration of it in
any point.--_Hakew._ 159.
SECTION XLI.
DIVISION OF THE HOUSE.
The affirmative and negative of the question having been both put and
answered, the Speaker declares whether the yeas or nays have it by the
sound, if he be himself satisfied, and it stands as the judgment of the
House. But if he be not himself satisfied which voice is the greater,
or if, before any other member comes into the House, or before any new
motion is made, (for it is too late after that,) any member shall rise
and declare himself dissatisfied with the Speaker's decision, then the
Speaker is to divide the House.--_Scob._ 24; 2 _Hats._ 140.
When the House of Commons is divided, the one party goes forth, and the
other remains in the House. This has made it important which go forth, and
which remain; because the latter gain all the indolent, the indifferent,
and inattentive. Their general rule, therefore, is, that those who give
their vote for the preservation of the orders of the House shall stay
in, and those who are for introducing any new matter, or alteration, or
proceeding contrary to the established course, are to go out. But this
rule is subject to many exceptions and modifications.--2 _Rush._ p. 3,
fol. 92; _Scob._ 43, 52; _Co._ 12, 116; _D'Ewes_, 505, _col._ 1; _Mem.
in Hakew._ 25, 29; as will appear by the following statement of who go
forth.
Petition that it be received,[5] } Ayes.
Read, }
Lie on the table, } Noes.
Rejected after refusal to lie on the table, }
Referred to a committee, or farther proceeding,} Ayes.
Bill, that it be brought in, }
Read 1st or 2d time, }
Engrossed or read 3d time, } Ayes.
Proceeding on every other stage, }
Committed, }
To a committee of the whole, Noes.
To a select committee, Ayes.
Report of a bill to lie on table, Noes.
Be _now_ read, } Ayes.
Be taken into consideration three months } 50 P. J.
hence, } 251.
Amendments be read a 2d time, Noes.
Clause offered on report of bill be read }
2d time, }
For receiving a clause, } Ayes. 334
With amendments be engrossed, }
That a bill be now read a 3d time, Noes. 398
Receive a rider, } 260
Pass, } Ayes. 259
Be printed, }
Committees. That A take the chair, }
To agree to the whole or any part of }
report, }
That the House do _now_ resolve into a } 291
committee, } Noes.
Speaker. That he now leave the chair, }
after order to go into committee, }
That he issue warrant for a new visit, }
Member. That none be absent without }
leave, }
Witness. That he be farther examined, Ayes. 344
Previous questions, Noes.
Blanks. That they be filled with the }
largest sum, } Ayes.
Amendments. That words stand part of, }
Lords. That their amendments be } Ayes.
read a 2d time, }
Messenger be received, }
Orders of the day to be now read, if before } Ayes.
2 o'clock, }
If after 2 o'clock, Noes.
Adjournment till the next sitting day, } Ayes.
if before 4 o'clock, }
If after 4 o'clock, Noes.
Over a sitting day, (unless a previous resolution) } Ayes.
Over the 30th January, Noes.
For sitting on Sunday, or any other day, } Ayes.
not being a sitting day, }
The one party being gone forth, the Speaker names two tellers from the
affirmative, and two from the negative side, who first count those sitting
in the House, and report the number to the Speaker. Then they place
themselves within the door, two on each side, and count those who went
forth, as they come in, and report the number to the speaker.--_Mem. in
Hakew._ 26.
A mistake in the report of the tellers may be rectified after the report
made.--2 _Hats._ 145. Note.
$But, in both Houses of Congress, all those intricacies are avoided.
The ayes first rise, and are counted, standing in their places, by the
President or Speaker. Then they sit, and the noes rise, and are counted
in like manner.
In Senate, if they be equally divided, the Vice-President announces
his opinion, which decides.
The Constitution, however, has directed that "the yeas and nays of
the members of either House, on any question, shall, at the desire
of one-fifth of those present, be entered on the journal." And again,
that in all cases of reconsidering a bill disapproved by the President,
and returned with his objections, "the votes of both Houses shall be
determined by the yeas and nays, and the names of the persons voting
for and against the bill, shall be entered on the journals of each House
respectively."
By the 11th rule of the Senate, when the yeas and nays shall be called
for by one-fifth of the members present, each member called upon shall,
unless for special reasons he be excused by the Senate, declare openly,
and without debate, his assent or dissent to the question. In taking the
yeas and nays, and upon the call of the House, the names of the members
shall be taken alphabetically.
When it is proposed to take a vote by yeas and nays, the President or
Speaker states that "The question is whether, _e. g._, the bill shall
pass? That it is proposed that the yeas and nays shall be entered on
the journal. Those, therefore, who desire it will rise." If he finds and
declares that one-fifth have risen, he then states, that "those who are
of opinion that the bill shall pass, are to answer in the affirmative,
those of the contrary opinion, in the negative." The clerk then calls
over the names alphabetically, notes the yea or nay of each, and gives
the list to the President or Speaker, who declares the result. In Senate,
if there be an equal division, the Secretary calls on the Vice-President,
who notes his affirmative or negative, which becomes the decision of
the House.$
In the House of Commons, every member must give his vote the one way or
the other.--_Scob._ 24. As it is not permitted to any one to withdraw
who is in the House when the question is put, nor is any one to be told
in the division who was not in when the question was put.--2 _Hats._ 140.
This last position is always true when the vote is by yeas and nays;
where the negative as well as the affirmative of the question is stated
by the President at the same time, and the vote of both sides begins
and proceeds _pari passu_. It is true, also, when the question is put
in the usual way, if the negative has also been put. But if it has not,
the member entering, or any other member may speak, and even propose
amendments, by which the debate may be opened again, and the question
greatly deferred. And, as some who have answered aye, may have been changed
by the new arguments, the affirmative must be put over again. If, then,
the member entering may, by speaking a few words, occasion a repetition
of the question, it would be useless to deny it on his simple call for
it.
While the House is telling, no member may speak, or move out of his
place; for, if any mistake be suspected, it must be told again.--_Mem.
in Hakew._ 26; 2 _Hats._ 143.
If any difficulty arises in point of order, during the division, the
Speaker is to decide peremptorily, subject to the future censure of
the House, if irregular. He sometimes permits old experienced members
to assist him with their advice, which they do sitting in their seats,
covered to avoid the appearance of debate; but this can only be with the
Speaker's leave, else the division might last several hours.--2 _Hats._
143.
The voice of the majority decides. For the _lex majoris partis_ is
the law of all councils, elections, &c., where not otherwise expressly
provided.--_Hakew._ 93. But if the House be equally divided, "_semper
presumatur pro negante_:" that is, the former law is not to be changed
but by a majority.--_Towns. col._ 134.
$But, in the Senate of the United States, the Vice-President decides,
when the House is divided.--_Const. U S._, Art. I. Sec. 2.$
When, from counting the House, on a division, it appears that there is
not a quorum, the matter continues exactly in the state in which it was
before the division, and must be resumed at that point on any future
day.--2 _Hats._ 126.
1606, May 1, on a question whether a member having said Yea, may
afterwards sit and change his opinion? a precedent was remembered by
the Speaker, of Mr. Morris, attorney of the wards, in 39 _Eliz._, who
in like case changed his opinion.--_Mem. in Hakew._ 27.
SECTION XLII.
TITLE.
After the bill has passed, and not before, the title may be amended,
and is to be fixed by a question; and the bill is then sent to the other
House.
SECTION XLIII.
RE-CONSIDERATION.
$When a question has been once made and carried in the affirmative or
negative, it shall be in order for any member of the majority to move
for the re-consideration thereof.--_Rule_ 22.
1798, Jan. A bill on its second reading, being amended, and on the
question, whether it shall be read a third time negatived, was restored
by a decision to re-consider the question. Here the votes of negative
and re-consideration, like positive and negative quantities in equation,
destroy one another, and are as if they were expunged from the journals.
Consequently the bill is open for amendment, just so far as it was the
moment preceding the question for the third reading. That is to say,
all parts of the bill are open for amendment, except those on which
votes have been already taken in its present stage. So also may it be
re-committed.
The rule permitting a re-consideration of a question affixing to it no
limitation of time or circumstance, it may be asked whether there is no
limitation? If, after the vote, the paper on which it has passed has been
parted with, there can be no re-consideration: as if a vote has been for
the passage of a bill, and the bill has been sent to the other House.
But where the paper remains, as on a bill rejected, when, or under what
circumstances, does it cease to be susceptible of re-consideration? This
remains to be settled, unless a sense that the right of re-consideration
is a right to waste the time of the House in repeated agitations of the
same question, so that it shall never know when a question is done with
should induce them to reform this anomalous proceeding.$
In Parliament, a question once carried, cannot be questioned again, at
the same session; but must stand as the judgment of the House.--_Towns._
_col._ 67; _Memor. in Hakew._ 33. And a bill once rejected, another of
the same substance cannot be brought in again the same session.--_Hakew._
158; 6 _Grey_, 392. But this does not extend to prevent putting the same
questions in different stages of a bill; because every stage of a bill
submits the whole and every part of it to the opinion of the House, as
open for amendment, either by insertion or omission, though the same
amendment has been accepted or rejected in a former stage. So in reports
of committees, _e. g._ report of an address, the same question is before
the House, and open for free discussion.--_Towns. col._ 26; 2 _Hats._
98, 100, 101. So, orders of the House, or instructions to committees
may be discharged. So a bill begun in one House, sent to the other, and
there rejected, may be renewed again in that other, passed, and sent
back.--_Ib._ 92; 3 _Hats._ 161. Or if, instead of being rejected, they
read it once, and lay it aside, and put it off a month, they may offer in
another to the same effect, with the same or a different title.--_Hakew._
97, 98.
Divers expedients are used to correct the effects of this rule; as, by
passing an explanatory act, if anything has been omitted or ill-expressed,
3 _Hats._ 278; or an act to enforce, and make more effectual an act, &c.,
or to rectify mistakes in an act, &c.; or a committee on one bill may be
instructed to receive a clause to rectify the mistakes of another. Thus,
June 24, 1685, a clause was inserted in a bill for rectifying a mistake
committed by a clerk in engrossing a bill of reply.--2 _Hats._ 194. 6.
Or the session may be closed for one, two, three, or more days, and a
new one commenced. But then all matters depending must be finished, or
they fall, and are to begin _de novo_.--2 _Hats._ 94, 98. Or a part of
the subject may be taken up by another bill, or taken up in a different
way.--6 _Grey_, 316.
And in cases of the last magnitude, this rule has not been so strictly
and verbally observed as to stop indispensable proceedings altogether.--2
_Hats._ 92. 98. Thus, when the address on the preliminaries of peace, in
1782, had been lost by a majority of one; on account of the importance
of the question, and smallness of the majority, the same question in
substance, though with words not in the first, and which might change
the opinions of some members, was brought on again and carried: as
the motives for it were thought to outweigh the objections of form.--2
_Hats._ 99, 100.
A second bill may be passed, to continue an act of the same session; or
to enlarge the time limited for its execution.--2 _Hats._ 95, 98. This
is not in contradiction to the first act.
SECTION XLIV.
BILLS SENT TO THE OTHER HOUSE.
$All bills passed in the Senate, shall before they are sent to the
House of Representatives, be examined by the committees respectively who
brought in such bills, or to whom the same have been last committed in
Senate.--_Rule_ 23.$
A bill from the other House is sometimes ordered to lie on the table.--2
_Hats._ 97.
When bills, passed in one House and sent to the other, are grounded
on special facts requiring proof, it is usual, either by message, or
at a conference, to ask the grounds and evidence; and this evidence,
whether arising out of papers, or from the examination of witnesses, is
immediately communicated.--3 _Hats._ 48.
SECTION XLV.
AMENDMENTS BETWEEN THE HOUSES.
When either House, _e. g._ the House of Commons, sends a bill to the
other, the other may pass it with amendments. The regular progression
in this case is, that the Commons disagree to the amendment; the Lords
insist on it; the Commons insist on their disagreement; the Lords adhere
to their amendment; the Commons adhere to their disagreement. The term of
insisting may be repeated as often as they choose, to keep the question
open. But the first adherence by either renders it necessary for the
other side to recede or adhere also; when the matter is usually suffered
to fall.--10 _Grey_, 148. Latterly, however, there are instances of their
having gone to a second adherence. There must be an absolute conclusion
of the subject somewhere, or otherwise transactions between the Houses
would be endless.--3 _Hats._ 268, 270. The term of insisting, we are told
by Sir John Trevor, was then [1679] newly introduced into Parliamentary
usage, by the Lords.--7 _Grey_, 94. It was certainly a happy innovation,
as it multiplies the opportunities of trying modifications which may bring
the House to a concurrence. Either House, however, is free to pass over
the term of insisting, and to adhere in the first instance--10 _Grey_,
146. But it is not respectful to the other. In the ordinary Parliamentary
course, there are two free conferences at least before adherence.--10
_Grey_, 147.
Either House may recede from its amendment, and agree to the bill;
or recede from their disagreement to the amendment, and agree to the
same absolutely, or with an amendment. For here the disagreement and
receding destroy one another, and the subject stands as before the
disagreement.--_Elsynge_, 23, 27; 9 _Grey_, 476.
But the House cannot recede from or insist on, its own amendment with
an amendment, for the same reason that it cannot send to the other
House an amendment to its own act after it has passed the act. They may
modify an amendment from the other House by ingrafting an amendment on
it, because they have never assented to it; but they cannot amend their
own amendment, because they have, on the question, passed it in that
form; 9 _Grey_, 353; 10 _Grey_, 240. In Senate, March 29, 1798. Nor
where one House has adhered to their amendment, and the other agrees
with an amendment, can the first House depart from the form which they
have fixed by an adherence.
In the case of a money bill, the Lords' proposed amendments became,
by delay, confessedly necessary. The Commons, however, refused them,
as infringing on their privilege as to money bills, but they offered
themselves to add to the bill a proviso to the same effect, which had
no coherence with the Lords' amendments, and urged, that it was an
expedient warranted by precedent, and not unparliamentary in a case
become impracticable, and irremediable in any other way.--3 _Hats._ 256,
266, 270, 271. But the Lords refused and the bill was lost, 1 _Chand._
288. A like case, 1 _Chand._ 311. So the Commons resolve, that it is
unparliamentary to strike out at a conference anything in a bill which
hath been agreed and passed by both Houses, 6 _Grey_, 274; 1 _Chand._ 312.
A motion to amend an amendment from the other House, takes precedence
of a motion to agree or disagree.
A bill originating in one House, is passed by the other with an amendment.
The originating House agrees to their amendment with an amendment. The
other may agree to their amendment with an amendment; that being only
in the second and not the third degree. For, as to the amending House,
the first amendment with which they passed the bill is a part of its
text; it is the only text they have agreed to. The amendment to that
text by the originating House, therefore, is only in the 1st degree, and
the amendment to that again by the amending House is only in the 2d, to
wit, an amendment to an amendment, and so admissible. Just so when, on a
bill from the originating House, the other, at its 2d reading, makes an
amendment; on the 3d reading, this amendment is become the text of the
bill, and if an amendment to it be moved, an amendment to that amendment
may also be moved, as being only in the second degree.
SECTION XLVI.
CONFERENCES.
It is on the occasion of amendments between the Houses that conferences
are usually asked; but they may be asked in all cases of difference of
opinion between the two Houses on matters depending between them. The
request of a conference, however, must always be by the House which is
possessed of the papers.--3 _Hats._ 71; 1 _Grey_, 435; 4 _Hats._ 3, 43.
Conferences may be either simple or free. At a conference simply,
written reasons are prepared by the House asking it, and they are read
and delivered without debate, to the managers of the other House at
the conference; but are not then to be answered.--3 _Grey_, 144. The
other House then, if satisfied, vote the reasons satisfactory, or say
nothing; if not satisfied, they resolve them not satisfactory, and ask
a conference on the subject of the last conference, where they read and
deliver in like manner written answers to those reasons.--3 _Grey_, 183.
They are meant chiefly to record the justification of each House to the
nation at large, and to posterity, and in proof that the miscarriage of
a necessary measure is not imputable to them.--3 _Grey_, 255. At free
conferences, the managers discuss _vivâ voce_ and freely, and interchange
propositions for such modifications as may be made in a Parliamentary
way, and may bring the sense of the two houses together. And each party
reports in writing to their respective Houses the substance of what is
said on both sides, and it is entered in their journals.--6 _Grey_, 220;
3 _Hats._ 280. (_Vide Joint Rules_, 1.) This report cannot be amended
or altered as that of a committee may be.--_Journ. Senate_, May 24, 1796.
A conference may be asked, before the House asking it has come to a
resolution of disagreement, insisting or adhering.--3 _Hats._ 269, 341.
In which case the papers are not left with the other conferees, but are
brought back to be the foundation of the vote to be given. And this is
the most reasonable and respectful proceeding. For, as was urged by the
Lords on a particular occasion, "it is held vain, and below the wisdom
of Parliament, to reason or argue against fixed resolutions, and upon
terms of impossibility to persuade."--3 _Hats._ 226. So the Commons say
"an adherence is never delivered at a free conference, which implies
debate."--10 _Grey_, 147. And on another occasion, the Lords made it
an objection that the Commons had asked a free conference after they
had made resolutions of adhering. It was then affirmed, however, on
the part of the Commons, that nothing was more Parliamentary than to
proceed with free conferences after adhering; 3 _Hats._ 269; and we do
in fact see instances of conference or of free conference, asked after
the resolution of disagreeing.--3 _Hats._ 251, 253, 260, 286, 291, 316,
349, of insisting, _ib._ 280, 296, 299, 319, 322, 355, of adhering, 269,
270, 283, 300; and even of a second or final adherence.--3 _Hats._ 270.
And in all cases of conference asked after a vote of disagreement, &c.,
the conferees of the House asking it are to leave the papers with the
conferees of the other; and in one case where they refused to receive
them, they were left on the table in the conference chamber.--3 _Hats._
271, 317, 323, 354; 10 _Grey_, 146. The Commons affirm, that it is
usual to have two free conferences or more before either House proceeds
to adhere, because, before that time, the Houses have not had the full
opportunity of making replies to one another's arguments, and, to adhere
so suddenly and unexpectedly, excludes all possibility of offering
expedients.--4 _Hats._ 330.
After a free conference the usage is to proceed with free conferences,
and not to return again to a conference.--3 _Hats._ 270; 9 _Grey_, 229.
After a conference denied, a free conference may be asked.--1 _Grey_, 45.
When a conference is asked, the subject of it must be expressed, or the
conference not agreed to.--_Ord. H. Com._ 89; 1 _Grey_, 425; 7 _Grey_,
31. They are sometimes asked to inquire concerning an offence or default
of a member of the other House, 6 _Grey_, 181; 1 _Chand._ 304; or the
failure of the other House to present to the King a bill passed by both
Houses, 8 _Grey_, 302; or on information received, and relating to the
safety of the nation, 10 _Grey_, 171, or when the methods of Parliament
are thought by the one House to have been departed from by the other,
a conference is asked to come to a right understanding thereon.--10
_Grey_, 148. So, when an unparliamentary message has been sent, instead
of answering it, they ask a conference.--3 _Grey_, 155. Formerly, an
address, or articles of impeachment, or a bill with amendments, or a vote
of the House, or concurrence in a vote, or a message from the King, were
sometimes communicated by way of conference.--7 _Grey_, 128, 300, 387; 7
_Grey_, 80; 8 _Grey_, 210, 255; 1 _Torbuck's Deb._ 278; 10 _Grey_, 293;
1 _Chandler_, 49, 287. But this is not modern practice.--8 _Grey_, 255.
A conference has been asked after the first reading of a bill.--1 _Grey_,
194. This is a singular instance. During the time of a conference, the
House can do no business. As soon as the names of the managers are called
over, and they are gone to the conference, the Speaker leaves the chair,
without any question, and resumes it in the return of the managers. It
is the same while the managers of an impeachment are at the House of
Lords.--4 _Hats._ 47, 209, 288.
SECTION XLVII.
MESSAGES.
Messages between the Houses are to be sent only while both Houses are
sitting.--3 _Hats._ 15. They are received during a debate, without
adjourning the debate.--3 _Hats._ 22.
$In Senate, the messengers are introduced in any state of business,
except--1. While a question is putting. 2. While the yeas and nays are
calling. 3. While the ballots are calling. The first case is short: the
second and third are cases where any interruption might occasion errors
difficult to be corrected.--So arranged, June 15th, 1798.
In the House of Representatives, as in Parliament, if the House be
in a committee when a messenger attends, the Speaker takes the chair
to receive the message, and then quits it to return into a committee,
without any question or interruption.--4 _Grey_, 226.$
Messengers are not saluted by the members, but by the Speaker, for the
House.--2 _Grey_, 253, 274.
If messengers commit an error in delivering their messages, they may
be admitted, or called in, to correct their message.--4 _Grey_, 41.
Accordingly, March 13, 1800, the Senate having made two amendments to
a bill from the House of Representatives, their secretary, by mistake,
delivered one only; which being inadmissible by itself, that House
disagreed, and notified the Senate of their disagreement. This produced
a discovery of the mistake. The secretary was sent to the other House to
correct his mistake, the correction was received, and the two amendments
acted on _de novo_.
As soon as the messenger, who has brought bills from the other House,
has retired, the Speaker holds the bills in his hand, and acquaints
the House, "That the other House have, by their messenger, sent certain
bills," and then reads their titles, and delivers them to the clerk to
be safely kept till they shall be called for to be read.--_Hakew._ 178.
It is not the usage for one House to inform the other by what numbers a
bill has passed.--10 _Grey_, 150. Yet they have sometimes recommended a
bill as of great importance to the consideration of the House to which
it is sent.--3 _Hats._ 25. Nor when they have rejected a bill from the
other House, do they give notice of it; but it passes sub-silentio to
prevent unbecoming altercation.--1 _Black._ 133.
$But in Congress the rejection is notified by message to the House in
which the bill originated.$
A question is never asked by the one House of the other by way of message,
but only at a conference; for this is an interrogatory, not a message.--3
_Grey_, 151, 181.
When a bill is sent by one House to the other, and is neglected, they
may send a message to remind them of it.--3 _Hats._ 25;_5 Grey_, 154.
But if it be mere inattention, it is better to have it done informally,
by communications between the Speakers, or members of the two Houses.
Where the subject of a message is of a nature that it can properly be
communicated to both Houses of Parliament, it is expected that this
communication should be made to both on the same day. But where a message
was accompanied with an original declaration, signed by the party, to
which the message referred, its being sent to one House was not noticed
by the other, because the declaration, being original, could not possibly
be sent to both Houses at the same time.--2 _Hats._ 260, 261, 262.
The King having sent original letters to the Commons, afterwards desires
they may be returned, that he may communicate them to the Lords.--1
_Chandler_, 303.
SECTION XLVIII.
ASSENT.
The House which has received a bill, and passed it, may present it for
the King's assent, and ought to do it, though they have not by message
notified to the other their passage of it. Yet the notifying by message
is a form which ought to be observed between the two Houses, from motives
of respect and good understanding.--3 _Hats._ 242. Were the bill to be
withheld from being presented to the King, it would be an infringement
of the rules of Parliament.--2 _Hats._ 242.
$When a bill has passed both Houses of Congress, the House last acting on
it notifies its passage to the other, and delivers the bill to the joint
committee of enrolment, who see that it is truly enrolled in parchment.
When the bill is enrolled, it is not to be written in paragraphs, but
solidly and all of a piece, that the blanks within the paragraphs may
not give room for forgery.--9 _Grey_, 143. It is then put in the hands
of the clerk of the House of Representatives, to have it signed by the
Speaker. The clerk then brings it by way of message to the Senate, to be
signed by their President. The secretary of the Senate returns it to the
committee of enrolment, who present it to the President of the United
States. If he approves, he signs and deposits it among the rolls in the
office of the Secretary of State, and notifies by message the House in
which it originated, that he has approved and signed it; of which that
House informs the other by message. If the President disapproves, he is
to return it, with his objections, to the House in which it shall have
originated; who are to enter the objections at large on their journal,
and proceed to reconsider it. If, after such reconsideration, two-thirds
of the House shall agree to pass the bill, it shall be sent, together
with the President's objections, to the other House, by which it shall
likewise be reconsidered, and if approved by two-thirds of that House, it
shall become a law. If any bill shall not be returned by the President
within ten days (Sunday's excepted) after it shall have been presented
to him, the same shall be a law, in like manner as if he had signed it,
unless the Congress, by their adjournment, prevent its return; in which
case it shall not be a law.--_Const. U. S._, Art. I. Sec. 7.
Every order, resolution, or vote, to which the concurrence of the
Senate and the House of Representatives may be necessary, (except on
a question of adjournment,) shall be presented to the President of the
United States, and before the same shall take effect, shall be approved
by him, or, being disapproved by him, shall be re-passed by two-thirds
of the Senate and House of Representatives, according to the rules and
limitations prescribed in the case of a bill.--_Const. U. S._, Art. I.
Sec. 7.$
SECTION XLIX.
JOURNALS.
$Each House shall keep a journal of its proceedings, and from time to
time publish the same, excepting such parts as may, in their judgment,
require secrecy.--_Const._, I. 5, 3.
Every vote of Senate shall be entered on the journal, and a brief
statement of the contents of each petition, memorial, or paper, presented
to the Senate, be also inserted on the journal.--_Rule_ 24.
The proceedings of the Senate, when not acting as in a committee of
the House, shall be entered on the journals, as concisely as possible,
care being taken to detail a true account of the proceedings.--_Rule_ 26.
The titles of bills, and such part thereof only as shall be affected
by proposed amendments, shall be inserted on the journals.--_Rule_ 27.$
If a question is interrupted by a vote to adjourn, or to proceed to the
orders of the day, the original question is never printed in the journal,
it never having been a vote, nor introductory to any vote; but when
suppressed by the previous question, the first question must be stated,
in order to introduce, and make intelligible, the second.--2 _Hats._ 83.
So also, when a question is postponed, adjourned, or laid on the table,
the original question, though not yet a vote, must be expressed in the
journals; because it makes part of the vote of postponement, adjourning,
or laying on the table.
Where amendments are made to a question, those amendments are not printed
in the journals, separated from the question; but only the question as
finally agreed to by the House. The rule of entering in the journals
only what the House has agreed to, is founded in great prudence and good
sense; as there may be many questions proposed which it may be improper
to publish to the world, in the form in which they are made.--2 _Hats._
85.
$In both Houses of Congress, all questions whereon the yeas and nays are
desired by one-fifth of the members present, whether decided affirmatively
or negatively, must be entered on the journals.--_Const._ I. 5, 3.$
The first order for printing the votes of the House of Commons, was
October 30, 1685.--1 _Chandler_, 387.
Some judges have been of opinion, that the journals of the House of
Commons are no records, but remembrances. But this is no law.--_Cob._
110, 111; _Lex. Parl._ 114, 115; _Jour. H. C._ Mar. 17, 1592; _Hale
Parl._ 105. For the Lords, in their House, have power of judicature;
the Commons, in their House, have power of judicature; and both Houses
together have power of judicature; and the book of the clerk of the House
of Commons is a record, as is affirmed by act of Parliament.--6 _H._ 8.
_c._ 16; _Inst._ 23, 24; and every member of the House of Commons has a
judicial place.--4 _Inst._ 15. As records, they are open to every person;
and a printed vote of either House is sufficient ground for the other
to notice it. Either may appoint a committee to inspect the journals of
the other, and report what has been done by the other in any particular
case.--2 _Hats._ 261; 3 _Hats._ 27, 30. Every member has a right to see
the journals, and to take and publish votes from them. Being a record,
every one may see and publish them.--6 _Grey_, 118, 119.
On information of a mis-entry or omission of an entry in the journal, a
committee may be appointed to examine and rectify it, and report it to
the House.--2 _Hats._ 194, 5.
SECTION L.
ADJOURNMENT.
The two Houses of Parliament have the sole, separate, and independent
power of adjourning, each their respective Houses. The King has no
authority to adjourn them; he can only signify his desire, and it is in
the wisdom and prudence of either House to comply with his requisition,
or not, as they see fitting.--2 _Hats._ 332; 1 _Blackstone_, 186; 5
_Grey_, 122.
$By the Constitution of the United States, a smaller number than a
majority may adjourn from day to day.--I. 5. But neither House, during
the session of Congress, shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which the
two Houses shall be sitting.--I. 5. The President may, on extraordinary
occasions, convene both Houses, or either of them, and in case of
disagreement between them, with respect to the time of adjournment, he
may adjourn them to such time as he shall think proper.--_Const._ II. 3.$
A motion to adjourn simply, cannot be amended as by adding, "To a
particular day." But must be put simply, "That this House do now adjourn?"
and if carried in the affirmative, it is adjourned to the next sitting
day, unless it has come to a previous resolution, "That at its rising,
it will adjourn to a particular day;" and then the House is adjourned
to that day.--2 _Hats._ 82.
Where it is convenient that the business of the House be suspended for
a short time, as for a conference presently to be held, &c., it adjourns
during pleasure.--2 _Hats._ 305. Or for a quarter of an hour.--5 _Grey_,
331.
If a question be put for adjournment, it is no adjournment till the
Speaker pronounces it.--5 _Grey_, 137. And from courtesy and respect,
no member leaves his place till the Speaker has passed on.
SECTION LI.
A SESSION.
Parliament have three modes of separation, to wit, by adjournment, by
prorogation, by dissolution by the King, or by the efflux of the term
for which they were elected. Prorogation or dissolution constitutes there
what is called a session; provided some act has passed. In this case, all
matters depending before them are discontinued, and at their next meeting
are to be taken up _de novo_, if taken up at all.--1 _Blackstone_, 186.
Adjournment, which is by themselves, is no more than a continuance of
the session from one day to another, or for a fortnight, a month, &c.,
_ad libitum_. All matters depending remain in _statu quo_, and when they
meet again, be the term ever so distant, are resumed without any fresh
commencement, at the point at which they were left.--1 _Lev._ 165; _Lex.
Parl. c._ 2; 1 _Ro. Rep._ 29; 4 _Inst._ 7, 27, 28; _Hut._ 61; 1 _Mod._
152; _Ruffh. Jac. L. Dict. Parliaments_; _Blackstone_, 186. Their whole
session is considered in law but as one day, and has relation to the
first day thereof.--_Bro. Abro. Parliament_, 86.
Committees may be appointed to sit during a recess by adjournment, but
not by prorogation.--5 _Grey_, 374; 9 _Grey_, 350; 1 _Chandler_, 50.
Neither House can continue any portion of itself in any Parliamentary
function, beyond the end of the session, without the consent of the other
two branches. When done, it is by a bill constituting them commissioners
for the particular purpose.
$Congress separate in two ways only, to wit, by adjournment or dissolution
by the efflux of their time. What then constitutes a session with them?
A dissolution certainly closes one session, and the meeting of the new
Congress begins another. The Constitution authorizes the President, "On
extraordinary occasions, to convene both Houses, or either of them."--Art.
I. Sec. 3. If convened by the President's proclamation, this must begin
a new session, and of course determine the preceding one to have been
a session. So, if it meets under the clause of the Constitution, which
says, "The Congress shall assemble, at least once in every year, and such
meeting shall be on the first Monday in December, unless they shall by
law appoint a different day,"--I, 4,--this must begin a new session. For
even if the last adjournment was to this day, the act of adjournment is
merged in the higher authority of the Constitution, and the meeting will
be under that, and not under their adjournment. So far we have fixed
landmarks for determining sessions. In other cases, it is declared by
the joint vote authorizing the President of the Senate and the Speaker
to close the session on a fixed day, which is usually in the following
form, "Resolved, by the Senate and House of Representatives, that the
President of the Senate and the Speaker of the House of Representatives,
be authorized to close the present session, by adjourning their respective
Houses on the ---- day of ----."$
When it was said above, that all matters depending before Parliament
were discontinued by the determination of the session, it was not
meant for judiciary cases, depending before the House of Lords, such
as impeachments, appeals, and writs of error. These stand continued
of course to the next session.--_Raym._ 120, 381; _Ruffh. Jac. L. D.
Parliament_.
$Impeachments stand in like manner continued before the Senate of the
United States.$
SECTION LII.
TREATIES.
$The President of the United States has power, by and with the advice
and consent of the Senate, to make treaties, provided two-thirds of the
Senators present concur.--_Const. U. S._ Art. II. Sec. 2.
Resolved, That all confidential communications, made by the President
of the United States to the Senate, shall be, by the members thereof,
kept inviolably secret; and that all treaties, which may hereafter be
laid before the Senate, shall also be kept secret, until the Senate
shall, by their resolution, take off the injunction of secrecy.--_Dec.
22d, 1804._$
Treaties are legislative acts. A treaty is a law of the land. It differs
from other laws only as it must have the consent of a foreign nation,
being but a contract with respect to that nation. In all countries, I
believe, except England, treaties are made by the legislative power; and
there, also, if they touch the laws of the land, they must be approved by
Parliament. Ware _vs._ Hilton.--3 _Dallas's Rep._ 199. It is acknowledged,
for instance, that the King of Great Britain cannot, by a treaty, make a
citizen of an alien.--_Vattel_, _b._ 1, _c._ 19, _sec._ 214. An act of
Parliament was necessary to validate the American treaty of 1783. And
abundant examples of such acts can be cited. In the case of the treaty
of Utrecht, in 1712, the commercial articles required the concurrence of
Parliament. But a bill brought in for that purpose was rejected. France,
the other contracting party, suffered these articles, in practice, to
be not insisted on, and adhered to the rest of the treaty.--4 _Russell's
Hist. Mod. Europe_, 457; 2 _Smollet_, 242, 246.
$By the Constitution of the United States, this department of legislation
is confined to two branches only, of the ordinary Legislature; the
President originating, and Senate having a negative. To what subject
this power extends, has not been defined in detail by the Constitution;
nor are we entirely agreed among ourselves. 1. It is admitted that it
must concern the foreign nation, party to the contract, or it would be
a mere nullity _res inter alias acta_. 2. By the general power to make
treaties, the Constitution must have intended to comprehend only those
objects which are usually regulated by treaty, and cannot be otherwise
regulated. 3. It must have meant to except out of these the rights
reserved to the States; for surely the President and Senate cannot do by
treaty what the whole government is interdicted from doing in any way.
4. And also to except those subjects of legislation in which it gave a
participation to the House of Representatives. This last exception is
denied by some, on the ground that it would leave very little matter
for the treaty power to work on. The less the better say others. The
Constitution thought it wise to restrain the Executive and Senate from
entangling and embroiling our affairs with those of Europe. Besides, as
the negotiations are carried on by the Executive alone, the subjecting
to the ratification of the Representatives such articles as are within
their participation, is no more inconvenient than to the Senate. But
the ground of this exemption is denied as unfounded. For examine, _e.
g._, the treaty of commerce with France, and it will be found that out
of thirty-one articles, there are not more than small portions of two
or three of them which would not still remain as subjects of treaties,
untouched by these exceptions.$
* * * * *
$Treaties being declared, equally with the laws of the United States,
to be the supreme law of the land, it is understood that an act of the
Legislature alone can declare them infringed and rescinded. This was
accordingly the process adopted in the case of France, 1798.$
* * * * *
$It has been the usage of the Executive, when it communicates a treaty to
the Senate for their ratification, to communicate also the correspondence
of the negotiations. This having been omitted in the case of the Prussian
treaty, was asked by a vote of the House of February 12, 1800, and was
obtained. And in December, 1800, the Convention of that year, between
the United States and France, with the report of the negotiations by
the Envoys, but not their instructions, being laid before the Senate,
the instructions were asked for, and communicated by the President.$
* * * * *
$The mode of voting on questions of ratification is by nominal call.$
* * * * *
$Resolved, as a standing rule, That whenever a treaty shall be laid
before the Senate for ratification, it shall be read a first time for
information only; when no motion to reject, ratify, or modify the whole
or any part, shall be received.$
* * * * *
$That its second reading shall be for consideration; and on a subsequent
day, when it shall be taken up as in a committee of the whole, and
every one shall be free to move a question on any particular article in
this form: "Will the Senate advise and consent to the ratification of
this article?" or to propose amendments thereto, either by inserting or
leaving out words, in which last case the question shall be, "Shall the
words stand part of the article?" And in every of the said cases, the
concurrence of two-thirds of the Senators present shall be required to
decide affirmatively. And when through the whole, the proceedings shall
be stated to the House, and questions be again severally put thereon
for confirmation, or new ones proposed, requiring in like manner a
concurrence of two-thirds for whatever is retained or inserted.$
* * * * *
$That the votes so confirmed shall, by the House or a committee thereof,
be reduced into the form of a ratification with or without modifications,
as may have been decided, and shall be proposed on a subsequent day, when
every one shall again be free to move amendments, either by inserting or
leaving out words; in which last case the question shall be, "Shall the
words stand part of the resolution?" And in both cases the concurrence
of two-thirds shall be requisite to carry the affirmative; as well as
on the final question to advise and consent to the ratification in the
form agreed to.--_Rule of Jan. 6, 1801._$
* * * * *
$Resolved, That when any question may have been decided by the Senate,
in which two-thirds of the members present are necessary to carry the
affirmative, any member who voted on that side which prevailed in the
question may be at liberty to move for a reconsideration; and a motion
for reconsideration shall be decided by a majority of votes.--_Rule of
Feb. 3, 1801._$
SECTION LIII.
IMPEACHMENT.
$The House of Representatives shall have the sole power of
impeachment.--_Const. U. S._ Art. I. Sec. 3.$
* * * * *
$The Senate shall have the sole power to try all impeachments. When
sitting for that purpose, they shall be on oath or affirmation. When the
President of the United States is tried, the Chief Justice shall preside;
and no person shall be convicted without the concurrence of two-thirds of
the members present. Judgment, in cases of impeachment, shall not extend
further than to removal from office, and disqualification to hold and
enjoy any office of honor, trust, or profit, under the United States.
But the party convicted shall nevertheless be liable and subject to
indictment, trial, judgment, and punishment, according to law.--_Const.
U. S._ Art. I. Sec. 3.
The President, Vice-President, and all civil officers of the United
States, shall be removed from office on impeachment for, and conviction
of, treason, bribery, or other high crimes and misdemeanors.--_Const.
U. S._ Art. II. Sec. 4.
The trial of crimes, except in cases of impeachment, shall be by
jury.--_Const. U. S._ Art. III. Sec. 2.$
These are the provisions of the Constitution of the United States on
the subject of impeachments. The following is a sketch on some of the
principles and practices of England on the same subject.
_Jurisdiction._--The Lords cannot impeach any to themselves, nor join in
the accusation, because they are judges.--_Seld. Judic. in Parl._ 12,
63. Nor can they proceed against a commoner, but on complaint of the
Commons.--_Ib._ 84. The Lords may not, by the law, try a commoner for
capital offence, on the information of the King, or a private person;
because the accused is entitled to a trial by his peers generally; but
on accusation by the House of Commons, they may proceed against the
delinquent, of whatsoever degree, and whatsoever be the nature of the
offence; for there they do not assume to themselves trial at common
law. The Commons are then instead of a jury, and the judgment is given
on their demand, which is instead of a verdict. So the Lords do only
judge but not try the delinquent.--_Ib._ 6, 7. But Wooddeson denies that
a commoner can now be charged capitally before the Lords, even by the
Commons; and cites Fitzharris's case, 1681, impeached of high treason,
where the Lords remitted the prosecution to the inferior court.--8
_Grey's Deb._ 325, 6, 7; 2 _Wooddeson_, 601, 576; 3 _Seld._ 1610, 1619,
1641; 4 _Black._ 257; 3 _Seld._ 1604, 1618, 9. 1656.
_Accusation._--The Commons, as the grand inquest of the nation, become
suitors for penal justice.--2 _Woodd._ 597; 6 _Grey_, 356. The general
course is to pass a resolution, containing a criminal charge against
the supposed delinquent, and then to direct some member to impeach him
by oral accusation, at the bar of the House of Lords, in the name of
the Commons. The person signifies, that the articles will be exhibited,
and desires that the delinquent may be sequestered from his seat, or be
committed, or that the Peers will take order for his appearance.--_Sachev.
Trial._ 325; 2 _Woodd._ 602, 605; _Lords' Jour._ 3 June, 1701; 1 _Wms._
616; _Grey_, 324.
_Process._--If the party do not appear, proclamations are to be issued
giving him a day to appear. On their return they are strictly examined.
If any error be found in them, a new proclamation issues, giving a
short day. If he appear not, his goods may be arrested, and they may
proceed.--_Seld. Jud._ 98, 99.
_Articles._--The accusation (article) of the Commons, is substituted
in place of an indictment. Thus, by the usage of Parliament, an
impeachment for writing or speaking the particular words, need not be
specified.--_Sach. Tr._ 325; 2 _Woodd._ 602, 605; _Lords' Journ._ 3
June, 1701; 1 _Wms._ 616.
_Appearance._--If he appears, and the case be capital, he answers
in custody; though not if the accusation be general. He is not to
be committed but on special accusations. If it be for a misdemeanor
only, he answers a Lord in his place, a Commoner at the bar, and not
in custody, unless, on the answer, the Lords find cause to commit him
till he find sureties to attend, and lest he should fly.--_Seld. Jud._
98, 99. A copy of the articles is given him, and a day fixed for his
answer.--_T. Ray_; 1 _Rushw._ 268; _Fost._ 232; 1 _Clar. Hist. of the
Reb._ 379. On a misdemeanor, his appearance may be in person, or he may
answer in writing, or by attorney.--_Seld. Jud._ 100. The general rule
on accusation for a misdemeanor is, that in such a state of liberty or
restraint as the party is when the Commons complain of him, in such he is
to answer. _Seld. Jud._ 101. If previously committed by the Commons, he
answers as a prisoner. But this may be called, in some sort, _judicium
parium suorum_.--_Seld. Jud._ In misdemeanors, the party has a right to
counsel by the common law; but not in capital cases.--_Seld. Jud._ 102-5.
_Answer._--The answer need not observe great strictness of form. He may
plead guilty as to part, and defend as to the residue; or, saving all
exceptions, deny the whole, or give a particular answer to each article
separately.--1 _Rush._ 274; 2 _Rush._ 1374; 12 _Parl. Hist._ 442; 3
_Lords' Journ._ 13 Nov. 1643; 2 _Wood._ 607. But he cannot plead a pardon
in bar to the impeachment.--2 _Wood._ 618; 2 _St. Tr._ 735.
_Replication, rejoinder, &c._--There may be a replication, rejoinder,
&c.--_Seld. Jud._ 114; 8 _Grey's Deb._ 233; _Sach. Tr._ 15; _Journ.
House of Commons_, 6 March, 1640, 1.
_Witnesses._--The practice is to swear the witnesses in open House, and
then examine them there: or a committee may be named, who shall examine
them in committee either on interrogatories agreed on in the House, or
such as the committee, in their discretion, shall demand.--_Seld. Jud._
120, 123.
_Jury._--In the case of Alice Pierce, 1 _R._ 2. a jury was empannelled
for her trial before a committee.--_Seld. Jud._ 123. But this was on
a complaint, not an impeachment by the Commons.--_Seld. Jud._ 163. It
must also have been for a misdemeanor only, as the Lords Spiritual
sat in the case, which they do on misdemeanors, but not in capital
cases.--_Seld. Jud._ 148. The judgment was a forfeiture of all her lands
and goods.--_Seld. Jud._ 188. This, Selden says, is the only jury he
finds recorded in Parliament for misdemeanors; but he makes no doubt
if the delinquent doth put himself on the trial of his country, a jury
ought to be empannelled: and he adds, that it is not so on impeachment
by the Commons; for they are in _oco proprio_, and here no jury ought to
be empannelled.--_Ib._ 124. The Lord Berkley, 6 _E._ 3, was arranged for
the murder of, _L._ 2, on an information on the part of the King, and
not on impeachment of the Commons; for then they had been _patria sua_.
He waived his peerage, and was tried by a jury of Gloucestershire and
Warwickshire.--_Ib._ 125. In one, 1 _H._ 7, the Common protest that they
are not to be considered as parties to any judgment given, or hereafter
to be given in Parliament.--_Ib._ 133. They have been generally, and
more justly considered, as is before stated, as the grand jury. For the
conceit of Selden is certainly not accurate, that they are the _patria
sua_ of the accused, and that the Lords do only judge, but not try. It
is undeniable that they do try. For they examine witnesses as to the
facts, and acquit or condemn according to their own belief of them. And
Lord Hale says, "the Peers are judges of law as well as of fact."--2
_Hale_, _P. C._ 275. Consequently of fact as well as of law.
_Presence of Commons._--The Commons are to be present at the examination
of witnesses.--_Seld. Jud._ 124. Indeed, they are to attend throughout,
either as a committee of the whole House; or otherwise, at discretion,
appoint managers to conduct the proofs.--_Rushw. Tr. of Straff._ 37;
_Com. journ._ 4 Feb. 1709, 10; 2 _Wood._ 614. And judgment is not to
be given till they demand it.--_Seld. Jud._ 124. But they are not to be
present on impeachment when the Lords consider of the answer or proofs,
and determine of their judgment. Their presence, however, is necessary
at the answer and judgment in cases capital.--_Ib._ 58, 159; as well as
not capital, 162. The Lords debate the judgment among themselves. Then
the vote is first taken on the question of guilty or not guilty; and if
they convict, the question, or particular sentence, is out of that which
seemeth to be most generally agreed on.--_Seld. Jud._ 167; 2 _Wood._ 612.
_Judgment._--Judgments in Parliament, for death, have been strictly
guided _per legem terræ_, which they cannot alter; and not at all
according to their discretion. They can neither admit any part of the
legal judgment, nor add to it. Their sentence must be _secundum, non
ultra legem_.--_Seld. Jud._ 168, 169, 170, 171. This trial, though it
varies in external ceremony, yet differs not in essentials from criminal
prosecutions before inferior courts. The same rules of evidence, the
same legal notions of crimes and punishments, prevail. For impeachments
were not framed to alter the law, but to carry it into more effectual
execution against two powerful delinquents. The judgment, therefore, is
to be such as is warranted by legal principles or precedents.--6 _Stra.
Tr._ 14; 2 _Wood._ 611. The Chancellor gives judgments in misdemeanors;
the Lord High Steward, formerly, in cases of life and death.--_Seld.
Jud._ 180. But now the Steward is deemed not necessary.--_Fost._ 144; 1
_Woodd._ 613. In misdemeanors, the greatest corporal punishment hath been
imprisonment.--_Seld. Jud._ 184. The King's assent is necessary in capital
judgments, (but 2 _Woodd._ 614. contra.) but not in misdemeanors.--_Seld.
Jud._ 136.
_Continuance._--An impeachment is not discontinued by the dissolution
of Parliament; but may be resumed by the new Parliament.--_T. Ray._ 383;
5 _Com. jour._ 23 Dec. 1790; _Lord's jour._ May 16, 1791; 2 _Wood._ 618.
FOOTNOTES:
[1]
[JUDGE WYTHE.] PHILADELPHIA,
February 28, 1800.
MY DEAR SIR:--I know how precious your time is, and how
exclusively you devote it to the duties of your office, yet
I venture to ask a few hours or minutes of it on motives of
public service, as well as private friendship. I will explain
the occasion of the application. You recollect enough of
the old Congress to remember that their mode of managing
the business of the House was not only unparliamentary,
but that the forms were so awkward and inconvenient that
it was impossible sometimes to get at the true sense of
the majority. The House of Representatives of the United
States are now pretty much in the same situation. In the
Senate it is in our power to get into a better way; our
ground is this: The Senate have established a few rules
for their government, and have subjected the decisions on
these and on _all other points of order_ without debate,
and without appeal, to the judgment of their President, he,
for his own sake, as well as theirs, must prefer recurring
to some system of rules ready formed; and there can be
no question that the Parliamentary rules are the best
known to us for managing the debates, and obtaining the
sense of a deliberative body. I have therefore made them
my rule of decision, rejecting those of the old Congress
altogether, and it gives entire satisfaction to the Senate;
insomuch that we shall not only have a good system there,
but probably, by the example of its effects, produce a
conformity in the other branch. But in the course of this
business I find perplexities, having for twenty years been
out of deliberative bodies, and become rusty as to many
points of proceeding; and so little has the Parliamentary
branch of the law been attended to, that I not only find
no person here, but not even a book to aid me. I had, at
an early period of life, read a good deal on the subject,
and common-placed what I read. This common-place has been
my pillar; but there are many questions of practice on
which that is silent, some of them are so minute indeed,
and belong too much to every-day's practice, that they
have never been thought worthy of being written down, yet
from desuetude they have slipped my memory. You will see
by the enclosed paper what they are. I know with what pain
you write: therefore I have left a margin in which you
can write a simple negative or affirmative opposite every
position, or perhaps, with as little trouble, correct the
text by striking out or interlining. This is what I have
earnestly to solicit from you, and I would not have given
you the trouble if I had had any other resource. But you
are, in fact, the only spark of Parliamentary science now
remaining to us. I am the more anxious, because I have
been forming a manual of Parliamentary law which I mean to
deposit with the Senate as the standard by which I judge,
and am willing to be judged. Though I should be opposed to
its being printed, yet it may be done perhaps without my
consent; and in that case I should be sorry indeed should it
go out with errors that a Tyro should not have committed.
And yet it is precisely those to which I am most exposed.
I am less afraid as to important matters, because for them
I have printed authorities; but it is those small matters
of daily practice, which twenty years ago were familiar to
me, but have in that time escaped my memory. I hope under
these circumstances you will pardon the trouble I propose
to you in the enclosed paper. I am not pressed in time,
so that your leisure will be sufficient for me. Accept
the salutations of grateful and sincere friendship and
attachment, and many prayers for your health and happiness
from, Dear Sir,
Yours affectionately.
[2] Order of the House of Commons, 1663, July 16.
[3] Elsynge, 217; 1 Hats. 21; 1 Grey's Deb. 133.
[4] In a case of division of the question, and
a decision against striking out, I advance, doubtingly,
the opinion here expressed. I find no authority either
way; and I know it may be viewed under a different aspect.
It may be thought, that having decided separately not to
strike out the passage, the same question for striking
out cannot be put over again, though with a view to a
different insertion. Still I think it more reasonable and
convenient to consider the striking out and insertion as
forming one proposition; but should readily yield to any
evidence that the contrary is the practice in Parliament.
[5] Noes.--9 Grey, 365.
PART V.
THE ANAS.
_Explanation of the three volumes bound in marbled paper._[6]
In these three volumes will be found copies of the official opinions[7]
given in writing by me to General Washington, while I was Secretary
of State, with sometimes the documents belonging to the case. Some of
these are the rough draughts, some press copies, some fair ones. In the
earlier part of my acting in that office, I took no other note of the
passing transactions; but after awhile, I saw the importance of doing
it in aid of my memory. Very often, therefore, I made memorandums on
loose scraps of paper, taken out of my pocket in the moment, and laid
by to be copied fair at leisure, which, however, they hardly ever were.
These scraps, therefore, ragged, rubbed, and scribbled as they were, I
had bound with the others by a binder who came into my cabinet, did it
under my own eye, and without the opportunity of reading a single paper.
At this day, after the lapse of twenty-five years, or more, from their
dates, I have given to the whole a calm revisal, when the passions of
the time are passed away, and the reasons of the transactions act alone
on the judgment. Some of the informations I had recorded, are now cut
out from the rest, because I have seen that they were incorrect, or
doubtful, or merely personal or private, with which we have nothing to
do. I should perhaps have thought the rest not worth preserving, but for
their testimony against the only history of that period, which pretends
to have been compiled from authentic and unpublished documents.
* * * * *
But a short review of facts * * * * * will show, that the contests of
that day were contests of principle, between the advocates of republican,
and those of kingly government, and that had not the former made the
efforts they did, our government would have been, even at this early day,
a very different thing from what the successful issue of those efforts
have made it.
The alliance between the States under the old Articles of Confederation,
for the purpose of joint defence against the aggression of Great Britain,
was found insufficient, as treaties of alliance generally are, to enforce
compliance with their mutual stipulations; and these, once fulfilled,
that bond was to expire of itself, and each State to become sovereign
and independent in all things. Yet it could not but occur to every one,
that these separate independencies, like the petty States of Greece,
would be eternally at war with each other, and would become at length
the mere partisans and satellites of the leading powers of Europe. All
then must have looked forward to some further bond of union, which would
insure eternal peace, and a political system of our own, independent
of that of Europe. Whether all should be consolidated into a single
government, or each remain independent as to internal matters, and the
whole form a single nation as to what was foreign only, and whether that
national government should be a monarchy or republic, would of course
divide opinions, according to the constitutions, the habits, and the
circumstances of each individual. Some officers of the army, as it has
always been said and believed, (and Steuben and Knox have ever been
named as the leading agents,) trained to monarchy by military habits, are
understood to have proposed to General Washington to decide this great
question by the army before its disbandment, and to assume himself the
crown on the assurance of their support. The indignation with which he
is said to have scouted this parricide proposition was equally worthy of
his virtue and wisdom. The next effort was, (on suggestion of the same
individuals, in the moment of their separation,) the establishment of
an hereditary order under the name of the Cincinnati, ready prepared by
that distinction to be ingrafted into the future frame of government,
and placing General Washington still at their head. The General wrote
to me on this subject, while I was in Congress at Annapolis, and an
extract from my letter is inserted in 5th Marshall's history, page 28.
He afterwards called on me at that place on his way to a meeting of the
society, and after a whole evening of consultation, he left that place
fully determined to use all his endeavors for its total suppression. But
he found it so firmly riveted in the affections of the members, that,
strengthened as they happened to be by an adventitious occurrence of the
moment, he could effect no more than the abolition of its hereditary
principle. He called again on his return, and explained to me fully
the opposition which had been made, the effect of the occurrence from
France, and the difficulty with which its duration had been limited to
the lives of the present members. Further details will be found among my
papers, in his and my letters, and some in the Encyclopedie Methodique et
Dictionnaire d'Economie Politique, communicated by myself to M. Meusnier,
its author, who had made the establishment of this society the ground,
in that work, of a libel on our country.
The want of some authority which should procure justice to the public
creditors, and an observance of treaties with foreign nations, produced,
some time after, the call of a convention of the States at Annapolis.
Although, at this meeting, a difference of opinion was evident on the
question of a republican or kingly government, yet, so general through
the States was the sentiment in favor of the former, that the friends
of the latter confined themselves to a course of obstruction only, and
delay, to everything proposed; they hoped, that nothing being done,
and all things going from bad to worse, a kingly government might be
usurped, and submitted to by the people, as better than anarchy and
wars internal and external, the certain consequences of the present
want of a general government. The effect of their manœuvres, with the
defective attendance of Deputies from the States, resulted in the measure
of calling a more general convention, to be held at Philadelphia. At
this, the same party exhibited the same practices, and with the same
views of preventing a government of concord, which they foresaw would be
republican, and of forcing through anarchy their way to monarchy. But
the mass of that convention was too honest, too wise, and too steady,
to be baffled and misled by their manœuvres. One of these was a form of
government proposed by Colonel Hamilton, which would have been in fact
a compromise between the two parties of royalism and republicanism.
According to this, the executive and one branch of the legislature were
to be during good behavior, _i. e._ for life, and the governors of the
States were to be named by these two permanent organs. This, however,
was rejected; on which Hamilton left the convention, as desperate, and
never returned again until near its final conclusion. These opinions and
efforts, secret or avowed, of the advocates for monarchy, had begotten
great jealousy through the States generally; and this jealousy it was
which excited the strong opposition to the conventional constitution;
a jealousy which yielded at last only to a general determination to
establish certain amendments as barriers against a government either
monarchical or consolidated. In what passed through the whole period
of these conventions, I have gone on the information of those who were
members of them, being absent myself on my mission to France.
I returned from that mission in the first year of the new government,
having landed in Virginia in December, 1789, and proceeded to New
York in March, 1790, to enter on the office of Secretary of State.
Here, certainly, I found a state of things which, of all I had ever
contemplated, I the least expected. I had left France in the first year of
her revolution, in the fervor of natural rights, and zeal for reformation.
My conscientious devotion to these rights could not be heightened, but it
had been aroused and excited by daily exercise. The President received
me cordially, and my colleagues and the circle of principal citizens
apparently with welcome. The courtesies of dinner parties given me, as a
stranger newly arrived among them, placed me at once in their familiar
society. But I cannot describe the wonder and mortification with which
the table conversations filled me. Politics were the chief topic, and a
preference of kingly over republican government was evidently the favorite
sentiment. An apostate I could not be, nor yet a hypocrite; and I found
myself, for the most part, the only advocate on the republican side of
the question, unless among the guests there chanced to be some member of
that party from the legislative Houses. Hamilton's financial system had
then passed. It had two objects; 1st, as a puzzle, to exclude popular
understanding and inquiry; 2d, as a machine for the corruption of the
legislature; for he avowed the opinion, that man could be governed by
one of two motives only, force or interest; force, he observed, in this
country was out of the question, and the interests, therefore, of the
members must be laid hold of, to keep the legislative in unison with
the executive. And with grief and shame it must be acknowledged that
his machine was not without effect; that even in this, the birth of our
government, some members were found sordid enough to bend their duty to
their interests, and to look after personal rather than public good.
It is well known that during the war the greatest difficulty we
encountered was the want of money or means to pay our soldiers who
fought, or our farmers, manufacturers and merchants, who furnished the
necessary supplies of food and clothing for them. After the expedient of
paper money had exhausted itself, certificates of debt were given to the
individual creditors, with assurance of payment so soon as the United
States should be able. But the distresses of these people often obliged
them to part with these for the half, the fifth, and even a tenth of
their value; and speculators had made a trade of cozening them from the
holders by the most fraudulent practices, and persuasions that they would
never be paid. In the bill for funding and paying these, Hamilton made
no difference between the original holders and the fraudulent purchasers
of this paper. Great and just repugnance arose at putting these two
classes of creditors on the same footing, and great exertions were used
to pay the former the full value, and to the latter, the price only
which they had paid, with interest. But this would have prevented the
game which was to be played, and for which the minds of greedy members
were already tutored and prepared. When the trial of strength on these
several efforts had indicated the form in which the bill would finally
pass, this being known within doors sooner than without, and especially,
than to those who were in distant parts of the Union, the base scramble
began. Couriers and relay horses by land, and swift sailing pilot boats
by sea, were flying in all directions. Active partners and agents were
associated and employed in every State, town, and country neighborhood,
and this paper was bought up at five shillings, and even as low as two
shillings in the pound, before the holder knew that Congress had already
provided for its redemption at par. Immense sums were thus filched
from the poor and ignorant, and fortunes accumulated by those who had
themselves been poor enough before. Men thus enriched by the dexterity
of a leader, would follow of course the chief who was leading them to
fortune, and become the zealous instruments of all his enterprises.
This game was over, and another was on the carpet at the moment of
my arrival; and to this I was most ignorantly and innocently made to
hold the candle. This fiscal manœuvre is well known by the name of
the Assumption. Independently of the debts of Congress, the States had
during the war contracted separate and heavy debts; and Massachusetts
particularly, in an absurd attempt, absurdly conducted, on the British
post of Penobscot: and the more debt Hamilton could rake up, the more
plunder for his mercenaries. This money, whether wisely or foolishly
spent, was pretended to have been spent for general purposes, and ought,
therefore, to be paid from the general purse. But it was objected, that
nobody knew what these debts were, what their amount, or what their
proofs. No matter; we will guess them to be twenty millions. But of
these twenty millions, we do not know how much should be reimbursed
to one State, or how much to another. No matter; we will guess. And
so another scramble was set on foot among the several States, and some
got much, some little, some nothing. But the main object was obtained,
the phalanx of the Treasury was reinforced by additional recruits. This
measure produced the most bitter and angry contest ever known in Congress,
before or since the Union of the States. I arrived in the midst of it.
But a stranger to the ground, a stranger to the actors on it, so long
absent as to have lost all familiarity with the subject, and as yet
unaware of its object, I took no concern in it. The great and trying
question, however, was lost in the House of Representatives. So high were
the feuds excited by this subject, that on its rejection business was
suspended. Congress met and adjourned from day to day without doing any
thing, the parties being too much out of temper to do business together.
The eastern members particularly, who, with Smith from South Carolina,
were the principal gamblers in these scenes, threatened a secession and
dissolution. Hamilton was in despair. As I was going to the President's
one day, I met him in the street. He walked me backwards and forwards
before the President's door for half an hour. He painted pathetically
the temper into which the legislature had been wrought; the disgust of
those who were called the creditor States; the danger of the _secession_
of their members, and the separation of the States. He observed that
the members of the administration ought to act in concert; that though
this question was not of my department, yet a common duty should make
it a common concern; that the President was the centre on which all
administrative questions ultimately rested, and that all of us should
rally around him, and support, with joint efforts, measures approved by
him; and that the question having been lost by a small majority only, it
was probable that an appeal from me to the judgment and discretion of
some of my friends, might effect a change in the vote, and the machine
of government, now suspended, might be again set into motion. I told
him that I was really a stranger to the whole subject; that not having
yet informed myself of the system of finances adopted, I knew not how
far this was a necessary sequence; that undoubtedly, if its rejection
endangered a dissolution of our Union at this incipient stage, I should
deem that the most unfortunate of all consequences, to avert which
all partial and temporary evils should be yielded. I proposed to him,
however, to dine with me the next day, and I would invite another friend
or two, bring them into conference together, and I thought it impossible
that reasonable men, consulting together coolly, could fail, by some
mutual sacrifices of opinion, to form a compromise which was to save
the Union. The discussion took place. I could take no part in it but an
exhortatory one, because I was a stranger to the circumstances which
should govern it. But it was finally agreed, that whatever importance
had been attached to the rejection of this proposition, the preservation
of the Union and of concord among the States was more important, and
that therefore it would be better that the vote of rejection should be
rescinded, to effect which, some members should change their votes. But
it was observed that this pill would be peculiarly bitter to the southern
States, and that some concomitant measure should be adopted, to sweeten
it a little to them. There had before been propositions to fix the seat
of government either at Philadelphia, or at Georgetown on the Potomac;
and it was thought that by giving it to Philadelphia for ten years, and
to Georgetown permanently afterwards, this might, as an anodyne, calm
in some degree the ferment which might be excited by the other measure
alone. So two of the Potomac members (White and Lee, but White with a
revulsion of stomach almost convulsive,) agreed to change their votes,
and Hamilton undertook to carry the other point. In doing this, the
influence he had established over the eastern members, with the agency
of Robert Morris with those of the middle States, effected his side of
the engagement; and so the Assumption was passed, and twenty millions
of stock divided among favored States, and thrown in as a pabulum to the
stockjobbing herd. This added to the number of votaries to the Treasury,
and made its chief the master of every vote in the legislature, which
might give to the government the direction suited to his political views.
I know well, and so must be understood, that nothing like a majority in
Congress had yielded to this corruption. Far from it. But a division,
not very unequal, had already taken place in the honest part of that
body, between the parties styled republican and federal. The latter being
monarchists in principle, adhered to Hamilton of course, as their leader
in that principle, and this mercenary phalanx added to them, insured him
always a majority in both Houses: so that the whole action of legislature
was now under the direction of the Treasury. Still the machine was not
complete. The effect of the funding system, and of the Assumption, would
be temporary; it would be lost with the loss of the individual members
whom it has enriched, and some engine of influence more permanent must be
contrived, while these myrmidons were yet in place to carry it through
all opposition. This engine was the Bank of the United States. All that
history is known, so I shall say nothing about it. While the government
remained at Philadelphia, a selection of members of both Houses were
constantly kept as directors who, on every question interesting to that
institution, or to the views of the federal head, voted at the will of
that head; and, together with the stockholding members, could always make
the federal vote that of the majority. By this combination, legislative
expositions were given to the constitution, and all the administrative
laws were shaped on the model of England, and so passed. And from this
influence we were not relieved, until the removal from the precincts of
the bank, to Washington.
Here then was the real ground of the opposition which was made to the
course of administration. Its object was to preserve the legislature
pure and independent of the executive, to restrain the administration
to republican forms and principles, and not permit the constitution to
be construed into a monarchy, and to be warped, in practice, into all
the principles and pollutions of their favorite English model. Nor was
this an opposition to General Washington. He was true to the republican
charge confided to him; and has solemnly and repeatedly protested to me,
in our conversations, that he would lose the last drop of his blood in
support of it; and he did this the oftener and with the more earnestness,
because he knew my suspicions of Hamilton's designs against it, and wished
to quiet them. For he was not aware of the drift, or of the effect of
Hamilton's schemes. Unversed in financial projects and calculations and
budgets, his approbation of them was bottomed on his confidence in the
man.
But Hamilton was not only a monarchist, but for a monarchy bottomed on
corruption. In proof of this, I will relate an anecdote, for the truth of
which I attest the God who made me. Before the President set out on his
southern tour in April, 1791, he addressed a letter of the fourth of that
month, from Mount Vernon, to the Secretaries of State, Treasury and War,
desiring that if any serious and important cases should arise during his
absence, they would consult and act on them. And he requested that the
Vice President should also be consulted. This was the only occasion on
which that officer was ever requested to take part in a cabinet question.
Some occasion for consultation arising, I invited those gentlemen (and
the Attorney General, as well as I remember,) to dine with me, in order
to confer on the subject. After the cloth was removed, and our question
agreed and dismissed, conversation began on other matters, and by some
circumstance, was led to the British constitution, on which Mr. Adams
observed, "purge that constitution of its corruption, and give to its
popular branch equality of representation, and it would be the most
perfect constitution ever devised by the wit of man." Hamilton paused and
said, "purge it of its corruption, and give to its popular branch equality
of representation, and it would become an _impracticable_ government:
as it stands at present, with all its supposed defects, it is the most
perfect government which ever existed." And this was assuredly the exact
line which separated the political creeds of these two gentlemen. The one
was for two hereditary branches and an honest elective one: the other,
for an hereditary King, with a House of Lords and Commons corrupted to
his will, and standing between him and the people. Hamilton was, indeed,
a singular character. Of acute understanding, disinterested, honest,
and honorable in all private transactions, amiable in society, and duly
valuing virtue in private life, yet so bewitched and perverted by the
British example, as to be under thorough conviction that corruption was
essential to the government of a nation. Mr. Adams had originally been
a republican. The glare of royalty and nobility, during his mission to
England, had made him believe their fascination a necessary ingredient
in government; and Shay's rebellion, not sufficiently understood where he
then was, seemed to prove that the absence of want and oppression, was not
a sufficient guarantee of order. His book on the American constitutions
having made known his political bias, he was taken up by the monarchical
federalists in his absence, and on his return to the United States, he
was by them made to believe that the general disposition of our citizens
was favorable to monarchy. He here wrote his Davila, as a supplement to
a former work, and his election to the Presidency confirmed him in his
errors. Innumerable addresses too, artfully and industriously poured in
upon him, deceived him into a confidence that he was on the pinnacle of
popularity, when the gulf was yawning at his feet, which was to swallow
up him and his deceivers. For when General Washington was withdrawn,
these _energumeni_ of royalism, kept in check hitherto by the dread
of his honesty, his firmness, his patriotism, and the authority of his
name, now mounted on the car of State and free from control, like Phaeton
on that of the sun, drove headlong and wild, looking neither to right
nor left, nor regarding anything but the objects they were driving at;
until, displaying these fully, the eyes of the nation were opened, and
a general disbandment of them from the public councils took place.
Mr. Adams, I am sure, has been long since convinced of the treacheries
with which he was surrounded during his administration. He has since
thoroughly seen, that his constituents were devoted to republican
government, and whether his judgment is re-settled on its ancient basis,
or not, he is conformed as a good citizen to the will of the majority,
and would now, I am persuaded, maintain its republican structure with
the zeal and fidelity belonging to his character. For even an enemy
has said, "he is always an honest man, and often a great one." But in
the fervor of the fury and follies of those who made him their stalking
horse, no man who did not witness it can form an idea of their unbridled
madness, and the terrorism with which they surrounded themselves. The
horrors of the French revolution, then raging, aided them mainly, and
using that as a raw head and bloody bones, they were enabled by their
stratagems of X. Y. Z. in which * * * * * was a leading mountebank, their
tales of tub-plots, ocean massacres, bloody buoys, and pulpit lyings
and slanderings, and maniacal ravings of their Gardeners, their Osgoods
and parishes, to spread alarm into all but the firmest breasts. Their
Attorney General had the impudence to say to a republican member, that
deportation must be resorted to, of which, said he, "you republicans
have set the example;" thus daring to identify us with the murderous
Jacobins of France. These transactions, now recollected but as dreams
of the night, were then sad realities; and nothing rescued us from
their liberticide effect, but the unyielding opposition of those firm
spirits who sternly maintained their post in defiance of terror, until
their fellow citizens could be aroused to their own danger, and rally
and rescue the standard of the constitution. This has been happily done.
Federalism and monarchism have languished from that moment, until their
treasonable combinations with the enemies of their country during the
late war, their plots of dismembering the Union, and their Hartford
convention, have consigned them to the tomb of the dead; and I fondly
hope, "we may now truly say, we are all republicans, all federalists,"
and that the motto of the standard to which our country will forever
rally, will be, "federal union, and republican government;" and sure I
am we may say, that we are indebted for the preservation of this point
of ralliance, to that opposition of which so injurious an idea is so
artfully insinuated and excited in this history.
Much of this relation is notorious to the world; and many intimate proofs
of it will be found in these notes. From the moment where they end, of my
retiring from the administration, the federalists[8] got unchecked hold
of General Washington. His memory was already sensibly impaired by age,
the firm tone of mind for which he had been remarkable, was beginning
to relax, its energy was abated, a listlessness of labor, a desire for
tranquillity had crept on him, and a willingness to let others act,
and even think for him. Like the rest of mankind, he was disgusted with
atrocities of the French revolution, and was not sufficiently aware of
the difference between the rabble who were used as instruments of their
perpetration, and the steady and rational character of the American
people, in which he had not sufficient confidence. The opposition too of
the republicans to the British treaty, and the zealous support of the
federalists in that unpopular but favorite measure of theirs, had made
him all their own. Understanding, moreover, that I disapproved of that
treaty, and copiously nourished with falsehoods by a malignant neighbor
of mine, who ambitioned to be his correspondent, he had become alienated
from myself personally, as from the republican body generally of his
fellow-citizens; and he wrote the letters to Mr. Adams and Mr. Carroll,
over which, in devotion to his imperishable fame, we must forever weep
as monuments of mortal decay.
February 4th, 1818.
* * * * *
August the 13th, 1791. Notes of a conversation between Alexander
Hamilton and Thomas Jefferson. Th: Jefferson mentioned to him a letter
received from John Adams, disavowing Publicola, and denying that he ever
entertained a wish to bring this country under an hereditary executive,
or introduce an hereditary branch of Legislature, &c. See his letter.
Alexander Hamilton condemning Mr. Adams' writings, and most particularly
Davila, as having a tendency to weaken the present government, declared
in substance as follows: "I own it is my own opinion, though I do not
publish it in Dan or Bersheba, that the present government is not that
which will answer the ends of society, by giving stability and protection
to its rights, and that it will probably be found expedient to go into
the British form. However, since we have undertaken the experiment, I
am for giving it a fair course, whatever my expectations may be. The
success, indeed, so far, is greater than I had expected, and therefore,
at present, success seems more possible than it had done heretofore,
and there are still other and other stages of improvement which, if the
present does not succeed, may be tried, and ought to be tried, before
we give up the republican form altogether; for that mind must be really
depraved, which would not prefer the equality of political rights,
which is the foundation of pure republicanism, if it can be obtained
consistently with order. Therefore, whoever by his writings disturbs the
present order of things, is really blameable, however pure his intentions
may be, and he was sure Mr. Adams' were pure." This is the substance
of a declaration made in much more lengthy terms, and which seemed to
be more formal than usual for a private conversation between two, and
as if intended to qualify some less guarded expressions which had been
dropped on former occasions. Th: Jefferson has committed it to writing
in the moment of A. Hamilton's leaving the room.
* * * * *
December the 25th, 1791, Colonel Gunn (of Georgia) dining the other
day with Colonel Hamilton, said to him, with that plain freedom he
is known to use, "I wish, Sir, you would advise your friend King, to
observe some kind of consistency in his votes. There has been scarcely a
question before the Senate on which he has not voted both ways. On the
representation bill, for instance, he first voted for the proposition
of the Representatives, and ultimately voted against it." "Why," says
Colonel Hamilton, "I'll tell you as to that, Colonel Gunn, that it never
was intended that bill should pass." Gunn told this to Butler, who told
it to Th: Jefferson.
CONVERSATIONS WITH THE PRESIDENT.
February the 28th, 1792. I was to have been with him long enough before
three o'clock, (which was the hour and day he received visits,) to have
opened to him a proposition for doubling the velocity of the post riders,
who now travel about fifty miles a day, and might, without difficulty,
go one hundred, and for taking measures (by way bills) to know where
the delay is, when there is any. I was delayed by business, so as to
have scarcely time to give him the outlines. I run over them rapidly,
and observed afterwards, that I had hitherto never spoken to him on the
subject of the post office, not knowing whether it was considered as a
revenue law, or a law for the general accommodation of the citizens: that
the law just passed seemed to have removed the doubt, by declaring that
the whole profits of the office should be applied to extending the posts,
and that even the past profits should be refunded by the treasury for
the same purpose: that I therefore conceive it was now in the department
of the Secretary of State: that I thought it would be advantageous so
to declare it for another reason, to wit: that the department of the
Treasury possessed already such an influence as to swallow up the whole
executive powers, and that even the future Presidents (not supported by
the weight of character which himself possessed,) would not be able to
make head against this department. That in urging this measure I had
certainly no personal interest, since, if I was supposed to have any
appetite for power, yet as my career would certainly be exactly as short
as his own, the intervening time was too short to be an object. My real
wish was to avail the public of every occasion, during the residue of
the President's period, to place things on a safe footing. He was now
called on to attend his company, and he desired me to come and breakfast
with him the next morning.
February the 29th. I did so; and after breakfast we retired to his room,
and I unfolded my plan for the post office, and after such an approbation
of it as he usually permitted himself on the first presentment of any
idea, and desiring me to commit it to writing, he, during that pause of
conversation which follows a business closed, said in an affectionate
tone, that he had felt much concern at an expression which dropped from
me yesterday, and which marked my intention of retiring when he should.
That as to himself, many motives obliged him to it. He had, through
the whole course of the war, and most particularly at the close of it,
uniformly declared his resolution to retire from public affairs, and
never to act in any public office; that he had retired under that firm
resolution: that the government, however, which had been formed, being
found evidently too inefficacious, and it being supposed that his aid
was of some consequence towards bringing the people to consent to one
of sufficient efficacy for their own good, he consented to come into the
convention, and on the same motive, after much pressing, to take a part in
the new government, and get it under way. That were he to continue longer,
it might give room to say, that having tasted the sweets of office, he
could not do without them: that he really felt himself growing old, his
bodily health less firm, his memory, always bad, becoming worse, and
perhaps the other faculties of his mind showing a decay to others of which
he was insensible himself; that this apprehension particularly oppressed
him: that he found, moreover, his activity lessened, business therefore
more irksome, and tranquility and retirement become an irresistible
passion. That however he felt himself obliged, for these reasons, to
retire from the government, yet he should consider it as unfortunate,
if that should bring on the retirement of the great officers of the
government, and that this might produce a shock on the public mind of
dangerous consequence.
I told him that no man had ever had less desire of entering into public
offices than myself; that the circumstance of a perilous war, which
brought every thing into danger, and called for all the services which
every citizen could render, had induced me to undertake the administration
of the government of Virginia; that I had both before and after refused
repeated appointments of Congress to go abroad in that sort of office,
which, if I had consulted my own gratification, would almost have been
the most agreeable to me; that at the end of two years, I resigned the
government of Virginia, and retired with a firm resolution never more to
appear in public life; that a domestic loss, however, happened, and made
me fancy that absence and a change of scene for a time might be expedient
for me; that I therefore accepted a foreign appointment, limited to two
years; that at the close of that, Doctor Franklin having left France,
I was appointed to supply his place, which I had accepted, and though
I continued in it three or four years, it was under the constant idea
of remaining only a year or two longer; that the revolution in France
coming on, I had so interested myself in the event of that, that when
obliged to bring my family home, I had still an idea of returning and
awaiting the close of that, to fix the era of my final retirement; that
on my arrival here I found he had appointed me to my present office;
that he knew I had not come into it without some reluctance; that it
was, on my part, a sacrifice of inclination to the opinion that I might
be more serviceable here than in France, and with a firm resolution in
my mind, to indulge my constant wish for retirement at no very distant
day; that when, therefore, I had received his letter, written from Mount
Vernon, on his way to Carolina and Georgia, (April the 1st, 1791) and
discovered, from an expression in that, that he meant to retire from
the government ere long, and as to the precise epoch there could be no
doubt, my mind was immediately made up; to make that the epoch of my
own retirement from those labors of which I was heartily tired. That,
however, I did not believe there was any idea in any of my brethren in
the administration of retiring; that on the contrary, I had perceived at
a late meeting of the trustees of the sinking fund, that the Secretary
of the Treasury had developed the plan he intended to pursue, and that
it embraced years in its view.
He said, that he considered the Treasury department as a much more
limited one, going only to the single object of revenue, while
that of the Secretary of State, embracing nearly all the objects of
administration, was much more important, and the retirement of the officer
therefore, would be more noticed: that though the government had set
out with a pretty general good will of the public, yet that symptoms of
dissatisfaction had lately shown themselves far beyond what he could have
expected, and to what height these might arise, in case of too great a
change in the administration, could not be foreseen.
I told him, that in my opinion, there was only a single source of these
discontents. Though they had indeed appeared to spread themselves over
the War department also, yet I considered that as an overflowing only
from their real channel, which would never have taken place, if they
had not first been generated in another department, to wit, that of
the Treasury. That a system had there been contrived, for deluging the
States with paper money instead of gold and silver, for withdrawing our
citizens from the pursuits of commerce, manufactures, buildings, and other
branches of useful industry, to occupy themselves and their capitals in
a species of gambling, destructive of morality, and which had introduced
its poison into the government itself. That it was a fact, as certainly
known as that he and I were then conversing, that particular members
of the legislature, while those laws were on the carpet, had feathered
their nests with paper, had then voted for the laws, and constantly
since lent all the energy of their talents, and instrumentality of
their offices, to the establishment and enlargement of this system; that
they had chained it about our necks for a great length of time, and in
order to keep the game in their hands had, from time to time, aided in
making such legislative constructions of the constitution, as made it
a very different thing from what the people thought they had submitted
to; that they had now brought forward a proposition far beyond any one
ever yet advanced, and to which the eyes of many were turned, as the
decision which was to let us know, whether we live under a limited or
an unlimited government. He asked me to what proposition I alluded? I
answered, to that in the report on manufactures, which, under color of
giving _bounties_ for the encouragement of particular manufactures, meant
to establish the doctrine, that the power given by the constitution to
collect taxes to provide for the _general welfare_ of the United States,
permitted Congress to take everything under their management which _they_
should deem for the _public welfare_, and which is susceptible of the
application of money; consequently, that the subsequent enumeration of
their powers was not the description to which resort must be had, and
did not at all constitute the limits of their authority; that this was
a very different question from that of the bank, which was thought an
incident to an enumerated power; that, therefore, this decision was
expected with great anxiety; that, indeed, I hoped the proposition would
be rejected, believing there was a majority in both Houses against it,
and that if it should be, it would be considered as a proof that things
were returning into their true channel; and that, at any rate, I looked
forward to the broad representation which would shortly take place,
for keeping the general constitution on its true ground; and that this
would remove a great deal of the discontent which had shown itself. The
conversation ended with this last topic. It is here stated nearly as
much at length as it really was; the expressions preserved where I could
recollect them, and their substance always faithfully stated.
March 1, 1792.
* * * * *
On the 2d of January, 1792, Messrs. Fitzsimmons and Gerry (among others)
dined with me. These two staid, with a Mr. Larned of Connecticut,
after the company was gone. We got on the subject of references by the
legislature to the Heads of departments, considering their mischief in
every direction. Gerry and Fitzsimmons clearly opposed to them.
Two days afterwards (January the 4th), Mr. Bourne from Rhode Island
presented a memorial from his State, complaining of inequality in the
Assumption, and moved to refer it to the Secretary of the Treasury.
Fitzsimmons, Gerry and others opposed it; but it was carried.
January the 19th. Fitzsimmons moved, that the _President of the United
States_ be requested to direct the Secretary of the Treasury, to
lay before the House information to enable the legislature to judge
of the additional revenue necessary on the increase of the military
establishment. The House, on debate, struck out the words, "President
of the United States."
March the 7th. The subject resumed. An animated debate took place on the
tendency of references to the Heads of departments; and it seemed that a
great majority would be against it; the House adjourned. Treasury greatly
alarmed, and much industry supposed to be used before next morning,
when it was brought on again, and debated through the day, and on the
question, the Treasury carried it by thirty-one to twenty-seven; but
deeply wounded, since it was seen that all Pennsylvania, except Jacobs,
voted against the reference; that Tucker of South Carolina voted for it,
and Sumpter absented himself, debauched for the moment only, because of
the connection of the question with a further Assumption which South
Carolina favored; but showing that they never were to be counted on
among the Treasury votes. Some others absented themselves. Gerry changed
sides. On the whole, it showed that Treasury influence was tottering.
Committed to writing this 10th of March, 1792.
* * * * *
March the 11th, 1792. Consulted verbally by the President, on whom a
committee of the Senate (Izard, Morris, and King) are to wait to-morrow
morning, to know whether he will think it proper to redeem our Algerine
captives, and make a treaty with the Algerines, on the single vote of
the Senate, without taking that of the Representatives.
My opinions run on the following heads:
We must go to Algiers with cash in our hands. Where shall we get it? By
loan? By converting money now in the treasury?
Probably a loan might be obtained on the President's authority; but as
this could not be repaid without a subsequent act of legislature, the
Representatives might refuse it. So if money in the treasury be converted,
they may refuse to sanction it.
The subsequent approbation of the Senate being necessary to validate a
treaty, they expect to be consulted beforehand, if the case admits.
So the subsequent act of the Representatives being necessary where money
is given, why should not they expect to be consulted in like manner, when
the case admits. A treaty is a law of the land. But prudence will point
out this difference to be attended to in making them; viz. where a treaty
contains such articles only as will go into execution of themselves, or
be carried into execution by the judges, they may be safely made; but
where there are articles which require a law to be passed afterwards by
the legislature, great caution is requisite.
For example; the consular convention with France required a very small
legislative regulation. This convention was unanimously ratified by the
Senate. Yet the same identical men threw by the law to enforce it at
the last session, and the Representatives at this session have placed it
among the laws which they may take up or not, at their own convenience,
as if that was a higher motive than the public faith.
Therefore, against hazarding this transaction without the sanction of
both Houses.
The President concurred. The Senate express the motive for this
proposition, to be a fear that the Representatives would not keep the
secret. He has no opinion of the secrecy of the Senate. In this very
case, Mr. Izard made the communication to him, sitting next to him at
table, on one hand, while a lady (Mrs. McLane) was on his other hand,
and the French minister next to her; and as Mr. Izard got on with his
communication, his voice kept rising, and his stutter bolting the words
out loudly at intervals, so that the minister might hear if he would.
He said he had a great mind at one time to have got up, in order to put
a stop to Mr. Izard.
* * * * *
March the 11th, 1792. Mr. Sterret tells me, that sitting round a fire
the other day with four or five others, [Mr. Smith of South Carolina
was one], somebody mentioned that the murderers of Hogeboom, sheriff of
Columbia county, New York, were acquitted. "Aye," says Smith, "this is
what comes of your damned _trial by jury_."
* * * * *
1791. Towards the latter end of November, Hamilton had drawn Ternant into
a conversation on the subject of the treaty of commerce recommended by
the National Assembly of France to be negotiated with us, and, as he had
no ready instructions on the subject, he led him into a proposal that
Ternant should take the thing up as a volunteer with me, that we should
arrange conditions, and let them go for confirmation or refusal. Hamilton
communicated this to the President, who came into it, and proposed it to
me. I disapproved of it, observing, that such a volunteer project would
be binding on us, and not them; that it would enable them to find out
how far we would go, and avail themselves of it. However, the President
thought it worth trying, and I acquiesced. I prepared a plan of treaty
for exchanging the privileges of native subjects, and fixing all duties
forever as they now stood. Hamilton did not like this way of fixing the
duties, because, he said, many articles here would bear to be raised,
and therefore, he would prepare a tariff. He did so, raising duties for
the French, from twenty-five to fifty per cent. So they were to give
us the privileges of native subjects, and we, as a compensation, were
to make them pay higher duties. Hamilton, having made his arrangements
with Hammond to pretend that though he had no powers to conclude a
treaty of commerce, yet his general commission authorized him to enter
into the discussion of one, then proposed to the President at one of
our meetings, that the business should be taken up with Hammond in the
same informal way. I now discovered the trap which he had laid, by first
getting the President into that step with Ternant. I opposed the thing
warmly. Hamilton observed, if we did it with Ternant we should also
with Hammond. The President thought this reasonable. I desired him to
recollect, I had been against it with Ternant, and only acquiesced under
his opinion. So the matter went off as to both. His scheme evidently
was, to get us engaged first with Ternant, merely that he might have
a pretext to engage us on the same ground with Hammond, taking care,
at the same time, by an extravagant tariff, to render it impossible we
should come to any conclusion with Ternant: probably meaning, at the same
time, to propose terms so favorable to Great Britain, as would attach
us to that country by treaty. On one of those occasions he asserted,
that our commerce with Great Britain and her colonies was put on a much
more favorable footing than with France and her colonies. I therefore
prepared the tabular comparative view of the footing of our commerce
with those nations, which see among my papers. See also my project of
a treaty and Hamilton's tariff.
Committed to writing March the 11th, 1792.
* * * * *
It was observable, that whenever, at any of our consultations, anything
was proposed as to Great Britain, Hamilton had constantly ready something
which Mr. Hammond had communicated to him, which suited the subject and
proved the intimacy of their communications; insomuch, that I believe
he communicated to Hammond all our views, and knew from him, in return,
the views of the British court. Many evidences of this occurred; I will
state some. I delivered to the President my report of instructions
for Carmichael and Short, on the subject of navigation, boundary and
commerce, and desired him to submit it to Hamilton. Hamilton made several
just criticisms on different parts of it. But where I asserted that the
United States had no right to alienate an inch of the territory of any
State, he attacked and denied the doctrine. See my report, his note, and
my answer. A few days after came to hand Kirkland's letter, informing
us that the British, at Niagara, expected to run a new line between
themselves and us; and the reports of Pond and Stedman, informing us it
was understood at Niagara, that Captain Stevenson had been sent here by
Simcoe to settle that plan with Hammond. Hence Hamilton's attack of the
principle I had laid down, in order to prepare the way for this new line.
See minute of March the 9th. Another proof. At one of our consultations,
about the last of December, I mentioned that I wished to give in my
report on commerce, in which I could not avoid recommending a commercial
retaliation against Great Britain. Hamilton opposed it violently; and
among other arguments, observed, that it was of more importance to us
to have the posts than to commence a commercial war; that this, and
this alone, would free us from the expense of the Indian wars; that it
would therefore be the height of imprudence in us, while treating for
the surrender of the posts, to engage in anything which would irritate
them; that if we did so, they would naturally say, "these people mean
war, let us therefore hold what we have in our hands." This argument
struck me forcibly, and I said, "if there is a hope of obtaining the
posts, I agree it would be imprudent to risk that hope by a commercial
retaliation. I will, therefore, wait till Mr. Hammond gives me in his
assignment of breaches, and if that gives a glimmering of hope that they
mean to surrender the posts, I will not give in my report till the next
session." Now, Hammond had received my assignment of breaches on the
15th of December, and about the 22d or 23d had made me an apology for
not having been able to send me his counter-assignment of breaches; but
in terms which showed I might expect it in a few days. From the moment
it escaped my lips in the presence of Hamilton, that I would not give in
my report till I should see Hammond's counter-complaint, and judge if
there was a hope of the posts, Hammond never said a word to me on any
occasion, as to the time he should be ready. At length the President
got out of patience, and insisted I should jog him. This I did on the
21st of February, at the President's assembly: he immediately promised
I should have it in a few days, and accordingly, on the 5th of March I
received it.
Written March the 11th, 1792.
* * * * *
March the 12th, 1792. Sent for by the President, and desired to bring
the letter he had signed to the King of France. Went. He said the House
of Representatives had, on Saturday, taken up the communication he had
made of the King's letter to him, and come to a vote in their own name;
that he did not expect this when he sent this message and the letter,
otherwise he would have sent the message without the letter, as I had
proposed. That he apprehended the legislature would be endeavoring to
invade the executive. I told him, I had understood the House had resolved
to request him to join their congratulations to his on the completion
and acceptance of the constitution; on which part of the vote, there
were only two dissentients, (Barnwell and Benson;) that the vote was
thirty-five to sixteen on that part which expressed an approbation of
the wisdom of the constitution; that in the letter he had signed, I had
avoided saying a word in approbation of the constitution, not knowing
whether the King, in his heart, approved it. Why, indeed, says he, I
begin to doubt very much of the affairs of France; there are papers from
London as late as the 10th of January, which represent them as going
into confusion. He read over the letter he had signed, found there was
not a word which could commit his judgment about the constitution, and
gave it to me back again. This is one of many proofs I have had, of his
want of confidence in the event of the French revolution. The fact is,
that Governeur Morris, a high-flying monarchy man, shutting his eyes and
his faith to every fact against his wishes, and believing everything he
desires to be true, has kept the President's mind constantly poisoned
with his forebodings. That the President wishes the revolution may be
established, I believe from several indications. I remember, when I
received the news of the King's flight and capture, I first told him of
it at his assembly. I never saw him so much dejected by any event in my
life. He expressed clearly, on this occasion, his disapprobation of the
legislature referring things to the Heads of departments.
Written March the 12th.
* * * * *
_Eodem die._ Ten o'clock, A. M. The preceding was about nine o'clock.
The President now sends Lear to me, to ask what answer he shall give
to the committee, and particularly, whether he shall add to it, that,
"in making the communication, it was not his expectation that the House
should give any answer." I told Mr. Lear that I thought the House had
a right, independently of legislation, to express sentiments on other
subjects. That when these subjects did not belong to any other branch
particularly, they would publish them by their own authority; that in
the present case, which respected a foreign nation, the President being
the organ of our nation with other nations, the House would satisfy
their duty, if, instead of a direct communication, they should pass
their sentiments through the President; that if expressing a sentiment
were really an invasion of the executive power, it was so faint a one,
that it would be difficult to demonstrate it to the public, and to a
public partial to the French revolution, and not disposed to consider
the approbation of it from any quarter as improper. That the Senate,
indeed, had given many indications of their wish to invade the executive
power: the Representatives had done it in one case, which was indeed
mischievous and alarming; that of giving orders to the Heads of the
executive departments, without consulting the President; but that the
late vote for directing the Secretary of the Treasury to report ways
and means, though carried, was carried by so small a majority, and
with the aid of members so notoriously under a local influence on that
question, as to give a hope that the practice would be arrested, and
the constitutional course be taken up, of asking the President to have
information laid before them. But that in the present instance, it was
so far from being clearly an invasion of the executive, and would be
so little approved by the general voice, that I could not advise the
President to express any dissatisfaction at the vote of the House; and
I gave Lear, in writing, what I thought should be his answers. See it.
* * * * *
March the 31st. A meeting at the President's; present, Thomas Jefferson,
Alexander Hamilton, Henry Knox and Edmond Randolph. The subject was
the resolution of the House of Representatives, of March the 27th, to
appoint a committee to inquire into the causes of the failure of the late
expedition under Major General St. Clair, with the power to call for
such persons, papers and records, as may be necessary to assist their
inquiries. The committee had written to Knox for the original letters,
instructions, &c. The President had called us to consult, merely because
it was the first example, and he wished that so far as it should become
a precedent, it should be rightly conducted. He neither acknowledged nor
denied, nor even doubted the propriety of what the House were doing,
for he had not thought upon it, nor was acquainted with subjects of
this kind: he could readily conceive there might be papers of so secret
a nature, as that they ought not to be given up. We were not prepared,
and wished time to think and inquire.
* * * * *
April the 2d. Met again at the President's, on the same subject. We
had all considered, and were of one mind, first, that the House was an
inquest, and therefore might institute inquiries. Second, that it might
call for papers generally. Third, that the executive ought to communicate
such papers as the public good would permit, and ought to refuse those,
the disclosure of which would injure the public: consequently were to
exercise a discretion. Fourth, that neither the committee nor House
had a right to call on the Head of a department, who and whose papers
were under the President alone; but that the committee should instruct
their chairman to move the House to address the President. We had
principally consulted the proceedings of the Commons in the case of Sir
Robert Walpole, 13 Chandler's Debates. For the first point, see pages
161, 170, 172, 183, 187, 207; for the second, pages 153, 173, 207; for
the third, 81, 173, appendix page 44; fourth, page 246. Note; Hamilton
agreed with us in all these points, except as to the power of the House
to call on Heads of departments. He observed, that as to his department,
the act constituting it had made it subject to Congress in some points,
but he thought himself not so far subject, as to be obliged to produce
all the papers they might call for. They might demand secrets of a very
mischievous nature. [Here I thought he began to fear they would go on to
examining how far their own members and other persons in the government
had been dabbling in stocks, banks, &c., and that he probably would
choose in this case to deny their power; and, in short, he endeavored to
place himself subject to the House, when the executive should propose
what he did not like, and subject to the executive, when the House
should propose anything disagreeable.] I observed here a difference
between the British parliament and our Congress; that the former was a
legislature, an inquest, and a council (S. C. page 91.) for the King.
The latter was, by the constitution, a legislature and an inquest, but
not a council. Finally agreed, to speak separately to the members of
the committee, and bring them by persuasion into the right channel. It
was agreed in this case, that there was not a paper which might not be
properly produced; that copies only should be sent, with an assurance,
that if they should desire it, a clerk should attend with the originals
to be verified by themselves. The committee were Fitzsimmons, Steele,
Mercer, Clarke, Sedgwick, Giles and Vining.
* * * * *
April the 9th, 1792. The President had wished to redeem our captives at
Algiers, and to make peace with them on paying an annual tribute. The
Senate were willing to approve this, but unwilling to have the lower House
applied to previously to furnish the money; they wished the President to
take the money from the treasury, or open a loan for it. They thought
that to consult the Representatives on one occasion, would give them a
handle always to claim it, and would let them into a participation of the
power of making treaties, which the constitution had given exclusively
to the President and Senate. They said too, that if the particular
sum was voted by the Representatives, it would not be a secret. The
President had no confidence in the secrecy of the Senate, and did not
choose to take money from the treasury or to borrow. But he agreed he
would enter into provisional treaties with the Algerines, not to be
binding on us till ratified here. I prepared questions for consultation
with the Senate, and added, that the Senate were to be apprized, that on
the return of the provisional treaty, and after they should advise the
ratification, he would not have the seal put to it till the two Houses
should vote the money. He asked me, if the treaty stipulating a sum and
ratified by him, with the advice of the Senate, would not be good under
the constitution, and obligatory on the Representatives to furnish the
money? I answered it certainly would, and that it would be the duty of
the Representatives to raise the money; but that they might decline to
do what was their duty, and I thought it might be incautious to commit
himself by a ratification with a foreign nation, where he might be left
in the lurch in the execution: it was possible too, to conceive a treaty,
which it would not be their duty to provide for. He said that he did
not like throwing too much into democratic hands, that if they would not
do what the constitution called on them to do, the government would be
at an end, and must _then assume another form_. He stopped here; and I
kept silence to see whether he would say anything more in the same line,
or add any qualifying expression to soften what he had said; but he did
neither.
I had observed, that wherever the agency of either, or both Houses would
be requisite subsequent to a treaty, to carry it into effect, it would be
prudent to consult them previously, if the occasion admitted. That thus
it was, we were in the habit of consulting the Senate previously, when
the occasion permitted, because their subsequent ratification would be
necessary. That there was the same reason for consulting the lower House
previously, where they were to be called on afterwards, and especially in
the case of money, as they held the purse strings, and would be jealous
of them. However, he desired me to strike out the intimation that the
seal would not be put till both Houses should have voted the money.
* * * * *
April the 6th. The President called on me before breakfast, and first
introduced some other matter, then fell on the representation bill,
which he had now in his possession for the tenth day I had before
given him my opinion in writing, that the method of apportionment was
contrary to the constitution. He agreed that it was contrary to the
common understanding of that instrument, and to what was understood at
the time by the makers of it; that yet it would bear the construction
which the bill put, and he observed that the vote for and against the
bill was perfectly geographical, a northern against a southern vote, and
he feared he should be thought to be taking side with a southern party.
I admitted the motive of delicacy, but that it should not induce him to
do wrong; urged the dangers to which the scramble for the fractionary
members would always lead. He here expressed his fear that there would,
ere long, be a separation of the Union; that the public mind seemed
dissatisfied and tending to this. He went home, sent for Randolph, the
Attorney General, desired him to get Mr. Madison immediately and come
to me, and if we three concurred in opinion that he should negative the
bill, he desired to hear nothing more about it, but that we would draw
the instrument for him to sign. They came. Our minds had been before
made up. We drew the instrument. Randolph carried it to him, and told
him we all concurred in it. He walked with him to the door, and as if
he still wished to get off, he said, "and you say you approve of this
yourself." "Yes Sir," says Randolph, "I do upon my honor." He sent it
to the House of Representatives instantly. A few of the hottest friends
of the bill expressed passion, but the majority were satisfied, and both
in and out of doors it gave pleasure to have, at length, an instance of
the negative being exercised.
Written this the 9th of April.
* * * * *
July the 10th, 1792. My letter of ---- to the President, directed to
him at Mount Vernon, had not found him there, but came to him here. He
told me of this, and that he would take an occasion of speaking with
me on the subject. He did so this day. He began by observing that he
had put it off from day to day because the subject was painful, to wit,
his remaining in office, which that letter solicited. He said that the
declaration he had made when he quitted his military command, of never
again entering into public life, was sincere. That, however, when he
was called on to come forward to set the present government in motion,
it appeared to him that circumstances were so changed as to justify a
change in his resolution: he was made to believe that in two years all
would be well in motion, and he might retire. At the end of two years
he found some things still to be done. At the end of the third year,
he thought it was not worth while to disturb the course of things, as
in one year more his office would expire, and he was decided then to
retire. Now he was told there would still be danger in it. Certainly,
if he thought so, he would conquer his longing for retirement. But he
feared it would be said his former professions of retirement had been
mere affectation, and that he was like other men, when once in office
he could not quit it. He was sensible, too, of a decay of his hearing,
perhaps his other faculties might fall off and he not be sensible of
it. That with respect to the existing causes of uneasiness, he thought
there were suspicions against a particular party, which had been
carried a great deal too far; there might be _desires_, but he did not
believe there were _designs_ to change the form of government into a
monarchy; that there might be a few who wished it in the higher walks
of life, particularly in the great cities, but that the main body of
the people in the eastern States were as steadily for republicanism as
in the southern. That the pieces lately published, and particularly in
Freneau's paper, seemed to have in view the exciting opposition to the
government. That this had taken place in Pennsylvania as to the excise
law, according to information he had received from General Hand. That
they tended to produce a separation of the Union, the most dreadful of
all calamities, and that whatever tended to produce anarchy, tended, of
course, to produce a resort to monarchical government. He considered
those papers as attacking him directly, for he must be a fool indeed
to swallow the little sugar plums here and there thrown out to him.
That in condemning the administration of the government, they condemned
him, for if they thought there were measures pursued contrary to his
sentiments, they must conceive him too careless to attend to them, or
too stupid to understand them. That though, indeed, he had signed many
acts which he did not approve in all their parts, yet he had never put
his name to one which he did not think, on the whole, was eligible. That
as to the bank, which had been an act of so much complaint, until there
was some infallible criterion of reason, a difference of opinion must
be tolerated. He did not believe the discontents extended far from the
seat of government. He had seen and spoken with many people in Maryland
and Virginia in his late journey. He found the people contented and
happy. He wished, however, to be better informed on this head. If the
discontents were more extensive than he supposed, it might be that the
desire that he should remain in the government was not general.
My observations to him tended principally to enforce the topics of my
letter. I will not, therefore, repeat them, except where they produced
observations from him. I said that the two great complaints were, that
the national debt was unnecessarily increased, and that it had furnished
the means of corrupting both branches of the legislature; that he must
know, and everybody knew, there was a considerable squadron in both,
whose votes were devoted to the paper and stock-jobbing interest, that
the names of a weighty number were known, and several others suspected
on good grounds. That on examining the votes of these men, they would
be found uniformly for every Treasury measure, and that as most of these
measures had been carried by small majorities, they were carried by these
very votes. That, therefore, it was a cause of just uneasiness, when we
saw a legislature legislating for their own interests, in opposition
to those of the people. He said not a word on the corruption of the
legislature, but took up the other point, defended the Assumption, and
argued that it had not increased the debt, for that all of it was honest
debt. He justified the excise law, as one of the best laws which could
be passed, as nobody would pay the tax who did not choose to do it.
With respect to the increase of the debt by the Assumption, I observed
to him that what was meant and objected to was, that it increased the
debt of the General Government, and carried it beyond the possibility of
payment. That if the balances had been settled, and the debtor States
directed to pay their deficiencies to the creditor States, they would
have done it easily, and by resources of taxation in their power, and
acceptable to the people; by a direct tax in the south, and an excise
in the north. Still, he said, it would be paid by the people. Finding
him decided, I avoided entering into argument with him on those points.
* * * * *
Sept. the 30th, 1792. The constitution as agreed to till a fortnight
before the Convention rose, was such a one as he would have set his hand
and heart to. 1st. The President was to be elected for seven years. Then
ineligible for seven years more. 2d. Rotation in the Senate. 3d. A vote
of two-thirds in the legislature on particular subjects, and expressly
on that of navigation. The three New England States were constantly with
us in all questions (Rhode Island not there, and New York seldom), so
that it was these three States, with the five southern ones, against
Pennsylvania, New Jersey, and Delaware.
With respect to the importation of slaves, it was left to Congress.
This disturbed the two southernmost States, who knew that Congress
would immediately suppress the importation of slaves. These two States,
therefore, struck up a bargain with the three New England States. If they
would join to admit slaves for some years, the southernmost States would
join in changing the clause which required two-thirds of the legislature
in any vote. It was done. These articles were changed accordingly, and
from that moment the two southernmost States, and the three northern ones,
joined Pennsylvania, New Jersey and Delaware, and made the majority eight
to three against us, instead of eight to three for us, as it had been
through the whole Convention. Under this coalition, the great principles
of the constitution were changed in the last days of the Convention.
Anecdote. Yates, Lawsing and Hamilton represented New York. Yates and
Lawsing never voted in one single instance with Hamilton, who was so
much mortified at it that he went home. When the season for courts came
on, Yates, a judge, and Lawsing, a lawyer, went to attend their courts.
Then Hamilton returned.
Anecdote. The constitution as agreed at first was, that amendments
might be proposed either by Congress or the legislatures. A committee
was appointed to digest and redraw. Governeur Morris and King were of
the committee. One morning Governeur Morris moved an instrument for
certain alterations (not one-half the members yet come in). In a hurry
and without understanding, it was agreed to. The committee reported so
that Congress should have the exclusive power of proposing amendments.
George Mason observed it on the report, and opposed it. King denied
the construction. Mason demonstrated it, and asked the committee by
what authority they had varied what had been agreed. Governeur Morris
then imprudently got up, and said, by authority of the Convention, and
produced the blind instruction before mentioned, which was unknown by
one-half of the House, and not till then understood by the other. They
then restored it, as it originally stood.
He said he considered Hamilton as having done us more injury than Great
Britain and all her fleets and armies. That his (Mason's) plan of settling
our debts would have been something in this way. He would have laid as
much tax as could be paid without oppressing the people;--particularly
he would have laid an impost of about the amount of the first, laid by
Congress, but somewhat different in several of its articles. He would
have suspended all application of it one year, during which an office
should have been open to register unalienated certificates. At the end of
the year he would have appropriated his revenue. 1st. To pay the civil
list. 2d. The interest of these certificates. 3d. Instalments of the
principal. 4th. A surplus to buy up the alienated certificates, still
avoiding to make any other provision for these last. By the time the
unalienated certificates should have been all paid, he supposed half the
alienated ones would have been bought up at market. He would then have
proceeded to redeem the residue of them.
* * * * *
Bladensburg, October the 1st, 1792. This morning, at Mount Vernon, I had
the following conversation with the President. He opened it by expressing
his regret at the resolution in which I appeared so fixed, in the letter I
had written him, of retiring from public affairs. He said, that he should
be extremely sorry that I should do it, as long as he was in office, and
that he could not see where he should find another character to fill my
office. That, as yet, he was quite undecided whether to retire in March
or not. His inclinations led him strongly to do it. Nobody disliked
more the ceremonies of his office, and he had not the least taste or
gratification in the execution of its functions. That he was happy at
home alone, and that his presence there was now peculiarly called for by
the situation of Major Washington, whom he thought irrecoverable, and
should he get well, he would remove into another part of the country,
which might better agree with him. That he did not believe his presence
necessary; that there were other characters who would do the business
as well or better. Still, however, if his aid was thought necessary to
save the cause to which he had devoted his life principally, he would
make the sacrifice of a longer continuance. That he therefore reserved
himself for future decision, as his declaration would be in time if made
a month before the day of election. He had desired Mr. Lear to find out
from conversation, without appearing to make the inquiry, whether any
other person would be desired by any body. He had informed him, he judged
from conversations that it was the universal desire he should continue,
and he believed that those who expressed a doubt of his continuance, did
it in the language of apprehension, and not of desire. But this, says
he, is only from the north; it may be very different in the south. I
thought this meant as an opening to me to say what was the sentiment in
the south, from which quarter I came. I told him, that as far as I knew,
there was but one voice there, which was for his continuance. That as
to myself, I had ever preferred the pursuits of private life to those
of public, which had nothing in them agreeable to me. I explained to
him the circumstances of the war which had first called me into public
life, and those following the war, which had called me from a retirement
on which I had determined. That I had constantly kept my eye on my own
home, and could no longer refrain from returning to it. As to himself,
his presence was important; that he was the only man in the United States
who possessed the confidence of the whole; that government was founded
in opinion and confidence, and that the longer he remained, the stronger
would become the habits of the people in submitting to the government,
and in thinking it a thing to be maintained; that there was no other
person who would be thought anything more than the head of a party. He
then expressed his concern at the difference which he found to subsist
between the Secretary of the Treasury and myself, of which he said he
had not been aware. He knew, indeed, that there was a marked difference
in our political sentiments, but he had never suspected it had gone so
far in producing a personal difference, and he wished he could be the
mediator to put an end to it. That he thought it important to preserve
the check of my opinions in the administration, in order to keep things
in their proper channel, and prevent them from going too far. That as
to the idea of transforming this government into a monarchy, he did not
believe there were ten men in the United States whose opinions were worth
attention, who entertained such a thought. I told him there were many
more than he imagined. I recalled to his memory a dispute at his own
table, a little before we left Philadelphia, between General Schuyler
on one side and Pinckney and myself on the other, wherein the former
maintained the position, that hereditary descent was as likely to produce
good magistrates as election. I told him, that though the people were
sound, there were a numerous sect who had monarchy in contemplation; that
the Secretary of the Treasury was one of these. That I had heard him say
that this constitution was a shilly shally thing, of mere milk and water,
which could not last, and was only good as a step to something better.
That when we reflected, that he had endeavored in the convention, to
make an English constitution of it, and when failing in that, we saw all
his measures tending to bring it to the same thing, it was natural for
us to be jealous; and particularly, when we saw that these measures had
established corruption in the legislature, where there was a squadron
devoted to the nod of the Treasury, doing whatever he had directed, and
ready to do what he should direct. That if the equilibrium of the three
great bodies, legislative, executive and judiciary, could be preserved,
if the legislature could be kept independent, I should never fear the
result of such a government; but that I could not but be uneasy, when I
saw that the executive had swallowed up the legislative branch. He said,
that as to that interested spirit in the legislature, it was what could
not be avoided in any government, unless we were to exclude particular
descriptions of men, such as the holders of the funds, from all office.
I told him, there was great difference between the little accidental
schemes of self-interest, which would take place in every body of men,
and influence their votes, and a regular system for forming a corps of
interested persons, who should be steadily at the orders of the Treasury.
He touched on the merits of the funding system, observed there was a
difference of opinion about it, some thinking it very bad, others very
good; that experience was the only criterion of right which he knew, and
this alone would decide which opinion was right. That for himself, he had
seen our affairs desperate and our credit lost, and that this was in a
sudden and extraordinary degree raised to the highest pitch. I told him,
all that was ever necessary to establish our credit, was an efficient
government and an honest one, declaring it would sacredly pay our debts,
laying taxes for this purpose, and applying them to it. I avoided going
further into the subject. He finished by another exhortation to me not to
decide too positively on retirement, and here we were called to breakfast.
* * * * *
October the 31st, 1792. I had sent to the President, Viar and Jaudenes's
letter of the 29th instant, whereupon he desired a consultation of
Hamilton, Knox, E. Randolph, and myself, on these points: 1. What notice
was to be taken hereof to Spain? 2. Whether it should make part of the
communication to the legislature? I delivered my opinion, that it ought
to be communicated to both Houses, because the communications intended to
be made, being to bring on the question, whether they would declare war
against any, and which of the nations or parts of the nations of Indians
to the south, it would be proper this information should be before them,
that they might know how far such a declaration would lead them. There
might be some who would be for war against the Indians, if it were to
stop there, but who would not be for it, if it were to lead to a war
against Spain. I thought it should be laid before both Houses, because it
concerned the question of declaring war, which was the function equally
of both Houses. I thought a simple acknowledgment of the receipt of the
letter should be made by me to the Spanish Chargés, expressing that it
contained some things very unexpected to us, but that we should refer
the whole, as they had proposed, to the negotiators at Madrid. This would
secure to us a continuation of the suspension of Indian hostilities, which
the Governor of New Orleans said he had brought about till the result
of the negotiation at Madrid should be known; would not commit us as to
running or not running the line, or imply any admission of doubt about
our territorial right; and would avoid a rupture with Spain, which was
much to be desired, while we had similar points to discuss with Great
Britain.
Hamilton declared himself the advocate for peace. War would derange
our affairs greatly; throw us back many years in the march towards
prosperity; be difficult for us to pursue, our countrymen not being
disposed to become soldiers; a part of the Union feeling no interest in
the war, would with difficulty be brought to exert itself; and we had
no navy. Ho was for everything which would procrastinate the event. A
year, even, was a great gain to a nation strengthening as we were. It
laid open to us, too, the chapter of accidents, which, in the present
state of Europe, was a very pregnant one. That while, however, he was
for delaying the event of war, he had no doubt it was to take place
between us for the object in question; that jealousy and perseverance
were remarkable features in the character of the Spanish government,
with respect to their American possessions; that so far from receding
as to their claims against us, they had been strengthening themselves
in them. He had no doubt the present communication was by authority
from the court. Under this impression, he thought we should be looking
forward to the day of rupture, and preparing for it. That if we were
unequal to the contest ourselves, it behoved us to provide allies for
our aid. That in this view, but two nations could be named, France and
England. France was too intimately connected with Spain in other points,
and of too great mutual value, ever to separate for us. Her affairs too,
were such, that whatever issue they had, she could not be in a situation
to make a respectable mediation for us. England alone, then, remained.
It would not be easy to affect it with her; however, he was for trying
it, and for sounding them on the proposition of a defensive treaty of
alliance. The inducements to such a treaty, on their part, might be,
1. The desire of breaking up our former connections, which we knew they
had long wished. 2. A continuance of the _statu quo_ in commerce for ten
years, which he believed would be desirable to them. 3. An admission to
some navigable part of the Mississippi, by some line drawn from the Lake
of the Woods to such navigable part. He had not, he said, examined the
map to see how such a line might be run, so as not to make too great a
sacrifice. The navigation of the Mississippi being a joint possession,
we might then take measures in concert for the joint security of it. He
was, therefore, for immediately sounding them on this subject through
our ministers at London; yet so as to keep ourselves unengaged as long
as possible, in hopes a favorable issue with Spain might be otherwise
effected. But he was for sounding immediately, and for not letting slip
an opportunity of securing our object.
E. Randolph concurred, in general, with me. He objected that such an
alliance could not be effected without pecuniary consideration probably,
which we could not give. And what was to be their aid? If men, our
citizens would see their armies get foothold in the United States, with
great jealousy; it would be difficult to protect them. Even the French,
during the distress of the late war, excited some jealous sentiments.
Hamilton said, money was often, but not always demanded, and the aid he
should propose to stipulate would be in ships. Knox _non dissentiente_.
The President said the remedy would be worse than the disease, and stated
some of the disagreeable circumstances which would attend our making
such overtures.
* * * * *
November, 1792. Hamilton called on me to speak about our furnishing
supplies to the French colony of St. Domingo. He expressed his opinion,
that we ought to be cautious, and not go too far in our application
of money to their use, lest it should not be recognized by the mother
country. He did not even think that some kinds of government they might
establish could give a sufficient sanction.[9] I observed, that the
National Convention was now met, and would certainly establish a form
of government; that as we had recognized the former government because
established by authority of the _nation_, so we must recognize any other
which should be established by the authority of the nation. He said we
had recognized the former, because it contained an important member of
the ancient, to wit: the King, and wore the appearance of his consent;
but if, in any future form, they should omit the King, he did not know
that we could with safety recognize it, or pay money to its order.
* * * * *
November the 19th, 1792. Beckley brings me the pamphlet written by
Hamilton, before the war, in answer to Common Sense. It is entitled
"Plain Truth." Melancthon Smith sends it to Beckley, and in his letter
says, it was not printed in New York by Loudon, because prevented by a
mob, and was printed in Philadelphia, and that he has these facts from
Loudon.
* * * * *
November the 21st, 1792. Mr. Butler tells me, that he dined last winter
with Mr. Campbell from Denmark, in company with Hamilton, Lawrence, Dr.
Shippen, T. Shippen, and one other person whom he cannot recollect. That
after dinner political principles became the subject of conversation;
that Hamilton declared openly, that "there was no stability, no security
in any kind of government but a monarchy." That Lawrence took him up,
and entered the lists of argument against him; that the dispute continued
long, and grew warm, remarkably so as between them; that T. Shippen, at
length, joined Lawrence in it; and in fine, that it broke up the company.
Butler recommended to the company, that the dispute having probably gone
farther than was intended, it ought to be considered as confined to the
company.
* * * * *
December the 10th, 1792. Present: Alexander Hamilton, General Knox,
Edmund Randolph, and Th: Jefferson, at the President's.
It was agreed to reject meeting the Indians at the proposed treaty, rather
than to admit a _mediation_ by Great Britain; but to admit the presence
of Governor Simcoe, not as a _party_ (if that was insisted on); and that
I should make a verbal communication to Mr. Hammond, in substance, as
on the back hereof, which I previously read to the President.
* * * * *
December the 12th. I made the communication to Mr. Hammond. He said the
attendance of Governor Simcoe was a circumstance only mentioned by him,
but not desired; that he would decline it without difficulty; declared
it to be their most ardent wish that peace should take place, for their
fur-trade was entirely interrupted; and he urged as decisive proof of
the sincerity of their wish,--1st. That they had kept the late Indian
council together six weeks at a very great expense, waiting for the Six
Nations. 2d. That the Indians at that council were so perfectly satisfied
of their desire that they should make peace, that they had not so much
as mentioned in council the applying to the British for any supplies.
I immediately communicated this to the President.
* * * * *
December the 13th, 1792. The President called on me to see the model
and drawings of some mills for sawing stone. After showing them, he
in the course of a subsequent conversation asked me if there were not
some good manufactories of porcelain in Germany; that he was in want
of table china, and had been speaking to Mr. Shaw, who was going to the
East Indies to bring him a set, but he found that it would not come till
_he should no longer be in a situation to want it_. He took occasion a
second time to observe that Shaw said it would be two years at least,
before he could have the china here, before which time he said he should
be where he should not need it. I think he asked the question about
the manufactories in Germany merely to have an indirect opportunity of
telling me he meant to retire, and within the limits of two years.
* * * * *
December the 17th. Hammond says the person is here to whom the Six Nations
delivered the invitation for Simcoe to attend, who says they insisted on
it, and would consider his non-attendance as an evidence that he does
not wish for peace; but he says that Simcoe has not the least idea of
attending; that this gentleman says we may procure in Upper Canada any
quantity of provisions, which the people will salt up express during
winter; and that he will return and carry our request whenever we are
ready.
* * * * *
Thursday, December the 27th, 1792. I waited on the President on some
current business. After this was over, he observed to me, that he thought
it was time to endeavor to effect a stricter connection with France,
and that Gouverneur Morris should be written to on this subject. He
went into the circumstances of dissatisfaction between Spain and Great
Britain, and us, and observed, there was no nation on whom we could rely,
at all times, but France; and that, if we did not prepare in time some
support, in the event of rupture with Spain and England, we might be
charged with a criminal negligence. [I was much pleased with the tone
of these observations. It was the very doctrine which had been my polar
star, and I did not need the successes of the republican arms in France,
lately announced to us, to bring me to these sentiments. For it is to be
noted, that on Saturday last (the 22d) I received Mr. Short's letters of
October the 9th and 12th, with the Leyden gazettes to October the 13th,
giving us the first news of the retreat of the Duke of Brunswick, and the
capture of Spires and Worms by Custine, and that of Nice by Anselme.]
I therefore expressed to the President my cordial approbation of these
ideas; told him I had meant on that day (as an opportunity of writing
by the British packet would occur immediately) to take his orders for
removing the suspension of payments to France, which had been imposed by
my last letter to Gouverneur Morris, but was meant, as I supposed, only
for the interval between the abolition of the late constitution by the
dethronement of the King, and the meeting of some other body, invested
by the will of the nation with powers to transact their affairs; that
I considered the National Convention, then assembled, as such a body;
and that, therefore, we ought to go on with the payments to them, or
to any government they should establish; that, however, I had learned
last night, that some clause in the bill for providing reimbursement
of the loan made by the bank to the United States, had given rise to
a question before the House of Representatives yesterday, which might
affect these payments; a clause in that bill proposing, that the money
formerly borrowed in Amsterdam, to pay the French debt, and appropriated
by law (1690, August 4th, c. 34, s. 2) to that purpose, lying dead as
was suggested, should be taken to pay the bank, and the President be
authorized to borrow two millions of dollars more, out of which it should
be replaced; and if this should be done, the removal of our suspension
of payments, as I had been about to propose, would be premature. He
expressed his disapprobation of the clause above mentioned; thought it
highly improper in the Legislature to change an appropriation once made,
and added, that no one could tell in what that would end. I concurred,
but observed, that on a division of the House, the ayes for striking out
the clause were twenty-seven, the noes twenty-six; whereon the Speaker
gave his vote against striking out, which divides the House: the clause
for the disappropriation remained of course. I mentioned suspicions, that
the whole of this was a trick to serve the bank under a great existing
embarrassment; that the debt to the bank was to be repaid by instalments;
that the first instalment was of two hundred thousand dollars only, or
rather one hundred and sixty thousand dollars, (because forty thousand
of the two hundred thousand dollars would be the United States' own
dividend of the instalment.) Yet here were two millions to be paid them
at once, and to be taken from a purpose of gratitude and honor, to which
it had been appropriated.
* * * * *
December the 30th, 1792. I took the occasion furnished by Pinckney's
letter of September the 19th, asking instructions how to conduct himself
as to the French revolution, to lay down the catholic principal of
republicanism, to wit, that every people may establish what form of
government they please, and change it as they please; the will of the
nation being the only thing essential. I was induced to do this, in order
to extract the President's opinion on the question which divided Hamilton
and myself in the conversation of November, 1792, and the previous one
of the first week of November, on the suspension of payments to France;
and if favorable to mine, to place the principles of record in the
letter books of my office. I therefore wrote the letter of December the
30th, to Pinckney, and sent it to the President, and he returned me his
approbation in writing, in his note of the same date, which see.
* * * * *
February the 7th, 1793. I waited on the President with letters and
papers from Lisbon. After going through these, I told him that I had
for some time suspended speaking with him on the subject of my going out
of office, because I had understood that the bill for intercourse with
foreign nations was likely to be rejected by the Senate, in which case,
the remaining business of the department would be too inconsiderable to
make it worth while to keep it up. But that the bill being now passed,
I was freed from the considerations of propriety which had embarrassed
me. That &c. [nearly in the words of a letter to Mr. T. M. Randolph,
of a few days ago,] and that I should be willing, if he had taken no
arrangements to the contrary, to continue somewhat longer, how long I
could not say, perhaps till summer, perhaps autumn. He said, so far from
taking arrangements on the subject, he had never mentioned to any mortal
the design of retiring which I had expressed to him, till yesterday,
when having heard that I had given up my house, and that it was rented by
another, he thereupon mentioned it to Mr. E. Randolph, and asked him, as
he knew my retirement had been talked of, whether he had heard any persons
suggested in conversation to succeed me. He expressed his satisfaction
at my change of purpose, and his apprehensions that my retirement would
be a new source of uneasiness to the public. He said Governor Lee had
that day informed him of the general discontent prevailing in Virginia,
of which he never had had any conception, much less sound information.
That it appeared to him very alarming. He proceeded to express his
earnest wish that Hamilton and myself could coalesce in the measures
of the government, and urged here the general reasons for it which he
had done to me in two former conversations. He said he had proposed the
same thing to Hamilton, who expressed his readiness, and he thought
our coalition would secure the general acquiescence of the public. I
told him my concurrence was of much less importance than he seemed to
imagine; that I kept myself aloof from all cabal and correspondence
on the subject of the government, and saw and spoke with as few as I
could. That as to a coalition with Mr. Hamilton, if by that was meant
that either was to sacrifice his general system to the other, it was
impossible. We had both, no doubt, formed our conclusions after the
most mature consideration; and principles conscientiously adopted,
could not be given up on either side. My wish was, to see both Houses
of Congress cleansed of all persons interested in the bank or public
stocks; and that a pure legislature being given us, I should always be
ready to acquiesce under their determinations, even if contrary to my
own opinions; for that I subscribe to the principle, that the will of
the majority, honestly expressed, should give law. I confirmed him in
the fact of the great discontents to the south; that they were grounded
on seeing that their judgments and interests were sacrificed to those
of the eastern States on every occasion, and their belief that it was
the effect of a corrupt squadron of voters in Congress, at the command
of the Treasury; and they see that if the votes of those members who
had any interest distinct from, and contrary to the general interest of
their constituents, had been withdrawn, as in decency and honesty they
should have been, the laws would have been the reverse of what they are
on all the great questions. I instanced the new Assumption carried in
the House of Representatives by the Speaker's vote. On this subject he
made no reply. He explained his remaining in office to have been the
effect of strong solicitations after he returned here; declaring that
he had never mentioned his purpose of going out but to the Heads of
departments and Mr. Madison; he expressed the extreme wretchedness of
his existence while in office, and went lengthily into the late attacks
on him for levees &c., and explained to me how he had been led into them
by the persons he consulted at New York; and that if he could but know
what the sense of the public was, he would most cheerfully conform to it.
* * * * *
February the 16th, 1793. E. Randolph tells J. Madison and myself, a
curious fact which he had from Lear. When the President went to New
York, he resisted for three weeks the efforts to introduce levees. At
length he yielded, and left it to Humphreys and some others to settle
the forms. Accordingly, an ante-chamber and presence room were provided,
and when those who were to pay their court were assembled, the President
set out, preceded by Humphreys. After passing through the anti-chamber,
the door of the inner room was thrown open, and Humphreys entered first,
calling out with a loud voice, "the President of the United States." The
President was so much disconcerted with it, that he did not recover from
it the whole time of the levee, and when the company was gone, he said
to Humphreys, "Well, you have taken me in once, but by God you shall
never take me in a second time."
* * * * *
There is reason to believe that the rejection of the late additional
Assumption by the Senate, was effected by the President through Lear,
operating on Langdon. Beckley knows this.
* * * * *
February the 20th, 1793. Colonel W. S. Smith called on me to communicate
intelligence from France. He had left Paris November the 9th. He says the
French ministers are entirely broken with Gouverneur Morris; shut their
doors to him, and will never receive another communication from him. They
wished Smith to be the bearer of a message from the President, to this
effect, but he declined; and they said in that case they would press it
through their own minister here. He says they are sending Genet here
with full powers to give us all the privileges we can desire in their
countries, and particularly in the West Indies; that they even contemplate
to set them free the next summer; that they propose to emancipate South
America, and will send forty-five ships of the line there next spring,
and Miranda at the head of the expedition; that they desire our debt to
be paid them in provisions, and have authorized him to negotiate this.
In confirmation of this, he delivers a letter to the President from Le
Brun, minister for foreign affairs, in which Le Brun says that Colonel
Smith will communicate plans worthy of his (the President's) great mind,
and he shall be happy to receive his opinion as to the means the most
suitable to effect it.
I had, five or six days ago, received from Ternant, extracts from the
lives of his ministers, complaining of both Gouverneur Morris and Mr.
Short. I sent them this day to the President with an extract from a
private letter of Mr. Short, justifying himself, and I called this evening
on the President. He said he considered the extracts from Ternant very
serious--in short, as decisive; that he saw that Gouverneur Morris could
be no longer continued there consistent with the public good; that the
moment was critical in our favor, and ought not to be lost; that he
was extremely at a loss what arrangement to make. I asked him whether
Gouverneur Morris and Pinckney might not change places. He said that
would be a sort of remedy, but not a radical one. That if the French
ministry conceived Gouverneur Morris to be hostile to them; if they
would be jealous merely on his proposing to visit London, they would
never be satisfied with us at placing him at London permanently. He then
observed, that though I had unfixed the day on which I had intended to
resign, yet I appeared fixed in doing it at no great distance of time;
that in this case, he could not but wish that I would go to Paris; that
the moment was important: I possessed the confidence of both sides, and
might do great good; that he wished I could do it, were it only to stay
there a year or two. I told him that my mind was so bent on retirement
that I could not think of launching forth again in a new business; that
I could never again cross the Atlantic; and that as to the opportunity
of doing good, this was likely to be the scene of action, as Genet was
bringing powers to do the business here; but that I could not think of
going abroad. He replied that I had pressed him to continue in the public
service, and refused to do the same myself. I said the case was very
different; he united the confidence of all America, and was the only
person who did so: his services therefore were of the last importance;
but for myself, my going out would not be noted or known. A thousand
others could supply my place to equal advantage, therefore I felt myself
free; and that as to the mission to France, I thought perfectly proper.
He desired me then to consider maturely what arrangement should be made.
Smith, in speaking of Morris, said, that at his own table, in presence
of his company and servants, he cursed the French ministers, as a set of
damned rascals; said the king would still be replaced upon his throne.
He said he knew they had written to have him recalled, and expected to be
recalled. He consulted Smith to know whether he would bring his furniture
here duty free. Smith has mentioned the situation of Gouverneur Morris
freely to others here. Smith said also that the ministers told him they
meant to begin their attack at the mouth of the Mississippi, and to
sweep along the Bay of Mexico southwardly, and that they would have no
objection to our incorporating into our government the two Floridas.
* * * * *
February the 25th, 1793. The President desires the opinions of the heads
of the three departments, and of the Attorney-General, on the following
question, to wit: Mr. Ternant having applied for money equivalent to three
millions of livres, to be furnished on account of our debt to France at
the request of the executive of that country, which sum is to be laid
out in provisions within the United States, to be sent to France. Shall
the money be furnished?
The Secretary of the Treasury stated it as his opinion, that making
a liberal allowance for the depreciation of assignats, (no rule of
liquidation having been yet fixed,) a sum of about three hundred and
eighteen thousand dollars may not exceed the arrearages equitably due
to France to the end of 1792, and that the whole sum asked for may be
furnished within periods capable of answering the purpose of Mr. Ternant's
application, without a derangement of the Treasury.
Whereupon the Secretaries of State and War, and the Attorney General,
are of opinion that the whole sum asked for by Mr. Ternant ought to be
furnished: the Secretary of the Treasury is of opinion that the supply
ought not exceed the above-mentioned sum of three hundred and eighteen
thousand dollars.
The President having required the attendance of the heads of the three
departments, and of the Attorney General, at his house, on Monday the
25th of February, 1793, the following questions were proposed, and
answers given:
1. The Governor of Canada having refused to let us obtain provisions
from that province, or to pass them along the water communication to the
place of treaty with the Indians; and the Indians having refused to let
them pass peaceably along what they call the bloody path, the Governor
of Canada at the same time proposing to furnish the whole provisions
necessary, ought the treaty to proceed? Answer unanimously, it ought to
proceed.
2. Have the Executive, or the Executive and Senate together, authority
to relinquish to the Indians the right of soil of any part of the land
north of the Ohio, which has been validly obtained by former treaties?
The Secretary of the Treasury, the Secretary at War, and Attorney
General, are of opinion that the Executive and Senate have such authority,
provided that no grants to individuals, nor reservations to States, be
thereby infringed. The Secretary of State is of opinion they have no
such authority to relinquish.
3. Will it be expedient to make any such relinquishments to the Indians,
if essential to peace?
The Secretaries of the Treasury and War, and the Attorney General, are of
opinion it will be expedient to make such relinquishments if essential to
peace, provided it do not include any lands sold or received for special
purposes (the reservations for trading places excepted). The Secretary
of State is of opinion that the Executive and Senate have authority to
stipulate with the Indians, and that if essential to peace, it will be
expedient to stipulate that we will not settle any lands between those
already sold, or reserved for special purposes, and the lines heretofore
validly established with the Indians.
Whether the Senate shall be previously consulted on this point. The
opinion unanimously is, that it will be better not to consult them
previously.
* * * * *
February the 26th, 1793. Notes on the proceedings of yesterday. [See
the formal opinions given to the President in writing, and signed.]
First question. We are all of opinion that the treaty should proceed
merely to gratify the public opinion, and not from an expectation of
success. I expressed myself strongly, that the event was so unpromising,
that I thought the preparations for a campaign should go on without the
least relaxation, and that a day should be fixed with the commissioners
for the treaty, beyond which they should not permit the treaty to be
protracted, by which day orders should be given for our forces to enter
into action. The President took up the thing instantly, after I had said
this, and declared that he was so much in the opinion that the treaty
would end in nothing, that he then, in the presence of us all, gave
orders to General Knox, not to slacken the preparations for the campaign
in the least, but to exert every nerve in preparing for it. Knox said
something about the ultimate day for continuing the negotiations. I
acknowledged myself not a judge on what day the campaign should begin,
but that whatever it was, that day should terminate the treaty. Knox said
he thought a winter campaign was always the most efficacious against the
Indians. I was of opinion, since Great Britain insisted on furnishing
provisions, that we should offer to repay. Hamilton thought we should not.
Second question. I considered our right of pre-emption of the Indian
lands, not as amounting to any dominion, or jurisdiction, or paramountship
whatever, but merely in the nature of a remainder after the extinguishment
of a present right, which gave us no present right whatever, but of
preventing other nations from taking possession, and so defeating our
expectancy; that the Indians had the full, undivided and independent
sovereignty as long as they choose to keep it, and that this might be
forever; that as fast as we extend our rights by purchase from them, so
fast we extend the limits of our society, and as soon as a new portion
became encircled within our line, it became a fixed limit of our society;
that the executive, with either or both branches of the legislature,
could not alien any part of our territory; that by the law of nations
it was settled, that the unity and indivisibility of the society was
so fundamental, that it could not be dismembered by the constituted
authorities, except, 1, where _all power_ was delegated to them (as
in the case of despotic governments), or, 2, where it was expressly
delegated; that neither of these delegations had been made to our General
Government, and therefore, that it had no right to dismember or alienate
any portion of territory once ultimately consolidated with us; and that
we could no more cede to the Indians than to the English or Spaniards,
as it might, according to acknowledged principles, remain as irrevocably
and eternally with the one as the other. But I thought, that as we had
a right to sell and settle lands once comprehended within our lines, so
we might forbear to exercise that right, retaining the property till
circumstances should be more favorable to the settlement, and this I
agreed to do in the present instance, if necessary for peace.
Hamilton agreed to the doctrine of the law of nations, as laid down
in Europe, but that it was founded on the universality of settlement
there; consequently, that no lopping off of territory could be made
without a lopping off of citizens, which required their consent; but
that the law of nations for us must be adapted to the circumstance of
our unsettled country, which he conceived the President and Senate may
cede; that the power of treaty was given to them by the Constitution,
without restraining it to particular objects; consequently, that it
was given in as plenipotentiary a form as held by any sovereign in any
other society. Randolph was of opinion there was a difference between
a cession to Indians and to any others, because it only restored the
ceded part to the condition in which it was before we bought it, and
consequently, that we might buy it again hereafter; therefore, he thought
the executive and Senate could cede it. Knox joined in the main opinion.
The President discovered no opinion, but he made some efforts to get us
to join in some terms which could unite us all, and he seemed to direct
those efforts more towards me; but the thing could not be done.
Third question. We agreed in idea as to the line to be drawn, to wit,
so as to retain all lands appropriated, or granted, or reserved.
Fourth question. We all thought if the Senate should be consulted, and
consequently apprized of our line, it would become known to Hammond,
and we should lose all chance of saving anything more at the treaty than
our ultimatum.
The President, at this meeting, mentioned the declaration of some person,
in a paper of Fenno, that he would commence an attack on the character
of Dr. Franklin. He said the theme was to him excessively disagreeable on
other considerations, but most particularly so, as the party seemed to do
it as a means of defending him (the President) against the late attacks
on him; that such a mode of defence would be peculiarly painful to him,
and he wished it could be stopped. Hamilton and Randolph undertook to
speak to Fenno to suppress it, without mentioning it as the President's
wish. Both observed that they had heard this declaration mentioned in
many companies, and that it had excited universal horror and detestation.
The paper in Fenno must lie between two persons, viz., Adams and Izard,
because they are the only persons who could know such facts as are there
promised to be unfolded. Adams is an enemy to both characters, and might
choose this ground as an effectual position to injure both. Izard hated
Franklin with unparalleled bitterness, but humbly adores the President,
because he is in _loco regis_. If the paper proceeds, we shall easily
discover which of these two gentlemen is the champion. In the meantime,
the first paper leads our suspicions more towards Izard than Adams, from
the circumstance of style, and because he is quite booby enough not to
see the injury he would do to the President by such a mode of defence.
* * * * *
February the 28th. Knox, E. Randolph and myself met at Knox's, where
Hamilton was also to have met, to consider the time, manner and place of
the President's swearing in. Hamilton had been there before, and had left
his opinion with Knox, to wit, that the President should ask a judge to
attend him in his own house to administer the oath, in the presence of
the Heads of departments, which oath should be deposited in the Secretary
of State's office. I concurred in this opinion. Randolph was for the
President's going to the Senate's chamber to take the oath, attended by
the marshal of the United States, who should then make proclamation, &c.
Knox was for this, and for adding the House of Representatives to the
presence, as they would not yet be departed. Our individual opinions were
written, to be communicated to the President, out of which he might form
one. In the course of our conversation, Knox, stickling for parade, got
into great warmth, and swore that our government must either be entirely
new modeled, or it would be knocked to pieces in less than ten years;
and that as it is at present, he would not give a copper for it; that
it is the President's character, and not the written constitution, which
keeps it together.
Same day. Conversation with Lear. He expressed the strongest confidence
that republicanism was the universal creed of America, except of a very
few; that a republican administration must of necessity immediately
overbear the contrary faction; said that he had seen with extreme regret
that a number of gentlemen had for a long time been endeavoring to instil
into the President, that the noise against the administration of the
government was that of a little faction, which would soon be silent, and
which was detested by the people, who were contented and prosperous;
that this very party, however, began to see their error, and that the
sense of America was bursting forth to their conviction.
* * * * *
March the 2d, 1793. See in the papers of this date, Mr. Giles's
resolutions. He and one or two others were sanguine enough to believe
that the palpableness of these resolutions rendered it impossible the
House could reject them. Those who knew the composition of the House, 1,
of bank directors; 2 holders of bank stock; 3, stock jobbers; 4, blind
devotees; 5, ignorant persons who did not comprehend them; 6, lazy and
good-humored persons, who comprehended and acknowledged them, yet were
too lazy to examine, or unwilling to pronounce censure; the persons who
knew these characters, foresaw that the three first descriptions making
one-third of the House, the three latter would make one-half of the
residue; and, of course, that they would be rejected by a majority of
two to one. But they thought that even this rejection would do good, by
showing the public the desperate and abandoned dispositions with which
their affairs were conducted. The resolutions were proposed, and nothing
spared to present them in the fulness of demonstration. There were not
more than three or four who voted otherwise than had been expected.
* * * * *
March the 30th, 1793. At our meeting at the President's, February the
25th, in discussing the question, whether we should furnish to France the
three millions of livres desired, Hamilton, in speaking on the subject,
used this expression, "When Mr. Genet arrives, whether we shall receive
him or not, will then be a question for discussion," which expression I
did not recollect till E. Randolph reminded me of it a few days after.
Therefore, on the 20th instant, as the President was shortly to set out
for Mount Vernon, I observed to him, that as Genet might arrive in his
absence, I wished to know beforehand how I should treat him, whether
as a person who would or would not be received? He said he could see no
ground of doubt but that he ought to be received. On the 24th he asked
E. Randolph's opinion on the subject, saying he had consulted Colonel
Hamilton thereon, who went into lengthy considerations of doubt and
difficulty, and viewing it as a very unfortunate thing that the President
should have the decision of so critical a point forced on him; but, in
conclusion, said, since he was brought into that situation, he did not
see but that he must receive Mr. Genet. Randolph told the President he
was clear he should be received, and the President said he had never
had any doubt on the subject in his mind. Afterwards, on the same day,
he spoke to me again on it, and said Mr. Genet should unquestionably be
received; but he thought not with too much warmth or cordiality, so only
as to be satisfactory to him. I wondered at first at this restriction;
but when Randolph afterwards communicated to me his conversation of
the 24th, I became satisfied it was a small sacrifice to the opinion of
Hamilton.
* * * * *
March the 31st. Mr. Beckley tells me, that the merchants' bonds for
duties on six months' credit became due the 1st instant to a very great
amount, that Hamilton went to the bank on that day, and directed the bank
to discount for those merchants all their bonds at thirty days, and that
he would have the collectors credited for the money at the treasury.
Hence, the treasury lumping its receipts by the month in its printed
accounts, these sums will be considered by the public as only received
on the last day; consequently, the bank makes the month's interest out
of it. Beckley had this from a merchant who had a bond discounted, and
supposes a million of dollars were discounted at the bank here. Mr.
Brown got the same information from another merchant, who supposed only
six hundred thousand dollars discounted here. But they suppose the same
orders went to all the branch banks to a great amount.
_Eodem die._ Mr. Brown tells me he has it from a merchant, that during
the last winter the directors of the bank ordered the freest discounts.
Every man could obtain it. Money being so flush, the six per cents run
up to twenty-one and twenty-two shillings. Then the directors sold out
their private stocks. When the discounted notes were becoming due, they
stopped discounts, and not a dollar was to be had. This reduced six per
cents to eighteen shillings and three pence; then the same directors
bought in again.
* * * * *
April the 7th, 1793. Mr. Lear called on me, and introduced of himself
a conversation on the affairs of the United States. He laughed at the
cry of prosperity, and the deriving it from the establishment of the
treasury: he said, that so far from giving into this opinion, and that
we were paying off our national debt, he was clear the debt was growing
on us; that he had lately expressed this opinion to the President, who
appeared much astonished at it. I told him I had given the same hint
to the President last summer, and lately again had suggested, that we
were even depending for the daily subsistence of government on borrowed
money. He said, that was certain, and was the only way of accounting for
what was become of the money drawn over from Holland to this country.
He regretted that the President was not in the way of hearing full
information, declared he communicated to him everything he could learn
himself; that the men who vaunted the present government so much on
some occasions, were the very men who at other times declared it was a
poor thing, and such a one as could not stand, and he was sensible they
only esteemed it as a stepping stone to something else, and had availed
themselves of the first moments of the enthusiasm in favor of it, to
pervert its principles and make of it what they wanted; and that though
they raised the cry of anti-federalism against those who censured the
mode of administration, yet he was satisfied, whenever it should come to
be tried, that the very men whom they called anti-federalists, were the
men who would save the government, and he looked to the next Congress
for much rectification.
* * * * *
April the 18th. The President sends a set of questions to be considered,
and calls a meeting. Though those sent me were in his own hand writing,
yet it was palpable from the style, their ingenious tissue and suite,
that they were not the President's, that they were raised upon a prepared
chain of argument, in short, that the language was Hamilton's, and the
doubts his alone. They led to a declaration of the executive, that our
treaty with France is void. E. Randolph, the next day, told me that the
day before the date of these questions, Hamilton went with him through
the whole chain of reasoning of which these questions are the skeleton,
and that he recognized them the moment he saw them.
We met. The first question, whether we should receive the French
minister, Genet, was proposed, and we agreed unanimously that he should
be received; Hamilton, at the same time, expressing his great regret
that any incident had happened, which should oblige us to recognize
the government. The next question was, whether he should be received
absolutely, or with qualifications. Here Hamilton took up the whole
subject, and went through it in the order in which the questions sketch
it. See the chain of his reasoning in my opinions of April the 28th.
Knox subscribed at once to Hamilton's opinion that we ought to declare
the treaty void, acknowledging, at the same time, like a fool as he is,
that he knew nothing about it. I was clear it remained valid. Randolph
declared himself of the same opinion, but on Hamilton's undertaking to
present to him the authority in Vattel (which we had not present) and
to prove to him, that if the authority was admitted, the treaty might be
declared void, Randolph agreed to take further time to consider. It was
adjourned. We determined, unanimously, the last question, that Congress
should not be called. There having been an intimation by Randolph, that
in so great a question he should choose to give a written opinion, and
this being approved by the President, I gave in mine April the 28th.
Hamilton gave in his. I believe Knox's was never thought worth offering
or asking for. Randolph gave his May the 6th, concurring with mine.
The President told me, the same day, he had never had a doubt about the
validity of the treaty; but that since a question had been suggested,
he thought it ought to be considered; that this being done, I might
now issue passports to sea vessels in the form prescribed by the French
treaty. I had for a week past only issued the Dutch form; to have issued
the French, would have been presupposing the treaty to be in existence.
The President suggested, that he thought it would be as well that nothing
should be said of such a question having been under consideration.
Written May the 6th.
* * * * *
May the 6th, 1793. When the question was, whether the proclamation of
April the 22d should be issued, Randolph observed, that there should
be a letter written by me to the ministers of the belligerent powers,
to declare that it should not be taken as conclusive evidence against
our citizens in foreign courts of admiralty, for contraband goods. Knox
suddenly adopted the opinion, before Hamilton delivered his. Hamilton
opposed it pretty strongly. I thought it an indifferent thing, but
rather approved Randolph's opinion. The President was against it; but
observed that _as there were three for it, it should go_. This was the
first instance I had seen of an opportunity to decide by a mere majority,
including his own vote.
* * * * *
May the 12th. Lear called on me to-day. Speaking of the lowness of stocks,
(sixteen shillings,) I observed it was a pity we had not money to buy
on public account. He said, yes, and that it was the more provoking, as
two millions had been borrowed for that purpose, and drawn over here,
and yet were not here. That he had no doubt those would take notice of
the circumstance whose duty it was to do so. I suppose he must mean the
President.
* * * * *
May the 23d. I had sent to the President yesterday, draughts of a letter
from him to the Provisory Executive Council of France, and of one from
myself to Mr. Ternant, both on the occasion of his recall. I called on
him to-day. He said there was an expression in one of them, which he
had never before seen in any of our public communications, to wit, "our
republic." The letter prepared for him to the Council, began thus: "The
Citizen Ternant has delivered to me the letter wherein you inform me,
that yielding, &c., you had determined to recall him from his mission,
as your Minister Plenipotentiary to _our republic_." He had underscored
the words, _our republic_. He said that certainly ours was a republican
government, but yet we had not used that style in this way; that if any
body wanted to change its form into a monarchy, he was sure it was only a
few individuals, and that no man in the United States would set his face
against it more than himself; but that this was not what he was afraid
of; his fears were from another quarter; that there was more danger of
anarchy being introduced. He adverted to a piece in Freneau's paper of
yesterday; he said he despised all their attacks on him personally,
but that there never had been an act of the government, not meaning
in the executive line only, but in any line, which that paper had not
abused. He had also marked the word republic thus [Illustration], where
it was applied to the French republic. (See the original paper.) He was
evidently sore and warm, and I took his intention to be, that I should
interpose in some way with Freneau, perhaps withdraw his appointment
of translating clerk to my office. But I will not do it. His paper has
saved our constitution, which was galloping fast into monarchy, and has
been checked by no one means so powerfully as by that paper. It is well
and universally known, that it has been that paper which has checked the
career of the monocrats; and the President, not sensible of the designs
of the party, has not with his usual good sense and _sang froid_, looked
on the efforts and effects of this free press, and seen that, though
some bad things have passed through it to the public, yet the good have
preponderated immensely.
* * * * *
June the 7th, 1793. Mr. Beckley, who has returned from New York within
a few days, tells me that while he was there, Sir John Temple, Consul
General of the northern States for Great Britain, showed him a letter
from Sir Gregory Page Turner, a member of Parliament for a borough in
Yorkshire, who, he said, had been a member for twenty-five years, and
always confidential for the ministers, in which he permitted him to
read particular passages of the following purport: "that the government
was well apprized of the predominancy of the British interest in the
United States; that they considered Colonel Hamilton, Mr. King, and Mr.
W. Smith of South Carolina, as the main supports of that interest; that
particularly, they considered Colonel Hamilton, and not Mr. Hammond, as
their effective minister here; that if the anti-federal interest (that
was his term), at the head of which they considered Mr. Jefferson to be,
should prevail, these gentlemen _had secured_ an asylum to themselves
in England." Beckley could not understand whether they had secured it
_themselves_,[10] or whether they were only notified that it was secured
to them. So that they understand that they may go on boldly in their
machinations to change the government, and if they should be overset
and choose to withdraw, they will be secure of a pension in England, as
Arnold, Deane, &c., had. Sir John read passages of a letter (which he did
not put into Beckley's hand, as he did the other) from Lord Grenville,
saying nearly the same things. This letter mentions to Sir John, that
though they had divided the Consul Generalship, and given the southern
department to Bond, yet he, Sir John, was to retain his whole salary.
[By this it would seem, as if, wanting to use Bond, they had covered
his employment with this cloak.] Mr. Beckley says that Sir John Temple
is a strong republican. I had a proof of his intimacy with Sir John in
this circumstance. Sir John received his new commission of Consul for
the northern department, and instead of sending it through Mr. Hammond,
got Beckley to enclose it to me for his exequatur. I wrote to Sir John
that it must come through Mr. Hammond, enclosing it back to him. He
accordingly then sent it to Mr. Hammond.
In conversation with the President to-day, and speaking about General
Greene, he said that he and General Greene had always differed in opinion
about the manner of using militia. Greene always placed them in his
front: himself was of opinion, they should always be used as a reserve to
improve any advantage, for which purpose they were the _finest fellows_
in the world. He said he was on the ground of the battle of Guilford,
with a person who was in the action, and who explained the whole of it
to him. That General Greene's front was behind a fence at the edge of
a large field, through which the enemy were obliged to pass to get at
them; and that in their passage through this, they must have been torn
all to pieces, if troops had been posted there who would have stood their
ground; and that the retreat from that position was through a thicket,
perfectly secure. Instead of this, he posted the North Carolina militia
there, who only gave one fire and fell back, so that the whole benefit
of their position was lost. He thinks that the regulars, with their
field pieces, would have hardly let a single man get through that field.
* * * * *
_Eodem die_ (June the 7th). Beckley tells me that he has the following
fact from Governor Clinton. That before the proposition for the present
General Government, _i. e._ a little before Hamilton conceived a plan
for establishing a monarchial government in the United States, he wrote a
draught of a circular letter, which was to be sent to about ---- persons,
to bring it about. One of these letters, in Hamilton's handwriting, is
now in possession of an old militia General up the North River, who,
at that time, was thought _orthodox_ enough to be entrusted in the
execution. This General has given notice to Governor Clinton that he
has this paper, and that he will deliver it into his hands, and no one's
else. Clinton intends, the first interval of leisure, to go for it, and
he will bring it to Philadelphia. Beckley is a man of perfect truth as
to what he affirms of his own knowledge, but too credulous as to what
he hears from others.
* * * * *
June the 10th, 1793. Mr. Brown gives me the following specimen of the
phrenzy which prevailed at New York on the opening of the new government.
The first public ball which took place after the President's arrival
there, Colonel Humphreys, Colonel W. S. Smith and Mrs. Knox were to
arrange the ceremonials. These arrangements were as follows: a sofa at
the head of the room, raised on several steps, whereon the President
and Mrs. Washington were to be seated. The gentlemen were to dance in
swords. Each one, when going to dance, was to lead his partner to the
foot of the sofa, make a low obeisance to the President and his lady,
then go and dance, and when done, bring his partner again to the foot
of the sofa for new obeisances, and then to retire to their chairs. It
was to be understood, too, that gentlemen should be dressed in bags.
Mrs. Knox contrived to come with the President, and to follow him and
Mrs. Washington to their destination, and she had the design of forcing
an invitation from the President to a seat on the sofa. She mounted up
the steps after them unbidden, but unfortunately the wicked sofa was so
short, that when the President and Mrs. Washington were seated, there was
not room for a third person; she was obliged, therefore, to descend in
the face of the company, and to sit where she could. In other respects
the ceremony was conducted rigorously according to the arrangements,
and the President made to pass an evening which his good sense rendered
a very miserable one to him.
* * * * *
June the 12th. Beckley tells me that Klingham has been with him to day,
and relates to him the following fact: A certificate of the old Congress
had been offered at the treasury and refused payment, and so indorsed
in red ink as usual. This certificate came to the hands of Francis,
(the quondam clerk of the treasury, who, on account of his being dipped
in the infamous case of the Baron Glaubec, Hamilton had been obliged
to dismiss, to save appearances, but with an assurance of all future
service, and he accordingly got him established in New York.) Francis
wrote to Hamilton that such a ticket was offered him, but he could not
buy it unless he would inform him and give him his certificate that it
was good. Hamilton wrote him a most friendly letter, and sent him the
certificate. He bought the paper, and came on here and got it recognized,
whereby he made twenty-five hundred dollars. Klingham saw both the letter
and certificate.
Irving, a clerk in the treasury, an Irishman, is the author of the
pieces now coming out under the signature of Veritas, and attacking the
President. I have long suspected this detestable game was playing by
the fiscal party, to place the President on their side.
* * * * *
June the 17th, 1793. At a meeting of the Heads of department at the
President's this day, on summons from him, a letter from Mr. Genet of
the 15th inst. (addressed to the Secretary of State on the subject of
the seizure of a vessel by the Governor of New York, as having been
armed, equipped and manned in that port, with a design to cruize on the
enemies of France), was read, as also the draught of an answer prepared
by the Secretary of State, which was approved.
Read, also, a letter of June 14th from Mr. Hammond to the Secretary of
State, desiring to know whether the French privateers, the Citizen Genet,
and Sans Culottes, are to be allowed to return or send their prizes into
the ports of the United States. It is the opinion that he be informed that
they were required to depart to the dominions of their own sovereign, and
nothing expressed as to their ulterior proceedings; and that in answer
to that part which states that the Sans Culottes had increased its force
in the port of Baltimore, and remained there in the avowed intention of
watching the motions of a valuable ship now lying there, it be answered
that we expect the speedy departure of those privateers will obviate
the inconveniences apprehended, and that it will be considered whether
any practical arrangements can be adopted to prevent the augmentations
of the force of armed vessels.
THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
* * * * *
June the 20th, 1793. At a meeting this day of the Heads of department
at the President's, on summons from him, a letter from Messrs. Viar and
Jaudenes, dated June 18th, and addressed to the Secretary of State, was
read; whereupon it is the opinion that a full detail of the proceedings
of the United States with respect to the southern Indians and the
Spaniards be prepared, and a justification as to the particular matters
charged in the said letter; that this be sent, with all the necessary
documents, to our commissioners at the court of Madrid, leaving to
them a discretion to change expressions in it which to them may appear
likely to give offence in the circumstances under which they may be at
the time of receiving it; and that a copy be sent to Mr. Pinckney for
his information, and to make such use of the matter it contains as to
him should seem expedient; that an answer be written to Messrs. Viar
and Jaudenes informing them that we shall convey our sentiments on the
subject to their court through our commissioners at Madrid, and letting
them see that we are not insensible to the style and manner of their
communications.
A draught of a letter from the Secretary of State to Mr. Hammond, asking
when an answer to his letter of May 29th, 1792, might be expected, was
read and approved.
THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
* * * * *
July the 5th, 1793. A meeting desired by Alexander Hamilton at my office.
Himself, Knox, and myself met accordingly. He said that according to what
had been agreed on in presence of the President, in consequence of Mr.
Genet's declining to pay the $45,000 at his command in the treasury, to
the holders of the St. Domingo bills, we had agreed to pay the holders out
of other moneys to that amount; that he found, however, that these bills
would amount to $90,000, and the question was whether he should assume
$90,000 to be paid out of the September instalment. This, he said, would
enable holders to get discounts at the banks, would therefore be equal
to ready money, and save them from bankruptcy. Unanimously agreed to. We
also agreed to a letter written by General Knox to Governor Mifflin, to
have a particular inquiry made whether the Little Sarah is arming, &c.,
or not. I read also Governor Lee's letter about the Governor of South
Carolina's proclamation respecting pestilential disease in West Indies.
We are all of opinion the evidence is too slight for interference, and
doubt the power to interfere. Therefore let it lie.
Mr. Genet called on me, and read to me very rapidly instructions he
had prepared for Michaud, who is going to Kentucky; an address to the
inhabitants of Louisiana, and another to those of Canada. In these papers
it appears that, besides encouraging those inhabitants to insurrection,
he speaks of two generals in Kentucky who have proposed to him to go
and take New Orleans, if he will furnish the expense, about £3,000
sterling. He declines advancing it, but promises that sum ultimately
for their expenses; proposes that officers shall be commissioned by
himself in Kentucky and Louisiana; that they shall rendezvous _out of
the territories of the United States_,--suppose in Louisiana, and there
making up a battalion to be called the ---- ---- of inhabitants of
Louisiana and Kentucky, and getting what Indians they could, to undertake
the expedition against New Orleans, and then Louisiana to be established
into an independent State, connected in commerce with France and the
United States; that two frigates shall go into the river Mississippi, and
co-operate against New Orleans. The address to Canada was to encourage
them to shake off English yoke, to call Indians to their assistance,
and to assure them of the friendly dispositions of their neighbors of
the United States.
He said he communicated these things to me, not as Secretary of State,
but as Mr. Jefferson. I told him that his enticing officers and soldiers
from Kentucky to go against Spain, was really putting a halter about
their necks; for that they would assuredly be hung if they commenced
hostilities against a nation at peace with the United States. That leaving
out that article I did not care what insurrections should be excited
in Louisiana. He had about a fortnight ago sent me a communication for
Michaud as consul of France at Kentucky, and desired an Exequatur. I
told him this could not be given, that it was only in the _ports_ of the
United States they were entitled to consuls, and that if France should
have a consul at Kentucky, England and Spain would soon demand the same,
and we should have all our interior country filled with foreign agents.
He acquiesced, and asked me to return the commission and his note, which
I did; but he desired I would give Michaud a letter of introduction for
Governor Shelby. I sent him one a day or two after. He now observes to
me that in that letter I speak of him only as a person of botanical
and natural pursuits, but that he wished the Governor to view him as
something more; as a French citizen possessing his confidence. I took
back the letter and wrote another.
_Memorandum of a Meeting at the State House, Philadelphia relative to
the case of the Little Sarah._
July the 8th, 1793. At a meeting at the State House of the City of
Philadelphia,
Present: the Secretary of State, the Secretary of the Treasury, the
Secretary of War.
It appears that a brigantine, called the Little Sarah, has been fitted out
at the port of Philadelphia, with fourteen cannon and all other equipment,
indicating that she is intended to cruise under the authority of France,
and that she is now lying in the river Delaware, at some place between
this city and Mud Island; that a conversation has been had between the
Secretary of State and the Minister Plenipotentiary of France, in which
conversation the Minister refused to give any explicit assurance that
the brigantine would continue until the arrival of the President, and
his decision in the case, but made declarations respecting her not being
ready to sail within the time of the expected return of the President,
from which the Secretary of State infers with confidence, that she will
not sail till the President will have an opportunity of considering
and determining the case; that in the course of the conversation, the
Minister declared that the additional guns which had been taken in by
the Little Sarah were French property, but the Governor of Pennsylvania
declared that he has good ground to believe that two of her cannon were
purchased here of citizens of Philadelphia.
The Governor of Pennsylvania asks advice what steps, under the
circumstances, he shall pursue?
The Secretary of the Treasury and the Secretary of War are of opinion,
that it is expedient that immediate measures should be taken provisionally
for establishing a battery on Mud Island, under cover of a party of
militia, with direction that if the brig Sarah should attempt to depart
before the pleasure of the President shall be known concerning her,
military coercion be employed to arrest and prevent her progress.
The Secretary of State dissents from this opinion.
_Reasons for his Dissent._
I am against the preceding opinion of the Secretaries of the Treasury
and War, for ordering a battery to be erected on Mud Island, and firing
on the Little Sarah, an armed vessel of the Republic of France:
Because I am satisfied, from what passed between Mr. Genet and myself at
our personal interview yesterday, that the vessel will not be ordered to
sail till the return of the President, which, by a letter of this day's
post, we may certainly expect within eight and forty hours from this time.
Because the erecting a battery and mounting guns to prevent her passage
might cause a departure not now intended, and produce the fact it is
meant to prevent.
Because were such battery and guns now in readiness and to fire on her,
in the present ardent state of her crew just in the moment of leaving
port, it is morally certain that bloody consequences would follow. No one
could say how many lives would be lost on both sides, and all experience
has shown, that blood once seriously spilled between nation and nation,
the contest is continued by subordinate agents, and the door of peace is
shut. At this moment, too, we expect in the river twenty of their ships
of war, with a fleet of from one hundred to one hundred and fifty of
their private vessels, which will arrive at the scene of blood in time
to continue it, if not to partake in it.
Because the actual commencement of hostilities against a nation, for such
this act may be, is an act of too serious consequence to our countrymen
to be brought on their heads by subordinate officers, not chosen by
them nor clothed with their confidence; and too presumptuous on the
part of those officers, when the chief magistrate, into whose hands the
citizens have commited their safety, is within eight and forty hours of
his arrival here, and may have an opportunity of judging for himself and
them, whether the buying and carrying away two cannon, (for according
to information, the rest are the nation's own property,) is sufficient
cause of war between Americans and Frenchmen.
Because, should the vessel, contrary to expectation, depart before the
President's arrival, the adverse powers may be told the truth of the case:
that she went off contrary to what we had a right to expect; that we shall
be justifiable in future cases to measure our confidence accordingly;
that for the present we shall demand satisfaction from France, which,
with the proof of good faith we have already given, ought to satisfy
them. Above all, Great Britain ought not to complain: for, since the date
of the order forbidding that any of the belligerent powers should equip
themselves in our ports with our arms, these two cannon are all that
have escaped the vigilance of our officers on the part of their enemies,
while their vessels have carried off more than ten times the number,
without any impediment; and if the suggestion be true (and as yet it is
but suggestion) that there are fifteen or twenty Americans on board the
Little Sarah, who have gone with their own consent, it is equally true
that more than ten times that number of Americans are at this moment
on board English ships of war, who have been taken forcibly from our
merchant vessels at sea or in port, wherever met with, and compelled to
bear arms against the friends of their country. And is it less a breach
of our neutrality towards France to suffer England to strengthen herself
with our force, than towards England to suffer France to do so? And are
we equally ready and disposed to sink the British vessels in our ports
by way of reprisal for this notorious and avowed practice?
Because it is inconsistent for a nation which has been patiently bearing
for ten years the grossest insults and injuries from their late enemies,
to rise at a feather against their friends and benefactors; and that, too,
in a moment when circumstances have kindled the most ardent affections
of the two people towards each other; when the little subjects of
displeasure which have arisen are the acts of a particular individual,
not yet important enough to have been carried to his government as
causes of complaint; are such as nations of moderation and justice
settle by negociation, not making war their first step; are such as
that government would correct at a word, if we may judge from the late
unequivocal demonstrations of their friendship towards us; and are very
slight shades of the acts committed against us by England, which we have
been endeavoring to rectify by negociation, and on which they have never
condescended to give any answer to our minister.
Because I would not gratify the combination of kings with the spectacle
of the two only republics on earth destroying each other for two cannon;
nor would I, for infinitely greater cause, add this country to that
combination, turn the scale of contest, and let it be from our hands
that the hopes of man received their last stab.
It has been observed that a general order has been already given to
stop by force vessels arming contrary to rule in our ports, in which I
concurred. I did so because it was highly presumeable that the destination
of such a vessel would be discovered in some early stage, when there
would be few persons on board, these not yet disposed nor prepared to
resist, and a small party of militia put aboard would stop the procedure
without a marked infraction of the peace. But it is a much more serious
thing when a vessel has her full complement of men, (here said to be one
hundred and twenty,) with every preparation and probably with disposition
to go through with their enterprise. A serious engagement is then a
certain consequence. Besides, an act of force, committed by an officer
in a distant port, under general orders, given long ago, to take effect
on all cases, and with less latitude of discretion in him, would be
a much more negociable case than a recent order, given by the general
government itself (for that is the character we are to assume) on the
spot, in the very moment, pointed at this special case, professing full
discretion and not using it. This would be a stubborn transaction, not
admitting those justifications and explanations which might avert a war,
or admitting such only as would be entirely humiliating to the officers
giving the order, and to the government itself.
On the whole, respect to the chief magistrate, respect to our countrymen,
their lives, interests, and affection, respect to a most friendly nation,
who, if we give them the opportunity, will answer our wrongs by correcting
and not by repeating them; respect to the most sacred cause that ever
man was engaged in, poising maturely the evils which may flow from the
commitment of an act which it would be in the power and probably in the
temper of subordinate agents to make an act of continued war, and those
which may flow from an eight and forty hours suspension of the act, are
motives with me for suspending it eight and forty hours, even should we
thereby lose the opportunity of committing it altogether.
_Copy of a minute given to the President._
July the 12th, 1793. At a meeting of the Heads of the departments at
the President's, on summons from him, and on consideration of various
representations from the Minister Plenipotentiary of France and Great
Britain, on the subject of vessels arming and arriving in our ports,
and of prizes;--it is their opinion that letters be written to the
said ministers, informing them that the executive of the United States
is desirous of having done what shall be strictly conformable to the
treaties of the United States; and the laws respecting the said cases has
determined to refer the questions arising therein to persons learned in
the laws; that as this reference will occasion some delay, it is expected
that, in the meantime, the Little Sarah, or Little Democrat, the ship
Jane, and the ship William, in the Delaware, the Citoyen Genet and her
prizes, the brigs Lovely-Lass and Prince William Henry, and the brig in
the Chesapeake, do not depart till the further order of the President.
That letters be addressed to the judges of the Supreme Court of the
United States, requesting their attendance at this place on Thursday the
18th instant, to give their advice on certain matters of public concern,
which will be referred to them by the President.
That the Governor be desired to have the ship Jane attended to with
vigilance, and if she be found augmenting her force and about to depart,
that he cause her to be stopped.
THOMAS JEFFERSON.
ALEXANDER HAMILTON.
HENRY KNOX.
_A recapitulation of questions whereon we have given opinions._
Does the treaty with France leave us free to prohibit her from
arming vessels in our ports? Thomas Jefferson, Hamilton, Knox, and
Randolph--unanimous--it does. As the treaty obliges us to prohibit the
enemies of France from arming in our ports, and leaves us free to prohibit
France, do not the laws of neutrality oblige us to prohibit her? Same
persons answer they do.
How far may a prohibition now declared be retrospective to the vessels
armed in Charleston before the prohibition, to wit, the Citoyen Genet
and Sans Culottes, and what is to be done with these prizes? Thomas
Jefferson,--It cannot be retrospective at all; they may sell their
prizes, and continue to act freely as other armed vessels of France.
Hamilton and Knox,--The prizes ought to be given up to the English,
and the privateers suppressed. Randolph,--They are free to sell their
prizes, and the privateers should be ordered away, not to return here
till they shall have been to the dominions of their own sovereign, and
thereby purged the illegality of their origin. This last opinion was
adopted by the President.
Our citizens who have joined in these hostilities against nations at
peace with the United States, are they punishable? E. Randolph gave an
official opinion--they were. Thomas Jefferson, Hamilton and Knox joined
in the opinion. All thought it our duty to have prosecutions instituted
against them, that the laws might pronounce on their case. In the first
instance, two only were prosecuted merely to try the question, and to
satisfy the complaint of the British men; and because it was thought they
might have offended unwittingly. But a subsequent armament of a vessel
at New York taking place with full knowledge of this prosecution, all
the persons engaged in it, citizens and foreigners, were ordered to be
prosecuted.
May the prohibition extend to the means of the party arming, or are they
only prohibited from using our means for the annoyance of their enemies?
Thomas Jefferson of opinion they are free to use their own means, _i. e._,
to mount their own guns, &c. Hamilton and Knox of opinion they are not
to put even their own implements or means into a posture of annoyance.
The President has as yet not decided this.
May an armed vessel arriving here be prohibited to employ their own
citizens found here as seamen or mariners? Thomas Jefferson,--They cannot
be prohibited to recruit their own citizens. Hamilton and Knox,--They
may and ought to be prohibited. No decision yet by the President.
It appears to me the President wished the Little Sarah had been stopped
by military coercion, that is, by firing on her; yet I do not believe
he would have ordered it himself had he been here, though he would
be glad if we had ordered it. The United States being a ship-building
nation, may they sell ships, prepared for war, to both parties? Thomas
Jefferson,--They may sell such ships in their ports to both parties,
or carry them for sale to the dominions of both parties. E. Randolph
of opinion they could not sell them here; and that if they attempted to
carry them to the dominions of the parties for sale, they might be seized
by the way as _contraband_. Hamilton of same opinion, except that he did
not consider them as seizable for contraband, but as the property of a
power, making itself a party in the _war_ by an aid of such a nature,
and consequently that it would be a breach of neutrality.
Hamilton moves that the government of France be desired to recall Mr.
Genet. Knox adds that he be in the meantime suspended from his functions.
Thomas Jefferson proposes that his correspondence be communicated to
his government, with friendly observations. President silent.
* * * * *
July the 15th. Thomas Jefferson, Hamilton and Knox met at the President's.
Governor Mifflin had applied to Knox for the loan of four cannon to
mount at Mud Island. He informed him he should station a guard of
thirty-five militia there, and asked what arrangement for rations the
general government had taken. Knox told him nothing could be done as to
rations, and he would ask the President for the cannon. In the meantime,
he promised him to put the cannon on board a boat, ready to send off as
soon as permission was obtained. The President declared his own opinion
_first_ and fully, that when the orders were given to the government to
stop vessels arming, &c., in our ports, even by military force, he took
for granted the government would use such diligence as to stop those
projects in embryo, and stop them when no force was requisite, or a very
small party of militia would suffice; that here was a demand from the
government of Pennsylvania to land four cannon under pretext of executing
orders of the general government; that if this was granted, we should
be immediately applied to by every other governor, and that not for one
place only, but for several, and our cannon would be dispersed all over
the United States; that for this reason we would refuse the same request
to the governors of South Carolina, Virginia, and Rhode Island; that
if they erected batteries, they must establish men for them, and would
come on us for this too. He did not think the executive had a power to
establish permanent guards: he had never looked to anything permanent
when the orders were given to the governors, but only an occasional call
on small parties of militia in the moments requiring it. These sentiments
were so entirely my own, that I did little more than combat on the same
grounds the opinions of Hamilton and Knox. The latter said he would be
ready to lend an equal number to every government to carry into effect
orders of such importance; and Hamilton, that he would be willing to
lend them in cases where they happened to be as near the place where
they were to be mounted.
Hamilton submitted the purchase of a large quantity of salt-petre, which
would outrun the funds destined to objects of that class by Congress. We
were unanimous we ought to venture on it, and to the procuring supplies
of military stores in the present circumstances, and take on us the
responsibility to Congress, before whom it should be laid.
The President was fully of the same opinion.
In the above case of the cannon, the President gave no final order while
I remained; but I saw that he was so impressed with the disagreeableness
of taking them out of the boat again, that he would yield. He spoke
sharply to Knox for having put them in that position without consulting
him, and declared that, but for that circumstance, he would not have
hesitated one moment to refuse them.
* * * * *
July the 18th, 1793. Lear calls on me. I told him that Irving, an
Irishman, and a writer in the treasury, who, on a former occasion, had
given the most decisive proofs of his devotion to his principal, was
the author of the pieces signed Veritas; and I wished he could get at
some of Irving's acquaintances and inform himself of the fact, as the
person who told me of it would not permit the name of his informer to be
mentioned; [_Note._--Beckley told me of it, and he had it from Swaine,
the printer to whom the pieces were delivered;] that I had long before
suspected this excessive foul play in that party, of writing themselves
in the character of the most exaggerated democrats, and incorporating
with it a great deal of abuse on the President, to make him believe
it was that party who were his enemies, and so throw him entirely into
the scale of the monocrats. Lear said he no longer ago than yesterday,
expressed to the President his suspicions of the artifices of that party
to work on him. He mentioned the following fact as a proof of their
writing in the character of their adversaries; to wit, the day after
the little incident of Richet's toasting "the man of the people," (see
the gazettes,) Mrs. Washington was at Mrs. Powel's, who mentioned to her
that when the toast was given, there was a good deal of disapprobation
appeared in the audience, and that many put on their hats and went out;
on inquiry, he had not found the fact true, and yet it was put into
----'s paper, and written under the character of a republican, though he
is satisfied it is altogether a slander of the monocrats. He mentioned
this to the President, but he did not mention to him the following fact,
which he knows; that in New York, the last summer, when the parties of
Jay and Clinton were running so high, it was an agreed point with the
former, that if any circumstances should ever bring it to a question,
whether to drop Hamilton or the President, they had decided to drop the
President. He said that lately one of the loudest pretended friends to
the government, damned it, and said it was good for nothing, that it
could not support itself, and it was time to put it down and set up a
better; and yet the same person, in speaking to the President, puffed
off that party as the only friends to the government. He said he really
feared, that by their artifices and industry, they would aggravate the
President so much against the republicans, as to separate him from the
body of the people. I told him what the same cabals had decided to do,
if the President had refused his assent to the bank bill; also what
Brockhurst Livingston said to ----, that Hamilton's life was much more
precious to the community than the President's.
* * * * *
July the 29th, 1793. At a meeting at the President's on account of the
British letter-of-marque, ship Jane, said to have put up waste boards, to
have pierced two port holes, and mounted two cannon (which she brought
in) on new carriages which she did not bring in, and consequently
having sixteen, instead of fourteen, guns mounted, it was agreed that a
letter-of-marque, or vessel armé en guerre, and en marchandise, is not
a privateer, and therefore not to be ordered out of our ports. It was
agreed by Hamilton, Knox, and myself, that the case of such a vessel does
not depend on the treaties, but on the law of nations. Edmund Randolph
thought, as she had a mixed character of merchant vessel and privateer,
she might be considered under the treaty; but this being overruled, the
following paper was written
Rules proposed by Attorney General:
1st. That all equipments purely for the accommodation of vessels, as
merchantmen, be admitted. [Agreed.]
2d. That all equipments, doubtful in their nature, and applicable equally
to commerce or war, be admitted, as producing too many minutia. [Agreed.]
3d. That all equipments, solely adapted to military objects, be
prohibited. [Agreed.]
Rules proposed by the Secretary of the Treasury:
1st. That the original arming and equipping of vessels for military
service, offensive or defensive, in the ports of the United States, be
considered as prohibited to all. [Agreed.]
2d. That vessels which were armed before their coming into our ports,
shall not be permitted to augment these equipments in the ports of the
United States, but may repair or replace any military equipments which
they had when they began their voyage for the United States; that this,
however, shall be with the exception of privateers of the parties opposed
to France, who shall not refit or repair. [Negatived--the Secretary of
the Treasury only holding the opinion.]
3d. That for convenience, vessels armed and commissioned before they come
into our ports, may engage their own citizens, not being inhabitants of
the United States. [Agreed.]
I subjoined the following:
I concur in the rules proposed by the Attorney General, as far as respects
materials or means of annoyance furnished by us; and I should be for an
additional rule, that as to means or materials brought into this country,
and belonging to themselves, they are free to use them.
* * * * *
August the 1st. Met at the President's, to consider what was to be
done with Mr. Genet. All his correspondence with me was read over.
The following propositions were made: 1. That a full statement of Mr.
Genet's conduct be made in a letter to G. Morris, and be sent with his
correspondence, to be communicated to the Executive Council of France;
the letter to be so prepared, as to serve for the form of communication
to the Council. Agreed unanimously. 2. That in that letter his recall be
required. Agreed by all, though I expressed a preference of expressing
that desire with great delicacy; the others were for peremptory terms.
3. To send him off. This was proposed by Knox; but rejected by every
other. 4. To write a letter to Mr. Genet, the same in substance with that
written to G. Morris, and let him know we had applied for his recall. I
was against this, because I thought it would render him extremely active
in his plans, and endanger confusion. But I was overruled by the other
three gentlemen and the President. 5. That a publication of the whole
correspondence, and statement of the proceedings, should be made by way
of appeal to the people. Hamilton made a jury speech of three-quarters
of an hour, as inflammatory and declamatory as if he had been speaking
to a jury. E. Randolph opposed it. I chose to leave the contest between
them. Adjourned to next day.
* * * * *
August the 2d. Met again. Hamilton spoke again three-quarters of an
hour. I answered on these topics. _Object_ of the appeal.--The democratic
society; this the great circumstance of alarm; afraid it would extend its
connections over the continent; chiefly meant for the local object of the
ensuing election of Governor. If left alone, would die away after that
is over. If opposed, if proscribed, would give it importance and vigor;
would give it a new object, and multitudes would join it merely to assert
the right of voluntary associations. That the measure was calculated to
make the President assume the station of the head of a party, instead
of the head of the nation. _Plan_ of the appeal.--To consist of _facts_
and the _decisions_ of the President. As to facts we are agreed; but as
to the decisions, there have been great differences of opinion among
us. Sometimes as many opinions as persons. This proves there will be
ground to attack the decisions. Genet will appeal also; it will become
a contest between the President and Genet--anonymous writers--will
be same difference of opinion in _public_, as in our cabinet--will be
same difference in _Congress_, for it must be laid before them--would,
therefore, work very unpleasantly _at home_. How would it work _abroad_?
France--unkind--after such proofs of her friendship, should rely on that
friendship, and her justice. Why appeal to the world? Friendly nations
always negotiate little differences in private. Never appeal to the
world, but when they appeal to the sword. Confederacy of Pilnitz was to
overthrow the government of France. The interference of France to disturb
other governments and excite insurrections, was a measure of reprisal.
Yet these Princes have been able to make it believed to be the system
of France. Colonel Hamilton supposes Mr. Genet's proceedings here are
in pursuance of that system; and we are so to declare it to the world,
and to add our testimony to this base calumny of the Princes. What a
triumph to them to be backed by our testimony. What a fatal stroke at the
cause of liberty; _et tu Brute_. We indispose the French government, and
they will retract their offer of the treaty of commerce. The President
manifestly inclined to the appeal to the people.[11] Knox, in a foolish
incoherent sort of a speech, introduced the pasquinade lately printed,
called the funeral of George W--n, and James W--n, King and Judge, &c.,
where the President was placed on a guillotine. The President was much
inflamed; got into one of those passions when he cannot command himself;
ran on much on the personal abuse which had been bestowed on him; defied
any man on earth to produce one single act of his since he had been in
the government, which was not done on the purest motives; that he had
never repented but once the having slipped the moment of resigning his
office, and that was every moment since; that _by God_ he had rather
be in his grave than in his present situation; that he had rather be
on his farm than to be made _Emperor of the world_; and yet that they
were charging him with wanting to be a King. That that _rascal Freneau_
sent him three of his papers every day, as if he thought he would become
the distributor of his papers; that he could see in this, nothing but
an impudent design to insult him: he ended in this high tone. There
was a pause. Some difficulty in resuming our question; it was, however,
after a little while, presented again, and he said there seemed to be no
necessity for deciding it now; the propositions before agreed on might
be put into a train of execution, and perhaps events would show whether
the appeal would be necessary or not. He desired we would meet at my
office the next day, to consider what should be done with the vessels
armed in our ports by Mr. Genet, and their prizes.
* * * * *
August the 3d. We met. The President wrote to take our opinions, whether
Congress should be called. Knox pronounced at once against it. Randolph
was against it. Hamilton said his judgment was against it, but that if any
two were for it, or against it, he would join them to make a majority. I
was for it. We agreed to give separate opinions to the President. Knox
said we should have had fine work, if Congress had been sitting these
two last months. The fool thus let out the secret. Hamilton endeavored
to patch up the indiscretion of this blabber, by saying "he did not
know; he rather thought they would have strengthened the executive arm."
It is evident they do not wish to lengthen the session of the _next
Congress_, and probably they particularly wish it should not meet till
Genet is gone. At this meeting I received a letter from Mr. Remson at
New York, informing me of the event of the combat between the Ambuscade
and the Boston. Knox broke out into the most unqualified abuse of Captain
Courtany. Hamilton, with less fury, but with the deepest vexation, loaded
him with censures. Both showed the most unequivocal mortification at
the event.
* * * * *
August the 6th, 1793. The President calls on me at my house in the
country, and introduces my letter of July the 31st, announcing that I
should resign at the close of the next month. He again expressed his
repentance at not having resigned himself, and how much it was increased
by seeing that he was to be deserted by those on whose aid he had counted;
that he did not know where he should look to find characters to fill
up the offices; that mere talents did not suffice for the department of
State, but it required a person conversant in foreign affairs, perhaps
acquainted with foreign courts; that without this, the best talents would
be awkward and at a loss. He told me that Colonel Hamilton had three
or four weeks ago written to him, informing him that private as well as
public reasons had brought him to the determination to retire, and that
he should do it towards the close of the next session. He said he had
often before intimated dispositions to resign, but never as decisively
before; that he supposed he had fixed on the latter part of next session,
to give an opportunity to Congress to examine into his conduct; that
our going out at times so different, increased his difficulty; for if
he had both places to fill at once, he might consult both the particular
talents and geographical situation of our successors. He expressed great
apprehensions at the fermentation which seemed to be working in the mind
of the public; that many descriptions of persons, actuated by different
causes, appeared to be uniting; what it would end in he knew not; a new
Congress was to assemble, more numerous, perhaps of a different spirit;
the first expressions of their sentiments would be important; if I would
only stay to the end of that, it would relieve him considerably.
I expressed to him my excessive repugnance to public life, the particular
uneasiness of my situation in this place, where the laws of society
oblige me always to move exactly in the circle which I know to bear me
peculiar hatred; that is to say, the wealthy aristocrats, the merchants
connected closely with England, the new created paper fortunes; that
thus surrounded, my words were caught, multiplied, misconstrued, and even
fabricated and spread abroad to my injury; that he saw also, that there
was such an opposition of views between myself and another part of the
administration, as to render it peculiarly unpleasing, and to destroy
the necessary harmony. Without knowing the views of what is called the
republican party here, or having any communication with them, I could
undertake to assure him, from my intimacy with that party in the late
Congress, that there was not a view in the republican party as spread
over the United States, which went to the frame of the government; that
I believed the next Congress would attempt nothing material, but to
render their own body independent; that that party were firm in their
dispositions to support the government; that the manœuvres of Mr. Genet
might produce some little embarrassment, but that he would be abandoned
by the republicans the moment they knew the nature of his conduct; and
on the whole, no crisis existed which threatened anything.
He said he believed the views of the republican party were perfectly
pure, but when men put a machine into motion, it is impossible for them
to stop it exactly where they would choose, or to say where it will
stop. That the constitution we have is an excellent one, if we can keep
it where it is; that it was, indeed, supposed there was a party disposed
to change it into a monarchical form, but that he could conscientiously
declare there was not a man in the United States who would set his
face more decidedly against it than himself. Here I interrupted him, by
saying, "No rational man in the United States suspects you of any other
disposition; but there does not pass a week, in which we cannot prove
declarations dropping from the monarchical party that our government is
good for nothing, is a milk and water thing which cannot support itself,
we must knock it down, and set up something of more energy." He said if
that was the case, he thought it a proof of their insanity, for that
the republican spirit of the Union was so manifest and so solid, that
it was astonishing how any one could expect to move it.
He returned to the difficulty of naming my successor; he said Mr.
Madison would be his first choice, but that he had always expressed to
him such a decision against public office, that he could not expect he
would undertake it. Mr. Jay would prefer his present office. He said
that Mr. Jay had a great opinion of the talents of Mr. King; that there
was also Mr. Smith of South Carolina, and E. Rutledge; but he observed,
that name whom he would, some objections would be made, some would be
called speculators, some one thing, some another; and he asked me to
mention any characters occurring to me. I asked him if Governor Johnson
of Maryland had occurred to him? He said he had; that he was a man of
great good sense, an honest man, and he believed, clear of speculations;
but this, says he, is an instance of what I was observing; with all
these qualifications, Governor Johnson, from a want of familiarity with
foreign affairs, would be in them like a fish out of water; everything
would be new to him, and he awkward in everything. I confessed to him
that I had considered Johnson rather as fit for the Treasury Department.
Yes, says he, for that he would be the fittest appointment that could be
made; he is a man acquainted with figures, and having as good a knowledge
of the resources of this country as any man. I asked him if Chancellor
Livingston had occurred to him? He said yes; but he was from New York,
and to appoint him while Hamilton was in, and before it should be known
he was going out, would excite a newspaper conflagration, as the ultimate
arrangement would not be known. He said McLurg had occurred to him as
a man of first-rate abilities, but it is said that he is a speculator.
He asked me what sort of a man Wolcott was. I told him I knew nothing
of him myself; I had heard him characterized as a cunning man. I asked
him whether some person could not take my office _par interim_, till he
should make an appointment, as Mr. Randolph, for instance. Yes, says
he, but there you would raise the expectation of keeping it, and I do
not know that he is fit for it, nor what is thought of Mr. Randolph.
I avoided noticing the last observation, and he put the question to me
directly. I then told him, I went into society so little as to be unable
to answer it: I knew that the embarrassments in his private affairs had
obliged him to use expedients, which had injured him with the merchants
and shop-keepers, and affected his character of independence; that
these embarrassments were serious, and not likely to cease soon. He
said if I would only stay in till the end of another quarter (the last
of December) it would get us through the difficulties of this year,
and he was satisfied that the affairs of Europe would be settled with
this campaign; for that either France would be overwhelmed by it, or
the confederacy would give up the contest. By that time, too, Congress
will have manifested its character and view. I told him that I had set
my private affairs in motion in a line which had powerfully called for
my presence the last spring, and that they had suffered immensely from
my not going home; that I had now calculated them to my return in the
fall, and to fail in going then, would be the loss of another year, and
prejudicial beyond measure. I asked him whether he could not name Governor
Johnson to my office, under an express arrangement that at the close of
the session he should take that of the Treasury. He said that men never
chose to descend; that being once in a higher department, he would not
like to go into a lower one. He asked me whether I could not arrange my
affairs by going home. I told him I did not think the public business
would admit of it; that there never was a day now in which the absence
of the Secretary of State would not be inconvenient to the public. And
he concluded by desiring that I would take two or three days to consider
whether I could not stay in till the end of another quarter, for that
like a man going to the gallows, he was willing to put it off as long
as he could; but if I persisted, he must then look about him and make
up his mind to do the best he could; and so he took leave.
* * * * *
August the 20th. We met at the President's to examine by paragraphs the
draught of a letter I had prepared to Gouverneur Morris on the conduct of
Mr. Genet. There was no difference of opinion on any part of it, except
on this expression, "An attempt to embroil both, to add still another
nation to the enemies of his country, and to draw on both a reproach which
it is hoped will never stain the history of either, that of _liberty
warring on herself_." Hamilton moved to strike out these words, "that
of liberty warring on herself." He urged generally that it would give
offence to the combined powers; that it amounted to a declaration that
they were warring on liberty; that we were not called on to declare
that the cause of France was that of liberty; that he had at first been
with them with all his heart, but that he had long since left them, and
was not for encouraging the idea here, that the cause of France was the
cause of liberty in general, or could have either connection or influence
in our affairs. Knox, according to custom, jumped plump into all his
opinions. The President, with a good deal of positiveness, declared in
favor of the expression; that he considered the pursuit of France to be
that of liberty, however they might sometimes fail of the best means
of obtaining it; that he had never at any time entertained a doubt of
their ultimate success, if they hung well together; and that as to their
dissensions, there were such contradictory accounts given, that no one
could tell what to believe. I observed that it had been supposed among
us all along that the present letter might become public; that we had
therefore three parties to attend to,--1st, France; 2d, her enemies 3d,
the people of the United States; that as to the enemies of France, it
ought not to offend them, because the passage objected to, only spoke of
an attempt to make the United States, a _free nation_, war on France,
a _free nation_, which would be liberty warring against liberty; that
as to France, we were taking so harsh a measure (desiring her to recall
her minister) that a precedent for it could scarcely be found; that we
knew that minister would represent to his government that our executive
was hostile to liberty, leaning to monarchy, and would endeavor to parry
the charges on himself, by rendering suspicions the source from which
they flowed; that, therefore, it was essential to satisfy France, not
only of our friendship to her, but our attachment to the general cause
of liberty, and to hers in particular; that as to the people of the
United States, we knew there were suspicions abroad that the executive,
in some of its parts, was tainted with a hankering after monarchy, an
indisposition towards liberty, and towards the French cause; and that it
was important, by an explicit declaration, to remove these suspicions,
and restore the confidence of the people in their government. Randolph
opposed the passage on nearly the same ground with Hamilton. He added,
that he thought it had been agreed that this correspondence should contain
no expressions which could give offence to either party. I replied that
it had been my opinion in the beginning of the correspondence, that
while we were censuring the conduct of the French minister, we should
make the most cordial declarations of friendship to them; that in the
first letter or two of the correspondence, I had inserted expressions
of that kind, but that himself and the other two gentlemen had struck
them out; that I thereupon conformed to their opinions in my subsequent
letters, and had carefully avoided the insertion of a single term of
friendship to the French nation, and the letters were as dry and husky
as if written between the generals of two enemy nations; that on the
present occasion, how ever, it had been agreed that such expressions
ought to be inserted in the letter now under consideration, and I had
accordingly charged it pretty well with them; that I had further thought
it essential to satisfy the French and our own citizens of the light in
which we viewed their cause, and of our fellow feeling for the general
cause of liberty, and had ventured only four words on the subject; that
there was not from beginning to end of the letter one other expression
or word in favor of liberty, and I should think it singular, at least,
if the single passage of that character should be struck out.
The President again spoke. He came into the idea that attention was
due to the two parties who had been mentioned, France and the United
States; that as to the former, thinking it certain their affairs would
issue in a government of some sort--of considerable freedom--it was the
only nation with whom our relations could be counted on; that as to the
United States, there could be no doubt of their universal attachment
to the cause of France, and of the solidity of their republicanism. He
declared his strong attachment to the expression, but finally left it
to us to accommodate. It was struck out, of course, and the expressions
of affection in the context were a good deal taken down.
* * * * *
August the 23d, 1793. In consequence of my note of yesterday to the
President, a meeting was called this day at his house to determine what
should be done with the proposition of France to treat. The importance
of the matter was admitted; and being of so old a date as May 22d, we
might be accused of neglecting the interests of the United States, to
have left it so long unanswered, and it could not be doubted Mr. Genet
would avail himself of this inattention. The President declared it had
not been inattention, that it had been the subject of conversation often
at our meetings, and the delay had proceeded from the difficulty of the
thing.
If the struggles of France should end in the old despotism, the formation
of such a treaty with the present government would be a matter of offence;
if it should end in any kind of free government, he should be very
unwilling, by inattention to their advances, to give offence, and lose
the opportunity of procuring terms so advantageous to our country. He
was, therefore, for writing to Mr. Morris to get the powers of Mr. Genet
renewed to his successor. [As he had expressed this opinion to me the
afternoon before, I had prepared the draught of a letter accordingly.]
But how to explain the delay? The Secretary of the Treasury observed on
the letter of the National Convention, that as it did not seem to require
an answer, and the matters it contained would occasion embarrassment
if answered, he should be against answering it; that he should be for
writing to Mr. Morris, mentioning our readiness to treat with them, and
suggesting a renewal of Mr. Genet's powers to his successor, but not
in as strong terms as I had done in my draught of the letter--not as
a thing anxiously wished for by us, lest it should suggest to them the
asking a price; and he was for my writing to Mr. Genet _now_, an answer
to his letter of May 22d, referring to the meeting of the Senate the
entering on the treaty. Knox concurred with him, the Attorney General
also,--except that he was against suggesting the renewal of Mr. Genet's
powers, because that would amount to a declaration that we would treat
with that government, would commit us to lay the subject before the
Senate, and his principle had ever been to do no act, not unavoidably
necessary, which, in the event of a counter revolution, might offend the
future governing powers of that country. I stated to them that having
observed from our conversations that the propositions to treat might not
be acceded to immediately, I had endeavored to prepare Mr. Genet for it,
by taking occasion in conversations to apprize him of the control over
treaties which our constitution had given to the Senate; that though
this was indirectly done, (because not having been authorized to say
anything official on the subject, I did not venture to commit myself
directly,) yet, on some subsequent conversation, I found it had struck
him exactly as I had wished; for, speaking on some other matter, he
mentioned incidentally his propositions to treat, and said, however, as
I know now that you cannot take up that subject till the meeting of the
Senate, I shall say no more about it now, and so proceeded with his other
subject, which I do not now recollect. I said I thought it possible by
recalling the substance of these conversations to Mr. Genet, in a letter
to be written now, I might add that the Executive had at length come
to a conclusion, that on account of the importance of the matter, they
would await the meeting of the Senate; but I pressed strongly the urging
Mr. Morris to procure a renewal of Genet's powers, that we might not
lose the chance of obtaining so advantageous a treaty. Edmund Randolph
had argued against our acceding to it, because it was too advantageous;
so much so that they would certainly break it, and it might become the
cause of war. I answered that it would be easy, in the course of the
negociation, to cure it of its inequality by giving some compensation;
but I had no fear of their revoking it, that the islanders themselves
were too much interested in the concessions ever to suffer them to be
revoked; that the best thinkers in France had long been of opinion that
it would be for the interest of the mother country to let the colonies
obtain subsistence wherever they could cheapest; that I was confident
the present struggles in France would end in a free government of some
sort, and that such a government would consider itself as growing out of
the present one, and respect its treaties. The President recurred to the
awkwardness of writing a letter now to Mr. Genet, in answer to his of May
22d; that it would certainly be construed as merely done with a design
of exculpation of ourselves, and he would thence inculpate us. The more
we reflected on this, the more the justice of the observation struck us.
Hamilton and myself came into it--Knox still for the letter--Randolph
half for it, half against it, according to custom.
It was at length agreed I should state the substance of my verbal
observations to Mr. Genet, in a letter to Mr. Morris, and let them be
considered as the answer intended; for being from the Secretary of State,
they might be considered as official, though not in writing.
It is evident that taking this ground for their future justification to
France and to the United States, they were sensible they had censurably
neglected these overtures of treaty; for not only what I had said to
Mr. Genet was without authority from them, but was never communicated
to them till this day. To rest the justification of delay on answers
given, it is true in time; but of which they had no knowledge till now,
is an ostensible justification only.
* * * * *
September the 4th, 1793. At a meeting held some days ago, some letters
from the Governor of Georgia were read, in which a consultation of
officers, and a considerable expedition against the Creeks was proposed.
We were all of opinion no such expedition should be undertaken. My reasons
were that such a war might bring on a Spanish, and even an English war;
that for this reason the aggressions of the Creeks had been laid before
the last Congress, and they had not chosen to declare war, therefore the
Executive should not take on itself to do it; and that according to the
opinions of Pickens and Blount, it was too late in the season.
I thought, however, that a temperate and conciliatory letter should be
written to the Governor, in order that we might retain the disposition
of the people of the State to assist in an expedition when undertaken.
The other gentlemen thought a strong letter of disapprobation should be
written. Such a one was this day produced, strong and reprehendatory
enough, in which I thought were visible the personal enmities of Knox
and Hamilton, against Telfair, Gun, and Jackson--the two last having
been of the council of officers. The letter passed without objection,
being of the complexion before determined.
Wayne's letter was read, proposing that six hundred militia should
set out from Fort Pitt to attack certain Miami towns, while he marched
against the principal towns. The President disapproved it, because of
the difficulty of concerted movements at six hundred miles distance;
because these six hundred men might, and probably would have the whole
force of the Indians to contend with; and because the object was not
worth the risking such a number of men. We all concurred. It appeared
to me, further, that to begin an expedition from Fort Pitt, the very
first order for which is to be given now, when we have reason to believe
Wayne advanced as far as Fort Jefferson, would be either too late for
his movements, or would retard them very injuriously. [_Note._--The
letters from the Commissioners were now read, announcing the refusal of
the Indians to treat, unless the Ohio were made the boundary; and that
they were on their return.]
A letter from Governor Clinton read, informing of his issuing a warrant
to arrest Governor Galbaud, at the request of the French Consul, and
that he was lead to interfere because the judge of the district lived at
Albany. It was proposed to write to the judge of the district, that the
place of his residence was not adapted to his duties; and to Clinton,
that Galbaud was not liable to arrest. Hamilton said, that by the laws
of New York, the Governor has the powers of a justice of peace, and had
issued the warrant as such.
I was against writing letters to judiciary officers. I thought them
independent of the Executive, not subject to its coercion, and, therefore,
not obliged to attend to its admonitions.
The other three were for writing the letters. They thought it the duty
of the President to see that the laws were executed; and if he found a
failure in so important an officer, to communicate it to the legislature
for impeachment.
Edmund Randolph undertook to write the letters, and I am to sign them
as if mine. The President brought forward the subject of the ports, and
thought a new demand of answer should be made to Mr. Hammond. As we had
not Mr. Hammond's last answer (of June 20th) on that subject, agreed to
let it lie over to Monday.
Hammond proposed, that on Monday we should take into consideration the
fortification of the rivers and ports of the United States, and that
though the Executive could not undertake to do it, preparatory surveys
should be made to be laid before Congress, to be considered on Monday.
The letters to Genet covering a copy of mine to Gov. Morris--of ---- to
the French consuls, threatening the revocation of their Exequaturs--to
Mr. Pinckney on the additional instructions of Great Britain to their
navy for shipping our corn, flour, &c., and to Gov. Morris on the similar
order of the French National Assembly, are to be ready on Monday.
My letter to Mr. Hammond, in answer to his of August 30th, was read
and approved. Hamilton wished not to narrow the ground of compensation
so much as to cases after August 7th. Knox joined him, and by several
observations showed he did not know what the question was. He could not
comprehend that the letter of August 7th, which promised compensation
(because we had not used all the means in our power for restricting),
would not be contradicted by a refusal to compensate in cases after
August 7th, where we should naturally use all the means in our power
for restriction, and these means should be insufficient. The letter was
agreed to on Mr. Randolph's opinion and mine; Hamilton acquiescing, Knox
opposing.
* * * * *
At sundry meetings of the Heads of departments and Attorney General,
from the 1st to the 28th of November, 1793, at the President's, several
matters were agreed upon, as stated in the following letters from the
Secretary of State, to wit:--
November the 8th. Circular letter to the representatives of France,
Great Britain, Spain, and the United Netherlands, fixing provisionally
the extent of our jurisdiction into the sea at a sea league.
10th. Circular letter to the district attorneys, notifying the same,
and committing to them the taking depositions in those cases.
10th. Circular to the foreign representatives, notifying how depositions
are to be taken in those cases.
The substance of the preceding letters was agreed to by all; the rough
drafts were submitted to them and approved.
November the 14th. To Mr. Hammond, that the United States are not bound
to restore the Roehampton. This was agreed by all. The rough draught was
submitted to and approved by Colonel Hamilton and Mr. Randolph. General
Knox was on a visit to Trenton.
10th. Letters to Mr. Genet and Hammond, and the 14th to Mr. Hollingsworth,
for taking depositions in the cases of the Conningham and Pilgrim.
13th. Ditto, to Mr. Genet, Hammond, and Bowle, for depositions in the
case of the William.
14th. Ditto, to Hollingsworth, to ascertain whether Mr. Moissonier had
passed sentenced on the Rochampton and Pilgrim.
These last-mentioned letters of the 10th, 13th, and 14th were, as to
their substance, agreed to by all, the draughts were only communicated
to Mr. Randolph, and approved by him.
November the 13th. To Mr. Hammond, inquiring when we shall have an
answer on the inexecution of the treaty. The substance agreed by all.
The letter was sent off without communication, none of the gentlemen
being at Germantown.
22d. To Mr. Genet, returning the commissions of Pennevert and Chervi,
because not addressed to the President.
22d. To Mr. Genet, inquiring whether the Lovely-Lass, Prince William
Henry, and Jane, of Dublin, have been given up; and if not, requiring
that they be restored to owners. These were agreed to by all, as to their
matter, and the letters themselves were submitted before they were sent
to the President, the Secretary of War, and the Attorney-General.
22d. To Mr. Gore, for authentic evidence of Dannery's protest on the
President's revocation of Duplaine's Exequatur. The substance agreed by
all. The letter sent off before communication.
THOMAS JEFFERSON.
HENRY KNOX.
EDMUND RANDOLPH.
ALEXANDER HAMILTON.
November 23d, 1793.
* * * * *
November the 5th, 1793. E. Randolph tells me, that Hamilton, in
conversation with him yesterday, said, "Sir, if all the people in America
were now assembled, and to call on me to say whether I am a friend to
the French revolution, I would declare that _I have it in abhorrence_."
* * * * *
November the 8th, 1793. At a conference at the President's, where I
read several letters of Mr. Genet; on finishing one of them, I asked
what should be the answer? The President thereupon took occasion to
observe, that Mr. Genet's conduct continued to be of so extraordinary a
nature, that he meant to propose to our serious consideration, whether
he should not have his functions discontinued, and be ordered away? He
went lengthily into observations on his conduct, to raise against the
executive, 1, the people; 2, the State governments; 3, the Congress.
He showed he felt the venom of Genet's pen, but declared he would not
choose his insolence should be regarded any further, than as might be
thought to affect the honor of the country. Hamilton and Knox readily
and zealously argued for dismissing Mr. Genet. Randolph opposed it with
firmness, and pretty lengthily. The President replied to him lengthily,
and concluded by saying he did not wish to have the thing hastily decided,
but that we should consider of it, and give our opinions on his return
from Reading and Lancaster.
Accordingly, November the 18th, we met at his house; read new volumes
of Genet's letters, received since the President's departure; then took
up the discussion of the subjects of communication to Congress. 1. The
Proclamation. E. Randolph read the statement he had prepared; Hamilton
did not like it; said much about his own views; that the President had a
right to declare his opinion to our citizens and foreign nations; that
it was not the interest of this country to join in the war, and that
we were under no obligation to join in it; that though the declaration
would not legally bind Congress, yet the President had a right to give
his opinion of it, and he was against any explanation in the speech,
which should yield that he did not intend that foreign nations should
consider it as a declaration of neutrality, future as well as present;
that he understood it as meant to give them that sort of assurance and
satisfaction, and to say otherwise now, would be a deception on them. He
was for the President's using such expressions, as should neither affirm
his right to make such a declaration to foreign nations, nor yield it.
Randolph and myself opposed the right of the President to declare anything
future on the question, shall there or shall there not be war, and that
no such thing was intended; that Hamilton's construction of the effect
of the proclamation, would have been a determination of the question of
the _guarantee_, which we both denied to have intended, and I had at the
time declared the executive incompetent to. Randolph said he meant that
foreign nations should understand it as an intimation of the President's
opinion, that neutrality would be our interest. I declared my meaning to
have been, that foreign nations should understand no such thing; that on
the contrary, I would have chosen them to be doubtful, and to come and
bid for our neutrality. I admitted the President, having received the
nation at the close of Congress in a state of peace, was bound to preserve
them in that state till Congress should meet again, and might proclaim
anything which went no farther. The President declared he never had an
idea that he could bind Congress against declaring war, or that anything
contained in his proclamation could look beyond the first day of their
meeting. His main view was to keep our people in peace; he apologized
for the use of the term neutrality in his answers, and justified it, by
having submitted the first of them (that to the merchants, wherein it
was used) to our consideration, and we had not objected to the term. He
concluded in the end, that Colonel Hamilton should prepare a paragraph
on this subject for the speech, and it should then be considered. We
were here called to dinner.
After dinner, the _renvoi_ of Genet was proposed by himself. I opposed
it on these topics. France, the only nation on earth sincerely our
friend. The measure so harsh a one, that no precedent is produced
where it has not been followed by war. Our messenger has now been gone
eighty-four days; consequently, we may hourly expect the return, and
to be relieved by their revocation of him. Were it now resolved on, it
would be eight or ten days before the matter on which the order should
be founded, could be selected, arranged, discussed, and forwarded. This
would bring us within four or five days of the meeting of Congress.
Would it not be better to wait and see how the pulse of that body, new
as it is, would beat. They are with us now, probably, but such a step
as this may carry many over to Genet's side. Genet will not obey the
order, &c., &c. The President asked me what I would do if Genet sent the
accusation to us to be communicated to Congress, as he threatened in the
letter to Moultrie? I said I would not sent it to Congress; but either
put it in the newspapers, or send it back to him to be published if he
pleased. Other questions and answers were put and returned in a quicker
altercation than I ever before saw the President use. Hamilton was for
the _renvoi_; spoke much of the dignity of the nation; that they were
now to form their character; that our conduct now would tempt or deter
other foreign ministers from treating us in the same manner; touched
on the President's personal feelings; did not believe France would make
it a cause of war; if she did, we ought to do what was right, and meet
the consequences, &c. Knox on the same side, and said he thought it
very possible Mr. Genet would either declare us a department of France,
or levy troops here and endeavor to reduce us to obedience. Randolph
of my opinion, and argued chiefly on the resurrection of popularity to
Genet, which might be produced by this measure. That at present he was
dead in the public opinion, if we would but leave him so. The President
lamented there was not unanimity among us; that as it was, we had left
him exactly where we found him; and so it ended.
* * * * *
November the 21st. We met at the President's. The manner of explaining
to Congress the intentions of the proclamation, was the matter of
debate. Randolph produced his way of stating it. This expressed its
views to have been, 1, to keep our citizens quiet; 2, to intimate to
foreign nations that it was the President's opinion, that the interests
and dispositions of this country were for peace. Hamilton produced his
statement, in which he declared his intention to be, to say nothing
which could be laid hold of for any purpose; to leave the proclamation
to explain itself. He entered pretty fully into all the argumentation
of Pacificus; he justified the right of the President to declare his
opinion for a _future neutrality_, and that there existed no circumstances
to oblige the United States to enter into the war on account of the
guarantee; and that in agreeing to the proclamation, he meant it to be
understood as conveying both those declarations; viz. neutrality, and
that the _casus fœderis_ on the guarantee did not exist. He admitted
the Congress might declare war, notwithstanding these declarations of
the President. In like manner, they might declare war in the face of a
treaty, and in direct infraction of it. Among other positions laid down
by him, this was with great positiveness; that the constitution having
given power to the President and Senate to make treaties, they might
make a treaty of neutrality which should take from Congress the right to
declare war in that particular case, and that under the form of a treaty
they might exercise any powers whatever, even those exclusively given by
the constitution to the House of Representatives. Randolph opposed this
position, and seemed to think that where they undertook to do acts by
treaty, (as to settle a tariff of duties,) which were exclusively given
to the Legislature, that an act of the Legislature would be necessary
to confirm them, as happens in England, when a treaty interferes with
duties established by law. I insisted that in giving to the President
and Senate a power to make treaties, the constitution meant only to
authorize them to carry into effect, by way of treaty, any powers they
might constitutionally exercise. I was sensible of the weak points in
this position, but there were still weaker in the other hypothesis; and
if it be impossible to discover a rational measure of authority to have
been given by this clause, I would rather suppose that the cases which my
hypothesis would leave unprovided, were not thought of by the convention,
or if thought of, could not be agreed on, or were thought of and deemed
unnecessary to be invested in the government. Of this last description,
were treaties of neutrality, treaties offensive and defensive, &c. In
every event, I would rather construe so narrowly as to oblige the nation
to amend, and thus declare what powers they would agree to yield, than
too broadly, and indeed, so broadly as to enable the executive and
Senate to do things which the constitution forbids. On the question,
which form of explaining the principles of the proclamation should be
adopted, I declared for Randolph's, though it gave to that instrument
more objects than I had contemplated. Knox declared for Hamilton's. The
President said he had had but one object, the keeping our people quiet
till Congress should meet; that nevertheless, to declare he did not mean
a declaration of neutrality, in the technical sense of the phrase, might
perhaps be crying _peccavi_ before he was charged. However, he did not
decide between the two draughts.
* * * * *
November the 23d. At the President's. Present, Knox, Randolph, and Th:
Jefferson. Subject, the heads of the speech. One was, a proposition
to Congress to fortify the principal harbors. I opposed the expediency
of the General Government's undertaking it, and the expediency of the
President's proposing it. It was amended, by substituting a proposition
to adopt means for enforcing respect to the jurisdiction of the United
States within its waters. It was proposed to recommend the establishment
of a military academy. I objected that none of the specified powers
given by the constitution to Congress, would authorize this. It was,
therefore, referred for further consideration and inquiry. Knox was for
both propositions. Randolph against the former, but said nothing as to
the latter. The President acknowledged he had doubted of the expediency
of undertaking the former; and as to the latter, though it would be a
good thing, he did not wish to bring on anything which might generate
heat and ill humor. It was agreed that Randolph should draw the speech
and the messages.
* * * * *
November the 28th. Met at the President's. I read over a list of the
papers copying, to be communicated to Congress on the subject of Mr.
Genet. It was agreed that Genet's letter of August the 13th to the
President, mine of August the 16th, and Genet's of November to myself
and the Attorney General, desiring a prosecution of Jay and King should
not be sent to the legislature: on a general opinion, that the discussion
of the fact certified by Jay and King had better be left to the channel
of the newspapers, and in the private hands in which it now is, than
for the President to meddle in it, or give room to a discussion of it
in Congress.
Randolph had prepared a draught of the speech. The clause recommending
fortifications was left out; but that for a military academy was inserted.
I opposed it, as unauthorized by the constitution. Hamilton and Knox
approved it without discussion. Randolph was for it, saying that the
words of the constitution authorizing Congress to lay taxes, &c., _for
the common defence_, might comprehend it. The President said he would
not choose to recommend anything against the constitution, but if it
was _doubtful_, he was so impressed with the necessity of this measure,
that he would refer it to Congress, and let them decide for themselves
whether the constitution authorized it or not. It was, therefore, left
in. I was happy to see that Randolph had, by accident, used the expression
"our republic," in the speech. The President, however, made no objection
to it, and so, as much as it had disconcerted him on a former occasion
with me, it was now put into his own mouth to be pronounced to the two
Houses of legislature.
No material alterations were proposed or made in any part of the draught.
After dinner, I produced the draught of messages on the subject of France
and England, proposing that that relative to Spain should be subsequent
and secret.
Hamilton objected to the draught _in toto_; said that the contrast drawn
between the conduct of France and England amounted to a declaration of
war; he denied that France had ever done us favors; that it was mean
for a nation to acknowledge favors; that the dispositions of the people
of this country towards France, he considered as a serious calamity;
that the executive ought not, by an echo of this language, to nourish
that disposition in the people; that the offers in commerce made us
by France, were the offspring of the moment, of circumstances which
would not last, and it was wrong to receive as permanent, things merely
temporary; that he could demonstrate that Great Britain showed us more
favors than France. In complaisance to him I whittled down the expressions
without opposition; struck out that of "favors ancient and recent" from
France; softened some terms, and omitted some sentiments respecting Great
Britain. He still was against the whole, but insisted that, at any rate,
it should be a secret communication, because the matters it stated were
still depending. These were, 1, the inexecution of the treaty; 2, the
restraining our commerce to their own ports and those of their friends.
Knox joined Hamilton in everything. Randolph was for the communications;
that the documents respecting the first should be given in as public; but
that those respecting the second should not be given to the legislature
at all, but kept secret. I began to tremble now for the whole, lest all
should be kept secret. I urged, especially, the duty now incumbent on
the President, to lay before the legislature and the public what had
passed on the inexecution of the treaty, since Mr. Hammond's answer of
this month might be considered as the last we should ever have; that,
therefore, it could no longer be considered as a negotiation pending. I
urged that the documents respecting the stopping our corn ought also to
go, but insisted that if it should be thought better to withhold them, the
restrictions should not go to those respecting the treaty; that neither
of these subjects was more in a state of _pendency_ than the recall of
Mr. Genet, on which, nevertheless, no scruples had been expressed. The
President took up the subject with more vehemence than I have seen him
show, and decided without reserve, that not only what had passed on the
inexecution of the treaty should go in as public, (in which Hamilton
and Knox had divided in opinion from Randolph and myself,) but also that
those respecting the stopping our corn should go in as public, (wherein,
Hamilton, Knox, and Randolph had been against me.) This was the first
instance I had seen of his deciding on the opinion of one against that
of three others, which proved his own to have been very strong.
* * * * *
December the 1st, 1793. Beckley tells me he had the following fact from
Lear. Langdon, Cabot, and some others of the Senate, standing in a knot
before the fire after the Senate had adjourned, and growling together
about some measure which they had just lost; "Ah!" said Cabot, "things
will never go right till you have a President for life, and an hereditary
Senate." Langdon told this to Lear, who mentioned it to the President.
The President seemed struck with it, and declared he had not supposed
there was a man in the United States who could have entertained such an
idea.
* * * * *
March the 2d, 1797. I arrived at Philadelphia to qualify as
Vice-President, and called instantly on Mr. Adams, who lodged at
Francis's, in Fourth street. The next morning he returned my visit at Mr.
Madison's, where I lodged. He found me alone in my room, and shutting the
door himself, he said he was glad to find me alone, for that he wished
a free conversation with me. He entered immediately on an explanation
of the situation of our affairs with France, and the danger of rupture
with that nation, a rupture which would convulse the attachments of
this country; that he was impressed with the necessity of an immediate
mission to the Directory; that it would have been the first wish of
his heart to have got me to go there, but that he supposed it was out
of the question, as it did not seem justifiable for him to send away
the person destined to take his place in case of accident to himself,
nor decent to remove from competition one who was a rival in the public
favor. That he had, therefore, concluded to send a mission, which, by
its dignity, should satisfy France, and by its selection from the three
great divisions of the continent, should satisfy all parts of the United
States; in short, that he had determined to join Gerry and Madison to
Pinckney, and he wished me to consult Mr. Madison for him. I told him
that as to myself, I concurred in the opinion of the impropriety of my
leaving the post assigned me, and that my inclinations, moreover, would
never permit me to cross the Atlantic again; that I would, as he desired,
consult Mr. Madison, but I feared it was desperate, as he had refused
that mission on my leaving it, in General Washington's time, though it
was kept open a twelvemonth for him. He said that if Mr. Madison should
refuse, he would still appoint him, and leave the responsibility on him.
I consulted Mr. Madison, who declined as I expected. I think it was on
Monday the 6th of March, Mr. Adams and myself met at dinner at General
Washington's, and we happened, in the evening, to rise from table and
come away together. As soon as we got into the street, I told him the
event of my negotiation with Mr. Madison. He immediately said, that,
on consultation, some objections to that nomination had been raised
which he had not contemplated; and was going on with excuses which
evidently embarrassed him, when we came to Fifth street, where our road
separated, his being down Market street, mine off along Fifth, and we
took leave; and he never after that said one word to me on the subject,
or ever consulted me as to any measures of the government. The opinion
I formed at the time on this transaction, was, that Mr. Adams, in the
first moments of the enthusiasm of the occasion, (his inauguration,)
forgot party sentiments, and as he never acted on any system, but was
always governed by the feeling of the moment, he thought, for a moment,
to steer impartially between the parties; that Monday, the 6th of March,
being the first time he had met his cabinet, on expressing ideas of this
kind, he had been at once diverted from them, and returned to his former
party views.
* * * * *
July, 1797. Murray is rewarded for his services by an appointment to
Amsterdam; W. Smith of Charleston, to Lisbon.
* * * * *
August the 24th. About the time of the British treaty, Hamilton and
Talleyrand, bishop of Autun, dined together, and Hamilton drank freely.
Conversing on the treaty, Talleyrand says, "mais vraiment Monsieur
Hamilton, ce n'est pas _bien honnete_, after making the Senate ratify
the treaty, to advise the President to reject it." "The treaty," says
Hamilton, "is an execrable one, and Jay was an old woman for making it;
but the whole credit of saving us from it must be given to the President."
After circumstances had led to a conclusion that the President also must
ratify it, he said to the same Talleyrand, "though the treaty is a most
execrable one, yet when once we have come to a determination on it, we
must carry it through thick and thin, right or wrong." Talleyrand told
this to Volney, who told it to me.
There is a letter now appearing in the papers, from Pickering to Monroe,
dated July the 24th, 1797, which I am satisfied is written by Hamilton.
He was in Philadelphia at that date.
* * * * *
December the 26th, 1797. Langdon tells me, that at the second election
of President and Vice-President of the United States, when there was a
considerable vote given to Clinton in opposition to Mr. Adams, he took
occasion to remark it in conversation in the Senate chamber with Mr.
Adams, who, gritting his teeth, said, "damn 'em, damn 'em, damn 'em, you
see that an elective government will not do." He also tells me that Mr.
Adams, in a late conversation, said, "republicanism must be disgraced,
Sir." The Chevalier Yruho called on him at Braintree, and conversing on
French affairs, and Yruho expressing his belief of their stability, in
opposition to Mr. Adams, the latter lifting up and shaking his finger
at him, said, "I'll tell you what, the French republic will not last
three months." This I had from Yruho.
Harper, lately in a large company, was saying that the best thing the
friends of the French could do, was to pray for the restoration of
their monarch. "Then," says a bystander, "the best thing we could do,
I suppose, would be to pray for the establishment of a monarch in the
United States." "Our people," says Harper, "are not yet ripe for it, but
it is the best thing we can come to, and we shall come to it." Something
like this was said in presence of Findlay. He now denies it in the public
papers, though it can be proved by several members.
* * * * *
December the 27th. Tenche Coxe tells me, that a little before Hamilton
went out of office, or just as he was going out, taking with him his
last conversation, and among other things, on the subject of their
differences, "for my part," says he, "I avow myself a monarchist; I have
no objection to a trial being made of this thing of a republic, but," &c.
* * * * *
January the 5th. 1798. I receive a very remarkable fact indeed in our
history, from Baldwin and Skinner. Before the establishment of our present
government, a very extensive combination had taken place in New York and
the eastern States, among that description of people who were partly
monarchical in principle, or frightened with Shay's rebellion and the
impotence of the old Congress. Delegates in different places had actually
had consultations on the subject of seizing on the powers of a government,
and establishing them by force; had corresponded with one another, and
had sent a deputy to General Washington to solicit his co-operation. He
refused to join them. The new convention was in the meantime proposed by
Virginia and appointed. These people believed it impossible the States
should ever agree on a government, as this must include the impest and
all the other powers which the States had, a thousand times, refused to
the general authority. They therefore let the proposed convention go on,
not doubting its failure, and confiding that on its failure would be a
still more favorable moment for their enterprise. They therefore wished
it to fail, and especially, when Hamilton, their leader, brought forward
his plan of government, failed entirely in carrying it, and retired in
disgust from the convention. His associates then took every method to
prevent any form of government being agreed to. But the well-intentioned
never ceased trying, first one thing, then another, till they could get
something agreed to. The final passage and adoption of the constitution
completely defeated the views of the combination, and saved us from an
attempt to establish a government over us by force. This fact throws a
blaze of light on the conduct of several members from New York and the
eastern States in the convention of Annapolis, and the grand convention.
At that of Annapolis, several eastern members most vehemently opposed
Madison's proposition for a more general convention, with more general
powers. They wished things to get more and more into confusion, to
justify the violent measure they proposed. The idea of establishing a
government by reasoning and agreement, they publicly ridiculed as an
Utopian project, visionary and unexampled.
* * * * *
February the 6th, 1798. Mr. Baldwin tells me that in a conversation
yesterday with Goodhue, on the state of our affairs, Goodhue said, "I'll
tell you what, I have made up my mind on this subject; I would rather the
old ship should go down than not;" (meaning the Union of the States.) Mr.
Hillhouse coming up, "well," says Mr. Baldwin, "I'll tell my old friend
Hillhouse what you say;" and he told him. "Well," says Goodhue, "I repeat
that I would rather the old ship should go down, if we are to be always
kept pumping so." "Mr. Hillhouse," says Baldwin, "you remember when we
were learning logic together at school, there was the case _categorical_
and the case _hypothetical_. Mr. Goodhue stated it to me first as the
case categorical. I am glad to see that he now changes it to the case
hypothetical, by adding, 'if we are always to be kept pumping so.'"
Baldwin went on then to remind Goodhue what an advocate he had been for
our tonnage duty, wanting to make it one dollar instead of fifty cents;
and how impatiently he bore the delays of Congress in proceeding to
retaliate on Great Britain before Mr. Madison's propositions came on.
Goodhue acknowledged that his opinions had changed since that.
* * * * *
February the 15th, 1798. I dined this day with Mr. Adams, (the President.)
The company was large. After dinner I was sitting next to him, and our
conversation was first on the enormous price of labor,[12] house rent,
and other things. We both concurred in ascribing it chiefly to the floods
of bank paper now afloat, and in condemning those institutions. We then
got on the constitution; and in the course of our conversation he said,
that no republic could ever last which had not a Senate, and a Senate
deeply and strongly rooted, strong enough to bear up against all popular
storms and passions; that he thought our Senate as well constituted
as it could have been, being chosen by the legislatures; for if these
could not support them, he did not know what could do it; that perhaps
it might have been as well for them to be chosen by the State at large,
as that would insure a choice of distinguished men, since none but such
could be known to a whole people; that the only fault in our Senate
was, that it was not durable enough; that hitherto, it had behaved very
well; however, he was afraid they would give way in the end. That as to
trusting to a popular assembly for the preservation of our liberties, it
was the merest chimera imaginable; they never had any rule of decision
but their own will; that he would as lieve be again in the hands of our
old committees of safety, who made the law and executed it at the same
time; that it had been observed by some writer, (I forget whom he named,)
that anarchy did more mischief in one night, than tyranny in an age; and
that in modern times we might say with truth, that in France, anarchy
had done more harm in one night, than all the despotism of their Kings
had ever done in twenty or thirty years. The point in which he views
our Senate, as the colossus of the constitution, serves as a key to the
politics of the Senate, who are two-thirds of them in his sentiments,
and accounts for the bold line of conduct they pursue.
* * * * *
March the 1st. Mr. Tazewell tells me, that when the appropriations
for the British treaty were on the carpet, and very uncertain in the
lower House, there being at that time a number of bills in the hands
of committees of the Senate, none reported, and the Senate idle for
want of them, he, in his place, called on the committees to report, and
particularly on Mr. King, who was of most of them. King said that it
was true the committees kept back their reports, waiting the event of
the question about appropriation; that if that was not carried, they
considered legislation as at an end; that they might as well break up
and consider the Union as dissolved. Tazewell expressed his astonishment
at these ideas, and called on King to know if he had misapprehended him.
King rose again and repeated the same words. The next day, Cabot took
an occasion in debate, and so awkward a one as to show it was a thing
agreed to be done, to repeat the same sentiments in stronger terms, and
carried further, by declaring a determination on their side to break up
and dissolve the government.
* * * * *
March the 11th. In conversation with Baldwin, and Brown of Kentucky,
Brown says that in a private company once, consisting of Hamilton, King,
Madison, himself, and some one else making a fifth, speaking of the
"_federal government_;" "Oh!" says Hamilton, "say the _federal monarchy_,
let us call things by their right names, for a monarchy it is."
Baldwin mentions at table the following fact: When the bank bill was
under discussion in the House of Representatives, Judge Wilson came in,
and was standing by Baldwin. Baldwin reminded him of the following fact
which passed in the grand convention: Among the enumerated powers given
to Congress, was one to erect corporations. It was, on debate, struck
out. Several particular powers were then proposed. Among others, Robert
Morris proposed to give Congress a power to establish a national bank.
Gouverneur Morris opposed it, observing that it was extremely doubtful
whether the constitution they were framing could ever be passed at all
by the people of America; that to give it its best chance, however, they
should make it as palatable as possible, and put nothing into it not
very essential, which might raise up enemies; that his colleague (Robert
Morris) well knew that "a bank" was, in their State, (Pennsylvania,)
the very watch-word of party; that _a bank_ had been the great bone of
contention between the two parties of the State from the establishment
of their constitution, having been erected, put down, and erected again,
as either party preponderated; that therefore, to insert this power,
would instantly enlist against the whole instrument, the whole of the
anti-bank party in Pennsylvania. Whereupon it was rejected, as was every
other special power, except that of giving copyrights to authors, and
patents to inventors; the general power of incorporating being whittled
down to this shred. Wilson agreed to the fact.
Mr. Hunter, of South Carolina, who lodges with Rutledge,[13] tells me
that Rutledge was explaining to him the plan they proposed to pursue as
to war measures when Otis came in. Rutledge addressed Otis. Now, sir,
says he, you must come forward with something liberal for the southern
States, fortify their harbors, and build gallies, in order to obtain
their concurrence. Otis said, we insist on convoys for our European
trade, and _guarda costas_, on which condition alone we will give them
gallies and fortifications. Rutledge observed, that in the event of war,
McHenry and Pickering must go out; Wolcott, he thought, might remain,
but the others were incapable of conducting a war. Otis said the eastern
people would never abandon Pickering, he must be retained; McHenry might
go. They considered together whether General Pinckney would accept the
office of Secretary of War. They apprehended he would not. It was agreed
in this conversation that Sewall had more the ear of the President than
any other person.
* * * * *
March the 12th. When the bill for appropriations was before the
Senate, Anderson moved to strike out a clause recognizing (by way
of appropriation) the appointment of a committee by the House of
Representatives to sit during their recess to collect evidence on Blount's
case, denying they had power, but by a law, to authorize a committee to
sit during recess. Tracy advocated the motion, and said, "We may as well
speak out. The committee was appointed by the House of Representatives to
take care of the British minister, to take care of the Spanish minister,
to take care of the Secretary of State, in short, to take care of the
President of the United States. They were afraid the President and
Secretary of State would not perform the office of collecting evidence
faithfully; that there would be collusion, &c. Therefore, the House
appointed a committee of their own. We shall have them next sending
a committee to Europe to make a treaty, &c. Suppose that the House of
Representatives should resolve, that after the adjournment of Congress,
they should continue to sit as a committee of the whole House during
the whole recess." This shows how the appointment of that committee has
been viewed by the President's friends.
* * * * *
April the 5th. Doctor Rush tells me he had it from Mrs. Adams, that not
a scrip of a pen has passed between the late and present President since
he came into office.
* * * * *
April the 13th. New instructions of the British government to their
armed ships now appear, which clearly infringe their treaty with us,
by authorizing them to take our vessels carrying produce of the French
colonies from those colonies to Europe, and to take vessels bound to a
blockaded port. See them in Brown's paper, of April the 18th, in due form.
The President has sent a government brig to France, probably to carry
despatches. He has chosen as the bearer of these one Humphreys, the son
of a ship carpenter, ignorant, under age, not speaking a word of French,
most abusive of that nation, whose only merit is, the having mobbed and
beaten Bache on board the frigate built here, for which he was indicted
and punished by fine.
* * * * *
April the 25th. At a dinner given by the bar to the federal judges, Chase
and Peters, present about twenty-four lawyers, and William Tilghman in
the chair, this toast was given, "Our _King_ in old England." Observe
the double _entendre_ on the word King. Du Ponceau, who was one of the
bar present, told this to Tenche Coxe, who told me in presence of H.
Tazewell. Dallas was at the dinner; so was Colonel Charles Sims, of
Alexandria, who is here on a lawsuit _vs._ General Irving.
* * * * *
May the 3d. The President some time ago appointed Steele, of Virginia, a
commissioner to the Indians, and recently Secretary of the Mississippi
Territory. Steele was a Counsellor of Virginia, and was voted out by
the Assembly because he turned tory. He then offered for Congress, and
was rejected by the people. Then offered for the Senate of Virginia,
and was rejected. The President has also appointed Joseph Hopkinson
commissioner to make a treaty with the Oneida Indians. He is a youth
of about twenty-two or twenty-three, and has no other claims to such
an appointment than extreme toryism, and the having made a poor song to
the tune of the President's March.
* * * * *
October the 13th, 1798. Littlepage, who has been on one or two missions
from Poland to Spain, said that when Gardoqui returned from America, he
settled with his court an account of secret service money of six hundred
thousand dollars. _Ex-relatione_ Colonel Monroe.
* * * * *
January, 1799. In a conversation between Dr. Ewen and the President, the
former said one of his sons was an aristocrat, the other a democrat. The
President asked if it was not the youngest who was the democrat. "Yes,"
said Ewen. "Well," said the President, "a boy of fifteen who is not a
democrat is good for nothing, and he is no better who is a democrat at
twenty." Ewen told Hurt, and Hurt told me.
* * * * *
January the 14th. Logan tells me that in his conversation with Pickering
on his arrival, the latter abused Gerry very much; said he was a traitor
to his country, and had deserted the post to which he was appointed; that
the French temporized at first with Pinckney, but found him too much
of a man for their purpose. Logan observing, that notwithstanding the
pacific declarations of France, it might still be well to keep up the
military ardor of our citizens, and to have the militia in good order;
"the militia," said Pickering, "the militia never did any good to this
country, except in the single affair of Bunker Hill; that we must have a
standing army of fifty thousand men, which being stationed in different
parts of the continent, might serve as rallying points for the militia,
and so render them of some service." In his conversation with Mr. Adams,
Logan mentioned the willingness of the French to treat with Gerry. "And
do you know why," said Mr. Adams. "Why, sir?" said Logan. "Because,"
said Mr. Adams, "they know him to have been an anti-federalist, against
the constitution."
* * * * *
January the 2d, 1800. Information from Tenche Coxe. Mr. Liston had
sent two letters to the Governor of Canada by one Sweezy. He had sent
copies of them, together with a third (original) by one Cribs. Sweezy
was arrested (being an old horse thief), and his papers examined. T.
Coxe had a sight of them. As soon as a rumor got out that there were
letters of Mr. Liston disclosed, but no particulars yet mentioned, Mr.
Liston suspecting that _Cribs_ had betrayed him, thought it best to
bring all his _three_ letters, and lay them before Pickering, Secretary
of State. Pickering thought them all very innocent. In his office they
were seen by a Mr. Hodgen of New Jersey, commissary of military stores,
and the intimate friend of Pickering. It happens that there is some land
partnership between Pickering, Hodgen and Coxe, so that the latter is
freely and intimately visited by Hodgen, who, moreover, speaks freely
with him on political subjects. They were talking the news of the day,
when Mr. Coxe observed that these intercepted letters of Liston were
serious things; (nothing being yet out but a general rumor.) Hodgen
asked which he thought the most serious. Coxe said the second; (for he
knew yet of no other.) Hodgen said he thought little of any of them,
but that the third was the most exceptionable. This struck Coxe, who,
not betraying his ignorance of a third letter, asked generally what
part of that he alluded to. Hodgen said to that wherein he _assured the
Governor of Canada, that if the French invaded Canada, an army would
be marched from these States to his assistance_. After this it became
known that it was Sweezy who was arrested, and not Cribs; so that Mr.
Liston had made an unnecessary disclosure of his third letter to Mr.
Pickering, who, however, keeps his secret for him. In the beginning of
the conversation between Hodgen and Coxe, Coxe happened to name Sweezy
as the bearer of the letters. "That's not his name," says Hodgen (for
he did not know that two of the letters had been sent by Sweezy also),
"his name is Cribs." This put Coxe on his guard, and sent him fishing
for the new matter.
* * * * *
January the 10th. Doctor Rush tells me that he had it from Samuel Lyman,
that during the X Y Z Congress, the federal members held the largest
caucus they have ever had, at which he was present, and the question was
proposed and debated, whether they should declare war against France,
and determined in the negative. Lyman was against it.
He tells me, that Mr. Adams told him, that when he came on in the fall to
Trenton, he was there surrounded constantly by the opponents of the late
mission to France. That Hamilton pressing him to delay it, said, "Why,
sir, by Christmas, Louis the XVIII. will be seated on his throne." Mr.
A. "By whom?" H. "By the coalition." Mr. A. "Ah! then farewell to the
independence of Europe. If a coalition moved by the finger of England,
is to give a government to France, there is an end to the independence
of every country."
* * * * *
January the 12th. General Samuel Smith says that Pickering, Wolcott,
and McHenry, wrote a joint letter from Trenton to the President, then at
Braintree, dissuading him from the mission to France. Stoddard refused
to join in it. Stoddard says the instructions are such, that if the
Directory have any disposition to reconciliation, a treaty will be made.
He observed to him, also, that Ellsworth looks beyond this mission to
the Presidential chair. That with this view, he will endeavor to make
a treaty, and a good one. That Davie has the same vanity and views. All
this communicated by Stoddard to S. Smith.
* * * * *
January the 13th. Baer and Harrison G. Otis told J. Nicholas, that in
the caucus mentioned ante 10th, there wanted but five votes to produce
a declaration of war. Baer was against it.
* * * * *
January the 19th. W. C. Nicholas tells me, that in a conversation with
Dexter three or four days ago, he asked Dexter whether it would not be
practicable for the States to agree on some uniform mode of choosing
electors of President. Dexter said, "I suppose you would prefer an
election by districts." "Yes," said Nicholas, "I think it would be
best; but would nevertheless agree to any other consistent with the
constitution." Dexter said he did not know what might be the opinion of
his State, but his own was, that no mode of _election_ would answer any
good purpose; that he should prefer one _for life_. "On that reasoning,"
said Nicholas, "you should prefer an hereditary one." "No," he said,
"we are not ripe for that yet. I suppose," added he, "this doctrine is
not very popular with you." "No," said Nicholas, "it would effectually
damn any man in my State." "So it would in mine," said Dexter; "but
I am under no inducement to belie my sentiment, I have nothing to ask
from anybody; I had rather be at home than here, therefore I speak my
sentiments freely." Mr. Nicholas, a little before or after this, made
the same proposition of a uniform election to Ross, who replied that he
saw no good in any kind of election. "Perhaps," said he, "the present
one may last awhile." On the whole, Mr. Nicholas thinks he perceives in
that party, a willingness and a wish to let everything go from bad to
worse, to amend nothing, in hopes it may bring on confusion, and open a
door to the kind of government they wish. In a conversation with Gunn,
who goes with them, but thinks in some degree with us, Gunn told him
that the very game which the minority of Pennsylvania is now playing with
McKean, (see substitute of minority in lower House, and address of Senate
in upper,) was meditated by the same party in the federal government,
in case of the election of a republican President; and that the eastern
States would in that case throw things into confusion, and break the
Union. That they have in a great degree got rid of their paper, so as no
longer to be creditors, and the moment they cease to enjoy the plunder
of the immense appropriations now exclusively theirs, they would aim at
some other order of things.
* * * * *
January the 24th. Mr. Smith, a merchant of Hamburg, gives me the following
information: The St. Andrew's Club of New York, (all of Scotch tories,)
gave a public dinner lately. Among other guests, Alexander Hamilton was
one. After dinner, the first toast was, "The President of the United
States." It was drank without any particular approbation. The next
was, "George the Third." Hamilton started up on his feet, and insisted
on a bumper and three cheers. The whole company accordingly rose and
gave the cheers. One of them, though a federalist, was so disgusted
at the partiality shown by Hamilton to a foreign sovereign over his
own President, that he mentioned it to a Mr. Schwarthouse, an American
merchant of New York, who mentioned it to Smith.
Mr. Smith also tells me, that calling one evening on Mr. Evans, then
Speaker of the House of Representatives of Pennsylvania, and asking
the news, Evans said, Harper had been just there, and speaking of the
President's setting out to Braintree, said, "he prayed to God that his
horses might run away with him, or some other accident happen to break
his neck before he reached Braintree." This was indignation at his having
named Murray, &c., to negotiate with France. Evans approved of the wish.
* * * * *
February the 1st. Doctor Rush tells me that he had it from Asa Green,
that when the clergy addressed General Washington on his departure from
the government, it was observed in their consultation, that he had never,
on any occasion, said a word to the public which showed a belief in the
Christian religion, and they thought they should so pen their address,
as to force him at length to declare publicly whether he was a Christian
or not. They did so. However, he observed, the old fox was too cunning
for them. He answered every article of their address particularly except
that, which he passed over without notice. Rush observes, he never did
say a word on the subject in any of his public papers, except in his
valedictory letter to the Governors of the States, when he resigned his
commission in the army, wherein he speaks of "the benign influence of
the Christian religion."
I know that Gouverneur Morris, who pretended to be in his secrets and
believed himself to be so, has often told me that General Washington
believed no more of that system than he himself did.
* * * * *
March, 1800. Heretical doctrines maintained in Senate, on the motion
against the Aurora. That there is in every legal body of men a right of
self-preservation, authorizing them to do whatever is necessary for that
purpose: by Tracy, Read, and Lawrence. That the common law authorizes
the proceeding proposed against the Aurora, and is in force here: by
Read. That the privileges of Congress are and ought to be indefinite:
by Read.
Tracy says, he would not say exactly that the common law of England in
all its extent is in force here; but common sense, reason and morality,
which are the foundations of the common law, are in force here, and
establish a common law. He held himself so nearly half way between the
common law of England and what everybody else has called natural law,
and not common law, that he could hold to either the one or the other,
as he should find expedient.
Dexter maintained that the common law, as to crimes, is in force in the
United States.
Chipman says, that the principles of common right are common law.
* * * * *
March the 11th. Conversing with Mrs. Adams on the subject of the writers
in the newspapers, I took occasion to mention that I never in my life
had, directly or indirectly, written one sentence for a newspaper; which
is an absolute truth. She said that Mr. Adams, she believed, had pretty
well ceased to meddle in the newspapers, since he closed the pieces on
Davila. This is the first direct avowal of that work to be his, though
long and universally understood to be so.
* * * * *
March the 14th. Freneau, in Charleston, had the printing of the laws
in his paper. He printed a pamphlet of Pinckney's letters on Robbins'
case. Pickering has given the printing of the laws to the tory paper of
that place, though not of half the circulation. The printing amounted
to about one hundred dollars a year.
* * * * *
March the 24th. Mr. Perez Morton of Massachusetts tells me that Thatcher,
on his return from the war Congress, declared to him he had been for a
declaration of war against France, and many others also; but that on
counting noses they found they could not carry it, and therefore did
not attempt it.
* * * * *
March the 27th. Judge Breckenridge gives me the following information:
He and Mr. Ross were originally very intimate; indeed, he says, he found
him keeping a little Latin school, and advised and aided him in the
study of law, and brought him forward. After Ross became a Senator, and
particularly at the time of the western insurrection, they still were in
concert. After the British treaty, Ross, on his return, informed him there
was a party in the United States who wanted to overturn the government,
who were in league with France; that France, by a secret article of treaty
with Spain was to have Louisiana; and that Great Britain was likely to be
our best friend and dependence. On this information, he, Breckenridge,
was induced to become an advocate for the British treaty. During this
intimacy with Ross, he says, that General Collot, in his journey to the
western country, called on him, and he frequently led Breckenridge into
conversations on their grievances under the government, and particularly
the western expedition; that he spoke to him of the advantages that
country would have in joining France when she should hold Louisiana;
showed him a map he had drawn of that part of the country; pointed out
the passes in the mountain, and the facility with which they might hold
them against the United States, and with which France could support
them from New Orleans. He says, that in these conversations, Collot let
himself out with common prudence. He says, Michaud, (to whom I, at the
request of Genet, had given a letter of introduction to the Governor of
Kentucky as a botanist, which was his real profession,) called on him;
that Michaud had a commissary's commission for the expedition, which
Genet had planned from that quarter against the Spaniards; that ----, the
late Spanish commandant of St. Genevieve, with one Powers, an Englishman,
called on him. That from all these circumstances, together with Ross'
stories, he did believe that there was a conspiracy to deliver our
country, or some part of it at least, to the French; that he made notes
of what passed between himself and Collot and the others, and lent them
to Mr. Ross, who gave them to the President, by whom they were deposited
in the office of the Board of War; that when he complained to Ross of
this breach of confidence, he endeavored to get off by compliments on
the utility and importance of his notes. They now cooled towards each
other; and his opposition to Ross's election as Governor has separated
them in truth, though not entirely to appearance.
Doctor Rush tells me, that within a few days he has heard a member
of Congress lament our separation from Great Britain, and express his
sincere wishes that we were again dependent on her.
* * * * *
December the 25th, 1800. Colonel Hitchburn tells me what Col. Monroe
had before told me of, as coming from Hitchburn. He was giving me the
characters of persons in Massachusetts. Speaking of Lowell, he said he
was, in the beginning of the Revolution, a timid whig, but as soon as he
found we were likely to prevail, he became a great office hunter. And
in the very breath of speaking of Lowell, he stopped: says he, I will
give you a piece of information which I do not venture to speak of to
others. There was a Mr. Hale in Massachusetts, a reputable, worthy man,
who becoming a little embarrassed in his affairs, I aided him, which
made him very friendly to me. He went to Canada on some business. The
Governor there took great notice of him. On his return, he took occasion
to mention to me that he was authorized by the Governor of Canada to give
from three to five thousand guineas each to himself and some others,
to induce them, not to do anything to the injury of their country, but
to befriend a good connection between England and it. Hitchburn said he
would think of it, and asked Hale to come and dine with him to-morrow.
After dinner he drew Hale fully out. He told him he had his doubts, but
particularly, that he should not like to be alone in such a business. On
that, Hale named to him four others who were to be engaged, two of whom,
said Hitchburn, are now dead, and two living. Hitchburn, when he had got
all he wanted out of Hale, declined in a friendly way. But he observed
those four men, from that moment, to espouse the interests of England
in every point and on every occasion. Though he did not name the men
to me, yet as the speaking of Lowell was what brought into his head to
tell me this anecdote, I concluded he was one. From other circumstances
respecting Stephen Higginson, of whom he spoke, I conjectured him to be
the other living one.
* * * * *
December the 26th. In another conversation, I mentioned to Colonel
Hitchburn, that though he had not named names, I had strongly suspected
Higginson to be one of Hale's men. He smiled and said, if I had strongly
suspected any man wrongfully from his information, he would undeceive
me; that there were no persons he thought more strongly to be suspected
himself, than Higginson and Lowell. I considered this as saying they
were the men. Higginson is employed in an important business about our
navy.
* * * * *
February the 12th, 1801. Edward Livingston tells me, that Bayard applied
to-day or last night to General Samuel Smith, and represented to him
the expediency of his coming over to the States who vote for Burr, that
there was nothing in the way of appointment which he might not command,
and particularly mentioned the Secretaryship of the Navy. Smith asked
him if he was authorized to make the offer. He said he was authorized.
Smith told this to Livingston, and to W. C. Nicholas who confirms it
to me. Bayard in like manner tempted Livingston, not by offering any
particular office, but by representing to him his, Livingston's, intimacy
and connection with Burr; that from him he had everything to expect, if he
would come over to him. To Doctor Linn of New Jersey, they have offered
the government of New Jersey. See a paragraph in Martin's Baltimore
paper of February the 10th, signed, "A LOOKER ON," stating an intimacy
of views between Harper and Burr.
* * * * *
February the 14th. General Armstrong tells me, that Gouverneur Morris,
in conversation with him to-day on the scene which is passing, expressed
himself thus. "How comes it," says he, "that Burr who is four hundred
miles off, (at Albany,) has agents here at work with great activity,
while Mr. Jefferson, who is on the spot, does nothing?" This explains
the ambiguous conduct of himself and his nephew, Lewis Morris, and that
they were holding themselves free for a prize; _i. e._, some office,
either to the uncle or nephew.
* * * * *
February the 16th. See in the Wilmington Mirror of February the 14th, Mr.
Bayard's elaborate argument to prove that the common law, as modified
by the laws of the respective States at the epoch of the ratification
of the constitution, attached to the courts of the United States.
* * * * *
June the 23d, 1801. Andrew Ellicot tells me, that in a conversation
last summer with Major William Jackson of Philadelphia, on the subject
of our intercourse with Spain, Jackson said we had managed our affairs
badly; that he himself was the author of the papers against the Spanish
ministers signed Americanus; that his object was irritation; that he
was anxious, if it could have been brought about, to have plunged us in
a war with Spain, that the people might have been occupied with that,
and not with the conduct of the administration, and other things they
had no business to meddle with.
* * * * *
December the 13th, 1803. The Reverend Mr. Coffin of New England, who
is now here soliciting donations for a college in Greene county, in
Tennessee, tells me that when he first determined to engage in this
enterprise, he wrote a paper recommendatory of the enterprise, which
he meant to get signed by clergymen, and a similar one for persons in
a civil character, at the head of which he wished Mr. Adams to put his
name, he being then President, and the application going only for his
name, and not for a donation. Mr. Adams, after reading the paper and
considering, said, "he saw no possibility of continuing the union of
the States; that their dissolution must necessarily take place; that he
therefore saw no propriety in recommending to New England men to promote
a literary institution in the south; that it was in fact giving strength
to those who were to be their enemies; and, therefore, he would have
nothing to do with it."
* * * * *
December the 31st. After dinner to-day, the pamphlet on the conduct of
Colonel Burr being the subject of conversation, Matthew Lyon noticed
the insinuations against the republicans at Washington, pending the
Presidential election, and expressed his wish that everything was spoken
out which was known; that it would then appear on which side there was
a bidding for votes, and he declared that John Brown of Rhode Island,
urging him to vote for Colonel Burr, used these words: "What is it you
want, Colonel Lyon? Is it office, is it money? Only say what you want,
and you shall have it."
* * * * *
January the 2d, 1804. Colonel Hitchburn of Massachusetts, reminding me
of a letter he had written me from Philadelphia, pending the Presidential
election, says he did not therein give the details. That he was in company
at Philadelphia with Colonel Burr and * * * * * that in the course of
the conversation on the election, Colonel Burr said, "we must have a
President, and a constitutional one, in some way." "How is it to be
done," says Hitchburn; "Mr. Jefferson's friends will not quit him, and
his enemies are not strong enough to carry another." "Why," says Burr,
"our friends must join the federalists, and give the President." The next
morning at breakfast, Colonel Burr repeated nearly the same, saying, "we
cannot be without a President, our friends must join the federal vote."
"But," says Hitchburn, "we shall then be without a Vice-President; who
is to be our Vice-President?" Colonel Burr answered, "Mr. Jefferson."
* * * * *
January the 26th. Colonel Burr, the Vice-President, calls on me in the
evening, having previously asked an opportunity of conversing with me.
He began by recapitulating summarily, that he had come to New York a
stranger, some years ago; that he found the country in possession of two
rich families (the Livingstons and Clintons); that his pursuits were not
political, and he meddled not. When the crisis, however, of 1800 came
on, they found their influence worn out, and solicited his aid with the
people. He lent it without any views of promotion. That his being named
as a candidate for Vice-President was unexpected by him. He acceded to
it with a view to promote my fame and advancement, and from a desire to
be with me, whose company and conversation had always been fascinating
to him. That since, those great families had become hostile to him,
and had excited the calumnies which I had seen published. That in this
Hamilton had joined, and had even written some of the pieces against him.
That his attachment to me had been sincere, and was still unchanged,
although many little stories had been carried to him, and he supposed
to me also, which he despised; but that attachments must be reciprocal
or cease to exist, and therefore he asked if any change had taken place
in mine towards him; that he had chosen to have this conversation with
myself directly, and not through any intermediate agent. He reminded me
of a letter written to him about the time of counting the votes, (say
February, 1801,) mentioning that his election had left a chasm in my
arrangements; that I had lost him from my list in the administration, &c.
He observed, he believed it would be for the interest of the republican
cause for him to retire; that a disadvantageous schism would otherwise
take place; but that were he to retire, it would be said he shrunk from
the public sentence, which he never would do; that his enemies were using
my name to destroy him, and something was necessary from me to prevent
and deprive them of that weapon, some mark of favor from me which would
declare to the world that he retired with my confidence.
I answered by recapitulating to him what had been my conduct previous
to the election of 1800. That I had never interfered directly or
indirectly with my friends or any others, to influence the election
either for him or myself; that I considered it as my duty to be merely
passive, except that in Virginia, I had taken some measures to procure
for him the unanimous vote of that State, because I thought any failure
there might be imputed to me. That in the election now coming on, I was
observing the same conduct, held no councils with anybody respecting
it, nor suffered any one to speak to me on the subject, believing it my
duty to leave myself to the free discussion of the public; that I do
not at this moment know, nor have ever heard, who were to be proposed
as candidates for the public choice, except so far as could be gathered
from the newspapers. That as to the attack excited against him in the
newspapers, I had noticed it but as the passing wind; that I had seen
complaints that Cheetham, employed in publishing the laws, should be
permitted to eat the public bread and abuse its second officer; that as
to this, the publishers of the laws were appointed by the Secretary of
the State, without any reference to me; that to make the notice general,
it was often given to one republican and one federal printer of the
same place; that these federal printers did not in the least intermit
their abuse of me, though receiving emoluments from the governments
and that I have never thought it proper to interfere for myself, and
consequently not in the case of the Vice-President. That as to the letter
he referred to, I remembered it, and believed he had only mistaken the
date at which it was written; that I thought it must have been on the
first notice of the event of the election of South Carolina; and that I
had taken that occasion to mention to him, that I had intended to have
proposed to him one of the great offices, if he had not been elected;
but that his election in giving him a higher station had deprived me
of his aid in the administration. The letter alluded to was, in fact,
mine to him of December the 15th, 1800. I now went on to explain to him
verbally, what I meant by saying I had lost him from my list. That in
General Washington's time, it had been signified to him that Mr. Adams,
the Vice-President, would be glad of a foreign embassy; that General
Washington mentioned it to me, expressed his doubts whether Mr. Adams was
a fit character for such an office, and his still greater doubts, indeed
his conviction, that it would not be justifiable to send away the person
who, in case of his death, was provided by the constitution to take his
place; that it would moreover appear indecent for him to be disposing of
the public trusts, in apparently buying off a competitor for the public
favor. I concurred with him in the opinion, and, if I recollect rightly,
Hamilton, Knox, and Randolph were consulted and gave the same opinions.
That when Mr. Adams came to the administration, in his first interview
with me, he mentioned the necessity of a mission to France, and how
desirable it would have been to him if he could have got me to undertake
it; but that he conceived it would be wrong in him to send me away, and
assigned the same reasons General Washington had done; and therefore,
he should appoint Mr. Madison, &c. That I had myself contemplated his
(Colonel Burr's) appointment to one of the great offices, in case he
was not elected Vice-President; but that as soon as that election was
known, I saw it could not be done, for the good reasons which had led
General Washington and Mr. Adams to the same conclusion; and therefore,
in my first letter to Colonel Burr, after the issue was known, I had
mentioned to him that a chasm in my arrangements had been produced by
this event. I was thus particular in rectifying the date of this letter,
because it gave me an opportunity of explaining the grounds on which
it was written, which were, indirectly, an answer to his present hints.
He left the matter with me for consideration, and the conversation was
turned to indifferent subjects. I should here notice, that Colonel Burr
must have thought that I could swallow strong things in my own favor,
when he founded his acquiescence in the nomination as Vice-President, to
his desire of promoting my honor, the being with me, whose company and
conversation had always been fascinating with him, &c. I had never seen
Colonel Burr till he came as a member of Senate. His conduct very soon
inspired me with distrust. I habitually cautioned Mr. Madison against
trusting him too much. I saw afterwards, that under General Washington's
and Mr. Adams' administrations, whenever a great military appointment
or a diplomatic one was to be made, he came post to Philadelphia to
show himself, and in fact that he was always at market, if they had
wanted him. He was indeed told by Dayton in 1800, he might be Secretary
at War; but this bid was too late. His election as Vice-President was
then foreseen. With these impressions of Colonel Burr, there never had
been an intimacy between us, and but little association. When I destined
him for a high appointment, it was out of respect for the favor he had
obtained with the republican party, by his extraordinary exertions and
successes in the New York election in 1800.
* * * * *
April the 15th, 1806. About a month ago, Colonel Burr called on me, and
entered into a conversation, in which he mentioned, that a little before
my coming into office, I had written to him a letter intimating that I
had destined him for a high employ, had he not been placed by the people
in a different one; that he had signified his willingness to resign as
Vice-President, to give aid to the administration in any other place,
that he had never asked an office, however; he asked aid of nobody, but
could walk on his own legs and take care of himself; that I had always
used him with politeness, but nothing more; that he aided in bringing on
the present order of things; that he had supported the administration;
and that he could do me much harm; he wished, however, to be on different
ground; he was now disengaged from all particular business--willing
to engage in something--should be in town some days, if I should have
anything to propose to him. I observed to him, that I had always been
sensible that he possessed talents which might be employed greatly to
the advantage of the public, and that as to myself, I had a confidence
that if he were employed, he would use his talents for the public good;
but that he must be sensible the public had withdrawn their confidence
from him, and that in a government like ours it was necessary to embrace
in its administration as great a mass of public confidence as possible,
by employing those who had a character with the public, of their own,
and not merely a secondary one through the executive. He observed, that
if we believed a few newspapers, it might be supposed he had lost the
public confidence, but that I knew how easy it was to engage newspapers
in anything. I observed, that I did not refer to that kind of evidence
of his having lost the public confidence, but to the late Presidential
election, when, though in possession of the office of Vice-President,
there was not a single voice heard for his retaining it. That as to any
harm he could do me, I knew no cause why he should desire it, but, at the
same time, I feared no injury which any man could do me; that I never
had done a single act, or been concerned in any transaction, which I
feared to have fully laid open, or which could do me any hurt, if truly
stated; that I had never done a single thing with a view to my personal
interest, or that of any friend, or with any other view than that of the
greatest public good; that, therefore, no threat or fear on that head
would ever be a motive of action with me. He has continued in town to
this time; dined with me this day week, and called on me to take leave
two or three days ago.
I did not commit these things to writing at the time, but I do it now,
because in a suit between him and Cheetham, he has had a deposition of
Mr. Bayard taken, which seems to have no relation to the suit, nor to any
other object than to calumniate me. Bayard pretends to have addressed to
me, during the pending of the Presidential election in February, 1801,
through General Samuel Smith, certain conditions on which my election
might be obtained, and that General Smith, after conversing with me, gave
answers from me. This is absolutely false. No proposition of any kind
was ever made to me on that occasion by General Smith, nor any answer
authorized by me. And this fact General Smith affirms at this moment.
For some matters connected with this, see my notes of February the 12th
and 14th, 1801, made at the moment. But the following transactions took
place about the same time, that is to say, while the Presidential election
was in suspense in Congress, which, though I did not enter at the time,
they made such an impression on my mind, that they are now as fresh,
as to their principal circumstances, as if they had happened yesterday.
Coming out of the Senate chamber one day, I found Gouverneur Morris on
the steps. He stopped me, and began a conversation on the strange and
portentous state of things then existing, and went on to observe, that the
reasons why the minority of States was so opposed to my being elected,
were, that they apprehended that, 1, I would turn all federalists out
of office; 2, put down the navy; 3, wipe off the public debt. That I
need only to declare, or authorize my friends to declare, that I would
not take these steps, and instantly the event of the election would be
fixed. I told him, that I should leave the world to judge of the course
I meant to pursue by that which I had pursued hitherto, believing it
to be my duty to be passive and silent during the present scene; that
I should certainly make no terms; should never go into the office of
President by capitulation, nor with my hands tied by any conditions which
should hinder me from pursuing the measures which I should deem for the
public good. It was understood that Gouverneur Morris had entirely the
direction of the vote of Lewis Morris of Vermont, who, by coming over to
Matthew Lyon, would have added another vote, and decided the election.
About the same time, I called on Mr. Adams. We conversed on the state of
things. I observed to him, that a very dangerous experiment was then in
contemplation, to defeat the Presidential election by an act of Congress
declaring the right of the Senate to name a President of the Senate,
to devolve on him the government during any interregnum; that such a
measure would probably produce resistance by force, and incalculable
consequences, which it would be in his power to prevent by negativing
such an act. He seemed to think such an act justifiable, and observed,
it was in my power to fix the election by a word in an instant, by
declaring I would not turn out the federal officers, nor put down the
navy, nor spunge the national debt. Finding his mind made up as to the
usurpation of the government by the President of the Senate, I urged it
no further, observed the world must judge as to myself of the future by
the past, and turned the conversation to something else. About the same
time, Dwight Foster of Massachusetts called on me in my room one night,
and went into a very long conversation on the state of affairs, the
drift of which was to let me understand, that the fears above mentioned
were the only obstacle to my election, to all of which I avoided giving
any answer the one way or the other. From this moment he became most
bitterly and personally opposed to me, and so has ever continued. I do
not recollect that I ever had any particular conversation with General
Samuel Smith on this subject. Very possibly I had, however, as the general
subject and all its parts were the constant themes of conversation in
the private _tête à têtes_ with our friends. But certain I am, that
neither he nor any other republican ever uttered the most distant hint
to me about submitting to any conditions, or giving any assurances to
anybody; and still more certainly, was neither he nor any other person
ever authorized by me to say what I would or would not do. * * * * *
FOOTNOTES:
[6] [These are the volumes containing the celebrated
Anas, up to the time of the author's retirement from the
Secretaryship of State. Some of his friends have regretted
that they were ever published. However that may be, they
_have_ been published, and it was manifestly the purpose
of Mr. Jefferson that they should be. Late in life, "when
the passions of the times had passed away," he carefully
revised them for publication. "At this day," he says,
"after the lapse of twenty-five years, or more, from their
dates, I have given to the whole a calm revisal, when the
passions of the times are passed away, and the reasons
of the transactions act alone upon the judgment. Some of
the informations I had recorded, are now cut out from the
rest, because I have seen that they were incorrect, or
doubtful, or merely personal or private, with which we
have nothing to do. I should, perhaps, not have thought the
rest worth preserving, but for their testimony against the
only history of that period, which pretends to have been
compiled from authentic and unpublished documents." Under
these circumstances, the Editor has not felt himself at
liberty to exclude the Anas from a publication professing
to be a complete edition of the writings of Jefferson.
They are accordingly inserted just in the form in which
he left them after his last revisal.--ED.]
[7] [The opinions here alluded to will be found
in Book III., devoted to Official Papers.--ED.]
[8] See conversation with General Washington,
October 1, 1792.
[9] There had been a previous consultation at
the President's (about the first week in November) on the
expediency of suspending payments to France, under her
present situation. I had admitted that the late constitution
was dissolved by the dethronement of the King; and the
management of affairs surviving to the National Assembly
only, this was not an integral Legislature, and therefore not
competent to give a legitimate discharge for our payments:
that I thought, consequently, that none should be made till
some legitimate body came into place; and that I should
consider the National Convention called, but not met as we
had yet heard, to be a legitimate body. Hamilton doubted
whether it would be a legitimate body, and whether, if
the King should be re-established, he might not disallow
such payments on good grounds. Knox, for once, dared to
differ from Hamilton, and to express, very submissively,
an opinion, that a convention named by the whole body of
the nation, would be competent to do anything. It ended
by agreeing, that I should write to Gouverneur Morris to
suspend payment generally till further orders.
[10] [In the margin is written, by Mr. Jefferson,
"Impossible as to Hamilton he was far above that."]
[11] He said that Mr. Morris, taking a family
dinner with him the other day, went largely, and of his
own accord, into this subject; advised this appeal, and
promised, if the President adopted it, that he would
support it himself, and engage for all his connections.
The President repeated this twice, and with an air of
importance. Now, Mr. Morris has no family connections: he
engaged then for his political friends. This shows that
the President has not confidence enough in the virtue and
good sense of mankind, to confide in a government bottomed
on them, and thinks other props necessary.
[12] He observed, that eight or ten years ago, he
gave only fifty dollars to a common laborer for his farm,
finding him food and lodging. Now he gives one hundred
and fifty dollars, and even two hundred dollars to one.
[13] J. Rutledge, junior.
PART VI.
MISCELLANEOUS PAPERS.
I.
_Extract from Diary relative to the invasion of Virginia in 1780, 1781._
Saturday, December the 31st, 1780, eight o'clock, A. M. Received first
intelligence that twenty-seven sail were, on the morning of December
the 29th, just below Willoughby's Point. Sent off General Nelson, with
full powers.
1781. January the 1st. No intelligence.
January the 2d, ten o'clock, A. M. Information from N. Burwell, that
their advance was at Warrasqueak Bay. Gave orders for militia, a quarter
from some, and half from other counties. Assembly rose.
Wednesday, January the 3d, eight o'clock, P. M. Received a letter from
E. Archer, Swan's Point, that at twelve o'clock that day they were at
anchor a little below Jamestown. At five o'clock, P. M., of the same
day, I had received a letter from R. Andrews for General Nelson, that
they were at Jamestown the evening of the 2d.
Thursday, January the 4th, five o'clock, A. M. Mr. Eppes and family, &c.,
came and informed me from the Speaker, that they had passed Kennon's and
Hood's the evening before; the tide having made for them at one o'clock,
P. M., of the 3d, and the wind shifted to the east strong. They had not,
however, passed Hood's, but anchored at Kennon's. Called whole militia
from adjacent counties. I was then anxious to know whether they would
pass Westover, or not, as that would show the side they would land.
Five o'clock, P. M. Learned by Captain De Ponthiere, that at two o'clock,
P. M., they were drawn up at Westover. Then ordered arms, and stores,
&c., (which till then had been carrying to Westham,) to be thrown across
the river at Richmond; and at half-past seven o'clock, P. M., set out
to the foundry and Westham, and set Captain Brush, Captain Irish, and
Mr. Hylton, to see everything wagoned from the magazine and laboratory
to Westham, and there thrown over; to work all night. The enemy encamped
at Four-Mile Creek. I went to Tuckahoe and lodged.
January the 5th. Went early over the river with my family; sent them
up to Fine Creek; went myself to Westham; gave orders for withdrawing
ammunition and arms (which lay exposed on the bank to the effect of
artillery from opposite shore), behind a point. Then went to Manchester;
had a view of the enemy. My horse sunk under me with fatigue; borrowed
one, went to Chetwood's, appointed by Baron Steuben as a rendezvous and
head-quarters; but finding him not there, and understanding he would go
to Colonel Henry's, I proceeded there for quarters. The enemy arrived in
Richmond at one o'clock, P. M. One regiment of infantry and thirty horse
proceeded, without stopping, to the foundry; burned that and the magazine
and Ballendine's house, and went as far as Westham. They returned that
evening to Richmond. Sent me a proposition to compound for property.
Refused.
January the 6th. In the morning they burned certain houses and stores, and
at twelve o'clock of that day left Richmond, and encamped at Four-Mile
Creek. I went to Westham, ordered books and papers particularly from
magazine. In the evening I went up to Fine Creek.
January the 7th. I returned to Westham, and then came down to Manchester,
where I lodged. The enemy encamped at Westover and Berkley. It had rained
excessively the preceding night, and continued to do so till about noon.
Gibson has one thousand; Steuben, eight hundred; Davis, two hundred;
Nelson, two hundred and fifty.
January the 8th, at half-past seven o'clock, A. M. I returned to Richmond.
The wind gets, about this time, to north-west; a good gale; in the
afternoon becomes easterly. The enemy remain in their last encampment.
General Nelson at Charles City C. H. Colonel Nicholas with three hundred
men at the Forest.
January the 9th, eleven o'clock. The wind is south-east, but almost
nothing. The enemy remain in their last encampment, except embarking
their horse.
January the 10th, at one o'clock, P. M. They embark infantry, and fall
down the river, the wind having shifted a little north of west, and
pretty fresh. Baron Steuben gets to Bland's Mills to-night, nine miles
short of Hood's.
January the 11th, eight o'clock, A. M. The wind due west, and strong.
_Loss sustained by the public._
The papers and books of the Council since the revolution. The papers of
the auditors, but not their books. Five brass field-pieces, four pounders,
which had been sunk in the river, but were weighed by the enemy. About
one hundred and fifty arms in the Capitol loft. About one hundred and
fifty in a wagon on the Brook road. About five tons of powder, and some
made ammunition at magazine. Some small proportion of the linens, cloths,
&c., in the public store. Some quarter-masters' stores; the principal
articles was one hundred and twenty sides of leather. Some of the tools
in the artificers' shops. Foundry, magazine, four artificers' shops,
public store, quarter-masters' store, one artificers' shop, three wagons.
* * * * *
The legislature was sitting when the entrance of the enemy into James
river was made known. They were informed, without reserve, of the
measures adopted. Every suggestion from the members was welcomed and
weighed, and their adjournment on the 2d of January furnished the most
immediate and confidential means of calling for the militia of their
several counties. They accordingly became the bearers of those calls,
and they were witnesses themselves, that every preparation was making
which the exhausted and harassed state of the country admitted.
They met again at Richmond in May, and adjourned to Charlottesville,
where they made a house on the 28th. My office of Governor expired on
the 2d of June, being the fifth day of the session; and no successor
had been appointed, when an enterprise on the 4th by Tarleton's cavalry
drove them thence, and they met again at Staunton on the 7th. Some
members attended there who had not been at Richmond at the time of
Arnold's enterprise. One of these, George Nicholas, a very honest and
able man, then, however, young and ardent, supposing there had been some
remissness in the measures of the Executive on that occasion, moved for
an inquiry into them, to be made at the succeeding session. The members
who had been present and privy to the transactions, courted the inquiry
on behalf of the executive. Mr. Nicholas, as a candid and honorable man,
sent me, through a friend, a copy of the topics of inquiry he proposed
to go into; and I communicated to him, with the same frankness, the
justifications I should offer, that he might be prepared to refute them
if not founded in fact. The following is a copy of both:--
_1st Objection._--That General Washington's information was, that an
embarcation was taking place, destined for this State.
_Answer._--His information was, that it was destined for the Southward,
as was _given out_ at New York. Had similar informations from General
Washington, and Congress, been considered as sufficient ground at all
times for calling the militia into the field, there would have been a
standing army of militia kept up; because there has never been a time,
since the invasion expected in December, 1779, but what we have had
those intimations hanging over our heads. The truth is, that General
Washington always considered as his duty to convey every rumor of an
embarkation; but we (for some time past, at least) never thought anything
but actual invasion should induce us to the expense and harassment of
calling the militia into the field: except in the case of December,
1799, when it was thought proper to do this in order to convince the
French of our disposition to protect their ships. Inattention to this
necessary economy, in the beginning, went far towards that ruin of our
finances which followed.
_2d Objection._--Where were the post-riders, established last summer?
_Answer._--They were established at Continental expense, to convey
speedy information to Congress of the arrival of the French fleet, then
expected here. When that arrived at Rhode Island, these expenses were
discontinued. They were again established on the invasion in October,
and discontinued when that ceased. And again on the first intimation
of the invasion of December. But it will be asked, why were they not
established on General Washington's letters? Because those letters were
no more than we had received upon many former occasions, and would have
led to a perpetual establishment of post-riders.
_3d Objection._--If a proper number of men had been put into motion on
Monday, for the relief of the lower country, and ordered to march to
Williamsburg, that they would at least have been in the neighborhood of
Richmond on Thursday.
_Answer._--The order could not be till Tuesday, because we then received
our first certain information. Half the militia of the counties round
about Richmond were then ordered out, and the whole of them on the
4th, and ordered not to wait to come in a body, but in detachments as
they could assemble. Yet were there not on Friday more than two hundred
collected, and they were principally of the town of Richmond.
_4th Objection._--That we had not the signals.
_Answer._--This, though a favorite plan of some gentlemen, and perhaps
a practicable one, has hitherto been thought too difficult.
_5th Objection._--That we had not look-outs.
_Answer._--There had been no cause to order look-outs more than has been
ever existing. This is only in fact asking why we do not always keep
look-outs.
_6th Objection._--That we had not heavy artillery on travelling carriages.
_Answer._--The gentlemen, who acted as members of the Board of War a
twelvemonth can answer this question, by giving the character of the
artificers whom, during that time, they could never get to mount the heavy
artillery. The same reason prevented their being mounted from May, 1780,
to December. We have even been unable to get those heavy cannon moved
from Cumberland by the whole energy of government. A like difficulty
which occurred in the removal of those at South Quay, in their day, will
convince them of the possibility of this.
_7th Objection._--That there was not a body of militia thrown into
Portsmouth, the great bridge, Suffolk.
_Answer._--In the summer of 1780, we asked the favor of General Nelson, to
call together the County Lieutenants of the lower counties, and concert
the general measures which should be taken for instant opposition,
on any invasion, until aid could be ordered by the Executive; and the
County Lieutenants were ordered to obey his call; he did so the first
moment, to wit, on Saturday, December the 31st, at 8 o'clock A. M., of
our receiving information of the appearance of a fleet in the bay. We
asked the favor of General Nelson to go down, which he did, with full
powers to call together the militia of any counties he thought proper, to
call on the keepers of any public arms or stores, and to adopt for the
instant such measures as exigencies required, till we could be better
informed.
_Query._--Why were not General Nelson, and the brave officers with him,
particularly mentioned?
_Answer._--What should have been said of them? The enemy did not land,
nor give them an opportunity of doing what nobody doubts they would have
done; that is, something worthy of being minutely recited.
_Query._--Why publish Arnold's letter without General Nelson's answer?
_Answer._--Ask the printer. He got neither from the Executive.
_Objection._--As to the calling out a few militia, and that late.
_Answer._--It is denied that they were few or late. Four thousand and
seven hundred men (the number required by Baron Steuben) were called
out the moment an invasion was known to have taken place, that is on
Tuesday, January 2d.
_Objection._--The abandonment of York and Portsmouth fortifications.
_Answer._--How can they be kept without regulars, on the large scale on
which they were formed? Would it be approved of to harass the militia
with garrisoning them?
To place me on equal ground for meeting the inquiry, one of the
representatives of my county resigned his seat, and I was unanimously
elected in his place. Mr. Nicholas, however, before the day, became
better satisfied as to what had been done, and did not appear to bring
forward the inquiry; and in a publication, several years after, he made
honorable acknowledgment of the erroneous views he had entertained on
those transactions. I therefore read in my place the inquiries he had
proposed to make, and stated the justifications of the Executive. And
nearly every member present having been a witness to their truth, and
conscious all was done which could have been done, concurred at once in
the following resolution:
"The following resolution was _unanimously_ agreed to by both houses of
the General Assembly of Virginia, December the 19th, 1781.
"_Resolved_, That the sincere thanks of the General Assembly be given
to our former Governor, Thomas Jefferson, Esquire, for his impartial,
upright, and attentive administration whilst in office. The Assembly
wish in the strongest manner to declare the high opinion they entertain
of Mr. Jefferson's ability, rectitude, and integrity as Chief Magistrate
of this Commonwealth, and mean, by thus publicly avowing their opinion,
to obviate and to remove all unmerited censure."
And here it is but proper to notice the parody of these transactions which
General Lee has given as their history. He was in a distant State at the
time, and seems to have made up a random account from the rumors which
were afloat where he then was. It is a tissue of errors from beginning
to end.
The nonsense which has been uttered on the _coup de main_ of Tarleton on
Charlottesville is really so ridiculous, that it is almost ridiculous
seriously to notice it. I will briefly, however, notice facts and
dates. It has been said before, that the legislature was driven from
Charlottesville by an incursion of the enemy's cavalry. Since the
adjournment from Richmond, their force in this country had been greatly
augmented by reinforcements under Lord Cornwallis and General Phillips;
and they had advanced up into the country as far as Elk Island, and
the Fork of James river. Learning that the legislature was in session
at Charlottesville, they detached Colonel Tarleton with his legion of
horse to surprise them. As he was passing through Louisa on the evening
of the 3d of June, he was observed by a Mr. Gouett, who, suspecting the
object, set out immediately for Charlottesville, and knowing the byways
of the neighborhood, passed the enemy's encampment, rode all night,
and before sunrise of the 4th, called at Monticello with notice of what
he had seen, and passed on to Charlottesville to notify the members of
the legislature. The Speakers of the two houses, and some other members
were lodging with us. I ordered a carriage to be ready to carry off my
family; we breakfasted at leisure with our guests, and after breakfast
they had gone to Charlottesville; when a neighbor rode up full speed
to inform me that a troop of horse was then ascending the hill to the
house. I instantly sent off my family, and after a short delay for some
pressing arrangements, I mounted my horse; and knowing that in the public
road I should be liable to fall in with the enemy, I went through the
woods, and joined my family at the house of a friend, where we dined.
Would it be believed, were it not known, that this flight from a troop
of horse, whose whole legion, too, was within supporting distance, has
been the subject, with party writers, of volumes of reproach on me,
serious or sarcastic? That it has been sung in verse, and said in humble
prose, that forgetting the noble example of the hero of La Mancha, and
his wind-mills, I declined a combat singly against a troop, in which
victory would have been so glorious? Forgetting, themselves, at the same
time, that I was not provided with the enchanted arms of the Knight, nor
even with his helmet of Mambrino. These closet heroes, forsooth, would
have disdained the shelter of a wood, even singly and unarmed, against
a legion of armed enemies.
Here, too, I must note another instance of the want of that correctness
in writing history, without which it becomes romance. General Lee says
that Tarleton, in another enterprise some time after, penetrated up the
south side of James river to New London, in Bedford county. To that
neighborhood precisely, where I had a possession, I had carried my
family, and was confined there several weeks by the effects of a fall
from my horse; and I can assure the readers of General Lee's history,
that no enemy ever came within forty miles of New London.
II.
_Memorandum relative to invasion of Virginia in 1780, 1781._
Among the manuscripts of Mr. Jefferson, and _in his own hand
writing_, is the following paper in relation to the invasion
of Virginia in 1780-1781. It is, therefore, inserted here, in
connection with the foregoing extract from his diary.
Richmond, 1780. Dec. 31st, at 8 A. M. The Governor received the first
intelligence that twenty-seven sail of ships had entered Chesapeake Bay,
and were in the morning of the 29th just below Willoughby's point, [the
southern cape of James river,] their destination unknown.
1781. January 2, at 10 A. M. Information received that they had entered
James river, their advance being at Warrasqueak Bay. Orders were
immediately given for calling in the militia, one-fourth from some, and
half from other counties. The members of the legislature, which rises
this day, are the bearers of the orders to their respective counties.
The Governor directs the removal of the records into the country, and
the transportation of the military stores from Richmond to Westham, [on
the river seven miles above,] there to be carried across the river.
January 3d. 8 P. M. The enemy are said to be a little below Jamestown;
convenient for landing, if Williamsburg is their object.
January 4th, at 5 A. M. Information is received that they had passed
Kennon's and Hoods the evening before with a strong easterly wind, which
determines their object to be either Petersburg or Richmond. The Governor
now calls in the whole militia from the adjacent counties.
At 5 P. M. Information that at 2 P. M. they were landed and drawn up at
Westover, [on the north side of the river, and twenty-five miles below
Richmond,] and consequently Richmond was their destination. Orders are
now given to discontinue wagoning the military stores from Richmond to
Westham, and to throw them across directly at Richmond.
The Governor having attended to this till an hour and a half in the
night, then rode up to the foundry, [one mile below Westham,] ordered
Captains Brush and Irish, and Mr. Hylton to continue all night wagoning
to Westham the arms and stores still at the foundry, to be thrown across
the river at Westham, then proceeded to Westham to urge the pressing
the transportation there across the river, and thence went to Tuckahoe
[eight miles above, and on the same side of the river] to see after his
family, which he had sent that far in the course of the day. He arrived
there at 1 o'clock in the night.
Early in the morning he carried his family across the river there, and
sending them to Teine creek, [eight miles higher up,] went himself to
Breton's on the south side of the river, [opposite to Westham,] finding
the arms, &c., in a heap near the shore, and exposed to be destroyed by
cannon from the north bank. He had them removed under cover of a point
of land near by. He proceeded to Manchester [opposite to Richmond]. The
enemy had arrived at Richmond at 1 P. M. Having found that nearly the
whole arms had been got there from Richmond, he set out for Chetwood's
to meet with Baron Steuben, who had appointed that place as a rendezvous
and head-quarters; but not finding him there, and understanding that he
would be at Colonel Fleming's, [six miles above Breton's,] he proceeded
thither. The enemy had now a detachment at Westham, and sent a deputation
from the city of Richmond to the Governor at Colonel Fleming's to propose
terms for ransoming the safety of the city, which terms he rejected. The
Governor returned to Breton's, had measures taken more effectually to
secure the books and papers there. The enemy having burnt some houses and
stores, left Richmond, after twenty-four hours stay there, and encamped
at Four-Mile Creek, [eight or ten miles below,] and the Governor went
to look to his family at Fine Creek.
He returned to Breton's to see further to the arms there, exposed on
the ground to heavy rains which had fallen the night before, and then
proceeded to Manchester, and lodged there. The enemy encamped at Westover.
At half-past 7 A. M. he crossed over to Richmond, and resumed his
residence there. The enemy are still retained in their encampment at
Westover by an easterly wind. Col. John Nicholas has now three hundred
militia at the Forest, [six miles off from Westover,] General Nelson
two hundred at Charles City Court House, [eight miles below Westover,]
Gibson one thousand, and Baron Steuben eight hundred on the south side
the river.
January 9th. The enemy are still encamped at Westover.
January 10th. At 1 P. M. they embark; and the wind having shifted a little
to the north of the west, and pretty fresh, they fall down the river.
Baron Steuben marches for Hood's, where their passage may be checked.
He reaches Bland's Mills in the evening, within nine miles of Hood's.
January 11th. At 8 A. M. the wind due west and strong, they may make
good their retreat. During this period time and place have been minutely
cited, in order that those who think there was any remissness in the
movements of the Governor, may lay their finger on the point, and say
when and where it was. Hereafter less detail will suffice.
Soon after this General Phillips having joined Arnold with a reinforcement
of two thousand men, they advanced again up to Petersburg, and about
the last of April to Manchester. The Governor had remained constantly
in and about Richmond, exerting all his powers collecting militia, and
providing such means for the defence of the State as its exhausted
resources admitted. Never assuming a guard, and with only the river
between him and the enemy, his lodgings were frequently within four,
five, or six miles of them.
M. de la Fayette, about this time, arrived at Richmond with some
Continental troops, with which, and the militia collected, he continued
to occupy that place, and the north bank of the river, while Phillips
and Arnold held Manchester and the south bank. But Lord Cornwallis, about
the middle of May, joining the main southern armies, M. de la Fayette was
obliged to retire. The enemy crossed the river, and advanced up into the
country about fifty miles, and within thirty miles of Charlottesville, at
which place the legislature being to meet in June, the Governor proceeded
to his seat at Monticello, two or three miles from it. His office was
now near expiring, the country under invasion by a powerful army, no
services but military of any avail, unprepared by his line of life and
education for the command of armies, he believed it right not to stand
in the way of talents better fitted than his own to the circumstances
under which the country was placed. He therefore himself proposed to
his friends in the legislature that General Nelson, who commanded the
militia of the State, should be appointed Governor, as he was sensible
that the union of the civil and military power in the same hands at
this time, would greatly facilitate military measures. This appointment
accordingly took place on the 12th of June, 1781.
This was the state of things when, his office having actually expired,
and no successor as yet in place, Colonel Tarleton, with his regiment
of horse, was detached by Lord Cornwallis to surprise Mr. Jefferson
(whom they thought still in office) and the legislature now sitting in
Charlottesville. The Speakers of the two houses, and some other members of
the legislature, were lodging with Mr. Jefferson at Monticello. Tarleton,
early in the morning, when within ten miles of that place, detached a
company of horse to secure him and his guests, and proceeded himself
rapidly with his main body to Charlottesville, where he hoped to find
the legislature unapprized of his movement. Notice of it, however, had
been brought, both to Monticello and Charlottesville, about sun-rise. The
Speakers with their colleagues, returned to Charlottesville, and with the
other members of the legislature, had barely time to get out of his way.
Mr. Jefferson sent off his family to secure them from danger, and was
himself still at Monticello making arrangements for his own departure,
when a Lieutenant Hudson arrived there at half speed, and informed him
that the enemy were then ascending the hill of Monticello. He departed
immediately, and knowing that he would be pursued if he took the high
road, he plunged into the woods of the adjoining mountain, where being
at once safe, he proceeded to overtake his family. This is the famous
adventure of Carter's mountain, which has been so often resounded through
the slanderous chronicles of federalism. But they have taken care never
to detail the facts, lest these should show that this favorite charge
amounted to nothing more than that he did not remain in his house, and
there singly fight a whole troop of horse, or suffer himself to be taken
prisoner. Having accompanied his family one day's journey, he returned
to Monticello. Tarleton had retired after eighteen hours' stay in
Charlottesville. Mr. Jefferson then rejoined his family, and proceeded
with them to an estate he had in Bedford, about eighty miles south-west,
where, riding on his farm some time after, he was thrown from his horse,
and disabled from riding on horseback for a considerable time. But Mr.
Turner finds it more convenient to give him this fall in his retreat
before Tarleton, which had happened some weeks before, as a proof that
he withdrew from a troop of horse with a precipitancy which Don Quixotte
would not have practiced.
The facts here stated most particularly, with date of time and place, are
taken from the notes made by the writer hereof for his own satisfaction
at the time. The others are from memory, but so well recollected that
he is satisfied there is no material fact mis-stated. Should any person
undertake to contradict any particular on evidence which may at all merit
the public respect, the writer will take the trouble (though not at all
in the best situation for it) to produce the proof in support of it. He
finds, indeed, that of the persons whom he recollects to have been present
on these occasions, few have survived the intermediate lapse of four
and twenty years. Yet he trusts that some, as well as himself, are yet
among the living; and he is positively certain that no man can falsify
any material fact here stated. He well remembers, indeed, that there
were then, as there are at all times, some who blamed everything done
contrary to their own opinion, although their opinions were formed on a
very partial knowledge of facts. The censures which have been heralded by
such men as Wm. Turner, are nothing but revivals of these half-informed
opinions. Mr. George Nicholas, then a very young man, but always a very
honest one, was prompted by these persons to bring specific charges
against Mr. Jefferson; the heads of these in writing were communicated
through a mutual friend to Mr. Jefferson, who committed to writing also
the heads of justification on each of them. I well remember this paper,
and believe the original of it still exists; and though framed when
every real fact was fresh in the knowledge of every one, this fabricated
flight from Richmond was not among the charges stated in this paper,
nor any charge against Mr. Jefferson for not fighting singly the troop
of horse. Mr. Nicholas candidly relinquished further proceeding. The
House of Representatives of Virginia pronounced an honorable sentence
of entire approbation of Mr. Jefferson's conduct, and so much the more
honorable as themselves had been witness to it. And Mr. George Nicholas
took a conspicuous occasion afterwards, of his own free will, and when the
matter was entirely at rest, to retract publicly the erroneous opinions
he had been led into on that occasion, and to make just reparation by
a candid acknowledgment of them.
III.
_Instructions to the Ministers Plenipotentiary appointed to negotiate
treaties of commerce with the European nations. May 7, 1784._
Whereas, instructions bearing date the 29th day of October, 1783, were
sent to the Ministers Plenipotentiary of the United States of America
at the Court of Versailles, empowered to negotiate a peace, or to any
one or more of them, for concerting drafts or propositions for treaties
of amity and commerce with the commercial powers of Europe:
_Resolved_, That it will be advantageous to these United States to
conclude such treaties with Russia, the Court of Vienna, Prussia, Denmark,
Saxony, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, Rome,
Naples, Venice, Sardinia, and the Ottoman Porte.
_Resolved_, That in the formation of these treaties the following points
be carefully stipulated:
1st. That each party shall have a right to carry their own produce,
manufactures, and merchandise, in their own bottoms to the ports of the
other, and thence the produce and merchandise of the other, paying, in
both cases, such duties only as are paid by the most favored nation,
freely, where it is freely granted to such nation, or paying the
compensation where such nation does the same.
2. That with the nations holding territorial possessions in America,
a direct and similar intercourse be admitted between the United States
and such possessions; or if this cannot be obtained, then a direct and
similar intercourse between the United States and certain free ports
within such possessions; that if this neither can be obtained, permission
be stipulated to bring from such possessions, in their own bottoms, the
produce and merchandise thereof to their States directly; and for these
States to carry in their own bottoms their produce and merchandise to
such possessions directly.
3. That these United States be considered in all such treaties, and in
every case arising under them, as one nation, upon the principles of
the federal constitution.
4. That it be proposed, though not indispensably required, that if war
should hereafter arise between the two contracting parties, the merchants
of either country, then residing in the other, shall be allowed to remain
nine months to collect their debts and settle their affairs, and may
depart freely, carrying off all their effects, without molestation or
hinderance; and all fishermen, all cultivators of the earth, and all
artisans or manufacturers, unarmed and inhabiting unfortified towns,
villages or places, who labor for the common subsistence and benefit of
mankind, and peaceably following their respective employments, shall be
allowed to continue the same, and shall not be molested by the armed force
of the enemy, in whose power, by the events of war, they may happen to
fall; but if anything is necessary to be taken from them, for the use of
such armed force, the same shall be paid for at a reasonable price; and
all merchants and traders, exchanging the products of different places,
and thereby rendering the necessaries, conveniences, and comforts of
human life more easy to obtain and more general, shall be allowed to
pass free and unmolested; and neither of the contracting powers shall
grant or issue any commission to any private armed vessels empowering
them to take or destroy such trading ships, or interrupt such commerce.
5. And in case either of the contracting parties shall happen to be
engaged in war with any other nation, it be further agreed, in order to
prevent all the difficulties and misunderstandings that usually arise
respecting the merchandise heretofore called contraband, such as arms,
ammunition and military stores of all kinds, that no such articles,
carrying by the ships or subjects of one of the parties to the enemies of
the other, shall, on any account, be deemed contraband, so as to induce
confiscation, and a loss of property to individuals. Nevertheless, it
shall be lawful to stop such ships and detain them for such length of
time as the captors may think necessary, to prevent the inconvenience
or damage that might ensue, from their proceeding on their voyage,
paying, however, a reasonable compensation for the loss such arrest
shall occasion to the proprietors; and it shall be further allowed to
use in the service of the captors, the whole or any part of the military
stores so detained, paying the owners the full value of the same, to
be ascertained by the current price at the place of its destination.
But if the other contracting party will not consent to discontinue the
confiscation of contraband goods, then that it be stipulated, that if
the master of the vessel stopped, will deliver out the goods charged to
be contraband, he shall be admitted to do it, and the vessel shall not
in that case be carried into any port; but shall be allowed to proceed
on her voyage.
6. That in the same case, when either of the contracting parties
shall happen to be engaged in war with any other power, all goods, not
contraband, belonging to the subjects of that other power, and shipped in
the bottoms of the party hereto, who is not engaged in the war, shall be
entirely free. And that to ascertain what shall constitute the blockade
of any place or port, it shall be understood to be in such predicament,
when the assailing power shall have taken such a station as to expose to
imminent danger any ship or ships, that would attempt to sail in or out
of the said port; and that no vessel of the party, who is not engaged
in the said war, shall be stopped without a material and well-grounded
cause; and in such cases justice shall be done, and an indemnification
given, without loss of time to the persons aggrieved, and thus stopped
without sufficient cause.
7. That no right be stipulated for aliens to hold real property within
these States, this being utterly inadmissible by their several laws and
policy; but when on the death of any person holding real estate within
the territories of one of the contracting parties, such real estate would
by their laws descend on a subject or citizen of the other, were he not
disqualified by alienage, then he shall be allowed a reasonable time to
dispose of the same, and withdraw the proceeds without molestation.
8. That such treaties be made for a term not exceeding ten years from
the exchange of ratification.
9. That these instructions be considered as supplementary to those of
October 29th, 1783; and not as revoking, except when they contradict
them. That where in treaty with a particular nation they can procure
particular advantages, to the specification of which we have been
unable to descend, our object in these instructions having been to form
outlines only and general principles of treaty with many nations, it is
our expectation they will procure them, though not pointed out in these
instructions; and where they may be able to form treaties on principles
which, in their judgment, will be more beneficial to the United States
than those herein directed to be made their basis, they are permitted to
adopt such principles. That as to the duration of treaties, though we
have proposed to restrain them to the term of ten years, yet they are
at liberty to extend the same as far as fifteen years with any nation
which may pertinaciously insist thereon. And that it will be agreeable
to us to have supplementary treaties with France, the United Netherlands
and Sweden, which may bring the treaties we have entered into with them
as nearly as may be to the principles of those now directed; but that
this be not pressed, if the proposal should be found disagreeable.
_Resolved_, That treaties of amity, or of amity and commerce, be entered
into with Morocco, and the Regencies of Algiers, Tunis and Tripoli, to
continue for the same term of ten years, or for a term as much longer
as can be procured.
That our Ministers, to be commissioned for treating with foreign nations,
make known to the Emperor of Morocco the great satisfaction which Congress
feel from the amicable disposition he has shown towards these States,
and his readiness to enter into alliance with them. That the occupations
of the war, and distance of our situation have prevented our meeting his
friendship so early as we wished. But the powers are now delegated to
them for entering into treaty with him, in the execution of which they
are ready to proceed, and that as to the expenses of his Minister, they
do therein what is for the honor and interest of the United States.
_Resolved_, That a commission be issued to Mr. J. Adams, Mr. B. Franklin,
and Mr. T. Jefferson, giving powers to them, or the greater part of them,
to make and receive propositions for such treaties of amity and commerce,
and to negotiate and sign the same, transmitting them to Congress for
their final ratification; and that such commission be in force for a
term not exceeding two years.
IV.
_Report of a conference with the Count de Vergennes on the subject
of the Commerce of the United States with France._[14]
The next levee day at Versailles, I meant to bring again under the view
of the Count de Vergennes, the whole subject of our commerce with France;
but the number of audiences of ambassadors and other ministers, which
take place, of course, before mine, and which seldom, indeed, leave me
an opportunity of audience at all, prevented me that day. I was only
able to ask the Count de Vergennes, as a particular favor, that he would
permit me to wait on him some day that week. He did so, and I went to
Versailles the Friday following, (the 9th of December.) M. de Reyneval
was with the Count. Our conversation began with the usual topic; that
the trade of the United States had not yet learned the way to France,
but continued to centre in England, though no longer obliged by law
to go there. I observed, that the real cause of this, was to be found
in the difference of the commercial arrangements in the two countries;
that merchants would not, and could not trade but where there was to be
some gain; that the commerce between two countries could not be kept
up, but by an exchange of commodities; that, if an American merchant
was forced to carry his produce to London, it could not be expected he
would make a voyage from thence to France, with the money, to lay it
out here; and, in like manner, that if he could bring his commodities,
with advantage, to this country, he would not make another voyage to
England, with the money, to lay it out there, but would take in exchange
the merchandise of this country. The Count de Vergennes agreed to this,
and particularly that where there was no exchange of merchandise, there
could be no durable commerce; and that it was natural for merchants to
take their returns in the port where they sold their cargo. I desired
his permission then, to take a summary view of the productions of the
United States, that we might see which of them could be brought here to
advantage.
1. Rice. France gets from the Mediterranean a rice not so good indeed,
but cheaper than ours. He said that they bought of our rice, but that
they got from Egypt also, rice of a very fine quality. I observed that
such was the actual state of their commerce, in that article, that they
take little from us. 2. Indigo. They make a plenty in their own colonies.
He observed that they did, and that they thought it better than ours. 3.
Flour, fish, and provisions of all sorts, they produce for themselves.
That these articles might, therefore, be considered as not existing,
for commerce, between the United States and the kingdom of France.
I proceeded to those capable of becoming objects of exchange between
the two nations. 1. Peltry and furs. Our posts being in the hands of the
English, we are cut off from that article. I am not sure even, whether
we are not obliged to buy of them, for our own use. When these posts are
given up, if ever they are, we shall be able to furnish France with skins
and furs, to the amount of two millions of livres, in exchange for her
merchandise; but at present, these articles are to be counted as nothing.
2. Potash. An experiment is making whether this can be brought here. We
hope it may, but at present it stands for nothing. He observed that it was
much wanted in France, and he thought it would succeed. 3. Naval stores.
Trials are also making on these, as subjects of commerce with France.
They are heavy, and the voyage long. The result, therefore, is doubtful.
At present, they are as nothing in our commerce with this country. 4.
Whale oil. I told him I had great hopes that the late diminution of duty
would enable us to bring this article, with advantage, to France; that
a merchant was just arrived (Mr. Barrett) who proposed to settle at
L'Orient, for the purpose of selling the cargoes of this article, and
choosing the returns. That he had informed me, that in the first year,
it would be necessary to take one-third in money, and the remainder
only in merchandise; because the fishermen require, indispensably, some
money. But he thought that after the first year, the merchandise of
the preceding year, would always produce money for the ensuing one, and
that the whole amount would continue to be taken annually afterwards, in
merchandise. I added, that though the diminution of duty was expressed
to be but for one year, yet I hoped they would find their advantage in
renewing and continuing it; for that if they intended really to admit it
for one year only, the fishermen would not find it worth while to rebuild
their vessels, and to prepare themselves for the business. The Count
expressed satisfaction on the view of commercial exchange held up by this
article. He made no answer as to the continuance of it; and I did not
choose to tell him, at that time, that we should claim its continuance
under their treaty with the Hanseatic towns, which fixes this duty for
them, and our own treaty, which gives, us the rights of the most favored
nation. 5. Tobacco. I recalled to the memory of the Count de Vergennes,
the letter I had written to him on this article; and the object of the
present conversation being, how to facilitate the exchange of commerciable
articles between the two countries, I pressed that of tobacco, in this
point of view; observed that France, at present, paid us two millions
of livres for this article; that for such portions of it as were bought
in London, they sent the money directly there, and for what they bought
in the United States, the money was still remitted to London, by bills
of exchange; whereas, if they would permit our merchants to sell this
article freely, they would bring it here, and take the returns on the
spot, in merchandise, not money. The Count observed, that my proposition
contained what was doubtless useful, but that the King received on this
article, at present, a revenue of twenty-eight millions, which was so
considerable, as to render them fearful of tampering with it; that the
collection of this revenue by way of Farm, was of very ancient date, and
that it was always hazardous to alter arrangements of long standing,
and of such infinite combinations with the fiscal system. I answered,
that the simplicity of the mode of collection proposed for this article,
withdrew it from all fear of deranging other parts of their system; that
I supposed they would confine the importation to some of their principal
ports, probably not more than five or six; that a single collector in
each of these, was the only new officer requisite; that he could get rich
himself on six livres a hogshead, and would receive the whole revenue,
and pay it into the treasury, at short hand. M. de Reyneval entered
particularly into this part of the conversation, and explained to the
Count, more in detail, the advantages and simplicity of it, and concluded
by observing to me, that it sometimes happened that useful propositions,
though not practicable at one time, might become so at another. I told
him that that consideration had induced me to press the matter when I
did, because I had understood the renewal of the Farm was then on the
carpet, and that it was the precise moment when I supposed that this
portion might be detached from the mass of the Farms. I asked Count de
Vergennes whether, if the renewal of the Farm was pressing, this article
might not be separated, merely in suspense, till government should have
time to satisfy themselves on the expediency of renewing it. He said no
promises could be made.
In the course of this conversation, he had mentioned the liberty we
enjoyed of carrying our fish to the French islands. I repeated to him
what I had hinted in my letter, of November the 20th, 1785, that I
considered as a prohibition the laying such duties on our fish, and
giving such premiums on theirs, as made a difference between their and
our fishermen of fifteen livres the quintal, in an article which sold
for but fifteen livres. He said it would not have that effect, for two
reasons: 1. That their fishermen could not furnish supplies sufficient
for their islands, and, of course, the inhabitants must, of necessity,
buy our fish. 2. That from the constancy of our fishery, and the short
season during which theirs continued, and also from the economy and
management of ours, compared with the expense of theirs, we had always
been able to sell our fish, in their islands, at twenty-five livres the
quintal, while they were obliged to ask thirty-six livres. (I suppose he
meant the livre of the French islands.) That thus, the duty and premium
had been a necessary operation on their side, to place the sale of their
fish on a level with ours, and that without this, theirs could not bear
the competition.
I have here brought together the substance of what was said on the
preceding subjects, not pretending to give it verbatim, which my memory
does not enable me to do. I have, probably, omitted many things which were
spoken, but have mentioned nothing which was not. It was interrupted, at
times, with collateral matters. One of these was important. The Count
de Vergennes complained, and with a good deal of stress, that they did
not find a sufficient dependence on arrangements taken with us. This
was the third time too, he had done it; first, in a conversation at
Fontainebleau, when he first complained to me of the navigation acts of
Massachusetts and New Hampshire; secondly, in his letter of October the
30th, 1785, on the same subject; and now, in the present conversation,
wherein he added, as another instance, the case of the Chevalier de
Mezieres, heir of General Oglethorpe, who, notwithstanding that the 11th
article of the treaty provides, that the subjects or citizens of either
party shall succeed, _ab intestato_, to the lands of their ancestors,
within the dominions of the other, had been informed from Mr. Adams,
and by me also, that his right of succession to the General's estate in
Georgia was doubtful. He observed too, that the administration of justice
with us was tardy, insomuch that their merchants, when they had money
due to them within our States, considered it as desperate; and that our
commercial regulations, in general, were disgusting to them. These ideas
were new, serious and delicate. I decided, therefore, not to enter into
them at that moment, and the rather, as we were speaking in French, in
which language I did not choose to hazard myself. I withdrew from the
objections of the tardiness of justice with us, and the disagreeableness
of our commercial regulations, by a general observation, that I was not
sensible they were well founded. With respect to the case of the Chevalier
de Mezieres, I was obliged to enter into some explanations. They related
chiefly to the legal operation of our Declaration of Independence, to the
undecided question whether our citizens and British subjects were thereby
made aliens to one another, to the general laws as to conveyances of
land to aliens, and the doubt whether an act of the Assembly of Georgia
might not have been passed, to confiscate General Oglethorpe's property,
which would of course prevent its devolution on any heir. Mr. Reyneval
observed, that in this case, it became a mere question of fact, whether a
confiscation of these lands had taken place before the death of General
Oglethorpe, which fact might be easily known by inquiries in Georgia,
where the possessions lay. I thought it very material, that the opinion
of this court should be set to rights on these points. On my return,
therefore, I wrote the following observations on them, which, the next
time I went to Versailles, (not having an opportunity of speaking to
the Count de Vergennes,) I put into the hands of M. Reyneval, praying
him to read them, and to ask the favor of the Count to do the same.
_Explanations on some of the subjects of conversation which I had
the honor of having with his Excellency, the Count de Vergennes,
when I was last at Versailles._
The principal design of that conversation was, to discuss those articles
of commerce which the United States could spare, which are wanted in
France, and if received there on a convenient footing, would be exchanged
for the productions of France. But in the course of the conversation,
some circumstances were incidentally mentioned by the Count de Vergennes,
which induced me to suppose he had received impressions, neither favorable
to us, nor derived from perfect information.
The case of the Chevalier de Mezieres was supposed to furnish an instance
of our disregard to treaties; and the event of that case was inferred
from opinions supposed to have been given by Mr. Adams and myself. This
is ascribing a weight to our opinions, to which they are not entitled.
They will have no influence on the decision of the case. The judges in
our courts, would not suffer them to be read. Their guide is the law of
the land, of which law its treaties make a part. Indeed, I know not what
opinion Mr. Adams may have given on the case. And, if any be imputed
to him derogatory of our regard to the treaty with France, I think
his opinion has been misunderstood. With respect to myself, the doubts
which I expressed to the Chevalier de Mezieres, as to the success of his
claims, were not founded on any question whether the treaty between France
and the United States would be observed. On the contrary, I venture to
pronounce that it will be religiously observed, if his case comes under
it. But I doubted whether it would come under the treaty. The case, as
I understand it, is this: General Oglethorpe, a British subject, had
lands in Georgia. He died since the peace, having devised these lands
to his wife. His heirs are the Chevalier de Mezieres, son of his elder
sister, and the Marquis de Bellegarde, son of his younger sister. This
case gives rise to legal questions, some of which have not yet been
decided, either in England or America, the laws of which countries are
nearly the same.
1. It is a question under the laws of those countries, whether persons
_born before their separation_, and once completely invested, in both,
with the character of natural subjects, can ever become aliens in either?
There are respectable opinions on both sides. If the negative be right,
then General Oglethorpe having never become an alien, and having devised
his lands to his wife, who, on this supposition, also, was not an alien,
the devise has transferred the lands to her, and there is nothing left
for the treaty to operate on.
2. If the affirmative opinion be right, and the inhabitants of Great
Britain and America, _born before the Revolution_, are become aliens to
each other, it follows by the laws of both, that the lands which either
possessed, within the jurisdiction of the other, became the property of
the State in which they are. But a question arises, whether the transfer
of the property took place on the Declaration of Independence, or not
till an office, or an act of Assembly, had declared the transfer. If the
property passed to the State on the Declaration of Independence, then
it did not remain in General Oglethorpe, and, of course, at the time of
his death, he having nothing, there was nothing to pass to his heirs,
and so, nothing for the treaty to operate on.
3. If the property does not pass till declared by an office found by
jury, or an act passed by the Assembly, the question then is, whether
an office had been found, or an act of Assembly been passed for that
purpose, before the peace? If there was, the lands had passed to the
State during his life, and nothing being left in him, there is nothing
for his heirs to claim under the treaty.
4. If the property had not been transferred to the State before the
peace, either by the Declaration of Independence, or an office, or an act
of Assembly, then it remained in General Oglethorpe at the epoch of the
peace; and it will be insisted, no doubt, that, by the sixth article of
the treaty of peace, between the United States and Great Britain, which
forbids future confiscations, General Oglethorpe acquired a capacity of
holding and of conveying his lands. He has conveyed them to his wife.
But she being an alien, it will be decided by the laws of the land,
whether she took them for her own use, or for the use of the State. For
it is a general principle of our law, that conveyances to aliens pass
the lands to the State; and it may be urged, that though, by the treaty
of peace, General Oglethorpe could convey, yet that treaty did not mean
to give him a greater privilege of conveyance than natives hold, to wit:
a privilege of transferring the property to persons incapable, by law,
of taking it. However, this would be a question between the State of
Georgia and the widow of General Oglethorpe, in the decision of which
the Chevalier de Mezieres is not interested, because, whether she takes
the land by the will, for her own use, or for that of the State, it is
equally prevented from descending to him: there is neither a conveyance
to him, nor a succession _ab intestato_ devolving on him, which are the
cases provided for by our treaty with France. To sum up the matter in
a few words; if the lands had passed to the State before the epoch of
peace, the heirs of General Oglethorpe cannot say they have descended
on them, and if they remained in the General at that epoch, the treaty
saving them to him, he could convey them away from his heirs, and he
has conveyed them to his widow, either for her own use, or for that of
the State.
Seeing no event in which, according to the facts stated to me, the treaty
could be applied to this case, or could give any right whatever, to the
heirs of General Oglethorpe, I advised the Chevalier de Mezieres not to
urge his pretensions on the footing of right, nor under the treaty, but
to petition the Assembly of Georgia for a grant of these lands. If, in
the question between the State and the widow of General Oglethorpe, it
should be decided that they were the property of the State, I expected
from their generosity, and the friendly disposition in America towards
the subjects of France, that they would be favorable to the Chevalier
de Mezieres. There is nothing in the preceding observations which would
not have applied against the heir of General Oglethorpe, had he been a
native citizen of Georgia, as it now applies against him, being a subject
of France. The treaty has placed the subjects of France on a footing
with natives, as to conveyances and descent of property. There was no
occasion for the Assemblies to pass laws on this subject; the treaty
being a law, as I conceive, superior to those of particular Assemblies,
and repealing them, when they stand in the way of its operations.
The supposition that the treaty was disregarded on our part, in the
instance of the acts of Assembly of Massachusetts and New Hampshire, which
made a distinction between natives and foreigners, as to the duties to
be paid on commerce, was taken notice of in the letter of November the
20th, which I had the honor of addressing to the Count de Vergennes. And
while I express my hopes that, on a revision of these subjects, nothing
will be found in them derogatory from either the letter or spirit of our
treaty, I will add assurances that the United States will not be behind
hand in going beyond both, whenever occasions shall offer of manifesting
their sincere attachment to this country.
I will pass on to the observation, that our commercial regulations
are difficult, and repugnant to the French merchants. To detail these
regulations minutely, as they exist in every State, would be beyond my
information. A general view of them, however, will suffice, because the
States differ little in their several regulations. On the arrival of a
ship in America, her cargo must be reported at the proper office. The
duties on it are to be paid. These are commonly from two and a half to
five per cent. on its value. On many articles, the value of which is
tolerably uniform, the precise sum is fixed by law. A tariff of these is
presented to the importer, and he can see what he has to pay, as well
as the officer. For other articles, the duty is such a per cent. on
their value. That value is either shown by the invoice, or by the oath
of the importer. This operation being once over, and it is a very short
one, the goods are considered as entered, and may then pass through
the whole thirteen States without their being ever more subject to a
question, unless they be reshipped. Exportation is still more simple;
because, as we prohibit the exportation of nothing, and very rarely
lay a duty on any article of export, the State is little interested in
examining outward-bound vessels. The captain asks a clearance for his
own purposes. As to the operations of internal commerce, such as matters
of exchange, of buying, selling, bartering, &c., our laws are the same
as the English. If they have been altered in any instance, it has been
to render them more simple.
Lastly, as to the tardiness of the administration of justice with us,
it would be equally tedious and impracticable for me to give a precise
account of it in every State. But I think it probable that it is much
on the same footing through all the States, and that an account of it
in any one of them may found a general presumption of it in the others.
Being best acquainted with its administration in Virginia, I shall
confine myself to that. Before the Revolution, a judgment could not be
obtained under eight years in the supreme court, where the suit was
in the department of the common law, which department embraces about
nine-tenths of the subject of legal contestation. In that of the chancery,
from twelve to twenty years were requisite. This did not proceed from
any vice in the laws, but from the indolence of the judges appointed by
the King; and these judges holding their office during his will only, he
could have reformed the evil at any time. This reformation was among the
first works of the legislature after our independence. A judgment can
now be obtained in the supreme court in one year at the common law, and
in about three years in the chancery. But more particularly to protect
the commerce of France, which, at that moment, was considerable with us,
a law was passed, giving all suits wherein a foreigner was a party, a
privilege to be tried immediately, on the return of his process, without
waiting till those of natives, which stand before them, shall have been
decided on. Out of this act, however, the British stand excluded by a
subsequent one. This, with its causes, must be explained. The British
army, after ravaging the State of Virginia, had sent off a very great
number of slaves to New York. By the seventh article of the treaty of
peace, they stipulated not to carry away any of these. Notwithstanding
this, it was known, when they were evacuating New York, that they were
carrying away the slaves. General Washington made an official demand of
Sir Guy Carleton, that he should cease to send them away. He answered,
that these people had come to them under promise of the King's protection,
and that that promise should be fulfilled in preference to the stipulation
in the treaty. The State of Virginia, to which nearly the whole of these
slaves belonged, passed a law to forbid the recovery of debts due to
British subjects. They declared, at the same time, they would repeal
the law, if Congress were of opinion they ought to do it. But, desirous
that their citizens should be discharging their debts, they afterwards
permitted British creditors to prosecute their suits, and to receive
their debts in seven equal and annual payments; relying that the demand
for the slaves would be either admitted or denied in time to lay their
hands on some of the latter payments for reimbursement. The immensity of
this debt was another reason for forbidding such a mass of property to
be offered for sale under execution at once, as, from the small quantity
of circulating money, it must have sold for little or nothing, whereby
the creditor would have failed to receive his money, and the debtor would
have lost his whole estate without being discharged of his debt. This
is the history of the delay of justice in that country in the case of
British creditors. As to all others, its administration is as speedy as
justice itself will admit. I presume it is equally so in all the other
States, and can add, that it is administered in them all, with a purity
and integrity of which few counties afford an example.
I cannot take leave altogether of the subjects of this conversation
without recalling the attention of the Count de Vergennes to what had
been its principal drift. This was to endeavor to bring about a direct
exchange between France and the United States (without the intervention
of a third nation), of those productions with which each could furnish
the other. We can furnish to France (because we have heretofore furnished
to England), of whale oil and spermaceti, of furs and peltry, of ships
and naval stores, and of potash, to the amount of fifteen millions of
livres; and the quantities will admit of increase. Of our tobacco, France
consumes the value of ten millions more. Twenty-five millions of livres,
then, mark the extent of that commerce of exchange, which is, at present,
practicable between us. We want, in return, productions and manufactures,
not money. If the duties on our produce are light, and the sale free,
we shall undoubtedly bring it here, and lay out the proceeds on the
spot in the productions and manufactures which we want. The merchants of
France will, on their part, become active in the same business. We shall
no more think, when we shall have sold our produce here, of making an
useless voyage to another country to lay out the money, than we think
at present, when we have sold it elsewhere, of coming here to lay out
the money. The conclusion is, that there are commodities which form a
basis of exchange to the extent of a million of guineas annually; it is
for the wisdom of those in power to contrive that the exchange shall be
made.
Having put this paper into the hands of Monsieur Reyneval, we entered
into conversation again, on the subject of the Farms, which were now
understood to be approaching to a conclusion. He told me, that he was
decidedly of opinion, that the interest of the State required the Farm
of tobacco to be discontinued, and that he had, accordingly, given every
aid to my proposition, which laid within his sphere; that the Count
de Vergennes was very clearly of the same opinion, and had supported
it strongly with reasons of his own, when he transmitted it to the
Comptroller General; but that the Comptroller, in the discussions of
this subject which had taken place, besides the objections which the
Count de Vergennes had repeated to me, and which are before mentioned,
had added, that the contract with the Farmers General was now so far
advanced, that the article of tobacco could not be withdrawn from it,
without unravelling the whole transaction. Having understood that, in this
contract, there was always reserved to the crown a right to discontinue
it at any moment, making just reimbursements to the Farmers, I asked
M. Reyneval, if the contract should be concluded in its present form,
whether it might still be practicable to have it discontinued, as to the
article of tobacco, at some future moment. He said it might be possible.
Upon the whole, the true obstacle to this proposition has penetrated,
in various ways, through the veil which covers it. The influence of the
Farmers General has been heretofore found sufficient to shake a minister
in his office. Monsieur de Calonnes' continuance or dismission, has been
thought, for some time, to be on a poise. Were he to shift this great
weight, therefore, out of his own scale into that of his adversaries,
it would decide their preponderance. The joint interests of France and
America would be insufficient counterpoise in his favor.
It will be observed that these efforts to improve the commerce of the
United States, have been confined to that branch only which respects
France itself, and that nothing passed on the subject of our commerce
with the West Indies, except an incidental conversation as to our fish.
The reason of this, was no want of a due sense of its importance. Of
that, I am thoroughly sensible. But efforts in favor of this branch
would, at present, be desperate. To nations with which we have not yet
treated, and who have possessions in America, we may offer a free vent
of their manufactures in the United States, for a full or modified
admittance into those possessions. But to France, we are obliged to
give that freedom for a different compensation; to wit, for her aid in
effecting our independence. It is difficult, therefore, to say what we
have now to offer her, for an admission into her West Indies. Doubtless,
it has its price. But the question is, what this would be, and whether
worth our while to give it. Were we to propose to give to each other's
citizens all the rights of natives, they would, of course, count what
they should gain by this enlargement of right, and examine whether it
would be worth to them as much as their monopoly of their West India
commerce. If not, that commercial freedom which we wish to preserve, and
which, indeed, is so valuable, leaves us little to offer. An expression
in my letter to the Count de Vergennes, of November the 20th, wherein
I hinted that both nations might, perhaps, come into the opinion, that
the condition of _natives_ might be a better ground of intercourse for
their citizens, than that of the _most favored_ nation, was intended
to furnish an opportunity to the minister of parleying on that subject,
if he was so disposed, and to myself, of seeing whereabouts they would
begin, that I might communicate it to Congress, and leave them to judge of
the expediency of pursuing the subject. But no overtures have followed;
for I have no right to consider as coming from the minister, certain
questions which were, very soon after, proposed to me by an individual.
It sufficiently accounts for these questions, that that individual had
written a memorial on the subject, for the consideration of the minister,
and might wish to know what we would be willing to do. The idea that I
should answer such questions to him, is equally unaccountable, whether we
suppose them originating with himself, or coming from the minister. In
fact, I must suppose them to be his own; and I transmit them, only that
Congress may see what one Frenchman, at least, thinks on the subject.
If we can obtain from Great Britain reasonable conditions of commerce,
(which, in my idea, must forever include an admission into her islands,)
the freest ground between these two nations would seem to be the best.
But if we can obtain no equal terms from her, perhaps Congress might
think it prudent, as Holland has done, to connect us unequivocally with
France. Holland has purchased the protection of France. The price she
pays, is _aid in time of war_. It is interesting for us to purchase a
free commerce with the French islands. But whether it is best to pay for
it, by _aids in war, or by privileges in commerce, or not to purchase
it at all_, is the question.
FOOTNOTE:
[14]
TO JOHN JAY.
PARIS, January 2d, 1786.
SIR,--Several conferences and letters having passed
between the Count de Vergennes and myself, on the subject
of the commerce of this country with the United States,
I think them sufficiently interesting to be communicated
to Congress. They are stated in the form of a report, and
are herein enclosed. The length of this despatch, perhaps,
needs apology. Yet I have not been able to abridge it,
without omitting circumstances which I thought Congress
would rather choose to know. Some of the objects of these
conferences present but small hopes for the present, but
they seem to admit a possibility of success at some future
moment.
* * * * *
I am Sir, your most obedient and most humble servant.
[The above extract from the report referred to in the
preceding letter embraces everything interesting therein,
not communicated to the reader in the previous correspondence.]
V.
_Answers by Mr. Jefferson, to questions addressed to him by Monsieur
de Meusnier, author of that part of the Encyclopedie Methodique, entitled
Economie politique et diplomatique_.
1. What has led Congress to determine, that the concurrence of seven votes
is requisite in questions which, by the Confederation, are submitted to
the decision of a majority of the United States, in Congress assembled?
The ninth article of Confederation, section six, evidently establishes
three orders of questions in Congress. 1. The greater ones, which
relate to making peace or war, alliances, coinage, requisitions for
money, raising military force, or appointing its commander-in-chief.
2. The lesser ones, which comprehend all other matters submitted by the
Confederation to the federal head. 3. The single question of adjourning
from day to day. This gradation of questions is distinctly characterized
by the article.
In proportion to the magnitude of these questions, a greater concurrence
of the voices composing the Union was thought necessary. Three degrees
of concurrence, well distinguished by substantial circumstances, offered
themselves to notice. 1. A concurrence of a _majority of the people_ of
the Union. It was thought that this would be insured, by requiring the
voices of nine States; because, according to the loose estimates which
had been made of the inhabitants, and the proportion of them which were
free, it was believed that even the nine smallest would include a majority
of the free citizens of the Union. The voices, therefore, of nine States
were required in the greater questions. 2. A concurrence of the _majority
of the States_. Seven constitute that majority. This number, therefore,
was required in the lesser questions. 3. A concurrence of the _majority
of Congress_, that is to say, of the States actually present in it. As
there is no Congress, when there are not seven States present, this
concurrence could never be of less than four States. But these might
happen to be the four smallest, which would not include one-ninth part
of the free citizens of the Union. This kind of majority, therefore,
was entrusted with nothing but the power of adjourning themselves from
day to day.
Here then are three kind of majorities. 1. Of the people. 2. Of the
States. 3. Of the Congress: each of which is entrusted to a certain
length.
Though the paragraph in question be clumsily expressed, yet it strictly
announces its own intentions. It defines with precision, the _greater_
questions, for which nine votes shall be requisite. In the _lesser_
questions, it then requires a _majority of the United States in Congress
assembled_: a term which will apply either to the number seven, as being
a _majority of the States_, or to the number four as being a _majority
of Congress_. Which of the two kinds of majority, was meant? Clearly,
that which would leave a still smaller kind, for the decision of the
question of adjournment. The contrary construction would be absurd.
This paragraph, therefore, should be understood, as if it had been
expressed in the following terms: "The United States, in Congress
assembled, shall never engage in war, &c., but with the consent of nine
States: nor determine any other question, but with the consent of a
majority of the whole States, except the question of adjournment from
day to day, which may be determined by a majority of the States actually
present in Congress."
2. How far is it permitted, to bring on the reconsideration of a question
which Congress has once determined?
The first Congress which met, being composed mostly of persons who had
been members of the legislatures of their respective States, it was
natural for them to adopt those rules in their proceedings, to which
they had been accustomed in their legislative houses; and the more so,
as these happened to be nearly the same, as having been copied from the
same original, those of the British parliament. One of those rules of
proceeding was, that "a question once determined, cannot be proposed, a
second time, in the same session." Congress, during their first session,
in the autumn of 1774, observed this rule strictly. But before their
meeting in the spring of the following year, the war had broken out.
They found themselves at the head of that war, in an executive as well
as legislative capacity. They found that a rule, wise and necessary for
a legislative body, did not suit an executive one, which, being governed
by events, must change their purposes as those change. Besides, their
session was then to become of equal duration with the war; and a rule,
which should render their legislation immutable, during all that period,
could not be submitted to. They, therefore, renounced it in practice,
and have ever since continued to reconsider their questions freely.
The only restraint as yet provided against the abuse of this permission
to reconsider, is, that when a question has been decided, it cannot be
proposed for reconsideration, but by some one who voted in favor of the
former decision, and declares that he has since changed his opinion.
I do not recollect accurately enough, whether it be necessary that his
vote should have decided that of his State, and the vote of his State
have decided that of Congress.
Perhaps it might have been better, when they were forming the federal
constitution, to have assimilated it, as much as possible, to the
particular constitutions of the States. All of these have distributed the
legislative, executive and judiciary powers, into different departments.
In the federal constitution, the judiciary powers are separated from the
others; but the legislative and executive are both exercised by Congress.
A means of amending this defect has been thought of. Congress having a
power to establish what committees of their own body they please, and to
arrange among them the distribution of their business, they might, on
the first day of their annual meeting, appoint an executive committee,
consisting of a member from each State, and refer to them all executive
business which should occur during their session; confining themselves to
what is of a legislative nature, that is to say, to the heads described
in the ninth article, as of the competence of nine States only, and to
such other questions as should lead to the establishment of general
rules. The journal of this committee, of the preceding day, might be
read the next morning in Congress, and considered as approved, unless a
vote was demanded on a particular article, and that article changed. The
sessions of Congress would then be short, and when they separated, the
Confederation authorizes the appointment of a committee of the States,
which would naturally succeed to the business of the executive committee.
The legislative business would be better done, because the attention of
the members would not be interrupted by the details of execution; and
the executive business would be better done, because, business of this
nature is better adapted to small, than great bodies. A monarchical head
should confide the execution of its will to departments, consisting, each,
of a plurality of hands, who would warp that will, as much as possible,
towards wisdom and moderation, the two qualities it generally wants.
But, a republican head, founding its decrees, originally, in these two
qualities, should commit them to a single hand for execution, giving
them, thereby, a promptitude which republican proceedings generally
want. Congress could not, indeed, confide their executive business to a
smaller number than a committee consisting of a member from each State.
This is necessary to insure the confidence of the Union. But it would
be gaining a great deal, to reduce the executive head to thirteen, and
to relieve themselves of those details. This, however, has as yet been
the subject of private conversations only.
3. A succinct account of paper money in America?
Previous to the Revolution, most of the States were in the habit, whenever
they had occasion for more money than could be raised immediately by
taxes, to issue paper notes or bills, in the name of the State, wherein
they promised to pay to the bearer the sum named in the note or bill. In
some of the States no time of payment was fixed, nor tax laid to enable
payment. In these, the bills depreciated. But others of the States named
in the bill the day when it should be paid, laid taxes to bring in money
enough for that purpose, and paid the bills punctually, on or before the
day named. In these States, paper money was in as high estimation as gold
and silver. On the commencement of the late Revolution, Congress had no
money. The external commerce of the States being suppressed, the farmer
could not sell his produce, and, of course, could not pay a tax. Congress
had no resource then but in paper money. Not being able to lay a tax for
its redemption, they could only promise that taxes should be laid for
that purpose, so as to redeem the bills by a certain day. They did not
foresee the long continuance of the war, the almost total suppression of
their exports, and other events, which rendered the performance of their
engagement impossible. The paper money continued for a twelvemonth equal
to gold and silver. But the quantities which they were obliged to emit
for the purpose of the war, exceeded what had been the usual quantity
of the circulating medium. It began, therefore, to become cheaper, or,
as we expressed it, it depreciated, as gold and silver would have done,
had they been thrown into circulation in equal quantities. But not
having, like them, an intrinsic value, its depreciation was more rapid
and greater than could ever have happened with them. In two years, it
had fallen to two dollars of paper money for one of silver; in three
years, to four for one; in nine months more, it fell to ten for one; and
in the six months following, that is to say, by September, 1779, it had
fallen to twenty for one.
Congress, alarmed at the consequences which were to be apprehended,
should they lose this resource altogether, thought it necessary to
make a vigorous effort to stop its further depreciation. They therefore
determined, in the first place, that their emissions should not exceed
two hundred millions of dollars, to which term they were then nearly
arrived; and though they knew that twenty dollars of what they were
then issuing, would buy no more for their army than one silver dollar
would buy, yet they thought it would be worth while to submit to the
sacrifice of nineteen out of twenty dollars, if they could thereby stop
further depreciation. They, therefore, published an address to their
constituents, in which they renewed their original declarations, that
this paper money should be redeemed at dollar for dollar. They proved
the ability of the States to do this, and that their liberty would be
cheaply bought at that price. The declaration was ineffectual. No man
received the money at a better rate; on the contrary, in six months more,
that is, by March, 1780, it had fallen to forty for one. Congress then
tried an experiment of a different kind. Considering their former offers
to redeem this money at par, as relinquished by the general refusal to
take it, but in progressive depreciation, they required the whole to
be brought in, declared it should be redeemed at its present value, of
forty for one, and that they would give to the holders new bills, reduced
in their denomination to the sum of gold or silver, which was actually
to be paid for them. This would reduce the nominal sum of the mass in
circulation to the present worth of that mass, which was five millions;
a sum not too great for the circulation of the States, and which, they
therefore hoped, would not depreciate further, as they continued firm
in their purpose of emitting no more. This effort was as unavailing as
the former. Very little of the money was brought in. It continued to
circulate and to depreciate, till the end of 1780, when it had fallen
to seventy-five for one, and the money circulated from the French army,
being, by that time, sensible in all the States north of the Potomac,
the paper ceased its circulation altogether in those States. In Virginia
and North Carolina it continued a year longer, within which time it fell
to one thousand for one, and then expired, as it had done in the other
States, without a single groan. Not a murmur was heard on this occasion,
among the people. On the contrary, universal congratulations took place
on their seeing this gigantic mass, whose dissolution had threatened
convulsions which should shake their infant confederacy to its centre,
quietly interred in its grave. Foreigners, indeed, who do not, like
the natives, feel indulgence for its memory, as of a being which has
vindicated their liberties, and fallen in the moment of victory, have
been loud, and still are loud in their complaints. A few of them have
reason; but the most noisy are not the best of them. They are persons
who have become bankrupt by unskilful attempts at commerce with America.
That they may have some pretext to offer to their creditors, they have
bought up great masses of this dead money in America, where it is to be
had at five thousand for one, and they show the certificates of their
paper possessions, as if they had all died in their hands, and had been
the cause of their bankruptcy. Justice will be done to all, by paying
to all persons what this money actually cost them, with an interest of
six per cent. from the time they received it. If difficulties present
themselves in the ascertaining the epoch of the receipt, it has been
thought better that the State should lose, by admitting easy proofs,
than that individuals, and especially foreigners, should, by being held
to such as would be difficult, perhaps impossible.
4. Virginia certainly owed two millions sterling to Great Britain at
the conclusion of the war. Some have conjectured the debt as high as
three millions. I think that State owed near as much as all the rest put
together. This is to be ascribed to peculiarities in the tobacco trade.
The advantages made by the British merchants, on the tobaccos consigned
to them, were so enormous, that they spared no means of increasing those
consignments. A powerful engine for this purpose, was the giving good
prices and credit to the planter, till they got him more immersed in debt
than he could pay, without selling his lands or slaves. They then reduced
the prices given for his tobacco, so that let his shipments be ever
so great, and his demand of necessaries ever so economical, they never
permitted him to clear off his debt, These debts had become hereditary
from father to son, for many generations, so that the planters were a
species of property, annexed to certain mercantile houses in London.
5. The members of Congress are differently paid by different States.
Some are on fixed allowances, from four to eight dollars a day. Others
have their expenses paid, and a surplus for their time. This surplus is
of two, three, or four dollars a day.
6. I do not believe there has ever been a moment, when a single whig, in
any one State, would not have shuddered at the very idea of a separation
of their State from the confederacy. The tories would, at all times,
have been glad to see the confederacy dissolved, even by particles at
a time, in hopes of their attaching themselves again to Great Britain.
7. The 11th article of Confederation admits Canada to accede to the
Confederation at its own will, but adds, "no other colony shall be
admitted to the same, unless such admission be agreed to by nine States."
When the plan of April, 1784, for establishing new States was on the
carpet, the committee who framed the report of that plan, had inserted
this clause, "provided nine States agree to such admission, according to
the reservation of the 11th of the articles of Confederation." It was
objected, 1. That the words of the confederation, "no other colony,"
could refer only to the residuary possessions of Great Britain, as the
two Floridas, Nova Scotia, &c., not being already parts of the Union;
that the law for "admitting" a new member into the Union, could not be
applied to a territory which was already in the Union, as making part of
a State which was a member of it. 2. That it would be improper to allow
"nine" States to receive a new member, because the same reasons which
rendered that number proper now, would render a greater one proper, when
the number composing the Union should be increased. They therefore struck
out this paragraph and inserted a proviso, that "the consent of so many
States, in Congress, shall be first obtained, as may, at the time, be
competent;" thus leaving the question, whether the 11th article applies to
the admission of new States, to be decided when that admission shall be
asked. See the Journal of Congress of April 20, 1784. Another doubt was
started in this debate, viz.: whether the agreement of the nine States,
required by the Confederation, was to be made by their legislatures, or
by their delegates in Congress? The expression adopted, viz.: "so many
States, in Congress, is first obtained," show what was their sense of
this matter. If it be agreed that the 11th article of the Confederation
is not to be applied to the admission of these new States, then it is
contended that their admission comes within the 13th article, which
forbids "any alteration, unless agreed to in a Congress of the United
States, and afterwards confirmed by the legislatures of every State."
The independence of the new States of Kentucky and Franklin, will soon
bring on the ultimate decision of all these questions.
8. Particular instances whereby the General Assembly of Virginia have
shown that they considered the ordinance called their constitution, as
every other ordinance, or act of the legislature, subject to be altered
by the legislature for the time being.
1. The convention which formed that constitution, declared themselves to
be the House of Delegates, during the term for which they were originally
elected, and in the autumn of the year met the Senate, elected under
the new constitution, and did legislative business with them. At this
time, there were malefactors in the public jail, and there was as yet no
court established for their trial. They passed a law, appointing certain
members by name, who were then members of the Executive Council, to
be a court for the trial of these malefactors, though the constitution
had said, in express words, that no person should exercise the powers
of more than one of the three departments, legislative, executive and
judiciary at the same time. This proves that the very men who had made
that constitution understood that it would be alterable by the General
Assembly. This court was only for that occasion. When the next General
Assembly met, after the election of the ensuing year, there was a new
set of malefactors in the jail, and no court to try them. This Assembly
passed a similar law to the former, appointing certain members of the
Executive Council to be an occasional court for this particular case.
Not having the journals of Assembly by me, I am unable to say whether
this measure was repealed afterwards. However, they are instances of
_executive_ and _judiciary_ powers exercised by the same persons, under
the authority of a law, made in contradiction to the constitution.
2. There was a process depending in the ordinary courts of justice,
between two individuals of the names of Robinson and Fauntleroy, who
were relations, of different descriptions, to one Robinson, a British
subject, lately dead. Each party claimed a right to inherit the lands of
the decedent according to the laws. Their right should by the constitution
have been decided by the judiciary courts; and it was actually depending
before them. One of the parties petitioned the Assembly (I think it was
in the year 1782), who passed a law deciding the right in his favor. In
the following year, a Frenchman, master of a vessel, entered into port
without complying with the laws established in such cases, whereby he
incurred the forfeitures of the law to any person who would sue for them.
An individual instituted a legal process to recover these forfeitures
according to the law of the land. The Frenchman petitioned the Assembly,
who passed a law deciding the question of forfeiture in his favor. These
acts are occasional repeals of that part of the constitution which forbids
the same persons to exercise _legislative_ and _judiciary_ powers at
the same time.
The Assembly is in the habitual exercise, during their sessions, of
directing the Executive what to do. There are few pages of their journals
which do not show proofs of this, and consequently instances of the
_legislative_ and _executive_ powers exercised by the same persons at
the same time. These things prove that it has been the uninterrupted
opinion of every Assembly, from that which passed the ordinance called
the constitution down to the present day, that their acts may control
that ordinance, and, of course, that the State of Virginia has no fixed
constitution at all.
[The succeeding observations were made by Mr. Jefferson on an
article entitled "Etats Unis," prepared for the Encyclopedie
Methodique, and submitted to him before its publication.]
Page 8. The malefactors sent to America were not sufficient in number to
merit enumeration, as one class out of three which peopled America. It
was at a late period of their history that this practice began. I have no
book by me which enables me to point out the date of its commencement.
But I do not think the whole number sent would amount to two thousand,
and being principally men, eaten up with disease, they married seldom and
propagated little. I do not suppose that themselves and their descendants
are at present four thousand, which is little more than one thousandth
part of the whole inhabitants.
Indented servants formed a considerable supply. These were poor Europeans,
who went to America to settle themselves. If they could pay their passage,
it was well. If not, they must find means of paying it. They were at
liberty, therefore, to make an agreement with any person they chose,
to serve him such a length of time as they agreed on, upon condition
that he would repay to the master of the vessel the expenses of their
passage. If, being foreigners, unable to speak the language, they did
not know how to make a bargain for themselves, the captain of the vessel
contracted for them with such persons as he could. This contract was by
deed indented, which occasioned them to be called indented servants.
Sometimes they were called redemptioners, because by their agreement
with the master of the vessel, they could _redeem_ themselves from his
power by paying their passage, which they frequently effected by hiring
themselves on their arrival, as is before mentioned. In some States I
know that these people had a right of marrying themselves without their
master's leave, and I did suppose they had that right everywhere. I did
not know that in any of the States they demanded so much as a week for
every day's absence without leave. I suspect this must have been at a
very early period, while the governments were in the hands of the first
emigrants, who, being mostly laborers, were narrow-minded and severe. I
know that in Virginia the laws allowed their servitude to be protracted
only two days for every one they were absent without leave. So mild was
this kind of servitude, that it was very frequent for foreigners, who
carried to America money enough not only to pay their passage, but to
buy themselves a farm, to indent themselves to a master for three years
for a certain sum of money, with a view to learn the husbandry of the
country. I will here make a general observation. So desirous are the poor
of Europe to get to America, where they may better their condition, that
being unable to pay their passage, they will agree to serve two or three
years on their arrival here, rather than not go. During the time of that
service, they are better fed, better clothed, and have lighter labor,
than while in Europe. Continuing to work for hire a few years longer,
they buy a farm, marry, and enjoy all the sweets of a domestic society
of their own. The American governments are censured for permitting this
species of servitude, which lays the foundation of the happiness of
these people. But what should these governments do? Pay the passage of
all those who choose to go into their country? They are not able; nor
were they able, do they think the purchase worth the price? Should they
exclude these people from their shores? Those who know their situations
in Europe and America, would not say that this is the alternative which
humanity dictates. It is said that these people are deceived by those
who carry them over. But this is done in Europe. How can the American
governments prevent it? Should they punish the deceiver? It seems more
incumbent on the European government, where the act is done, and where a
public injury is sustained from it. However, it is only in Europe that
this deception is heard of. The individuals are generally satisfied in
America with their adventure, and very few of them wish not to have made
it. I must add that the Congress have nothing to do with this matter.
It belongs to the legislatures of the several States.
Page 26. "Une puissance, en effet," &c. The account of the settlement of
the colonies, which precedes this paragraph, shows that that settlement
was not made by public authority, or at the public expense of England;
but by the exertions, and at the expense of individuals. Hence it
happened, that their constitutions were not formed systematically, but
according to the circumstances which happened to exist in each. Hence,
too, the principles of the political connection between the old and new
countries, were never settled. That it would have been advantageous to
have settled them, is certain; and, particularly, to have provided a body
which should decide, in the last resort, all cases wherein both parties
were interested. But it is not certain that that right would have been
given, or ought to have been given to the Parliament; much less, that it
resulted to the Parliament, without having been given to it expressly.
Why was it necessary that there should have been a body to decide in the
last resort? Because, it would have been for the good of both parties.
But this reason shows it ought not to have been the Parliament, since
that would have exercised it for the good of one party only.
Page 105. As to the change of the 8th article of Confederation, for
quoting requisitions of money on the States.
By a report of the Secretary of Congress, dated January the 4th, 1786,
eight States had then acceded to the proposition; to wit, Massachusetts,
Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia,
and North Carolina.
Congress, on the 18th of April, 1783, recommended to the States to invest
them with a power, for twenty-five years, to levy an impost of five per
cent. on all articles imported from abroad. New Hampshire, Massachusetts,
Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina,
and South Carolina, had complied with this, before the 4th of January,
1786. Maryland had passed an act for the same purpose; but, by a mistake
in referring to the date of the recommendation of Congress, the act
failed of its effect. This was therefore to be rectified. Since the 4th
of January, the public papers tell us that Rhode Island has complied
fully with this recommendation.
It remains still for New York and Georgia to do it. The exportations
of America, which are tolerably well known, are the best measure for
estimating the importations. These are probably worth about twenty
millions of dollars, annually. Of course, this impost will pay the
interest of a debt to that amount. If confined to the foreign debt,
it will pay the whole interest of that, and sink half a million of the
capital, annually. The expenses of collecting this impost, will probably
be six per cent. on its amount, this being the usual expense of collection
in the United States. This will be sixty thousand dollars.
On the 30th of April, 1784, Congress recommended to the States, to invest
them with a power, for fifteen years, to exclude from their ports the
vessels of all nations, not having a treaty of commerce with them; and
to pass, as to all nations, an act on the principles of the British
navigation act. Not that they were disposed to carry these powers into
execution, with such as would meet them in fair and equal arrangements
of commerce; but that they might be able to do it against those who
should not. On the 4th of January, 1786, New Hampshire, Massachusetts,
Rhode Island, Connecticut, New York, Pennsylvania, Maryland, Virginia,
and North Carolina, had done it. It remained for New Jersey, Delaware,
South Carolina, and Georgia, to do the same.
In the meantime, the general idea has advanced before the demands of
Congress, and several States have passed acts, for vesting Congress with
the whole regulation of their commerce, reserving the revenue arising
from these regulations, to the disposal of the State in which it is
levied. The States which, according to the public papers, have passed
such acts, are New Hampshire, Massachusetts, Rhode Island, New Jersey,
Delaware, and Virginia; but the Assembly of Virginia, apprehensive that
this disjointed method of proceeding may fail in its effect, or be much
retarded, passed a resolution on the 21st of January, 1786, appointing
commissioners to meet others from the other States, whom they invite into
the same measure, to digest the form of an act, for investing Congress
with such powers over their commerce, as shall be thought expedient,
which act is to be reported to their several Assemblies, for their
adoption. This was the state of the several propositions relative to the
impost, and regulation of commerce, at the date of our latest advices
from America.
Page 125. The General Assembly of Virginia, at their session in 1785,
passed an act, declaring that the district, called Kentucky, shall be a
separate and independent State, on these conditions. 1. That the people
of that district shall consent to it. 2. That Congress shall consent to
it, and shall receive them into the federal Union. 3. That they shall
take on themselves a proportionable part of the public debt of Virginia.
4. That they shall confirm all titles to lands within their district,
made by the State of Virginia, before their separation.
Page 139. It was in 1783, and not in 1781, that Congress quitted
Philadelphia.
Page 140. "Le Congres qui se trouvoit à la portée des rebelles fut
effrayé." I was not present on this occasion, but I have had relations
of the transaction from several who were. The conduct of Congress was
marked with indignation and firmness. They received no propositions
from the mutineers. They came to the resolutions, which may be seen in
the journals of June the 21st, 1783, then adjourned regularly, and went
through the body of the mutineers to their respective lodgings. The
measures taken by Dickinson, the President of Pennsylvania, for punishing
this insult, not being satisfactory to Congress, they assembled, nine
days after, at Princeton, in Jersey. The people of Pennsylvania sent
petitions declaring their indignation at what had passed, their devotion
to the federal head, and their dispositions to protect it, and praying
them to return; the legislature, as soon as assembled, did the same
thing; the Executive, whose irresolution had been so exceptionable, made
apologies. But Congress were now removed; and, to the opinion that this
example was proper, other causes were now added, sufficient to _prevent_
their return to Philadelphia.
Page 155. l. 2. Omit "La detta actuelle," &c.
And also, "Les details," &c., &c., to the end of the paragraph, "celles
des Etats Unis;" page 156. The reason is, that these passages seem to
suppose, that the several sums emitted by Congress, at different times,
amounting nominally to two hundred millions of dollars, had been actually
worth that at the time of emission, and, of course, that the soldiers
and others had received that sum from Congress. But nothing is further
from the truth. The soldier, victualler, or other persons who received
forty dollars for a service, at the close of the year 1779, received,
in fact, no more than he who received one dollar for the same service,
in the year 1775, or 1776; because, in those years, the paper money was
at par with silver; whereas, by the close of 1779, forty paper dollars
were worth but one of silver, and would buy no more of the necessaries
of life. To know what the monies emitted by Congress were worth to the
people, at the time they received them, we will state the date and amount
of every several emission, the depreciation of paper money at the time,
and the real worth of the emission in silver or gold.
+------------------+--------------+-------------+------------------+
| | | | Worth of the sum |
| Emission. | Sum Emitted.|Depreciation.|emitted, in silver|
| | | | dollars. |
+------------------+--------------+-------------+------------------+
|1775. June 23 | 2,000,000| .... | 2,000,000 |
| " November 29 | 3,000,000| .... | 3,000,000 |
|1776. Feb. 17 | 4,000,000| .... | 4,000,000 |
| " August 13 | 5,000,000| .... | 5,000,000 |
|1777. May 20 | 5,000,000| 2⅔ | 1,877,273 |
| " August 15 | 1,000,000| 3 | 333,333⅓ |
| " Nov. 7 | 1,000,000| 4 | 250,000 |
| " Dec. 3 | 1,000,000| 4 | 250,000 |
|1778. January 8 | 1,000,000| 4 | 250,000 |
| " January 22 | 2,000,000| 4 | 500,000 |
| " February 16 | 2,000,000| 5 | 400,000 |
| " March 5 | 2,000,000| 5 | 400,000 |
| " April 4 | 1,000,000| 6 | 166,666⅔ |
| " April 10 | 5,000,000| 6 | 833,333⅓ |
| " April 18 | 500,000| 6 | 83,333⅓ |
| " May 22 | 5,000,000| 5 | 1,000,000 |
| " June 20 | 5,000,000| 4 | 1,250,000 |
| " July 30 | 5,000,000| 4⅓ | 1,111,111 |
| " September 5 | 5,000,000| 5 | 1,000,000 |
| " September 26| 10,000,100| 5 | 2,000,020 |
| " November 4 | 10,000,100| 6 | 1,666,683⅓ |
| " December 14 | 10,000,100| 6 | 1,666,683⅓ |
|1779. January 14 |[15]24,447,620| 8 | 3,055,952½ |
| " February 3 | 5,000,160| 10 | 500,016 |
| " February 12 | 5,000,160| 10 | 500,016 |
| " April 2 | 5,000,160| 17 | 294,127 |
| " May 5 | 10,000,100| 21 | 416,670⅚ |
| " June 4 | 10,000,100| 20 | 500,005 |
| " July 17 | 15,000,280| 20 | 750,014 |
| " September 17| 15,000,260| 24 | 625,610⅚ |
| " October 14 | 5,000,180| 30 | 166,672⅔ |
| " November 17 | 10,050,340| 38½ | 261,053 |
| " November 29 | 10,000,140| 38½ | 259,743 |
| +--------------+-------------+------------------+
| | 200,000,000| | 36,367,719⅚ |
+------------------+--------------+-------------+------------------+
Thus, it appears, that the two hundred millions of dollars, emitted by
Congress, were worth, to those who received them, but about thirty-six
millions of silver dollars. If we estimate at the same value, the like
sum of two hundred millions, supposed to have been emitted by the States,
and reckon the Federal debt, foreign and domestic, at about forty-three
millions, and the State debts, at about twenty-five millions, it will
form an amount of one hundred and forty millions of dollars, or seven
hundred and thirty-five millions of livres, Tournois, the total sum which
the war has cost the inhabitants of the United States. It continued eight
years, from the battle of Lexington to the cessation of hostilities in
America. The annual expense, then, was about seventeen millions and five
hundred thousand dollars, while that of our enemies was a greater number
of guineas.
It will be asked, how will the two masses of Continental and of State
money have cost the people of the United States seventy-two millions of
dollars, when they are to be redeemed, now, with about six millions? I
answer, that the difference, being sixty-six millions, has been lost on
the paper bills, separately, by the successive holders of them. Every
one, through whose hands a bill passed, lost on that bill what it lost in
value, during the time it was in his hands. This was a real tax on him;
and, in this way, the people of the United States actually contributed
those sixty-six millions of dollars, during the war, and by a mode of
taxation the most oppressive of all, because the most unequal of all.
Page 166; bottom line. Leave out "Et c'est une autre economie," &c. The
reason of this, is, that in 1784, purchases of lands were to be made
of the Indians, which were accordingly made. But in 1785, they did not
propose to make any purchase. The money desired in 1785, five thousand
dollars, was probably to pay agents residing among the Indians, or
balances of the purchases of 1784. These purchases will not be made every
year; but only at distant intervals, as our settlements are extended;
and it may be regarded as certain, that not a foot of land will ever
be taken from the Indians, without their own consent. The sacredness of
their rights, is felt by all thinking persons in America, as much as in
Europe.
Page 170. Virginia was quotaed the highest of any State in the Union.
But during the war, several States appear to have paid more, because
they were free from the enemy, whilst Virginia was cruelly ravaged. The
requisition of 1784, was so quotaed on the several States, as to bring
up their arrearages; so that when they should have paid the sums then
demanded, all would be on an equal footing. It is necessary to give a
further explanation of this requisition. The requisitions of one million
and two hundred thousand dollars, of eight millions, and two millions,
had been made during the war, as an experiment, to see whether, in that
situation, the States could furnish the necessary supplies. It was found
they could not. The money was thereupon obtained by loans in Europe; and
Congress meant, by their requisition of 1784, to abandon the requisitions
of one million and two hundred thousand dollars, and of two millions,
and also one-half of the eight millions. But as all the States, almost,
had made some payments in part of that requisition, they were obliged to
retain such a proportion of it, as would enable them to call for equal
contributions from all the others.
Page 170. I cannot say how it has happened, that the debt of Connecticut
is greater than that of Virginia. The latter is the richest in
productions, and, perhaps, made greater exertions to pay for her supplies
in the course of the war.
Page 172. "Les Americains sevant aprés une banqueroute," &c. The
objections made to the United States, being here condensed together
in a short compass, perhaps, it would not be improper to condense
the answers in as small a compass, in some such form as follows. That
is, after the words "aucun espoir," add, "But to these charges it may
be justly answered, that those are no bankrupts who acknowledge the
sacredness of their debts, in their just and real amount, who are able,
within a reasonable time, to pay them, and who are actually proceeding
in that payment; that they furnish, in fact, the supplies necessary for
the support of their government; that their officers and soldiers are
satisfied, as the interest of their debt is paid regularly, and the
principal is in a course of payment; that the question, whether they
fought ill, should be asked of those who met them at Bunker's hill,
Bennington, Stillwater, King's mountain, the Cowpens, Guilford, and
the Eutaw. And that the charges of ingratitude, madness, infidelity and
corruption, are easily made by those to whom falsehoods cost nothing;
but that no instances, in support of them, have been produced, or can
be produced."
Page 187. "Les officiérs et les soldats ont eté payés," &c. The balances
due to the officers and soldiers have been ascertained, and a certificate
of the sum given to each; on these, the interest is regularly paid; and
every occasion is seized of paying the principal, by receiving these
certificates as money, whenever public property is sold, till a more
regular and effectual method can be taken, for paying the whole.
Page 191. "Quoique la loi dont nous parlons, ne s'observe plus en
Angleterre." "An alien born may purchase lands or other estates, but not
for his own use; for the King is thereupon entitled to them." "Yet an
alien may acquire a property in goods, money and other personal estate,
or may hire a house for his habitation. For this is necessary for the
advancement of trade." "Also, an alien may bring an action concerning
personal property, and may make a will, and dispose of his personal
estate." "When I mention these rights of an alien, I must be understood
of alien _friends_ only, or such whose countries are in peace with ours;
for alien _enemies_ have no rights, no privileges, unless by the King's
special favor, during the time of war." Blackstone, B. 1. c. 10, page
372. "An alien _friend_ may have personal actions, but not real; an
alien _enemy_ shall have neither real, personal, or mixed actions. The
reason why an alien _friend_ is allowed to maintain a personal action,
is, because he would otherwise be incapacitated to merchandise, which
may be as much to our prejudice as his." Cunningham's law dict. title,
Aliens. The above is the clear law of England, practiced from the
earliest ages to this day, and never denied. The passage quoted by M.
de Meuisnier from 2 Blackstone, c. 26, is from his chapter, "Of title
to things _personal by occupancy_." The word "personal," shows, that
nothing in this chapter relates to lands, which are _real_ estate; and,
therefore, this passage does not contract the one before quoted from
the same author, (1 Bl. c. 10.) which says, that the lands of an alien
belong to the King. The words, "of title by _occupancy_," show, that it
does not relate to _debts_, which, being a moral existence only, cannot
be the subject of _occupancy_. Blackstone, in this passage, (B. 2. c.
26.) speaks only of personal goods of an alien, which another may find,
and seize as prime occupant.
Page 193. "Le remboursement presentera des difficultés des sommes
considerables," &c. There is no difficulty nor doubt on this subject.
Every one is sensible how this is to be ultimately settled. Neither the
British creditor, nor the State, will be permitted to lose by these
payments. The debtor will be credited for what he paid, according to
what it was really worth at the time he paid it, and he must pay the
balance. Nor does he lose by this; for if a man who owed one thousand
dollars to a British merchant, paid eight hundred paper dollars into
the treasury, when the depreciation was at eight for one, it is clear
he paid but one hundred real dollars, and must now pay nine hundred. It
is probable, he received those eight hundred dollars for one hundred
bushels of wheat, which were never worth more than one hundred silver
dollars. He is credited, therefore, the full worth of his wheat. The
equivoque is in the use of the word "dollar."
Page 226. "Qu' on abolisse les privileges du clergé." This privilege,
originally allowed to the clergy, is now extended to every man, and
even to women. It is a right of exemption from capital punishment, for
the first offence, in most cases. It is, then, a pardon by the law. In
other cases, the Executive gives the pardon. But when laws are made as
mild as they should be, both those pardons are absurd. The principle of
Beccaria is sound. Let the legislators be merciful, but the executors of
the law inexorable. As the term "privileges du clergé" may be understood
by foreigners, perhaps, it will be better to strike it out here, and
substitute the word "pardon."
Page 239. "Les commissaries veulent," &c. Manslaughter is the killing a
man with design, but in a sudden gust of passion, and where the killer
has not had time to cool. The first offence is not punished capitally,
but the second is. This is the law of England and of all the American
States; and is not now a new proposition. Those laws have supposed that
a man, whose passions have so much dominion over him, as to lead him
to repeated acts of murder, is unsafe to society: that it is better
he should be put to death by the law, than others, more innocent than
himself, on the movements of his impetuous passions.
Ibid. "Mal-aisé d'indiquer la nuance precise," &c. In forming a scale
of crimes and punishments, two considerations have principal weight. 1.
The atrocity of the crime. 2. The peculiar circumstances of a country,
which furnish greater temptations to commit it, or greater facilities
for escaping detection. The punishment must be heavier to counterbalance
this. Were the first the only consideration, all nations would form
the same scale. But, as the circumstances of a country have influence
on the punishment, and no two countries exist precisely under the same
circumstances, no two countries will form the same scale of crimes and
punishments. For example; in America, the inhabitants let their horses
go at large, in the uninclosed lands, which are so extensive, as to
maintain them altogether. It is easy, therefore, to steal them, and easy
to escape. Therefore, the laws are obliged to oppose these temptations
with a heavier degree of punishment. For this reason, the stealing of a
horse in America, is punished more severely, than stealing the same value
in any other form. In Europe, where horses are confined so securely, that
it is impossible to steal them, that species of theft need not be punished
more severely than any other. In some countries of Europe, stealing
fruit from trees is punished capitally. The reason is, that it being
impossible to lock fruit trees up in coffers, as we do our money, it is
impossible to oppose physical bars to this species of theft. Moral ones
are, therefore, opposed by the laws. This, to an unreflecting American,
appears the most enormous of all the abuses of power; because, he has
been used to see fruits hanging in such quantities, that, if not taken
by men, they would rot: he has been used to consider them, therefore,
as of no value, and as not furnishing materials for the commission of
a crime. This must serve as an apology for the arrangements of crimes
and punishments, in the scale under our consideration. A different one
would be formed here; and still different ones in Italy, Turkey, China,
&c.
Page 240. "Les officiers Americains," &c., to page 264, "qui le
meritoient." I would propose to new model this section, in the following
manner. 1. Give a succinct history of the origin and establishment of
the Cincinnati. 2. Examine whether, in its present form, it threatens
any dangers to the State. 3. Propose the most practicable method of
preventing them.
Having been in America, during the period in which this institution
was formed, and being then in a situation which gave me opportunities
of seeing it, in all its stages, I may venture to give M. de Meusnier
materials for the first branch of the preceding distribution of the
subject. The second and third, he will best execute himself. I should
write its history in the following form:
When, on the close of that war, which established the independence of
America, its army was about to be disbanded, the officers, who, during
the course of it, had gone through the most trying scenes together, who,
by mutual aids and good offices, had become dear to one another, felt
with great oppression of mind, the approach of that moment which was to
separate them, never, perhaps, to meet again. They were from different
States, and from distant parts of the same State. Hazard alone could,
therefore, give them but rare and partial occasions of seeing each other.
They were, of course, to abandon altogether the hope of ever meeting
again, or to devise some occasion which might bring them together. And
why not come together on purpose, at stated times? Would not the trouble
of such a journey be greatly overpaid, by the pleasure of seeing each
other again, by the sweetest of all consolations, the talking over the
scenes of difficulty and of endearment they had gone through? This, too,
would enable them to know who of them should succeed in the world, who
should be unsuccessful, and to open the purses of all to every laboring
brother. This idea was too soothing, not to be cherished in conversation.
It was improved into that of a regular association, with an organized
administration, with periodical meetings, general and particular, fixed
contributions for those who should be in distress, and a badge, by which,
not only those who had not had occasion to become personally known,
should be able to recognize one another, but which should be worn by
their descendants, to perpetuate among them the friendships which had
bound their ancestors together.
General Washington was, at that moment, oppressed with the operation
of disbanding an army which was not paid, and the difficulty of this
operation was increased, by some two or three States' having expressed
sentiments, which did not indicate a sufficient attention to their
payment. He was sometimes present, when his officers were fashioning in
their conversations, their newly proposed society. He saw, the innocence
of its origin, and foresaw no effects less innocent. He was, at that
time, writing his valedictory letter to the States, which has been so
deservedly applauded by the world. Far from thinking it a moment to
multiply the causes of irritation, by thwarting a proposition which
had absolutely no other basis but that of benevolence and friendship,
he was rather satisfied to find himself aided in his difficulties by
this new incident, which occupied, and, at the same time, soothed the
minds of the officers. He thought, too, that this institution would
be one instrument the more for strengthening the federal bond, and for
promoting federal ideas. The institution was formed. They incorporated
into it the officers of the French army and navy, by whose sides they
had fought, and with whose aid they had finally prevailed, extending it
to such grades as they were told might be permitted to enter into it.
They sent an officer to France, to make the proposition to them, and to
procure the badges which they had devised for their order. The moment of
disbanding the army having come, before they could have a full meeting
to appoint their President, the General was prayed to act in that office
till their first general meeting, which was to be held at Philadelphia,
in the month of May following.
The laws of the society were published. Men who read them in their
closets, unwarmed by those sentiments of friendship which had produced
them, inattentive to those pains which an approaching separation
had excited in the minds of the institutors, politicians, who see in
everything only the dangers with which it threatens civil society, in
fine, the laboring people, who, shielded by equal laws, had never seen
any difference between man and man, but had read of terrible oppressions,
which people of their description experience in other countries, from
those who are distinguished by titles and badges, began to be alarmed
at this new institution. A remarkable silence, however, was observed.
Their solicitudes were long confined within the circles of private
conversation. At length, however, a Mr. Burke, Chief Justice of South
Carolina, broke that silence. He wrote against the new institution,
foreboding its dangers, very imperfectly indeed, because he had nothing
but his imagination to aid him. An American could do no more; for to
detail the real evils of aristocracy, they must be seen in Europe. Burke's
fears were thought exaggerations in America; while in Europe, it is known
that even Mirabeau has but faintly sketched the curses of hereditary
aristocracy as they are experienced here, and as they would have followed
in America, had this institution remained. The epigraph of Burke's
pamphlet, was, "Blow ye the trumpet in Zion." Its effect corresponded
with its epigraph. This institution became, first, the subject of
general conversation. Next, it was made the subject of deliberation in
the legislative Assemblies of some of the States. The Governor of South
Carolina censured it, in an address to the Assembly of that State. The
Assemblies of Massachusetts, Rhode Island, and Pennsylvania, condemned
its principles. No circumstance, indeed, brought the consideration of
it expressly before Congress; yet it had sunk deep into their minds. An
offer having been made to them, on the part of the Polish order of Divine
Providence, to receive some of their distinguished citizens into that
order, they made that an occasion to declare, that these distinctions
were contrary to the principles of their Confederation.
The uneasiness excited by this institution, had very early caught the
notice of General Washington. Still recollecting all the purity of the
motives which gave it birth, he became sensible that it might produce
political evils, which the warmth of those motives had masked. Add to
this, that it was disapproved by the mass of citizens of the Union. This,
alone, was reason strong enough, in a country where the will of the
majority is the law, and ought to be the law. He saw that the objects
of the institution were too light, to be opposed to considerations as
serious as these; and that it was become necessary to annihilate it
absolutely. On this, therefore, he was decided. The first annual meeting
at Philadelphia was now at hand; he went to that, determined to exert all
his influence for its suppression. He proposed it to his fellow officers,
and urged it with all his powers. It met an opposition which was observed
to cloud his face with an anxiety, that the most distressful scenes of
the war had scarcely ever produced. It was canvassed for several days,
and, at length, it was no more a doubt what would be its ultimate fate.
The order was on the point of receiving its annihilation, by the vote of
a great majority of its members. In this moment, their envoy arrived from
France, charged with letters from the French officers, accepting with
cordiality the proposed badges of union, with solicitations from others
to be received into the order, and with notice that their respectable
Sovereign had been pleased to recognize it, and permit his officers to
wear its badges. The prospect now changed. The question assumed a new
form. After the offer made by them, and accepted by their friends, in
what words could they clothe a proposition to retract it, which would
not cover themselves with the reproaches of levity and ingratitude? which
would not appear an insult to those whom they loved? Federal principles,
popular discontent, were considerations whose weight was known and felt by
themselves. But would foreigners know and feel them equally? Would they
so far acknowledge their cogency, as to permit without any indignation,
the eagle and ribbon to be torn from their breasts, by the very hands
which had placed them there? The idea revolted the whole society. They
found it necessary, then, to preserve so much of their institution as
might continue to support this foreign branch, while they should prune
off every other, which would give offence to their fellow citizens: thus
sacrificing, on each hand, to their friends and to their country.
The society was to retain its existence, its name, its meetings, and
its charitable funds: but these last were to be deposited with their
respective legislatures. The order was to be no longer hereditary; a
reformation, which had been pressed even from this side the Atlantic; it
was to be communicated to no new members; the general meetings, instead
of annual, were to be triennial only. The eagle and ribbon, indeed,
were retained; because they were worn, and they wished them to be worn
by their friends who were in a country where they would not be objects
of offence; but themselves never wore them. They laid them up in their
bureaus with the medals of American Independence, with those of the
trophies they had taken, and the battles they had won. But through all
the United States, no officer is seen to offend the public eye, with
the display of this badge. These changes have tranquillized the American
States. Their citizens feel too much interest in the reputation of their
officers, and value too much, whatever may serve to recall to the memory
of their allies, the moments wherein they formed but one people, not
to do justice to the circumstance which prevented a total annihilation
of the order. Though they are obliged by a prudent foresight, to keep
out everything from among themselves, which might pretend to divide
them into orders, and to degrade one description of men below another,
yet they hear with pleasure, that their allies, whom circumstances have
already placed under these distinctions, are willing to consider it as
one, to have aided them in the establishment of their liberties, and to
wear a badge which may recall them to their remembrance; and it would
be an extreme affliction to them, if the domestic reformation which has
been found necessary, if the censures of individual writers, or if any
other circumstance should discourage the wearing their badge or lessen
its reputation.
This short but true history of the order of the Cincinnati, taken from
the mouths of persons on the spot, who were privy to its origin and
progress, and who knew its present state, is the best apology which can
be made for an insinuation, which appeared to be, and was really, so
heterogeneous to the governments in which it was erected.
It should be further considered, that in America no other distinction
between man and man had ever been known, but that of persons in office,
exercising powers by authority of the laws, and private individuals.
Among these last, the poorest laborer stood on equal ground with the
wealthiest millionnaire, and generally on a more favored one, whenever
their rights seemed to jar. It has been seen that a shoemaker or other
artisan, removed by the voice of his country from his work bench into a
chair of office, has instantly commanded all the respect and obedience
which the laws ascribe to his office. But of distinction by birth or
badge, they had no more idea than they had of the mode of existence in
the moon or planets. They had heard only that there were such, and knew
that they must be wrong. A due horror of the evils which flow from these
distinctions, could be excited in Europe only, where the dignity of man
is lost in arbitrary distinctions, where the human species is classed
into several stages of degradation, where the many are crushed under
the weight of the few, and where the order established, can present to
the contemplation of a thinking being, no other picture than that of God
Almighty and his angels, trampling under foot the host of the damned. No
wonder, then, that the institution of the Cincinnati should be innocently
conceived by one order of American citizens, should raise in the other
orders, only a slow, temperate, and rational opposition, and should be
viewed in Europe as a detestable parricide.
The second and third branches of this subject, no body can better execute
than M. de Meusnier. Perhaps it may be curious to him to see how they
strike an American mind at present. He shall, therefore, have the ideas
of one who was an enemy to the institution from the first moment of
its conception, but who was always sensible that the officers neither
foresaw nor intended the injury they were doing to their country.
As to the question, then, whether any evil can proceed from the
institution as it stands at present, I am of opinion their may. 1. From
the meetings. These will keep the officers formed into a body; will
continue a distinction between the civil and military, which it would
be for the good of the whole to obliterate, as soon as possible; and the
military assemblies will not only keep alive the jealousies and fears of
the civil government, but give ground for these fears and jealousies.
For when men meet together, they will make business if they have none;
they will collate their grievances, some real, some imaginary, all highly
painted; they will communicate to each other the sparks of discontent;
and these may engender a flame which will consume their particular, as
well as the general happiness. 2. The charitable part of the institution
is still more likely to do mischief, as it perpetuates the dangers
apprehended in the preceding clause. For here is a fund provided of
permanent existence. To whom will it belong? To the descendants of
American officers of a certain description. These descendants, then,
will form a body, having sufficient interest to keep up an attention to
their description, to continue meetings, and perhaps, in some moment,
when the political eye shall be slumbering, or the firmness of their
fellow citizens relaxed, to replace the insignia of the order and revive
all its pretensions. What good can the officers propose which may weigh
against these possible evils? The securing their descendants against
want? Why afraid to trust them to the same fertile soil, and the same
genial climate, which will secure from want the descendants of their
other fellow citizens? Are they afraid they will be reduced to labor
the earth for their sustenance? They will be rendered thereby both more
honest and happy. An industrious farmer occupies a more dignified place
in the scale of beings, whether moral or political, than a lazy lounger,
valuing himself on his family, too proud to work, and drawing out a
miserable existence, by eating on that surplus of other men's labor,
which is the sacred fund of the helpless poor. A pitiful annuity will
only prevent them from exerting that industry and those talents which
would soon lead them to better fortune.
How are these evils to be prevented? 1. At their first general meeting,
let them distribute the funds on hand to the existing objects of their
destination, and discontinue all further contributions. 2. Let them
declare, at the same time, that their meetings, general and particular,
shall thenceforth cease. 3. Let them melt up their eagles and add the
mass to the distributable fund, that their descendants may have no
temptation to hang them in their button holes.
These reflections are not proposed as worthy the notice of M. de Meusnier.
He will be so good as to treat the subject in his own way, and no body
has a better. I will only pray him to avail us of his forcible manner,
to evince that there is evil to be apprehended, even from the ashes of
this institution, and to exhort the society in America to make their
reformation complete; bearing in mind, that we must keep the passions
of men on our side, even when we are persuading them to do what they
ought to do.
Page 268. "Et en effet la population," &c. Page 270. "Plus de confiance."
To this we answer that no such census of the numbers was ever given out
by Congress, nor ever presented to them: and further, that Congress never
have, at any time, declared by their vote, the number of inhabitants in
their respective States. On the 22d of June, 1775, they first resolved
to emit paper money. The sum resolved on was two millions of dollars.
They declared, then, that the twelve confederate colonies (for Georgia
had not yet joined them) should be pledged for the redemption of these
bills. To ascertain in what proportion each State should be bound, the
members from each were desired to say, as nearly as they could, what
was the number of the inhabitants of their respective States. They were
very much unprepared for such a declaration. They guessed, however, as
well as they could. The following are the numbers, as they conjectured
them, and the consequent apportionment of the two millions of dollars.
Inhabitants. Dollars.
New Hampshire, 100,000 82,713
Massachusetts, 350,000 289,496
Rhode Island, 58,000 47,973
Connecticut, 200,000 165,426
New York, 200,000 165,426
New Jersey, 180,000 107,527
Pennsylvania, 300,000 248,139
Delaware, 30,000 24,813
Maryland, 250,000 206,783
Virginia, 400,000 330,852
North Carolina, 200,000 165,426
South Carolina, 200,000 165,426
--------- ---------
2,418,000 2,000,000
Georgia having not yet acceded to the measures of the other States, was
not quotaed; but her numbers were generally estimated at about thirty
thousand, and so would have made the whole two million four hundred
and forty-eight thousand persons, of every condition. But it is to
be observed, that though Congress made this census the basis of their
apportionment, yet they did not even give it a place on their journals;
much less publish it to the world with their sanction. The way it got
abroad was this: As the members declared from their seats the number of
inhabitants which they conjectured to be in their State, the secretary
of Congress wrote them on a piece of paper, calculated the portion of
two millions of dollars to be paid by each, and entered the sum only in
the journals. The members, however, for their own satisfaction, and the
information of their States, took copies of this enumeration and sent
them to their States. From thence they got into the public papers: and
when the English news writers found it answer their purpose to compare
this with the enumeration of 1783, as their principle is "to lie boldly
that they may not be suspected of lying," they made it amount to three
millions one hundred and thirty-seven thousand eight hundred and nine,
and ascribed its publication to Congress itself.
In April, 1785, Congress being to call on the States to raise a million
and a half of dollars annually for twenty-five years, it was necessary
to apportion this among them. The States had never furnished them with
their exact numbers. It was agreed, too, that in this apportionment five
slaves should be counted as three freemen only. The preparation of this
business was in the hands of a committee; they applied to the members
for the best information they could give them of the number of their
States. Some of the States had taken pains to discover their numbers.
Others had done nothing in that way, and, of course, were now where they
were in 1775, when their numbers were first called on to declare their
numbers. Under these circumstances, and on the principle of counting
three-fifths only of the slaves, the committee apportioned the money
among the States, and reported their work to Congress. In this they
had assessed South Carolina as having one hundred and seventy thousand
inhabitants The delegate for that State, however, prevailed on Congress
to assess them on the footing of one hundred and fifty thousand only, in
consideration of the state of total devastation in which the enemy had
left their country. The difference was then laid on the other States,
and the following was the result:--
Inhabitants. Dollars.
New Hampshire, 82,200 52,708
Massachusetts, 350,000 224,427
Rhode Island, 50,400 32,318
Connecticut, 206,000 132,091
New York, 200,000 128,243
New Jersey, 130,000 83,358
Pennsylvania, 320,000 205,189
Delaware, 35,000 22,443
Maryland, 220,700 141,517
Virginia, 400,000 256,487
North Carolina, 170,000 109,006
South Carolina, 150,000 96,183
Georgia, 25,000 16,030
--------- ---------
2,339,300 1,500,000
Still, however, Congress refused to give the enumeration the sanction
of a place on their journals, because it was not formed on such evidence
as a strict attention to accuracy and truth required. They used it from
necessity, because they could get no better rule, and they entered on
their journals only the apportionment of money. The members, however,
as before, took copies of the enumeration, which was the groundwork
of the apportionment, sent them to their States, and thus this second
enumeration got into the public papers, and was by the English ascribed
to Congress as their declaration of their present numbers. To get at the
real numbers which this enumeration supposes, we must add twenty thousand
to the number on which South Carolina was quoted; we must consider
that seven hundred thousand slaves are counted but as four hundred
and twenty thousand persons, and add, on that account, two hundred and
eighty thousand. This will give us a total of two millions six hundred
and thirty-nine thousand three hundred inhabitants of every condition
in the thirteen States, being two hundred and twenty-one thousand three
hundred more than the enumeration of 1775, instead of seven hundred
and ninety-eight thousand five hundred and nine less, which the English
papers asserted to be the diminution of numbers in the United States,
according to the confession of Congress themselves.
Page 272. "Comportera peut etre une population de thirty millions."
The territory of the United States contains about a million of square
miles, English. There is, in them, a greater proportion of fertile
lands than in the British dominions in Europe. Suppose the territory of
the United States, then, to attain an equal degree of population with
the British European dominions, they will have an hundred millions of
inhabitants. Let us extend our views to what may be the population of
the two continents of North and South America, supposing them divided at
the narrowest part of the isthmus of Panama. Between this line and that
of 50' of north latitude, the northern continent contains about five
millions of square miles, and south of this line of division the southern
continent contains about seven millions of square miles. I do not pass the
50th degree of northern latitude in my reckoning, because we must draw a
line somewhere, and considering the soil and climate beyond that, I would
only avail my calculation of it, as a make weight, to make good what the
colder regions within that line may be supposed to fall short in their
future population. Here are twelve millions of square miles, then, which,
at the rate of population before assumed, will nourish twelve hundred
millions of inhabitants, a number greater than the present population
of the whole globe is supposed to amount to. If those who propose medals
for the resolution of questions, about which nobody makes any question,
those who have invited discussion on the pretended problem, Whether the
discovery of America was for the good of mankind? if they, I say, would
have viewed it only as doubling the numbers of mankind, and, of course,
the quantum of existence and happiness, they might have saved the money
and the reputation which their proposition has cost them. The present
population of the inhabited parts of the United Stated is of about ten
to the square mile; and experience has shown us, that wherever we reach
that, the inhabitants become uneasy, as too much compressed, and go off
in great numbers to search for vacant country. Within forty years their
whole territory will be peopled at that rate. We may fix that, then, as
the term beyond which the people of those States will not be restrained
within their present limits; we may fix that population, too, as the
limit which they will not exceed till the whole of those two continents
are filled up to that mark, that is to say, till they shall contain one
hundred and twenty millions of inhabitants. The soil of the country on
the western side of the Mississippi, its climate, and its vicinity to the
United States, point it out as the first which will receive population
from that nest. The present occupiers will just have force enough to
repress and restrain the emigrations to a certain degree of consistence.
We have seen lately a single person go and decide on a settlement in
Kentucky, many hundred miles from any white inhabitant, remove thither
with his family and a few neighbors; and though perpetually harassed by
the Indians, that settlement in the course of ten years has acquired
thirty thousand inhabitants. Its numbers are increasing while we are
writing, and the State, of which it formerly made a part, has offered
it independence.
Page 280, line five. "Huit des onze Etats," &c. Say, "There were ten
States present; six voted unanimously for it, three against it, and one
was divided; and seven votes being requisite to decide the proposition
affirmatively, it was lost. The voice of a single individual of the State
which was divided, or of one of those which were of the negative, would
have prevented this abominable crime from spreading itself over the new
country. Thus we see the fate of millions unborn hanging on the tongue
of one man, and heaven was silent in that awful moment! But it is to be
hoped it will not always be silent, and that the friends to the rights
of human nature will in the end prevail.
"On the 16th of March, 1785, it was moved in Congress that the same
proposition should be referred to a committee, and it was referred by
the votes of eight States against three. We do not hear that anything
further is yet done on it."
Page 286. "L'autorité du Congrés etoit necessaire." The substance of
the passage alluded to in the journal of Congress, May the 26th, 1784,
is, "That the authority of Congress to make _requisitions_ of troops
during peace is questioned; that such an authority would be dangerous,
combined with the acknowledged one of emitting or borrowing money; and
that a few troops only being wanted to guard magazines and garrison the
frontier posts, it would be more proper at present to _recommend_ than
to require."
* * * * *
Mr. Jefferson presents his compliments to M. de Meusnier, and sends him
copies of the thirteenth, twenty-third, and twenty-fourth articles of
treaty between the King of Prussia and the United States.
If M. de Meusnier proposes to mention the facts of cruelty of which
he and Mr. Jefferson spoke yesterday, the twenty-fourth article will
introduce them properly, because they produced a sense of the necessity
of that article. These facts are, 1. The death of upwards of eleven
thousand American prisoners in one prison ship (the Jersey), and in the
space of three years. 2. General Howe's permitting our prisoners, taken
at the battle of Germantown, and placed under a guard in the yard of the
Statehouse of Philadelphia, to be so long without any food furnished them
that many perished with hunger. Where the bodies laid, it was seen that
they had eaten all the grass around them within their reach, after they
had lost the power of rising, or moving from their place. 3. The second
fact was the act of a commanding officer; the first, of several commanding
officers, and for so long a time as must suppose the approbation of
government. But the following was the act of government itself. During the
periods that our affairs seemed unfavorable, and theirs successful, that
is to say, after the evacuation of New York, and again, after the taking
of Charleston, in South Carolina, they regularly sent our prisoners,
taken on the seas and carried to England, to the East Indies. This is
so certain, that in the month of November or December, 1785, Mr. Adams
having officially demanded a delivery of the American prisoners sent to
the East Indies, Lord Cærmarthen answered, officially, "That orders were
immediately issued for their discharge." M. de Meusnier is at liberty to
quote this fact. 4. A fact to be ascribed not only to the government, but
to the parliament, who passed an act for that purpose in the beginning
of the war, was the obliging our prisoners taken at sea, to join them,
and fight against their countrymen. This they effected by starving and
whipping them. The insult on Captain Stanhope, which happened at Boston
last year, was a consequence of this. Two persons, Dunbar and Lowthorp,
whom Stanhope had treated in this manner (having particularly inflicted
twenty-four lashes on Dunbar), meeting him at Boston, attempted to beat
him. But the people interposed and saved him. The fact is referred to
in that paragraph of the Declaration of Independence, which says, "He
has constrained our fellow-citizens, taken captive on the high seas, to
bear arms against their country, to become the executioners of their
friends and brethren, or to fall themselves by their hands." This was
the most afflicting to our prisoners of all the cruelties exercised on
them. The others affected the body only, but this the mind; they were
haunted by the horror of having, perhaps, themselves shot the ball by
which a father or a brother fell. Some of them had constancy enough to
hold out against half allowance of food and repeated whippings. These
were generally sent to England, and from thence to the East Indies. One
of them escaped from the East Indies, and got back to Paris, where he
gave an account of his sufferings to Mr. Adams, who happened to be then
at Paris.
M. de Meusnier, where he mentions that the slave law has been passed in
Virginia, without the clause of emancipation, is pleased to mention, that
neither Mr. Wythe, nor Mr. Jefferson was present, to make the proposition
they had meditated; from which, people, who do not give themselves
the trouble to reflect or inquire, might conclude hastily, that their
absence was the cause why the proposition was not made; and, of course,
that there were not in the Assembly, persons of virtue and firmness
enough to propose the clause for emancipation. This supposition would
not be true. There were persons there, who wanted neither the virtue to
propose, nor talents to enforce the proposition, had they seen that the
disposition of the legislature was ripe for it. These worthy characters
would feel themselves wounded, degraded, and discouraged by this idea.
Mr. Jefferson would therefore be obliged to M. de Meusnier, to mention it
in some such manner as this. "Of the two commissioners, who had concerted
the amendatory clause for the gradual emancipation of slaves, Mr. Wythe
could not be present, he being a member of the judiciary department, and
Mr. Jefferson was absent on the legation to France. But there were not
wanting in that Assembly, men of virtue enough to propose, and talents
to vindicate this clause. But they saw, that the moment of doing it with
success was not yet arrived, and that an unsuccessful effort, as too
often happens, would only rivet still closer the chains of bondage, and
retard the moment of delivery to this oppressed description of men. What
a stupendous, what an incomprehensible machine is man! who can endure
toil, famine, stripes, imprisonment, and death itself, in vindication
of his own liberty, and, the next moment be deaf to all those motives
whose power supported him through his trial, and inflict on his fellow
men a bondage, one hour of which is fraught with more misery, than ages
of that which he rose in rebellion to oppose. But we must await, with
patience, the workings of an overruling Providence, and hope that that
is preparing the deliverance of these, our suffering brethren. When
the measure of their tears shall be full, when their groans shall have
involved heaven itself in darkness, doubtless, a God of justice will
awaken to their distress, and by diffusing light and liberality among
their oppressors, or, at length, by his exterminating thunder, manifest
his attention to the things of this world, and that they are not left
to the guidance of a blind fatality."
[The following are the articles of the treaty with Prussia,
referred to in the preceding observations.]
Article 13. And in the same case, of one of the contracting parties being
engaged in war with any other power, to prevent all the difficulties
and misunderstandings, that usually arise respecting the merchandise
heretofore called contraband, such as arms, ammunition, and military
stores of every kind, no such articles, carried in the vessels, or by the
subjects or citizens of one of the parties, to the enemies of the other,
shall be deemed contraband, so as to induce confiscation or condemnation,
and a loss of property to individuals. Nevertheless, it shall be lawful
to stop such vessels and articles, and to detain them for such length of
time, as the captors may think necessary to prevent the inconvenience
or damage that might ensue from their proceeding, paying, however, a
reasonable compensation for the loss such arrest shall occasion to the
proprietors; and it shall further be allowed to use, in the service of
the captors, the whole or any part of the military stores so detained,
paying the owners the full value of the same, to be ascertained by the
current price at the place of its destination. But in the case supposed,
of a vessel stopped for articles heretofore deemed contraband, if the
master of the vessel stopped, will deliver out the goods supposed to
be of contraband nature, he shall be admitted to do it, and the vessel
shall not, in that case, be carried into any port, nor further detained,
but shall be allowed to proceed on her voyage.
Article 23. If war should arise between the two contracting parties,
the merchants of either country, then residing in the other, shall be
allowed to remain nine months to collect their debts, and settle their
affairs, and may depart freely, carrying off all their effects, without
molestation or hindrance; and all women and children, scholars of every
faculty, cultivators of the earth, artizans, manufacturers, and fishermen,
unarmed, and inhabiting unfortified towns, villages, or places, and in
general, all others whose occupations are for the common subsistence
and benefit of mankind, shall be allowed to continue their respective
employments, and shall not be molested in their persons, nor shall their
houses be burned or otherwise destroyed, nor their fields wasted by the
armed force of the enemy, into whose power, by the events of war, they may
happen to fall; but if anything is necessary to be taken from them, for
the use of such armed force, the same shall be paid for at a reasonable
price And all merchant and trading vessels, employed in exchanging the
products of different places, and thereby rendering the necessaries,
conveniences, and comforts of human life more easy to be obtained, and
more general, shall be allowed to pass free and unmolested. And neither
of the contracting parties shall grant, or issue any commission to any
private armed vessels, empowering them to take or destroy such trading
vessels, or interrupt such commerce.
Article 24. And to prevent the destruction of prisoners of war, by
sending them into distant and inclement countries, or by crowding them
into close and noxious places, the two contracting parties solemnly
pledge themselves to each other and the world, that they will not adopt
any such practice; that neither will send the prisoners whom they may
take from the other, into the East Indies or any other parts of Asia or
Africa; but that they shall be placed in some part of their dominions
in Europe or America, in wholesome situations, that they shall not be
confined in dungeons, prison ships, nor prisons, nor be put into irons,
nor bound, nor otherwise restrained in the use of their limbs. That
the officers shall be enlarged, on their paroles, within convenient
districts, and have comfortable quarters, and the common men be disposed
in cantonments, open and extensive enough for air and exercise, and lodged
in barracks as roomy and good, as are provided by the party in whose
power they are, for their own troops; that the officers shall be daily
furnished by the party, in whose power they are, with as many rations,
and of the same articles and quality, as are allowed by them, either in
kind or by commutation, to officers of equal rank in their own army;
and all others shall be daily furnished by them, with such rations as
they allow to a common soldier in their own service; the value whereof
shall be paid by the other party, on a mutual adjustment of accounts
for the subsistence of prisoners, at the close of the war; and the said
accounts shall not be mingled with, or set off against any others, nor
the balances due on them, be withheld as a satisfaction or reprisal for
any other article, or for any other cause, real or pretended, whatever.
That each party shall be allowed to keep a commissary of prisoners, of
their own appointment, with every separate cantonment of prisoners in
possession of the other, which commissary shall see the prisoners as
often as he pleases, shall be allowed to receive and distribute whatever
comforts may be sent to them by their friends, and shall be free to make
his reports in open letters, to those who employ him. But if any officer
shall break his parole, or any other prisoners shall escape from the
limits of his cantonment, after they shall have been designated to him,
such individual officer, or other prisoner, shall forfeit so much of
the benefit of this article, as provides for his enlargement on parole
or cantonment. And it is declared, that either the pretence that war
dissolves all treaties, nor any other whatever, shall be considered as
annulling or suspending this, or the next preceding article, but, on
the contrary, that the state of war is precisely that for which they
are provided, and during which they are to be as sacredly observed, as
the most acknowledged articles in the law of nature and nations.
FOOTNOTE:
[15] The sum actually voted was 50,000,400, but part of it
was for exchange of old bills, without saying how much. It is
presumed that these exchanges absorbed $25,552,783, because
the remainder, 24,447,620, with all the other emissions
preceding Sept. 2, 1779, will amount to 159,918,800, the
sum which Congress declared to be then in circulation.
VI.
_Answers to questions propounded by M. de Meusnier, Jan. 24th, 1786._
1. On the original establishment of the several States, the civil code
of England, from whence they had emigrated, was adopted. This of course
could extend only to general laws, and not to those which were particular
to certain places in England only. The circumstances of the new States
obliged them to add some new laws, which their special situation required,
and even to change some of the general laws of England in cases which did
not suit their circumstances or ways of thinking. The law of descents,
for instance, was changed in several States. On the late revolution, the
changes which their new form of government rendered necessary were easily
made. It was only necessary to say that the powers of legislation, the
judiciary, and the executive powers, heretofore exercised by persons of
such and such description, shall henceforth be exercised by persons to
be appointed in such and such manners. This was what their constitution
did. Virginia thought it might be necessary to examine the whole code
of law, to reform such parts of it as had been calculated to produce
a devotion to monarchy, and to reduce into smaller volume such useful
parts as had become too diffuse. A committee was appointed to execute
this work; they did it; and the Assembly began in October, 1785, the
examination of it, in order to change such parts of the report as might
not meet their approbation, and to establish what they should approve.
We may expect to hear the result of their deliberations about the last
of February next.
I have heard that Connecticut undertook a like work; but I am not sure
of this, nor do I know whether any other of the States have or have not
done the same.
2. The constitution of New Hampshire, established in 1776, having been
expressly made to continue only during the contest with Great Britain,
they proceeded, after the close of that, to form and establish a permanent
one, which they did. The Convention of Virginia which organized their
new government, had been chosen before a separation from Great Britain
had been thought of in their State. They had, therefore, none but the
ordinary powers of legislation. This leaves their act for organizing
the government subject to be altered by every legislative assembly; and
though no general change in it has been made, yet its effect has been
controlled in several special cases. It is therefore thought that that
State will appoint a convention for the special purpose of forming a
stable constitution. I think no change has been made in any other of
the States.
3. The following is a rough estimate of the particular debts of some of
the States as they existed in the year 1784:
New Hampshire $500,000
Rhode Island 5,000,000
Massachusetts 430,000
Connecticut 3,439,086⅔
Virginia 2,300,000.
United States' principal of Foreign
debt nearly $7,000,000.
The principal of the Domestic
debt is somewhere between 27½
millions and 35¼ millions, call
it therefore 31,300,000.
------------
$38,300,000.
The other States not named here, are probably indebted in the same
proportion to their abilities. If so, and we estimate their abilities
by the rule of quotaing them those eight States will owe about fourteen
millions, and consequently the particular debts of all the States will
amount to twenty-five or twenty-six millions of dollars.
5. A particular answer to this question would lead to very minute
details: one general idea, however, may be applied to all the States.
Each having their separate debt, and a determinate proportion of the
Federal debt, they endeavor to lay taxes sufficient to pay the interest
of both of these, and to support their own and the Federal Government.
These taxes are generally about one or one and a-half per cent. on the
value of property; and from two and a-half to five per cent. on foreign
merchandise imported. But the payment of this interest regularly, is not
accomplished in many of the States. The people are as yet not recovered
from the depredations of the war. When that ended their houses were
in ruin, their farms waste, themselves distressed for clothing and
necessaries for their households. They cannot as yet, therefore, bear
heavy taxes. For the payment of the principal no final measures are yet
taken. Some States will have land for sale, the produce of which may
pay the principal debt. Some will endeavor to have an exceeding of their
taxes to be applied as a sinking fund; and all of them look forward to
the increase of population, and of course an increase of productions in
their present taxes, to enable them to be sinking their debt. This is
a general view. Some of the States have not yet made even just efforts
for satisfying either the principal or interest of their public debt.
6. By the close of the year 1785 there had probably passed over about
50,000 emigrants. Most of these were Irish. The greatest number of the
residue were Germans. Philadelphia receives most of them, and next to
that, Baltimore and New York.
7. Nothing is decided as to Vermont. The four northernmost States wish
it to be received into the Union. The Middle and Southern States are
rather opposed to it. But the great difficulty arises with New York,
which claims that territory. In the beginning every individual revolted
at the idea of giving them up. Congress therefore only interfered from
time to time, to prevent the two parties from coming to an open rupture.
In the meanwhile the minds of the New Yorkers have been familiarizing to
the idea of a separation, and I think it will not be long before they
will consent to it. In that case, the Southern and Middle States will
doubtless acquiesce, and Vermont will be received into the Union.
8. LeMaine, a part of the government of Massachusetts, but detached from
it, (the State of New Hampshire lying between,) begins to desire to be
separated. They are very weak in numbers as yet: but whenever they shall
attain a certain degree of population, there are circumstances which
render it highly probable they will be allowed to become a separate
member of the Union.
9. It is believed that the State of Virginia has by this time made a
second cession of lands to Congress, comprehending all those between
the meridian of the mouth of the Great Kanhaway, the Ohio, Mississippi,
and Carolina boundary. Within this lies Kentucky. I believe that their
numbers are sufficient already to entitle them to come into Congress. And
their reception there will only increase the delay necessary for taking
the consent of the several Assemblies. There is no other new State as
yet approaching the time of its reception.
10. The number of Royalists which left New York, South Carolina and
Georgia, when they were evacuated by the British army was considerable,
but I am absolutely unable to conjecture their numbers. From all the
other States, I suppose perhaps two thousand may have gone.
11. The Confederation is a wonderfully perfect instrument, considering
the circumstances under which it was formed. There are, however, some
alterations which experience proves to be wanting. These are principally
three. 1. To establish a general rule for the admission of new States
into the Union. By the confederation no new States, except Canada,
can be permitted to have a vote in Congress without first obtaining
the consent of all the thirteen legislatures. It becomes necessary to
agree what districts may be established into separate States, and at
what period of their population they may come into Congress. The act of
Congress of April 23, 1784, has pointed out what ought to be agreed on,
to say also what number of votes must concur when the number of voters
shall be thus enlarged. 2. The Confederation, in its eighth article,
decides that the quota of money to be contributed by the several States
shall be proportioned to the value of the landed property in the State.
Experience has shown it impracticable to come at this value. Congress
have therefore recommended to the States to agree that their quotas
shall be in proportion to the number of their inhabitants, counting five
slaves, however, but as equal to three free inhabitants. I believe all
the States have agreed to this alteration except Rhode Island. 3. The
Confederation forbids the States individually to enter into treaties of
commerce, or of any other nature, with foreign nations: and it authorizes
Congress to establish such treaties, with two reservations however,
viz., that they shall agree to no treaty which would, 1. restrain the
legislatures from imposing such duties on foreigners as natives are
subject to; or 2., from prohibiting the exportation or importation of
any species of commodities. Congress may therefore be said to have a
power to regulate commerce so far as it can be effected by conventions
with other nations, and by conventions which do not infringe the two
fundamental reservations before mentioned. But this is too imperfect.
Because, till a convention be made with any particular nation, the
commerce of any one of our States with that nation may be regulated by
the State itself, and even when a convention is made, the regulation
of the commerce is taken out of the hands of the several States only so
far as it is covered or provided for by that convention or treaty. But
treaties are made in such general terms, that the greater part of the
regulations would still result to the legislatures. Let us illustrate
these observations by observing how far the commerce of France and
England can be affected by the State Legislatures. As to England, any
one of the legislatures may impose on her goods double the duties which
are paid other nations; may prohibit their goods altogether; may refuse
them the usual facilities for recovering their debts or withdrawing
their property; may refuse to receive their Consuls or to give those
Consuls any jurisdiction. But with France, whose commerce is protected
by a treaty, no State can give any molestation to that commerce which is
defended by the treaty. Thus, though a State may exclude the importation
of all wines (because one of the reservations aforesaid is that they
may prohibit the importation of any species of commodities), yet they
cannot prohibit the importation of French wines, particularly while they
allow wines to be brought in from other countries. They cannot impose
heavier duties on French commodities than on those of other nations. They
cannot throw peculiar obstacles in the way of their recovery of debts
due to them, &c., &c., because those things are provided for by treaty.
Treaties, however, are very imperfect machines for regulating commerce
in the detail. The principal objects in the regulation of our commerce
would be: 1. to lay such duties, restrictions, or prohibitions on the
goods of any particular nation, as might oblige that nation to concur in
just and equal arrangements of commerce. 2. To lay such uniform duties
on the articles of commerce throughout all the States, as may avail
them of that fund for assisting to bear the burthen of public expenses.
Now, this cannot be done by the States separately, because they will not
separately pursue the same plan. New Hampshire cannot lay a given duty
on a particular article unless Massachusetts will do the same, because
it will turn the importation of that article from her ports into those
of Massachusetts, from whence they will be smuggled into New Hampshire by
land. But though Massachusetts were willing to concur with New Hampshire
in laying the same duty, yet she cannot do it for the same reason, unless
Rhode Island will also, nor can Rhode Island without Connecticut, nor
Connecticut without New York, nor New York without New Jersey, and so
on quite to Georgia. It is visible, therefore, that the commerce of the
States cannot be regulated to the best advantage but by a single body,
and no body so proper as Congress. Many of the States have agreed to add
an article to the Confederation for allowing to Congress the regulation
of their commerce, only providing that the revenues to be raised on it
shall belong to the States in which they are levied. Yet it is believed
that Rhode Island will prevent this also. An everlasting recurrence to
this same obstacle will occasion a question to be asked. How happens it
that Rhode Island is opposed to every useful proposition? Her geography
accounts for it, with the aid of one or two observations. The cultivators
of the earth are the most virtuous citizens, and possess most of the
amor patriæ. Merchants are the least virtuous, and possess the least of
the amor patriæ. The latter reside principally in the seaport towns, the
former in the interior country. Now, it happened that of the territory
constituting Rhode Island and Connecticut, the part containing the
seaports was erected into a State by itself, called Rhode Island, and
that containing the interior country was erected into another State
called Connecticut. For though it has a little sea-coast, there are no
good ports in it. Hence it happens that there is scarcely one merchant
in the whole State of Connecticut, while there is not a single man in
Rhode Island who is not a merchant of some sort. Their whole territory is
but a thousand square miles, and what of that is in use is laid out in
grass farms almost entirely. Hence they have scarcely any body employed
in agriculture. All exercise some species of commerce. This circumstance
has decided the characters of these two States. The remedies to this
evil are hazardous. One would be to consolidate the two States into
one. Another would be to banish Rhode Island from the Union. A third, to
compel her submission to the will of the other twelve. A fourth, for the
other twelve to govern themselves according to the new propositions, and
to let Rhode Island go on by herself according to the ancient articles.
But the dangers and difficulties attending all these remedies are obvious.
These are the only alterations proposed to the confederation, and the
last of them is the only additional power which Congress is thought to
need.
12. Congress have not yet ultimately decided at what rates they will
redeem the paper money in the hands of the holders. But a resolution of
1784 has established the principle, so that there can be little doubt but
that the holders of paper money will receive as much real money as the
paper was actually worth at the time they received it, and an interest
of six per cent. from the time they received it. Its worth will be found
in the depreciation table of the State wherein it was received; these
depreciation tables having been formed according to the market price of
the paper money at different epochs.
13. Those who talk of the bankruptcy of the United States, are of two
descriptions: 1. Strangers who do not understand the nature and history
of our paper money. 2. Holders of that paper money who do not wish that
the world should understand it. Thus, when in March, 1780, the paper
money being so far depreciated that forty dollars of it would purchase
only one silver dollar, Congress endeavored to correct the progress of
that depreciation by declaring they would emit no more, and would redeem
what was in circulation at the rate of one dollar of silver for forty of
paper; this was called by the brokers in paper money, a bankruptcy. Yet
these very people who had only given one dollar's worth of provisions,
of manufactures, or perhaps of silver, for their forty dollars, were
displeased that they could not in a moment multiply their silver into
forty. If it were decided that the United States should pay a silver
dollar for every paper dollar they emitted, I am of opinion (conjecturing
from loose data of my memory only as to the amount and true worth of the
sums emitted by Congress and by the several States) that a debt, which
in its just amount is not more, perhaps, than six millions of dollars,
would amount up to four hundred millions, and instead of assessing every
inhabitant with a debt of about two dollars, would fix on him thirty
guineas, which is considerably more than the national debt of England
affixes on each of its inhabitants, and would make a bankruptcy where
there is none. The real just debts of the United States, which were
stated under the third query, will be easily paid by the sale of their
lands, which were ceded on the fundamental condition of being applied
as a sinking fund for this purpose.
14. The whole army of the United States was disbanded at the close of
the war. A few guards only were engaged for their magazines. Lately they
have enlisted some two or three regiments to garrison the posts along
the Northern boundary of the United States.
16. The United States do not own, at present, a single vessel of war;
nor has Congress entered into any resolution on that subject.
17. I conjecture there are six hundred and fifty thousand negroes in
the five southernmost States, and not fifty thousand in the rest. In
most of these latter, effectual measures have been taken for their
future emancipation. In the former, nothing is done towards that. The
disposition to emancipate them is strongest in Virginia. Those who
desire it, form, as yet, the minority of the whole State, but it bears
a respectable portion to the whole in numbers and weight of character,
and it is continually recruiting by the addition of nearly the whole of
the young men as fast as they come into public life. I flatter myself
it will take place there at some period of time not very distant. In
Maryland and North Carolina a very few are disposed to emancipate. In
South Carolina and Georgia, not the smallest symptom of it, but, on the
contrary, these two States, and North Carolina, continue importations
of negroes. These have been long prohibited in all the other States.
18. In Virginia, where a great proportion of the legislature consider the
constitution but as other acts of legislation, laws have been frequently
passed which controlled its effects. I have not heard that in the other
States they have ever infringed their constitution, and I suppose they
have not done it, as the Judges would consider any law as void which was
contrary to the constitution. Pennsylvania is divided into two parties
very nearly equal, the one desiring to change the constitution, the
other opposing a change. In Virginia there is a part of the State which
considers the act for organizing their government as a constitution, and
are content to let it remain; there is another part which considers it
only as an ordinary act of the legislature, who, therefore, wish to form
a real constitution, correcting some defects which have been observed in
the act now in force. Most of the young people as they come into office
arrange themselves on this side, and I think they will prevail ere long.
But there are no heats on this account. I do not know that any of the
other States propose to change their constitution.
19. I have heard of no malversations in office which have been of any
consequence, unless we consider as such some factious transactions in the
Pennsylvania Assembly; or some acts of the Virginia Assembly which have
been contrary to their constitution. The causes of these were explained
in the preceding article.
20. Broils among the States may happen in the following ways: 1. A State
may be embroiled with the other twelve by not complying with the lawful
requisitions of Congress. 2. Two States may differ about their boundaries.
But the method of settling these is fixed by the confederation, and most
of the States which have any differences of this kind, are submitting
them to this mode of determination, and there is no danger of opposition
to the decree by any State. The individuals interested may complain, but
this can produce no difficulty. 3. Other contestations may arise between
two States, such as pecuniary demands, affrays among their citizens, and
whatever else may arise between any two nations, with respect to these,
there are two opinions. One that they are to be decided according to the
ninth article of the confederation, which says that Congress shall be the
last resort in all differences between two or more States, concerning
boundary jurisdiction, _or any other cause whatever_; and prescribes
the mode of decision, and the weight of reason is undoubtedly in favor
of this opinion, yet there are some who question it.
It has been often said that the decisions of Congress are impotent because
the confederation provides no compulsory power. But when two or more
nations enter into compact, it is not usual for them to say what shall
be done to the party who infringes it. Decency forbids this, and it is
as unnecessary as indecent, because the right of compulsion naturally
results to the party injured by the breach. When any one State in the
American Union refuses obedience to the confederation by which they
have bound themselves, the rest have a natural right to compel them to
obedience. Congress would probably exercise long patience before they
would recur to force; but if the case ultimately required it, they would
use that recurrence. Should this case ever arise, they will probably
coerce by a naval force, as being more easy, less dangerous to liberty,
and less likely to produce much bloodshed.
It has been said, too, that our governments, both federal and particular,
want energy; that it is difficult to restrain both individuals and States
from committing wrong. This is true, and it is an inconvenience. On the
other hand, that energy which absolute governments derive from an armed
force, which is the effect of the bayonet constantly held at the breast
of every citizen, and which resembles very much the stillness of the
grave, must be admitted also to have its inconveniences. We weigh the two
together, and like best to submit to the former. Compare the number of
wrongs committed with impunity by citizens among us with those committed
by the sovereign in other countries, and the last will be found most
numerous, most oppressive on the mind, and most degrading of the dignity
of man.
22. The States differed very much in their proceedings as to British
property, and I am unable to give the details. In Virginia, the sums
sequestered in the treasury remain precisely as they did at the conclusion
of the peace. The British having refused to make satisfaction for the
slaves they carried away, contrary to the treaty of peace, and to deliver
up the ports within our limits, the execution of that treaty is in some
degree suspended. Individuals, however, are paying off their debts to
British subjects, and the laws even permit the latter to recover them
judicially. But as the amount of these debts are twenty or thirty times
the amount of all the money in circulation in that State, the same laws
permit the debtor to pay his debts in seven equal and annual payments.
VII.
_Notes on M. Soulés' work._
PARIS, Sept. 13th, 1786.
SIR,--Before the receipt of your favor of the 11th inst. I had
written the enclosed short notes on such parts of your work
as I have been yet able to go over. You will perceive that
the corrections are very trifling. Such as they are, I will
continue them, and forward them to you from time to time as I
get along. I will endeavor also to answer such of the queries
you propose in your letter as my memory will enable me to
do with certainty. Some of them I shall be unable to answer,
having left in America all my notes, memorandums, &c., which
might have enabled me to give you the information you desire.
I have the honor to be, with the most esteem and respect, sir,
Your most obedient humble servant.
M. SOULÉS. TH: JEFFERSON.
_Answers to the queries of M. Soulés._
I am unable to say what was the number of Americans engaged in the affair
of Bunker's Hill. I am able, however, to set right a gross falsehood of
Andrews. He says the Americans there engaged were constantly relieved by
fresh hands. This is entirely untrue. Bunker's Hill (or rather Breed's
hill whereon the action was) is a peninsular joined to the main land by
a neck of land almost level with the water, a few paces wide, and about
one or two hundred toises long. On one side of this neck lay a vessel
of war, and on the other several gun-boats. The body of our army was on
the main land, and only a detachment had been sent into the peninsular.
When the enemy determined to make the attack, they sent the vessel of
war and gun-boats to take the position, before mentioned, to cut off all
reinforcements, which they effectually did. Not so much as a company
could venture to the relief of the men engaged, who therefore fought
through the whole action, and at length were obliged to retire across
the neck through the cross-fire of the vessels before mentioned.
"On the fall of Montgomery and his aids at Quebec, there were present
Colonel Campbell and Major Dubois. Campbell, though having the rank of
colonel, was only of the staff; Dubois was of the line. The usage of
all nations, therefore, authorized the latter to take the command. But
it was a case for which Congress had not yet provided. Campbell availed
himself of this; and believing, on the sight of blood, that all was
lost, ordered a retreat."
The speech to the Indians, in Andrews', page 357, is a little altered
and abridged. You will find the genuine one in the Journal of Congress,
of July, 1775. I do not distinctly enough recollect the anecdote of the
old man's company, related by Andrews, to affirm it in all its parts.
I think I recollect in general that there was such a company.
The questions relative to General Thomas, I could only have answered
indistinctly from my own memory: but fortunately there came to Paris a
few days ago, and will yet continue there a few days, a Colonel Blackden,
an American officer of good understanding and of truth, and who was
at the latter part of the affair of Quebec. He was at the surprise of
Ticonderoga by Allen, and continued with the army until 1781. I have
spoken with him on this subject, and find that he possesses treasures
of details, which will be precious to M. Soulés. Any day that M. Soulés
will do me the honor to come and take a _famille soupe_ with me, (after
the 16th instant,) if he will give me notice in the morning, I will ask
Colonel Blackden to meet him here, and will make them acquainted. He is
perfectly disposed to give all the information in his power to M. Soulés,
and whatever he gives may be relied on. To him, then, I shall refer M.
Soulés for answers to his military questions, and will wait his orders,
recommending despatch, as Colonel Blackden has not long to stay.
The Stamp Act was passed in February, 1765.
What powers the Parliament might rightfully exercise over us, and whether
any, had never been declared either by them or us. They had very early
taken the gigantic step of passing the Navigation Act. The colonies
remonstrated violently against it, and one of them, Virginia, when she
capitulated to the commonwealth of England, expressly capitulated for a
free trade. [See the articles on the Notes on Virginia, p. 201.] This
capitulation, however, was as little regarded as the original right,
restored by it, had been. The navigation act was re-enacted by Charles,
and was enforced. And we had been so long in the habit of seeing them
consider us merely as objects for the extension of their _commerce_, and
of submitting to every duty or regulation imposed with that view, that
we had ceased to complain of them. But when they proposed to consider us
as objects of _taxation_, all the States took the alarm. Yet so little
had we attended to this subject, that our advocates did not at first
know on what ground to take their stand. Mr. Dickenson, a lawyer of
more ingenuity than sound judgment, and still more timid than ingenious,
not daring to question the authority to regulate commerce so as best to
answer their own purpose, to which we had so long submitted, admitted
that authority in its utmost extent. He acknowledged * * * * * that they
could levy duties, internal or external, payable in Great Britain or in
the States. He only required that these duties should be bonâ fide for
the _regulation_ of commerce, and not to raise a solid _revenue_. He
admitted, therefore, that they might control our commerce, but not tax
us. This mysterious system took, for a moment, in America as well as in
Europe. But sounder heads saw in the first moment, that he who could put
down the loom, could stop the spinning wheel, and he who could stop the
spinning wheel could tie the hands which turned it. They saw that this
flimsey fabric could not be supported. Who were to be judges whether
duties were imposed with a view to burthen and suppress a branch of
manufacture, or to raise a revenue? If either party, exclusively of the
other, it was plain where that would end. If both parties, it was plain
where that would end also. They saw, therefore, no sure clue to lead
them out of their difficulties but reason and right. They dared to follow
them, assured that they alone could lead them to defensible ground. The
first elements of reason showed that the members of Parliament could have
no power which the people of the several counties had not. That these
had naturally a power over their own farms, and, collectively, over all
England. That if they had any power over counties out of England, it must
be founded on compact or force. No compact could be shown, and neither
party chose to bottom their pretensions on force. It was objected that
this annihilated the navigation act. True, it does. The navigation act,
therefore, becomes a proper subject of treaty between the two nations.
Or if Great Britain does not choose to have its basis questioned, let
us go on as we have done. Let no new shackles be imposed, and we will
continue to submit to the old. We will consider the restrictions on
our commerce, now actually existing, as compensations yielded by us for
the protection and privileges we actually enjoy, only trusting that if
Great Britain, on a revisal of these restrictions, is sensible that some
of them are useless to her and oppressive to us, she will repeal them.
But on this she shall be free. Place us in the condition we were when
the king came to the throne, let us rest so, and we will be satisfied.
This was the ground on which all the States very soon found themselves
rallied, and that there was no other which could be defended.
I will now proceed with remarks on the history. I do not think that M.
Soulés mentioned the affair of the Cedars, which happened in April, 1775.
This was an affair of no small importance. A committee was appointed by
Congress to institute inquiries concerning it, as may be seen by the
journal of June 14, 1776. The report of that committee is inserted in
the journal of July the 10th, and I can assure M. Soulés, that the facts
therein stated were proved unhesitatingly to the committee by witnesses
present at the transactions, and who were on watch. I have the originals
of that inquiry in my possession in America. The Captain Foster therein
mentioned, was afterwards taken with Burgoyne's army, though permitted
to go at large on his parole. He was not received into any American
company, nor did the British officers, his fellow-prisoners, choose to
be seen in company with him--so detestable had been the transaction,
&c. Vol. i. p. 324. I have been very well informed, that during all
the latter part of the defence, the garrison were obliged to return the
cannon balls of the enemy, with which, indeed, the ground was covered,
having none of their own left.
Page 325. "Il Peut un Serjent," &c. This particular truly related in
Andrews.
Page 5. "Ils en vinrent," &c. See the journal of Congress. That it was
on that day put off to the 1st of July. This was done at the instance
of the members opposed to it. The friends of the resolution objected,
that if it were not agreed to till the 1st of July, they would after
that have to frame a Declaration of Independence, and that more time
would then be lost. It was therefore agreed between the two, that the
resolution should be put off till the 1st of July; and that a committee
should be immediately appointed to draw a Declaration of Independence,
conformable to the resolution, should it be adopted. A committee was
accordingly appointed the next day. On the 1st of July the resolution
was proposed, and when ready for a vote, a State required it to be put
off till the next day. It was done, and was passed the next day, 2d of
July. The Declaration of Independence was debated the 2d, 3d and 4th
days of July, and on the last of these was passed and signed.
Page 6th. A "se retirèrent ensuite du Congres." I do not remember that
the delegates of Maryland retired from Congress, and I think I could not
have forgotten such a fact. On the contrary, I find by the journal of
Congress, that they were present, and acting on the 11th, 12th, 17th,
18th and 24th of June.
Page 7. A "la plus grande partie." It should rather be the most important
parts.
Page 7, 6. "Les états ferraient encore aujourd'hui partie de l'empire
Britannique." M. Soulés may be assured that the submission of the States
could not have been effected but by a long course of disasters, and such,
too, as were irreparable in their nature. Their resources were great,
and their determination so rooted, that they would have tried the last
of them. I am as satisfied as I can be of anything, that the conjecture
here stated would not have been verified by the event.
Page 14. "Provinces unis," should not this always be "états unis?"
Page 15. "Mais qu'on pouvoir aussi les interpreter," &c. His exact answer
was, "That it was true the, &c. might include _anything_, but that might
also include _nothing_."
Page 16. "Tant de confiance," &c. Their main confidence was in their own
resources. They considered foreign aid as probable and desirable, but
not essential. I believe myself, from the whole of what I have seen of
our resources and perseverance, that had we never received any foreign
aid, we should not have obtained our independence. But that we should
have made a peace with Great Britain on any terms we pleased short of
that, which would have been a subjection to the same king, a union of
force in war, &c. 2. That had France supplied us plentifully with money,
suppose about four millions of guineas a year, without entering into the
war herself at all, we should have established our independence, but it
would have cost more time and blood, but less money. 3. That France,
aiding us as she did, with money and forces, shortened much the time,
lessened the expense of blood, but at a greater expense of money to her
than would have otherwise been requisite.
Page 18. "_L'extremité_ septentrional," &c. I think the word "cotè"
would be better adapted than "extremité" to the form of the island.
Page 21. "3000 hommes," inquire of Colonel Blackden.
Perhaps the propositions of Congress to the Hessians may be worth
mentioning. See their journals, 1776, Aug. 14.
I will make a general observation here on the events of Long Island,
New York, &c., at this time. The maxim laid down by Congress to their
generals was, that not a foot of territory was to be ceded to their
enemies where there was a possibility of defending it. In consequence
of these views, and against his own judgment, General Washington was
obliged to fortify and attempt to defend the city of New York. But that
could not be defended without occupying the heights on Long Island which
commanded the city of New York. He was therefore obliged to establish
a strong detachment in Long Island to defend those heights. The moment
that detachment was routed, which he had much expected, his first object
was to withdraw them, and his second to evacuate New York. He did this,
therefore, immediately, and without waiting any movement of the enemy.
He brought off his whole baggage, stores and other implements, without
leaving a single article except the very heaviest of his cannon and
things of little value. I well remember his letter to Congress, wherein
he expressed his wonder that the enemy had given him this leisure, as,
from the heights they had got possession of, they might have compelled
him to a very precipitate retreat. This was one of the instances where
our commanding officers were obliged to conform to popular views, though
they foresaw certain loss from it. Had he proposed at first to abandon
New York, he might have been abandoned himself. An obedience to popular
will cost us an army in Charleston in the year 1779.
Page 30. "Une fuite precipiteé." It was a leisurely retreat as I have
before observed.
Page 41. "Que je n'ai prie obtener que d'un anglais." Colonel Blackden
can probably give M. Soulés good intelligence on this affair. I think
I recollect the slaughter on Kniphauser's side to have been very great.
Volume 3. "Si dans son institution," &c.
This is a luminous idea, and worthy of being a little more developed.
It places the question between Great Britain and America in the simplest
form possible. No Englishman will pretend that a right to participate in
government can be derived from any other source than a personal right,
or a right of property. The conclusion is inevitable that he, who had
neither his _person_ nor _property_ in America, could rightfully assume
a participation in its government.
Page 17. The seeds of the war are here traced to their true source. The
tory education of the King was the first preparation for that change
in the British government which that party never ceases to wish. This
naturally ensured tory administrations during his life. At the moment
he came to the throne and cleared his hands of his enemies by the peace
of Paris, the assumptions of unwarrantable right over America commenced.
They were so signal, and followed one another so close, as to prove they
were part of a system, either to reduce it under absolute subjection,
and thereby make it an instrument for attempts on Britain itself, or
to sever it from Britain, so that it might not be a weight in the whig
scale. This latter alternative, however, was not considered as the one
which would take place. They knew so little of America, that they thought
it unable to encounter the little finger of Great Britain. M. de Soulés
has well developed this subject. He is best judge whether anything more
need be said on this subject.
Page 43. "Se le ministere anglais avoit eu la patience d'attendre," &c.
Having seen and intimately known the positions of the Americans at that
moment, I am certain that this conjecture would not have been verified.
The determined resolution with which they met every effort of the
ministry, whether made in the form of force, fraud, or persuasion, gives
us a moral certainty they would have been equally immoveable, if tried
in the way of privation here proposed.
Page 51. The substitution of Gage for Hutchinson was not intended as
a favor, but, by putting the civil government into military hands, was
meant to show they would enforce their measures by arms. See page 109,
where Congress makes it one of their grievances.
Page 102. "Plusieurs criminals," &c. Notwithstanding the laws the English
made, I think they never ventured to carry a single person to be tried
in England. They knew that reprisals would be made, and probably on the
person of the governor who ventured on the measure.
Page 149. The fact that the English commenced hostilities at Lexington
being proved beyond question by us, and even acknowledged by the English,
justice requires it should be plainly asserted and left clear of doubt.
Few of the facts which history asserts and relies on, have been so well
established.
Page 150. "L'humanité des Britons." I doubt whether this is the character
of the nation in general. But this history, and every one which is
impartial, must in its relation of this war show, in such repeated
instances, that they conducted it, both in theory and practice, on the
most barbarous principles, that the expression here cited will stand
in contradiction to the rest of the work. As examples of their theory,
recollect the act of Parliament for constraining our prisoners, taken
on the sea, to bear arms against their fathers, brothers, &c. For their
practice, recollect the exciting the savages against us, insurrections
of our slaves, sending our prisoners to the East Indies, killing them in
prison ships, keeping them on half rations, and of the most unwholesome
quality, cruel murders of unarmed individuals of every sex, massacres
of those in arms after they had asked quarters, &c., &c.
Page 150. "A cé que l'on dét à 20,000 hommes." It was of 22,000 men.
I was in a situation to know the fact from General Washington's own
information.
Page 158. 1. 8. Strike out "ét probablement," and insert "mais
veritablement." I remember the fact well, and the leading persons of
Connecticut, and particularly their delegates in Congress made no secret,
that their object was to overawe New York into its duty. Page 159. "Et
fut resolvè de la reduire [_i. e._, nouvelle York] en cendre." This was
proposed and considered in Congress, but they refused to come to this
resolution, nor do I recollect that any other body resolved it.
Page 163. _Doctor_ Franklin has been called by that title as early as
1760, within my own knowledge; I do not know how much longer.
His quality in France was that of Minister Plenipotentiary, and not as
Ambassador. We have never appointed an Ambassador. France offered to
receive one.
Page 166. The English set fire to Charleston. Query, as to the number
of their killed.
Page 180. 181. Gates was and still is an inhabitant of Virginia. He
never lived in any other State.
Page 190. "M. Arnold avoit formé une entreprise," &c. I never understood
that he formed this enterprise, nor do I believe he did. I heard and
saw all General Washington's letters on this subject. I do not think he
mentioned Arnold as author of the proposition, yet he was always just
in ascribing to every officer the merit of his own works; and he was
disposed particularly in favor of Arnold. This officer is entitled to
great merit in the execution, but to ascribe to him that of having formed
the enterprise, is probably to ascribe to him what belongs to General
Washington or some other person.
Page 209. "Et qu' il ne leur fut plus permis de lever la milice, &c." They
had formerly had a law on the subject of invasions and insurrections,
which was of a perpetual tenor. They altered this law by one which was
to be in force for a certain term of years only. That term of years
effluxed at this time, the altering law expired, and therefore, the
old one resumed its vigor. It was very imperfect, yet they chose to act
under the color of that rather than without any color of law.
Page 216. "Dont elles se plaignorent." This seems to be the proper place
to rectify a small error in the arrangement of facts, and to state the
answer to the conciliatory proposition, which was, in truth, the first
work of the Assembly. I have not here the journals of the Assembly,
but there are certain circumstances which render it impossible for my
memory to lead me astray. I was under appointment to attend the general
Congress; but knowing the importance of the answer to be given to the
conciliatory proposition, and that our leading whig characters were
then in Congress, I determined to attend on the Assembly, and, though
a young member, to take on myself the carrying through an answer to the
proposition. The Assembly met the 1st of June. I drew and proposed the
answer, and carried it through the house with very little alteration,
against the opposition of our timid members who wish to speak a different
language. This was finished before the 11th of June, because on that
day, I set out from Williamsburg to Philadelphia, and was the bearer of
an authenticated copy of this instrument to Congress. The effect it had
in fortifying their minds, and in deciding their measures, renders its
true date important; because only Pennsylvania had as yet answered the
proposition. Virginia was the second. It was known how Massachusetts
would answer it, and the example of these three principal colonies would
determine the measures of all the others, and of course the fate of the
proposition. Congress received it therefore, with much satisfaction. The
Assembly of Virginia did not deliver the answer to Lord Dunmore till
late in the session. They supposed it would bring on a dissolution of
their body whenever they should deliver it to him; and they wished
previously to get some important acts passed. For this reason they kept
it up. I think that Lord Dunmore did not quit the Metropolis till he
knew that the answer framed by the house was a rejection of the
proposition, though that answer was not yet communicated to him regularly.
Page 231. "Quelques certaines de blancs." These were composed principally
of Scotch merchants and factors, and some few English, who had settled
in the country. I doubt whether there was a single native among them. If
M. Soulés could therefore characterize more particularly who they were
who joined Lord Dunmore, it would be an agreeable act of justice to the
natives.
Page 283. "Les Americains qui avoit joint Milord Dunmore." The same
observation applies to this.
Page 245. "Pendant l'eté, le congres general avoit eté occupé à dresser
un plan pour former une confederation." It is necessary to set to rights
here a fact which has been mistaken by every person who has written on
this subject. I will do it from a perfect recollection of facts, but my
memory does not enable me to state the date exactly. I was absent from
Congress from the beginning of January, 1776, to the middle of May.
Either just before I left Congress, or immediately on my return to it,
(I rather think it was the former,) Doctor Franklin put into my hands
the draught of a plan of Confederation, desiring me to read it, and
tell him what I thought of it. I approved it highly. He showed it to
others. Some thought as I did; others were revolted at it. We found it
could not be passed, and the proposing it to Congress as the subject for
any vote whatever would startle many members so much, that they would
suspect we had lost sight of reconciliation with Great Britain, and that
we should lose much more ground than we should gain by the proposition.
Yet, that the idea of a more firm bond of union than the undefined one
under which we then acted might be suggested and permitted to grow,
Doctor Franklin informed Congress that he had sketched the outlines of an
instrument which might become necessary at a future day, if the minority
continued pertinacious, and would ask leave for it to lay on the table of
Congress, that the members might in the meantime be turning the subject
in their minds, and have something more perfect prepared by the time it
should become necessary. This was agreed to by the timid members, only
on condition, that no entry whatever should be made in the journals of
Congress relative to this instrument. This was to continue in force only
till a reconciliation with Great Britain. This was all that ever was done
or proposed in Congress on the subject of a Confederation before June
1776, when the proposition was regularly made to Congress, a committee
appointed to draw an instrument of Confederation, who accordingly drew
one, very considerably differing from the sketch of Doctor Franklin.
Page 294. "Il est á croire qu'il y avoit quelque convention." It is well
known that there was such a convention. It was never made a secret of,
on our part. I do not exactly recollect its terms, but I believe they
were what M. Soulés states.
Page 301. "La petite verole." I have been informed by officers who were
on the spot, and whom I believe myself, that this disorder was sent into
our army designedly by the commanding officer in Quebec. It answered
his purpose effectually.
VIII.
_Observations on the letter of Monsieur de Calonnes, to Monsieur
Jefferson, dated Fontainebleau, October 22d, 1786._
A committee was appointed, in the course of the last year, to take a
view of the subjects of commerce which might be brought from the United
States of America, in exchange for those of France, and to consider what
advantages and facilities might be offered to encourage that commerce.
The letter of Monsieur de Calonnes was founded on their report. It
was conclusive as to the articles on which satisfactory information
had been then obtained, and reserved for future consideration certain
others needing further enquiry. It is proposed, now, to review those
unfinished articles, that they also may be comprehended in the Arrêt,
and the regulations on this branch of commerce be rendered complete.
1st. The letter promises to diminish the Droits du roi et d'amirauté,
payable by an American vessel entering into a port of France, and to
reduce what should remain into a single duty, which shall be regulated by
the draught of the vessel, or her number of masts. It is doubted whether
it will be expedient to regulate the duty in either of these ways. If by
the draught of water, it will fall unequally on us as a Nation; because
we build our vessels sharp-bottomed, for swift sailing, so that they draw
more water than those of other nations, of the same burthen; if by the
number of masts, it will fall unequally on individuals, because we often
see ships of one hundred and eighty tons, and brigs of three hundred
and sixty. This, then, would produce an inequality among individuals of
six to one. The present principle is the most just, to regulate by the
burthen.
It is certainly desirable that these duties should be reduced to a single
one. Their names and numbers perplex and harass the merchant more than
their amount, subject him to imposition, and to the suspicion of it where
there is none. An intention of general reformation in this article has
been accordingly announced[16] with augmentation as to foreigners. We
are in hopes that this augmentation is not to respect us; because it is
proposed as a measure of reciprocity; whereas, in some of our States no
such duties exist, and in others they are extremely light; because we have
been made to hope a diminution instead of augmentation; and because this
distinction cannot draw on France any just claims from other nations, the
_Jura gentis amicissimæ_ conferred by her late treaties having reference
expressly to the nations of Europe only; and those conferred by the
more ancient ones not being susceptible of any other interpretation, nor
admitting a pretension of reference to a nation which did not then exist,
and which has come into existence under circumstances distinguishing
its commerce from that of all other nations. Merchandise received from
them take employment from the poor of France; ours give it; theirs is
brought in the last stage of manufacture, ours in the first; we bring
our tobaccoes to be manufactured into snuff, our flax and hemps into
linen and cordage, our furs into hats, skins into saddlery, shoes, and
clothing; we take nothing till it has received the last hand.
2d. Fish-oils. The Hanseatic treaty was the basis on which the diminution
of duty on this article was asked and granted. It is expressly referred
to as such in the letter of Monsieur de Calonnes. Instead, however, of
the expression "huile et graisse de baleine and d'autres poissons" used
in that treaty, the letter uses the terms "huiles de baleine, spermaceti,
et tout ce qui est compris sous ces denominations." And the farmers have
availed themselves of this variation to refuse the diminution of duty on
the oils of the vache marine, chien de mer, esturgeon, and other fish.
It is proposed, therefore, to re-establish in the Arrêt the expressions
of the Hanseatic treaty, and to add from the same treaty the articles
"baleine coupee et fanon de baleine."
The letter states these regulations as finally made by the King. The
merchants on this supposition entered into speculations. But they found
themselves called on for the old duties, not only on other fish oils, but
on the whale oil. Monsieur de Calonnes always promised that the Arrêt
should be retrospective to the date of the letter, so as to refund to
them the duties they had thus been obliged to pay. To this attention
is prayed in forming the Arrêt. His majesty having been pleased, as
an encouragement to the importation of our fish oils, to abolish the
Droits de fabrication, it is presumed that the purpose [17]announced of
continuing those duties on foreign oils will not be extended to us.
3d. Rice. The duty on this is only seven and a half deniers the quintal,
or about one-quarter per cent. on its first cost. While this serves to
inform the government of the quantities imported, it cannot discourage
that importation. Nothing further, therefore, is necessary on this
article.
4th. Potash. This article is of principal utility to France in her
bleacheries of linen, glass-works, and soap-works; and the potash of
America, being made of green wood, is known to be the best in the world.
All duty on it was therefore abolished by the King. But the city of Rouen
levies on it a duty of twenty sols the quintal, which is very sensible
in its price, brings it dearer to the bleacheries near Paris, to those
of Beauvais, Laval Company, and to the glass-works, and encourages them
to give a preference to the potash or soda of other nations. This is a
counteraction of the views of the King expressed in the letter, which
it is hoped will be prevented.
5th. Turpentine, tar, and pitch, were not decided on the former occasion.
Turpentine (Terebenthine) pays ten sols the quintal, and ten sols the
livre, making fifteen sols the quintal; which is ten per cent. on its
prime cost. Tar, (goudron, braigras) pays eight livres the leth of twelve
barrels, and ten sols the livre, amounting to twenty sols the barrel,
which is twelve and a half per cent. on its prime cost. Pitch (brai
sec) pays ten sols the quintal, and ten sols the livre, making fifteen
sols the quintal, which is twenty per cent. on its prime cost. Duties
of from ten to twenty per cent. on articles of heavy carriage, prevent
their importation. They eat up all the profits of the merchant, and
often subject him to loss. This has been much the case with respect to
turpentine, tar, and pitch, which are a principal article of remittance
for the State of North Carolina. It is hoped that it will coincide with
the views of government in making the present regulations, to suppress
the duties on these articles, which of all others can bear them least.
FOOTNOTES:
[16] Memoires presentées à l'assemblée des Notables, page 53.
[17] Memoires presentées ex. page 51, 52.
IX.
[18]_Proposals for concerted operation among the powers at war with
the piratical States of Barbary, November 1786._
1. It is proposed that the several powers at war with the piratical
States of Barbary, (or any two or more of them who shall be willing,)
shall enter into a convention to carry on their operations against those
States in concert, beginning with the Algerines.
2. This convention shall remain open to any other power who shall, at
any future time, wish to accede to it: the parties reserving a right to
prescribe the conditions of such accession according to the circumstances
existing at the time it shall be proposed.
3. The object of the convention shall be to compel the piratical States
to perpetual peace, without price, and to guarantee that peace to each
other.
4. The operations for obtaining that peace shall be constant cruises
on their coast, with a naval force to be agreed on. It is not proposed
that this force shall be so considerable as to be inconvenient to any
party. It is believed that half a dozen frigates, with as many tenders,
or xebecks, one half of which shall be on cruise while the other half
is at rest, will suffice.
5. The force agreed to be necessary, shall be furnished by the parties
in certain quotas now to be fixed: it being expected that each will be
willing to contribute in such proportion as circumstances may render
reasonable.
6. As miscarriages often proceed from the want of harmony among officers
of different nations, the parties shall now consider and decide, whether
it shall not be better to contribute their quotas in money, to be employed
in fitting out and keeping on duty, a single fleet of the force agreed
on.
7. The difficulties and delays too, which will attend the management
of these operations, if conducted by the parties themselves separately,
distant as their courts may be from one another, and incapable of meeting
in consultation, suggest a question whether it will not be better
for them to give full powers for that purpose to their ambassador or
other minister resident at some one court of Europe, who shall form a
committee or council for carrying this convention into effect; wherein
the vote of each member shall be computed in proportion to the quota
of his sovereign, and the majority, so computed, shall prevail in all
questions within the view of this convention. The court of Versailles
is proposed, on account of its neighborhood to the Mediterranean, and
because all those powers are represented there who are likely to become
parties to this convention.
8. To save to that council the embarrassment of personal solicitations
for office, and to assure the parties that their contributions will be
applied solely to the object for which they are destined, there shall be
no establishment of officers for the said council, such as Commissaries,
Secretaries, or of any other kind, with either salaries or perquisites,
nor any other lucrative appointments, but such as whose functions are
to be exercised on board of the said vessels.
9. Should war arise between any two of the parties to this convention,
it shall not extend to this enterprise, nor interrupt it; but as to this
they shall be reputed at peace.
10. When Algiers shall be reduced to peace, the other piratical States,
if they refuse to discontinue their piracies, shall become the objects
of this convention either successively or together, as shall seem best.
11. Where this convention would interfere with treaties actually existing
between any of the parties and of the said States of Barbary, the treaty
shall prevail, and such party shall be allowed to withdraw from the
operations against that State.
FOOTNOTE:
[18] [This plan was approved by Portugal, Naples, the
two Sicilies, Venice, Denmark, and Sweden. France seemed
favorably disposed. Spain alone, having just concluded
a treaty with Algiers, was indisposed. In this state of
things, the plan was communicated to Congress, together
with information that we would be expected to maintain a
frigate towards its execution. Unfortunately, the supplies
of the Treasury were so uncertain, that Congress were not
willing to enter into an engagement which they might not
be able to fulfil, and thus the plan failed.--ED.]
X.
_To the Editor of the Journal de Paris._
PARIS, August 29, 1787
SIR,--I am a citizen of the United States of America, and have passed in
those States almost the whole of my life. When young, I was passionately
fond of reading books of history and travels. Since the commencement of
the late revolution which separated us from Great Britain, our country
too, has been thought worthy to employ the pens of historians and
travellers. I cannot paint to you, Sir, the agonies which these have
cost me, in obliging me to renounce these favorite branches of reading,
and in discovering to me at length, that my whole life has been employed
in nourishing my mind with fables and falsehoods. For thus I reason. If
the histories of d'Auberteuil and of Longchamps, and the travels of the
Abbé Robin can be published in the face of the world, and can be read
and believed by those who are cotemporary with the events they pretend
to relate, how may we expect that future ages shall be better informed?
Will those rise from their graves to bear witness to the truth, who would
not, while living, lift their voices against falsehood? If cotemporary
histories are thus false, what will future compilations be? And what are
all those of preceding times? In your journal of this day, you announce
and criticise a book under the title of "les ligues Acheenne, Suisse,
& Hollandoise, et revolution des etats unis d'e l'Amerique par M. de
Mayer." I was no part of the Achaean, Swiss or Dutch confederacies, and
have therefore nothing to say against the facts related of them. And
you cite only one fact from his account of the American revolution. It
is in these words: "Monsieur Mayer assure qu'une seule voix, un seul
homme, prononça l'independance des Etats unis. Ce fut, dit il, John
Dickinson, un des Deputés de la Pensilvanie au Congrés. La veille, il
avoit vôté pour la soumission. L'egalité des suffrages avoit suspendu
la resolution; s'il eut persisté, le Congrés ne deliberoit point, il
fut foible: il ceda aux instances de ceux qui avoient plus d'energie,
plus d'eloquence, et plus de lumieres; il donna sa voix: l'Amerique lui
doit une reconnaissance eternelle; c'est Dickinson qui l'a affranchie."
The modesty and candor of Mr. Dickinson himself, Sir, would disavow
every word of this paragraph, except these--"il avoit voté pour la
soumission." These are true, every other tittle false. I was on the
spot, and can relate to you this transaction with precision. On the
7th of June, 1776, the delegates from Virginia moved, in obedience to
instructions from their constituents, that Congress should declare the
thirteen united colonies to be independent of Great Britain, that a
confederation should be formed to bind them together, and measures be
taken for procuring the assistance of foreign powers. The House ordered
a punctual attendance of all their members the next day at ten o'clock,
and then resolved themselves into a committee of the whole and entered
on the discussion. It appeared in the course of the debates that seven
States: viz., New Hampshire, Massachusetts, Rhode Island, Connecticut,
Virginia, North Carolina and Georgia, were decided for a separation;
but that six others still hesitated, to wit: New York, New Jersey,
Pennsylvania, Delaware, Maryland, and South Carolina. Congress, desirous
of unanimity, and seeing that the public mind was advancing rapidly to
it, referred the further discussion to the first of July, appointing,
in the mean time, a committee to prepare a declaration of independence,
a second to form articles for the confederation of the States, and a
third to propose measures for obtaining foreign aid. On the 28th of
June, the Declaration of Independence was reported to the House, and was
laid on the table for the consideration of the members. On the first
day of July, they resolved themselves into a committee of the whole,
and resumed the consideration of the motion of June 7th. It was debated
through the day, and at length was decided in the affirmative by the
vote of nine States: viz., New Hampshire, Massachusetts, Rhode Island,
Connecticut, _New Jersey_, _Maryland_, Virginia, North Carolina, and
Georgia. Pennsylvania and South Carolina voted against it. Delaware,
having but two members present, was divided. The delegates from New
York declared they were for it, and their constituents also; but that
the instructions against it which had been given them a twelvemonth
before, were still unrepealed; that their convention was to meet in a
few days, and they asked leave to suspend their vote till they could
obtain a repeal of their instructions. Observe that all this was in a
committee of the whole Congress, and that according to the mode of their
proceedings, the resolution of that committee to declare themselves
independent, was to be put to the same persons re-assuming their form as
a Congress. It was now evening, the members exhausted by a debate of nine
hours, during which all the powers of the soul had been distended with
the magnitude of the object--without refreshment, without a pause--and
the delegates of South Carolina desired that the final decision might
be put off to the next morning, that they might still weigh in their
own minds their ultimate vote. It was put off, and in the morning of
the second of July they joined the other nine States in voting for it.
The members of the Pennsylvania delegation too, who had been absent
the day before, came in and turned the vote of their State in favor of
independence; and a third member of the State of Delaware, who, hearing
of the division in the sentiments of his two colleagues, had travelled
post to arrive in time, now came in and decided the vote of that State
also for the resolution. Thus twelve States voted for it at the time
of its passage, and the delegates of New York, the thirteenth State,
received instructions within a few days to add theirs to the general
vote: so that, instead of the "egalité des suffrages" spoken of by M.
Mayer, there was not a dissenting voice. Congress proceeded immediately
to consider the Declaration of Independence which had been reported by
their committee on the 28th of June. The several paragraphs of that were
debated for three days: viz., the second, third, and fourth of July. In
the evening of the fourth they were finally closed, and the instrument
approved by an unanimous vote and signed by every member, _except Mr.
Dickinson_. Look into the Journal of Congress of that day, Sir, and
you will see the instrument and the names of the signers, and that Mr.
Dickinson's name is not among them. Then read again those words of your
paper: "il (M. Mayer) assure qu'une seule voix, un seul homme, prononça
l'independance des etats unis, ce fut John Dickinson--l'Amerique lui
doit une reconnoissance eternel; c'est Dickinson qui l'a affranchie."
With my regrets, and my adieus to history, to travels, to Mayer, and
to you, Sir, permit me to mingle assurances of the great respect with
which I have the honor to be, Sir, your most obedient and most humble
servant.
XI.
_Memoranda taken on a journey from Paris into the southern parts of
France, and northern of Italy, in the year 1787._
CHAMPAGNE. March 3. _Sens_ to _Vermanton_. The face of the country is
in large hills, not too steep for the plough, somewhat resembling the
Elk hill, and Beaver-dam hills of Virginia. The soil is generally a rich
mulatto loam, with a mixture of coarse sand and some loose stone. The
plains of the Yonne are of the same color. The plains are in corn, the
hills in vineyard, but the wine not good. There are a few apple trees,
but none of any other kind, and no inclosures. No cattle, sheep, or
swine; fine mules.
Few châteaux; no farm-houses, all the people being gathered in villages.
Are they thus collected by that dogma of their religion, which makes them
believe, that to keep the Creator in good humor with his own works, they
must mumble a mass every day? Certain it is, that they are less happy
and less virtuous in villages, than they would be insulated with their
families on the grounds they cultivate. The people are illy clothed.
Perhaps they have put on their worst clothes at this moment, as it is
raining. But I observe women and children carrying heavy burthens, and
laboring with the hoe. This is an unequivocal indication of extreme
poverty. Men, in a civilized country, never expose their wives and
children to labor above their force and sex, as long as their own labor
can protect them from it. I see few beggars. Probably this is the effect
of a police.
BURGUNDY. March 4. _Lucy le bois._ _Cussy les forges._ _Rouvray._
_Maison-neuve._ _Vitteaux._ _La Chaleure._ _Pont de Panis._ _Dijon._ The
hills are higher and more abrupt. The soil, a good red loam and sand,
mixed with more or less grit, small stone, and sometimes rock. All in
corn. Some forest wood here and there, broom, whins and holly, and a
few inclosures of quick hedge. Now and then a flock of sheep.
The people are well clothed, but it is Sunday. They have the appearance
of being well fed. The Château de Sevigny, near Cussy les forges, is
a charming situation. Between Maisonneuve and Vitteaux the road leads
through an avenue of trees, eight American miles long, in a right line.
It is impossible to paint the ennui of this avenue. On the summits of the
hills which border the valley in which Vitteaux is, there is a parapet
of rock, twenty, thirty, or forty feet perpendicular, which crowns the
hills. The tops are nearly level, and appear to be covered with earth.
Very singular. Great masses of rock in the hills between la Chaleure
and Pont de Panis, and a conical hill in the approach to the last place.
_Dijon._ The tavern price of a bottle of the best wine (_e. g._ of Vaune)
is four livres. The best round potatoes here I ever saw. They have begun
a canal thirty feet wide, which is to lead into the Saone at ----. It
is fed by springs. They are not allowed to take any water out of the
riviere d'Ouche, which runs through this place, on account of the mills
on that river. They talk of making a canal to the Seine, the nearest
navigable part of which at present is fifteen leagues from hence. They
have very light wagons here for the transportation of their wine. They
are long and narrow; the fore wheels as high as the hind. Two pieces
of wine are drawn by one horse in one of these wagons. The road in this
part of the country is divided into portions of forty or fifty feet by
stones, numbered, which mark the task of the laborers.
March 7 and 8. From _la Baraque_ to _Chagny_. On the left are plains
which extend to the Saone, on the right the ridge of mountains called
the Cote. The plains are of a reddish-brown, rich loam, mixed with much
small stone. The Cote has for its basis a solid rock, on which is about
a foot of soil and small stone, in equal quantities, the soil red and of
middling quality. The plains are in corn; the Cote in vines. The former
have no inclosures, the latter is in small ones of dry stone wall. There
is a good deal of forest. Some small herds of small cattle and sheep.
Fine mules, which come from Provence, and cost twenty louis. They break
them at two years old, and they last to thirty.
The corn lands here rent for about fifteen livres the arpent. They are
now planting, pruning, and sticking their vines. When a new vineyard is
made, they plant the vines in gutters about four feet apart. As the vines
advance, they lay them down. They put out new shoots, and fill all the
intermediate space, till all trace of order is lost. They have ultimately
about one foot square to each vine. They begin to yield good profit at
five or six years old, and last one hundred, or one hundred and fifty
years. A vigneron at Voulenay carried me into his vineyard, which was
of about ten arpents. He told me that some years it produced him sixty
pieces of wine, and some, not more than three pieces. The latter is the
most advantageous produce, because the wine is better in quality, and
higher in price in proportion as less is made, and the expenses at the
same time diminish in the same proportion. Whereas, when much is made,
the expenses are increased, while the price and quality become less.
In very plentiful years, they often give one half the wine for casks
to contain the other half. The cask for two hundred and fifty bottles,
costs six livres in scarce years, and ten in plentiful. The Feuillette
is of one hundred and twenty-five bottles, the Piece of two hundred and
fifty, and the Queue or Botte, of five hundred. An arpent rents at from
twenty to sixty livres. A farmer of ten arpents has about three laborers
engaged by the year. He pays four louis to a man, and half as much to a
woman, and feeds them. He kills one hog, and salts it, which is all the
meat used in the family during the year. Their ordinary food is bread
and vegetables. At Pommard and Voulenay, I observed them eating good
wheat bread; at Meursault, rye. I asked the reason of this difference.
They told me that the white wines fail in quality much oftener than the
red, and remain on hand. The farmer, therefore, cannot afford to feed his
laborers so well. At Meursault, only white wines are made, because there
is too much stone for the red. On such slight circumstances depends the
condition of man! The wines which have given such celebrity to Burgundy,
grow only on the Cote, an extent of about five leagues long, and half a
league wide. They begin at Chambertin, and go through Vougeau, Romanie,
Veaune, Nuys, Beaune, Pommard, Voulenay, Meursault, and end at Monrachet.
Those of the two last are white, the others red. Chambertin, Vougeau
and Neaune are strongest, and will bear transportation and keeping. They
sell, therefore, on the spot for twelve hundred livres the queue, which
is forty-eight sous the bottle. Voulenay is the best of the other reds,
equal in flavor to Chambertin, &c., but being lighter, will not keep,
and therefore sells for not more than three hundred livres the queue,
which is twelve sous the bottle. It ripens sooner than they do, and
consequently is better for those who wish to broach at a year old. In
like manner of the white wines, and for the same reason, Monrachet sells
for twelve hundred livres the queue (forty-eight sous the bottle), and
Meursault of the best quality, viz., the Goutte d'or, at only one hundred
and fifty livres (six sous the bottle). It is remarkable, that the best
of each kind, that is, of the red and white, is made at the extremities
of the line, to wit, at Chambertin and Monrachet. It is pretended that
the adjoining vineyards produce the same qualities, but that belonging
to obscure individuals, they have not obtained a name, and therefore
sell as other wines. The aspect of the Cote is a little south of east.
The western side is also covered with vines, and is apparently of the
same soil, yet the wines are of the coarsest kinds. Such, too, are those
which are produced in the plains; but there the soil is richer and less
strong. Vougeau is the property of the monks of Citeaux, and produces
about two hundred pieces. Monrachet contains about fifty arpents, and
produces, one year with another, about one hundred and twenty pieces.
It belongs to two proprietors only, Monsieur de Clarmont, who leases to
some wine merchants, and the Marquis de Sarsnet, of Dijon, whose part
is farmed to a Monsieur de la Tour, whose family for many generations
have had the farm. The best wines are carried to Paris by land. The
transportation costs thirty-six livres the piece. The more indifferent
go by water. Bottles cost four and a half sous each.
March 9. _Chalons._ _Sennecy._ _Tournus._ _St. Albin._ _Macon._ On the
left are the fine plains of the Saone; on the right, high lands, rather
waving than hilly, sometimes sloping gently to the plains, sometimes
dropping down in precipices, and occasionally broken into beautiful
vallies by the streams which run into the Saone. The plains are a dark
rich loam, in pasture and corn; the heights more or less red or reddish,
always gritty, of middling quality only, their sides in vines, and their
summits in corn. The vineyards are inclosed with dry stone walls, and
there are some quick hedges in the corn grounds. The cattle are few and
indifferent. There are some good oxen, however. They draw by the head.
Few sheep, and small. A good deal of wood lands.
I passed three times the canal called le Charollois, which they are
opening from Chalons on the Saone to Dijon on the Loire. It passes near
Chagny, and will be twenty-three leagues long. They have worked on it
three years, and will finish it in four more. It will re-animate the
languishing commerce of Champagne and Burgundy, by furnishing a water
transportation for their wines to Nantes, which also will receive new
consequence by becoming the emporium of that commerce. At some distance
on the right are high mountains, which probably form the separation
between the waters of the Saone and Loire. Met a malefactor in the hands
of one of the Marechausée; perhaps a dove in the talons of the hawk. The
people begin now to be in separate establishments, and not in villages.
Houses are mostly covered with tile.
BEAUJOLOIS. _Maison blanche._ _St. George._ _Château de Laye-Epinaye._
The face of the country is like that from Chalons to Macon. The plains
are a dark rich loam, the hills a red loam of middling quality, mixed
generally with more or less coarse sand and grit, and a great deal of
small stone. Very little forest. The vineyards are mostly inclosed with
dry stone wall. A few small cattle and sheep. Here, as in Burgundy, the
cattle are all white.
This is the richest country I ever beheld. It is about ten or twelve
leagues in length, and three, four, or five in breadth; at least, that
part of it which is under the eye of the traveller. It extends from
the top of a ridge of mountains, running parallel with the Saone, and
sloping down to the plains of that river, scarcely any where too steep
for the plough. The whole is thick set with farm-houses, chateaux, and
the Bastides of the inhabitants of Lyons. The people live separately, and
not in villages. The hill sides are in vine and corn; the plains in corn
and pasture. The lands are farmed either for money, or on half-stocks.
The rents of the corn lands, farmed for money, are about ten or twelve
livres the arpent. A farmer takes, perhaps, about one hundred and fifty
arpents, for three, six, or nine years. The first year they are in corn;
the second in other small grain, with which he sows red clover. The third
is for the clover. The spontaneous pasturage is of green sward, which
they call fromenteau. When lands are rented on half-stocks, the cattle,
sheep, &c., are furnished by the landlord. They are valued, and must be
left of equal value. The increase of these, as well as the produce of
the farm, is divided equally. These leases are only from year to year.
They have a method of mixing beautifully the culture of vines, trees,
and corn. Rows of fruit trees are planted about twenty feet apart.
Between the trees, in the row, they plant vines four feet apart, and
espalier them. The intervals are sowed alternately in corn, so as to
be one year in corn, the next in pasture, the third in corn, the fourth
in pasture, &c. One hundred toises of vines in length, yield generally
about four pieces of wine. In Dauphiné, I am told, they plant vines only
at the roots of the trees, and let them cover the whole trees. But this
spoils both the wine and the fruit. Their wine when distilled, yields
but one-third its quantity in brandy. The wages of a laboring man here,
are five louis; of a woman, one half. The women do not work with the
hoe; they only weed the vines, the corn, &c., and spin. They speak a
Patois very difficult to understand. I passed some time at the Château de
Laye-Epinaye. Monsieur de Laye has a seignory of about fifteen thousand
arpents, in pasture, corn, vines, and wood. He has over this, as is
usual, a certain jurisdiction, both criminal and civil. But this extends
only to the first crude examination, which is before his judges. The
subject is referred for final examination and decision, to the regular
judicatures of the country. The Seigneur is keeper of the peace on his
domains. He is therefore subject to the expenses of maintaining it. A
criminal prosecuted to sentence and execution, costs M. de Laye about five
thousand livres. This is so burthensome to the Seigneurs, that they are
slack in criminal prosecutions. A good effect from a bad cause. Through
all Champagne, Burgundy, and the Beaujolois, the husbandry seems good,
except that they manure too little. This proceeds from the shortness of
their leases. The people of Burgundy and Beaujolois are well clothed,
and have the appearance of being well fed. But they experience all the
oppressions which result from the nature of the general government, and
from that of their particular tenures, and of the seignorial government
to which they are subject. What a cruel reflection, that a rich country
cannot long be a free one. M. de Laye has a Diana and Endymion, a very
superior morsel of sculpture by Michael Angelo Slodtz, done in 1740.
The wild gooseberry is in leaf; the wild pear and sweet briar in bud.
_Lyons._ There are some feeble remains here, of an amphitheatre of two
hundred feet diameter, and of an aqueduct in brick. The Pont d'Ainay
has nine arches of forty feet from centre to centre. The piers are of
six feet. The almond is in bloom.
DAUPHINE. From _St. Fond_ to _Mornas_. March 15, 16, 17, 18. The Rhone
makes extensive plains, which lie chiefly on the eastern side, and are
often in two stages. Those of Montelimart are three or four miles wide,
and rather good. Sometimes, as in the neighborhood of Vienne, the hills
come in precipices to the river, resembling then very much our Susquehanna
and its hills, except that the Susquehanna is ten times as wide as the
Rhone. The highlands are often very level. The soil, both of hill and
plain, where there is soil, is generally tinged, more or less, with
red. The hills are sometimes mere masses of rock, sometimes a mixture
of loose stone and earth. The plains are always stony, and, as often as
otherwise, covered perfectly with a coat of round stones, of the size
of the fist, so as to resemble the remains of inundations, from which
all the soil has been carried away. Sometimes they are middling good,
sometimes barren. In the neighborhood of Lyons, there is more corn than
wine. Towards Tains, more wine than corn. From thence, the plains, where
best, are in corn, clover, almonds, mulberries, walnuts; where there
is still some earth, they are in corn, almonds, and oaks. The hills are
in vines. There is a good deal of forest-wood near Lyons, but not much
afterwards. Scarcely any inclosures. There are a few small sheep before
we reach Tains; there the number increases.
Nature never formed a country of more savage aspect, than that on both
sides the Rhone. A huge torrent, rushes like an arrow between high
precipices, often of massive rock, at other times of loose stone, with
but little earth. Yet has the hand of man subdued this savage scene,
by planting corn where there is a little fertility, trees where there
is still less, and vines where there is none. On the whole, it assumes
a romantic, picturesque, and pleasing air. The hills on the opposite
side of the river, being high, steep, and laid up in terraces, are of
a singular appearance. Where the hills are quite in waste, they are
covered with broom, whins, box, and some clusters of small pines. The
high mountains of Dauphiné and Languedoc are now covered with snow. The
almond is in general bloom, and the willow putting out its leaf. There
were formerly olives at Pains; but a great cold, some years ago, killed
them, and they have not been replanted. I am told at Montelimart, that
an almond tree yields about three livres profit a year. Supposing them
three toises apart, there will be one hundred to the arpent, which gives
three hundred livres a year, besides the corn growing on the same ground.
A league below Vienne, on the opposite side of the river, is Cote Rotie.
It is a string of broken hills, extending a league on the river, from the
village of Ampuys to the town of Condrieux. The soil is white, tinged
a little, sometimes, with yellow, sometimes with red, stony, poor, and
laid up in terraces. Those parts of the hills only, which look to the
sun at mid-day, or the earlier hours of the afternoon, produce wines
of the first quality. Seven hundred vines, three feet apart, yield a
feuillette, which is about two and a half pieces, to the arpent. The best
red wine is produced at the upper end, in the neighborhood of Ampuys;
the best white, next to Condrieux. They sell of the first quality and
last vintage, at one hundred and fifty livres the piece, equal to twelve
sous the bottle. Transportation to Paris is sixty livres, and the bottle
four sous; so it may be delivered at Paris in bottles, at twenty sous.
When old, it costs ten or eleven louis the piece. There is a quality
which keeps well, bears transportation, and cannot be drunk under four
years. Another must be drunk at a year old. They are equal in flavor
and price.
The wine called Hermitage is made on the hills impending over the village
of Tains; on one of which is the hermitage, which gives name to the hills
for about two miles, and to the wine made on them. There are but three
of those hills which produce wine of the first quality, and of these,
the middle regions only. They are about three hundred feet perpendicular
height, three-quarters of a mile in length, and have a southern aspect.
The soil is scarcely tinged red, consists of small rotten stone, and
is, where the best wine is made, without any perceptible mixture of
earth. It is in sloping terraces. They use a little dung. An homme
de vignes, which consists of seven hundred plants, three feet apart,
yields generally about three quarters of a piece, which is nearly four
pieces to the arpent. When new, the piece is sold at about two hundred
and twenty-five livres; when old, at three hundred. It cannot be drunk
under four years, and improves fastest in a hot situation. There is so
little white made in proportion to the red, that it is difficult to buy
it separate. They make the white sell the red. If bought separately, it
is from fifteen to sixteen louis the piece, new, and three livres the
bottle, old. To give quality to the red, they mix one eighth of white
grapes. Portage to Paris is seventy-two livres the piece, weighing six
hundred pounds. There are but about one thousand pieces of both red and
white, of the first quality, made annually. Vineyards are never rented
here, nor are laborers in the vineyard hired by the year. They leave buds
proportioned to the strength of the vine; sometimes as much as fifteen
inches. The last hermit died in 1751.
In the neighborhood of Montelimart, and below that, they plant vines in
rows, six, eight, or ten feet apart, and two feet asunder in the row,
filling the intervals with corn. Sometimes the vines are in double rows,
two feet apart. I saw single asses in ploughs proportioned to their
strength. There are few chateaux in this province. The people, too, are
mostly gathered into villages. There are, however, some scattering farm
houses. These are made either of mud, or of round stone and mud. They
make inclosures also, in both those ways. Day laborers receive sixteen or
eighteen sous the day, and feed themselves. Those by the year receive,
men three louis, women half that, and are fed. They rarely eat meat; a
single hog salted, being the year's stock for a family. But they have
plenty of cheese, eggs, potatoes and other vegetables, and walnut oil
with their salad. It is a trade here, to gather dung along the road for
their vines. This proves they have few cattle. I have seen neither hares
nor partridges since I left Paris, nor wild fowl on any of the rivers.
The roads from Lyons to St. Rambert, are neither paved nor gravelled.
After that, they are coated with broken flint. The ferry boats on the
Rhone and the Isere, are moved by the stream, and very rapidly. On
each side of the river is a moveable stage, one end of which is on an
axle and two wheels, which, according to the tide, can be advanced or
withdrawn, so as to apply to the gunwale of the boat. The Prætorian
palace at Vienne is forty-four feet wide, of the Corinthian order, four
columns in front, and four in flank. It was begun in the year 400, and
finished by Charlemagne. The Sepulchral pyramid, a little way out of the
town, has an order for its basement, the pedestal of which, from point
to point of its cap, is twenty-four feet one inch. At each angle, is a
column, engaged one fourth in the wall. The circumference of the three
fourths disengaged, is four feet four inches; consequently, the diameter
is twenty-three inches. The base of the column indicates it to be Ionic,
but the capitals are not formed. The cornice, too, is a bastard Ionic,
without modillions or dentils. Between the columns, on each side, is an
arch of eight feet four inches, opening with a pilaster on each side of
it. On the top of the basement is a zocle, in the plane of the frieze
below. On that is the pyramid, its base in the plane of the collarins of
the pilaster below. The pyramid is a little truncated on its top. This
monument is inedited.
March 18th. _Principality of Orange._ The plains on the Rhone here are
two or three leagues wide, reddish, good, in corn, clover, almonds,
olives. No forests. Here begins the country of olives, there being very
few till we enter this principality. They are the only tree which I see
planted among vines. Thyme grows wild here on the hills. Asses, very
small, sell here for two or three louis. The high hills in Dauphiné are
covered with snow. The remains of the Roman aqueduct are of brick: a
fine piece of Mosaic, still on its bed, forming the floor of a cellar.
Twenty feet of it still visible. They are taking down the circular wall
of the amphitheatre to pave a road.
March 19th to 23d. LANGUEDOC. _Pont St. Esprit._ _Bagnols._ _Connault._
_Valignieres._ _Remoulins._ _St. Gervasy._ _Nismes._ _Pont d'Arles._ To
Remoulins, there is a mixture of hill and dale. Thence to Nismes, hills
on the right, on the left, plains extending to the Rhone and the sea.
The hills are rocky. Where there is soil, it is reddish and poor. The
plains, generally reddish and good, but stony. When you approach the
Rhone, going to Arles, the soil becomes a dark gray loam with some sand,
and very good. The culture is corn, clover, St. foin, olives, vines,
mulberries, willow, and some almonds. There is no forest. The hills are
inclosed in dry stone wall. Many sheep.
From the summit of the first hill, after leaving Pont St. Esprit, there
is a beautiful view of the bridge at about two miles distance, and
a fine landscape of the country both ways. From thence, an excellent
road, judiciously conducted, through very romantic scenes. In one part,
descending the face of a hill, it is laid out in serpentine, and not
zigzag, to ease the descent. In others, it passes through a winding
meadow, from fifty to one hundred yards, walled, as it were, on both
sides, by hills of rock; and at length issues into plain country. The
waste hills are covered with thyme, box, and chene-vert. Where the
body of the mountains has a surface of soil, the summit has sometimes a
crown of rock, as observed in Champagne. At Nismes, the earth is full
of lime-stone. The horses are shorn. They are now pruning the olive.
A very good tree produces sixty pounds of olives, which yield fifteen
pounds of oil: the best quality sells at twelve sous the pound, retail,
and ten sous, wholesale. The high hills of Languedoc still covered with
snow. The horse chestnut and mulberry are leafing; apple trees and peas
blossoming. The first butterfly I have seen. After the vernal equinox,
they are often six or eight months without rain. Many separate farm
houses, numbers of people in rags, and abundance of beggars. The mine
of wheat, weighing thirty pounds, costs four livres and ten sous. Wheat
bread, three sous the pound. Vin ordinaire, good, and of a strong body,
two or three sous the bottle. Oranges, one sous a piece. They are nearly
finishing at Nismes, a great mill, worked by a steam engine, which
pumps water from a lower into an upper cistern, from whence two overshot
wheels are supplied, each of which turns two pair of stones. The upper
cistern being once filled with water, it passes through the wheels into
the lower one, from whence it is returned to the upper by the pumps. A
stream of water of one quarter or one half inch diameter, supplies the
waste of evaporation, absorption, &c. This is furnished from a well by
a horse. The arches of the Pont St. Esprit are of eighty-eight feet.
Wild figs, very flourishing, grow out of the joints of the Pont du Gard.
The fountain of Nismes is so deep, that a stone was thirteen seconds
descending from the surface to the bottom.
March 24th. From _Nismes_ to _Arles_. The plains extending from Nismes
to the Rhone, in the direction of Arles, are broken in one place by a
skirt of low hills. They are red and stony at first, but as you approach
the Rhone, they are of a dark gray mould, with a little sand, and very
good. They are in corn and clover, vines, olives, almonds, mulberries,
and willow. There are some sheep, no wood, no inclosures.
The high hills of Languedoc are covered with snow. At an ancient church,
in the suburbs of Arles, are some hundreds of ancient stone coffins,
along the road side. The ground is thence called les champs elysées. In
a vault in a church, are some curiously wrought, and in a back yard are
many ancient statues, inscriptions, &c. Within the town, are a part of
two Corinthian columns, and of the pediment with which they were crowned,
very rich, having belonged to the ancient capitol of the place. But the
principal monument here, is an amphitheatre, the external portico of which
is tolerably complete. How many porticoes there were, cannot be seen:
but at one of the principal gates, there are still five, measuring, from
out to in, seventy-eight feet ten inches, the vault diminishing inwards.
There are sixty-four arches, each of which is, from centre to centre,
twenty feet six inches. Of course, the diameter is of four hundred and
thirty-eight feet; or of four hundred and fifty feet, if we suppose the
four principal arches a little larger than the rest. The ground-floor
is supported on innumerable vaults. The first story, externally, has
a tall pedestal, like a pilaster, between every two arches: the upper
story, a column, the base of which would indicate it Corinthian. Every
column is truncated as low as the impost of the arch, but the arches
are all entire. The whole of the upper entablature is gone, and of the
Attic, if there was one. Not a single seat of the internal is visible.
The whole of the inside, and nearly the whole of the outside, is masked
by buildings. It is supposed there are one thousand inhabitants within
the amphitheatre. The walls are more entire and firm than those of the
amphitheatre at Nismes. I suspect its plan and distribution to have been
very different from that.
_Terrasson._ The plains of the Rhone from Arles to this place, are
a league or two wide: the mould is of a dark gray, good, in corn and
lucerne. Neither wood, nor inclosures. Many sheep.
_St. Remis._ From Terrasson to St. Remis, is a plain of a league or two
wide, bordered by broken hills of massive rock. It is gray and stony,
mostly in olives. Some almonds, mulberries, willows, vines, corn, and
lucerne. Many sheep. No forest, nor inclosures.
A laboring man's wages here, are one hundred and fifty livres, a woman's
half, and fed. Two hundred and eighty pounds of wheat sell for forty-two
livres. They make no butter here. It costs, when bought, fifteen sous the
pound. Oil is ten sous the pound. Tolerably good olive trees yield, one
with another, about twenty pounds of oil. An olive tree must be twenty
years old before it has paid its own expenses. It lasts forever. In 1765,
it was so cold, that the Rhone was frozen over at Arles for two months.
In 1767, there was a cold spell of a week, which killed all the olive
trees. From being fine weather, in one hour there was ice hard enough to
bear a horse. It killed people on the road. The old roots of the olive
trees put out again. Olive grounds sell for twenty-four livres a tree,
and lease at twenty-four sous the tree. The trees are fifteen pieds
apart. But lucerne is a more profitable culture. An arpent yields one
hundred quintals of hay a year, worth three livres the quintal. It is
cut four or five times a year. It is sowed in the broadcast, and lasts
five or six years. An arpent of ground for corn, rents at from thirty
to thirty-six livres. Their leases are for six or nine years. They plant
willow for fire-wood, and for hoops to their casks. It seldom rains here
in summer. There are some chateaux, many separate farm-houses, good,
and ornamented in the small way, so as to show that the tenant's whole
time is not occupied in procuring physical necessaries.
March 25th. _Orgon._ _Pontroyal._ _St. Cannat._ From Orgon to Pontroyal,
after quitting the plains of the Rhone, the country seems still to be
a plain, cut into compartments by chains of mountains of massive rock,
running through it in various directions. From Pontroyal to St. Cannat,
the land lies rather in basins. The soil is very various, gray and
clay, gray and stony, red and stony; sometimes good, sometimes middling,
often barren. We find some golden willows. Towards Pontroyal, the hills
begin to be in vines, and afterwards, in some pasture of green sward and
clover. About Orgon are some inclosures of quick set, others of conical
yews planted close. Towards St. Cannat, they begin to be of stone.
The high mountains are covered with snow. Some separate farm-houses of
mud. Near Pontroyal is a canal for watering the country; one branch goes
to Terrasson, the other to Arles.
March 25th, 26th, 27th, 28th. _Aix._ The country is waving in vines,
pasture of green sward and clover, much inclosed with stone, and abounding
with sheep.
On approaching Aix, the valley which opens from thence towards the
mouth of the Rhone and the sea, is rich and beautiful; a perfect grove
of olive trees, mixed among which, are corn, lucerne, and vines. The
waste grounds throw out thyme and lavender. Wheat bread is three sous
the pound. Cow's milk sixteen sous the quart, sheep's milk six sous,
butter of sheep's milk twenty sous the pound. Oil, of the best quality,
is twelve sous the pound, and sixteen sous if it be virgin oil. This
is what runs from the olive when put into the press, spontaneously;
afterwards they are forced by the press and by hot water. Dung costs ten
sous the one hundred pounds. Their fire-wood is chene-vert and willow.
The latter is lopped every three years. An ass sells for from one to
three louis; the best mules for thirty louis. The best asses will carry
two hundred pounds; the best horses three hundred pounds; the best mules
six hundred pounds. The temperature of the mineral waters of Aix, is
90° of Farenheit's thermometer, at the spout. A mule eats half as much
as a horse. The allowance to an ass for the day, is a handful of bran
mixed with straw. The price of mutton and beef, about six and a half
sous the pound. The beef comes from Auvergne, and is poor and bad. The
mutton is small, but of excellent flavor. The wages of a laboring man
are one hundred and fifty livres the year, a woman's sixty to sixty-six
livres, and fed. Their bread is half wheat, half rye, made once in three
or four weeks, to prevent too great a consumption. In the morning, they
eat bread with an anchovy, or an onion. Their dinner in the middle of
the day, is bread, soup, and vegetables. Their supper the same. With
their vegetables, they have always oil and vinegar. The oil costs about
eight sous the pound. They drink what is called piquette. This is made
after the grapes are pressed, by pouring hot water on the pumice. On
Sunday they have meat and wine. Their wood for building comes mostly
from the Alps, down the Durance and Rhone. A stick of pine, fifty feet
long, girting sixty feet and three inches at one end, and three feet
three inches at the other, costs, delivered here, from fifty-four to
sixty livres. Sixty pounds of wheat cost seven livres. One of their
little asses will travel with his burthen about five or six leagues a
day, and day by day; a mule from six to eight leagues.[19]
March 29. _Marseilles._ The country is hilly, intersected by chains of
hills and mountains of massive rock. The soil is reddish, stony, and
indifferent where best. Wherever there is any soil, it is covered with
olives. Among these are corn, vines, some lucerne, mulberry, some almonds
and willow. Neither inclosures, nor forest. A very few sheep.
On the road I saw one of those little whirlwinds which we have in
Virginia, also some gullied hill sides. The people are in separate
establishments. Ten morning observations of the thermometer, from the
20th to the 31st of March inclusive, made at Nismes, St. Renny, Aix
and Marseilles, give me an average of 52 1-2° and 46° and 61°, for the
greatest and least morning heats. Nine afternoon observations, yield an
average of 62 2-3° and 57° and 66°, the greatest and least. The longest
day here, from sunrise to sunset, is fifteen hours and fourteen minutes;
the shortest is eight hours and forty-six minutes; the latitude being
----. There are no tides in the Mediterranean. It is observed to me,
that the olive tree grows no where more than thirty leagues distant
from that sea. I suppose, however, that both Spain and Portugal furnish
proofs to the contrary, and doubt its truth as to Asia, Africa, and
America. They are six or eight months at a time, here, without rain.
The most delicate figs known in Europe, are those growing about this
place, called figues Marcelloises, or les veritables Marcelloises, to
distinguish them from others of inferior quality growing here. These
keep any length of time. All others exude a sugar in the spring of the
year, and become sour. The only process for preserving them, is drying
them in the sun, without putting any thing to them whatever. They sell
at fifteen sous the pound, while there are others as cheap as five sous
the pound. I meet here a small dried grape from Smyrna without a seed.
There are few of the plants growing in this neighborhood. The best grape
for drying known here, is called des Panses. They are very large, with
a thick skin and much juice. They are best against a wall of southern
aspect, as their abundance of juice requires a great deal of sun to
dry it. Pretty good fig trees are about the size of the apricot tree,
and yield about twenty pounds of figs when dry, each. But the largest
will yield the value of a louis. They are sometimes fifteen inches in
diameter. It is said the Marseilles fig degenerates when transported
into any other part of the country. The leaves of the mulberry tree will
sell for about three livres, the purchaser gathering them. The caper is
a creeping plant. It is killed to the roots every winter. In the spring
it puts out branches, which creep to the distance of three feet from the
centre. The fruit forms on the stem, as that extends itself, and must be
gathered every day as it forms. This is the work of women. The pistache
grows in this neighborhood also, but not very good. They eat them in
their milky state. Monsieur de Bergasse has a wine cellar two hundred
and forty pieds long, in which are one hundred and twenty tons, of from
fifty to one hundred pieces each. These tons are twelve pieds diameter;
the staves four inches thick, the heading two and a half pouces thick.
The temperature of his cellar is of 9 1-2 of Reaumur. The best method
of packing wine, when bottled, is to lay the bottles on their side, and
cover them with sand. The 2nd of April, the young figs are formed; the
4th we have Windsor beans. They have had asparagus ever since the middle
of March. The 5th, I see strawberries and the Guelder rose in blossom.
To preserve the raisin, it is first dipped into ley and then dried in
the sun. The aloe grows in the open ground. I measured a mule, not the
largest, five feet and two inches high. Marseilles is in an amphitheatre,
at the mouth of the Vaune, surrounded by high mountains of naked rock,
distant two or three leagues. The country within that amphitheatre is
a mixture of small hills, vallies and plains. The latter are naturally
rich. The hills and vallies are forced into production. Looking from
the Château de Notre dame de la garde, it would seem as if there was
a Bastide for every arpent. The plain land sells for one hundred louis
the caterelle, which is less than an acre. The ground of the arsenal in
Marseilles, sold for from fifteen to forty louis the square verge, being
nearly the square yard English. In the fields open to the sea, they are
obliged to plant rows of canes, every here and there, to break the force
of the wind. Saw at the Château Borelli, pumps worked by the wind.
April 6. From _Marseilles_ to _Aubagne_. A valley on the Vaune, bordered
on each side by high mountains of massive rock, on which are only some
small pines. The interjacent valley is of small hills, vallies and
plains, reddish, gravelly, and originally poor, but fertilized by art,
and covered with corn, vines, olives, figs, almonds, mulberries, lucerne
and clover. The river is twelve or fifteen feet wide, one or two feet
deep and rapid.
From _Aubagne_ to _Cuges_, _Beausset_, _Toulon_. The road quitting
the Vaune and its wealthy valley, a little after Aubagne, enters those
mountains of rock, and is engaged with them about a dozen miles. Then
it passes six or eight miles through a country still very hilly and
stony, but laid up in terraces, covered with olives, vines and corn. It
then follows for two or three miles, a hollow between two of those high
mountains, which has been found or made by a small stream. The mountains
then, reclining a little from their perpendicular, and presenting a coat
of soil, reddish and tolerably good, have given place to the little
village of Olioules, in the gardens of which are oranges in the open
ground. It continues hilly till we enter the plain of Toulon. On different
parts of this road there are figs in the open fields. At Cuges, is a
plain of about three-fourths of a mile in diameter, surrounded by high
mountains of rock. In this, the caper is principally cultivated. The soil
is mulatto, gravelly, and of middling quality, or rather indifferent.
The plants are set in quincunx, about eight feet apart. They have been
covered during winter by a hill of earth a foot high. They are now
inclosing, pruning and ploughing them.
_Toulon._ From Olioules to Toulon, the figs are in the open fields. Some
of them have stems of fifteen inches diameter. They generally fork near
the ground, but sometimes have a single stem of five feet long. They
are as large as apricot trees. The olive trees of this day's journey
are about the size of large apple trees. The people are in separate
establishments. Toulon is in a valley at the mouth of the Goutier, a
little river of the size of the Vaune; surrounded by high mountains of
naked rock, leaving some space between them and the sea. This space is
hilly, reddish, gravelly, and of middling quality, in olives, vines,
corn, almonds, figs and capers. The capers are planted eight feet apart.
A bush yields, one year with another, two pounds, worth twelve sous the
pound. Every plant then, yields twenty-four sous, equal to one shilling
sterling. An acre containing six hundred and seventy-six plants, would
yield thirty-three pounds sixteen shillings sterling. The fruit is
gathered by women, who can gather about twelve pounds a day. They begin
to gather about the last of June, and end about the middle of October.
Each plant must be picked every day. These plants grow equally well in
the best or worst soil, or even in the walls where there is no soil.
They will last the life of a man or longer. The heat is so great at
Toulon in summer, as to occasion very great cracks in the earth. Where
the caper is in a soil that will admit it, they plough it. They have
peas here through the winter, sheltering them occasionally; and they
have had them ever since the 25th of March without shelter.
April 6. _Hieres._ This is a plain of two or three miles diameter, bounded
by the sea on one side, and mountains of rock on the other. The soil
is reddish, gravelly, tolerably good and well watered. It is in olives,
mulberries, vines, figs, corn, and some flax. There are also some cherry
trees. From Hieres to the sea, which is two or three miles, is a grove
of orange trees, olives, and mulberries. The largest orange tree is of
two feet diameter one way, and one foot the other, (for the section of
all the larger ones would be an oval, not a round,) and about twenty
feet high. Such a tree will yield about six thousand oranges a year.
The garden of M. Fille, has fifteen thousand six hundred orange trees.
Some years they yield forty thousand livres, some only ten thousand;
but generally about twenty-five thousand. The trees are from eight to
ten feet apart. They are blossoming and bearing all the year, flowers
and fruit in every stage, at the same time. But the best fruit is that
which is gathered in April and May. Hieres is a village of about five
thousand inhabitants, at the foot of a mountain which covers it from
the north, and from which extends a plain of two or three miles to the
sea shore. It has no port. Here are palm trees twenty or thirty feet
high, but they bear no fruit. There is also a botanical garden kept by
the King. Considerable salt ponds here. Hieres is six miles from the
public road. It is built on a narrow spur of the mountain. The streets
in every direction are steep, in steps of stairs, and about eight feet
wide. No carriage of any kind can enter it. The wealthiest inhabitants
use _chaises a porteurs_. But there are few wealthy, the bulk of the
inhabitants being laborers of the earth. At a league's distance in the
sea, is an island on which is the Château de Geans, belonging to the
Marquis de Pontoives; there is a cause-way leading to it. The cold of the
last November killed the leaves of a great number of the orange trees,
and some of the trees themselves.
From Hieres to _Cuers_, _Pignans_, _Luc_, is mostly a plain, with
mountains on each hand, at a mile or two distance. The soil is generally
reddish, and the latter part very red and good. The growth is, olives,
figs, vines, mulberries, corn, clover, and lucerne. The olive trees are
from three to four feet in diameter. There are hedges of pomegranates,
sweetbriar, and broom. A great deal of thyme growing wild. There are
some inclosures of stone; some sheep and goats.
April 9th. From Luc to _Vidauban_, _Muy_, _Frejus_, the road leads
through vallies, and crosses occasionally the mountains which separate
them. The vallies are tolerably good, always red and stony, gravelly or
gritty. Their produce as before. The mountains are barren.
_Lesterelle_, _Napoule_. Eighteen miles of ascent and descent, of a very
high mountain. Its growth, where capable of any, two-leaved pine, very
small, and some chene vert.
_Antibes_, _Nice_. From Napoule, the road is generally near the sea,
passing over little hills or strings of vallies, the soil stony, and
much below mediocrity in its quality. Here and there, is a good plain.
There is snow on the high mountains. The first frogs I have heard, are
of this day (the 9th.) At Antibes are oranges in the open ground, but
in small inclosures; palm trees also. From thence to the Var, are the
largest fig trees and olive trees I have seen. The fig trees are eighteen
inches in diameter, and six feet, stem; the olives, sometimes six feet
in diameter, and as large heads as the largest low ground apple trees.
This tree was but a shrub where I first fell in with it, and has become
larger and larger to this place. The people are mostly in villages. The
several provinces, and even cantons are distinguished by the form of the
women's hats, so that one may know of what canton a woman is, by her hat.
_Nice._ The pine bur is used here for kindling fires. The people are in
separate establishments. With respect to the orange, there seems to be no
climate on this side of the Alps, sufficiently mild in itself to preserve
it without shelter. At Olioules, they are between two high mountains;
at Hieres, covered on the north by a very high mountain; at Antibes and
Nice, covered by mountains, and also within small high enclosures. Quære.
To trace the true line from east to west, which forms the northern and
natural limit of that fruit? Saw an elder tree (sambucus) near Nice,
fifteen inches in diameter, and eight feet stem. The wine made in this
neighborhood is good, though not of the first quality. There are one
thousand mules, loaded with merchandise, which pass every week between
Nice and Turin, counting those coming as well as going.
April 13th. _Scarena._ _Sospello._ There are no orange trees after we
leave the environs of Nice. We lose the olive after rising a little
above the village of Scarena, on Mount Braus, and find it again on the
other side, a little before we get down to Sospello. But wherever there
is soil enough, it is terraced, and in corn. The waste parts are either
in two-leaved pine and thyme, or of absolutely naked rock. Sospello is
on a little torrent, called Bevera, which runs into the river Roia, at
the mouth of which is Ventimiglia. The olive trees on the mountain, are
now loaded with fruit; while some at Sospello are in blossom. Firewood
here and at Scarena, costs fifteen sous the quintal.
April 14th. _Ciandola._ _Tende._ In crossing Mount Brois, we lose the
olive tree after getting to a certain height, and find it again on the
other side at the village of Breglio. Here we come to the river Roia,
which, after receiving the branch on which is Sospello, leads to the
sea at Ventimiglia. The Roia is about twelve yards wide, and abounds
with speckled trout. Were a road made from Breglio, along the side of
the Roia, to Ventimiglia, it might turn the commerce of Turin to this
last place instead of Nice; because it would avoid the mountains of
Braus and Brois, leaving only that of Tende; that is to say, it would
avoid more than half the difficulties of the passage. Further on, we
come to the Château di Saorgio, where a scene is presented, the most
singular and picturesque I ever saw. The castle and village seem hanging
to a cloud in front. On the right, is a mountain cloven through, to
let pass a gurgling stream; on the left, a river, over which is thrown
a magnificent bridge. The whole forms a basin, the sides of which are
shagged with rocks, olive trees, vines, herds, &c. Near here, I saw a
tub wheel without a ream; the trunk descended from the top of the water
fall to the wheel, in a direct line, but with the usual inclination.
The produce along this passage, is most generally olives, except on
the heights as before observed; also corn, vines, mulberries, figs,
cherries, and walnuts. They have cows, goats, and sheep. In passing on
towards Tende, olives fail us ultimately at the village of Fontan, and
there the chesnut trees begin in good quantity. Ciandola consists of
only two houses, both taverns. Tende is a very inconsiderable village,
in which they have not yet the luxury of glass windows; nor in any of
the villages on this passage, have they yet the fashion of powdering the
hair. Common stone and limestone are so abundant, that the apartments
of every story are vaulted with stone, to save wood.
April 15th. _Limone._ _Coni._ I see abundance of limestone as far as the
earth is uncovered with snow; _i. e._ within half or three-quarters of
an hour's walk of the top. The snows descend much lower on the eastern
than the western side. Wherever there is soil, there is corn quite to
the commencement of the snows, and I suppose under them also. The waste
parts are in two-leaved pine, lavender and thyme. From the foot of the
mountain to Coni, the road follows a branch of the Po, the plains of which
begin narrow, and widen at length into a general plain country, bounded
on one side by the Alps. They are good, dark colored, sometimes tinged
with red, and in pasture, corn, mulberries, and some almonds. The hill
sides bordering these plains, are reddish, and where they admit of it,
are in corn, but this is seldom. They are mostly in chesnut, and often
absolutely barren. The whole of the plains are plentifully watered from
the river, as is much of the hill side. A great deal of golden willow
all along the rivers, on the whole of this passage through the Alps.
The southern parts of France, but still more the passage through the
Alps, enable one to form a scale of the tenderer plants, arranging them
according to their several powers of resisting cold. Ascending three
different mountains, Braus, Brois, and Tende, they disappear one after
another; and descending on the other side, they show themselves again one
after another. This is their order, from the tenderest to the hardiest.
Caper, orange, palm, aloe, olive, pomegranate, walnut, fig, almond. But
this must be understood of the plant; for as to the fruit, the order
is somewhat different. The caper, for example, is the tenderest plant,
yet being so easily protected, it is the most certain in its fruit. The
almond, the hardiest plant, loses its fruit the oftenest, on account of
its forwardness. The palm, hardier than the caper and the orange, never
produces perfect fruit in these parts. Coni is a considerable town, and
pretty well built. It is walled.
April 16th. _Centale._ _Savigliano._ _Racconigi._ _Poerino._ _Turin._
The Alps, as far as they are in view from north to south, show the
gradation of climate, by the line which terminates the snows lying on
them. This line begins at their foot northwardly, and rises, as they
pass on to the south, so as to be half way up their sides on the most
southern undulations of the mountain, now in view. From the mountains
to Turin, we see no tree tenderer than the walnut. Of these, as well
as of almonds and mulberries, there are a few; somewhat more of vines,
but most generally, willows and poplars. Corn is sowed with all these.
They mix with them also clover and small grass. The country is a general
plain; the soil dark, and sometimes, though rarely, reddish. It is rich,
and much infested with wild onions. At Racconigi, I see the tops and
shocks of maize, which prove it is cultivated here; but it can be in
small quantities only, because I observe very little ground, but what
has already something else in it. Here and there, are small patches
prepared, I suppose, for maize. They have a method of planting the vine,
which I have not seen before. At intervals of about eight feet, they
plant from two to six plants of vine in a cluster. At each cluster they
fix a forked staff, the plane of the prongs of the fork at a right angle
with the row of vines. Athwart these prongs they lash another staff,
like a handspike, about eight feet long, horizontally, seven or eight
feet from the ground. Of course, it crosses the rows at right angles.
The vines are brought from the foot of the fork up to this cross piece,
turned over it, and conducted along over the next, the next, and so
on, as far as they will extend, the whole forming an arbor eight feet
wide and high, and of the whole length of the row, little interrupted
by the stems of the vines, which being close around the fork, pass up
through hoops, so as to occupy a space only of smaller diameter. All the
buildings in this country are of brick, sometimes covered with plaster,
sometimes not. There is a very large and handsome bridge of seven arches,
over the torrent of Sangone. We cross the Po, in swinging batteaux. Two
are placed side by side, and kept together by a plank floor, common to
both, and lying on the gunwales. The carriage drives on this, without
taking out any of the horses. About one hundred and fifty yards up the
river, is a fixed stake, and a rope tied to it, the other end of which
is made fast to one side of the batteaux, so as to throw them oblique to
the current. The stream then acting on them, as on an inclined plane,
forces them cross the current in the portion of a circle of which the
rope is the radius. To support the rope in its whole length, there are
two intermediate canoes, about fifty yards apart, in the heads of which
are short masts. To the top of these, the rope is lashed, the canoes
being free otherwise to concur with the general vibration, in their
smaller arcs of circles. The Po is there, about fifty yards wide, and
about one hundred in the neighborhood of Turin.
April 17th, 18th. _Turin._ The first nightingale I have heard this year,
is to-day (18th.) There is a red wine of Nebiule made in the neighborhood,
which is very singular. It is about as sweet as the silky Madeira, as
astringent on the palate as Bourdeaux, and as brisk as Champagne. It
is a pleasing wine. At Moncaglieri, about six miles from Turin, on the
right side of the Po, begins a ridge of mountains, which, following the
Po by Turin, after some distance, spreads wide, and forms the duchy of
Montferrat. The soil is mostly red, and in vines, affording a wine called
Montferrat, which is thick and strong.
April 19th. _Settimo._ _Chivasco._ _Ciliano._ _S. Germano._ _Vercelli._
The country continues plain and rich, the soil black. The culture, corn,
pasture, maize, vines, mulberries, walnuts, some willow and poplar. The
maize bears a very small proportion to the small grain. The earth is
formed into ridges from three to four feet wide, and the maize sowed in
the broad cast on the higher parts of the ridge, so as to cover a third
or half of the whole surface. It is sowed late in May. This country is
plentifully and beautifully watered at present. Much of it is by torrents
which are dry in summer. These torrents make a great deal of waste ground,
covering it with sand and stones. These wastes are sometimes planted
in trees, sometimes quite unemployed. They make hedges of willows, by
setting the plants from one to three feet apart. When they are grown
to the height of eight or ten feet, they bend them down, and interlace
them one with another. I do not see any of these, however, which are
become old. Probably, therefore, they soon die. The women here smite on
the anvil, and work with the maul and spade. The people of this country
are ill dressed in comparison with those of France, and there are more
spots of uncultivated ground. The plough here is made with a single
handle, which is a beam twelve feet long, six inches in diameter below,
and tapered to about two inches at the upper end. They use goads for
the oxen, not whips. The first swallows I have seen, are to-day. There
is a wine called Gatina, made in the neighborhood of Vercelli, both red
and white. The latter resembles Calcavallo. There is also a red wine
of Salusola which is esteemed. It is very light. In the neighborhood of
Vercelli begin the rice fields. The water with which they are watered is
very dear. They do not permit rice to be sown within two miles of the
cities on account of the insalubrity. Notwithstanding this, when the
water is drawn off the fields in August, the whole country is subject
to agues and fevers. They estimate that the same measure of ground
yields three times as much rice as wheat, and with half the labor. They
are now sowing. As soon as sowed, they let on the water, two or three
inches deep. After six weeks, or two months, they draw it off to weed;
then let it on again, and it remains till August, when it is drawn off,
about three or four weeks before the grain is ripe. In September they
cut it. It is first threshed, then beaten in the mortar to separate the
husk, then by different siftings it is separated into three qualities.
Twelve rupes, equal to three hundred pounds of twelve ounces each, sell
for sixteen livres, money of Piedmont, where the livre is exactly the
shilling of England. Twelve rupes of maize sell for nine livres. The
machine for separating the husk is thus made. In the axis of a water
wheel are a number of arms inserted, which, as they revolve, catches
each the cog of a pestle, lifts it to a certain height, and lets it
fall again. These pestles are five and a quarter inches square, ten
feet long, and at their lower end formed into a truncated cone of three
inches diameter, where cut off. The conical part is covered with iron.
The pestles are ten and a half inches apart in the clear. They pass
through two horizontal beams, which string them, as it were, together,
and while the mortises in the beams are so loose, as to let the pestles
work vertically, it restrains them to that motion. There is a mortar of
wood, twelve or fifteen inches deep, under each pestle, covered with a
board, the hole of which is only large enough to let the pestle pass
freely. There are two arms in the axis for every pestle, so that the
pestle gives two strokes for every revolution of the wheel. Poggio, a
muleteer, who passes every week between Vercelli and Genoa, will smuggle
a sack of rough rice for me to Genoa; it being death to export it in that
form. They have good cattle, and in good number, mostly cream-colored;
and some middle-sized sheep. The streams furnish speckled trout.
April 20th. _Novara._ _Buffalora._ _Sedriano._ _Milan._ From Vercelli to
Novara the fields are all in rice, and now mostly under water. The dams
separating the several water-plats, or ponds, are set in willow. At Novara
there are some figs in the gardens, in situations well protected. From
Novara to the Ticino, it is mostly stony and waste, grown up in broom.
From Ticino to Milan, it is all in corn. Among the corn are willows,
principally a good many mulberries, some walnuts, and here and there
an almond. The country still a plain, the soil black and rich, except
between Novara and the Ticino, as before mentioned. There is very fine
pasture round Vercelli and Novara to the distance of two miles, within
which rice is not permitted. We cross the Sisto on the same kind of
vibrating or pendulum boat as on the Po. The river is eighty or ninety
yards wide; the rope fastened to an island two hundred yards above, and
supported by five intermediate canoes. It is about one and a half inches
in diameter. On these rivers they use a short oar of twelve feet long,
the flat end of which is hooped with iron, shooting out a prong at each
corner, so that it may be used occasionally as a setting pole. There is
snow on the Appenines, near Genoa. They have still another method here
of planting the vine. Along rows of trees, they lash poles from tree to
tree. Between the trees are set vines, which, passing over the pole,
are carried on to the pole of the next tree, whose vines are in like
manner brought to this, and twined together, thus forming the intervals
between the rows of trees alternately into arbors and open space. They
have another method also of making quick set hedges. Willows are planted
from one to two feet apart, and interlaced, so that every one is crossed
by three or four others.
April 21st, 22d. _Milan._ Figs and pomegranates grow here unsheltered,
as I am told. I saw none, and therefore suppose them rare. They had
formerly olives; but a great cold in 1709 killed them, and they have not
been replanted. Among a great many houses painted _al fresco_, the Casa
Roma and Casa Candiani, by Appiani, and Casa Belgioiosa, by Martin, are
superior. In the second is a small cabinet, the ceiling of which is in
small hexagons, within which are Cameos and heads painted alternately, no
two the same. The salon of the Casa Belgioiosa is superior to anything I
have ever seen. The mixture called Scaiola, of which they make their walls
and floors, is so like the finest marble as to be scarcely distinguishable
from it. The nights of the 20th and 21st instant the rice ponds froze
half an inch thick. Drouths of two or three months are not uncommon here
in summer. About five years ago, there was such a hail as to kill cats.
The Count del Verme tells me of a pendulum odometer for the wheel of a
carriage. Leases here are mostly for nine years. Wheat costs a louis
d'or the one hundred and forty pounds. A laboring man receives sixty
livres, and is fed and lodged. The trade of this country is principally
rice, raw silk, and cheese.
April 23d. _Casino_, five miles from Milan. I examined another
rice-beater of six pestles. They are eight feet nine inches long. Their
ends, instead of being a truncated cone, have nine teeth of iron, bound
closely together. Each tooth is a double pyramid, joined at the base.
When put together, they stand with the upper ends placed in contact,
so as to form them into one great cone, and the lower ends diverging.
The upper are socketed into the end of the pestle, and the lower, when
a little blunted by use, are not unlike the jaw teeth of the mammoth,
with their studs. They say here, that pestles armed with these teeth,
clean the rice faster, and break it less. The mortar, too, is of stone,
which is supposed as good as wood, and more durable. One half of these
pestles are always up. They rise about twenty-one inches, and each makes
thirty-eight strokes in a minute; one hundred pounds of rough rice is
put into the six mortars, and beaten somewhat less than a quarter of
an hour. It is then taken out, put into a sifter of four feet diameter,
suspended horizontally; sifted there; shifted into another of the same
size; sifted there; returned to the mortars; beaten little more than a
quarter of an hour; sifted again; and it is finished. The six pestles
will clear four thousand pounds in twenty-four hours. The pound here
is twenty-eight ounces; the ounce equal to that of Paris. The best rice
requires half an hour's boiling; a more indifferent kind, somewhat less.
To sow the rice, they first plough the ground, then level it with a
drag harrow, and let on the water; when the earth has become soft, they
smooth it with a shovel under the water, and then sow the rice in the
water.
_Rozzano._ Parmesan cheese. It is supposed this was formerly made at
Parma, and took its name thence, but none is made there now. It is made
through all the country extending from Milan for one hundred and fifty
miles. The most is made about Lodi. The making of butter being connected
with that of making cheese, both must be described together. There are,
in the stables I saw, eighty-five cows, fed on hay and grass, not on
grain. They are milked twice in twenty-four hours, ten cows yielding at
the two milkings a _brenta_ of milk, which is twenty-four of our gallons.
The night's milk is scummed in the morning at daybreak, when the cows are
milked again, and the new milk mixed with the old. In three hours, the
whole mass is scummed a second time, the milk remaining in a kettle for
cheese, and the cream being put into a cylindrical churn, shaped like
a grind-stone, eighteen inches radius, and fourteen inches thick. In
this churn, there are three staves pointing inwardly, endwise, to break
the current of the milk. Through its centre passes an iron axis, with
a handle at each end. It is turned about an hour and a half by two men
till the butter is produced. Then they pour off the buttermilk, and put
in some water which they agitate backwards and forwards about a minute,
and pour it off. They take out the butter, press it with their hands into
loaves, and stamp it. It has no other washing. Sixteen American gallons
of milk yield fifteen pounds of butter, which sell at twenty-four sous
the pound.
The milk, which, after being scummed as before, had been put into a
copper kettle, receives its due quantity of rennet, and is gently warmed,
if the season requires it. In about four hours it becomes a slip. Then
the whey begins to separate. A little of it is taken out. The curd is
then thoroughly broken by a machine like a chocolate mill. A quarter of
an ounce of saffron is put to seven brenta of milk, to give color to
the cheese. The kettle is then moved over the hearth, and heated by a
quick fire till the curd is hard enough, being broken into small lumps
by continued stirring. It is moved off the fire, most of the whey taken
out, the curd compressed into a globe by the hand, a linen cloth slipped
under it, and it is drawn out in that. A loose hoop is then laid on a
bench, and the curd, as wrapped in the linen, is put into the hoop; it
is a little pressed by the hand, the hoop drawn tight and made fast.
A board two inches thick is laid on it, and a stone on that of about
twenty pounds weight. In an hour, the whey is run off, and the cheese
finished. They sprinkle a little salt on it every other day in summer,
and every day in winter, for six weeks. Seven brentas of milk make a
cheese of fifty pounds, which requires six months to ripen, and is then
dried to forty-five pounds. It sells on the spot for eighty-eight livres
the one hundred pounds. There are now one hundred and fifty cheeses in
this dairy. They are nineteen inches diameter, and six inches thick.
They make a cheese a day in summer, and two in three days, or one in
two days, in winter.
The whey is put back into the kettle, the butter-milk poured into it,
and of this, they make a poor cheese for the country people. The whey
of this is given to the hogs. Eight men suffice to keep the cows and to
do all the business of this dairy. Mascarponi, a kind of curd, is made
by pouring some butter-milk into cream, which is thereby curdled, and
is then pressed into a linen cloth.
The ice-houses at Rozzano are dug about fifteen feet deep, and twenty
feet diameter, and poles are driven down all round. A conical thatched
roof is then put over them, fifteen feet high, and pieces of wood are
laid at the bottom, to keep the ice out of the water which drips from it,
and goes off by a sink. Straw is laid on this wood, and then the house
filled with ice, always putting straw between the ice and the walls, and
covering ultimately with straw. About a third is lost by melting. Snow
gives the most delicate flavor to creams; but ice is the most powerful
congealer, and lasts longest. A tuft of trees surrounds these ice-houses.
Round Milan, to the distance of five miles, are corn, pasture, gardens,
mulberries, willows, and vines. For in this State, rice ponds are not
permitted within five miles of the cities.
_Binasco._ _Pavia._ Near Cassino the rice ponds begin, and continue to
within five miles of Pavia, the whole ground being in rice, pasture, and
willows. The pasture is in the rice grounds which are resting. In the
neighborhood of Pavia, again, are corn, pasture, &c., as round Milan.
They gave me green peas at Pavia.
April 24th. _Voghera._ _Tortona._ _Novi._ From Pavia to Novi, corn,
pasture, vines, mulberries, willows; but no rice. The country continues
plain, except that the Appenines are approaching on the left. The soil,
always good, is dark till we approach Novi, and then red. We cross the
Po where it is three hundred yards wide, in a pendulum boat. The rope
is fastened on one side of the river, three hundred yards above, and
supported by eight intermediate canoes, with little masts in them to
give a greater elevation to the rope. We pass in eleven minutes. Women,
girls, and boys are working with the hoe, and breaking the clods with
mauls.
April 25th. _Voltaggio._ _Campo-Marone._ _Genoa._ At Novi, the Appenines
begin to rise. Their growth of timber is oak, tall, small and knotty, and
chesnut. We soon lose the walnut, ascending, and find it again, about
one-fourth of the way down, on the south side. About half way down,
we find figs and vines, which continue fine and in great abundance.
The Appenines are mostly covered with soil, and are in corn, pasture,
mulberries, and figs, in the parts before indicated. About half way
from their foot to Genoa, at Campo-Marone, we find again the olive tree.
Hence the produce becomes mixed, of all the kinds before mentioned. The
method of sowing the Indian corn at Campo-Marone, is as follows: With
a hoe shaped like the blade of a trowel, two feet long, and six inches
broad at its upper end; pointed below, and a little curved, they make
a trench. In that, they drop the grains six inches apart. Then two feet
from that, they make another trench, throwing the earth they take out of
that on the grain of the last one, with a singular slight and quickness;
and so through the whole piece. The last trench is filled with the earth
adjoining.
April 26th. _Genoa._ Strawberries at Genoa. Scaffold poles for the upper
parts of a wall, as for the third story, rest on the window sills of the
story below. Slate is used here for paving, for steps, for stairs, (the
rise as well as tread) and for fixed Venetian blinds. At the Palazzo
Marcello Durazzo, benches with straight legs, and bottoms of cane. At
the Palazzo del principe Lomellino, at Sestri, a phaeton with a canopy.
At the former, tables folding into one plane. At Nervi they have peas,
strawberries, &c., all the year round. The gardens of the Count Durazzo
at Nervi, exhibit as rich a mixture of the _utile dulci_, as I ever saw.
All the environs in Genoa, are in olives, figs, oranges, mulberries,
corn, and garden stuff. Aloes in many places, but they never flower.
April 28th. _Noli._ The Apennine and Alps appear to me, to be one and
the same continued ridge of mountains, separating everywhere the waters
of the Adriatic Gulf from those of the Mediterranean. Where it forms an
elbow, touching the Mediterranean, as a smaller circle touches a larger,
within which it is inscribed, in the manner of a tangent, the name
changes from Alps to Apennine. It is the beginning of the Apennine which
constitutes the State of Genoa, the mountains there generally falling
down in barren naked precipices into the sea. Wherever there is soil on
the lower parts, it is principally in olives and figs, in vines also,
mulberries, and corn. Where there are hollows well protected, there are
oranges. This is the case at Golfo de Laspeze, Sestri, Bugiasco, Nervi,
Genoa, Pegli, Savona, Finale, Oneglia, (where there are abundance,)
St. Remo, Ventimiglia, Mantone, and Monaco. Noli, into which I was
obliged to put, by a change of wind, is forty miles from Genoa. There
are twelve hundred inhabitants in the village, and many separate houses
round about. One of the precipices hanging over the sea is covered with
aloes. But neither here, nor anywhere else I have been, could I procure
satisfactory information that they ever flower. The current of testimony
is to the contrary. Noli furnishes many fishermen. Paths penetrate up
into the mountains in several directions, about three-fourths of a mile;
but these are practicable only for asses and mules. I saw no cattle nor
sheep in the settlement. The wine they make, is white and indifferent.
A curious cruet for oil and vinegar in one piece, I saw here. A bishop
resides here, whose revenue is two thousand livres, equal to sixty-six
guineas. I heard a nightingale here.
April 29th. _Albenga._ In walking along the shore from Louano to this
place, I saw no appearance of shells. The tops of the mountains are
covered with snow, while there are olive trees, &c. on the lower parts. I
do not remember to have seen assigned anywhere, the cause of the apparent
color of the sea. Its water is generally clear and colorless, if taken
up and viewed in a glass. That of the Mediterranean is remarkably so.
Yet in the mass, it assumes, _by reflection_, the color of the sky or
atmosphere, black, green, blue, according to the state of the weather.
If any person wished to retire from his acquaintance, to live absolutely
unknown, and yet in the midst of physical enjoyments, it should be in
some of the little villages of this coast, where air, water and earth
concur to offer what each has, most precious. Here are nightingales,
beccaficas, ortolans, pheasants, partridges, quails, a superb climate,
and the power of changing it from summer to winter at any moment, by
ascending the mountains. The earth furnishes wine, oil, figs, oranges,
and every production of the garden, in every season. The sea yields
lobsters, crabs, oysters, thunny, sardines, anchovies, &c. Ortolans sell
at this time, at thirty sous, equal to one shilling sterling, the dozen.
At this season, they must be fattened. Through the whole of my route from
Marseilles, I observe they plant a great deal of cane or reed, which
is convenient while growing, as a cover from the cold and boisterous
winds, and when cut, it serves for espaliers to vines, peas, &c. Through
Piedmont, Lombardy, the Milanese, and Genoese, the garden bean is a
great article of culture; almost as much so as corn. At Albenga, is a
rich plain opening from between two ridges of mountains, triangularly,
to the sea, and of several miles extent. Its growth is olives, figs,
mulberries, vines, corn, and beans. There is some pasture. A bishop
resides here, whose revenue is forty thousand livres. This place is said
to be rendered unhealthy in summer, by the river which passes through
the valley.
April 30th. _Oneglia._ The wind continuing contrary, I took mules
at Albenga for Oneglia. Along this tract are many of the tree called
carroubier, being a species of locust. It is the ceratonia siliqua of
Linnæus. Its pods furnish food for horses, and also for the poor, in time
of scarcity. It abounds in Naples and Spain. Oneglia and Port Maurice,
which are within a mile of each other, are considerable places, and in
a rich country. At St. Remo, are abundance of oranges and lemons, and
some palm trees.
May 1st. _Ventimiglia._ _Menton._ _Monaco._ _Nice._ At Bordighera,
between Ventimiglia and Menton, are extensive plantations of palms, on
the hill as well as in the plain. They bring fruit, but it does not
ripen. Something is made of the midrib, which is in great demand at
Rome, on the Palm Sunday, and which renders this tree profitable here.
From Menton to Monaco, there is more good land, and extensive groves
of oranges and lemons. Orange water sells here at forty sous, equal to
sixteen pence sterling, the American quart. The distances on this coast,
are, from Laspeze, at the eastern end of the territories of Genoa to
Genoa, fifty-five miles, geometrical; to Savona, thirty; Albenga, thirty;
Oneglia, twenty; Ventimiglia, twenty-five; Monaco, ten; Nice, ten; in
the whole, one hundred and eighty miles. A superb road might be made
along the margin of the sea from Laspeze, where the champaign country
of Italy opens, to Nice, where the Alps go off northwardly, and the
post roads of France begin; and it might even follow the margin of the
sea quite to Cette. By this road, travellers would enter Italy without
crossing the Alps, and all the little insulated villages of the Genoese
would communicate together, and in time form one continued village along
that road.
May 3d. _Luc._ _Brignolles._ _Tourves._ _Pourcieux._ _La Galiniere._ Long,
small mountains, very rocky, the soil reddish from bad to middling; in
olives, grapes, mulberries, vines and corn. Brignolles is in an extensive
plain, between two ridges of mountains, and along a water course which
continues to Tourves. Thence to Pourcieux we cross a mountain, low and
easy. The country is rocky and poor. To la Galiniere are waving grounds,
bounded by mountains of rock at a little distance. There are some
inclosures of dry wall from Luc to la Galiniere; also, sheep and hogs.
There is snow on the high mountains. I see no plums in the vicinities of
Brignolles; which makes me conjecture that the celebrated plum of that
name, is not derived from this place.
May 8. _Orgon._ _Avignon._ _Vaucluse._ Orgon is on the Durance. From
thence, its plain opens till it becomes common with that of the Rhone; so
that from Orgon to Avignon is entirely a plain of rich dark loam, which
is in willows, mulberries, vines, corn and pasture. A very few figs. I
see no olives in this plain. Probably the cold winds have too much power
here. From the Bac de Nova (where we cross the Durance) to Avignon, is
about nine American miles; and from the same Bac to Vaucluse, eleven
miles. In the valley of Vaucluse, and on the hills impending over it,
are olive trees. The stream issuing from the fountain of Vaucluse is
about twenty yards wide, four or five feet deep, and of such rapidity
that it could not be stemmed by a canoe. They are now mowing hay, and
gathering mulberry leaves. The high mountains just back of Vaucluse are
covered with snow. Fine trout in the stream of Vaucluse, and the valley
abounds peculiarly with nightingales. The vin blanc de M. de Rochequde
of Avignon, resembles dry Lisbon. He sells it at six years old for
twenty-two sous the bottle, the price of the bottle, &c., included.
_Avignon._ _Remoulins._ Some good plains, but generally hills, stony
and poor. In olives, mulberries, vines and corn. Where it is waste the
growth is, chene-vert, box, furze, thyme and rosemary.
May 10. _Nismes._ _Lunel._ Hills on the right, plains on the left. The
soil reddish, a little stony, and of middling quality. The produce,
olives, mulberries, vines, corn, St. foin. No wood and few inclosures.
Lunel is famous for its vin de muscat blanc, thence called Lunel, or vin
muscat de Lunel. It is made from the raisin muscat, without fermenting
the grain in the hopper. When fermented it makes a red muscat, taking the
tinge from the dissolution of the skin of the grape, which injures the
quality. When a red muscat is required, they prefer coloring it with a
little Alicant wine. But the white is best. The piece of two hundred and
forty bottles, after being properly drawn off from its lees, and ready
for bottling, costs from one hundred and twenty to two hundred livres,
the first quality and last vintage. It cannot be bought old, the demand
being sufficient to take it all the first year. They are not more than
from fifty to one hundred pieces a year, made of this first quality. A
_setterie_ yields about one piece, and my informer supposes there are
about two setteries in an arpent. Portage to Paris by land is fifteen
livres the quintal. The best _recoltes_ are these of M. Bouquet and M.
Tremoulet. The vines are in rows four feet apart, every way.
May 11. _Montpelier._ Snow on the Cevennes, still visible from here.
With respect to the muscat grape, of which the wine is made, there are
two kinds, the red and the white. The first has a red skin, but a white
juice. If it be fermented in the cuve, the coloring matter which resides
in the skin is imparted to the wine. If not fermented in the cuve, the
wine is white. Of the white grape, only a white wine can be made. The
species of St. foin cultivated here by the name of sparsette, is the
hedysarum onobryches. They cultivate a great deal of madder (garance)
rubia tinctorum here, which is said to be immensely profitable. Monsieur
de Gouan tells me that the pine, of which they use the burs for fuel,
is the pinus sativus, being two leaved. They use for an edging to the
borders of their gardens, the santolina, which they call garderobe. I
find the yellow clover here, in a garden; and the large pigeon succeeding
well, confined in a house.
May 12. _Frontignan._ Some tolerably good plains in olives, vines, corn,
St. foin, and lucerne. A great proportion of the hills are waste. There
are some inclosures of stone, and some sheep. The first four years of
madder are unproductive; the fifth and sixth yield the whole value of
the land. Then it must be renewed. The sparsette is the common or true
St. foin. It lasts about five years; in the best land it is cut twice,
in May and September, and yields three thousand pounds of dry hay to
the setterie, the first cutting, and five hundred pounds the second.
The setterie is of seventy-five _dextres en tout sens_, supposed about
two arpents. Lucerne is the best of all forage; it is sowed here in the
broadcast, and lasts about twelve or fourteen years. It is cut four
times a year, and yields six thousand pounds of dry hay at the four
cuttings, to the setterie. The territory in which the vin muscat de
Frontignan is made, is about a league of three thousand toises long,
and one-fourth of a league broad. The soil is reddish and stony, often
as much stone as soil. On the left, it is a plain, on the right, hills.
There are made about one thousand pieces (of two hundred and fifty bottles
each) annually, of which six hundred are of the first quality, made on
the _coteaux_. Of these, Madame Soubeinan makes two hundred, Monsieur
Reboulle, ninety. Monsieur Lambert, médicin de la faculté de Montpelier,
sixty, Monsieur Thomas, notaire, fifty, Monsieur Argilliers, fifty,
Monsieur Audibert, forty; equal to four hundred and ninety; and there
are some small proprietors who make small quantities. The first quality
is sold, _brut_, for one hundred and twenty livres the piece; but it is
then thick, and must have a winter and the _fouet_ to render it potable
and brilliant. The fouet is like a chocolate mill, the handle of iron,
the brush of stiff hair. In bottles, this wine costs twenty-four sous,
the bottles, &c., included. It is potable the April after it is made,
is best that year, and after ten years begins to have a pitchy taste,
resembling it to Malaga. It is not permitted to ferment more than half
a day, because it would not be so liquorish. The best color, and its
natural one, is the amber. By force of whipping, it is made white, but
loses favor. There are but two or three pieces a year of red muscat
made; there being but one vineyard of the red grape, which belongs to
a baker called Pascal. This sells in bottles at thirty sous, the bottle
included. Rondelle, negociant en vin, Porte St. Bernard, fauxbourg St.
Germains, Paris, buys three hundred pieces of the first quality every
year. The coteaux yield about half a piece to the setterie, the plains a
whole piece. The inferior quality is not at all esteemed. It is bought
by the merchants of Cette, as is also the wine of Bezieres, and sold
by them for Frontignan of the first quality. They sell thirty thousand
pieces a year under that name. The town of Frontignan marks its casks
with a hot iron: an individual of that place having two casks emptied,
was offered forty livres for the empty cask by a merchant of Cette. The
town of Frontignan contains about two thousand inhabitants; it is almost
on the level of the ocean. Transportation to Paris is fifteen livres the
quintal, and takes fifteen days. The price of packages is about eight
livres eight sous the one hundred bottles. A setterie of good vineyard
sells for from three hundred and fifty to five hundred livres, and rents
for fifty livres. A laboring man hires at one hundred and fifty livres
the year, and is fed and lodged; a woman at half as much. Wheat sells
at ten livres the settier, which weighs one hundred pounds, poids de
table. They make some Indian corn here, which is eaten by the poor. The
olives do not extend northward of this into the country, above twelve
or fifteen leagues. In general, the olive country in Languedoc is about
fifteen leagues broad. More of the waste lands between Frontignan and
Mirval are capable of culture; but it is a marshy country, very subject
to fever and ague, and generally unhealthy. Thence arises, as is said,
a want of hands.
_Cette._ There are in this town about ten thousand inhabitants. Its
principal commerce is wine; it furnishes great quantities of grape pomice
for making verdigrise. They have a very growing commerce; but it is kept
under by the privileges of Marseilles.
May 13. _Agde._ On the right of the Etang de Tau, are plains of some
width, then hills, in olives, vines, mulberry, corn and pasture. On the
left, a narrow sand bar separating the Etang from the sea, along which
it is proposed to make a road from Cette to Agde. In this case, the
post would lead from Montpelier, by Cette and Agde, to Bezieres, being
leveller, and an hour, or an hour and a half nearer. Agde contains six
or eight thousand inhabitants.
May 14. _Bezieres._ Rich plains in corn, St. foin and pasture; hills at a
little distance to the right, in olives; the soil both of hill and plain
is red, going from Agde to Bezieres. But at Bezieres the country becomes
hilly, and is in olives, St. foin, pasture, some vines and mulberries.
May 15. _Bezieres._ _Argilies._ _Le Saumal._ From Argilies to Saumal are
considerable plantations of vines. Those on the red hills to the right,
are said to produce good wine. No wood, no inclosures. There are sheep
and good cattle. The Pyrenees are covered with snow. I am told they are
so in certain parts all the year. The canal of Languedoc, along which I
now travel, is six toises wide at bottom, and ten toises at the surface
of the water, which is one toise deep. The barks which navigate it
are seventy and eighty feet long, and seventeen or eighteen feet wide.
They are drawn by one horse, and worked by two hands, one of which is
generally a woman. The locks are mostly kept by women, but the necessary
operations are much too laborious for them. The encroachments by the
men, on the offices proper for the women, is a great derangement in the
order of things. Men are shoemakers, tailors, upholsterers, stay-makers,
mantua-makers, cooks, housekeepers, house-cleaners, bed-makers, they
_coeffe_ the ladies, and bring them to bed: the women, therefore, to
live, are obliged to undertake the offices which they abandon. They
become porters, carters, reapers, sailors, lock-keepers, smiters on the
anvil, cultivators of the earth, &c. Can we wonder, if such of them as
have a little beauty, prefer easier courses to get their livelihood, as
long as that beauty lasts? Ladies who employ men in the offices which
should be reserved for their sex, are they not bawds in effect? For every
man whom they thus employ, some girl, whose place he has thus taken, is
driven to whoredom. The passage of the eight locks at Bezieres, that
is, from the opening of the first to the last gate, took one hour and
thirty-three minutes. The bark in which I go, is about thirty-five feet
long, drawn by one horse, and goes from two to three geographical miles
an hour. The canal yields abundance of carp and eel. I see also small
fish resembling our perch and chub. Some plants of white clover and
some of yellow, on the banks of the canal near Capestan; santolina also,
and a great deal of yellow iris. Met a raft of about three hundred and
fifty beams, forty feet long, and twelve or thirteen inches in diameter,
formed into fourteen rafts, tacked together. The extensive and numerous
fields of St. foin in general bloom, are beautiful.
May 16th. _Le Saumal._ _Marseillette._ May 17th. _Marseillette._
_Carcassonne._ From Saumal to Carcassonne, we have always the river Aube
close on our left. This river runs in the valley between the Cevennes
and Pyrenees, serving as the common receptacle for both their waters. It
is from fifty to one hundred and fifty yards wide, always rapid, rocky,
and insusceptible of navigation. The canal passes in the side of hills
made by that river, overlooks the river itself, and its plains, and has
its prospect ultimately terminated, on one side, by mountains of rock
overtopped by the Pyrenees, on the other, by small mountains, sometimes of
rock, sometimes of soil, overtopped by the Cevennes. Marseillette is on
a ridge, which separates the river Aube from the Etang de Marseillette.
The canal, in its approach to this village, passes the ridge, and rides
along the front, overlooking the Etang, and the plains on its border;
and having passed the village, re-crosses the ridge, and resumes its
general ground in front of the Aube. The land is in corn, St. foin,
pasture, vines, mulberries, willows, and olives.
May 18th. _Carcassonne._ _Castelnaudari._ Opposite to Carcassonne, the
canal receives the river Fresquel, about thirty yards wide, which is
its substantial supply of water from hence to Bezieres. From Bezieres
to Agde, the river Orb furnishes it, and the Eraut, from Agde to the
Etang de Thau. By means of _ecluse ronde_ at Agde, the waters of the
Eraut can be thrown towards Bezieres, to aid those of the Orb, as far as
the ecluse de Porcaraigne, nine geometrical miles. Where the Fresquel
enters the canal, there is, on the opposite side, a waste, to let off
the superfluous waters. The horseway is continued over this waste, by
a bridge of stone of eighteen arches. I observe them fishing in the
canal, with a skimming net of about fifteen feet diameter, with which
they tell me they catch carp. Flax in blossom. Neither strawberries
nor peas yet at Carcassonne. The Windsor bean just come to table. From
the ecluse de la Lande we see the last olive trees near a metairée, or
farm house, called la Lande. On a review of what I have seen and heard
of this tree, the following seem to be its northern limits. Beginning
on the Atlantic, at the Pyrenees, and along them to the meridian of
la Lande, or of Carcassonne; up that meridian to the Cevennes, as they
begin just there to raise themselves high enough to afford it shelter.
Along the Cevennes, to the parallel of forty-five degrees of latitude,
and along that parallel (crossing the Rhone near the mouth of the Isere)
to the Alps; thence along the Alps and Apennines, to what parallel of
latitude I know not. Yet here the tracing of the line becomes the most
interesting. For from the Atlantic, so far, we see this production the
effect of shelter and latitude combined. But where does it venture to
launch forth unprotected by shelter, and by the mere force of latitude
alone? Where for instance does its northern limits cross the Adriatic?
I learn that the olive tree resists cold to eight degrees of Reaumur
below the freezing point, which corresponds to fourteen above zero of
Farenheit; and that the orange resists to four degrees below freezing
of Reaumur, which is twenty-three degrees above zero of Farenheit.
May 19th. _Castelnaudari._ _St. Feriol._ _Escamaze._ _Lampy._ Some sheep
and cattle; no inclosures. St. Feriol, Escamaze, and Lampy are in the
_montagnes noires_. The country almost entirely waste. Some of it in
shrubbery. The _voute_ d'Escamaze is of one hundred and thirty-five
yards. Round about Castelnaudari, the country is hilly, as it has been
constantly from Bezieres; it is very rich. Where it is plain, or nearly
plain, the soil is black; in general, however, it is hilly and reddish,
and in corn. They cultivate a great deal of Indian corn here, which they
call millet; it is planted but not yet up.
May 20th. _Castelnaudari._ _Naurouze._ _Villefranche._ _Baziege._ At
Naurouze, is the highest ground which the canal had to pass, between the
two seas. It became necessary then to find water still higher to bring
it here. The river Fresquel heading by its two principal branches in
the montagnes noires, a considerable distance off to the eastward, the
springs of the most western one were brought together, and conducted
to Naurouze, where its waters are divided, part furnishing the canal
towards the ocean, the rest towards the Mediterranean, as far as the
ecluse de Fresquel, where, as has been before noted, the Lampy branch,
and the Alzau, under the name of the Fresquel, enter.
May 20th. They have found that a lock of six pieds is best; however,
eight pieds is well enough. Beyond this, it is bad. Monsieur Pin tells
me of a lock of thirty pieds, made in Sweden, of which it is impossible
to open the gates. They therefore divided it into four locks. The small
gates of the locks of this canal, have six square pieds of surface. They
tried the machinery of the jack for opening them. They were more easily
opened, but very subject to be deranged, however strongly made. They
returned therefore to the original wooden screw, which is excessively
slow and laborious. I calculate that five minutes are lost at every
basin by this screw, which, on the whole number of basis, is one eighth
of the time necessary to navigate the canal; and of course, if a method
of lifting the gate at one stroke could be found, it would reduce the
passage from eight to seven days, and the freight equally. I suggested
to Monsieur Pin and others, a quadrantal gate, turning on a pivot, and
lifted by a lever like a pump handle, aided by a windlass and cord, if
necessary. He will try it, and inform me of the success. The price of
transportation from Cette to Bourdeaux, through the canal and Garonne is
---- the quintal; round by the straits of Gibraltar is ----. Two hundred
and forty barks, the largest of twenty-two hundred quintals (or say, in
general, of one hundred tons) suffice to perform the business of this
canal, which is stationary, having neither increased nor diminished for
many years. When pressed, they can pass and repass between Toulouse and
Bezieres in fourteen days; but sixteen is the common period. The canal
is navigated ten and a half months of the year; the other month and a
half being necessary to lay it dry, cleanse it and repair the works.
This is done in July and August, when there would, perhaps, be a want
of water.
May 21st. _Baziege._ _Toulouse._ The country continues hilly, but very
rich. It is in mulberries, willows, some vines, corn, maize, pasture,
beans, flax. A great number of chateaux and good houses, in the
neighborhood of the canal. The people partly in farm houses, partly in
villages. I suspect the farm houses are occupied by the farmers, while
the laborers (who are mostly by the day) reside in the villages. Neither
strawberries nor peas yet at Baziege or Toulouse. Near the latter, are
some fields of yellow clover.
At Toulouse the canal ends. It has four communications with the
Mediterranean. 1. Through the ponds of Thau, Frontignan, Palavas,
Maguelone, and Manjo, the canal de la Radela Aiguesmortes, le canal des
Salines de Pecair, and the arm of the Rhone called Bras de fer, which
ends at Fourgues, opposite to Arles, and thence down the Rhone. 2. At
Cette, by a canal of a few hundred toises, leading out of the Etang de
Thau into the sea. The vessels pass the Etang, through a length of nine
thousand toises, with sails. 3. At Agde, by the river Eraut, twenty-five
hundred toises. It has but five or six pieds of water at its mouth. It
is joined to the canal at the upper part of this communication, by a
branch of a canal two hundred and seventy toises long. 4. At Narbonne, by
a canal they are now opening, which leads from the great canal near the
aqueduct of the river Cesse, twenty-six hundred toises, into the Aude.
This new canal will have five lock-basins of about twelve pieds fall,
each. Then you are to cross the Aude very obliquely, and descend a branch
of it six thousand toises, through four lock-basins to Narbonne, and
from Narbonne down the same branch, twelve hundred toises into the Etang
de Sigen, across that Etang four thousand toises, issuing at an inlet,
called Grau de la nouvelle, into the Gulph of Lyons. But only vessels of
thirty or forty tons can enter this inlet. Of these four communications,
that of Cette only, leads to a deep sea-port, because the exit is there
by a canal, and not a river. Those by the Rhone, Eraut, and Aude, are
blocked up by bars at the mouths of those rivers. It is remarkable, that
all the rivers running into the Mediterranean, are obstructed at their
entrance by bars and shallows, which often change their position. This
is the case with the Nile, Tyber, the Po, the Lez, le Lyoron, the Orbe,
the Gly, the Tech, the Tet, &c. Indeed, the formation of these bars seems
not confined to the mouths of the rivers, though it takes place at them,
more certainly. Along almost the whole of the coast, from Marseilles
towards the Pyrenees, banks of sand are thrown up, parallel with the
coast, which have insulated portions of the sea, that is, formed them
into etangs, ponds, or sounds, through which here and there, narrow and
shallow inlets only, are preserved by the currents of the rivers. These
sounds fill up in time, with the mud and sand deposited in them by the
rivers. Thus the Etang de Vendres, navigated formerly by vessels of sixty
tons, is now nearly filled up by the mud and sand of the Aude. The Vistre
and Vidourle which formerly emptied themselves into the Gulf of Lyons,
are now received by the Etangs de Manjo and Aiguesmortes, that is to say,
the part of the Gulf of Lyons which formerly received, and still receives
those rivers, is now cut off from the sea by a bar of sand, which has
been thrown up in it, and has formed it into sounds. Other proofs that
the land gains there on the sea, are, that the towns of St. Gilles and
Notre dame d'asposts, formerly sea ports, are now far from the sea, and
that Aiguesmortes, where are still to be seen the iron rings to which
vessels were formerly moored, and where St. Louis embarked for Palestine,
has now in its vicinities, only ponds which cannot be navigated, and
communicates with the sea by an inlet, called Grau du roy, through which
only fishing barks can pass. It is pretty well established, that all the
Delta of Egypt has been formed by the depositions of the Nile, and the
alluvions of the sea, and it is probable that that operation is still
going on. Has this peculiarity of the Mediterranean any connection with
the scantiness of its tides, which even at the equinoxes, are of two or
three feet only?
The communication from the western end of the canal to the ocean is by
the river Garonne. This is navigated by flat boats of eight hundred
quintals, when the water is well; but when it is scanty, these boats
carry only two hundred quintals till they get to the mouth of the Tarn.
It has been proposed to open a canal that far, from Toulouse, along the
right side of the river.
May 22d. _Toulouse._ 23d. _Agen._ 24th. _Castres._ _Bourdeaux._ The
Garonne and rivers emptying into it, make extensive and rich plains, which
are in mulberries, willows, corn, maize, pasture, beans and flax. The
hills are in corn, maize, beans, and a considerable proportion of vines.
There seems to be as much maize as corn in this country. Of the latter,
there is more rye than wheat. The maize is now up, and about three inches
high. It is sowed in rows two feet, or two and a half feet apart, and
is pretty thick in the row. Doubtless they mean to thin it. There is a
great deal of forage they call farouche. It is a species of red trefoil,
with few leaves, a very coarse stalk, and a cylindrical blossom of two
inches in length, and three quarters of an inch in diameter, consisting
of floscules, exactly as does that of the red clover. It seems to be a
coarse food, but very plentiful. They say it is for their oxen. These
are very fine, large, and cream-colored. The services of the farm, and
of transportation, are performed chiefly by them. There are a few horses
and asses, but no mules. Even in the city of Bourdeaux, we see scarcely
any beasts of draught but oxen. When we cross the Garonne at Langon,
we find the plains entirely of sand and gravel, and they continue so to
Bourdeaux. Where they are capable of anything, they are in vines, which
are in rows, four, five, or six feet apart, and sometimes more. Near
Langon is Sauterne, where the best white wines of Bourdeaux are made. The
waste lands are in fern, furze, shrubbery, and dwarf trees. The farmers
live on their farms. At Agen, Castres, Bourdeaux, strawberries and peas
are now brought to table, so that the country on the canal of Languedoc
seems to have later seasons than that east and west of it. What can be
the cause? To the eastward, the protection of the Cevennes makes the
warm season advance sooner. Does the neighborhood of the Mediterranean
co-operate? And does that of the ocean mollify and advance the season
to the westward? There are ortolans at Agen, but none at Bourdeaux. The
buildings on the canal and the Garonne are mostly of brick, the size
of the bricks the same with that of the ancient Roman brick, as seen in
the remains of their buildings in this country. In those of a circus at
Bourdeaux, considerable portions of which are standing, I measured the
bricks, and found them nineteen or twenty inches long, eleven or twelve
inches wide, and from one and a half to two inches thick; their texture
as fine, compact, and solid as that of porcelain. The bricks now made,
though of the same dimensions, are not so fine. They are burnt in a
kind of furnace, and make excellent work. The elm tree shows itself at
Bourdeaux, peculiarly proper for being spread flat for arbors. Many are
done in, this way on the quay des Charterons. Strawberries, peas, and
cherries at Bourdeaux.
May 24th, 25th, 26th, 27th, 28th. _Bourdeaux._ The cantons in which the
most celebrated wines of Bourdeaux are made, are Medoc down the river,
Grave adjoining the city, and the parishes next above; all on the same
side of the river. In the first is made red wine principally, in the
two last, white. In Medoc, they plant the vines in cross rows of three
and a half pieds. They keep them so low, that poles extended along the
rows one way, horizontally, about fifteen or eighteen inches above the
ground, serve to tie the vines to, and leave the cross row open to the
plough. In Grave, they set the plants in quincunx, _i. e._ in equilateral
triangles of three and a half pieds every side; and they stick a pole
of six or eight feet high to every vine, separately. The vine stock is
sometimes three or four feet high. They find these two methods equal in
culture, duration, quantity and quality. The former, however, admits the
alternative of tending by hand or with the plough. The grafting of the
vine, though a critical operation, is practised with success. When the
graft has taken, they bend it into the earth, and let it take root above
the scar. They begin to yield an indifferent wine at three years old,
but not a good one till twenty-five years, nor after eighty, when they
begin to yield less, and worse, and must be renewed. They give three or
four workings in the year, each worth seventy, or seventy-five livres
the _journal_, which is of eight hundred and forty square toises, and
contains about three thousand plants. They dung a little in Medoc and
Grave, because of the poverty of the soil; but very little, as more would
effect the wine. The journal yields, _communibus annis_, about three
pieces (of two hundred and forty or two hundred and fifty bottles each).
The vineyards of first quality are all worked by their proprietors.
Those of the second rent for three hundred livres the journal, those
of the third at two hundred livres. They employ a kind of overseer at
four or five hundred livres the year, finding him lodging and drink;
but he feeds himself. He superintends and directs, though he is expected
to work but little. If the proprietor has a garden, the overseer tends
that. They never hire laborers by the year. The day wages for a man are
thirty sous, a woman's fifteen sous, feeding themselves. The women make
the bundles of sarment, weed, pull off the snails, tie the vines, and
gather the grapes. During the vintage, they are paid high and fed well.
Of red wines, there are four vineyards of the first quality, viz., 1.
Château Margau, belonging to the Marquis d'Agincourt, who makes about
one hundred and fifty tons, of one thousand bottles each. He has engaged
to Jernon, a merchant. 2. La Tour de Segur, en Saint Lambert, belonging
to Monsieur Miresmenil, who makes one hundred and twenty-five tons.
3. Hautbrion, belonging two thirds to M. le Comte de Femelle, who has
engaged to Barton, a merchant; the other third to the Comte de Toulouse,
at Toulouse. The whole is seventy-five tons. 4. Château de la Fite,
belonging to the President Pichard, at Bourdeaux, who makes one hundred
and seventy-five tons. The wines of the three first are not in perfection
till four years old; those of De la Fite, being somewhat lighter, are
good at three years, that is, the crop of 1786 is good in the spring of
1789. These growths of the year 1783 sell now at two thousand livres the
ton; those of 1784, on account of the superior quality of that vintage,
sell at twenty-four hundred livres; those of 1785, at eighteen hundred
livres; those of 1786, at eighteen hundred livres, though they had sold at
first for only fifteen hundred livres. Red wines of the second quality,
are Rozan, Dabbadie or Lionville, la Rose, Quirouen, Durfort; in all
eight hundred tons, which sell at one thousand livres, new. The third
class are, Calons, Mouton, Gassie, Arboete, Pontette, de Ferme, Candale;
in all two thousand tons, at eight or nine hundred livres. After these,
they are reckoned common wines, and sell from five hundred livres down
to one hundred and twenty livres the ton. All red wines decline after
a certain age, losing color, flavor and body. Those of Bourdeaux begin
to decline at about seven years old.
Of white wines, those made in the canton of Grave are most esteemed at
Bourdeaux. The best crops are, 1. Pontac, which formerly belonged to M.
de Pontac, but now to M. de Lamont. He makes forty tons, which sell at
four hundred livres, new. 2. St. Brise, belonging to M. de Pontac; thirty
tons, at three hundred and fifty livres. 3. De Carbonius, belonging to the
Benedictine monks, who make fifty tons, and never selling till three or
four years old, get eight hundred livres the ton. Those made in the three
parishes next above Grave, and more esteemed at Paris, are, 1. Sauterne.
The best crop belonging to M. Diquem at Bourdeaux, or to M. de Salus,
his son-in-law; one hundred and fifty tons, at three hundred livres,
new, and six hundred livres, old. The next best crop is M. de Filotte's;
one hundred tons, sold at the same price. 2. Prignac. The best is the
President du Roy's, at Bourdeaux. He makes one hundred and seventy-five
tons, which sell at three hundred livres, new, and six hundred livres,
old. Those of 1784, for their extraordinary quality, sell at eight hundred
livres. 3. Barsac. The best belongs to the President Pichard, who makes
one hundred and fifty tons, at two hundred and eighty livres, new, and
six hundred livres, old. Sauterne is the pleasantest; next Prignac, and
lastly Barsac; but Barsac is the strongest; next Prignac, and lastly
Sauterne; and all stronger than Grave. There are other good crops made
in the same parishes of Sauterne, Prignac, and Barsac; but none as good
as these. There is a virgin wine, which, though made of a red grape,
is of a light rose color, because, being made without pressure, the
coloring matter of the skin does not mix with the juice. There are other
white wines, from the preceding prices down to seventy-five livres. In
general, the white wines keep longest. They will be in perfection till
fifteen or twenty years of age. The best vintage now to be bought, is
of 1784; both of red and white. There has been no other good year since
1779.
The celebrated vineyards before mentioned are plains, as is generally
the canton of Medoc, and that of the Grave. The soil of Hautbrion,
particularly, which I examined, is a sand, in which is near as much round
gravel or small stone, and very little loam; and this is the general soil
of Medoc. That of Pontac, which I examined also, is a little different.
It is clayey, with a fourth or fifth of fine rotten stone; and at two
feet depth it becomes all a rotten stone. M. de Lamont tells me he has a
kind of grape without seeds, which I did not formerly suppose to exist;
but I saw at Marseilles dried raisins from Smyrna without seeds. I saw
in his farm at Pontac some plants of white clover, and a good deal of
yellow; also some small peach trees in the open ground. The principal
English wine merchants at Bourdeaux are, Jemon, Barton, Johnston, Foster,
Skinner, Copinger and M'Cartey; the chief French wine merchants are,
Feger, Nerac, Bruneau, Jauge, and du Verget. Desgrands, a wine broker,
tells me they never mix the wines of first quality; but that they mix
the inferior ones to improve them. The smallest wines make the best
brandy. They yield about a fifth or sixth.
May 28th, 29th. From Bordeaux to Blaye, the country near the river
is hilly, chiefly in vines, some corn, some pasture; further out, are
plains, boggy and waste. The soil, in both cases, clay and grit. Some
sheep on the waste. To Etauliere, we have sometimes boggy plains,
sometimes waving grounds and sandy, always poor, generally waste, in
fern and furze, with some corn however, interspersed. To Mirambeau and
St. Genis, it is hilly, poor, and mostly waste. There are some corn and
maize however, and better trees than usual. Towards Pons, it becomes a
little red, mostly rotten stone. There are vines, corn, and maize, which
is up. At Pons we approach the Clarenton; the country becomes better,
a blackish mould mixed with a rotten chalky stone; a great many vines,
corn, maize, and farouche. From Lajart to Saintes and Rochefort, the
soil is reddish, its foundation a chalky rock, at about a foot depth;
in vines, corn, maize, clover, lucerne, and pasture. There are more and
better trees than I have seen in all my journey; a great many apple and
cherry trees; fine cattle and many sheep. May 30th. From Rochefort to le
Rochex, it is sometimes hilly and red, with a chalky foundation, middling
good; in corn, pasture, and some waste; sometimes it is reclaimed marsh,
in clover and corn, except the parts accessible to the tide, which are
in wild grass. About Rochelle, it is a low plain. Towards Usseau, and
half way to Marans, level highlands, red, mixed with an equal quantity
of broken chalk; mostly in vines, some corn and pasture; then to Marans
and half way to St. Hermines, it is reclaimed marsh, dark, tolerably
good, and all in pasture; there we rise to plains a little higher, red,
with a chalky foundation, boundless to the eye, and altogether in corn
and maize. May 31st. At St. Hermines, the country becomes very hilly, a
red clay mixed with chalky stone, generally waste, in furze and broom,
with some patches of corn and maize; and so it continues to Chantenay,
and St. Fulgent. Through the whole of this road from Bourdeaux, are
frequent hedge rows, and small patches of forest wood, not good, yet
better than I had seen in the preceding part of my journey. Towards
Montaigu, the soil mends a little; the cultivated parts in corn and
pasture, the uncultivated in broom. It is in very small inclosures of
ditch and quickset. On approaching the Loire to Nantes, the country
is leveller; the soil from Rochelle to this place, may be said to have
been sometimes red, but oftener grey, and always on a chalky foundation.
The last census, of about 1770, made one hundred and twenty thousand
inhabitants at Nantes. They conjecture there are now one hundred and
fifty thousand, which equals it to Bourdeaux. June 1st, 2d. The country
from Nantes to L'Orient is very hilly and poor, the soil grey; nearly
half is waste, in furze and broom, among which is some poor grass. The
cultivated parts are in corn, some maize, a good many apple trees; no
vines. All is in small inclosures of quick hedge and ditch. There are
patches and hedge-rows of forest wood, not quite deserving the name of
timber. The people are mostly in villages; they eat rye bread, and are
ragged. The villages announce a general poverty, as does every other
appearance. Women smite on the anvil, and work with the hoe, and cows
are yoked to labor. There are great numbers of cattle, insomuch that
butter is their staple. Neither asses nor mules; yet it is said that
the fine mules I have met with on my journey, are raised in Poictou.
There are but few chateaux here. I observe mill ponds, and hoes with
long handles. Have they not, in common with us, derived these from
England, of which Bretagne is probably a colony? L'Orient is supposed
to contain twenty-five thousand inhabitants. They tell me here, that to
make a reasonable profit on potash and pearl ash, as bought in America,
the former should sell at thirty livres, the latter thirty-six livres
the quintal. Of turpentine they make no use in their vessels. Bayonne
furnishes pitch enough; but tar is in demand, and ours sells well. The
tower of L'Orient is sixty-five pieds above the level of the sea, one
hundred and twenty pieds high, twenty-five pieds in diameter; the stairs
four feet radius, and cost thirty-thousand livres, besides the materials
of the old tower.
June 3d, 4th, 5th. The country and productions from L'Orient to Rennes,
and from Rennes to Nantes, are precisely similar to those from Nantes to
L'Orient. About Rennes, it is somewhat leveller, perhaps less poor, and
almost entirely in pasture. The soil always grey. Some small separate
houses which seem to be the residence of laborers, or very small farmers;
the walls frequently of mud, and the roofs generally covered with slate.
Great plantations of walnut, and frequently of pine. Some apple trees
and sweet briar still in bloom, and broom generally so. I have heard no
nightingale since the last day of May. There are gates in this country
made in such a manner, that the top rail of the gate overshoots backwards
the hind post, so as to counterpoise the gate, and prevent its swagging.
_Nantes._ Vessels of eight feet draught only, can come to Nantes. Those
which are larger, lie at Point Boeuf, ten leagues below Nantes, and five
leagues above the mouth of the river. There is a continued navigation
from Nantes to Paris, through the Loire, the canal de Briare and the
Seine. Carolina rice is preferred to that of Lombardy for the Guinea
trade, because it requires less water to boil it.
June 6th, 7th, 8th. _Nantes._ _Ancenis._ _Angers._ _Tours._ Ascending
the Loire from Nantes, the road, as far as Angers, leads over the hills,
which are grey, oftener below than above mediocrity, and in corn, pasture,
vines, some maize, flax, and hemp. There are no waste lands. About the
limits of Bretagne and Anjou, which are between Loriottiere and St.
George, the lands change for the better. Here and there, we get views
of the plains on the Loire, of some extent, and good appearance, in corn
and pasture. After passing Angers, the road is raised out of the reach of
inundations, so as at the same time, to ward them off from the interior
plains. It passes generally along the river side; but sometimes leads
through the plains, which, after we pass Angers, become extensive and
good, in corn, pasture, some maize, hemp, flax, peas, and beans; many
willows, also poplars and walnuts. The flax is near ripe. Sweet briar in
general bloom. Some broom here still, on which the cattle and sheep browse
in winter and spring, when they have no other green food; and the hogs
eat the blossoms and pods, in spring and summer. This blossom, though
disagreeable when smelt in a small quantity, is of delicious fragrance
when there is a whole field of it. There are some considerable vineyards
in the river plains, just before we reach Les trois volées, (which is at
the one hundred and thirty-sixth mile stone) and after that, where the
hills on the left come into view, they are mostly in vines. Their soil
is clayey and stony, a little reddish, and of southern aspect. The hills
on the other side of the river, looking to the north, are not in vines.
There is very good wine made on these hills; not equal indeed to the
Bourdeaux of best quality, but to that of good quality, and like it. It
is a great article of exportation from Anjou and Touraine, and probably
is sold abroad, under the name of Bourdeaux. They are now mowing the
first crop of hay. All along both hills of the Loire, is a mass of white
stone, not durable, growing black with time, and so soft, that the people
cut their houses out of the solid, with all the partitions, chimnies,
doors, &c. The hill sides resemble cony burrows, full of inhabitants.
The borders of the Loire, are almost a continued village. There are many
chateaux; many cattle, sheep, and horses; some asses.
Tours is at the one hundred and nineteenth mile stone. Being desirous
of inquiring here into a fact stated by Voltaire, in his Questions
Encyclopediques, article Coquilles, relative to the growth of shells
unconnected with animal bodies, at the Château of Monsieur de la
Sauvagiere, near Tours, I called on Monsieur Gentil, premier secretaire
de l'Intendance, to whom the Intendant had written on my behalf, at
the request of the Marquis de Chastellux. I stated to him the fact as
advanced by Voltaire, and found he was, of all men, the best to whom I
could have addressed myself. He told me he had been in correspondence
with Voltaire on that very subject, and was perfectly acquainted with
Monsieur de la Sauvagiere, and the Faluniere where the fact is said to
have taken place. It is at the Château de Grillemont, six leagues from
Tours, on the road to Bourdeaux, belonging now to Monsieur d'Orcai. He
says, that de la Sauvagiere was a man of truth, and might be relied on
for whatever facts he stated as of his own observations; but that he was
overcharged with imagination, which, in matters of opinion and theory,
often led him beyond his facts; that this feature in his character had
appeared principally in what he wrote on the antiquities of Touraine;
but that, as to the fact in question, he believed him. That he himself,
indeed, had not watched the same identical shells, as Sauvagiere had
done, growing from small to great; but that he had often seen such
masses of those shells of all sizes, from a point to a full size, as
to carry conviction to his mind that they were in the act of growing;
that he had once made a collection of shells for the Emperor's cabinet,
reserving duplicates of them for himself; and that these afforded proofs
of the same fact; that he afterwards gave those duplicates to a Monsieur
du Verget, a physician of Tours, of great science and candor, who was
collecting on a larger scale, and who was perfectly in sentiment with
Monsieur de la Sauvagiere, that not only the Faluniere, but many other
places about Tours, would convince any unbiassed observer, that shells
are a fruit of the earth, spontaneously produced; and he gave me a copy
of de la Sauvagiere's Recueil de Dissertations, presented by the author
wherein is one Sur la vegetation spontanée des coquilles du Château des
Places. So far, I repeat from him. What are we to conclude? That we have
not materials enough yet, to form any conclusion. The fact stated by
Sauvagiere is not against any law of nature, and is therefore possible;
but it is so little analogous to her habitual processes, that, if true,
it would be extraordinary; that to command our belief, therefore, there
should be such a suite of observations, as that their untruth would
be more extraordinary than the existence of the fact they affirm. The
bark of trees, the skin of fruits and animals, the feathers of birds,
receive their growth and nutriment from the internal circulation of a
juice through the vessels of the individual they cover. We conclude from
analogy, then, that the shells of the testaceous tribe, receive also
their growth from a like internal circulation. If it be urged, that this
does not exclude the possibility of a like shell being produced by the
passage of a fluid through the pores of the circumjacent body, whether
of earth, stone, or water; I answer, that it is not within the usual
economy of nature, to use two processes for one species of production.
While I withhold my assent, however, from this hypothesis, I must deny
it to every other I have ever seen, by which their authors pretend to
account for the origin of shells in high places. Some of these are against
the laws of nature, and therefore impossible; and others are built on
positions more difficult to assent to, than that of de la Sauvagiere.
They all suppose the shells to have covered submarine animals, and have
then to answer the question, How came they fifteen thousand feet above
the level of the sea? And they answer it, by demanding what cannot be
conceded. One, therefore, who had rather have no opinion than a false
one, will suppose this question one of those beyond the investigation
of human sagacity; or wait till further and fuller observations enable
him to decide it.
_Chanteloup._ I heard a nightingale to-day at Chanteloup. The gardener
says, it is the male who alone sings, while the female sits; and that
when the young are hatched, he also ceases. In the border at Chanteloup,
is an ingenious contrivance to hide the projecting steps of a stair-case.
Three steps were of necessity to project into the boudoir: they are
therefore made triangular steps; and instead of being rested on the
floor, as usual, they are made fast at their broad end to the stair
door, swinging out and in, with that. When it shuts, it runs them under
the other steps; when open, it brings them out to their proper place.
In the kitchen garden, are three pumps, worked by one horse. The pumps
are placed in an equilateral triangle, each side of which is of about
thirty-five feet. In the centre is a post, ten or twelve feet high,
and one foot in diameter. In the top of this, enters the bent end of a
lever, of about twelve or fifteen feet long, with a swingle tree at the
other end. About three feet from the bent end, it receives on a pin,
three horizontal bars of iron, which at their other end lay hold of one
corner of a quadrantal crank (like a bell crank) moving in a vertical
plane, to the other corner of which is hooked the vertical handle of the
pump. The crank turns on its point as a centre, by a pin or pivot passing
through it. The horse moving the lever horizontally in a circle, every
point of the lever describes a horizontal circle. That which receives
the three bars, describes a circle of six feet in diameter. It gives a
stroke then of six feet to the handle of each pump, at each revolution.
_Blois._ _Orleans._ June 9, 10. At Blois, the road leaves the river,
and traverses the hills, which are mostly reddish, sometimes gray, good
enough, in vines, corn, St. foin. From Orleans to the river Juines, at
Estampes, it is a continued plain of corn, and St. foin, tolerably good,
sometimes gray, sometimes red. From Estampes to Estrechy, the country
is mountainous and rocky, resembling that of Fontainebleau. Quære. If
it may not be the same vein?
FOOTNOTE:
[19] It is twenty American miles from Aix to Marseilles,
and they call it five leagues. Their league, then, is of
four American miles.
XII.
_A Tour to some of the Gardens of England._
[Memoranda made on a tour to some of the gardens in England, described
by Whateley in his book on gardening.] While his descriptions, in point
of style, are models of perfect elegance and classical correctness, they
are as remarkable for their exactness. I always walked over the gardens
with his book in my hand, examined with attention the particular spots
he described, found them so justly characterized by him as to be easily
recognized, and saw with wonder, that his fine imagination had never been
able to seduce him from the truth. My inquiries were directed chiefly
to such practical things as might enable me to estimate the expense of
making and maintaining a garden in that style. My journey was in the
months of March and April, 1786.
_Chiswick._--Belongs to Duke of Devonshire. A garden about six acres;--the
octagonal dome has an ill effect, both within and without: the garden
shows still too much of art. An obelisk of very ill effect; another in
the middle of a pond useless.
_Hampton-Court._--Old fashioned. Clipt yews grown wild.
_Twickenham._--Pope's original garden, three and a half acres. Sir Wm.
Stanhope added one and a half acre. This is a long narrow slip, grass and
trees in the middle, walk all round. Now Sir Wellbore Ellis's. Obelisk
at bottom of Pope's garden, as monument to his mother. Inscription, "Ah!
Editha, matrum optima, mulierum amantissima, Vale." The house about thirty
yards from the Thames: the ground shelves gently to the water side; on
the back of the house passes the street, and beyond that the garden.
The grotto is under the street, and goes out level to the water. In the
centre of the garden a mound with a spiral walk round it. A rookery.
_Esher-Place._--The house in a bottom near the river; on the other side
the ground rises pretty much. The road by which we come to the house forms
a dividing line in the middle of the front; on the right are heights,
rising one beyond and above another, with clumps of trees; on the farthest
a temple. A hollow filled up with a clump of trees, the tallest in the
bottom, so that the top is quite flat. On the left the ground descends.
Clumps of trees, the clumps on each hand balance finely--a most lovely
mixture of concave and convex. The garden is of about forty-five acres,
besides the park which joins. Belongs to Lady Frances Pelham.
_Claremont._--Lord Clive's. Nothing remarkable.
_Paynshill._--Mr. Hopkins. Three hundred and twenty-three acres, garden
and park all in one. Well described by Whateley. Grotto said to have
cost £7,000. Whateley says one of the bridges is of stone, but both now
are of wood, the lower sixty feet high: there is too much evergreen. The
dwelling-house built by Hopkins, ill-situated: he has not been there in
five years. He lived there four years while building the present house. It
is not finished; its architecture is incorrect. A Doric temple, beautiful.
_Woburn._--Belongs to Lord Peters. Lord Loughborough is the present tenant
for two lives. Four people to the farm, four to the pleasure garden, four
to the kitchen garden. All are intermixed, the pleasure garden being
merely a highly-ornamented walk through and round the divisions of the
farm and kitchen garden.
_Caversham._--Sold by Lord Cadogan to Major Marsac. Twenty-five acres of
garden, four hundred acres of park, six acres of kitchen garden. A large
lawn, separated by a sunk fence from the garden, appears to be part of
it. A straight, broad gravel walk passes before the front and parallel
to it, terminated on the right by a Doric temple, and opening at the
other end on a fine prospect. This straight walk has an ill effect. The
lawn in front, which is pasture, well disposed with clumps of trees.
_Wotton._--Now belongs to the Marquis of Buckingham, son of George
Grenville. The lake covers fifty acres, the river five acres, the basin
fifteen acres, the little river two acres--equal to seventy-two acres
of water. The lake and great river are on a level, they fall into the
basin five feet below, and that again into the little river five feet
lower. These waters lie in form of an [Illustration]: the house is in
middle of open side, fronting the angle. A walk goes round the whole,
three miles in circumference, and containing within it about three
hundred acres: sometimes it passes close to the water, sometimes so far
off as to leave large pasture grounds between it and the water. But two
hands to keep the pleasure grounds in order; much neglected. The water
affords two thousand brace of carp a year. There is a Palladian bridge,
of which, I think, Whateley does not speak.
_Stowe._--Belongs to the Marquis of Buckingham, son of George Grenville,
and who takes it from Lord Temple. Fifteen men and eighteen boys employed
in keeping pleasure grounds. Within the walk are considerable portions
separated by inclosures and used for pasture. The Egyptian pyramid is
almost entirely taken down by the late Lord Temple, to erect a building
there, in commemoration of Mr. Pitt, but he died before beginning it,
and nothing is done to it yet. The grotto and two rotundas are taken
away. There are four levels of water, receiving it one from the other.
The basin contains seven acres, the lake below that ten acres. Kent's
building is called the temple of Venus. The inclosure is entirely by
ha-ha. At each end of the front line there is a recess like the bastion
of a fort. In one of these is the temple of Friendship, in the other
the temple of Venus. They are seen the one from the other, the line of
sight passing, not through the garden, but through the country parallel
to the line of the garden. This has a good effect. In the approach to
Stowe, you are brought a mile through a straight avenue, pointing to the
Corinthian arch and to the house, till you get to the arch, then you turn
short to the right. The straight approach is very ill. The Corinthian
arch has a very useless appearance, inasmuch as it has no pretension
to any destination. Instead of being an object from the house, it is an
obstacle to a very pleasing distant prospect. The Grecian valley being
clear of trees, while the hill on each side is covered with them, is
much deepened to appearance.
_Leasowes, in Shropshire._--Now the property of Mr. Horne by purchase.
One hundred and fifty acres within the walk. The waters small. This is
not even an ornamented farm--it is only a grazing farm with a path round
it, here and there a seat of board, rarely anything better. Architecture
has contributed nothing. The obelisk is of brick. Shenstone had but three
hundred pounds a year, and ruined himself by what he did to this farm.
It is said that he died of the heart-aches which his debts occasioned
him. The part next the road is of red earth, that on the further part
gray. The first and second cascades are beautiful. The landscape at
number eighteen, and prospect at thirty-two, are fine. The walk through
the wood is umbrageous and pleasing. The whole arch of prospect may be
of ninety degrees. Many of the inscriptions are lost.
_Hagley, now Lord Wescot's._--One thousand acres: no distinction between
park and garden--both blended, but more of the character of garden. Eight
or nine laborers keep it in order. Between two and three hundred deer
in it, some few of them red deer. They breed sometimes with the fallow.
This garden occupying a descending hollow between the Clent and Witchbury
hills, with the spurs from those hills, there is no level in it for a
spacious water. There are, therefore, only some small ponds. From one
of these there is a fine cascade; but it can only be occasionally, by
opening the sluice. This is in a small, dark, deep hollow, with recesses
of stone in the banks on every side. In one of these is a Venus predique,
turned half round as if inviting you with her into the recess. There
is another cascade seen from the portico on the bridge. The castle is
triangular, with a round tower at each angle, one only entire; it seems
to be between forty and fifty feet high. The ponds yield a great deal
of trout. The walks are scarcely gravelled.
_Blenheim._--Twenty-five hundred acres, of which two hundred is garden,
one hundred and fifty water, twelve kitchen garden, and the rest park.
Two hundred people employed to keep it in order, and to make alterations
and additions. About fifty of these employed in pleasure grounds. The
turf is mowed once in ten days. In summer, about two thousand fallow
deer in the park, and two or three thousand sheep. The palace of Henry
II. was remaining till taken down by Sarah, widow of the first Duke of
Marlborough. It was on a round spot levelled by art, near what is now
water, and but a little above it. The island was a part of the high road
leading to the palace. Rosamond's bower was near where is now a little
grove, about two hundred yards from the palace. The well is near where
the bower was. The water here is very beautiful, and very grand. The
cascade from the lake, a fine one; except this the garden has no great
beauties. It is not laid out in fine lawns and woods, but the trees
are scattered thinly over the ground, and every here and there small
thickets of shrubs, in oval raised beds, cultivated, and flowers among
the shrubs. The gravelled walks are broad--art appears too much. There
are but a few seats in it, and nothing of architecture more dignified.
There is no one striking position in it. There has been a great addition
to the length of the river since Whateley wrote.
_Enfield Chase._--One of the four lodges. Garden about sixty acres.
Originally by Lord Chatham, now in the tenure of Dr. Beaver, who married
the daughter of Mr. Sharpe. The lease lately renewed--not in good repair.
The water very fine; would admit of great improvement by extending walks,
&c., to the principal water at the bottom of the lawn.
_Moor Park._--The lawn about thirty acres. A piece of ground up the
hill of six acres. A small lake. Clumps of spruce firs. Surrounded by
walk--separately inclosed--destroys unity. The property of Mr. Rous, who
bought of Sir Thomas Dundas. The building superb; the principal front a
Corinthian portico of four columns; in front of the wings a colonnade,
Ionic, subordinate. Back front a terrace, four Corinthian pilasters.
Pulling down wings of building; removing deer; wants water.
_Kew._--Archimedes' screw for raising water. A horizontal shaft made to
turn the oblique one of the screw by a patent machinery of this form:
[Illustration]
[Illustration: _The pieces separate._]
A is driven by its shank into the horizontal axis of the wheel which
turns the machine.
B is an intermediate iron to connect the motion of A and C.
C is driven by its shank into the axis of the screw.
D is a cross axis, the ends, _a_ and _b_, going into the corresponding
holes _a_ and _b_ of the iron A, and the ends, _c_ and _d_, going into
the corresponding holes _c_ and _d_ of the iron B.
E is another cross axis, the ends, _e_ and _f_, going into the
corresponding holes _e_ and _f_ of the iron B, and the ends, _g_ and
_h_, going into the corresponding holes _g_ and _h_ of the iron C.
XIII.
_Memorandums on a Tour from Paris to Amsterdam, Strasburg, and back to
Paris._--March 3d, 1788.
_Amsterdam._--Joists of houses placed, not with their sides horizontally
and perpendicularly, but diamond wise, thus: [Illustration] first, for
greater strength; second, to arch between with brick, thus: [Illustration]
Windows opening so that they admit air and not rain. The upper
sash opens on a horizontal axis, or pins in the centre of the sides,
the lower sash slides up.
[Illustration: _Windows._]
[Illustration]
Manner of fixing a flag staff on the mast of a vessel: _a_ is the bolt
on which it turns; _b_ a bolt which is taken in and out to fasten it
or to let it down. When taken out, the lower end of the staff is shoved
out of its case, and the upper end being heaviest brings itself down: a
rope must have been previously fastened to the butt end, to pull it down
again when you want to raise the flag end.[Illustration] Dining tables
letting down with single or double leaves, so as to take the room of their
thickness only with a single leaf when open, thus: [Illustration]
or thus:[Illustration] double-leaves open: [Illustration] shut,
thus: [Illustration] or thus: [Illustration] shut: [Illustration]
Peat costs about one doit each, or twelve and a half stivers the hundred.
One hundred make seven cubic feet, and to keep a tolerably comfortable
fire for a study or chamber, takes about six every hour and a half.
A machine for drawing light _empty_ boats over a dam at Amsterdam. It
is an axis in peritrochio fixed on the dam. From the dam each way is
a sloping stage, the boat is presented to this, the rope of the axis
made fast to it, and it is drawn up. The water on one side of the dam
is about four feet higher than on the other.
The camels used for lightening ships over the Pampus will raise the
ships eight feet. There are beams passing through the ship's sides,
projecting to the off side of the camel and resting on it; of course
that alone would keep the camel close to the ship. Besides this, there
are a great number of windlasses on the camels, the ropes of which are
made fast to the gunwale of the ship. The camel is shaped to the ship
on the near side, and straight on the off one. When placed along side,
water is let into it so as nearly to sink it; in this state it receives
the beams, &c., of the ship, and then the water is pumped out.
Wind saw mills. See the plans detailed in the moolen book which I bought.
A circular foundation of brick is raised about three or four feet high,
and covered with a curb or sill of wood, and has little rollers under its
sill which make it turn easily on the curb. A hanging bridge projects at
each end about fifteen or twenty feet beyond the circular area, thus:
[Illustration] horizontally, and thus: [Illustration] in the
profile to increase the play of the timbers on the frame. The wings are
at one side, as at _a_; there is a shelter over the hanging bridges,
but of plank with scarce any frame, very light.
A bridge across a canal formed by two scows, which open each to the
opposite shore and let boats pass.
A lanthern over the street door, which gives light equally into the
antechamber and the street. It is a hexagon, and occupies the place of
the middle pane of glass in the circular top of the street door.
A bridge on a canal, turning on a swivel, by which means it is arranged
along the side of the canal so as not to be in the way of boats when
not in use. When used, it is turned across the canal. It is, of course,
a little more than double the width of the canal.
Hedges of beach, which, not losing the old leaf till the new bud pushes
it off, has the effect of an evergreen as to cover.
Mr. Ameshoff, merchant at Amsterdam. The distribution of his aviary is
worthy of notice. Each kind of the large birds has its coop eight feet
wide and four feet deep; the middle of the front is occupied by a broad
glass window, on one side of which is a door for the keeper to enter at,
and on the other a little trap-door for the birds to pass in and out.
The floor strewed with clean hay. Before each coop is a court of eight by
sixteen feet, with wire in front and netting above, if the fowls be able
to fly. For such as require it, there are bushes of evergreen growing in
their court for them to lay their eggs under. The coops are frequently
divided into two stories: the upper for those birds which perch, such as
pigeons, &c., the lower for those which feed on the ground, as pheasants,
partridges, &c. The court is in common for both stories, because the
birds do no injury to each other. For the water-fowl there is a pond of
water passing through the courts, with a movable separation. While they
are breeding they must be separate, afterwards they may come together.
The small birds are some of them in a common aviary, and some in cages.
The Dutch wheel-barrow is in this form: [Illustration] which is very
convenient for loading and unloading.
Mr. Hermen Hend Damen, merchant-broker of Amsterdam, tells me that the
emigrants to America come from the Palatinate down the Rhine, and take
shipping from Amsterdam. Their passage is ten guineas if paid here, and
eleven if paid in America. He says they might be had in any number to
go to America, and settle lands as tenants on half stocks or metairies.
Perhaps they would serve their employer one year as an indemnification
for the passage, and then be bound to remain on his lands seven years.
They would come to Amsterdam at their own expense. He thinks they would
employ more than fifty acres each; but _quære_, especially if they have
fifty acres for their wife also?
_Hodson._--The best house. Stadhonderian, his son, in the government.
Friendly, but old and very infirm.
_Hope._--The first house in Amsterdam. His first object England; but
it is supposed he would like to have the American business also, yet he
would probably make our affairs subordinate to those of England.
_Vollenhoven._--An excellent old house; connected with no party.
_Sapportus._--A brother, very honest and ingenuous, well-disposed; acts
for Hope, but will say with truth what he can do for us. The best person
to consult with as to the best house to undertake a piece of business. He
has brothers in London in business. Jacob Van Staphorst tells me there
are about fourteen millions of florins, new money, placed in loans in
Holland every year, being the savings of individuals out of their annual
revenue, &c. Besides this, there are every year reimbursements of old
loans from some quarter or other to be replaced at interest in some new
loan.
1788. March 16th. Baron Steuben has been generally suspected of having
suggested the first idea of the self-styled Order of Cincinnati. But Mr.
Adams tells me, that in the year 1776 he had called at a tavern in the
State of New York to dine, just at the moment when the British army was
landing at Frog's Neck. Generals Washington, Lee, Knox and Parsons, came
to the same tavern. He got into conversation with Knox. They talked of
ancient history--of Fabius, who used to raise the Romans from the dust;
of the present contest, &c.; and General Knox, in the course of the
conversation, said he should wish for some ribbon to wear in his hat,
or in his button hole, to be transmitted to his descendants as a badge
and a proof that he had fought in defence of their liberties. He spoke
of it in such precise terms, as showed he had revolved it in his mind
before. Mr. Adams says he and Knox were standing together in the door of
the tavern, and does not recollect whether General Washington and the
others were near enough to hear the conversation, or were even in the
room at that moment. Baron Steuben did not arrive in America till above
a year after that. Mr. Adams is now fifty-three years old, _i. e._ nine
years more than I am.
[Illustration: HOPE'S HOUSE, NEAR HARLAEM.]
It is said this house will cost four tons of silver, or forty thousand
pounds sterling. The separation between the middle building and wings
in the upper story has a capricious appearance, yet a pleasing one. The
right wing of the house (which is the left in the plan) extends back to
a great length, so as to make the ground plan in the form of an L. The
parapet has a pannel of wall, and a pannel of ballusters alternately,
which lighten it. There is no portico, the columns being backed against
the wall of the front.
March 30th, 31st. _Amsterdam._ _Utrecht._ _Nimeguen._ The lower parts
of the low countries seem partly to have been gained from the sea, and
partly to be made up of the plains of the Yssel, the Rhine, the Maese
and the Schelde united. To Utrecht nothing but plains are seen, a rich
black mould, wet, lower than the level of the waters which intersect
it; almost entirely in grass; few or no farm-houses, as the business of
grazing requires few laborers. The canal is lined with country houses,
which bespeak the wealth and cleanliness of the country; but generally
in an uncouth state, and exhibiting no regular architecture. After
passing Utrecht, the hills north-east of the Rhine come into view, and
gather in towards the river, till at Wyck Dursted they are within three
or four miles, and at Amelengen they join the river. The plains, after
passing Utrecht, become more sandy; the hills are very poor and sandy,
generally waste in broom, sometimes a little corn. The plains are in
corn, grass, and willow. The plantations of the latter are immense, and
give it the air of an uncultivated country. There are now few châteaux;
farm-houses abound, built generally of brick, and covered with tile or
thatch. There are some apple-trees, but no forest; a few inclosures of
willow wattling. In the gardens are hedges of beach, one foot apart,
which, not losing its old leaves till they are pushed off in the spring
by the young ones, gives the shelter of evergreens. The Rhine is here
about three hundred yards wide, and the road to Nimeguen passing it a
little below Wattelingen, leaves Hetern in sight on the left. On this
side, the plains of the Rhine, the Ling, and the Waal unite. The Rhine
and Waal are crossed on vibrating boats, the rope supported by a line of
seven little barks. The platform by which you go on to the ferry-boat
is supported by boats. The view from the hill at Cress is sublime. It
commands the Waal, and extends far up the Rhine. That also up and down
the Waal from the Bellevue of Nimeguen, is very fine. The château here
is pretended to have lodged Julius Cæsar. This is giving it an antiquity
of at least eighteen centuries, which must be apocryphal. Some few sheep
to-day, which were feeding in turnip patches.
April 1st. _Cranenburg._ _Cleves._ _Santen._ _Reynberg._ _Hoogstraat._
The transition from ease and opulence to extreme poverty is remarkable
on crossing the line between the Dutch and Prussian territories. The
soil and climate are the same; the governments alone differ. With the
poverty, the fear also of slaves is visible in the faces of the Prussian
subjects. There is an improvement, however, in the physiognomy, especially
could it be a little brightened up. The road leads generally over the
hills, but sometimes through skirts of the plains of the Rhine. These
are always extensive and good. They want manure, being visibly worn
down. The hills are almost always sandy, barren, uncultivated, and
insusceptible of culture, covered with broom and moss; here and there
a little indifferent forest, which is sometimes of beach. The plains
are principally in corn; some grass and willow. There are no châteaux,
nor houses that bespeak the existence even of a middle class. Universal
and equal poverty overspreads the whole. In the villages, too, which
seem to be falling down, the over-proportion of women is evident. The
cultivators seem to live on their farms. The farm-houses are of mud,
the better sort of brick; all covered over with thatch. Cleves is little
more than a village. If there are shops or magazines of merchandise in
it, they show little. Here and there at a window some small articles
are hung up within the glass. The goose-berry beginning to leaf.
April 2d. Passed the Rhine at _Essenberg_. It is there about a quarter of
a mile wide, or five hundred yards. It is crossed in a scow with sails.
The wind being on the quarter, we were eight or ten minutes only in the
passage. Duysberg is but a village in fact, walled in; the buildings
mostly of brick. No new ones, which indicate a thriving state. I had
understood that near that were remains of the encampment of Varus, in
which he and his legions fell by the arms of Arminius (in the time of
Tiberius I think it was), but there was not a person to be found in
Duysberg who could understand either English, French, Italian, or Latin.
So I could make no inquiry.
From _Duysberg_ to _Dusseldorf_ the road leads sometimes over the hills,
sometimes through the plains of the Rhine, the quality of which are as
before described. On the hills, however, are considerable groves of oak,
of spontaneous growth, which seem to be of more than a century; but the
soil being barren, the trees, though high, are crooked and knotty. The
undergrowth is broom and moss. In the plains is corn entirely. As they
are become rather sandy for grass, there are no inclosures on the Rhine
at all. The houses are poor and ruinous, mostly of brick, and scantling
mixed. A good deal of grape cultivated.
_Dusseldorf._ The gallery of paintings is sublime, particularly the
room of Vanderwerff. The plains from Dusseldorf to Cologne are much more
extensive, and go off in barren downs at some distance from the river.
These downs extend far, according to appearance. They are manuring the
plains with lime. A gate at the Elector's château on this road in this
form. We cross at Cologne on a pendulum boat. I observe the hog of this
country (Westphalia), of which the celebrated ham is made, is tall,
gaunt, and with heavy lop ears. Fatted at a year old, would weigh one
hundred or one hundred and twenty pounds. At two years old, two hundred
pounds. Their principal food is acorns. The pork, fresh, sells at two
and a half pence sterling the pound. The hams, ready made, at eight
and a half pence sterling the pound. One hundred and six pounds of this
country is equal to one hundred pounds of Holland. About four pounds of
fine Holland salt is put on one hundred pounds of pork. It is smoked in
a room which has no chimney. Well-informed people here tell me there is
no other part of the world where the bacon is smoked. They do not know
that we do it. Cologne is the principal market of exportation. They find
that the small hog makes the sweetest meat.
[Illustration]
_Cologne_ is a sovereign city, having no territory out of its walls. It
contains about sixty thousand inhabitants; appears to have much commerce,
and to abound with poor. Its commerce is principally in the hands of
Protestants, of whom there are about sixty houses in the city. They are
extremely restricted in their operations, and otherwise oppressed in every
form by the government, which is Catholic, and excessively intolerant.
Their Senate, some time ago, by a majority of twenty-two to eighteen,
allowed them to have a church; but it is believed this privilege will
be revoked. There are about two hundred and fifty Catholic churches in
the city. The Rhine is here about four hundred yards wide. This city
is in 51° latitude, wanting about 6´. Here the vines begin, and it is
the most northern spot on the earth on which wine is made. Their first
grapes came from Orleans, since that from Alsace, Champagne, &c. It is
thirty-two years only since the first vines were sent from Cassel, near
Mayence, to the Cape of Good Hope, of which the Cape wine is now made.
Afterwards new supplies were sent from the same quarter. That I suppose
is the most southern spot on the globe where wine is made, and it is
singular that the same vine should have furnished two wines as much
opposed to each other in quality as in situation. I was addressed here
by Mr. Damen, of Amsterdam, to Mr. Jean Jaques Peuchen, of this place,
Merchant.
April 4th. _Cologne._ _Bonne._ _Andernach._ _Coblentz._ I saw many
walnut trees to-day in the open fields. It would seem as if this tree
and wine required the same climate. The soil begins now to be reddish,
both on the hills and in the plains. Those from Cologne to Bonne extend
about three miles from the river on each side; but a little above Bonne
they become contracted, and continue from thence to be from one mile to
nothing, comprehending both sides of the river. They are in corn, some
clover and rape, and many vines. These are planted in rows three feet
apart both ways. The vine is left about six or eight feet high, and
stuck with poles ten or twelve feet high. To these poles they are tied
in two places, at the height of about two and four feet. They are now
performing this operation. The hills are generally excessively steep, a
great proportion of them barren; the rest in vines principally, sometimes
small patches of corn. In the plains, though rich, I observed they dung
their vines plentifully; and it is observed here, as elsewhere, that the
plains yield much wine, but bad. The good is furnished from the hills.
The walnut, willow, and apple tree beginning to leaf.
_Andernach_ is the port on the Rhine to which the famous mill-stones of
Cologne are brought; the quarry, as some say, being at Mendich, three
or four leagues from thence. I suppose they have been called Cologne
mill-stones, because the merchants of that place having the most extensive
correspondence, have usually sent them to all parts of the world. I
observed great collections of them at Cologne. This is one account.
April 5. _Coblentz._ _Nassau._ Another account is, that these stones
are cut at Triers and brought down the Moselle. I could not learn the
price of them at the quarry; but I was shown a grind-stone of the same
stone, five feet diameter, which cost at Triers six florins. It was of
but half the thickness of a mill-stone. I supposed, therefore, that two
mill-stones would cost about as much as three of these grind-stones,
_i. e._ about a guinea and a half. This country abounds with slate.
The best Moselle wines are made about fifteen leagues from hence, in
an excessively mountainous country. The first quality (without any
comparison) is that made on the mountain of Brownberg, adjoining to the
village of Dusmond; and the best crops is that of the Baron Breidbach
Burrhesheim, grand chambellan et grand Baillif de Coblentz. His Receveur,
of the name of Mayer, lives at Dusmond. The last fine year was 1783, which
sells now at fifty louis the foudre, which contains six aumes of one
hundred and seventy bottles each, equal about one thousand one hundred
and ten bottles. This is about twenty-two sous Tournois the bottle. In
general, the Baron Burrhesheim's crops will sell as soon as made, say at
the vintage, for one hundred and thirty, one hundred and forty, and one
hundred and fifty ecus the foudre (the ecu is one and a half florin of
Holland), say two hundred. 2. Vialen is the second quality, and sells
new at one hundred and twenty ecus the foudre. 3. Crach-Bispost is the
third, and sells for about one hundred and five ecus. I compared Crach
of 1783 with Baron Burrhesheim's of the same year. The latter is quite
clear of acid, stronger, and very sensibly the best. 4. Selting, which
sells at one hundred ecus. 5. Kous-Berncastle, the fifth quality, sells
at eighty or ninety. After this there is a gradation of qualities down
to thirty ecus. These wines must be five or six years old before they
are quite ripe for drinking. One thousand plants yield a foudre of wine
a year in the most plentiful vineyards. In other vineyards, it will take
two thousand or two thousand and five hundred plants to yield a foudre.
The culture of one thousand plants costs about one louis a year. A day's
labor of a man is paid in winter twenty kreitzers (_i. e._ one-third of
a florin), in summer twenty-six; a woman's is half that. The red wines
of this country are very indifferent, and will not keep. The Moselle is
here from one hundred to two hundred yards wide; the Rhine three hundred
to four hundred. A jessamine in the Count de Moustier's garden in leaf.
In the Elector of Treves' palace at _Coblentz_, are large rooms very
well warmed by warm air conveyed from an oven below, through tubes which
open into the rooms. An oil and vinegar cruet in this form: [Illustration]
At Coblentz we pass the river on a pendulum boat, and the road to Nassau
is over tremendous hills, on which is here and there a little corn, more
vines, but mostly barren. In some of these barrens are forests of beach
and oak, tolerably large, but crooked and knotty; the undergrowth beach
brush, broom, and moss. The soil of the plains, and of the hills where
they are cultivable, is reddish. Nassau is a village the whole rents of
which should not amount to more than a hundred or two guineas. Yet it
gives the title of Prince to the house of Orange to which it belongs.
April 6th. _Nassau._ _Schwelbach._ _Wisbaden._ _Hocheim._ _Frankfort._
The road from Nassau to Schwelbach is over hills, or rather mountains,
both high and steep; always poor, and above half of them barren in beach
and oak. At Schwelbach there is some chesnut. The other parts are either
in winter grain, or preparing for that of the spring. Between Schwelbach
and Wisbaden we come in sight of the plains of the Rhine, which are very
extensive. From hence the lands, both high and low, are very fine, in
corn, vines, and fruit trees. The country has the appearance of wealth,
especially in the approach to Frankfort.
April 7th. _Frankfort._ Among the poultry, I have seen no turkies in
Germany till I arrive at this place. The Stork, or Crane, is very commonly
tame here. It is a miserable, dirty, ill-looking bird. The Lutheran is
the reigning religion here, and is equally intolerant to the Catholic
and Calvinist, excluding them from the free corps.
[Illustration]
April 8th. _Frankfort._ _Hanau._ The road goes through the plains of the
Maine, which are mulatto, and very fine. They are well cultivated till
you pass the line between the republic and the landgraviate of Hesse,
when you immediately see the effect of the difference of government,
notwithstanding the tendency which the neighborhood of such a commercial
town as Frankfort has to counteract the effects of tyranny in its
vicinities, and to animate them in spite of oppression. In Frankfort
all is life, bustle, and motion; in Hanau the silence and quiet of the
mansions of the dead. Nobody is seen moving in the streets; every door
is shut; no sound of the saw, the hammer, or other utensil of industry.
The drum and fife is all that is heard. The streets are cleaner than a
German floor, because nobody passes them. At Williamsbath, near Hanau,
is a country seat of the Landgrave. There is a ruin which is clever.
It presents the remains of an old castle. The ground plan is in this
form: [Illustration] The upper story in this: [Illustration] A circular
room of thirty-one and a half feet diameter within. The four little square
towers at the corners finish at the floor of the upper story, so as to
be only platforms to walk out on. Over the circular room is a platform
also, which is covered by the broken parapet which once crowned the top,
but is now fallen off some parts, whilst the other parts remain. I like
better, however, the form of the ruin at Hagley, in England, which was
thus a centry box here, covered over with bark, so as to look exactly
like the trunk of an old tree. This is a good idea; and may be of much
avail in a garden. There is a hermitage in which is a good figure of
a hermit in plaster, colored to the life, with a table and book before
him, in the attitude of reading and contemplation. In a little cell is
his bed; in another his books, some tools, &c.; in another his little
provision of firewood, &c. There is a monument erected to the son of
the present landgrave, in the form of a pyramid, the base of which is
eighteen and a half feet. The side declines from the perpendicular about
twenty-one and a half degrees. An arch is carried through it both ways so
as present a door in each side. In the middle of this, at the crossing
of the two arches, is a marble monument with this inscription: "ante
tempus." He died at twelve years of age. Between Hanau and Frankfort, in
sight of the road, is the village of Bergen, where was fought the battle
of Bergen in the war before last. Things worth noting here are: 1. A
folding ladder. 2. Manner of packing china cups and saucers, the former
in a circle within the latter. 3. The marks of different manufactures
of china, to wit: Dresden with two swords. Hecks with a wheel with
[Illustration], Frankendaal with [Illustration] (for Charles Theodore),
and a [Illustration] over it. Berlin with 4. The top rail of a wagon
supported by the washers on the ends of the axle-trees.
April 10th. _Frankfort._ _Hocheim._ _Mayence._ The little tyrants round
about having disarmed their people, and made it very criminal to kill
game, one knows when they quit the territory of Frankfort by the quantity
of game which is seen. In the Republic, everybody being allowed to be
armed, and to hunt on their own lands, there is very little game left
in its territory. The hog hereabouts resembles extremely the little hog
of Virginia. Round like that, a small head, and short upright ears. This
makes the ham of Mayence so much esteemed at Paris.
We cross the Rhine at Mayence on a bridge one thousand eight hundred and
forty feet long, supported by forty-seven boats. It is not in a direct
line, but curved up against the stream; which may strengthen it if the
difference between the upper and lower curve be sensible, if the planks
of the floor be thick, well jointed together, and forming sectors of
circles, so as to act on the whole as the stones of an arch. But it has
by no means this appearance. Near one end, one of the boats has an axis
in peritrochio, and a chain, by which it may be let drop down stream
some distance, with the portion of the floor belonging to it, so as
to let a vessel through. Then it is wound up again into place, and to
consolidate it the more with the adjoining parts, the loose section is
a little higher, and has at each end a folding stage, which folds back
on it when it moves down, and when brought up again into place, these
stages are folded over on the bridge. This whole operation takes but
four or five minutes. In the winter the bridge is taken away entirely,
on account of the ice. And then everything passes on the ice through
the whole winter.
April 11th. _Mayence._ _Rudesheim._ _Johansberg._ _Markebronn._ The women
do everything here. They dig the earth, plough, saw, cut and split wood,
row, tow the batteaux, &c. In a small but dull kind of batteau, with two
hands rowing with a kind of large paddle, and a square sail, but scarcely
a breath of wind, we went down the river at the rate of five miles an
hour, making it three and a half hours to Rudesheim. The floats of wood
which go with the current only, go one mile and a half an hour. They
go night and day. There are five boat-mills abreast here. Their floats
seem to be about eight feet broad. The Rhine yields salmon, carp, pike,
and perch, and the little rivers running into it yield speckled trout.
The plains from Maintz to Rudesheim are good and in corn; the hills
mostly in vines. The banks of the river are so low that, standing up in
the batteau, I could generally see what was in the plains. Yet they are
seldom overflowed.
[Illustration: A TOWER AT RUDESHEIM.]
Though they begin to make wine, as has been said, at Cologne, and continue
it up the river indefinitely, yet it is only from Rudesheim to Hocheim
that wines of the very first quality are made. The river happens there to
run due east and west, so as to give its hills on that side a southern
aspect. And even in this canton, it is only Hocheim, Johansberg, and
Rudesheim, that are considered as of the very first quality. Johansberg
is a little mountain (berg signifies mountain), whereon is a religious
house, about fifteen miles below Mayence, and near the village of Vingel.
It has a southern aspect, the soil a barren mulatto clay, mixed with a
good deal of stone, and some slate. This wine used to be but on a par
with Hocheim and Rudesheim; but the place having come to the Bishop of
Fulda, he improved its culture so as to render it stronger; and since
the year 1775, it sells at double the price of the other two. It has
none of the acid of the Hocheim and other Rhenish wines. There are about
sixty tons made in a good year, which sell, as soon as of a drinkable
age, at one thousand franks each. The tun here contains seven and a-half
aumes of one hundred and seventy bottles each. Rudesheim is a village of
about eighteen or twenty miles below Mayence. Its fine wines are made on
the hills about a mile below the village, which look to the south, and
on the middle and lower parts of them. They are terraced. The soil is
gray, about one-half of slate and rotten stone, the other half of barren
clay, excessively steep. Just behind the village also is a little spot,
called Hinder House, belonging to the Counts of Sicken and Oschstein,
whereon each makes about a ton of wine of the very first quality. This
spot extends from the bottom to the top of the hill. The vignerons of
Rudesheim dung their wines about once in five or six years, putting a
one-horse tumbrel load of dung on every twelve feet square. One thousand
plants yield about four aumes in a good year. The best crops are,
The Chanoines of Mayence, who make 15 pieces of 7½ aumes.
Le Comte de Sicken 6 " "
Le Comte d'Oschstein 9 " "
L'Electeur de Mayence 6 " "
Le Comte de Meternisch 6 " "
Monsieur de Boze 5 " "
M. Ackerman, baliff et aubergiste des 3
couronnes 8 " "
M. Ackerman le fils, aubergiste à la
couronne 5 " "
M. Lynn, aubergiste de l'ange 5 " "
Baron de Wetzel 7 " "
Convent de Mariahousen, des religieuses
Benedictines 7 " "
M. Johan Yung 8 " "
M. de Rieden 5 " "
--
92
These wines begin to be drinkable at about five years old. The proprietors
sell them old or young, according to the prices offered, and according
to their own want of money. There is always a little difference between
different casks, and therefore when you choose and buy a single cask,
you pay three, four, five or six hundred florins for it. They are not
at all acid, and to my taste much preferable to Hocheim, though but of
the same price. Hocheim is a village about three miles above Mayence,
on the Maine, where it empties into the Rhine. The spot whereon the
good wine is made is the hill side from the church down to the plain,
a gentle slope of about a quarter of a mile wide, and extending half a
mile towards Mayence. It is of south-western aspect, very poor, sometimes
gray, sometimes mulatto, with a moderate mixture of small broken stone.
The wines are planted three feet apart, and stuck with sticks about six
feet high. The wine, too, is cut at that height. They are dunged once in
three or four years. One thousand plants yield from one to two aumes a
year: they begin to yield a little at three years old, and continue to
one hundred years, unless sooner killed by a cold winter. Dick, keeper
of the Rothen-house tavern at Frankfort, a great wine merchant, who has
between three and four hundred tons of wine in his cellars, tells me
that Hocheim of the year 1783, sold, as soon as it was made, at ninety
florins the aume, Rudesheim of the same year, as soon as made, at one
hundred and fifteen florins, and Markebronn seventy florins. But a peasant
of Hocheim tells me that the best crops of Hocheim in the good years,
when sold new, sell but for about thirty-two or thirty-three florins
the aume; but that it is only the poorer proprietors who sell new. The
fine crops are,
Count Ingleheim about 10 tuns. }
Baron d'Alberg 8 " } All of these keep till
Count Schimbon 14 " } about fifteen years old,
The Chanoines of Mayence 18 " } before they sell, unless
Counsellor Schik de Vetsler 15 " } they are offered a very
Convent of Jacobsberg 8 " } good price sooner.
The Chanoine of Fechbach 10 " }
The Carmelites of Frankfort 8 " { Who only sell by the bottle
{ in their own tavern in
{ Frankfort.
The Bailiff of Hocheim 11 " Who sells at three or four
years old.
Zimmerman, a bourgeois 4 " } These being poor, sell new.
Feldman, a carpenter 2 " }
Markebronn (bronn signifies a spring, and is probably of affinity with
the Scotch word, burn) is a little canton in the same range of hills,
adjoining to the village of Hagenheim, about three miles above Johansberg,
subject to the elector of Mayence. It is a sloping hill side of southern
aspect, mulatto, poor, and mixed with some stone. This yields wine of
the second quality.
April 12th. _Mayence._ _Oppenheim._ _Dorms._ _Manheim._ On the road
between Mayence and Oppenheim are three cantons, which are also esteemed
as yielding wines of the second quality. These are Laudenheim, Bodenheim,
and Nierstein. Laudenheim is a village about four or five miles from
Mayence. Its wines are made on a steep hill side, the soil of which
is gray, poor and mixed with some stone. The river there happens to
make a short turn to the south-west, so as to present its hills to the
south-east. Bodenheim is a village nine miles, and Nierstein another about
ten or eleven miles from Mayence. Here, too, the river is north-east and
south-west, so as to give the hills between these villages a south-east
aspect; and at Thierstein, a valley making off, brings the face of the
hill round to the south. The hills between these villages are almost
perpendicular, of a vermilion red, very poor, and having as much rotten
stone as earth. It is to be observed that these are the only cantons
on the south side of the river which yield good wine, the hills on this
side being generally exposed to the cold winds, and turned from the sun.
The annexed bill of prices current, will give an idea of the estimation
of these wines respectively.
With respect to the grapes in this country, there are three kinds in
use for making white wine, (for I take no notice of the red wines, as
being absolutely worthless.) 1. The Klemperien, of which the inferior
qualities of Rhenish wines are made, and is cultivated because of its
hardness. The wines of this grape descend as low as one hundred florins
the tun of eight aumes. 2. The Rhysslin grape, which grows only from
Hocheim down to Rudesheim. This is small and delicate, and therefore
succeeds only in this chosen spot. Even at Rudesheim it yields a fine
wine only in the little spot called Hinder House, before mentioned; the
mass of good wines made at Rudesheim, below the village, being of the
third kind of grape, which is called the Orleans grape.
To Oppenheim the plains of the Rhine and Maine are united. From that
place we see the commencement of the Bergstrasse, or mountains which
separate at first the plains of the Rhine and Maine, then cross the
Neckar at Heidelberg, and from thence forms the separation between the
plains of the Neckar and Rhine, leaving those of the Rhine about ten or
twelve miles wide. These plains are sometimes black, sometimes mulatto,
always rich. They are in corn, potatoes, and some willow. On the other
side again, that is, on the west side, the hills keep at first close to
the river. They are about one hundred and fifty, or two hundred feet
high, sloping, red, good, and mostly in vines. Above Oppenheim, they
begin to go off till they join the mountains of Lorraine and Alsace,
which separate the waters of the Moselle and Rhine, leaving to the whole
valley of the Rhine about twenty or twenty-five miles breadth. About
Worms these plains are sandy, poor, and often covered only with small
pine.
April 13th. _Manheim._ There is a bridge over the Rhine here, supported
on thirty-nine boats, and one over the Neckar on eleven boats. The
bridge over the Rhine is twenty-one and a half feet wide from rail to
rail. The boats are four feet deep, fifty-two feet long, and nine feet
eight inches broad. The space between boat and boat is eighteen feet ten
inches. From these data the length of the bridge should be 9ft. 8in. +
18ft. 10in. × 40 = 1140 feet. In order to let vessels pass through, two
boats well framed together, with their flooring, are made to fall down
stream together. Here, too, they make good ham. It is fattened on round
potatoes and Indian corn. The farmers smoke what is for their own use
in their chimneys. When it is made for sale, and in greater quantities
than the chimney will hold, they make the smoke of the chimney pass into
an adjoining loft, or apartment, from which it has no issue; and here
they hang their hams.
[Illustration]
An economical curtain bedstead. The bedstead is seven feet by four feet
two inches. From each leg there goes up an iron rod three-eighths of an
inch in diameter. Those from the legs at the foot of the bed meeting at
top as in the margin, and those from the head meeting in like manner, so
that the two at the foot form one point, and the two at the head another.
On these points lays an oval iron rod, whose long diameter is five feet,
and short one three feet one inch. There is a hole through this rod at
each end, by which it goes on firm on the point of the upright rods.
Then a nut screws it down firmly. Ten breadths of stuff two feet ten
inches wide, and eight feet six inches long, form the curtains. There
is no top nor vallons. The rings are fastened within two and a half or
three inches of the top on the inside, which two and a half or three
inches stand up, and are an ornament somewhat like a ruffle.
I have observed all along the Rhine that they make the oxen draw by the
horns. A pair of very handsome chariot horses, large, bay, and seven years
old, sell for fifty louis. One pound of beef sells for eight kreitzers,
(_i. e._ eight sixtieths of a florin;) one pound of mutton or veal, six
kreitzers; one pound of pork, seven and a half kreitzers; one pound of
ham, twelve kreitzers; one pound of fine wheat bread, two kreitzers;
one pound of butter, twenty kreitzers; one hundred and sixty pounds of
wheat, six francs; one hundred and sixty pounds of maize, five francs; one
hundred and sixty pounds of potatoes, one franc; one hundred pounds of
hay, one franc; a cord of wood (which is 4 4 and 6 feet), seven francs;
a laborer by the day receives twenty-four kreitzers, and feeds himself.
A journee or arpent of land (which is eight by two hundred steps), such
as the middling plains of the Rhine, will sell for two hundred francs.
There are more soldiers here than other inhabitants, to wit: six thousand
soldiers and four thousand males of full age of the citizens, the whole
number of whom is reckoned at twenty thousand.
April 14th. _Manheim._ _Dossenheim._ _Heidelberg._ _Schwetzingen Manheim._
The elector placed, in 1768, two males and five females of the Angora
goat at Dossenheim, which is at the foot of the Bergstrasse mountains.
He sold twenty-five last year, and has now seventy. They are removed
into the mountains four leagues beyond Dossenheim. Heidelberg is on the
Neckar just where it issues from the Bergstrasse mountains, occupying
the first skirt of plain which it forms. The château is up the hill
a considerable height. The gardens lie above the château, climbing up
the mountain in terraces. This château is the most noble ruin I have
ever seen, having been reduced to that state by the French in the time
of Louis XIV., 1693. Nothing remains under cover but the chapel. The
situation is romantic and pleasing beyond expression. It is on a great
scale much like the situation of Petrarch's château, at Vaucluse, on a
small one. The climate, too, is like that of Italy. The apple, the pear,
cherry, peach, apricot, and almond, are all in bloom. There is a station
in the garden to which the château re-echoes distinctly four syllables.
The famous ton of Heidelberg was new built in 1751, and made to contain
thirty foudres more than the ancient one. It is said to contain two
hundred and thirty-six foudres of one thousand two hundred bottles each.
I measured it, and found its length external to be twenty-eight feet ten
inches; its diameter at the end twenty feet three inches; the thickness
of the staves seven and a half inches; thickness of the hoops seven
and a half inches; besides a great deal of external framing. There is
no wine in it now. The gardens at Schwetzingen show how much money may
be laid out to make an ugly thing. What is called the English quarter,
however, relieves the eye from the straight rows of trees, round and
square basins, which constitute the great mass of the garden. There are
some tolerable morsels of Grecian architecture, and a good ruin. The
Aviary, too, is clever. It consists of cells of about eight feet wide,
arranged round, and looking into a circular area of about forty or fifty
feet diameter. The cells have doors both of wire and glass, and have
small shrubs in them. The plains of the Rhine on this side are twelve
miles wide, bounded by the Bergstrasse mountains. These appear to be
eight hundred or a thousand feet high; the lower part in vines, from
which is made what is called the vin de Nichar; the upper in chesnut.
There are some cultivated spots however, quite to the top. The plains
are generally mulatto, in corn principally; they are planting potatoes
in some parts, and leaving others open for maize and tobacco. Many peach
and other fruit trees on the lower part of the mountain. The paths on
some parts of these mountains are somewhat in the style represented in
the margin.
[Illustration]
_Manheim._ _Kaeferthal._ _Manheim._ Just beyond Kaeferthal is an
extensive, sandy waste, planted in pine, in which the elector has about
two hundred sangliers, tamed. I saw about fifty; the heavies I am told,
would weigh about three hundred pounds. They are fed on round potatoes,
and range in the forest of pines. At the village of Kaeferthal is a
plantation of rhubarb, begun in 1769 by a private company. It contains
twenty arpens or jourries, and its culture costs about four or five
hundred francs a year; it sometimes employs forty or fifty laborers
at a time. The best age to sell the rhubarb at is the fifth or sixth
year, but the sale being dull, they keep it sometimes to the tenth year;
they find it best to let it remain in the ground. They sell about two
hundred kentals a year at two or three francs a pound, and could sell
double that quantity from the ground if they could find a market. The
apothecaries of Francfort and of England are the principal buyers. It
is in beds, resembling lettice-beds; the plants four, five or six feet
apart. When dug, a thread is passed through every piece of root, and it
is hung separate in a kind of rack; when dry it is rasped; what comes
off is given to the cattle.
April 15. _Manheim._ _Spire._ _Carlsruhe._ The valley preserves its
width, extending on each side of the river about ten or twelve miles,
but the soil loses much in its quality, becoming sandy and lean, often
barren and overgrown with pine thicket. At Spire is nothing remarkable.
Between that and Carlsruhe we pass the Rhine in a common skow with oars,
where it is between three and four hundred yards wide. Carlsruhe is the
residence of the Margrave of Baden, a sovereign prince. His château is
built in the midst of a natural forest of several leagues diameter, and
of the best trees I have seen in these countries: they are mostly oak,
and would be deemed but indifferent in America. A great deal of money
has been spent to do more harm than good to the ground--cutting a number
of straight allies through the forest. He has a pheasantry of the gold
and silver kind, the latter very tame, but the former excessively shy.
A little inclosure of stone, two and a half feet high and thirty feet
diameter, in which are two tamed beavers. There is a pond of fifteen
feet diameter in the centre, and at each end a little cell for them to
retire into, which is stowed with boughs and twigs with leaves on them,
which is their principal food. They eat bread also;--twice a week the
water is changed. They cannot get over this wall Some cerfs of a peculiar
kind, spotted like fawns, the horns remarkably long, small and sharp,
with few points. I am not sure there were more than two to each main
beam, and if I saw distinctly, there came out a separate and subordinate
beam from the root of each. Eight angora goats--beautiful animals--all
white. This town is only an appendage of the château, and but a moderate
one. It is a league from Durlach, half way between that and the river.
I observe they twist the flues of their stoves in any form for ornament
merely, without smoking, as thus, _e. g._
[Illustration]
April 16. _Carlsruhe._ _Rastadt._ _Scholhoven._ _Bischofheim._ _Kehl._
_Strasburg._ The valley of the Rhine still preserves its breadth, but
varies in quality; sometimes a rich mulatto loam, sometimes a poor sand,
covered with small pine. The culture is generally corn. It is to be
noted, that through the whole of my route through the Netherlands and
the valley of the Rhine, there is a little red clover every here and
there, and a great deal of grape cultivated. The seed of this is sold
to be made into oil. The grape is now in blossom. No inclosures. The
fruit trees are generally blossoming through the whole valley. The high
mountains of the Bergstrasse, as also of Alsace, are covered with snow.
Within this day or two, the every-day dress of the country women here is
black. Rastadt is a seat also of the Margrave of Baden. Scholhoven and
Kehl are in his territory, but not Bischofheim. I see no beggars since
I entered his government, nor is the traveller obliged to ransom himself
every moment by a chausiee gold. The roads are excellent, and made so, I
presume, out of the coffers of the prince. From Cleves till I enter the
Margravate of Baden, the roads have been strung with beggars--in Hesse
the most, and the road tax very heavy. We pay it cheerfully, however,
through the territory of Francfort and thence up the Rhine, because
fine gravelled roads are kept up; but through the Prussian, and other
parts of the road below Francfort, the roads are only as made by the
carriages, there not appearing to have been ever a day's work employed
on them. At Strasburgh we pass the Rhine on a wooden bridge.
At _Brussels and Antwerp_, the fuel is pit-coal, dug in Brabant. Through
all Holland it is turf. From Cleves to Cologne it is pit-coal brought
from England. They burn it in open stoves. From thence it is wood, burnt
in close stoves, till you get to Strasburg, where the open chimney comes
again into use.
April 16th, 17th, 18th. _Strasburg._ The vin de paille is made in the
neighborhood of Colmar, in Alsace, about ---- from this place. It takes
its name from the circumstance of spreading the grapes on straw, where
they are preserved till spring, and then made into wine. The little juice
then remaining in them makes a rich sweet wine, but the dearest in the
world, without being the best by any means. They charge nine florins the
bottle for it in the taverns of Strasburg. It is the caprice of wealth
alone which continues so losing an operation. This wine is sought because
dear; while the better wine of Frontignan is rarely seen at a good table
because it is cheap.
_Strasburg._ _Saverne._ _Phalsbourg._ As far as Saverne the country is
in waiving hills and hollows; red, rich enough; mostly in small grain,
but some vines; a little stone. From Saverne to Phalsbourg we cross a
considerable mountain, which takes an hour to rise it.
[Illustration: Fig.1]
[Illustration: Fig.2]
April 19th. _Phalsbourg._ _Fenestrange._ _Moyenvic._ _Nancy._ Asparagus
to-day at Moyenvic. The country is always either mountainous or hilly;
red, tolerably good, and in small grain. On the hills about Fenestrange,
Moyenvic, and Nancy, are some small vineyards where a bad wine is made.
No inclosures. Some good sheep, indifferent cattle, and small horses. The
most forest I have seen in France, principally of beech, pretty large.
The houses, as in Germany, are of scantling, filled in with wicker and
mortar, and covered either with thatch or tiles. The people, too, here
as there, are gathered in villages. Oxen plough here with collars and
hames. The awkward figure of their mould-board leads one to consider what
should be its form. The offices of the mould-board are to receive the sod
after the share has cut under it, to raise it gradually, and to reverse
it. The fore-end of it then, should be horizontal to enter under the sod,
and the hind end perpendicular to throw it over; the intermediate surface
changing gradually from the horizontal to the perpendicular It should
be as wide as the furrow, and of a length suited to the construction of
the plough. The following would seem a good method of making it: Take
a block, whose length, breadth and thickness, is that of your intended
mould-board, suppose two and a half feet long and eight inches broad
and thick. Draw the lines _a d_ and _c d_, figure 1, with a saw, the
toothed edge of which is straight, enter at _a_ and cut on, guiding the
hind part of the saw on the line _a b_, and the fore part on the line
_a d_, till the saw reaches the points _c_ and _d_, then enter it at _c_
and cut on, guiding it by the lines _c b_ and _c d_ till it reaches the
points _b_ and _d_. The quarter, _a b c d_, will then be completely cut
out, and the diagonal from _d_ to _b_ laid bare. The piece may now be
represented as in figure 2. Then saw in transversely at every two inches
till the saw reaches the line _c e_, and the diagonal _b d_, and cut out
the pieces with an adze. The upper surface will thus be formed. With a
gauge opened to eight inches, and guided by the lines _c e_, scribe the
upper edge of the board from _d b_, cut that edge perpendicular to the
face of the board, and scribe it of the proper thickness. Then form the
underside by the upper, by cutting transversely with the saw and taking
out the piece with an adze. As the upper edge of the wing of the share
rises a little, the fore end of the board, _b c_, will rise as much
from a strict horizontal position, and will throw the hind end, _e d_,
exactly as much beyond the perpendicular, so as to promote the reversing
of the sod. The women here, as in Germany, do all sorts of work. While
one considers them as useful and rational companions, one cannot forget
that they are also objects of our pleasures; nor can they ever forget
it. While employed in dirt and drudgery, some tag of a ribbon, some ring,
or bit of bracelet, earbob or necklace, or something of that kind, will
show that the desire of pleasing is never suspended in them. It is an
honorable circumstance for man, that the first moment he is at his ease,
he allots the internal employments to his female partner, and takes the
external on himself. And this circumstance, or its reverse, is a pretty
good indication that a people are, or are not at their ease. Among the
Indians, this indication fails from a particular cause: every Indian
man is a soldier or warrior, and the whole body of warriors constitute
a standing army, always employed in war or hunting. To support that
army, there remain no laborers but the women. Here, then, is so heavy a
military establishment, that the civil part of the nation is reduced to
women only. But this is a barbarous perversion of the natural destination
of the two sexes. Women are formed by nature for attentions, not for
hard labor. A woman never forgets one of the numerous train of little
offices which belong to her. A man forgets often.
April 20th. _Nancy._ _Toule._ _Void._ _Ligny en Barrois._ _Bar le Duc._
_St. Dizier._ Nancy itself is a neat little town, and its environs very
agreeable. The valley of the little branch of the Moselle, on which it
is, is about a mile wide: the road then crossing the head-waters of the
Moselle, the Maes, and the Marne, the country is very hilly, and perhaps
a third of it poor and in forests of beech: the other two-thirds from
poor up to middling, red, and stony. Almost entirely in corn, now and
then only some vines on the hills. The Moselle at Toule is thirty or
forty yards wide: the Maese near Void about half that: the Marne at St.
Dizier about forty yards. They all make good plains of from a quarter
of a mile to a mile wide. The hills of the Maese abound with chalk.
The rocks coming down from the tops of the hills, on all the road of
this day, at regular intervals like the ribs of an animal, have a very
irregular appearance. Considerable flocks of sheep and asses, and, in
the approach to St. Dizier, great plantations of apple and cherry trees;
here and there a peach tree, all in general bloom. The roads through
Lorraine are strung with beggars.
April 21st. _St. Dizier._ _Vitry le Français._ _Chalons sur Marne._
_Epernay._ The plains of the Marne and Sault uniting, appear boundless
to the eye till we approach their confluence at Vitry, where the hills
come in on the right; after that the plains are generally about a mile,
mulatto, of middling quality, sometimes stony. Sometimes the ground goes
off from the river so sloping, that one does not know whether to call it
high or low land. The hills are mulatto also, but whitish, occasioned by
the quantity of chalk which seems to constitute their universal base.
They are poor, and principally in vines. The streams of water are of
the color of milk, occasioned by the chalk also. No inclosures, some
flocks of sheep; children gathering dung in the roads. Here and there
a château; but none considerable.
April 22d. _Epernay._ The hills abound with chalk. Of this they make
lime, not so strong as stone lime, and therefore to be used in greater
proportion. They cut the blocks into regular forms also, like stone, and
build houses of it. The common earth too, well impregnated with this,
is made into mortar, moulded in the form of brick, dried in the sun,
and houses built of them which last one hundred or two hundred years.
The plains here are a mile wide, red, good, in corn, clover, Luzerne,
St. Foin. The hills are in vines, and this being precisely the canton
where the most celebrated wines of Champagne are made, details must be
entered into. Remember, however, that they will always relate to the
white wines, unless where the red are expressly mentioned. The reason
is that their red wines, though much esteemed on the spot, are by no
means esteemed elsewhere equally with their white; nor do they merit
equal esteem.
A Topographical sketch of the position of the wine villages, the course
of the hills, and consequently the aspect of the vine-yards.
_Soil_, meagre, mulatto clay, mixed with small broken stone, and a little
hue of chalk. Very dry.
[Illustration]
_Aspect_, may be better seen by the annexed diagram. The wine of Aij
is made from _a_ to _b_, those of Dizij from _b_ to _c_, Auvillij _d_
to _e_, Cumieres _e_ to _f_, Epernay _g_ to _h_, Perij _i_ to _k_. The
hills are generally about two hundred and fifty feet high. The good wine
is made only in the middle region. The lower region, however, is better
than the upper; because this last is exposed to cold winds, and a colder
atmosphere.
_Culture._ The vines are planted two feet apart. Afterwards they are
multiplied (provignés). When a stock puts out two shoots they lay them
down, spread them open and cover them with earth, so as to have in the
end about a plant for every square foot. For performing this operation
they have a hook, of this shape, [Illustration] and nine inches long,
which, being stuck in the ground, holds down the main stock, while the
laborer separates and covers the new shoot. They leave two buds above
the ground. When the vine has shot up high enough, they stick it with
split sticks of oak, from an inch to an inch and a half square, and four
feet long, and tie the vine to its stick with straw. These sticks cost
two florins the hundred, and will last forty years. An arpent, one year
with another, in the fine vineyards, gives twelve pieces, and in the
inferior vineyards twenty-five pieces, of two hundred bottles each. An
arpent of the first quality sells for three thousand florins, and there
have been instances of seven thousand two hundred florins. The arpent
contains one hundred verges, of twenty-two pieds square. The arpent of
inferior quality sells at one thousand florins. They plant the vines in
a hole about a foot deep, and fill that hole with good mould, to make
the plant take. Otherwise it would perish. Afterwards, if ever they put
dung, it is very little. During wheat harvest there is a month or six
weeks that nothing is done in the vine-yard, that is to say, from the
1st of August to the beginning of vintage. The vintage commences early
in September, and lasts a month. A day's work of a laborer in the busiest
season is twenty sous, and he feeds himself: in the least busy season it
is fifteen sous. Corn lands are rented from four florins to twenty-four;
but vine lands are never rented. The three façons (or workings) of an
arpent cost fifteen florins. The whole year's expense of an arpent is
worth one hundred florins.
_Grapes._--The bulk of their grapes are purple, which they prefer for
making even white wine. They press them very lightly, without treading or
permitting them to ferment at all, for about an hour; so that it is the
beginning of the running only which makes the bright wine. What follows
the beginning is of a straw color, and therefore not placed on a level
with the first. The last part of the juice, produced by strong pressure,
is red and ordinary. They choose the bunches with as much care, to make
wine of the very first quality, as if to eat. Not above one-eighth of
the whole grapes will do for this purpose. The white grape, though not so
fine for wine as the red, when the red can be produced, and more liable
to rot in a moist season, yet grows better if the soil be excessively
poor, and therefore in such a soil is preferred, or rather, is used of
necessity, because there the red would not grow at all.
_Wine._--The white wines are either mousseux, sparkling, or non-mousseux,
still. The sparkling are little drunk in France, but are almost alone
known and drunk in foreign countries. This makes so great a demand, and
so certain a one, that it is the dearest by about an eighth, and therefore
they endeavor to make all sparkling if they can. This is done by bottling
in the spring, from the beginning of March till June. If it succeeds,
they lose abundance of bottles, from one-tenth to one-third. This is
another cause increasing the price. To make the still wine, they bottle
in September. This is only done when they know from some circumstance
that the wine will not be sparkling. So if the spring bottling fails to
make a sparkling wine, they decant it into other bottles in the fall,
and it then makes the very best still wine. In this operation, it loses
from one-tenth to one-twentieth by sediment. They let it stand in the
bottles in this case forty-eight hours, with only a napkin spread over
their mouths, but no cork. The best sparkling wine, decanted in this
manner, makes the best still wine, and which will keep much longer than
that originally made still by being bottled in September. The sparkling
wines lose their briskness the older they are, but they gain in quality
with age to a certain length. These wines are in perfection from two to
ten years old, and will even be very good to fifteen. 1766 was the best
year ever known. 1775 and 1776 next to that. 1783 is the last good year,
and that not to be compared with those. These wines stand icing very well.
_Aij._ M. Dorsay makes one thousand and one hundred pieces, which
sell, as soon as made, at three hundred florins, and in good years four
hundred florins, in the cask. I paid in his cellar, to M. Louis, his
homme d'affaires, for the remains of the year 1783, three florins ten
sous the bottle. Sparkling Champagne, of the same degree of excellence,
would have cost four florins, (the piece and demiqueue are the same;
the feuillette is one hundred bottles.) M. le Duc makes four hundred to
five hundred pieces. M. de Villermont, three hundred pieces. M. Janson,
two hundred and fifty pieces. All of the first quality, red and white
in equal quantities.
_Auvillaij._ The Benedictine monks make one thousand pieces, red and
white, but three-fourths red, both of the first quality. The king's
table is supplied by them. This enables them to sell at five hundred
and fifty florins the piece. Though their white is hardly as good as
Dorsay's, their red is the best. L'Abbatiale, belonging to the bishop of
the place, makes one thousand to twelve hundred pieces, red and white,
three-fourths red, at four hundred to five hundred and fifty florins,
because neighbors to the monks.
_Cumieres_ is all of the second quality, both red and white, at one
hundred and fifty to two hundred florins the piece.
_Epernay._ Madame Jermont makes two hundred pieces at three hundred
florins. M. Patelaine, one hundred and fifty pieces. M. Mare, two
hundred pieces. M. Chertems, sixty pieces. M. Lauchay, fifty pieces. M.
Cousin (Aubergiste de l'hôtel de Róhan à Epernay), one hundred pieces.
M. Pierrot, one hundred pieces. Les Chanoines regulieres d'Epernay, two
hundred pieces. Mesdames les Ursulines religieuses, one hundred pieces.
M. Gilette, two hundred pieces. All of the first quality; red and white
in equal quantities.
_Pierrij._ M. Casotte makes five hundred pieces. M. de la Motte, three
hundred pieces. M. de Failli, three hundred pieces. I tasted his wine of
1779, one of the good years. It was fine, though not equal to that of M.
Dorsay, of 1783. He sells it at two florins ten sous to merchants, and
three florins to individuals. Les Seminaristes, one hundred and fifty
pieces. M. Hoquart, two hundred pieces. All of the first quality; white
and red in equal quantities.
At Cramont, also, there are some wines of the first quality made. At
Avisi also, and Aucy, Le Meni, Mareuil, Verzis-Verzenni. This last place
belongs to the Marquis de Sillery. The wines are carried to Sillery, and
there stored, whence they are called Vins de Sillery, though not made
at Sillery.
All these wines of Epernay and Pierrij sell almost as dear as M. Dorsay's,
their quality being nearly the same. There are many small proprietors who
might make wine of the first quality, if they would cull their grapes,
but they are too poor for this. Therefore, the proprietors before named,
whose names are established, buy of the poorer ones the right to cull
their vineyards, by which means they increase their quantity, as they
find about one-third of the grapes will make wines of the first quality.
The lowest-priced wines of all are thirty florins the piece, red or
white. They make brandy of the pumice. In very bad years, when their
wines become vinegar, they are sold for six florins the piece, and made
into brandy. They yield one-tenth brandy.
White Champagne is deemed good in proportion as it is silky and still.
Many circumstances derange the scale of wines. The proprietor of the best
vineyard, in the best year, having bad weather come upon him while he is
gathering his grapes, makes a bad wine, while his neighbor, holding a more
indifferent vineyard, which happens to be ingathering while the weather
is good, makes a better. The M. de Casotte at Pierrij formerly was the
first house. His successors, by some imperceptible change of culture,
have degraded the quality of their wines. Their cellars are admirably
made, being about six, eight or ten feet wide, vaulted, and extending
into the ground, in a kind of labyrinth, to a prodigious distance, with
an air-hole of two feet diameter every fifty feet. From the top of the
vault to the surface of the earth, is from fifteen to thirty feet. I
have nowhere seen cellars comparable to these. In packing their bottles,
they lay on their side; then cross them at each end, they lay laths, and
on these another row of bottles, heads and points; and so on. By this
means, they can take out a bottle from the top, or where they will.
April 23d. _Epernay._ _Château Thieray._ _St. Jean._ _Meaux._ _Vergalant._
_Paris._ From Epernay to St. Jean the road leads over hills, which in
the beginning are indifferent, but get better towards the last. The
plains, wherever seen, are inconsiderable. After passing St. Jean, the
hills become good, and the plains increase. The country about Vergalant
is pretty. A skirt of a low ridge which runs in on the extensive plains
of the Marne and Seine, is very picturesque. The general bloom of fruit
trees proves there are more of them than I had imagined from travelling
in other seasons, when they are less distinguishable at a distance from
the forest trees.
XIV.
_Travelling notes for Mr. Rutledge and Mr. Shippen, June 3, 1788._
_General Observations._--On arriving at a town, the first thing is to
buy the plan of the town, and the book noting its curiosities. Walk
round the ramparts when there are any, go the top of a steeple to have
a view of the town and its environs.
When you are doubting whether a thing is worth the trouble of going to
see, recollect that you will never again be so near it, that you may
repent the not having seen it, but can never repent having seen it.
But there is an opposite extreme too, that is, the seeing too much. A
judicious selection is to be aimed at, taking care that the indolence
of the moment have no influence in the decision. Take care particularly
not to let the porters of churches, cabinets, &c., lead you through all
the little details of their profession, which will load the memory with
trifles, fatigue the attention, and waste that and your time. It is
difficult to confine these people to the few objects worth seeing and
remembering. They wish for your money, and suppose you give it the more
willingly the more they detail to you.
When one calls in the taverns for the _vin du pays_, they give what
is natural and unadulterated and cheap: when _vin etrangere_ is called
for, it only gives a pretext for charging an extravagant price for an
unwholesome stuff, very often of their own brewery. The people you will
naturally see the most of will be tavern keepers, _valets de place_, and
postilions. These are the hackneyed rascals of every country. Of course
they must never be considered when we calculate the national character.
_Objects of attention for an American._--1. Agriculture. Everything
belonging to this art, and whatever has a near relation to it. Useful
or agreeable animals which might be transported to America. Species of
plants for the farmer's garden, according to the climate of the different
States.
2. Mechanical arts, so far as they respect things necessary in America,
and inconvenient to be transported thither ready-made, such as forges,
stone quarries, boats, bridges, (very especially,) &c., &c.
3. Lighter mechanical arts, and manufactures. Some of these will be
worth a superficial view; but circumstances rendering it impossible that
America should become a manufacturing country during the time of any man
now living, it would be a waste of attention to examine these minutely.
4. Gardens, peculiarly worth the attention of an American, because it is
the country of all others where the noblest gardens may be made without
expense. We have only to cut out the superabundant plants.
5. Architecture worth great attention. As we double our numbers every
twenty years, we must double our houses. Besides, we build of such
perishable materials, that one half of our houses must be rebuilt in
every space of twenty years, so that in that time, houses are to be
built for three-fourths of our inhabitants. It is, then, among the most
important arts; and it is desirable to introduce taste into an art which
shows so much.
6. Painting. Statuary. Too expensive for the state of wealth among us. It
would be useless, therefore, and preposterous, for us to make ourselves
connoisseurs in those arts. They are worth seeing, but not studying.
7. Politics of each country, well worth studying so far as respects
internal affairs. Examine their influence on the happiness of the people.
Take every possible occasion for entering into the houses of the laborers,
and especially at the moments of their repast; see what they eat, how
they are clothed, whether they are obliged to work too hard; whether
the government or their landlord takes from them an unjust proportion
of their labor; on what footing stands the property they call their own,
their personal liberty, &c., &c.
8. Courts. To be seen as you would see the tower of London or menagerie
of Versailles, with their lions, tigers, hyenas, and other beast of prey,
standing in the same relation to their fellows. A slight acquaintance
with them will suffice to show you that, under the most imposing exterior,
they are the weakest and worst part of mankind. Their manners, could you
ape them, would not make you beloved in your own country, nor would they
improve it could you introduce them there to the exclusion of that honest
simplicity now prevailing in America, and worthy of being cherished.
XV.
_Queries as to the rights and duties of the United States under her
treaties with France, and the laws of neutrality._
1st. Do the treaties between the United States and France give to France
or her citizens a _right_, when at war with a power with whom the United
States are at peace, to fit out originally and from the ports of the
United States, vessels armed for war with or without commission?
2d. If they give such a right, does it extend to all manner of armed
vessels, or to particular kinds only? If the latter, to what kinds does
it extend?
3d. Do they give to France or her citizens, in the case supposed, a right
to refit, or arm anew vessels, which, before their coming within any
port of the United States, were armed for war with or without commission?
4th. If they give such a right, does it extend to all manner of armed
vessels, or to particular kinds only? If the latter, to what kinds does
it extend? Does it include an _augmentation_ of force, or does it only
extend to placing the vessel in _status quo_?
5th. Does the twenty-second article of the treaty of commerce, in the case
supposed, extend to vessels armed for war on account of the Government
of a power at war with France, or to merchant-armed vessels belonging
to the subjects or citizens of that power, (viz.) of the description of
those which, by the English, are called letters of Marque ships; by the
French, "batiments armes en marchandize et en guerre"?
6th. Do the treaties aforesaid prohibit the United States from permitting
in the case supposed, the armed vessels belonging to a power at war with
France, or to the citizens or subjects of such power to come within the
ports of the United States, there to remain as long as they may think fit,
except in the case of their coming in with prizes made of the subjects
or property of France?
7th. Do they prohibit the United States from permitting in the case
supposed, vessels armed on account of the government of a power at war
with France, or vessels armed for merchandise and war, with or without
commission, on account of the subjects or citizens of such power, or
any vessels, other than those commonly called privateers, to sell freely
whatever they may bring into the ports of the United States, and freely
to purchase in and carry from the ports of the United States, goods,
merchandise, and commodities, except as excepted in the last question?
8th. Do they oblige the United States to permit France in the case
supposed, to sell in their ports the prizes which she or her citizens
may have made, of any power at war with her, the citizens or subjects
of such powers, or exempt from the payment of the usual duties on ships
and merchandise, the prizes so made, in the case of their being to be
sold within the ports of the United States?
9th. Do those treaties, particularly the Consular Convention, authorize
France, as of right, to erect courts within the jurisdiction of the
United States, for the trial and condemnation of prizes made by armed
vessels in her service?
10th. Do the laws and usages of nations authorize her, as of right, to
erect such courts for such purposes?
11th. Do the laws of neutrality, considered relatively to the treaties
of the United States with foreign powers, or independently of those
treaties, permit the United States in the case supposed, to allow to
France or her citizens, the privilege of fitting out _originally_ in and
from the ports of the United States, vessels armed and commissioned for
war, either on account of the government, or of private persons, or both?
12th. Do those laws permit the United States to extend the like privilege
to a power at war with France?
13th. Do the laws of neutrality, considered as aforesaid, permit the
United States, in the case supposed, to allow to France or her citizens
the privilege of refitting, or arming anew, vessels which, before their
coming within the United States, were armed and commissioned for war?
May such privilege include an _augmentation_ of the force of such vessels?
14th. Do those laws permit the United States to extend the like privilege
to a power at war with France?
15th. Do those laws in the case supposed, permit merchant vessels of
either of the powers at war to arm in the ports of the United States
without being commissioned? May this privilege be rightfully refused?
16th. Does it make any difference in point of principle, whether a vessel
be armed for war, or the force of an armed vessel be augmented in the
ports of the United States with means procured in the United States, or
with means brought into them by the party who shall so arm or augment
the force of such vessels? If the first be unlawful, is the last lawful?
17th. Do the laws of neutrality, considered as aforesaid, authorize the
United States to permit France, her subjects, or citizens, the sale within
their ports of prizes made of the subjects or property of a power at war
with France, before they have been carried into some port of France and
there condemned, refusing the privilege to her enemy?
18th. Do those laws authorize the United States to permit to France
the erection of courts within their territory and jurisdiction, for the
trial and condemnations of prizes refusing that privilege to a power at
war with France?
19th. If any armed vessel of foreign power at war with another, with
whom the United States are at peace, shall make prize of the subjects
or property of its enemy within the territory or jurisdiction of the
United States, have not the United States a right to cause restitution
of such prize? Are they bound or not by the principles of neutrality so
to do, if such prize shall be within their power?
20th. To what distance, by the laws and usages of nations, may the United
States exercise the right of prohibiting the hostilities of foreign
powers at war with each other, within rivers, bays, and arms of the sea,
and upon the sea along the coast of the United States?
21st. Have vessels armed for war, under commission from a foreign power,
a right without the consent of the United States, to engage within their
jurisdiction seamen or soldiers, for the service of such vessels, being
citizens of that power or of another foreign power, or citizens of the
United States?
22d. What are the articles by name to be prohibited to both or either
party?
23d. To what extent does the reparation permitted in the nineteenth
article of the treaty with France, go?
24th. What may be done as to vessels armed in our ports before the
President's proclamation? And what as to the prizes they made _before_
and _after_?
25th. May we within our own ports sell ships to both parties prepared
merely for merchandise? May they be pierced for guns?
26th. May we carry either or both kinds to the ports of the belligerent
powers for sale?
27th. Is the principle that free bottoms make free goods, and enemies
bottoms make enemies goods, to be considered as now an established part
of the law of nations?
28th. If it is not, are nations with whom we have no treaties, authorized
by the law of nations to take out of our vessels enemy passengers, not
being soldiers, and their baggage?
29th. May an armed vessel belonging to any of the belligerent powers,
follow _immediately_ merchant vessels, enemies departing from our ports,
for the purpose of making prizes of them? If not, how long ought the
former to remain after the latter has sailed? And what shall be considered
as the place of departure, from which the time is to be counted? And
how are the facts to be ascertained?
The first twenty-one questions by Alexander Hamilton.
Twenty-two to twenty-eight, by Thomas Jefferson.
Twenty-ninth, by the President.
XVI.
_Heads of consideration on the conduct we are to observe in the war
between Spain and Great Britain, and particularly should the latter
attempt the conquest of Louisiana and the Floridas._
The dangers to us, should Great Britain possess herself of those
countries:--
She will possess a territory equal to half ours beyond the Mississippi.
She will reduce that half of ours which is on this side of the
Mississippi;--by her language, laws, religion, manners, government,
commerce, capital;--by the possession of New Orleans, which draws to
it the dependence of all the waters of the Mississippi;--by the markets
she can offer them in the Gulf of Mexico and elsewhere.
She will take from the remaining part of our States the markets they
now have for their produce;--by furnishing those markets cheaper with
the same articles, tobacco, rice, indigo, bread, lumber, arms, naval
stores, furs.
She will have then possessions double the size of ours, as good in soil
and climate.
She will encircle us completely, by these possessions on our land-board,
and her fleets on our sea-board. Instead of two neighbors balancing each
other, we shall have one with more than the strength of both.
Would the prevention of this be worth a war?
Consider our abilities to take part in a war. Our operations would be
by land only. How many men should we need to employ?--their cost? Our
resources of taxation and credit equal to this.
Weigh the evil of this new accumulation of debt against the loss of
markets, and eternal expense and danger from so overgrown a neighbor.
But this is on supposition that France, as well as Spain, shall be engaged
in the war; for, with Spain alone, the war would be unsuccessful, and
our situation rendered worse.
No need to take a part in the war as yet. We may choose our own time.
Delay gives us many chances to avoid it altogether.
In such a choice of objects, Great Britain may not single out Louisiana
and the Floridas. She may fail in her attempt on them. France and Spain
may recover them.
If all these chances fail, we should have to re-take them. The difference
between re-taking and preventing, overbalanced by the benefits of delay.
Delay enables us to be better prepared to obtain from the allies a price
for our assistance.
Suppose these our ultimate views, what is to be done at this time?
1. As to Spain:--
If she be as sensible as we are, that she cannot save
Louisiana and the Floridas, might she not prefer their
independence to their subjection to Great Britain? Does
not the proposition of the Count d'Estaing furnish us an
opening to communicate our ideas on this subject to the
court of France, and through them to that of Madrid? and
our readiness to join them in guaranteeing the independence
of those countries? This might save us from a war, if Great
Britain respected our weight in a war; and if she does
not, the object would place the war on popular ground with us.
2. As to England?--say to Beckwith,--
That as to a treaty of commerce, we would prefer amicable
to adversary arrangements, though the latter would be
infallible, and in our own power: that our ideas are, that
such a treaty should be founded in perfect reciprocity, and
would, therefore, be its own price: that as to an alliance,
we can say nothing till its object be shown, and that it is
not to be inconsistent with existing engagements: that in
the event of a war between Great Britain and Spain, we are
disposed to be strictly neutral: that, however, we should
view with extreme uneasiness any attempts of either power
to seize the possessions of the other on our frontier, as
we consider our own safety interested in a due balance
between our neighbors. [It might be deemed advantageous
to express this latter sentiment, because, if there be
any difference of opinion in their councils, whether to
bend their force against North or South America, or the
islands (and certainly there is room for difference), and
if these opinions be nearly balanced, that balance ought
to be determined by the prospect of having an enemy the
more or less, according to the object they should select.]
July 12th, 1790.
XVII.
_Heads of consideration on the Navigation of the Mississippi, for Mr.
Carmichael, Aug. 22d, 1790._
We have a _right_ to the navigation of the Mississippi--1, by Nature;
2, by Treaty.
It is _necessary_ to us. More than half the territory of the United States
is on the waters of that river. Two hundred thousand of our citizens are
settled on them, of whom forty thousand bear arms. These have no other
outlet for their tobacco, rice, corn, hemp, lumber, house timber, ship
timber.
We have hitherto respected the indecision of Spain, because we wish
peace;--because our western citizens have had vent at home for their
productions.
A surplus of production begins now to demand foreign markets. Whenever
they shall say, "We cannot, we will not, be longer shut up," the United
States will be reduced to the following dilemma: 1. To force them to
acquiescence. 2. To separate from them, rather than take part in a war
against Spain. 3. Or to preserve them in our Union, by joining them in
the war.
The 1st is neither in our principles, nor in our power. 2d. A multitude
of reasons decide against the second. It may suffice to speak out one:
were we to give up half our territory rather than engage in a just war
to preserve it, we should not keep the other half long. 3d. The third
is the alternative we must adopt.
How are we to obtain that navigation?
(A.) By _Force_.
I. Acting _separately_. That we can effect this with
certainty and promptitude, circumstances decide.
_Objection._ We cannot retain New Orleans, for instance,
were we to take it.
_Answer._ A moderate force may be so secured, as to hold
out till succored. Our succors can be prompt and effectual.
Suppose, after taking it, we withdraw our force. If
Spain retakes it by an expedition, we can recover it by
a counter-expedition, and so as often as the case shall
happen. Their expedition will be slow, expensive, and lead
to catastrophes. Ours sudden, economical, and a check can
have no consequences. We should associate the country to
our Union. The inhabitants wish this. They are not disposed
to be of the Spanish government. It is idle in Spain to
suppose our Western inhabitants will unite with them.
They could be quiet but a short time under a government
so repugnant to their feelings. Were they to come under
it for present purposes, it would be with a view to throw
it off soon. Should they remain, they would communicate a
spirit of independence to those with whom they should be
mixed.
II. Acting in _conjunction_ with Great Britain, and with
a view to partition. The Floridas (including New Orleans)
would be assigned to us. Louisiana (or all the Western
waters of the Mississippi) to them. We confess that such
an alliance is not what we would wish. Because it may
eventually lead us into embarrassing situations with
our best friend, and put the power of two neighbors into
the hands of one. L. Lansdowne has declared he gave the
Floridas to Spain rather than the United States as a bone
of discord with the House of Bourbon, and of re-union with
Great Britain. Connolly's attempt (as well as other facts)
proves they keep it in view.
(B.) By _Negotiation_.
I. What must Spain do of _necessity_? The conduct of
Spain has proved that the occlusion of the Mississippi is
system with her. If she opens it now, it will be because
forced by imperious circumstances. She will consequently
shut it again when these circumstances cease. Treaty
will be no obstacle. Irregularities, real or pretended,
in our navigators, will furnish color enough. Perpetual
broils, and finally war will ensue. Prudence, and even
necessity, imposes on us the law of settling the matter
now, _finally_, and not by _halves_. With experience of the
past and prospect of the future, it would be imbecility
in us to accept the naked navigation. With that, we must
have what is necessary to its use, and without which it
would be useless to secure its continuance; that is, a
port near the mouth to receive our vessels and protect the
navigation. But even this will not secure the Floridas and
Louisiana against Great Britain. If we are neutral, she
will wrest those possessions from Spain. The inhabitants
(French, English, Scotch, American) would prefer England
to Spain.
II. What then had Spain better do of _choice_? Cede to us
all territory on our side of the Mississippi: on condition
that we guarantee all her possessions on the Western waters
of that river, she agreeing further, to subsidize us if
the guarantee brings us into the war.
Should Great Britain possess herself of the Floridas and
Louisiana, her governing principles are conquest, colonization,
commerce, monopoly. She will establish powerful colonies
in them. These can be poured into the Gulf of Mexico for
any sudden enterprise there, or invade Mexico, their next
neighbor, by land. Whilst a fleet co-operates along shore,
and cuts off relief. And proceed successively from colony
to colony.
With respect to us, if Great Britain establishes herself
on our whole land-board our lot will be bloody and eternal
war, or indissoluble confederacy. Which ought we to choose?
What will be the lot of the Spanish colonies in the jaws
of such a confederacy? What will secure the ocean against
the monopoly?
Safer for Spain that we should be her neighbor, than
England. Conquest not in our principles: inconsistent with
our government. Not our interest to cross the Mississippi
for ages. And will never be our interest to remain united
with these who do. Intermediate chances save the trouble
of calculating so far forward.
Consequences of this cession, and guarantee: 1. Every
subject of difference will be removed from between Spain
and the United States. 2. Our interest will be strongly
engaged in her retaining her American possessions. 3. Spain
will be quieted as to Louisiana, and her territories west
of that. 4. She may employ her whole force in defence of
her islands and Southern possessions. 5. If we preserve
our neutrality, it will be a very partial one to her. 6.
If we are forced into the war, it will be, as we wish, on
the side of the House of Bourbon. 7. Her privateers will
commit formidable depredation on the British trade, and
occupy much of their force. 8. By withholding supplies
of provision, as well as by concurring in expeditions,
the British islands will be in imminent danger. 9. Their
expenses of precaution, both for their continental and
insular possessions, will be so augmented as to give a
hope of running their credit down. In fine, for a narrow
slip of barren, detached, and expensive country, Spain
secures the rest of her territory, and makes an ally where
she might have a dangerous enemy.
XVIII.
_Questions to be considered of._
I. As to France.
Shall it be proposed to M. de Ternant to form a treaty ad referendum
to this effect: The citizens of the United States and of France, their
vessels, productions, and manufactures, shall be received and considered
each in all the dominions of the other as if they were the native
citizens, or the ships, productions, or manufactures of the other; and the
productions of the sea shall be received in all the dominions of each,
as if they were the productions of the country by the industry of whose
citizens they have been taken or produced from the sea. Saving only as
to the persons of their citizens, that they shall continue under those
in capacities for office, each with the other, which the constitution of
France, or of the United States, or any of them, have or shall establish
against foreigners of all nations, without exception?
If not, shall a treaty be proposed to him ad referendum, in which the
conditions shall be detailed on which the persons, ships, productions,
and manufactures of each shall be received with the other, and the
imports to which they shall be liable be formed into a tariff?
Shall the Senate be consulted in the beginning, in the middle, or only
at the close of this transaction?
II. As to England.
Shall Mr. Hammond be _now_ asked whether he is instructed to give us any
explanations of the intentions of his court, as to the detention of our
Western posts, and other infringements of our treaty with them?
Shall he be now asked whether he is authorized to conclude, or to
negotiate any commercial arrangements with us?
November 26, 1791.
XIX.
_Plan of a Bill concerning Consuls._
The matter of the bill will naturally divide as follows:
I. Foreign Consuls residing within the United States under a convention.
II. Consuls of the United States residing in foreign countries under a
convention.
III. Provision for future conventions, and cases where there is no
convention.
_Preliminary observations._--Nothing should be inserted in the bill
which is fully and adequately provided for by the convention with France,
because weak magistrates may infer from thence, that the parts omitted
were not meant by the Legislature to be enforced.
Are not the first, second and third sections of the printed bill
objectionable in this view? The instructions of the Executive to their
consuls will of course provide for the notification directed in the
second clause.
I. For carrying into full effect the convention between his most Christian
Majesty and the United States of America, entered into for the purpose
of defining and establishing the functions and privileges of their
respective Consuls and Vice-Consuls, Be it enacted by the Senate and
House of Representatives of the United States of America, that where, in
the seventh article of the said convention, it is agreed when there shall
be no Consul or Vice-Consul of his most Christian King to attend to the
saving of the wreck of any French vessel stranded on the coast of the
United States, or that the residence of the said Consul or Vice-Consul
(he not being at the place of the wreck) shall be more distant from the
same place than that of the competent judge of the country, the latter
shall immediately proceed to perform the office therein prescribed, the
nearest (here name the officer) shall be the competent judge designated
in the said article, and it shall be incumbent on him to perform the
office prescribed in the said article, and according to the tenor thereof.
Go on to direct who, in conjunction with the Consul or Vice-Consul, (if
there be one,) shall ascertain the abatement of duties on the damaged
goods stipulated in this article.
Article 9th allows the Consuls of the most Christian King to arrest and
imprison deserted captains, officers, mariners, seamen, and all others
being part of a ship's crew. For which purpose they are to address
themselves to the courts, judges, and officers competent, who are to
aid in arresting the deserter, and to confine him in the prisons of the
country. Say who are the competent courts, judges, and officers to whom
he is to apply, and what prisons they shall use.
This clause confines the terms of imprisonment to three months. The
French Consuls represent that in many ports of the United States, no
opportunity of re-conveying by a French ship occurs within that term, and
they ask a longer. Suppose it be referred to the Federal district judge
on application by the French Consul, and on his showing good cause, to
prolong the term from time to time, not exceeding three months additional
in the whole.
Article 12th. It is necessary to authorize some officer to execute
the sentences of the Consul, _not extending to life, limb or liberty_.
Will it be best to require the Marshal residing at the port to do it,
(and make it the duty, where none resides, to appoint a deputy residing
there,) or to allow the Consul to constitute some person of his nation an
officer for the purpose? If it should be thought indifferent to us, it
might be well to pay the French the compliment of asking their minister
here which he would prefer, and it would shield us from complaints of
delinquencies in the executing officer.
II. Article 12th. Say by what law the Consul of the United States,
residing in the French dominion, shall decide the cases whereof he has
jurisdiction, viz.: by the same law by which the proper federal court
would decide the same case.
Direct appeals from Consular sentences to the proper Federal court,
and save defects of formality in proceedings, where the matter is
substantially stated.
Article 4th. Declare what validity the authentication under the Consular
seal, of any instrument executed in foreign countries, shall have in
the courts of the United States.
[Duties not prescribed in the Convention.]
To subsist ship-wrecked or wandering seamen till an opportunity offers
of sending them back to some port of the United States, and to oblige
every master of an American vessel homeward bound, to receive and bring
them back in a certain proportion; they working, if able.
Where a ship is sold in a foreign port, oblige the master to send back
the crew, or furnish wherewithal to do it, on pain of an arrest by the
Consul on his ship, his goods, and his person, (if the laws of the land
permit it,) until he does it.
Oblige all American masters (on pain of arrest, till compliance, of
their vessel, cargo, or person, or such other pain as shall be thought
effectual) on their arrival in any foreign port within the jurisdiction
of a Consul or Vice-Consul of the United States, to report to him or
his agent in the port, their ship's name, and owners, burthen, crew,
cargo, and its owners, from what port of the United States they cleared,
and at what ports they have touched. Also to report to the Consul the
cargo they take in, and the port or ports of destination, and to take
his certificate that such report has been made, on like pain.
Allow certain fees to Consuls where none are already allowed, for the
same services, by the laws of the countries in which they reside.
Allow salaries not exceeding three thousand dollars to one Consul in
each of the Barbary States.
III. Where there are Consuls of the United States residing in foreign
countries, with which we have no convention, but whose governments indulge
our Consuls in the exercise of functions, extend the provisions of this
bill, or such of them as such government permits, to such Consuls of
the United States residing with them.
Also where any Consular Convention shall hereafter be removed with
the same, or entered into with any other nation, with stipulations
corresponding to those provided for in this bill, extend the provisions
of the bill respectively to the Consuls on both sides.
XX.
_Matters to be arranged between the Governments of England and United
States. December 12th, 1791._
The discussions which are opening between Mr. Hammond and our government,
have as yet looked towards no objects but those which depend on the treaty
of peace. There are, however, other matters to be arranged between the
two governments, some of which do not rest on that treaty. The following
is a statement of the whole of them:
1st. The Western ports.
2d. The negroes carried away.
3d. The debt of their bank to Maryland, and perhaps Rhode Island.
4th. Goods taken from the inhabitants of Boston, while the town was in
their possession, and compensation promised.
5th. Prizes taken after the dates at which hostilities were to cease.
6th. Subsistence of prisoners.
7th. The Eastern boundary.
Which of these shall be taken into the present discussion?
Which of them shall be left to arrangement through the ordinary channels
of our ministers, in order to avoid embarrassing the more important
points with matters of less consequence?
On the subject of commerce shall Mr. Hammond be desired to produce his
powers to treat, as is usual, before conferences are held on that subject?
XXI.
_Memorandum of communications made to a committee of the Senate on the
subject of the diplomatic nominations to Paris, London, and the Hague.
January 4th, 1792._
The Secretary of State having yesterday received a note from Mr. Strong,
as chairman of a committee of the Senate, asking a conference with him
on the subject of the late diplomatic nominations to Paris, London, and
the Hague, he met them in the Senate-chamber in the evening of the same
day, and stated to them in substance what follows:--
That he should on all occasions be ready to give to the Senate, or to
any other branch of the government, whatever information might properly
be communicated, and might be necessary to enable them to proceed in
the line of their respective offices: that on the present occasion,
particularly, _as the Senate had to decide on the fitness of certain
persons to act for the United States at certain courts, they would be
the better enabled to decide, if they were informed of the state of our
affairs at those courts, and what we had to do there_: that when the
bill for providing the means of intercourse with foreign nations was
before the legislature, he had met the committees of each House, and
had given them the ideas of the executive as to the courts with which
we should keep diplomatic characters, and the grades we should employ:
that there were two principles, which decided on the courts, viz., 1,
_vicinage_; and 2, _commerce_: that the first operated in the cases of
London and Madrid, and the second in the same cases, and also in those
of France and Portugal; perhaps, too, of Holland: that as to all other
countries, our commerce and connections were too unimportant to call
for the exchange of diplomatic residents: that he thought we should
adopt the lowest grades admissible, to wit, at Paris that of minister
plenipotentiary, because that grade was already established there; the
same at London, because of the pride of that court, and perhaps the sense
of our country and its interests, would require a sort of equality of
treatment to be observed towards them; and for Spain and Lisbon, that
of chargé des affaires only; the Hague uncertain: that at the moment of
this bill, there was a complete vacancy of appointments between us and
France and England, by the accidental translations of the ministers of
France and the United States to other offices, and none as yet appointed
to, or from England: that in this state of things, the legislature had
provided for the grade of minister plenipotentiary, as one that was
to be continued, and showed they had their eye on that grade only, and
that of chargé des affaires; and that by the sum allowed, they approved
of the views then communicated: that circumstances had obliged us to
change the grade at Lisbon to minister resident, and this of course would
force a change at Madrid and the Hague, as had been communicated at the
time to the Senate; but that no change was made in the salary, that of
resident being made the same as had been established for a chargé des
affaires.----He then added, the new circumstances which had supervened on
those general ones in favor of these establishments, to wit, with Paris,
the proposal on their part to make a liberal treaty, the present situation
of their colonies which might lead to a freer commerce with them, and the
arrival of a minister plenipotentiary here; with London, their sending
a minister here in consequence of notorious and repeated applications
from us, the powers given him to arrange the differences which had
arisen about the execution of the treaty, to wit, the posts, negroes,
&c., which was now in train, and perhaps some authority to talk on the
subject of arrangements of commerce, and also the circumstances which
had induced that minister to produce his commission; with Madrid, the
communication from the king, that he was ready to resume the negociations
on the navigation of the Mississippi, and to arrange that, and a port of
deposit on the most friendly footing, if we would send a proper person
to Madrid for that purpose: he explained the idea of joining one of the
ministers in Europe to Mr. Carmichael for that purpose; with Lisbon, that
we had to try to obtain a right of sending flour there, and mentioned Del
Pinta's former favorable opinion on that subject: he stated, also, the
interesting situation of Brazil, and the dispositions of the court of
Portugal with respect to our warfare with the Algerines; with Holland,
the negotiating loans for the transfer of the whole French debt there,
an operation which must be of some years, because there is but a given
sum of new money to be lent to any one nation. He then particularly
recapitulated the circumstances which justified the President's having
continued the grade of minister plenipotentiary; but added, that whenever
the biennial bill should come on, each House would have a constitutional
right to review the establishment again, and whenever it should appear
that either House thought any part of it might be reduced, on giving to
the executive time to avail themselves of the first convenient occasion
to reduce it, the executive could not but do it; but that it would be
extremely injurious now, or at any other time, to do it so abruptly as
to occasion the recall of ministers, or unfriendly sensations in any of
those countries with which our commerce is interesting.
That a circumstance, recalled to the recollection of the Secretary of
State this morning, induced him immediately to add to the preceding
verbal communication a letter addressed to Mr. Strong in the following
words:--
PHILADELPHIA, January 4th, 1792.
"SIR,--I am just now made to recollect a mistake in one
of the answers I gave last night in the committee of the
Senate, and which, therefore, I beg leave to correct. After
calling to their minds the footing on which Mr. Morris
had left matters at the court of London, and informing
them of what had passed between the British minister here
and myself, I was asked whether this was all that had
taken place? Whether there had been no other or further
engagement? I paused, you may remember, to recollect. I
knew nothing more had passed on the other side the water,
because Mr. Morris' powers there had been determined,
and I endeavored to recollect whether anything else had
passed with Mr. Hammond and myself. I answered that this
was all, and added in proof, that I was sure nothing had
passed between the President and Mr. Hammond, personally,
and so I might safely say this was all. It escaped me that
there had been an informal agent here, (Colonel Beckwith,)
and so informal that it was thought proper that I should
never speak on business with him, and that on a particular
occasion, the question having been asked whether if a
British minister should be sent here, we would send one
in exchange? It was said, through another channel, that
one would doubtless be sent. Having only been present when
it was concluded to give the answer, and not having been
myself the person who communicated it, nor having otherwise
had any conversation with Colonel Beckwith on the subject,
it absolutely escaped my recollection at the moment the
committee put the question, and I now correct the error
I committed in my answer, with the same good faith with
which I committed the error in the first moment. Permit me
to ask the favor of you, sir, to communicate this to the
other members of the committee, and to consider this as
a part of the information I have had the honor of giving
the committee on the subject.
I am with the most perfect esteem, sir, Your most obedient
and most humble servant."
Which letter, with the preceding statement, contains the substance of
what the Secretary of State has communicated to the committee, as far
as his memory enables him to recollect.
XXII.
_Considerations on the subjects of Ransom, and Peace with the Algerines.
April 1st, 1792._
I. The Ransom of our captive citizens, being fourteen in number.
For facts on this subject refer to the Reports of December 28th, 1790,
on the same ransom, and on the Mediterranean trade, and to Mr. Short's
letter of August 21st, 1791, sent to the Senate.
The probable cost will be one thousand five hundred dollars for the
common men, and half as much more for officers: adding presents, duties,
and other expenses, it will be little short of forty thousand dollars.
This must be ready money, and consequently requires a joint, but secret
vote of both houses. An agent must be sent for the purpose.
II. Peace, how best to be obtained?
1st. By war; that is to say, by constant cruises in the Mediterranean.
This proved practicable by the experiment of M. de Massiac, by the
Portuguese cruise. The co-operation of Portugal, Naples, Genoa, and Malta,
could possibly be obtained, but the expense would be considerable. Vessels
mounting one hundred guns in the whole, would probably be wanting on our
part. These would cost in the outset four hundred thousand dollars, and
annually afterwards one hundred and twenty-five thousand dollars. It may
be doubted if this expense could be met during the present Indian war.
If it could, it is the most honorable and efficacious way of having peace.
2d. By paying a gross sum for a peace of fifty years. Respectable
opinions vary from three hundred thousand to one million dollars, as
to the first cost. Then are to follow frequent occasional presents; and
with all this, the peace will not be respected unless we appear able to
enforce it; and if able to enforce it, why not rely on that solely? The
same question arises here, to wit: are we able to meet this expense at
present?
3d. By tribute annually.
The Dutch, Danes, Swedes, and Venetians, pay about twenty-four thousand
dollars a year. We might, perhaps, obtain it for something less. If for
ten or fifteen thousand dollars, it might be eligible. And by a tariff
for the ransom of the captives they shall take from us. If low, this
might do for the present. The agent to be sent for the purpose of ransom
might be authorized to treat; but should also make himself acquainted
with their coast, harbor, vessels, manner of fighting, &c. On either of
these plans a vote of the Senate will be requisite.
On the 1st or 2d the Representatives should be consulted, and perhaps
on the 3d or 4th. It will be best to bring it on by a message from the
President.
XXIII.
_Notes of a conversation with Mr. Hammond. June 3d, 1792._
Having received Mr. Hammond's letter of June 2d, informing me that my
letter of May 29th should be sent to his court for their instructions,
I immediately went to his house. He was not at home. I wrote him a
note, inviting him to come and dine with me alone, that we might confer
together in a familiar way on the subject of our letters, and consider
what was to be done. He was engaged, but said he would call on me any
hour the next day. I invited him to take a solo dinner the next day.
He accepted and came. After the cloth was taken off, and the servants
retired, I introduced the conversation by adverting to that part of his
letter wherein he disavowed any intentional deception, if he had been
misinformed, and had misstated any facts, assuring him that I acquitted
him of every suspicion of that kind: that he had been here too short a
time to be acquainted with facts himself, or to know the best sources
for getting at them: that I had found great difficulty myself in the
investigation of facts, and with respect to the proceedings of the
courts particularly, had been indebted to the circumstance of Congress
being in session, so that I could apply to the members of the different
States for information respecting their States. I told him that each
party having now stated the matters between the two nations in the point
of view in which they appeared to each, had hoped that we might by the
way of free conversation abridge what remained: that I expected we were
to take for our basis, that the treaty was to be fully executed: that,
on our part, we had pronounced our demands explicitly, to have the
upper posts delivered up, and the negroes paid for: that they objected
infractions on our part, which we denied: that we ought to proceed to
investigate the facts on which we differed: that this was the country
in which they could alone be investigated; and if it should be found
we had _unjustifiably_ broken the treaty, the case was of a nature to
admit of a proper compromise.
He said that he believed the question had never been understood by his
court;--admitted they had as yet heard only one side of it, and that
from a party which entertained strong feelings against us (I think he
said the Refugees): that the idea would be quite new to his court, of
their having committed the first infraction, and of the proceedings
on the subject of their debts here being on the ground of retaliation:
that this gave the case a complexion so entirely new and different from
what had been contemplated, that he should not be justified in taking a
single step: that he should send my letter to the ministers--that they
would be able to consider facts and dates, see if they had really been
the first infractors, and say what ground they would take on this new
state of the case: that the matter was now for the first time carried
into mutual discussion: that the close of my letter contained specific
propositions, to which they would of course give specific answers
adapted to the new statement of things brought forward. I replied, that
as to the fact of their committing the first infraction, it could not
be questioned: confessed that I believe the ministers which signed the
treaty, meant to execute it: that Lord Shelburne's plan was to produce
a new coalescence by a liberal conduct towards us: that the ministry
which succeeded thought the treaty too liberal, and wished to curtail
its effect in the course of executing it; but that if every move and
counter-move was to cross the Atlantic, it would be a long game indeed.
He said, no: that he thought they could take their ultimate ground at
once, on having before them a full view of the facts, and he thought it
fortunate that Mr. Bord, from whom he got most of his information, and
Lord Dorchester, would be on the spot to bring things to rights, and he
imagined he could receive his instructions before November.
I told him that I apprehended that Lord Dorchester would not feel a
disposition to promote conciliation, seeing himself marked personally as
an infractor; and mentioned to him the opinions entertained here of the
unfriendliness of Mr. Bord's mind towards us. He justified Mr. Bord. He
had received information from their other consuls, and the factors of the
merchants, who assured him that they could furnish proofs of the facts
they communicated to him, and which he had advanced on their authority,
and that he should now write to them to produce their authority. He
admitted that the debt to British subjects might be considered as
liquidated from the Potomac northward: that South Carolina was making
a laudable effort to pay hers; and that the only important object now
was, that of Virginia, amounting by his list to two millions sterling:
that the attention of the British merchants from North to South was
turned to the decision of the case of Jones and Walker, which he hoped
would take place at the present session, and let them see what they had
to depend on. I told him that I was sorry to learn that but two judges
had arrived in Richmond, and that unless the third arrived they would
not take it up. I desired him to observe that the question in that case
related only to that description of debts which had been paid into
the treasury: that without pretending to know with any accuracy what
proportion of the whole debt of Virginia had been paid into the treasury,
I believed it was a small one; but the case of Jones and Walker would
be a precedent for those debts only: that as to the great residuary
mass, there were precedents enough, as it appeared they were in a full
course of recovery, and that there was no obstacle, real or apparent.
He did not appear to have adverted to the distinction, and showed marks
of satisfaction on understanding that the question was confined to
the other portion of the debts only. He thought that the collection,
there being one under a hopeful way, would of itself change the ground
on which our difference stands. He observed that the treaty was of
itself so vague and inconsistent in many of its parts, as to require an
explanatory convention. He instanced the two articles, one of which gave
them the navigation of the Mississippi, and the other bounded them by a
due west line from the Lake of the Woods, which being now understood to
pass beyond the most northern sources of the Mississippi, intercepted
all access to that river: that to reconcile these articles, that line
should be so run as to give them access to the navigable waters of the
Mississippi, and that it would even be for our interest to introduce a
third power between us and the Spaniards. He asked my idea of the line
from the Lake of the Woods, and of now settling it. I told him I knew
of no objection to the settlement of it: that my idea of it was, that
if it was an impassable line, as proposed in the treaty, it should be
rendered passable by as small and unimportant an alteration as might
be, which I thought would be to throw in a line running due north from
the northernmost source of the Mississippi, till it should strike the
western line from the Lake of the Woods: that the article giving them
a navigation in the Mississippi did not relate at all to this northern
boundary, but to the southern one, and to the secret article respecting
that: that he knew that our Provisional Treaty was made seven weeks
before that with Spain: that at the date of ours, their ministers had
still a hope of retaining Florida, in which case they were to come up
to the thirty-second degree, and in which case also the navigation of
the Mississippi would have been important; but that they had not been
able, in event, to retain the country to which the navigation was to
be an appendage. (It was evident to me that they had it in view to
claim a slice on our north-western quarter, that they may get into the
Mississippi; indeed, I thought it presented as a sort of make-weight with
the posts to compensate the great losses their citizens had sustained
by the infractions charged on us.)
I had hinted that I had not been without a hope, that an early possession
of the posts might have been given us as a commencement of full execution
of the treaty.
He asked me if I had conceived that he was authorized to write to the
Governor of Canada to deliver us the posts? I said I had. He smiled
at that idea, and assured me he had by no means any such authority. I
mentioned what I had understood to have passed between him and General
Dickinson, which was related to me by Mr. Hawkins, to wit: that the posts
might be delivered upon the assurance of the recovery of their debts in
Virginia. He said, that if any such thing as that had dropped from him,
it must have been merely as a private and unauthorized opinion, for that
the opinion of his court was, that the retention of the posts was but a
short compensation for the losses which their citizens had sustained, and
would sustain by the delay of their admission into our courts. (Putting
together this expression and his frequent declarations that the face of
the controversy was now so totally changed from what it was understood
to be at his court, that no instructions of his could be applicable to
it, I concluded that his court had entertained no thought of ever giving
up the posts, and had framed their instructions to him on a totally
different hypothesis.) He asked what we understood to be the boundary
between us and the Indians? I told him he would see by recurring to my
report on the North Western Territory, and by tracing the line there
described on Hutchins' map. What did I understand to be our right in the
Indian soil? 1st. A right of preëmption of their lands; that is to say,
the sole and exclusive right of purchasing from them whenever they should
be willing to sell. 2d. A right of regulating the commerce between them
and the whites. Did I suppose that the right of preëmption prohibited
any individual of another nation from purchasing lands which the Indians
should be willing to sell? Certainly. We consider it as established by
the usage of different nations into a kind of Jus gentium for America,
that a white nation settling down and declaring that such and such are
their limits, makes an invasion of those limits by any other white nation
an act of war, but gives no right of soil against the native possessors.
Did I think the right of regulating the commerce went to prohibit the
British traders from coming into the Indian territory? That has been
the idea. He said this would be hard on the Indians. I observed that
whichever way the principle was established, it would work equally on
both sides the line. I did not know whether we would gain or lose by
mutual admission or exclusion. He said they apprehended our intention
was to exterminate the Indians and take the lands. I assured him that,
on the contrary, our system was to protect them, even against our own
citizens: that we wish to get lines established with all of them, and
have no views even of purchasing any more lands of them for a long time.
We consider them as a maze chaussee, or police, for scouring the woods
on our borders, and preventing their being a cover for rovers and robbers.
He wished the treaty had established an independent nation between us
to keep us apart. He was under great apprehensions that it would become
a matter of bidding as it were, between the British and us, who should
have the greatest army there, and who should have the greatest force on
the lakes: that we, holding posts on this side the water, and they on
the other, soldiers looking constantly at one another, would get into
broils and commit the two nations in war. I told him we might perhaps
regulate by agreement the force to be kept on each side.
He asked what was our view in keeping a force there: that he apprehended
if we had these posts, we should be able to hinder vessels from passing.
I answered that I did not know whether the position of the present posts
was such as that no vessel could pass but within their gun-shot; but
that each party must have a plenty of such positions on the opposite
sides, exclusively of the present posts: that our view in possessing
these posts was to awe the Indians, to participate in the fur trade,
to protect that trade. Protect it against whom? Against the Indians.
He asked what I imagined to be their motives for keeping the posts? To
influence the Indians, to keep off a rival nation and the appearance of
having a rival nation, to monopolize the fur trade. He said he was not
afraid of rivals if the traders would have fair play. He thought it would
be better that neither party should have any military posts, but only
trading houses. I told him that the idea of having no military posts on
either side was new to me: that it had never been mentioned among the
members of the executive: that therefore I could only speak for myself
and say that, _primâ facie_, it accorded well with two favorite ideas
of mine, of leaving commerce free, and never keeping an unnecessary
soldier; but when he spoke of having no military posts on either side,
there might be difficulty in fixing the distance of the nearest posts.
He said that though his opinion on this subject was only a private one,
and he understood mine to be so also, yet he was much pleased that we
two seemed to think nearly alike, as it might lead to something. He said
that their principal object in the fur trade was the consumption of the
goods they gave in exchange for the furs. I answered that whether the
trade was carried on by English or Americans, it would be with English
goods, and the route would be, not through Canada, but by the shorter
channels of the Hudson or Potomac.
It is not pretended that the above is in the exact order, or the exact
words of the conversation. This was often desultory, and I can only answer
for having given generally the expression, and always the substance of
what passed.
XXIV.
_Extempore thoughts and doubts, on very superficially running over the
Bankrupt Bill._
The British statute excepts expressly farmers, graziers, drovers, as
such, though they buy to sell again. This bill has no exception.
The British adjudications exempt the buyers and sellers of bank-stock,
government papers, &c. What feelings guided the draughtsman in adhering
to his original in this case, and departing from it in the other?
The British courts adjudge that any artists may be bankrupts if the
materials of their art are bought, such as shoemakers, blacksmiths,
carpenters, &c. Will the body of our artists desire to be brought within
the vortex of this law? It will follow as a consequence that the master
who has an artist of this kind in his family, whether hired, indentured,
or a slave, to serve the purposes of his farm or family, but who may at
leisure times do something for his neighbors also, may be a bankrupt.
The British law makes a departure from the realm, i. e. out of the
mediation of British law, an act of bankruptcy. This bill makes a
departure from the _State wherein he resides_, (though into a neighboring
one where the laws of the United States run equally,) an act of
bankruptcy.
The commissioners may open houses, break open doors, chests, &c. Are
we really ripe for this? Is that spirit of independence and sovereignty
which a man feels in his own house, and which Englishmen felt when they
denominated their houses their castles, to be absolutely subdued? and
is it expedient that it should be subdued?
The lands of the bankrupt are to be taken, sold, &c. Is not this a
predominant question between the general and State Legislatures?
Is commerce so much the basis of the existence of the United States as
to call for a bankrupt law? On the contrary, are we not almost merely
agricultural? Should not all laws be made with a view essentially to
the poor husbandmen? When laws are wanting for particular descriptions
of other callings, should not the husbandmen be carefully excused from
their operation, and preserved under that of the general system only;
which general system is fitted to the condition of husbandmen?
XXV.
_Heads of conversation with Mr. Hammond._
That I communicated to the President his information of the consent of
the Western Indians to hold conferences of peace with us, in the presence
of Governor Simcoe:--took care to apprize him of the informality of
the conversation;--that it was accidental;--private;--the present to be
considered equally so:--unnecessary to note to him that nothing like a
mediation was suggested. 1st. Because so informal a conversation could
not include so formal a thing as a mediation. 2d. Because, an established
principle of public law among the white nations of America, that while
the Indians included within their limits retain all other national
rights, no other white nations can become their patrons, protectors, or
mediators, nor in any shape intermeddle between them and those within
whose limits they are. That Great Britain would not propose an example
which would authorize us to cross our boundary, and take under our
protection the Indians within her limits. 3d. Because, should the treaty
prove ineffectual, it would singularly commit the friendship of the two
nations.
That the idea of Governor Simcoe's attendance was presented only as a
thing desired by the Indians: that the consequences of this had been
considered. It is not necessary in order to effect a peace. Our views
so just, so moderate, that we have no fear of effecting peace if left to
ourselves. If it cannot be effected, it is much better that nobody on the
part of England should have been present;--for however our government is
persuaded of the sincerity of your assurances that you have not excited
the Indians, yet our citizens in general are not so. It will be impossible
to persuade them the negotiations were not defeated by British agents:
that, therefore, we do not pretend to make the exclusion of Governor
Simcoe a _sine quâ non_, provided he be there as a spectator, not as
a _party_, yet we should consider his declining to attend, either by
himself or any other person, as an instance of their friendship, and
as an evidence of it particularly calculated to make due impression on
the minds of our citizens. That the place fixed on by the Indians is
extremely inconvenient to us, because of the distance and difficulty
of transporting provisions there. Three hundred thousand rations will
probably be requisite, if three thousand Indians attend. That if we had
time, we would have proposed some other place, for example the Maumee
towns; but there not being time, we shall do our best to make provision.
1st. We shall collect and carry as much as possible through the Miami
channel. 2d. We shall hope for their permission to have purchases made
in Upper Canada, and brought along the lake.
XXVI.
_Instructions to Andrew Michaud for exploring the Western Boundary.
January, 1793._
Sundry persons having subscribed certain sums of money for your
encouragement to explore the country along the Missouri, and thence
westwardly to the Pacific ocean, having submitted the plan of the
enterprise to the directors of the American Philosophical society, and
the society having accepted of the trust, they proceed to give you the
following instructions:
They observe to you that the chief objects of your journey are to find
the shortest and most convenient route of communication between the
United States and the Pacific ocean, within the temperate latitudes,
and to learn such particulars as can be obtained of the country through
which it passes, its productions, inhabitants, and other interesting
circumstances. As a channel of communication between these States and
the Pacific ocean, the Missouri, so far as it extends, presents itself
under circumstances of unquestioned preference. It has, therefore, been
declared as a fundamental object of the subscription (not to be dispensed
with) that this river shall be considered and explored as a part of the
communication sought for. To the neighborhood of this river, therefore,
that is to say, to the town of Kaskaskia, the society will procure you
a conveyance in company with the Indians of that town now in Philadelphia.
From thence you will cross the Mississippi and pass by land to the nearest
part of the Missouri above the Spanish settlements, that you may avoid
the risk of being stopped.
You will then pursue such of the largest streams of that river as shall
lead by the shortest way and the lowest latitudes to the Pacific ocean.
When, pursuing those streams, you shall find yourself at the point
from whence you may get by the shortest and most convenient route to
some principal river of the Pacific ocean, you are to proceed to such
river, and pursue its course to the ocean. It would seem by the latest
maps as if a river called Oregon, interlocked with the Missouri for a
considerable distance, and entered the Pacific ocean not far southward
of Nootka Sound. But the society are aware that these maps are not to be
trusted so far as to be the ground of any positive instruction to you.
They therefore only mention the fact, leaving to yourself to verify it,
or to follow such other as you shall find to be the real truth.
You will in the course of your journey, take notice of the country
you pass through, its general face, soil, rivers, mountains, its
productions--animal, vegetable, and mineral--so far as they may be new
to us, and may also be useful or very curious; the latitudes of places
or material for calculating it by such simple methods as your situation
may admit you to practice, the names, members, and dwellings of the
inhabitants, and such particulars as you can learn of their history,
connection with each other, languages, manners, state of society, and
of the arts and commerce among them.
Under the head of animal history, that of the mammoth is particularly
recommended to your inquiries, as it is also to learn whether the Lama
or Paca of Peru, is found in those parts of this continent, or how far
north they come.
The method of preserving your observations is left to yourself, according
to the means which shall be in your power. It is only suggested that
the noting them on the skin might be best for such as may be the most
important, and that further details may be committed to the bark of
the paper-birch, a substance which may not excite suspicions among the
Indians, and little liable to injury from wet or other common accidents.
By the means of the same substance you may perhaps find opportunities,
from time to time, of communicating to the society information of your
progress, and of the particulars you shall have noted.
When you shall have reached the Pacific ocean, if you find yourself
within convenient distance of any settlement of Europeans, go to them,
commit to writing a narrative of your journey and observations, and take
the best measure you can for conveying it thence to the society by sea.
Return by the same, or some other route, as you shall think likely to
fulfil with most satisfaction and certainty the objects of your mission,
furnishing yourself with the best proofs the nature of the case will
admit of the reality and extent of your progress. Whether this shall be
by certificates from Europeans settled on the western coast of America,
or by what other means, must depend on circumstances. Ignorance of the
country through which you are to pass, and confidence in your judgment,
zeal, and discretion, prevent the society from attempting more minute
instructions, and even from exacting rigorous observance of those already
given, except, indeed, what is the first of all objects, that you seek for
and pursue that route which shall form the shortest and most convenient
communication between the higher parts of the Missouri and the Pacific
ocean.
It is strongly recommended to you to expose yourself in no case to
unnecessary dangers, whether such as might affect your health or your
personal safety, and to consider this not merely as your personal
concern, but as the injunction of science in general, which expects its
enlargement from your inquiries, and of the inhabitants of the United
States in particular, to whom your report will open new fields and
subjects of commerce, intercourse, and observation.
If you reach the Pacific ocean and return, the society assign to you
all the benefits of the subscription before mentioned. If you reach the
waters only which run into that ocean, the society reserve to themselves
the apportionment of the reward according to the conditions expressed
in the subscription. If you do not reach even those waters they refuse
all reward, and reclaim the money you may have received here under the
subscription.
They will expect you to return to the city of Philadelphia to give in to
them a full narrative of your journey and observations, and to answer
the inquiries they shall make of you, still reserving to yourself the
benefit arising from the publication of such parts of them as are in
the said subscription reserved to you.
XXVII.
_Memorandum relative to commissioners for laying off the federal city.
March 11th, 1793._
_Question 1st._--What sacrifice may be made to retain Mr. Johnson in
the office of commissioner for the federal territory?
_Answer._--For such an object, it is worth while to give up the plan
of an allowance per diem; to give, instead of that, a sum in gross, and
to extend that sum to five hundred dollars per annum, and expenses; the
latter to be rendered in account.
If Mr. Johnson persists in resigning, as it is evident Dr. Stewart will
not continue even for the above allowance, and Mr. Carroll does not
appear to make any conditions, the President will be free as to Mr.
Carroll and two new associates, to adhere to the allowance per diem
already proposed, or to substitute a sum in gross.
_Question 2d._--May new commissioners be chosen in the town?
_Answer._--It is strongly desirable that the commissioners should not
be of the town, nor interested in it; and this objection is thought a
counterpoise for a sensible difference in talents; but if persons of
adequate talents and qualifications cannot be found in the country,
it will be better to take them from the town, than to appoint men of
inadequate talents from the country.
_Question 3d._--How compensate them?
_Answer._--If they come from the country, the per diem allowance is
thought best; if from the town, a sum in gross will be best, and this
might be as far as three hundred dollars a year, and no allowance for
expenses. If partly from the town, and partly from the country, then
three hundred dollars a year to the former, and the same, with allowance
of expenses, to the latter.
Mr. Madison, Mr. Randolph and Thomas Jefferson having consulted together
on the preceding questions, with some shades of difference of opinion in
the beginning, concurred ultimately and unanimously in the above answers.
XXVIII.
_Note given to the President relative to Genet._
Mr. Genet's declaration to the President at his reception, that France
did not wish to engage the United States in the present war by the clause
of guarantee, but left her free to pursue her own happiness in peace,
has been repeated to myself in conversation, and to others, and even in
a public answer, so as to place it beyond question.
Some days after the reception of Mr. Genet (which was May 17th), I went to
his house on business. The Attorney General went with me to pay his first
visit. After he withdrew, Mr. Genet told me Mr. Fornant had delivered
him my letter of May 15th on the four memorials of Mr. Hammond. He said
something first of the case of the Grange, and then of the vessels armed
at Charleston. He said that on his arrival there, he was surrounded
suddenly by Frenchmen full of zeal for their country, pressing for
authority to arm with their own means for its assistance: that they would
fit out their own vessels, provide everything, man them, and only ask a
commission from him: that he asked the opinion of Governor Moultrie on
the subject, who said he knew no law to the contrary, but begged that
whatever was to be done, might be done without consulting him: that he
must know nothing of it, &c.: that hereupon he gave commission to the
vessels: that he was of opinion that he was justified, not only by the
opinions at Charleston, but by our treaties. I told him the President
had taken full advice on the subject, had very maturely considered it,
and had come to the decision expressed in my letter. He said he hoped
the President had not so absolutely decided it, but that he would hear
what was to be said against it. I told him I had no doubt but that
the President, out of respect to him and his country, would receive
whatever he should have to urge on the subject, and would reconsider
it with candor. He said he would make it his business to write me a
letter on the subject: that he thought the arming the privateers was
justifiable; but that if the President should finally decide otherwise
(though he could not think it would be right), yet he must submit; for
that assuredly his instructions were to do whatever would be agreeable
to us. He showed, indeed, by his countenance, his manner, and words,
that such an acquiescence would be with reluctance; but I was and am
persuaded he then meant it.
Mr. Genet called at my office on Tuesday sennight, or fortnight, say
(July 16th or 9th), but I think it was Tuesday sennight; and knew it was
on a Tuesday, because he went from thence to the President's. He was
summing up to me the strength of the French naval force now arrived.
I took that occasion to observe to him, that having such great means
in his hands, I thought he ought not to hesitate in abandoning to the
orders of the government the little pickeroons which had been armed
here unauthorized by them, and which occasioned so much embarrassment
and uneasiness: that certainly their good dispositions must be worth
more than the trifling services these little vessels could render. He
immediately declared, that having such a force in his hands, he had
abandoned every idea of further armament in our ports: that these small
objects were now beneath his notice, and he had accordingly written to
the consuls to stop everything further of that kind; but that as to those
which had been fitted out before, their honor would not permit them to
give them up, but he wished an oblivion of everything which had passed,
and that in future the measure so disagreeable to the government should
not be pursued, though he thought it clearly justifiable by the treaty.
I told him the government was of a different opinion: that both parties
indeed had equal right to construe the treaty: that, consequently, he
had done his duty in remonstrating against our construction, but that
since the government remained finally persuaded of the solidity of its
own construction, and had a right to act accordingly within their own
limits, it was now his duty, as a diplomatic man, to state the matter
to his government, to ask and await their orders, and in the meantime
to acquiesce, and by no means to proceed in opposition within our limits.
It was at the same time, he informed me, that he had sent out the Little
Democrat, July 26th, 1793, to obtain intelligence of the state of the
coast, and whether it was safe for the fleet to proceed round from
Norfolk to New York.
XXIX.
_Rules for the regulation of our conduct towards the belligerent Powers
recommended to the President for his adoption._
1st. The original arming and equipping of vessels in the ports of the
United States by any of the belligerent powers for military service,
offensive or defensive, is deemed unlawful.
2d. Equipments of merchant vessels by either of the belligerent parties
in the ports of the United States, purely for the accommodation of them
as such, is deemed lawful.
3d. Equipments in the ports of the United States of vessels of war in the
immediate service of the government of any of the belligerent parties,
which, if done to other vessels, would be of a doubtful nature, as
being applicable either to commerce or war, are deemed lawful, except
those which shall have made prize of the subjects, people or property
of France, coming with their prizes into the ports of the United States,
pursuant to the seventeenth article of our treaty of amity and commerce
with France.
4th. Equipments in the ports of the United States by any of the parties
at war with France, of vessels fitted for merchandise and war, whether
with or without commissions, which are doubtful in their nature, as
being applicable either to commerce or war, are deemed lawful, except
those which shall have made prize, &c.
5th. Equipments of any of the vessels of France in the ports of the
United States, which are doubtful in their nature, as being applicable
to commerce or war, are deemed lawful.
6th. Equipments of every kind in the ports of the United States of
privateers of the powers at war with France, are deemed unlawful.
7th. Equipments of vessels in the ports of the United States which are
of a nature solely adapted to war, are deemed unlawful; except those
stranded or wrecked, as mentioned in the eighteenth article of our treaty
with France, the sixteenth of our treaty with the United Netherlands,
the ninth of our treaty with Prussia, and except those mentioned in the
nineteenth article of our treaty with France, the seventeenth of our
treaty with the United Netherlands, the eighteenth of our treaty with
Prussia.
8th. Vessels of either of the parties not armed, or armed previous to
their coming into the ports of the United States, which shall not have
infringed any of the foregoing rules, may lawfully engage or enlist
therein their own subjects, or aliens not being inhabitants of the United
States, except privateers of the powers at war with France, and except
those vessels which shall have made prize, &c.
August 3, 1793. The foregoing rules having been considered by us at
several meetings, and being now unanimously approved, they are submitted
to the President of the United States.
TH: JEFFERSON. ALEXANDER HAMILTON.
H. KNOX. EDW: RANDOLPH.
XXX.
_Opinion relative to the propriety of convening the Legislature at an
earlier period than that fixed by law. August 4th, 1793._
The President having been pleased to propose for consideration, the
question whether it be proper or not to convene the Legislature at an
earlier period than that at which it is to meet by law, and at what
time? I am of opinion it will be proper.
1st. Because the protection of our southern frontiers seems to render
indispensable a war with the Creeks, which cannot be declared nor provided
for but by the Legislature, nor prudently undertaken by the Executive
on account of the consequences it may involve with respect to Spain.
2d. Because several Legislative provisions are wanting to enable the
government to steer steadily through the difficulties daily produced
by the war of Europe, and to prevent our being involved in it by the
incidents and perplexities to which it is constantly giving birth.
3d. Because, should we be involved in it, which is every day possible,
however anxiously we endeavor to avoid it, the Legislature, meeting a
month earlier, will place them a month forwarder in their provisions
for that state of things.
I think the first Monday in November would be a proper time for convening
them, because, while it would gain a month in making provisions to prevent
or prepare for war, it leaves such a space of time for their assembling
as will avoid exciting alarm either at home or abroad.
XXXI.
_Communication relative to our French relations. August 22d, 1793._
Thomas Jefferson has the honor to enclose to the President the letter of
the National Assembly to him, of December 22d, 1792. Its most distinct
object seems to have been to thank the United States for their measures
to St. Domingo. It glances blindly, however, at commercial arrangements,
and on the 19th of February, the same Assembly passed the decree putting
our commerce in their dominions on the footing of natives, and directing
their executive council to treat with us on the subject. On this the
following questions arise:
1st. Would the President choose to answer the letter, acknowledging
its receipt, thanking them in turn for the favors to our commerce,
and promising to consult the constitutional powers (the Senate) on the
subject of the treaty proposed?
2d. Would he rather choose to make no reply to the letter, but that Mr.
Morris be instructed to negotiate a renewal of Mr. Genet's powers to
treat, to his successor?
3d. Or would he choose that nothing be said on the subject to anybody?
If the President would in his judgment be for a treaty on the principles
of the decree, or any modification of them, the 1st or 2d measure will
be well to be adopted.
If he is against a treaty on those principles or any modification of
them, the 3d measure seems to be the proper one.
XXXII.
_Explanation of the origin of the principle that "free bottoms make free
goods." Dec. 20th, 1793._
A doubt being entertained whether the use of the word _modern_, as
applied to the _law of nations_ in the President's proclamation, be not
inconsistent with ground afterwards taken in a letter to Genet, I will
state the matter while it is fresh in my mind,--beginning it from an
early period.
It cannot be denied that according to the general law of nations, the
goods of an enemy are lawful prize in the bottom of a friend, and the
goods of a friend privileged in the bottom of an enemy; or in other
words, that _the goods follow the owner_. The inconvenience of this
principle in subjecting neutral vessels to vexatious searches at sea,
has for more than a century rendered it usual for nations to substitute
a _conventional_ principle _that the goods shall follow the bottom_,
instead of the _natural_ one before mentioned. France has done it in all
her treaties; so I believe had Spain, before the American Revolution.
Britain had not done it. When that war had involved those powers, Russia,
foreseeing that her commerce would be much harassed by the British ships,
engaged Denmark, Sweden, and Portugal to arm, and to declare that the
conventional principle should be observed by the powers at war, towards
neutrals, and that they would make common cause against the party who
should violate it; declaring expressly, at the same time, that that
Convention should be in force only during the war then existing. Holland
acceded to the Convention, and Britain instantly attacked her. But the
other neutral powers did not think proper to comply with their stipulation
of making common cause. France declared at once that she would conform
to the conventional principle. This in fact imposed no new obligation on
her, for she was already bound by her treaties with all those powers to
observe that principle. Spain made the same declaration. Congress gave
similar orders to their vessels; but Congress afterwards gave instructions
to their ministers abroad not to engage them in any future combination
of powers for the general enforcement of the conventional principle
that goods should follow the bottom, as this might at some time or other
engage them in a war for other nations; but to introduce the principle
separately with every nation by the treaties they were authorized to make
with each. It had been already done with France and Holland, and it was
afterwards done with Prussia, and made a regular part in every treaty they
proposed to others. After the war, Great Britain established it between
herself and France. When she engaged in the present war with France, it
was thought extremely desirable for us to get this principle admitted by
her, and hoping that as she had acceded to it in one instance, she might
be induced to admit it as a principle now settled by the common consent
of nations, (for every nation, belligerent or neutral, had stipulated
it on one or more occasions,) that she might be induced to consider it
as now become a _conventional_ law of nations, I proposed to insert the
word _modern_ in the proclamation, to open upon her the idea that we
should require the acquiescence in that principle as the condition of
our remaining in peace. It was thought desirable by the other gentlemen;
but having no expectation of any effect from it, they acquiesced in the
insertion of the word, merely to gratify me. I had another view, which
I did not mention to them, because I apprehended it would occasion the
loss of the word.
By the ancient law of nations, _e. g._ in the time of the Romans, the
furnishing a limited aid of troops, though stipulated, was deemed a
cause of war. In latter times, it is admitted not to be a cause of war.
This is one of the improvements in the law of nations. I thought we
might conclude, by parity of reasoning, that the guaranteeing a limited
portion of territory, in a stipulated case, might not, by the modern law
of nations, be a cause of war. I therefore meant by the introduction of
that word, to lay the foundation of the execution of our guarantee, by
way of negotiation with England. The word was, therefore, introduced,
and a strong letter was written to Mr. Pinckney to observe to Great
Britain that we were bound by our treaties with the other belligerent
powers to observe certain principles during this war: that we were
willing to observe the same principles towards her; and indeed, that
we considered it as essential to proceed by the same rule to all, and
to propose to her to select those articles concerning our conduct in a
case of our neutrality from any one of our treaties which she pleased;
or that we would take those from her own treaty with France, and make
a temporary Convention of them for the term of the present war; and he
was instructed to press this strongly. I told Genet that we had done
this; but instead of giving us time to work our principles into effect
by negotiation, he immediately took occasion in a letter, to threaten
that if we did not resent the conduct of the British in taking French
property in American bottoms, and protect their goods by _effectual
measures_ (meaning by arms), he would give direction that the principle
of our treaty of goods following the bottom, should be disregarded.
He was, at the same time, in the habit of keeping our goods taken in
British bottoms; so that they were to take the gaining alternative of
each principle, and give us the losing one. It became necessary to oppose
this in the answer to his letter, and it was impossible to do it soundly,
but by placing it on its true ground, to wit: that the law of nations
established as a general rule that _goods should follow the owner_, and
that the making them _follow the vessel_ was an exception depending on
special conventions only in those cases where the Convention had been
made: that the exception had been established by us in our treaties with
France, Holland, and Prussia, and that we should endeavor to extend it
to England, Spain, and other powers; but that till it was done, we had
no right to make war for the enforcement of it. He thus obliged us to
abandon in the first moment the ground we were endeavoring to gain, that
is to say, his ground against England and Spain, and to take the very
ground of England and Spain against him. This was my private reason for
proposing the term _modern_ in the proclamation; that it might reserve
us a ground to obtain the very things he wanted. But the world, who knew
nothing of these private reasons, were to understand by the expression
the _modern law of nations_, that law with all the improvements and
mollifications of it which an advancement of civilization in _modern_
times had introduced. It does not mean strictly anything which is not a
part of the _law of nations_ in _modern_ times, and therefore could not
be inconsistent with the ground taken in the letter to Genet, which was
that of the _law of nations_, and by no means could be equivalent to
a declaration by the President of the specific principle, that _goods
should follow the bottom_.
XXXIII.
_An account of the Capitol in Virginia._
The Capitol in the city of Richmond, in Virginia, is the model of the
Temples of Erectheus at Athens, of Balbec, and of the Maison quarrée of
Nismes. All of which are nearly of the same form and proportions, and
are considered as the most perfect examples of cubic architecture, as
the Pantheon of Rome is of the spherical. Their dimensions not being
sufficient for the purposes of the capitol, they were enlarged, but their
proportions rigorously observed. The capitol is of brick, one hundred
thirty-four feet long, seventy feet wide, and forty-five feet high,
exclusive of the basement. Twenty-eight feet of its length is occupied
by a portico of the whole breadth of the house, showing six columns in
front, and two intercolonnations in flank. It is of a single order,
which is Ionic; its columns four feet two inches diameter, and their
entablature running round the whole building. The portico is crowned by
a pediment, the height of which is two ninths of its span.
Within the body of the building, which is one hundred and six feet
long, are two tier of rooms twenty-one feet high each. In the lower,
at one end, is the room in which the Supreme court sets, thirty feet by
sixty-four feet with a vestibule fourteen feet by twenty-two feet, and
an office for their clerk, fourteen feet by thirteen feet. In the other
end is the room for the House of Delegates, thirty feet by sixty-four
feet, with a lobby fourteen feet by thirty-six feet. In the middle is
a room thirty-six feet square, of the whole height of the building, and
receiving its light from above. In the centre of this room is a marble
statue of General Washington, made at Paris, by Houdon, who came over
to Virginia for the express purpose of taking his form. The statue is
made accurately of the size of life. A peristile of columns in the same
room, six feet from the wall, and twenty-two and a half feet high with
their entablature, support a corridor above, serving as a communication
for all the upper apartments, the stairs landing in it. In the upper
tier is a Senate chamber thirty feet square, an office for their clerk,
five rooms for committees and juries, an office for the clerk of the
House of Delegates, a chamber for the Governor and Council, and a room
for their clerk. In the basement of the building are the Land office,
Auditor's office, and Treasury.
The drawings of the Façade and other elevations, were done by Clarissault,
one of the most correct architects of France, and author of the
antiquities of Nismes, among which was the Maison quarrée. The model in
stucco was made under his direction, by an artist who had been employed
many years in Greece, by the Count de Choiseul, ambassador of France
at Constantinople, in making models of the most celebrated remains of
ancient architecture in that country.
XXXIV.
_To the Speaker and House of Delegates of the Commonwealth of Virginia,
being a Protest against interference of Judiciary between Representative
and Constituent.--1797._
The petition of the subscribers, inhabitants of the counties of Amherst,
Albemarle, Fluvanna, and Coochland, sheweth:
That by the constitution of this State, established from its earliest
settlement, the people thereof have professed the right of being
governed by laws to which they have consented by representatives chosen
by themselves immediately: that in order to give to the will of the
people the influence it ought to have, and the information which may
enable them to exercise it usefully, it was a part of the common law,
adopted as the law of this land, that their representatives, in the
discharge of their functions, should be free from the cognizance or
coercion of the co-ordinate branches, Judiciary and Executive; and
that their communications with their constituents should of right, as
of duty also, be free, full, and unawed by any: that so necessary has
this intercourse been deemed in the country from which they derive
principally their descent and laws, that the correspondence between
the representative and constituent is privileged there to pass free of
expense through the channel of the public post, and that the proceedings
of the legislature have been known to be arrested and suspended at times
until the Representatives could go home to their several counties and
confer with their constituents.
That when, at the epoch of Independence, the constitution was formed
under which we are now governed as a commonwealth, so high were the
principles of representative government esteemed, that the legislature
was made to consist of two branches, both of them chosen immediately
by the citizens; and that general system of laws was continued which
protected the relations between the representative and constituent, and
guarded the functions of the former from the control of the Judiciary
and Executive branches.
That when circumstances required that the ancient confederation of this
with the sister States, for the government of their common concerns,
should be improved into a more regular and effective form of general
government, the same representative principle was preserved in the
new legislature, one branch of which was to be chosen directly by the
citizens of each State, and the laws and principles remained unaltered
which privilege the representative functions, whether to be exercised
in the State or General Government, against the cognizance and notice
of the co-ordinate branches, Executive and Judiciary; and for its safe
and convenient exercise, the inter-communication of the representative
and constituent has been sanctioned and provided for through the channel
of the public post, at the public expense.
That at the general partition of this commonwealth into districts, each of
which was to choose a representative to Congress, the counties of Amherst,
Albemarle, Fluvanna, and Coochland, were laid off into one district:
that at the elections held for the said district, in the month of April,
in the years 1795 and 1797, the electors thereof made choice of Samuel
Jordan Cabell, of the county of Amherst, to be their representative in
the legislature of the general government; that the said Samuel Jordan
Cabell accepted the office, repaired at the due periods to the legislature
of the General Government, exercised his functions there as became a
worthy member, and as a good and dutiful representative was in the habit
of corresponding with many of his constituents, and communicating to us,
by way of letter, information of the public proceedings, of asking and
receiving our opinions and advice, and of contributing, as far as might
be with right, to preserve the transactions of the general government
in unison with the principles and sentiments of his constituents: that
while the said Samuel J. Cabell was in the exercise of his functions
as a representative from this district, and was in the course of that
correspondence which his duty and the will of his constituents imposed
on him, the right of thus communicating with them, deemed sacred under
all the forms in which our government has hitherto existed, never
questioned or infringed even by Royal judges or governors, was openly
and directly violated at a Circuit court of the General Government, held
at the city of Richmond, for the district of Virginia, in the month of
May of this present year, 1790: that at the said court, A, B, &c., some
of whom were foreigners, having been called upon to serve in the office
of grand jurors before the said court, were sworn to the duties of said
office in the usual forms of the law, the known limits of which duties
are to make presentment of those acts of individuals which the laws have
declared to be crimes or misdemeanors: that departing out of the legal
limits of their said office, and availing themselves of the sanction of
its cover, wickedly and contrary to their fidelity to destroy the rights
of the people of this commonwealth, and the fundamental principles of
representative government, they made a presentment of the act of the
said Samuel J. Cabell, in writing letters to his constituents in the
following words, to wit: "We, of the grand jury of the United States, for
the district of Virginia, present as a real evil, the circular letters
of several members of the late Congress, and particularly letters with
the signature of Samuel J. Cabell, endeavoring, at a time of real public
danger, to disseminate unfounded calumnies against the happy government
of the United States, and thereby to separate the people therefrom;
and to increase or produce a foreign influence, ruinous to the peace,
happiness, and independence of these United States."
That the grand jury is a part of the Judiciary, not permanent indeed,
but in office, _pro hac vice_ and responsible as other judges are for
their actings and doings while in office: that for the Judiciary to
interpose in the legislative department between the constituent and his
representative, to control them in the exercise of their functions or
duties towards each other, to overawe the free correspondence which exists
and ought to exist between them, to dictate what communications may pass
between them, and to punish all others, to put the representative into
jeopardy of criminal prosecution, of vexation, expense, and punishment
before the Judiciary, if his communications, public or private, do
not exactly square with their ideas of fact or right, or with their
designs of wrong, is to put the legislative department under the feet
of the Judiciary, is to leave us, indeed, the shadow, but to take away
the substance of representation, which requires essentially that the
representative be as free as his constituents would be, that the same
interchange of sentiment be lawful between him and them as would be
lawful among themselves were they in the personal transaction of their own
business; is to do away the influence of the people over the proceedings
of their representatives by excluding from their knowledge, by the terror
of punishment, all but such information or misinformation as may suit
their own views; and is the more vitally dangerous when it is considered
that grand jurors are selected by officers nominated and holding their
places at the will of the Executive: that they are exposed to influence
from the judges who are nominated immediately by the Executive, and who,
although holding permanently their commissions as judges, yet from the
career of additional office and emolument _actually_ opened to them of
late, whether _constitutionally_ or not, are under all those motives
which interest or ambition inspire, of courting the favor of that branch
from which appointments flow: that grand juries are frequently composed
in part of bystanders, often foreigners, of foreign attachments and
interests, and little knowledge of the laws they are most improperly
called to decide on; and finally, is to give to the Judiciary, and through
them to the Executive, a complete preponderance over the legislature,
rendering ineffectual that wise and cautious distribution of powers made
by the constitution between the three branches, and subordinating to
the other two that branch which most immediately depends on the people
themselves, and is responsible to them at short periods.
That independently of these considerations of a constitutional nature, the
right of free correspondence between citizen and citizen on their joint
interests, public or private, and under whatsoever laws these interests
arise, is a natural right of every individual citizen, not the gift of
municipal law, but among the objects for the protection of which municipal
laws are instituted: that so far as the attempt to take away this natural
right of free correspondence is an offence against the privileges of
the legislative house, of which the said Samuel J. Cabell is a member,
it is left to that house, entrusted with the preservation of its own
privileges, to vindicate its immunities against the encroachments and
usurpations of a co-ordinate branch; but so far as it is an infraction of
our individual rights as citizens by other citizens of our own State, the
judicature of this commonwealth is solely competent to its cognizance,
no other possessing any powers of redress: that the commonwealth retains
all its judiciary cognizances not expressly alienated in the grant of
powers to the United States as expressed in their constitution: that
that constitution alienates only those enumerated in itself, or arising
under laws or treaties of the United States made in conformity with its
own tenor; but the right of free correspondence is not claimed under
that constitution nor the laws or treaties derived from it, but as a
natural right, placed originally under the protection of our municipal
laws, and retained under the cognizance of our own courts.
Your petitioners further observe that though this crime may not be
specifically defined and denominated by any particular statute, yet
it is a crime, and of the highest and most alarming nature; that the
constitution of this commonwealth, aware it would sometimes happen that
deep and dangerous crimes, pronounced as such in the heart of every
friend to his country and its free constitution, would often escape the
definitions of the law, and yet ought not to escape its punishments,
fearing at the same time to entrust such undescribed offences to
the discretion of ordinary juries and judges, has reserved the same
to the cognizance of the body of the commonwealth acting by their
representatives in general assembly, for which purpose provision is made
by the constitution in the following words, to wit: "The Governor, when
he is out of office, and _others_ offending against the State, either
by mal-administration, corruption, _or other means_ by which the safety
of the State may be endangered, shall be impeachable by the House of
Delegates. Such impeachment to be prosecuted by the Attorney General or
such other person or persons as the house may appoint in the general
court, according to the laws of the land. If found guilty, he or they
shall be either forever disabled to hold any office under government,
or removed from such offices _pro tempore_, or subjected to such pains
or penalties as the law shall direct."
Considering then the House of Delegates as the standing inquest of
the whole commonwealth so established by the constitution, that its
jurisdiction as such extends over all persons within its limits, and
that no pale, no sanctuary has been erected against their jurisdiction
to protect offenders who have committed crimes against the laws of the
commonwealth and rights of its citizens: that the crime committed by the
said grand jurors is of that high and extraordinary character for which
the constitution has provided extraordinary procedure: that though the
violation of right falls in the first instance on us, your petitioners
and the representative chosen immediately by us, yet in principle and
consequence it extends to all our fellow-citizens, whose safety is
passed away whenever their representatives are placed, in the exercise
of their functions, under the direction and coercion of either of the
other departments of government, and one of their most interesting rights
is lost when that of a free communication of sentiment by speaking or
writing is suppressed: We, your petitioners, therefore pray that you
will be pleased to take your constitutional cognizance of the premises,
and institute such proceedings for impeaching and punishing the said
A, B, &c., as may secure to the citizens of this commonwealth their
constitutional right: that their representatives shall in the exercise
of their functions be free and independent of the other departments
of government, may guard that full intercourse between them and their
constituents which the nature of their relations and the laws of the
land establish, may save to them the natural right of communicating
their sentiments to one another by speaking and writing, and may serve
as a terror to others attempting hereafter to subvert those rights and
the fundamental principles of our constitution, to exclude the people
from all direct influence over the government they have established by
reducing that branch of the legislature which they choose directly, to a
subordination under those over whom they have but an indirect, distant,
and feeble control.
And your petitioners further submit to the wisdom of the two houses of
assembly whether the safety of the citizens of this commonwealth in their
persons, their property, their laws, and government, does not require
that the capacity to act in the important office of a juror, grand
or petty, civil or criminal, should be restrained in future to native
citizens of the United States, or such as were citizens at the date of
the treaty of peace which closed our revolutionary war, and whether the
ignorance of our laws and natural partiality to the countries of their
birth are not reasonable causes for declaring this to be one of the
rights incommunicable in future to adoptive citizens.
We, therefore, your petitioners, relying with entire confidence on
the wisdom and patriotism of our representatives in General assembly,
clothed preëminently with all the powers of the people which have not
been reserved to themselves, or enumerated in the grant to the General
Government delegated to maintain all their rights and relations not
expressly and exclusively transferred to other jurisdictions, and
stationed as sentinels to observe with watchfulness and oppose with
firmness all movements tending to destroy the equilibrium of our excellent
but complicated machine of government, invoke from you that redress of
our violated rights which the freedom and safety of our common country
calls for. We denounce to you a great crime, wicked in its purpose, and
mortal in its consequences unless prevented, committed by citizens of
this commonwealth against the body of their country. If we have erred
in conceiving the redress provided by the law, we commit the subject to
the superior wisdom of this house to devise and pursue such proceedings
as they shall think best; and we, as in duty bound, shall ever pray, &c.
XXXV.
_Etiquette._
[Endorsed in Mr. Jefferson's hand: "This rough paper
contains what was agreed upon."]
I. In order to bring the members of society together in the first
instance, the custom of the country has established that residents shall
pay the first visit to strangers, and, among strangers, first comers to
later comers, foreign and domestic; the character of stranger ceasing
after the first visits. To this rule there is a single exception. Foreign
ministers, from the necessity of making themselves known, pay the first
visit to the ministers of the nation, which is returned.
II. When brought together in society, all are perfectly equal, whether
foreign or domestic, titled or untitled, in or out of office.
All other observances are but exemplifications of these two principles.
I. 1st. The families of foreign ministers, arriving at the seat of
government, receive the first visit from those of the national ministers,
as from all other residents.
2d. Members of the Legislature and of the Judiciary, independent of
their offices, have a right as strangers to receive the first visit.
II. 1st. No title being admitted here, those of foreigners give no
precedence.
2d. Differences of grade among the diplomatic members, gives no precedence.
3d. At public ceremonies, to which the government invites the presence
of foreign ministers and their families, a convenient seat or station
will be provided for them, with any other strangers invited and the
families of the national ministers, each taking place as they arrive,
and without any precedence.
4th. To maintain the principle of equality, or of _pêle mêla_, and prevent
the growth of precedence out of courtesy, the members of the Executive
will practice at their own houses, and recommend an adherence to the
ancient usage of the country, of gentlemen in mass giving precedence
to the ladies in mass, in passing from one apartment where they are
assembled into another.
XXXVI.
_Charges exhibited to the President of the United States against the
Honorable Arthur Sinclair, as Governor of the territory of the United
States north-west of the river Ohio._
1st. He has usurped legislative powers by the erection of counties
and location of the seats of justice, by proclamation, on his own sole
authority.
2d. He has misused the power of negativing legislative acts, by putting
his negative on laws useful and necessary for the territory.
3d. He has refused to perform the duties of his office but on the payment
of arbitrary fees not established by any lawful authority.
4th. He has negatived an act of the Legislature abolishing those fees, and
passed their act giving him five hundred dollars--meant as a compensation
for that abolition, thereby holding both the fees and the compensation.
5th. He has attempted to effect the dismemberment of the territory,
and to destroy its constitutional boundaries, in order to prevent its
advancement to those rights of self-government to which its numbers
would entitle it.
6th. He has granted commissions generally during pleasure; but that of
Attorney General to his own son during good behavior.
7th. He has endeavored arbitrarily to influence and control the
proceedings of the Judiciary, and has revoked or effected a surrender
of the commissions of those who have refused to bend to his will,
(acknowledged, p. 22; revoked three commissions, p. 32.)
8th. He has appointed persons residing out of a county to offices,
the duties of which were to be habitually performed within them.
(Acknowledged, p. 20, in the case of Robb, his son-in-law, made Recorder
of Clermont though living in Hamilton--executed by deputy.)
9th. He has obstructed the organization and disciplining of a militia
for the defence of the territory, by withholding the appointment of
officers years after a law had passed establishing them.
10th. He has avowed his hostility to the form and substance of republican
government.
1st. The ordinance in the paragraph respecting counties, speaks of laws
adopted or made, which must refer both to the first and second stage of
government; it then gives the Governor power to lay out counties from
time to time, reserving a right to the Legislature thereafter to alter
them. This may mean that the Governor is always to lay out first, and
the Legislature thereafter to alter; or it may mean that the Governor is
to lay out during the first stage of government, and the Legislature to
do it in the second, _reddendo singula singulis_. The first construction
renders the power reserved the Legislature null, because the Governor
having a negative will not permit the other branches to act against his
opinion manifested in the original laying out. The second construction
gives it full effect, and must therefore be understood to be that intended
by Congress, who certainly meant to reserve a practicable right to the
Legislature--not a nugatory one, and the rather as the forming counties
is an act of law-making, not of the execution of a law. The place of
dispensing justice may not seem essentially legislative at first view,
but to rest naturally with those who are to dispense it; yet when we
consider it in all its relations to public convenience as well as justice,
at how early a date it was deemed a grievance in England, and fixed by
law, and how universally so in these States, this gives a sure practical
construction of what Congress must have intended.
2d. The policy of giving a negative on laws to the Executive seems to
be: 1st, to provide protection against the Legislature for the other
independent departments. 2d. To protect such portions of the citizens as
might be oppressed by a local or partial interest happening to predominate
in the Legislature at the moment. But not to set up the judgment of a
single individual in cases of ordinary legislation against the collected
wisdom of the nation. If these ideas be just, Governor Sinclair is guilty
on the second charge.
5th. The ordinance permits the whole territory north-west of the Ohio
to be divided by Congress into three or five States, and says, whenever
any of the said _States_ shall have sixty thousand inhabitants it shall
be received in Congress. The change of boundary proposed by the late
act of the north-west Legislature did divide the population into two
parts, so that both would have been much longer reaching sixty thousand
than if the boundaries remained fixed by the ordinance. That the act
dismembered that portion of territory which claimed to be a State, is
certain. That Governor Sinclair assented to it at least is certain. That
he promoted it by his influence, and with a view to continue himself and
friends the longer in place and power, is suggested by many, and will
be judged of by every one according to the opinion entertained of his
attachment to his office, or his power of preserving his mind unbiassed
by that attachment or any other particular views. See Sinclair's letter
to Harrison, printed State papers, March 14th, 1800.
6th. The censure implied in this charge seems to be not so much in the
Governor's giving commissions during pleasure in the judiciary line,
though a tenure for life there is familiar, as the making the Attorney
General an officer for life, a thing unprecedented, and its being in the
case of his own son. The reason assigned by the Governor that he gave him
this fixed tenure, because he at that time proposed himself to retire
from office, and meant thus to protect his son against his successor,
admits the fact charged, and is far from justifying it.
7th. Admitting the tenure of every commission, without any special
limitation, to be during the will of him who grants it, the conduct of
the three justices whose commission was revoked, and that of Mr. Finlay
whose resignation was not accepted, is not sufficiently clear of blame to
fix the charge of arbitrarily influencing and controlling the judiciary.
8th. This charge is admitted to be true by Governor Sinclair, in the
case of his son-in-law, made Recorder of Clermont, while he lived in
Hamilton. See pp. 20. He urges some matters in justification. Several
other instances are stated by Worthington and Meigs. Will's case, p. 46.
9th. This cannot be decided but on a view of the laws.
4th. That one of these acts was meant as a compensation for the other,
is not proved. See p. 24, 43.
3d. The real charge here is that the Governor and judges selected laws
from the codes of the States to give themselves fees. I was a member of
Congress, and I believe of the committee which prepared the first plan
for the organization of the new States. A Legislature to be composed
of the Governor and judges was a measure of necessity in the earliest
stages of those territorial governments; yet we were sensible it was
fundamentally wrong to submit freemen to laws made by officers of the
Executive. It was determined, then, they should not make laws themselves,
but adopt from the codes of the States, which being passed by freemen for
their own government, it was supposed would never be oppressive. But no
one dreamt of their selecting laws to give themselves fees. For to what
a length might not this be carried by entitling themselves to fees for
every act which was allowed a fee in any single State. Their salaries
were certainly understood to be in lieu of all emoluments; yet they early
began this abuse. Governor Sinclair and his associates set the example.
It was not unnoticed. But as every one had rather another should pass
personal censures than himself, the first laws for this purpose were
laid by myself before Congress with the other laws, without comment, the
power of repealing being in them. Partly from much business, partly from
no individual member being willing to come forward as the denunciator,
the thing went on till the arbitrary and intolerable temper of Governor
Sarjeant urged it on the notice of Congress. On the 12th of February,
1795, this among other legislative practices, had been disapproved by
the House of Representatives, (report, p. 8, 9, February 19, 1801,) and
lost in the Senate. But February 19, 1801, a committee of friends to
Sarjeant, appointed by his friend Sedgwick, reported it an abuse, but
not proceeding from criminal intentions, and therefore resolved that
there ought to be no further proceedings for mal-administration against
him, to which resolution the House disagreed by a vote of fifty against
thirty-eight, though a federal house; but this being late in the day of
the 3d of March, 1801, on which day they were to rise, nothing further
could be done. But Governor Sarjeant's time expiring soon after, his
commission was not renewed for this among other reasons.
XXXVII.
_Hints on the subject of Indian boundaries, suggested for consideration.
December 29th, 1802._
An object, becoming one of great importance, is the establishment of
a strong front on our western boundary, the Mississippi, securing us
on that side, as our front on the Atlantic does towards the East. Our
proceedings with the Indians should tend systematically to that object,
leaving the extinguishment of title in the interior country to fall in
as occasions may arise. The Indians being once closed in between strong
settled countries on the Mississippi and Atlantic, will, for want of game,
be forced to agriculture, will find that small portions of land, well
improved, will be worth more to them than extensive forests unemployed,
and will continually be parting with portions of them for money to buy
stock, utensils, and necessaries for their farms and families.
On the Mississippi, we hold at present from our southern boundary to
the Yazoo. From the Yazoo to the Ohio is the property of the Chickasaw,
a tribe the most friendly to us, and at the same time the most adverse
to the diminution of their lands. The portion of their territory of
first importance to us, would be the slip between the Mississippi on the
west, and on the east the Yazoo and the ridge dividing the waters of the
Mississippi and Tennessee. Their main settlements are eastward of this.
I believe they have few within this and towards the Mississippi. The
method by which we may advance towards our object will be, 1, to press
the encouragements to agriculture, by which they may see how little land
will maintain them much better, and the advantage of exchanging useless
deserts to improve their farms. 2. To establish among them a factory or
factories for furnishing them with all the necessaries and comforts they
may wish (spirituous liquors excepted), encouraging these, and especially
their leading men, to run in debt for these beyond their individual
means of paying; and whenever in that situation, they will always cede
lands to rid themselves of debt. A factory about the Chickasaw bluffs,
would be tolerably central, and they might admit us to tend corn for
feeding the factory and themselves when at it, and even to fix some
persons for the protection of the factory from the Indians west of the
Mississippi, and others. After awhile we might purchase these, and add
to it from time to time. 3. We should continue to increase and nourish
their friendship and confidence by every act of justice and of favor
which we can possibly render them. What we know in favor of the other
Indians, should not constitute the measure of what we do for these, our
views as to these being so much more important. This tribe is very poor,
and they want necessaries with which we abound. We want lands with which
they abound; and these natural wants seem to offer fair ground of mutual
supply.
The country between the Mississippi and Illinois on one side, and the
Ohio and Wabash on the other, is also peculiarly desirable to us, and
is in a situation this moment which renders it particularly easy for
us to acquire a considerable portion of it. It has belonged to the
Kaskaskias, Cahokias and Piorias. The Cahokias (of whom the Michiganris
were a part) have been anticipated by the Sacs, the Piorias driven off,
and the Kaskaskias decreased to a few families. Governor Harrison, in
his letter of November 28th, 1802, says the Pioria chief has offered
the right of his nation to these lands for a trifle. We should not fail
to purchase it immediately. The Cahokias being extirpated, we have a
right to their lands in preference to any Indian tribe, in virtue of our
permanent sovereignty over it. He also says that Deloigne, the Kaskaskia
chief, would make easy terms with us. I think we should be liberal in
our offers to the Kaskaskians. They are now but a few families, exposed
to numerous enemies, and unable to defend themselves, and would cede
lands in exchange for protection. We might agree to their laying off
one hundred acres of the best soil for every person, young and old, of
their tribe, we might enclose it well for them in one general inclosure,
give to every family utensils and stock sufficient for their portion
of it, and give them an annuity in necessaries, on their ceding to us
their whole country, on retaining for themselves only a moderate range
around their farms for their stock to range in; and we might undertake
to protect them from their enemies. Having thus established ourselves
in the rights of the Kaskaskias, Cahokias and Piorias, we should have to
settle the boundaries between them and the Kickapoos, Powtawatamies and
Weaws. We should press again the good will of these tribes by friendly
acts, and of their chiefs by largesses, and then propose to run the line
between us, to claim whatever can be said to be doubtful, offering them
a liberal price for their pretensions, and even endeavoring to obtain
from them a cession of so much of their acknowledged territory as they
can be induced to part with.
As to the country on the Mississippi above the mouth of the Illinois,
its acquisition is not pressing in the present state of things. It might
be well to be inquiring into titles, and to claim whatever may have
been abandoned or lost by its native owners, so as to prevent usurpation
by tribes having no right; as also to purchase such portions as may be
found in the occupation of small remnants of tribes nearly extinct and
disposed to emigrate.
For the present, it is submitted to the consideration of the Secretary
of War, whether instructions should not be immediately given to Governor
Harrison to treat with the Piorias and Kaskaskias chiefs; as to the
latter, which is most important, it would be easy to solicit and bring
over by presents every individual of mature age.
XXXVIII.
_Notes on the subject of the consular convention between the United
States and France. May 3d, 1803._
In 1784 a convention was entered into between Dr. Franklin and the Count
de Vergennes concerning consuls. It contained many things absolutely
inadmissible by the laws of the several States, and inconsistent with
their genius and character. Dr. Franklin, not being a lawyer, and
the project offered by the Count de Vergennes being a copy of the
conventions which were established between France and the despotic
States on the continent (for with England they never had one), he seems
to have supposed it a formula established by universal experience, and
not to have suspected that it might contain matters inconsistent with
the principles of a free people. He returned to America soon after the
signature of it. Congress received it with the deepest concern. They
honored Dr. Franklin, they were attached to the French nation; but they
could not relinquish fundamental principles. They declined ratifying it,
and sent it back with new powers and instructions to Mr. Jefferson, who
succeeded Dr. Franklin at Paris. The most objectionable matters were
the privileges and exemptions given to the consuls, and their powers
over persons of the nation, establishing a jurisdiction independent
of that of the nation in which it was exercised, and uncontrollable by
it. The French government valued these, because they then apprehended a
very extensive emigration from France to the United States, which this
convention enabled them to control. It was, therefore, with the utmost
reluctance, and inch by inch, that they could be induced to relinquish
these conditions. The following changes, however, were effected by the
convention of 1788:
The clauses of the convention of 1784, clothing consuls with the
privileges of the laws of nations, were struck out, and they were
expressly subjected, in their persons and property, to the laws of the
land.
The giving the right of sanctuary to their houses, was reduced to a
protection of their chancery room and its papers.
Their coercive powers over passengers were taken away; and those whom
they might have termed deserters of their nation, were restrained to
deserted seamen only.
The clause allowing them to arrest and send back vessels, was struck
out, and instead of it they were allowed to exercise a police over the
ships of their nation generally.
So was that which declared the indelibility of the character of subject,
and the explanation and extension of the eleventh article of the treaty
of amity.
The innovations in the laws of evidence were done away; and the
convention, from being perpetual, was limited to twelve years.
Although strong endeavors were made to do away some other disagreeable
articles, yet it was found that more could not be done without disturbing
the good humor which Congress wished so much to preserve, and the
limitation obtained for the continuance of the constitution insured our
getting finally rid of the whole. Congress, therefore, satisfied with
having so far amended their situation, ratified the convention of 1788
without hesitation.
To Mr. Wingate.
XXXIX.
_Resolutions relative to the alien and sedition laws._[20]
1. _Resolved_, That the several States composing the United States of
America, are not united on the principle of unlimited submission to
their general government; but that, by a compact under the style and
title of a Constitution for the United States, and of amendments thereto,
they constituted a general government for special purposes,--delegated
to that government certain definite powers, reserving, each State to
itself, the residuary mass of right to their own self-government; and
that whensoever the general government assumes undelegated powers, its
acts are unauthoritative, void, and of no force: that to this compact
each State acceded as a State, and is an integral party, its co-States
forming, as to itself, the other party: that the government created by
this compact was not made the exclusive or final judge of the extent of
the powers delegated to itself; since that would have made its discretion,
and not the Constitution, the measure of its powers; but that, as in all
other cases of compact among powers having no common judge, each party
has an equal right to judge for itself, as well of infractions as of
the mode and measure of redress.
2. _Resolved_, That the Constitution of the United States, having
delegated to Congress a power to punish treason, counterfeiting the
securities and current coin of the United States, piracies, and felonies
committed on the high seas, and offences against the law of nations, and
no other crimes whatsoever; and it being true as a general principle,
and one of the amendments to the Constitution having also declared, that
"the powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively,
or to the people," therefore the act of Congress, passed on the 14th day
of July, 1798, and intituled "An Act in addition to the act intituled An
Act for the punishment of certain crimes against the United States," as
also the act passed by them on the ---- day of June, 1798, intituled "An
Act to punish frauds committed on the bank of the United States," (and
all their other acts which assume to create, define, or punish crimes,
other than those so enumerated in the Constitution,) are altogether
void, and of no force; and that the power to create, define, and punish
such other crimes is reserved, and, of right, appertains solely and
exclusively to the respective States, each within its own territory.
3. _Resolved_, That it is true as a general principle, and is also
expressly declared by one of the amendments to the Constitution, that
"the powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively,
or to the people;" and that no power over the freedom of religion, freedom
of speech, or freedom of the press being delegated to the United States
by the Constitution, nor prohibited by it to the States, all lawful
powers respecting the same did of right remain, and were reserved to the
States or the people: that thus was manifested their determination to
retain to themselves the right of judging how far the licentiousness of
speech and of the press may be abridged without lessening their useful
freedom, and how far those abuses which cannot be separated from their
use should be tolerated, rather than the use be destroyed. And thus
also they guarded against all abridgment by the United States of the
freedom of religious opinions and exercises, and retained to themselves
the right of protecting the same, as this State, by a law passed on
the general demand of its citizens, had already protected them from all
human restraint or interference. And that in addition to this general
principle and express declaration, another and more special provision has
been made by one of the amendments to the Constitution, which expressly
declares, that "Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof, or abridging
the freedom of speech or of the press:" thereby guarding in the same
sentence, and under the same words, the freedom of religion, of speech,
and of the press: insomuch, that whatever violated either, throws down
the sanctuary which covers the others, and that libels, falsehood, and
defamation, equally with heresy and false religion, are withheld from the
cognizance of federal tribunals. That, therefore, the act of Congress
of the United States, passed on the 14th day of July, 1798, intituled
"An Act in addition to the act intituled An Act for the punishment of
certain crimes against the United States," which does abridge the freedom
of the press, is not law, but is altogether void, and of no force.
4. _Resolved_, That alien friends are under the jurisdiction and
protection of the laws of the State wherein they are: that no power
over them has been delegated to the United States, nor prohibited to
the individual States, distinct from their power over citizens. And
it being true as a general principle, and one of the amendments to the
Constitution having also declared, that "the powers not delegated to the
United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people," the act of
the Congress of the United States, passed on the -- day of July, 1798,
intituled "An Act concerning aliens," which assumes powers over alien
friends, not delegated by the Constitution, is not law, but is altogether
void, and of no force.
5. _Resolved_, That in addition to the general principle, as well as
the express declaration, that powers not delegated are reserved, another
and more special provision, inserted in the Constitution from abundant
caution, has declared that "the migration or importation of such persons
as any of the States now existing shall think proper to admit, shall
not be prohibited by the Congress prior to the year 1808:" that this
commonwealth does admit the migration of alien friends, described as
the subject of the said act concerning aliens: that a provision against
prohibiting their migration, is a provision against all acts equivalent
thereto, or it would be nugatory: that to remove them when migrated,
is equivalent to a prohibition of their migration, and is, therefore,
contrary to the said provision of the Constitution, and void.
6. _Resolved_, That the imprisonment of a person under the protection of
the laws of this commonwealth, on his failure to obey the simple _order_
of the President to depart out of the United States, as is undertaken
by said act intituled "An Act concerning aliens," is contrary to the
Constitution, one amendment to which has provided that "no person shall
be deprived of liberty without due progress of law;" and that another
having provided that "in all criminal prosecutions the accused shall
enjoy the right to public trial by an impartial jury, to be informed
of the nature and cause of the accusation, to be confronted with the
witnesses against him, to have compulsory process for obtaining witnesses
in his favor, and to have the assistance of counsel for his defence,"
the same act, undertaking to authorize the President to remove a person
out of the United States, who is under the protection of the law, on
his own suspicion, without accusation, without jury, without public
trial, without confrontation of the witnesses against him, without
hearing witnesses in his favor, without defence, without counsel, is
contrary to the provision also of the Constitution, is therefore not
law, but utterly void, and of no force: that transferring the power of
judging any person, who is under the protection of the laws, from the
courts to the President of the United States, as is undertaken by the
same act concerning aliens, is against the article of the Constitution
which provides that "the judicial power of the United States shall be
vested in courts, the judges of which shall hold their offices during
good behavior;" and that the said act is void for that reason also. And
it is further to be noted, that this transfer of judiciary power is to
that magistrate of the general government who already possesses all the
Executive, and a negative on all Legislative powers.
7. _Resolved_, That the construction applied by the General Government
(as is evidenced by sundry of their proceedings) to those parts of the
Constitution of the United States which delegate to Congress a power "to
lay and collect taxes, duties, imports, and excises, to pay the debts,
and provide for the common defence and general welfare of the United
States," and "to make all laws which shall be necessary and proper
for carrying into execution the powers vested by the Constitution in
the government of the United States, or in any department or officer
thereof," goes to the destruction of all limits prescribed to their power
by the Constitution: that words meant by the instrument to be subsidiary
only to the execution of limited powers, ought not to be so construed
as themselves to give unlimited powers, nor a part to be so taken as
to destroy the whole residue of that instrument: that the proceedings
of the General Government under color of these articles, will be a fit
and necessary subject of revisal and correction, at a time of greater
tranquillity, while those specified in the preceding resolutions call
for immediate redress.
8th. _Resolved_, That a committee of conference and correspondence
be appointed, who shall have in charge to communicate the preceding
resolutions to the Legislatures of the several States; to assure them
that this commonwealth continues in the same esteem of their friendship
and union which it has manifested from that moment at which a common
danger first suggested a common union: that it considers union, for
specified national purposes, and particularly to those specified in
their late federal compact, to be friendly to the peace, happiness and
prosperity of all the States: that faithful to that compact, according
to the plain intent and meaning in which it was understood and acceded
to by the several parties, it is sincerely anxious for its preservation:
that it does also believe, that to take from the States all the powers
of self-government and transfer them to a general and consolidated
government, without regard to the special delegations and reservations
solemnly agreed to in that compact, is not for the peace, happiness
or prosperity of these States; and that therefore this commonwealth is
determined, as it doubts not its co-States are, to submit to undelegated,
and consequently unlimited powers in no man, or body of men on earth: that
in cases of an abuse of the delegated powers, the members of the general
government, being chosen by the people, a change by the people would
be the constitutional remedy; but, where powers are assumed which have
not been delegated, a nullification of the act is the rightful remedy:
that every State has a natural right in cases not within the compact,
(casus non fœderis,) to nullify of their own authority all assumptions
of power by others within their limits: that without this right, they
would be under the dominion, absolute and unlimited, of whosoever
might exercise this right of judgment for them: that nevertheless, this
commonwealth, from motives of regard and respect for its co-States, has
wished to communicate with them on the subject: that with them alone it
is proper to communicate, they alone being parties to the compact, and
solely authorized to judge in the last resort of the powers exercised
under it, Congress being not a party, but merely the creature of the
compact, and subject as to its assumptions of power to the final judgment
of those by whom, and for whose use itself and its powers were all
created and modified: that if the acts before specified should stand,
these conclusions would flow from them; that the general government
may place any act they think proper on the list of crimes, and punish
it themselves whether enumerated or not enumerated by the constitution
as cognizable by them: that they may transfer its cognizance to the
President, or any other person, who may himself be the accuser, counsel,
judge and jury, whose _suspicions_ may be the evidence, his _order_ the
sentence, his _officer_ the executioner, and his breast the sole record
of the transaction: that a very numerous and valuable description of
the inhabitants of these States being, by this precedent, reduced, as
outlaws, to the absolute dominion of one man, and the barrier of the
Constitution thus swept away from us all, no rampart now remains against
the passions and the powers of a majority in Congress to protect from
a like exportation, or other more grievous punishment, the minority of
the same body, the legislatures, judges, governors and counsellors of
the States, nor their other peaceable inhabitants, who may venture to
reclaim the constitutional rights and liberties of the States and people,
or who for other causes, good or bad, may be obnoxious to the views,
or marked by the suspicions of the President, or be thought dangerous
to his or their election, or other interests, public or personal: that
the friendless alien has indeed been selected as the safest subject of
a first experiment; but the citizen will soon follow, or rather, has
already followed, for already has a sedition act marked him as its prey:
that these and successive acts of the same character, unless arrested
at the threshold, necessarily drive these States into revolution and
blood, and will furnish new calumnies against republican government,
and new pretexts for those who wish it to be believed that man cannot
be governed but by a rod of iron: that it would be a dangerous delusion
were a confidence in the men of our choice to silence our fears for
the safety of our rights: that confidence is everywhere the parent of
despotism--free government is founded in jealousy, and not in confidence;
it is jealousy and not confidence which prescribes limited constitutions,
to bind down those whom we are obliged to trust with power: that our
Constitution has accordingly fixed the limits to which, and no further,
our confidence may go; and let the honest advocate of confidence read the
Alien and Sedition acts, and say if the Constitution has not been wise
in fixing limits to the government it created, and whether we should be
wise in destroying those limits. Let him say what the government is, if
it be not a tyranny, which the men of our choice have conferred on our
President, and the President of our choice has assented to, and accepted
over the friendly strangers to whom the mild spirit of our country and
its laws have pledged hospitality and protection: that the men of our
choice have more respected the bare _suspicions_ of the President, than
the solid right of innocence, the claims of justification, the sacred
force of truth, and the forms and substance of law and justice. In
questions of power, then, let no more be heard of confidence in man, but
bind him down from mischief by the chains of the Constitution. That this
commonwealth does therefore call on its co-States for an expression of
their sentiments on the acts concerning aliens, and for the punishment of
certain crimes herein before specified, plainly declaring whether these
acts are or are not authorized by the federal compact. And it doubts
not that their sense will be so announced as to prove their attachment
unaltered to limited government, whether general or particular. And that
the rights and liberties of their co-States will be exposed to no dangers
by remaining embarked in a common bottom with their own. That they will
concur with this commonwealth in considering the said acts as so palpably
against the Constitution as to amount to an undisguised declaration
that that compact is not meant to be the measure of the powers of the
General Government, but that it will proceed in the exercise over these
States, of all powers whatsoever: that they will view this as seizing the
rights of the States, and consolidating them in the hands of the General
Government, with a power assumed to bind the States, (not merely as the
cases made federal, (casus fœderis,) but) in all cases whatsoever, by
laws made, not with their consent, but by others against their consent:
that this would be to surrender the form of government we have chosen,
and live under one deriving its powers from its own will, and not from
our authority; and that the co-States, recurring to their natural right
in cases not made federal, will concur in declaring these acts void, and
of no force, and will each take measures of its own for providing that
neither these acts, nor any others of the General Government not plainly
and intentionally authorized by the Constitution, shall be exercised
within their respective territories.
9th, _Resolved_, That the said committee be authorized to communicate by
writing or personal conferences, at any times or places whatever, with
any person or persons who may be appointed by any one or more co-States
to correspond or confer with them; and that they lay their proceedings
before the next session of Assembly.
FOOTNOTE:
[20] [Two copies of these resolutions are preserved among
the manuscripts of the author, both in his own handwriting.
One is a rough draught, and the other very neatly and
carefully prepared. The probability is, that they are the
original of the celebrated Kentucky Resolutions on the
same subject.--ED.]
XL.
_Dr. Stevens' case._[21] _June 12th, 1804._
I consider the annual act which appropriates a given sum to the expenses
of intercourse with foreign nations, as a sufficient authority to the
President (the constitutional organ of foreign intercourse) to expend
that sum for the purposes of foreign intercourse at his discretion. If
he abuses that discretion, he is responsible for it in a constitutional
way. The legal restrictions on this power are, 1. That for outfit or
compensation for personal services and expenses to certain specified
grades (which are those chiefly used by the United States), not more than
specified sums shall be allowed. 2. That the whole expenses shall not
exceed the sum appropriated. 3. That an account of the expenditure shall
be rendered. The sum on which these restrictions leave the executive
discretion to act, is too small to excite any rational jealousy, or
to render it useful to restrict it further by rigorous and unusual
constructions. The executive, therefore, is believed to be free to make
allowance to the specified grades for any object than those (for personal
services and expenses), and to employ any unspecified grade on such
salary and allowance as he thinks proper within the limits of the whole
appropriation. Nor is any law, or principle of law known, which would
forbid the superadding these agencies and allowances for them to the
ordinary functions of a court minister, &c. I consider the appointment,
therefore, and allowance to Dr. Stevens to have been within the limits
of the Executive authority.
Whenever it is agreed between two parties that certain services shall
be performed by the one for the other, and no special compensation is
stipulated, the law understands their intention to be that a _quantum
meruit_, or a reasonable compensation shall be allowed. Such an agreement
will therefore be implied by law in the case of Dr. Stevens. What is
that reasonable compensation? Not his expenses, however extravagant,
even if a contract could be proved that his expenses were to be paid.
The law understands such a promise to mean his reasonable expenses only.
His functions were in a certain degree of a diplomatic nature. Yet the
government to which he was sent, not being independent, he could not be
invested formally with any diplomatic grade. If we place him, therefore,
on the level of the lowest grade, that of a chargé des affaires, and make
that the measure of his _quantum meruit_, we shall do him full justice.
No circumstance justifies his assuming a higher place.
But shall he be considered as a permanent agent, and therefore entitled
to an outfit, or only as an occasional one to be allowed the reasonable
expenses of his passage, which is the rule with occasional diplomatic
agents? His not having been nominated to the Senate clearly excludes him
from the character of a permanent agent, if it does not take from him
all legal character after their first session following his appointment.
To draw such a line as will admit the Executive, during the recess of
the Senate, to despatch a special agent for a particular purpose without
awaiting their approbation, and yet not enable him, by continuing that
agent permanently, to evade the constitutional approbation of the Senate,
and to keep up a separate corps of diplomacy of his own, will require
great consideration, caution and candor, and until it be done, great
attention in the Executive to keep within unquestionable bounds. I do
not think, however, that the right of Dr. Stevens ought to depend on
that definition. An individual who is employed by the highest public
functionary to do a public service within the line of his authority, is
bound to consider him as acting with legal powers, and as alone charged
with all the responsibility if he transcends his powers. Dr. Stevens
had a right to expect the Executive would nominate him to the Senate
for approbation, if that nomination was necessary. He proceeds in his
duty, and supposes the Executive does the same, and ought not to lose
his right by the failure of the latter. The public in such case should
pay the individual, and take on themselves the measures necessary to
prevent similar infractions of the Constitution in future.
Questions meriting great consideration, have been made as to the
sufficiency of the evidence offered in support of Dr. Stevens' claims.
The settling by a _quantum meruit_, the claim (for personal services and
expenses) gets rid of this question so far. For that the services were
performed is notorious, and that it was by public authority, results from
the whole correspondence. It has been suspected, indeed, that there was
no contract, nor any other reward intended than certain privileges of
commerce. But this is not the way the United States pay their servants.
Monopolizing compensations are among the most fatal abuses which some
governments practice from false economy. They are not the usage here,
and if suggested, the _onus probandi_ is thrown on the party suggesting
it. The law will presume a fair and usual contract, but not one which
is improper and unusual.
The claim for travelling expenses within the limits of his agency, would
require proof of positive contract. When an agent for a limited district,
is sent into another, his expenses have been usually allowed; but never
those of travelling to and from places within his regular care, and for
the regular purposes of that care. His general allowance compensates
his general superintendence over the whole, and to pay him for visiting
each particular part also, would be a double payment. This would lead
to endless claims and difficulties.
The hire of despatch vessels has been attended with such singular
circumstances as excite almost invincible suspicion that they came on
the ordinary business of the mercantile house. This means of conveying
information is so expensive, that it is not allowed even to diplomatic
agencies, but on great and important emergencies, on each of which as it
arises, the Department of State will decide, at the risk of the agent
venturing on it. Whether these despatch vessels came purely on public
account, and whether the matter they were charged with justified the
expense, should be strictly inquired into.
Inquiry will doubtless also be made, 1, whether Mr. Yard's connection
in interest with Dr. Stevens will admit him to be a witness in this
case; and 2, if it does, his testimony will be estimated, as every other
man's is which is given under circumstances of bias of which he is not
sensible himself.
In deciding on these questions of evidence, we are bound to proceed
by the same laws of evidence which govern the courts of justice. These
are the laws of the land, admitting no exceptions of person, public or
private. The laws in refusing an appeal to the ordinary tribunals in
questions between an individual and the public, and leaving the decision
in the executive department, has changed the judge in this instance,
but not the law. It has given judiciary but not legislative powers; and
the laws of the land are the inheritance and the right of every man,
before whatever tribunal he is brought. For instance, that a contract
need not be on record; that it may be by parol as well as in writing,
that a written contract may be controlled by verbal agreement or other
intrinsic matter, are principles of law to which Dr. Stevens is entitled
on the one hand, as it is our duty, on the other, to bring his claims
to the test of law, to sift the facts on which they rest by the common
rules of evidence, and to decide according to these on every item of his
accounts, not weakly to relieve an individual by giving him the public
money, nor arbitrarily to withhold by public power what is justly due to
an individual. This investigation cannot be better trusted than to the
justice and judgment of the comptroller, to whom therefore it is referred.
FOOTNOTE:
[21]
June 12th, 1804.
MR. GALLATIN,--On the subject of Dr. Stevens' case, I had,
before receiving your letter, endeavored to form as correct
a judgment as I could, and had made some notes, keeping
them open till I might see whether anything further should
be added. I have this morning put them into some form.
Of the purity of the motives of your objections, it was
impossible I should ever entertain a moment's doubt. Of
my opinion of their solidity, you will see a proof in the
conclusions I have drawn, and which will probably condemn
more than the half of Dr. Stevens' claims. I enclose you a
copy of my opinion on the subject, which may serve as the
direction of the Department of State to the comptroller.
Accept my affectionate salutations.
XLI.
_Notes on a Draught for a second Inaugural Address._
The former one was an exposition of the principles on which I thought
it my duty to administer the government. The second, then, should
naturally be a _compte rendu_, or a statement of facts showing that I
have conformed to those principles. The former was _promise_: this is
_performance_. Yet the nature of the occasion requires that detail should
be avoided; that the most prominent heads only should be selected, and
these placed in a strong light, but in as few words as possible. These
heads are foreign affairs, domestic ditto, viz.: Taxes, Debts, Louisiana,
Religion, Indians, the Press. None of these heads need any commentary
but that of Indians. This is a proper topic, not only to promote the
work of humanizing our citizens towards these people, but to conciliate
to us the good opinion of Europe on the subject of the Indians. This,
however, might have been done in half the compass it here occupies. But
every respecter of science, every friend to political reformation, must
have observed with indignation the hue and cry raised against philosophy
and the rights of man; and it really seems as if they would be overborne,
and barbarism, bigotry, and despotism, would recover the ground they
have lost by the advance of the public understanding. I have thought the
occasion justified some discountenance of these anti-social doctrines,
some testimony against them. But not to commit myself in direct warfare
on them, I have thought it best to say what is directly applied to the
Indians only, but admits by inference a more general extension.
XLII.
_Farewell Address to Th: Jefferson. President of the United States._
[Agreed to by both Houses, Feb. 7, 1809.]
Sir,--The General Assembly of your native State cannot close their
session, without acknowledging your services in the office which you are
just about to lay down, and bidding you a respectful and affectionate
farewell.
We have to thank you for the model of an administration conducted on
the purest principles of republicanism; for pomp and state laid aside;
patronage discarded; internal taxes abolished; a host of superfluous
officers disbanded; the monarchic maxim "that a national debt is a
national blessing," renounced, and more than thirty-three millions of
our debt discharged; the native right to nearly one hundred millions
of acres of our national domain extinguished; and, without the guilt or
calamities of conquest, a vast and fertile region added to our country,
far more extensive than her original possessions, bringing along with it
the Mississippi and the port of Orleans, the trade of the west to the
Pacific Ocean, and in the intrinsic value of the land itself, a source
of permanent and almost inexhaustible revenue. These are points in your
administration which the historian will not fail to seize, to expand,
and teach posterity to dwell upon with delight. Nor will he forget our
peace with the civilized world, preserved through a season of uncommon
difficulty and trial; the good will cultivated with the unfortunate
aborigines of our country, and the civilization humanely extended among
them; the lesson taught the inhabitants of the coast of Barbary, that we
have the means of chastising their piratical encroachments, and awing them
into justice; and that theme, on which, above all others, the historic
genius will hang with rapture, the liberty of speech and of the press
preserved inviolate, without which genius and science are given to man
in vain.
In the principles on which you have administered the government, we see
only the continuation and maturity of the same virtues and abilities,
which drew upon you in your youth the resentment of Dunmore. From the
first brilliant and happy moment of your resistance to foreign tyranny,
until the present day, we mark with pleasure and with gratitude the same
uniform, consistent character, the same warm and devoted attachment
to liberty and the republic, the same Roman love of your country, her
rights, her peace, her honor, her prosperity.
How blessed will be the retirement into which you are about to go! How
deservedly blessed will it be! For you carry with you the richest of all
rewards, the recollection of a life well spent in the service of your
country, and proofs the most decisive, of the love, the gratitude, the
veneration of your countrymen.
That your retirement may be as happy as your life has been virtuous and
useful; that our youth may see in the blissful close of your days, an
additional inducement to form themselves on your model, is the devout and
earnest prayer of your fellow citizens who compose the General Assembly
of Virginia.
XLIII.
_Notes on Fifth Volume of Marshall's Life of Washington._
Page 2. _"The practicability of perpetuating his authority," &c._ I
am satisfied that General Washington had not a wish to perpetuate his
authority; but he who supposes it was practicable, had he wished it,
knows nothing of the spirit of America, either of the people or of those
who possessed their confidence. There was indeed a cabal of the officers
of the army who proposed to establish a monarchy and to propose it to
General Washington. He frowned indignantly at the proposition, [according
to the information which got abroad,] and Rufus King and some few civil
characters, chiefly [indeed, I believe, to a man] north of Maryland, who
joined in this intrigue. But they never dared openly to avow it, knowing
that the spirit which had produced a change in the form of government
was alive to the preservation of it.
Page 28. The member of Congress here alluded to was myself, and the
extracts quoted, was part of a letter from myself in answer to one
General Washington wrote. (See both.) General Washington called on me at
Annapolis (where I then was as a member of Congress), on his way to the
meeting of the Cincinnati in Philadelphia. We had much conversation on the
institution, which was chiefly an amplification of the sentiments in our
letters, and, in conclusion, after I had stated to him the modifications
which I thought might remove all jealousies, as well as dangers, and the
parts which might still be retained, he appeared to make up his mind, and
said: "No! not a fibre of it must be retained--no half-way reformation
will suffice. If the thing be bad, it must be totally abolished." And
he declared his determination to use his utmost endeavors to have it
entirely abolished. On his return from Philadelphia he called on me
again at Annapolis, and sat with me until a very late hour in the night,
giving me an account of what passed in their convention. The sum of it
was that he had exerted his whole influence in every way in his power
to procure an abolition; that the opposition to it was extreme, and
especially from some of the younger members; but that after several days
of struggle within doors and without, a general sentiment was obtained
for its entire abolition. Whether any vote had been taken on it or not,
I do not remember; but his affirmation to me was, that within a few days
(I think he said two or three) it would have been formally abolished.
Just in that moment arrived Major L'Enfant, who had been sent to France
to procure the Eagles, and to offer the order to the French officers who
had served in America. He brought the King's permission to his officers
to accept it, the letters of thanks of these officers accepting it,
letters of solicitation from other officers to obtain it, and the Eagles
themselves. The effect of all this on the minds of the members was to
undo much of what had been done; to rekindle all the passions which had
produced the institution, and silence all the dictates of prudence, which
had been operating for its abolition. After this, the General said, the
utmost that could be effected was the modification which took place, and
which provided for its extinction with the death of the existing members.
He declined the Presidency, and, I think, Baron Steuben was appointed. I
went soon after to France. While there, M. de Munier, charged with that
part of the Encyclopedie Methodique which relates to economy politique
and diplomatique, called on me with the article of that dictionary,
"Etats Unis," which he had prepared ready for the press, and begged I
would revise it and make any notes on it which I should think necessary
towards rendering it correct. I furnished him most of the matter of his
fifth, sixth, eighth, ninth, and tenth sections of the article "Etats
Unis," with which, however, he intermixed some of his own. The ninth is
that which relates to the Cincinnati. On this subject, the section, as
prepared by him, was an unjust and incorrect Philippic against General
Washington and the American officers in general. I wrote a substitute
for it, which he adopted, but still retaining considerable of his own
matter, and interspersing it in various parts.
Page 33. _"In a government constituted," &c._ Here begins the artful
complexion he has given to the two parties, Federal and Republican. In
describing the first by their views and motives, he implies an opposition
to those motives in their opponents which is totally untrue. The real
difference consisted in their different degrees of inclination to Monarchy
or Republicanism. The Federalists wished for everything which would
approach our new government to a Monarchy. The Republicans to preserve
it essentially Republican. This was the true origin of the division,
and remains still the essential principle of difference between the two
parties.
XLIV.
_Scheme for a system of Agricultural Societies. March, 1811._
Several persons, farmers and planters of the county of Albemarle, having,
during their visits and occasional meetings together, in conversations
on the subjects of their agricultural pursuits, received considerable
benefits from an intercommunication of their plans and processes in
husbandry, they have imagined that these benefits might be usefully
extended by enlarging the field of communication so as to embrace the
whole dimensions of the State. Were practical and observing husbandmen
in each county to form themselves into a society, commit to writing
themselves, or state in conversations at their meetings to be written
down by others, their practices and observations, their experiences
and ideas, selections from these might be made from time to time by
every one for his own use, or by the society or a committee of it, for
more general purposes. By an interchange of these selections among the
societies of the different counties, each might thus become possessed of
the useful ideas and processes of the whole; and every one adopt such
of them as he should deem suitable to his own situation. Or to abridge
the labor of such multiplied correspondences, a central society might
be agreed on to which, as a common deposit, all the others should send
their communications. The society thus honored by the general confidence,
would doubtless feel and fulfil the duty of selecting such papers as
should be worthy of entire communication, of extracting and digesting
from others whatever might be useful, and of condensing their matter
within such compass as might reconcile it to the reading, as well as to
the purchase of the great mass of practical men. Many circumstances would
recommend, for the central society, that which should be established in
the county of the seat of government. The necessary relations of every
county with that would afford facilities for all the transmissions which
should take place between them. The annual meeting of the legislature at
that place, the individuals of which would most frequently be members of
their county societies, would give opportunities of informal conferences
which might promote a general and useful understanding among all the
societies; and presses established there offer conveniences entirely
peculiar to that situation.
In a country, of whose interests agriculture forms the basis, wherein the
sum of productions is limited by the quantity of the labor it possesses,
and not of its lands, a more judicious employment of that labor would be a
clear addition of gain to individuals as well as to the nation, now lost
to both by a want of skill and information in its direction. Every one
must have seen farms otherwise equal, the one producing the double of the
other by the superior culture and management of its possessor; and every
one must have under his eye numerous examples of persons setting out in
life with no other possession than skill in agriculture, and speedily,
by its sole exercise, acquire wealth and independence. To promote,
therefore, the diffusion of this skill, and thereby to procure, with the
same labor now employed, greater means of subsistence and of happiness
to our fellow citizens, is the ultimate object of this Association; and
towards effecting it, we consider the following particulars among those
most worthy of the attention of the societies proposed.
1st. And principally the cultivation of our primary staples of wheat,
tobacco, and hemp, for market.
2d. All subsidiary articles for the support of the farm, the food, the
clothing and the comfort of the household, as Indian corn, rye, oats,
barley, buckwheat, millet, the family of peas and beans, the whole family
of grasses, turnips, potatoes, Jerusalem artichokes, and other useful
roots, cotton and flax, the garden and orchard.
3d. The care and services of useful animals for the saddle or draught,
for food or clothing, and the destruction of noxious quadrupeds, fowls,
insects, and reptiles.
4th. Rotations of crops, and the circumstances which should govern or
vary them, according to the varieties of soil, climate, and markets, of
our different counties.
5th. Implements of husbandry and operations with them, among which
the plough and all its kindred instruments for dividing the soil,
holds the first place, and the threshing machine an important one, the
simplification of which is a great desideratum. Successful examples,
too, of improvement in the operations of these instruments would be
an excitement to correct the slovenly and unproductive practices too
generally prevalent.
6th. Farm buildings and conveniences, inclosures, roads, fuel, timber.
7th. Manures, plaster, green-dressings, fallows, and other means of
ameliorating the soil.
8th. Calendars of works, showing how a given number of laborers and of
draught animals are to be employed every day in the year so as to perform
within themselves, and in their due time, according to the usual course
of seasons, all the operations of a farm of given size. This being
essential to the proportioning the labor to the size of the farm.
9th. A succinct report of the different practices of husbandry in the
county, including the bad as well as the good, that those who follow the
former may read and see their own condemnation in the same page which
offers better examples for their adoption. It is believed that a judicious
execution of this article alone, might nearly supersede every other duty
of the society, inasmuch as it would present every good practice which
has occurred to the mind of any cultivator of the State for imitation,
and every bad one for avoidance. And the choicest processes culled from
every farm, would compose a course probably near perfection.
10th. The county communications being first digested in their respective
societies, a methodical and compact digest and publication of these would
be the duty of the central society; and on the judicious performance of
this, would in a great degree depend the utility of the institutions,
and extent of improvement flowing from them.
11th. That we may not deter from becoming members, those practical and
observing husbandmen whose knowledge is the most valuable, and who are
mostly to be found in that portion of citizens with whom the observance
of economy is necessary, all duties of every kind should be performed
gratis; and to defray the expenses of the central publication alone,
each member should pay at the first stated meeting of his society in
every year, ---- dollars, for which he should be entitled to receive a
copy of the publication bound in boards.
12th. The first association of ---- persons in any county notifying
themselves as constituted to the central society, should be received
as the society of the county making a part of the general establishment
here proposed; but every county society should be free to adopt associate
members, although residents of other counties, and to receive and avail
the institution of communications from persons not members, whether in
or out of their county.
We are far from presuming to offer this organization and these principles
of constitution as complete, and worthy the implicit adoption of other
societies. They are suggested only as propositions for consideration
and amendment, and we shall readily accede to any others more likely to
effect the purposes we have in view. We know that agricultural societies
are already established in some counties; but we are not informed of
their particular constitutions. We request these to be admitted into
their brotherhood, and to make with them parts of one great whole. We
have learned that such a society is formed or forming at the seat of our
government. We ask their affiliation, and give them our suffrage for the
station of central society. We promise to all our zealous co-operation in
promoting the objects of the institution, and to contribute our mite in
exchange for the more abundant information we shall receive from others.
For these purposes we now constitute ourselves an agricultural society
of the county of Albemarle, and adopt as rules for present observance,
the principles before stated.
Our further organization shall be a President, Secretary and Treasurer,
to be chosen at the first stated meeting to be held in every year, by a
majority of the members present, provided those present be a majority of
the existing members, and to continue in office until another election
shall be made.
There shall be four stated meetings in ever year, to wit: on the first
Mondays in January, April, July and October.
The place of meeting, and rules of the society, shall be established,
revoked or altered, and new members admitted, at any of the stated
meetings, by a majority of the attending members, if they be a majority
of those present, not being less than one-fourth of the whole. And, lest
the powers given to the greater quorum of a majority of the whole, should
at any time remain unexercised from insufficient attendance, the same
may be exercised by a resolution of the lesser quorum of one-fourth,
passed at a stated meeting: provided it be confirmed at the next stated
meeting, by either a greater or lesser quorum, and in the meantime have
no force.
Those who for two whole years shall not have attended any stated meeting
shall, _ipso facto_, cease to be members. And to ascertain at all times
who are the existing members, the names of those attending every meeting
shall be regularly entered in the journals of the society.
The President shall preside at all meetings when present, and when
absent, a president _pro tempore_ may be appointed for that purpose _by
those present_.
XLV.
_Observations on the force and obligation of the common law in the
United States, on the occasion of Hardin's case, in Kentucky. November
11th, 1812._
The _common law of England_ is that system of law which was established
in that country anterior to the Magna Charta, 9 H. 3, before which period
no statutes are extant of record. It is used in contradistinction to
the term _statute law_, which comprehends all the laws passed by their
Parliament from the Magna Charta down to this day.
The term _common law_ is used also in contradistinction to the _chancery_,
as when we speak of the doctrines or courts of the common law, the
doctrines or courts of chancery, and then include the _statute law_ also.
In which sense the term is used, must always depend on the subject matter.
On the settlement of the colonies now composing the United States, and
the establishment of a legislature in each of them, that legislature,
in some cases, finding that the enacting a complete code of laws, which
should reach every transaction needing legislative regulation, would
be far beyond their time and abilities, adopted, by an express act of
their own, the laws of England as they stood at that date, comprehending
the common law, statutes to that period, and the chancery law. In other
cases, instead of adopting them by an express statute of their own, they
considered themselves as having brought with them, and been, even on
their passage, under the constant obligation of the laws of the mother
country, and on their arrival they continued to practice them without
any act of adoption, which practice or usage is evidence that there was
an adoption by general consent. In the case of Connecticut, they did not
adopt the common law of England at all as their basis, but declared by an
act of their own, that the law of God, as it stood revealed in the Old
and New Testament, should be the basis of their laws, to be subject to
such alterations as they should make. In all the cases where the common
law, or laws of England, were adopted either expressly or tacitly, the
legislatures held of course, and exercised the power of making additions
and alterations.
As the different States were settled at very different periods, and
the adoption for each State was the laws of England as they stood at
the moment of the adoption by the State, it is evident that the system
as adopted in 1607 by Virginia, was one thing, as by Pennsylvania was
another thing, as by Georgia, in 1759, was still a different one. And
when to this is added the very diversified modifications of the adoptive
code, produced by the subsequent laws passed by the legislatures of the
different States, the system of common law in force in any one State on
the 24th of September, 1789, when Congress assumed the jurisdiction given
them by the Constitution, was very different from the systems in force
at the same moment in the several other States: that in all of these the
common law was in force by virtue of the adoption of the State, express
or tacit, and that it was not in force in Connecticut, because they had
never adopted it.
Having settled, by way of preliminary, to what extent, and by what
authority, the common law of England is the law of each of the States,
we will proceed to consider how far, and by what authority, it is the
law of the United States as a national government.
By the Constitution, the General Government has jurisdiction in all cases
arising under the Constitution, under the (constitutional) laws of the
United States, and under treaties; in all cases, too, of ambassadors,
of admiralty jurisdiction, where the United States is a party, between
a State or its citizens, or another State or its citizens, or a foreign
State or its citizens.
The General Government, then, had a right to take under their cognizance
all these cases, and no others. This might have been done by Congress, by
passing a complete code, assuming the whole field of their jurisdiction,
and applying uniformly to every State, without any respect to the laws
of that State. But, like the State legislatures, who had been placed
before in a similar situation, they felt that it was a work of too much
time and difficulty to be undertaken. Observing, therefore, that (except
cases of piracy and murder on the high seas) all the cases within their
jurisdiction must arise in some of the States, they declared by the act
Sept. 24, 1789, c. 20, § 34, "That the laws of the several States, except
where the Constitution, treaties, or statutes of the United States shall
otherwise provide, shall be regarded as rules of decision in trials
at _common law_ in the courts of the United States in cases where they
apply."
Here, then, Congress adopt for each State the laws of that State; and
among the laws so adopted were portions of the common law, greater or
less in different States, and in force, not by any innate authority of
its own, but by the adoption or enacting of it by the State authority.
Now what was the opinion to which this was opposed? Several judges
of the General Government declared that "the common law of England is
the unwritten law of the United States in their national and federal
capacity." A State judge, in a printed work, lays it down as "certainly
wrong to say that the judiciary power of the nation can exercise no
authority but what depends for its principle on acts of the national
legislature." And then quoting the preamble to the Constitution of
the United States, which says that its object is "to insure domestic
tranquillity, promote the general welfare," &c., he adds, that "what
is here expressed is the _common law_ of the whole country," and that
"whatever is in opposition to it, whether treason, insurrection, sedition,
murder, riot, assaults, batteries, thefts or robberies, may be punished
as crimes, independent of any act of Congress." And opinions equivalent
to this were declared by one party on the floor of Congress. This is
the doctrine which the republicans declared heretical. They deny that
Congress can pass any law not authorized by the Constitution, and that
the judges can act on any law not authorized by Congress, or by the
Constitution in very direct terms.
If the true doctrine then be, that certain portions of the common and
statute law of England be in force in the different States by virtue of
the adoption of that State, and in the federal courts of the same State
by virtue of the adoption by Congress of the laws of that State within
its limits, then whenever a case is presented to a federal court, they
are to ask themselves the following questions:
1. Is this case within any of the definitions of jurisdiction given by
the Constitution to the General Government? If it be decided that it
is, then
2. Has Congress by any positive statute assumed cognizance of this case
as permitted them by the Constitution? To determine this question, the
judge must first look into the statutes of Congress generally; if he
finds it not there, he must look into the laws of the State, as well as
that portion of the English code which the State may have adopted, as
the acts passed specially by the legislature. If the case be actually
found provided for in these laws, another question still remains, viz.:
3. Is the law of the State applicable to the analogous case of the
General Government? for it may happen that a law of the State, adapted
perfectly to its own organization and local circumstances, may not
tally with the different organization or circumstances of the federal
government. If the difference be such as to defeat the application,
it must be considered as a case unprovided for by Congress, and not
cognizable in their courts. Just so parts of the common or statute law
of England are found by the State judges inapplicable to their State
from a difference of circumstance. These differences of circumstance
will be shaded off from nothing to direct inconsistence, and it will be
only by many decisions on a great variety of cases that the line will
at length be drawn.
Let us apply these questions to Hardin's case, which is simply this:
Congress, by an express statute, 1802, c. 13, § 6, have made the murder
of an Indian within the territory of the United States punishable by
death. A murder is committed on an Indian in that territory. The murderers
fly to Kentucky. They are demanded by the Governor of Indiana of the
Governor of Kentucky; under whose authority our officer attempting to
take them, they are protected by Hardin and others in arms.
1. Is this case within the jurisdiction of Congress? _Answer._ Congress
having a right "to make all rules and regulations respecting the territory
of the United States," have declared this to be a case of murder. As
they can "make all laws necessary and proper for carrying their powers
into execution," they can make the protecting a murderer criminal in
any part of the United States.
2. Has Congress assumed cognizance of the offence of Hardin? We must
first examine whether the act of Congress, 1790, c. 9, § 22, takes in
this offence. Then whether the laws of Kentucky, common, statute, or
State law, as adopted by Congress, comprehend this offence.
3. Whether any difference of organization or other circumstance renders
the law of Kentucky inapplicable to this offence, can be decided by
those only who are particularly acquainted with that law.
XLVI.
_Plan for Elementary Schools._
POPLAR FOREST, Sept 9th, 1817.
DEAR SIR,--I promised you that I would put into the form of a bill my
plan of establishing the Elementary Schools, without taking a cent from
the Literary fund. I have had leisure at this place, to do this, and now
send you the result. If twelve or fifteen hundred schools are to be placed
under one general administration, an attention so divided will amount
to a dereliction of them to themselves. It is surely better, then, to
place each school at once under the care of those most interested in its
conduct. In this way the Literary fund is left untouched to complete at
once the whole system of education, by establishing a college in every
district of about eighty miles square, for the second grade of education,
to wit: languages, ancient and modern, and for the third grade a single
University, in which the sciences shall be taught in their highest degree.
I should apologize, perhaps, for the style of this bill. I dislike the
verbose and intricate style of the English statutes, and in our revised
code I endeavored to restore it to the simple one of the ancient statutes,
in such original bills as I drew in that work. I suppose the reformation
has not been acceptable, as it has been little followed. You, however,
can easily correct this bill to the taste of my brother lawyers, by
making every other word a "said" or "aforesaid," and saying everything
over two or three times, so that nobody but we of the craft can untwist
the diction, and find out what it means; and that, too, not so plainly
but that we may conscientiously divide one half on each side. Mend it,
therefore, in form and substance to the orthodox taste, and make it what
it should be; or, if you think it radically wrong, try something else,
and let us make a beginning in some way. No matter how wrong, experience
will amend it as we go along, and make it effectual in the end.
I shall see you of course at our stated visitation, and hope all the
gentlemen will consider Monticello as the rendezvous of the preceding
day or evening.
I salute you with friendship and respect.
* * * * *
_An Act for establishing Elementary Schools._
1. Be it enacted by the General Assembly of Virginia, that at the first
session of the Superior Court in every county within this commonwealth,
next ensuing the passage of this act, the judge thereof shall appoint
three discreet and well-informed persons, residents of the county, and
not being ministers of the gospel[22] of any denomination, to serve
as visitors of the Elementary Schools in the said county; of which
appointment the sheriff shall, within fifteen days thereafter deliver a
certificate, under the hand of the clerk of the said court, to each of
the persons so appointed.
2. The said visitors shall meet at the court-house of their county on
the first county court day after they shall have received notice of
their appointment, and afterwards at such times and places as they, or
any two of them, with reasonable notice to the third, shall have agreed;
and shall proceed to divide their county into wards,[23] by metes and
bounds so designated as to comprehend each, about the number of militia
sufficient for a company, and so also as not to divide, and throw into
different wards[24] the lands of any one person held in one body; which
division into wards shall, within six months from the date of their
appointment, be completely designated, published, and reported, by their
metes and bounds, to the office of the clerk of the Superior Court,
there to be recorded, subject, however, to such alterations, from time
to time afterwards, as changes of circumstances shall, in the opinion
of the said visitors or their successors, with the approbation of the
said court, render expedient.
3. The original division into wards being made, the visitors shall
appoint days for the first meeting of every ward, at such place as they
shall name within the same, of which appointment notice shall be given
at least two weeks before the day of meeting, by advertisement at some
public place within the ward, requiring every free, white male citizen,
of full age, resident within the ward, to meet at the place, and by the
hour of twelve of the day so appointed, at which meeting some one of the
visitors shall also attend, and a majority of the said warders being
in attendance, the visitor present shall propose to them to decide by
a majority of their votes,--1. The location of a school-house for the
ward, and a dwelling-house for the teacher, (the owner of the ground
consenting thereto.) 2. The size and structure of the said houses; and
3. Whether the same shall be built by the joint labor of the warders,
or by their pecuniary contributions; and also 4. To elect by a plurality
of their votes a warden, resident, who shall direct and superintend the
said buildings, and be charged with their future care.
4. And if they decide that the said buildings[25] shall be erected by
the joint labor of the warders, then all persons within the said ward
liable to work in the highways, shall attend at the order of the warden,
and, under his direction, shall labor thereon until completed, under
the same penalties as provided by law to enforce labor on the highways.
And if they decide on erection by pecuniary contributions, the residents
and owners of property within the ward shall contribute toward the cost,
each in proportion to the taxes they last paid to the State for their
persons and for the same property: of which the sheriff or commissioners
shall furnish a statement to the warden, who, according to the ratio of
that statement, shall apportion and assess the quota of contribution
for each, and be authorized to demand, receive, and apply the same to
the purposes of the contribution, and to render account thereof, as in
all other his pecuniary transactions for the school, to the visitors;
and on failure of payment by any contributor, the sheriff, on the order
of the warden, shall collect and render the same under like powers and
regulations as provided for the collection of the public taxes. And
in every case it shall be the duty of the warden to have the buildings
completed within six months from the date of his election.
5. It shall be the duty of the said visitors to seek and to employ for
every ward,[26] whenever the number and ages of its children require it,
a person of good moral character, qualified to teach reading, writing,
numeral arithmetic and geography, whose subsistence shall be furnished by
the residents and proprietors of the ward, either in money or in kind, at
the choice of each contributor, and in the ratio of their public taxes,
to be apportioned and levied as on the failures before provided for. The
teacher shall also have the use of the house and accommodations provided
for him, and shall moreover receive annually such standing wages as the
visitors shall have determined to be proportioned on the residents and
proprietors of the ward, and to be paid, levied and applied as before
provided in other cases of pecuniary contribution. At this school shall
be received and instructed gratis, every infant of competent age who has
not already had three years schooling. And it is declared and enacted,
that no person unborn or under the age of twelve years at the passing
of this act, and who is _compos mentis_, shall, after the age of fifteen
years, be a citizen of this commonwealth until he or she can read readily
in some tongue, native or acquired.
6. To keep up a constant succession of visitors, the judge of the Superior
Court of every county shall at his first session in every bissextile year,
appoint visitors as before characterized, either the same or others, at
his discretion. And in case of the death or resignation of any visitor
during the term of his appointment, or of his removal by the said judge
for good cause, moral or physical, he shall appoint another to serve
until the next bissextile appointment. Which visitors shall have their
first meeting at their court house on the county court day next ensuing
their appointment, and afterwards at such times and places as themselves
or any two of them with reasonable notice to the third shall agree.
But the election of wardens shall be annually, at the first meeting of
the ward after the month of March, until which election the warden last
elected shall continue in office.
7. All ward meetings shall be at their school house, and on a failure
of the meeting of a majority of the wardens on the call of a visitor,
or of their warden, such visitor or warden may call another meeting.
8. At all times when repairs or alterations of the buildings before
provided for shall be wanting, it shall be the duty of the warden or of
a visitor, to call a ward meeting and to take the same measures towards
such repairs or alterations as are herein before authorized for the
original buildings.
9. When, on the application of any warden, authorized thereto by the
vote of his ward, the judge of the Superior Court shall be of opinion
that the contributors of any particular ward are disproportionably
and oppressively overburthened with an unusual number of children of
non-contributors of their ward, he may direct an order to the county
court to assess in their next county levy the whole or such part of the
extra burthen as he shall think excessive and unreasonable, to be paid
to the warden for its proper use, to which order the said county court
is required to conform.
10. The said teachers shall, in all things relating to the education and
government of their pupils, be under the direction and control of the
visitors; but no religious reading, instruction or exercise, shall be
prescribed or practiced inconsistent with the tenets of any religious
sect or denomination.
11. Some one of the visitors, once in every year at least, shall visit
the several schools: shall inquire into the proceedings and practices
thereat: shall examine the progress of the pupils, and give to those
who excel in reading, in writing, in arithmetic, or in geography, such
honorary marks and testimonies of approbation, as may encourage and
excite to industry and emulation.
12. All decisions and proceedings of the visitors relative to the original
designation of wards at any time before the buildings are begun, or
changes of wards at any time after, to the quantum of subsistence, or
wages allowed to the teacher, and to the rules prescribed to him for the
education and government of his pupils, shall be subject to be controlled
and corrected by the judge of the Superior Court of the county, on the
complaint of any individual aggrieved or interested.
FOOTNOTES:
[22] § 1. Ministers of the Gospel are excluded to avoid
jealousy from the other sects, were the public education
committed to the ministers of a particular one; and with
more reason than in the case of their exclusion from the
legislative and executive functions.
[23] § 2. This designation of the size of a ward is
founded on these considerations: 1st. That the population
which furnishes a company of militia will generally about
furnish children enough for a school. 2d. That in most
instances, at present, the militia captaincies being laid
off compactly by known and convenient metes and bounds, many
will be adopted without change, and others will furnish a
canvas to work on and to reform. 3d. That these wards once
established, will be found convenient and salutary aids
in the administration of government, of which they will
constitute the organic elements, and the first integral
members in the composition of the military.
[24] § 3. The prohibition to place among different wards
the lands of a single individual, held in a body is, 1st.
To save the proprietor from the perplexity of multiplied
responsibilities; and 2. To prevent arbitrary and inconsistent
apportionments, by different wardens, of the comparative
values of the different portions of his lands in their
respective wards.
[25] § 4. It is presumed that the wards will generally
build such log-houses for the school and teacher as they
now do, and will join force and build them themselves,
experience proving them to be as comfortable as they
are cheap. Nor would it be advisable to build expensive
houses in the country wards, which, from changes in their
population, will be liable to changes of their boundaries
and consequent displacements of their centre, drawing
with it a removal of their school-house. In towns, better
houses may be more safely built, or rented for both purposes.
[26] § 5. Estimating eight hundred militia to a county,
there will be twelve captaincies or wards in a county on
an average. Suppose each of these, three years in every
six, to have children enough for a school, who have not
yet had three years schooling; such a county will employ
six teachers, each serving two wards by alternate terms.
These teachers will be taken from the laboring classes, as
they are now, to wit: from that which furnishes mechanics,
overseers and tillers of the earth; and they will chiefly
be the cripples, the weakly and the old, of that class, who
will have been qualified for these functions by the ward
schools themselves. If put on a footing then, for wages and
subsistence, with the young and the able of their class,
they will be liberally compensated: say with one hundred
and fifty dollars wages and the usual allowance of meat
and bread. The subsistence will probably be contributed in
kind by the warders, out of their family stock. The wages
alone will be a pecuniary tax of about nine hundred dollars.
To a county, this addition would be of about one-fifth of
the taxes we now pay to the State, or about one-fifth of
one per cent, on every man's taxable property; if tax can
be called that which we give to our children in the most
valuable of all forms, that of instruction. Were those
schools to be established on the public funds, and to be
managed by the Governor and council, or the commissioners
of the Literary fund, brick houses to be built for the
schools and teachers, high wages and subsistence given
them, they would be badly managed, depraved by abuses,
and would exhaust the whole Literary fund. While under the
eye and animadversion of the wards, and the control of the
wardens and visitors, economy, diligence, and correctness
of conduct, will be enforced, the whole Literary fund will
be spared to complete the general system of education,
by colleges in every district for instruction in the
languages, and an university for the whole of the higher
sciences; and this, by an addition to our contributions
almost insensible, and which, in fact, will not be felt
as a burthen, because applied immediately and visibly to
the good of our children.
A question of some doubt might be raised on the latter
part of this section, as to the rights and duties of
society towards its members, infant and adult. Is it a
right or a duty in society to take care of their infant
members in opposition to the will of the parent? How far
does this right and duty extend?--to guard the life of
the infant, his property, his instruction, his morals?
The Roman father was supreme in all these: we draw a line,
but where?--public sentiment does not seem to have traced
it precisely. Nor is it necessary in the present case.
It is better to tolerate the rare instance of a parent
refusing to let his child be educated, than to shock the
common feelings and ideas by the forcible asportation and
education of the infant against the will of the father. What
is proposed here is to remove the objection of expense,
by offering education gratis, and to strengthen parental
excitement by the disfranchisement of his child while
uneducated. Society has certainly a right to disavow him
whom they offer, and are not permitted to qualify for the
duties of a citizen. If we do not force instruction, let
us at least strengthen the motives to receive it when offered.
XLVII.
_The solemn Declaration and Protest of the Commonwealth of Virginia,
on the principles of the Constitution of the United States of America,
and on the violations of them._
We, the General Assembly of Virginia, on behalf, and in the name of the
people thereof, do declare as follows:
The States in North America which confederated to establish their
independence of the government of Great Britain, of which Virginia was
one, became, on that acquisition, free and independent States, and as
such, authorized to constitute governments, each for itself, in such
form as it thought best.
They entered into a compact, (which is called the Constitution of the
United States of America,) by which they agreed to unite in a single
government as to their relations with each other, and with foreign
nations, and as to certain other articles particularly specified. They
retained at the same time, each to itself, the other rights of independent
government, comprehending mainly their domestic interests.
For the administration of their federal branch, they agreed to appoint,
in conjunction, a distinct set of functionaries, legislative, executive,
and judiciary, in the manner settled in that compact: while to each,
severally, and of course, remained its original right of appointing, each
for itself, a separate set of functionaries, legislative, executive,
and judiciary, also, for administering the domestic branch of their
respective governments.
These two sets of officers, each independent of the other, constitute thus
a _whole_ of government, for each State separately; the powers ascribed
to the one, as specifically made federal, exercised over the whole, the
residuary powers, retained to the other, exercisable exclusively over
its particular State, foreign herein, each to the others, as they were
before the original compact.
To this construction of government and distribution of its powers, the
commonwealth of Virginia does religiously and affectionately adhere,
opposing, with equal fidelity and firmness, the usurpation of either
set of functionaries on the rightful powers of the other.
But the federal branch has assumed in some cases, and claimed in others,
a right of enlarging its own powers by constructions, inferences, and
indefinite deductions from those directly given, which this assembly
does declare to be usurpations of the powers retained to the independent
branches, mere interpolations into the compact, and direct infractions
of it.
They claim, for example, and have commenced the exercise of a right to
construct roads, open canals, and effect other internal improvements
within the territories and jurisdictions exclusively belonging to the
several States, which this assembly does declare has not been given to
that branch by the constitutional compact, but remains to each State
among its domestic and unalienated powers, exercisable within itself
and by its domestic authorities alone.
This assembly does further disavow and declare to be most false and
unfounded, the doctrine that the compact, in authorizing its federal
branch to lay and collect taxes, duties, imposts and excises to pay
the debts and provide for the common defence and general welfare of the
United States, has given them thereby a power to do whatever _they_ may
think, or pretend, would promote the general welfare, which construction
would make that, of itself, a complete government, without limitation
of powers; but that the plain sense and obvious meaning were, that they
might levy the taxes necessary to provide for the general welfare, by
the various acts of power therein specified and delegated to them, and
by no others.
Nor is it admitted, as has been said, that the people of these States, by
not investing their federal branch with all the means of bettering their
condition, have denied to themselves any which may effect that purpose;
since, in the distribution of these means they have given to that branch
those which belong to its department, and to the States have reserved
separately the residue which belong to them separately. And thus by the
organization of the two branches taken together, have completely secured
the first object of human association, the full improvement of their
condition, and reserved to themselves all the faculties of multiplying
their own blessings.
Whilst the General Assembly thus declares the rights retained by the
States, rights which they have never yielded, and which this State
will never voluntarily yield, they do not mean to raise the banner of
disaffection, or of separation from their sister States, co-parties
with themselves to this compact. They know and value too highly the
blessings of their Union as to foreign nations and questions arising
among themselves, to consider every infraction as to be met by actual
resistance. They respect too affectionately the opinions of those
possessing the same rights under the same instrument, to make every
difference of construction a ground of immediate rupture. They would,
indeed, consider such a rupture as among the greatest calamities which
could befall them; but not the greatest. There is yet one greater,
submission to a government of unlimited powers. It is only when the
hope of avoiding this shall become absolutely desperate, that further
forbearance could not be indulged. Should a majority of the co-parties,
therefore, contrary to the expectation and hope of this assembly, prefer,
at this time, acquiescence in these assumptions of power by the federal
member of the government, we will be patient and suffer much, under
the confidence that time, ere it be too late, will prove to them also
the bitter consequences in which that usurpation will involve us all.
In the meanwhile, we will breast with them, rather than separate from
them, every misfortune, save that only of living under a government of
unlimited powers. We owe every other sacrifice to ourselves, to our
federal brethren, and to the world at large, to pursue with temper
and perseverance the great experiment which shall prove that man is
capable of living in society, governing itself by laws self-imposed, and
securing to its members the enjoyment of life, liberty, property, and
peace; and further to show, that even when the government of its choice
shall manifest a tendency to degeneracy, we are not at once to despair
but that the will and the watchfulness of its sounder parts will reform
its aberrations, recall it to original and legitimate principles, and
restrain it within the rightful limits of self-government. And these
are the objects of this Declaration and Protest.
Supposing then, that it might be for the good of the whole, as some of
its co-States seem to think, that the power of making roads and canals
should be added to those directly given to the federal branch, as more
likely to be systematically and beneficially directed, than by the
independent action of the several States, this commonwealth, from respect
to these opinions, and a desire of conciliation with its co-States, will
consent, in concurrence with them, to make this addition, provided it be
done regularly by an amendment of the compact, in the way established by
that instrument, and provided also, it be sufficiently guarded against
abuses, compromises, and corrupt practices, not only of possible, but
of probable occurrence.
And as a further pledge of the sincere and cordial attachment of this
commonwealth to the union of the whole, so far as has been consented
to by the compact called "The Constitution of the United States of
America," (constructed according to the plain and ordinary meaning
of its language, to the common intendment of the time, and of those
who framed it;) to give also to all parties and authorities, time for
reflection and for consideration, whether, under a temperate view of
the possible consequences, and especially of the constant obstructions
which an equivocal majority must ever expect to meet, they will still
prefer the assumption of this power rather than its acceptance from the
free will of their constituents; and to preserve peace in the meanwhile,
we proceed to make it the duty of our citizens, until the legislature
shall otherwise and ultimately decide, to acquiesce under those acts
of the federal branch of our government which we have declared to be
usurpations, and against which, in point of right, we do protest as null
and void, and never to be quoted as precedents of right.
We therefore do enact, and be it enacted by the General Assembly of
Virginia, that all citizens of this commonwealth, and persons and
authorities within the same, shall pay full obedience at all times to
the acts which may be passed by the Congress of the United States, the
object of which shall be the construction of post roads, making canals of
navigation, and maintaining the same in any part of the United States,
in like manner as if said acts were, _totidem verbis_, passed by the
Legislature of this Commonwealth.
XLVIII.
_Thoughts on Lotteries. February, 1826._
It is a common idea that games of chance are immoral. But what is
chance? Nothing happens in this world without a cause. If we know the
cause, we do not call it chance; but if we do not know it, we say it was
produced by chance. If we see a loaded die turn its lightest side up,
we know the cause, and that it is not an effect of chance; but whatever
side an unloaded die turns up, not knowing the cause, we say it is
the effect of chance. Yet the morality of a thing cannot depend on our
knowledge or ignorance of its cause. Not knowing why a particular side
of an unloaded die turns up, cannot make the act of throwing it, or of
betting on it, immoral. If we consider games of chance immoral, then
every pursuit of human industry is immoral; for there is not a single
one that is not subject to chance, not one wherein you do not risk a
loss for the chance of some gain. The navigator, for example, risks
his ship in the hope (if she is not lost in the voyage) of gaining an
advantageous freight. The merchant risks his cargo to gain a better
price for it. A landholder builds a house on the risk of indemnifying
himself by a rent. The hunter hazards his time and trouble in the hope
of killing game. In all these pursuits, you stake some one thing against
another which you hope to win. But the greatest of all gamblers is the
farmer. He risks the seed he puts into the ground, the rent he pays for
the ground itself, the year's labor on it, and the wear and tear of his
cattle and gear, to win a crop, which the chances of too much or too
little rain, and general uncertainties of weather, insects, waste, &c.,
often make a total or partial loss. These, then, are games of chance.
Yet so far from being immoral, they are indispensable to the existence
of man, and every one has a natural right to choose for his pursuit such
one of them as he thinks most likely to furnish him subsistence. Almost
all these pursuits of chance produce something useful to society. But
there are some which produce nothing, and endanger the well-being of the
individuals engaged in them, or of others depending on them. Such are
games with cards, dice, billiards, &c. And although the pursuit of them
is a matter of natural right, yet society, perceiving the irresistible
bent of some of its members to pursue them, and the ruin produced by
them to the families depending on these individuals, consider it as a
case of insanity, _quoad hoc_, step in to protect the family and the
party himself, as in other cases of insanity, infancy, imbecility, &c.,
and suppress the pursuit altogether, and the natural right of following
it. There are some other games of chance, useful on certain occasions,
and injurious only when carried beyond their useful bounds. Such are
insurances, lotteries, raffles, &c. These they do not suppress, but
take their regulation under their own discretion. The insurance of
ships on voyages is a vocation of chance, yet useful, and the right to
exercise it therefore is left free. So of houses against fire, doubtful
debts, the continuance of a particular life, and similar cases. Money is
wanting for a useful undertaking, as a school, &c., for which a direct
tax would be disapproved. It is raised therefore by a lottery, wherein
the tax is laid on the willing only, that is to say, on those who can
risk the price of a ticket without sensible injury for the possibility
of a higher prize. An article of property, insusceptible of division
at all, or not without great diminution of its worth, is sometimes of
so large value as that no purchaser can be found while the owner owes
debts, has no other means of payment, and his creditors no other chance
of obtaining it but by its sale at a full and fair price. The lottery
is here a salutary instrument for disposing of it, where many run small
risks for the chance of obtaining a high prize. In this way the great
estate of the late Colonel Byrd (in 1756) was made competent to pay his
debts, which, had the whole been brought into the market at once, would
have overdone the demand, would have sold at half or quarter the value,
and sacrificed the creditors, half or three-fourths of whom would have
lost their debts. This method of selling was formerly very much resorted
to, until it was thought to nourish too much a spirit of hazard. The
legislature were therefore induced not to suppress it altogether, but
to take it under their own special regulation. This they did for the
first time by their act of 1769, c. 17, before which time every person
exercised the right freely; and since which time, it is made unlawful
but when approved and authorized by a special act of the legislature.
Since then this right of sale, by way of lottery, has been exercised only
under the jurisdiction of the legislature. Let us examine the purposes
for which they have allowed it in practice, not looking beyond the date
of our independence.
1. It was for a long time an item of the standing revenue of the State.
1813. c. 1, § 3. An act imposing taxes for the support of government,
and c. 2, § 10.
1814. Dec. c. 1, § 3.
1814. Feb. c. 1, § 3.
1818. c. 1, § 1.
1819. c. 1.
1820. c. 1.
This, then, is a declaration by the nation, that an act was not immoral,
of which they were in the habitual use themselves as a part of the regular
means of supporting the government; the tax on the vender of tickets was
their share of the profits, and if their share was innocent, his could
not be criminal.
2. It has been abundantly permitted to raise money by lottery for the
purposes of schools; and in this, as in many other cases, the lottery
has been permitted to retain a part of the money (generally from ten to
fifteen per cent.) for the use to which the lottery has been applied.
So that while the adventurers paid one hundred dollars for tickets, they
received back eighty-five or ninety dollars only in the form of prizes,
the remaining ten or fifteen being the tax levied on them, with their
own consent. Examples are,
1784. c. 34. Authorizing the city of Williamsburg to raise £2,000
for a grammar school.
1789. c. 68. For Randolph Academy, £1,000.
1789. c. 73. For Fauquier Academy, £500.
c. 74. For the Fredericksburg Academy, £4,000.
1790. c. 46. For the Transylvanian Seminary, £500.
For the Southampton Academy, £300.
1796. c. 82. For the New London Academy. }[27]
1803. c. 49. For the Fredericksburg Charity School. }
c. 50. For finishing the Strasburg Seminary. }
c. 58. For William and Mary College. }
c. 62. For the Bannister Academy. }
c. 79. For the Belfield Academy. }
c. 82. For the Petersburg Academy. }
1804. c. 40. For the Hotsprings Seminary. }
c. 76. For the Stevensburg Academy. }
c. 100. For William and Mary College. }
1805. c. 24. For the Rumford Academy. }
1812. c. 10. For the Literary Fund. To sell the privilege for
$30,000 annually, for seven years.
1816. c. 80. For Norfolk Academy, $12,000.
Norfolk Female Society, $2,000.
Lancastrian School, $6,000.
3. The next object of lotteries has been rivers.
1790. c. 46. For a bridge between Gosport and Portsmouth,
£400.
1796. c. 83. For clearing Roanoke River.
1804. c. 62. For clearing Quantico Creek.
1805. c. 42. For a toll bridge over Cheat River.
1816. c. 49. For the Dismal Swamp, $50,000.
4. For roads.
1790. c. 46. For a road to Warminster, £200.
For cutting a road from Rockfish gap to Scott's
and Nicholas's landing, £400.
1796. c. 85. To repair certain roads.
1803. c. 60. For improving roads to Snigger's and Ashby's
gaps.
c. 61. For opening a road to Brock's gap.
c. 65. For opening a road from the town of Monroe to
Sweet Springs and Lewisburg.
c. 71. For improving the road to Brock's gap.
1805. c. 5. For improving the road to Clarksburg.
c. 26. For opening a road from Monongalia Glades to
Fishing Creek.
1813. c. 44. For opening a road from Thornton's gap.
5. Lotteries for the benefit of counties.
1796. c. 78. To authorize a lottery in the county of Shenandoah.
c. 84. To authorize a lottery in the county of Gloucester.
6. Lotteries for the benefit of towns.
1782. c. 31. Richmond, for a bridge over Shockoe, amount not
limited.
1789. c. 75. Alexandria, to pave its streets, £1,500.
1790. c. 46. do. do. £5,000.
1796. c. 79. Norfolk, one or more lotteries authorized.
c. 81. Petersburg, a lottery authorized.
1803. c. 12. Woodstock, do.
c. 48. Fredericksburg, for improving its main street.
c. 73. Harrisonburg, for improving its streets.
7. Lotteries for religious congregations.
1785. c. 111. Completing a church in Winchester.
For rebuilding a church in the parish of Elizabeth
River.
1791. c. 69. For the benefit of the Episcopal society.
1790. c. 46. For building a church in Warminster, £200.
in Halifax, £200.
in Alexandria, £500.
in Petersburg, £750.
in Shepherdstown, £250.
8. Lotteries for private societies.
1790. c. 46. For the Amicable Society in Richmond, £1,000.
1791. c. 70. For building a Freemason's Hall in Charlotte,
£750.
9. Lotteries for the benefit of private individuals. [To raise money
for them.]
1796. c. 80. For the sufferers by fire in the town of Lexington.
1781. c. 6. For completing titles under Byrd's lottery.
1790. c. 46. To erect a paper mill in Staunton, £300.
To raise £2,000 for Nathaniel Twining.
1791. c. 73. To raise £4,000 for William Tatham, to enable
him to complete his geographical work.
To enable ---- to complete a literary work.[28]
We have seen, then, that every vocation in life is subject to the
influence of chance; that so far from being rendered immoral by the
admixture of that ingredient, were they abandoned on that account,
man could no longer subsist; that, among them, every one has a natural
right to choose that which he thinks most likely to give him comfortable
subsistence; but that while the greater number of these pursuits are
productive of something which adds to the necessaries and comforts of
life, others again, such as cards, dice, &c., are entirely unproductive,
doing good to none, injury to many, yet so easy, and so seducing in
practice to men of a certain constitution of mind, that they cannot
resist the temptation, be the consequences what they may; that in this
case, as in those of insanity, idiocy, infancy, &c., it is the duty of
society to take them under its protection, even against their own acts,
and to restrain their right of choice of these pursuits, by suppressing
them entirely; that there are others, as lotteries particularly, which,
although liable to chance also, are useful for many purposes, and are
therefore retained and placed under the discretion of the Legislature, to
be permitted or refused according to the circumstances of every special
case, of which they are to judge; that between the years 1782 and 1820,
a space of thirty-eight years only, we have observed seventy cases, where
the permission of them has been found useful by the Legislature, some of
which are in progress at this time. These cases relate to the emolument
of the whole State, to local benefits of education, of navigation, of
roads, of counties, towns, religious assemblies, private societies, and
of individuals under particular circumstances which may claim indulgence
or favor. The latter is the case now submitted to the Legislature, and
the question is, whether the individual soliciting their attention, or
his situation, may merit that degree of consideration which will justify
the Legislature in permitting him to avail himself of the mode of selling
by lottery, for the purpose of paying his debts.
That a fair price cannot be obtained by sale in the ordinary way, and
in the present depressed state of agricultural industry, is well known.
Lands in this State will now sell for more than a third or fourth of what
they would have brought a few years ago, perhaps at the very time of the
contraction of the debts for which they are now to be sold. The low price
in foreign markets, for a series of years past, of agricultural produce,
of wheat generally, of tobacco most commonly, and the accumulation of
duties on the articles of consumption not produced within our State, not
only disable the farmer or planter from adding to his farm by purchase,
but reduces him to sell his own, and remove to the western country,
glutting the market he leaves, while he lessens the number of bidders.
To be protected against this sacrifice is the object of the present
application, and whether the applicant has any particular claim to this
protection, is the present question.
Here the answer must be left to others. It is not for me to give it. I
may, however, more readily than others, suggest the offices in which I
have served. I came of age in 1764, and was soon put into the nomination
of justice of the county in which I live, and at the first election
following I became one of its representatives in the Legislature.
I was thence sent to the old Congress.
Then employed two years with Mr. Pendleton and Mr. Wythe, on the revisal
and reduction to a single code of the whole body of the British statutes,
the acts of our Assembly, and certain parts of the common law.
Then elected Governor.
Next to the Legislature, and to Congress again.
Sent to Europe as Minister Plenipotentiary.
Appointed Secretary of State to the new government.
Elected Vice-President, and
President. And lastly, a Visitor and Rector of the University. In these
different offices, with scarcely any interval between them, I have been
in the public service now sixty-one years; and during the far greater
part of the time, in foreign countries or in other States. Every one
knows how inevitably a Virginia estate goes to ruin, when the owner is
so far distant as to be unable to pay attention to it himself; and the
more especially, when the line of his employment is of a character to
abstract and alienate his mind entirely from the knowledge necessary to
good, and even to saving management.
If it were thought worth while to specify any particular services
rendered, I would refer to the specification of them made by the
Legislature itself in their Farewell Address, on my retiring from
the Presidency, February, 1809. [This will be found in 2 Pleasant's
Collection, page 144.] There is one, however, not therein specified, the
most important in its consequences, of any transaction in any portion of
my life; to wit, the head I personally made against the federal principles
and proceedings, during the administration of Mr. Adams. Their usurpations
and violations of the constitution at that period, and their majority in
both Houses of Congress, were so great, so decided, and so daring, that
after combating their aggressions, inch by inch, without being able in
the least to check their career, the republican leaders thought it would
be best for them to give up their useless efforts there, go home, get
into their respective Legislatures, embody whatever of resistance they
could be formed into, and if ineffectual, to perish there as in the last
ditch. All, therefore, retired, leaving Mr. Gallatin alone in the House
of Representatives, and myself in the Senate, where I then presided as
Vice-President. Remaining at our posts, and bidding defiance to the brow
beatings and insults by which they endeavored to drive us off also, we
kept the mass of republicans in phalanx together, until the Legislature
could be brought up to the charge; and nothing on earth is more certain,
than that if myself particularly, placed by my office of Vice-President
at the head of the republicans, had given way and withdrawn from my post,
the republicans throughout the Union would have given up in despair,
and the cause would have been lost forever. By holding on, we obtained
time for the Legislature to come up with their weight; and those of
Virginia and Kentucky particularly, but more especially the former, by
their celebrated resolutions, saved the constitution at its last gasp.
No person who was not a witness of the scenes of that gloomy period, can
form any idea of the afflicting persecutions and personal indignities we
had to brook. They saved our country however. The spirits of the people
were so much subdued and reduced to despair by the X Y Z imposture, and
other stratagems and machinations, that they would have sunk into apathy
and monarchy, as the only form of government which could maintain itself.
If Legislative services are worth mentioning, and the stamp of liberality
and equality, which was necessary to be imposed on our laws in the
first crisis of our birth as a nation, was of any value, they will find
that the leading and most important laws of that day were prepared by
myself, and carried chiefly by my efforts; supported, indeed, by able
and faithful coadjutors from the ranks of the House, very effective as
seconds, but who would not have taken the field as leaders.
The prohibition of the further importation of slaves was the first of
these measures in time.
This was followed by the abolition of entails, which broke up the
hereditary and high-handed aristocracy, which, by accumulating immense
masses of property in single lines of families, had divided our country
into two distinct orders, of nobles and plebeians.
But further to complete the equality among our citizens so essential to
the maintenance of republican government, it was necessary to abolish
the principle of primogeniture. I drew the law of descents, giving equal
inheritance to sons and daughters, which made a part of the revised code.
The attack on the establishment of a dominant religion, was first made
by myself. It could be carried at first only by a suspension of salaries
for one year, by battling it again at the next session for another year,
and so from year to year, until the public mind was ripened for the
bill for establishing religious freedom, which I had prepared for the
revised code also. This was at length established permanently, and by
the efforts chiefly of Mr. Madison, being myself in Europe at the time
that work was brought forward.
To these particular services, I think I might add the establishment of
our University, as principally my work, acknowledging at the same time,
as I do, the great assistance received from my able colleagues of the
Visitation. But my residence in the vicinity threw, of course, on me
the chief burthen of the enterprise, as well of the buildings as of the
general organization and care of the whole. The effect of this institution
on the future fame, fortune and prosperity of our country, can as yet
be seen but at a distance. But an hundred well-educated youths, which
it will turn out annually, and ere long, will fill all its offices with
men of superior qualifications, and raise it from its humble state to
an eminence among its associates which it has never yet known; no, not
in its brightest days. That institution is now qualified to raise its
youth to an order of science unequalled in any other State; and this
superiority will be the greater from the free range of mind encouraged
there, and the restraint imposed at other seminaries by the shackles
of a domineering hierarchy, and a bigoted adhesion to ancient habits.
Those now on the theatre of affairs will enjoy the ineffable happiness of
seeing themselves succeeded by sons of a grade of science beyond their
own ken. Our sister States will also be repairing to the same fountains
of instruction, will bring hither their genius to be kindled at our fire,
and will carry back the fraternal affections which, nourished by the same
_alma mater_, will knit us to them by the indissoluble bonds of early
personal friendships. The good Old Dominion, the blessed mother of us
all, will then raise her head with pride among the nations, will present
to them that splendor of genius which she has ever possessed, but has
too long suffered to rest uncultivated and unknown, and will become a
centre of ralliance to the States whose youth she has instructed, and,
as it were, adopted.
I claim some share in the merits of this great work of regeneration. My
whole labors, now for many years, have been devoted to it, and I stand
pledged to follow it up through the remnant of life remaining to me.
And what remuneration do I ask? Money from the treasury? Not a cent. I
ask nothing from the earnings or labors of my fellow citizens. I wish
no man's comforts to be abridged for the enlargement of mine. For the
services rendered on all occasions, I have been always paid to my full
satisfaction. I never wished a dollar more than what the law had fixed
on. My request is, only to be permitted to sell my own property freely
to pay my own debts. To _sell_ it, I say, and not to _sacrifice_ it, not
to have it gobbled up by speculators to make fortunes for themselves,
leaving unpaid those who have trusted to my good faith, and myself without
resource in the last and most helpless stage of life. If permitted to
sell it in a way which will bring me a fair price, all will be honestly
and honorably paid, and a competence left for myself, and for those who
look to me for subsistence. To sell it in a way which will offend no moral
principle, and expose none to risk but the willing, and those wishing
to be permitted to take the chance of gain. To give me, in short, that
permission which you often allow to others for purposes not more moral.
Will it be objected, that although not evil in itself, it may, as a
precedent, lead to evil? But let those who shall quote the precedent
bring their case within the same measure. Have they, as in this case,
devoted three-score years and one of their lives, uninterruptedly, to
the service of their country? Have the times of those services been
as trying as those which have embraced our Revolution, our transition
from a colonial to a free structure of government? Have the stations of
their trial been of equal importance? Has the share they have borne in
holding their new government to its genuine principles, been equally
marked? And has the cause of the distress, against which they seek a
remedy, proceeded, not merely from themselves, but from errors of the
public authorities, disordering the circulating medium, over which they
had no control, and which have, in fact, doubled and trebled debts, by
reducing, in that proportion, the value of the property which was to pay
them? If all these circumstances, which characterize the present case,
have taken place in theirs also, then follow the precedent. Be assured,
the cases will be so rare as to produce no embarrassment, as never to
settle into an injurious habit. The single feature of a sixty years'
service, as no other instance of it has yet occurred in our country, so
it probably never may again. And should it occur, even once and again,
it will not impoverish your treasury, as it takes nothing from that, and
asks but a simple permission, by an act of natural right, to do one of
moral justice.
FOOTNOTES:
[27] The acts not being at hand, the sums allowed are not known.
[28] I found such an act, but not noting it at the time,
I have not been able to find it again. But there is such
an one.
XLIX.
_Mr. Jefferson's Will._
I, Thomas Jefferson, of Monticello, in Albemarle, being of sound mind
and in my ordinary state of health, make my last will and testament in
manner and form as follows:
I give to my grandson Francis Eppes, son of my dear deceased daughter
Mary Eppes, in fee simple, all that part of my lands at Poplar Forest
lying west of the following lines, to wit: beginning at Radford's upper
corner, near the double branches of Bear Creek and the public road, and
running thence in a straight line to the fork of my private road, near
the barn; thence along that private road, (as it was changed in 1817,)
to its crossing of the main branch of North Tomahawk Creek; and from
that crossing, in a direct line over the main ridge which divides the
North and South Tomahawk, to the South Tomahawk, at the confluence of
two branches where the old road to the Waterlick crossed it, and from
that confluence up the northernmost branch, (which separate M'Daniels'
and Perry's fields,) to its source; and thence by the shortest line
to my western boundary. And having, in a former correspondence with
my deceased son-in-law John W. Eppes, contemplated laying off for him,
with remainder to my grandson Francis, a certain portion in the southern
part of my lands in Bedford and Campbell, which I afterwards found to be
generally more indifferent than I had supposed, and therefore determined
to change its location for the better; now to remove all doubt, if
any could arise on a purpose merely voluntary and unexecuted, I hereby
declare that what I have herein given to my said grandson Francis, is
instead of, and not additional to, what I had formerly contemplated. I
subject all my other property to the payment of my debts in the first
place. Considering the insolvent state of the affairs of my friend and
son-in-law Thomas Mann Randolph, and that what will remain of my property
will be the only resource against the want in which his family would
otherwise be left, it must be his wish, as it is my duty, to guard that
resource against all liability for his debts, engagements or purposes
whatsoever, and to preclude the rights, powers, and authorities over
it, which might result to him by operation of law, and which might,
independently of his will, bring it within the power of his creditors,
I do hereby devise and bequeath all the residue of my property, real
and personal, in possession or in action, whether held in my own right,
or in that of my dear deceased wife, according to the powers vested
in me by deed of settlement for that purpose, to my grandson Thomas J.
Randolph, and my friends Nicholas P. Trist and Alexander Garrett, and
their heirs, during the life of my said son-in-law Thomas M. Randolph,
to be held and administered by them, in trust, for the sole and separate
use and behoof of my dear daughter Martha Randolph, and her heirs; and
aware of the nice and difficult distinction of the law in these cases,
I will further explain by saying, that I understand and intend the
effect of these limitations to be, that the legal estate and actual
occupation shall be vested in my said trustees, and held by them in
base fee, determinable on the death of my said son-in-law, and the
remainder during the same time be vested in my said daughter and her
heirs, and of course disposable by her last will, and that at the death
of my said son-in-law, the particular estate of the trustees shall be
determined, and the remainder, in legal estate, possession, and use,
become vested in my said daughter and her heirs, in absolute property
forever. In consequence of the variety and indescribableness of the
articles of property within the house at Monticello, and the difficulty
of inventorying and appraising them separately and specifically, and
its inutility, I dispense with having them inventoried and appraised;
and it is my will that my executors be not held to give any security for
the administration of my estate. I appoint my grandson Thomas Jefferson
Randolph, my sole executor during his life, and after his death, I
constitute executors my friends Nicholas P. Trist and Alexander Garrett,
joining to them my daughter Martha Randolph, after the death of my said
son-in-law Thomas M. Randolph. Lastly, I revoke all former wills by me
heretofore made; and in witness that this is my will, I have written
the whole with my own hand on two pages, and have subscribed my name
to each of them this sixteenth day of March, one thousand eight hundred
and twenty-six.
* * * * *
I, Thomas Jefferson, of Monticello, in Albemarle, make and add the
following codicil to my will, controlling the same so far as its
provisions go:
I recommend to my daughter Martha Randolph, the maintenance and care
of my well beloved sister Anne Scott, and trust confidently that from
affection to her, as well as for my sake, she will never let her want a
comfort. I have made no specific provision for the comfortable maintenance
of my son-in-law Thomas M. Randolph, because of the difficulty and
uncertainty of devising terms which shall vest any beneficial interest
in him, which the law will not transfer to the benefit of his creditors,
to the destitution of my daughter and her family, and disablement of
her to supply him: whereas, property placed under the exclusive control
of my daughter and her independent will, as if she were a femme sole,
considering the relation in which she stands both to him and his children,
will be a certain resource against want for all.
I give to my friend James Madison, of Montpelier, my gold-mounted
walking staff of animal horn, as a token of the cordial and affectionate
friendship which for nearly now an half century, has united us in the
same principles and pursuits of what we have deemed for the greatest
good of our country.
I give to the University of Virginia my library, except such particular
books only, and of the same edition, as it may already possess, when this
legacy shall take effect; the rest of my said library, remaining after
those given to the University shall have been taken out, I give to my two
grandsons-in-law Nicholas P. Trist and Joseph Coolidge. To my grandson
Thomas Jefferson Randolph, I give my silver watch in preference of the
golden one, because of its superior excellence. My papers of business
going of course to him, as my executor, all others of a literary or
other character I give to him as of his own property.
I give a gold watch to each of my grandchildren, who shall not have
already received one from me, to be purchased and delivered by my executor
to my grandsons, at the age of twenty-one, and granddaughters at that
of sixteen.
I give to my good, affectionate, and faithful servant Burwell, his
freedom, and the sum of three hundred dollars, to buy necessaries to
commence his trade of glazier, or to use otherwise, as he pleases.
I give also to my good servants John Hemings and Joe Fossett, their
freedom at the end of one year after my death; and to each of them
respectively, all the tools of their respective shops or callings; and
it is my will that a comfortable log-house be built for each of the three
servants so emancipated, on some part of my lands convenient to them with
respect to the residence of their wives, and to Charlottesville and the
University, where they will be mostly employed, and reasonably convenient
also to the interests of the proprietor of the lands, of which houses
I give the use of one, with a curtilage of an acre to each, during his
life or personal occupation thereof.
I give also to John Hemings the service of his two apprentices Madison
and Eston Hemings, until their respective ages of twenty-one years, at
which period respectively, I give them their freedom; and I humbly and
earnestly request of the legislature of Virginia a confirmation of the
bequest of freedom to these servants, with permission to remain in this
State, where their families and connections are, as an additional instance
of the favor, of which I have received so many other manifestations in
the course of my life, and for which I now give them my last, solemn,
and dutiful thanks.
In testimony that this is a codicil to my will of yesterday's date, and
that it is to modify so far the provisions of that will, I have written
it all with my own hand in two pages, to each of which I subscribe my
name, this seventeenth day of March, one thousand eight hundred and
twenty-six.
GENERAL INDEX.
(A.)
_Aborigines of America._--
Vol. iii.--
The origin of, 109.
Vol. viii., 344.
_Adams, John._--
Vol. i.--
His views of the Articles of Confederation, 33.
Appointed Minister to England, 63.
His presentation at the Court of St. James, 436.
Vol. ii.--
Views of character of, 107.
Vol. ix., 97.
His recall from England, 110.
Mr. Jefferson's views of his new work, 128, 282.
Vol. iii.--
His alienation from Mr. Jefferson, 257.
His anonymous contributions to newspapers, 267.
Letters from Jefferson, explaining the difference between them,
270.
Vol. iv., 545, 555, 560.
Friendly relations with Jefferson restored, 292.
Vol. v., 559, 560.
Vol. vi., 30, 31, 36, 125.
Vol. iv.--
Opposition to his administration on the question of war with
France, 229.
The effects of his war policy, 234, 235.
Expenses of his administration, 259.
State of parties during his administration, 262, 263.
His appointments to office, 356, 383, 386.
Relations between him and Jefferson, 545, 555, 560.
Policy of his administration relative to French war, 290, 291,
298.
Vol. v.--
Difference between his political opinions and Hamilton's, 551.
Vol. vi.--
His views of Washington's administration, 157.
His political principles, 152, 162, 166, 208, 357, 473, 500.
Vol. ix., 189, 194.
Terrorism excited against him, 155.
His religious opinions, 150, 159, 168, 171, 174, 172, 204, 208,
251, 264, 325, 357, 473, 545, 599, 601.
Vol. vii., 59, 68, 219, 280.
[See Religion.]
His views of the eighteenth and nineteenth centuries, 501, 545.
The French encyclopedists, 555.
His views of different systems of philosophy, 556.
His views on aristocracy, 160, 222, 254, 260.
Vol. vii.--
His estimate of life, 30.
His reading, 59, 69.
Calumnies of Pickering against, 58, 62.
His views of metaphysics, 71.
His views of Bonaparte, 71.
Letter of condolence to, from Mr. Jefferson, 107.
Oldest signer of the Declaration of Independence, 218, 219.
Vol. ix.--
In favor of a strong government, 189, 194.
Believes disunion inevitable, 203.
_Adams, John Q._--
Vol. vii.--
Made Secretary of State, 85.
_Adams, Samuel._--
Vol. i.--
His character, 121.
_Advice._--
Vol. vii.--
Letter of, 401.
_Agriculture._--
Vol. i.--
Superiority to all other pursuits, 403, 465.
That of England and France compared, 549.
Vol. ii.--
Condition of, in the South of France, 135.
Vol. iv.--
Profits of, in Virginia, 1.
Vol. v.--
The science of, 224.
Implements of, 226.
Products of, adapted to U. States, 314.
Jefferson's partiality for.
[See Jefferson, Thomas.]
Vol. ix.--
Scheme for general system of agricultural societies.
_Albemarle County._--
Vol. vi.--
Its climate, soil and natural advantages, 431.
_Albinos._--
Vol. viii.--
Description of, 318.
_Alexander, Emperor._--
Vol. v.--
Bust of, presented to Jefferson, 6.
His character, 7, 526.
Vol. vii., 20.
His intervention in favor of neutral rights, 8.
Vol. vii.--
His views, 20.
[See Russia.]
_Aliens._--
Vol. i.--
Who are and who are not aliens, 530.
Vol. ix.--
The rights and privileges of, 262.
_Alien and sedition laws (The)._--
Vol. iv.--
Proposal of, 237, 242, 244.
Objections to, 258.
Copy of Kentucky resolutions sent to Mr. Madison, 258.
Resolutions on, by Kentucky, 305.
[See Kentucky.]
Vol. ix.--
Resolutions relative to, 464.
_Algiers._--
[See Barbary States.]--
War with, the best policy.
Vol. iii., 164.
_Almanacs._--
Vol. vi.--
Improvements in suggested, 29.
_America, United States of._--
Vol. i.--
Imperfections of articles of confederation, 78.
A new constitution for, necessary, 78.
Views of, prevalent in Europe, 407, 413.
Views of public affairs in U. States in the year 1785, 423.
English calumnies against, 427.
Hostile feeling of England against, 429, 464, 541, 550, 563,
604.
Low reputation of, in Europe, 513.
Extravagance of people of, 550.
Summary of news from, 349.
[See U. States.]
Vol. iii.--
Origin of the Aborigines of, 109.
Vol. viii., 344.
Vol. viii.--
Whether men and animals degenerate in, 312.
_Anas (The)._--
Vol. ix.--
Explanation of, 87.
_Anatomy._--
Vol. vii.--
Experiments in, 388.
_Anglo-Saxon._--
Vol. vii.--
The language, 416.
_Antiquities._--
Vol. ii.--
Monuments of in South of France, 132, 133, 134.
In Western America, 176.
_Antoinette, Maria._--
Vol. i.--
Her character, 88, 101.
Vol. ii., 154, 310.
_Apocalypse (The)._--
Vol. vii.--
Views of, 394.
_Apportionment._--
Vol. iii.--
Bill apportioning representation, 384.
_Aristocracy._--
Vol. vi.--
Views on, 160, 222, 254, 360.
[See Virginia.]
[See Adams, J.]
_Arms._--
Vol. i.--
Supply of, for Congress, 603.
Vol. v.--
When loaned by government, 168, 238, 240.
Vol. ix.--
Application for, by governor of Pennsylvania, 159.
_Army._--
Vol. iv.--
Reduction of, 430.
Vol. viii.--
Objections to standing army, 11.
Vol. ix.--
Pickering's views on, 194.
_Army, Revolutionary._--
Vol. i.--
Virginia troops in, 235.
Continental troops in, 235.
Disasters of, in the South, 241, 249.
Success in Canada, 202.
Supplies of men, provisions and ammunition from Virginia for
Southern army, 243, 244, 245, 246, 247, 249, 251, 252,
253, 260, 262, 263, 273, 274, 285, 288, 302, 304.
[See Virginia.]
The movements of the Southern Army, 291, 294, 296, 298, 299,
300, 302, 303, 309.
Expedition against Canada, 206.
Military movements in Virginia, 207.
Progress of the war, 211.
Vol. ix.--
False accounts of our battles circulated in Europe, 207.
Mutiny in, 258.
_Arnold, Benedict._--
Vol. vii.--
His invasion of Virginia, 144.
Vol. ix., 212, 320.
_Articles of Confederation._--
[See Confederation.]
_Asquith Lister._--
Vol. i.--
Relative to his imprisonment in France on charge of being
engaged in contraband trade, 583.
_Assumption._--
[See Debts, State.]
_Astronomy._--
Vol. i.--
Discoveries in, 447, 516.
Vol. v.--
Its application to navigation, 374.
Vol. vi.--
Astronomical observations, 27, 28.
Vol. vii.--
New method of finding longitude, 223, 226.
_Aubaine, Droit d'._--
Vol. iii.--
Law of, in France, relative to citizens in new States, 189.
Its abolition in France, 259.
_Austria._--
Vol. i.--
Relations between the Emperor of, and the Dutch, 346, 353,
355, 358, 365, 400, 405.
Relations between Austria, Russia and Turkey, 400.
Treaty of commerce with, 510, 523, 566, 571.
Vol. ii.--
Our commercial relations with, 28.
Relations of, with the Netherlands, 289.
" " with Prussia and France, 315, 344, 371.
" " with Turkey, 392, 396, 510, 531, 552.
(B.)
_Bacon's Rebellion._--
Vol. iv.--
View of, 528.
_Baily, M._--
Vol. iii.--
Made Mayor of Paris, 78.
_Balls, Birth-night._--
Vol. iv.--
Dissensions about, 218.
_Balloons._--
Vol. i.--
Experiments with, in France, 54, 441.
_Banks._--
Vol. ii.--
Jefferson's view of the English banking system, 405.
Vol. v.--
Excess of, 516.
Vol. vi.--
Evils of the system of, 295, 300, 381, 434, 498, 515.
Vol. vii., 64, 111, 115.
Jefferson's hostility to, 305, 381, 605.
Suspension of, in 1814, 381.
Vol. vii., 142.
Number of, at different periods, 434.
Vol. vii.--
Suspension of, 142.
Distress resulting therefrom, 151.
Jefferson's plan for reducing circulating medium, 146.
_Bank of Philadelphia._--
Vol. ii.--
Charter of, 24.
_Bank, U. States (The)._--
Vol. iii.--
Shares in, taken immediately, 268.
Vol. v.--
Question of its constitutionality, 412.
Vol. ix., 191.
Vol. vi.--
Views of the plan for, proposed in 1813, 228.
Vol. ix.--
The origin of, 95.
_Bankrupt Bills._--
Vol. iii.--
Views on, 495.
Vol. ix., 431.
_Barbary States._--
Vol. i.--
Naval alliance against, proposed, 65, 591, 606.
It fails, 67.
Disposition of, towards U. States, 401, 413, 428.
Relations of U. States with, 376, 393, 557, 560, 565, 570,
572, 575, 584, 591, 601.
Vol. viii., 8, 30, 31, 33, 35, 51, 65, 96, 97.
A minister should be sent to, 406.
Mr. Barclay sent as minister to Morocco, 416, 474.
Vol. iii., 261.
Letter to Emperor of, 418.
Vol. iii., 264.
Instructions to Mr. Barclay, 420.
Inquiries to be made by him, 421.
Mr. Lambe sent on mission to Algiers, 376, 438, 457, 474, 581.
Embarrassments occasioned by his delay, 376, 385.
Remanded to America to give information relative to his
mission, 581.
His equivocal conduct, 605.
Passports for ministers to, 471.
American prisoners in, 439, 477, 601.
Negotiations with the Tripoline minister, 551.
Naval war against, advisable, 591.
Vol. ii.--
Hostile relations of, with U. States, 10, 26, 27, 85.
Treaty with Morocco, 72, 94, 125.
Its ratification, 264.
Treaty with Algiers fails, 85.
Intervention of the Mathurin Monks in favor of our Algerine
prisoners, 93, 113, 270, 307, 386.
Redemption of our Algerine prisoners, 307, 380, 464, 564.
Vol. iii.--
Provision for our Algerine prisoners, 209, 436, 533.
Vol. iv.--
War with Tripoli, 574.
Vol. viii., 7, 17.
Vol. vii.--
Piracies of, 520.
Efforts to redeem Algerine prisoners, 532.
Vol. viii.--
Peace with, restored, 50.
Case of Hamet Caramalli, ex-bashaw of Tripoli, 54.
Difficulties with Tunis, 61.
Vol. ix.--
Plan for an European alliance against, 307.
How best to secure peace with, 424.
Question of ransom of captives, 424.
_Barclay, Thomas._--
Vol. ii.--
His arrest at Bordeaux, 155, 158, 159, 226.
His return to U. States, 183.
His pecuniary embarrassments, 183, 210.
His character, 210, 211.
Vol. iii.--
His second mission to Morocco, 261.
_Barlow, Joel._--
Vol. v.--
His Columbiad, 238.
His History of the U. States, 496.
His departure for Paris, 587.
_Bastrop's Case._--
Vol. v.--
An account of, 231.
_Beds of Justice._--
Vol. ii.--
Held to force parliament to register decrees, 258.
_Berlin and Milan Decrees._--
Vol. viii.--
Character of, 100.
[See Neutrality.]
_Berceau (The)._--
Vol. iv.--
Case of, 405.
_Billon._--
Vol. iii.--
Report of National Assembly of France on, 207.
_Bills of Rights._--
Vol. ii.--
Jefferson's views of, 329, 358.
Vol. iii.--
Federal Constitution should be amended by inserting a bill
of rights, 3, 13.
Arguments for and against bills of rights, 4, 13, 201.
Amendments to, proposed by Jefferson, 100, 101.
_Bloodworth, Mr._--
Vol. v.--
His bankruptcy, 49.
_Bolingbroke, Lord._--
Vol. vii.--
His writings, 197.
_Bollandists (The)._--
Vol. vi.--
Their collection, 475, 489.
_Bonaparte._--
Vol. iv.--
His expedition to Egypt, 278, 280.
Establishment of Consular government by, 315, 320.
His administrative talents, 320.
His character and purposes, 322.
Jerome Bonaparte's marriage with Miss Patterson, 510.
Vol. v.--
His great victories, 173.
His plans of conquest, 512.
His character, 601.
Vol. vii., 275.
Vol. vi.--
Views of his character and career, 283, 352, 358.
His fall, 352, 421.
His restoration, 480, 490, 458, 463.
His final abdication, 467, 490, 492, 553.
His feelings towards U. States, 464.
_Books._--
Vol. vii.--
Should be imported free of duty, 220.
_Boston Port Bill._--
Vol. i.--
Effects of its passage on colonies, 6.
Proceedings thereon in Virginia, 6.
A day of fasting, humiliation and prayer appointed, 7.
_Botta, M._--
Vol. v.--
His History of American Revolution, 527.
_Boundary._--
Vol. i.--
Between Pennsylvania and Virginia, 399.
Vol. iii.--
Difficulties on our Eastern boundary, 230.
Vol. iv.--
Difficulties between Virginia and Maryland, reference to, 162.
_Brabant._--
Vol. ii.--
Revolutionary movements in, 212.
_Brazil._--
Vol. ii.--
Revolutionary movements in, 140.
Jefferson's views relative thereto, 143.
Character of population of, 140.
Vol. v.--
Emperor of, 285.
_Brienne, Cardinal._--
Vol. ii.--
His influence over the queen, 310.
_His character_, 311, 316.
His want of popularity, 316.
His dismissal, 471.
_Brittany._--
Vol. ii.--
Difficulties between Noblesse and people, 577.
_Bunker Hill._--
Vol. ix.--
Account of the battle of, 293.
_Burgesses, Virginia house of._--
Vol. i.--
Proceedings in, on stamp act, 4.
Distinguished members of, 4.
Tone and political views of members, 5.
Proceedings on Boston Port Bill, 6.
Dissolution of, by Governor, 7.
Recommends sending men to Continental Congress, 7.
Also election of delegates to meet at Williamsburg, 7.
The action of, 8, 9.
_Burr, Aaron._--
Vol. v.--
His conspiracy, 24, 26, 28, 38, 40.
Vol. viii., 71, 78, 87.
His accomplices, 34, 45, 60, 99, 305.
Efforts in Ohio to suppress his conspiracy, 37.
His arrest and trial, 55, 65, 57, 66, 81, 84, 86, 95, 96, 98,
174.
His views and objects, 64, 128, 129, 130.
Federalists come to his rescue, 64, 65, 66, 67.
Proofs and witnesses against, 72, 78, 81, 95, 96, 112, 190.
His forgeries, 86.
His acquittal, 187, 199.
Vol. ix.--
Intrigues of, 202, 204.
Wishes his friends to unite on a federalist for president, 204.
Explanations between him and Jefferson, 204, 205, 208.
Jefferson's disgust of, 207, 208.
Relations of, with Jefferson, 204, 205, 208, 209.
(C.)
_Cabinet, Executive._--
Vol. v.--
Mode of transacting business in, 94.
Of Washington and Jefferson, 568, 569.
_Callender._--
Vol. iv.--
Mr. Jefferson's relations with, 445, 447, 448.
_Calonnes, M. de._--
Vol. ii.--
His administration of French finances, 298.
_Camden._--
Vol. i.--
The battle of, 263.
_Campbell, Col._--
Vol. vii.--
The hero of King's Mountain, 268.
_Canada._--
Vol. vi.--
Attack on, 130.
_Canals._--
Vol. ii.--
The Erie and Ohio canal projected, 250.
Practicability of a canal through Isthmus of Panama, 325, 397.
Advantages of a canal between Cuyahoga and Big Beaver, 370.
Vol. iii., 30.
Potomac canal projected, 283.
The Santee and Cooper canal, 283.
Vol. iii.--
The Potomac and Ohio canal, 29.
_Caper, The._--
Vol. ii.--
The culture of, in the U. States, 198.
_Capitol of Virginia._--
Vol. i.--
Model for, from France, 46.
_Capitol, Federal._--
Vol. iii.--
Plans for, 507, 508.
[See Washington City.]
Dr. Thornton's plan approved, 508.
Vol. iv.--
The building of, 435.
Vol. vi.--
Burnt by the English, 383.
Vol. vii.--
Whether there shall be any inscription on the front of the
new capitol, 41.
_Carmichael, Mr._--
Vol. i.--
The estimation in which, held at Court of Spain, 526.
Vol. ii.--
Character of, 107.
_Carolina, N._--
Vol. iii.--
What included in her cession of public lands, 229.
_Carolina, S._--
Vol. ii.--
Introduction of culture of grape, almond, caper, olive, fig,
&c., in, 197, 198, 199.
Vol. iv.--
Notice of effort to excite insurrection among negroes in, 98.
_Carr, Peter._--
Vol. i.--
Advice in respect to his education, 395.
Vol. ii.--
Advice in respect to his education, 237, 409.
_Carr, Mr._--
Vol. vi.--
Character of, 529.
_Carrying Trade._--
Vol. ii.--
Foreign vessels excluded from, between France and her
Colonies, 338, 346.
Vol. viii.--
Condition of, 16.
_Cedars (The)._--
Vol. ix.--
Account of the affair at, 296.
_Census._--
Vol. iii.--
Of U. States, 205.
Vol. viii., of 1800, 8.
_Chancery Courts._--
Vol. i.--
Expediency of introducing trial by jury in, 37, 49, 50.
_Charities._--
Vol. iv.--
Principles on which they should be bestowed, 589.
Vol. vi., 44.
_Chargé des Affaires._--
Vol. iii.--
Proper form for their credentials, 142.
_Charters._--
Vol. iii.--
Whether revocable by the Legislature, 103, 108.
_Chemistry._--
Vol. vi.--
The science of, 73.
Vol. vii.--
Progress of, 259.
_Cherbourg, Port of._--
Vol. i.--
Its fortification, 587.
_Cherokees, (The)._--
Vol. iii.--
Rights of, under the treaty of Hopewell, 192.
_Chesapeake (The)._--
Vol. v.--
Capture of, 113, 114.
Vol. viii., 83, 102, 106, 120.
Executive action, relative to, 116, 118, 120, 122, 123, 126,
139.
Preparations for war, on account of, 120, 122, 123, 126, 127,
132, 146.
_Chesapeake Bay._--
Vol. v.--
Defence of mouth of, 180.
Vol. vi., 111, 123, 134, 561.
_China._--
Vol. v.--
Chinese Mandarin released from embargo, 325.
_Christianity._--[See Religion.] [See Law, Common.]
_Church, Episcopal._--
Vol. i.--
Its first establishment in Virginia, 38.
Character of its clergy, 38.
Dissenters from, constitute the majority, 38.
Its overthrow as an establishment in Va., 39, 174.
Its maintenance advocated by many, particularly by Pendleton
and R. C. Nicholas, 39.
_Cincinnati._--
Vol. i.--
History of, 334.
Vol. vii., 368.
Vol. ix., 89, 265.
Objections to, 334.
Vol. ii.--
Dangers of, 61.
Vol. ix.--
First suggested by Gen. Knox, 376.
Washington in favor of abolishing, 478.
_Citizenship._--
Vol. i.--
Act defining, 40.
_Claiborne, Gov._--
Vol. v.--
Wounded in a duel, 137.
_Clarke, Col._--
Vol. i.--
His success at St. Vincennes, 221.
His expeditions against the Indians, 339, 359, 381, 382, 395.
_Clarke, Gen._--
Vol. iii.--
His character and talents, 217.
_Classics._--
Vol. vii.--
Benefits of the study of, 131.
Vol. viii.--
Study of, should not be neglected, 389.
_Clay, Henry._--
Vol. v.--
His opposition to Jefferson, 183.
_Clergy._--
Vol. ix.--
Benefit of, abolished, 263.
_Climate._--
Vol. v.--
Changes of, in U. States, 487.
Vol. iv.--
Of Europe and America compared, 570.
[See Weather.]
Vol. vii.--
Of Western country, 375.
[See Weather.]
Vol. viii.--Of Virginia, 320.
_Coinage._--
Vol. ii.--
Of the U. States, 101.
Improvements in, 75, 89, 111.
Vol. iii.--
Employment of Mr. Drost at the Mint, 139, 140, 446.
Relative to copper coinage, 279.
Hamilton's report on the Mint, 330.
[See Mint.]
Vol. vii.--
Report on copper coinage, by Jefferson, 462.
Jefferson's report on coins, weights and measures, 472.
_Colleges._--
Vol. v.--
How buildings for, should be arranged, 521.
_Colonies, American._--
Vol. i.--
Resistance of, to the mother country, 5.
Tone and views of different parties in, 5.
Resistance to governor, 5.
Summary view of relations between colonies and mother country,
8.
Summary view of rights of, 124.
Grievances of, 201.
Vol. ix.--
How originally populated, 254.
But few manufactures in, 254.
Indented servants in, 254.
Founded by individual enterprise, 255.
No criminals carried to England from, for trial, 299.
Equality of rights in, 270.
Population of, in 1775, 272, 273.
Laws of England adopted in, 282.
The power of English parliament over, 294.
The tyranny of the king towards towards, 299.
_Colonization._--
Vol. v.--
Of Negroes, 564.
Vol. vii.--
Views on, 332.
_Columbus._--
Vol. vii.--
Portraits of, 343, 373.
_Commerce._--
Vol. i.--
Commercial treaties under Confederation, 60.
Powers of Congress over, 349.
Proposition to exempt merchant vessels from seizure in time
of war, 62.
Commercial treaties with European powers, 62, 371, 455, 459,
465, 478, 487.
Vol. ii., 5, 17.
Vol. vii., 436.
Benefits of commerce, 404.
Expediency of investing Congress with control over, 425, 475,
487, 531.
Commercial relations with France, 378, 386, 491, 499.
Commercial relations with Austria, 511, 512, 523.
Vol. ii., 28.
Commerce of the U. States, 597.
Programme of commercial treaties with European powers, 350,
360, 371.
Vol. ii.--
Transfer of power over to Congress, 19, 21.
Commerce with the West Indies, 112, 536.
Commerce with Sardinia, 146.
Commerce with France, 163, 169, 528, 529.
[See France.]
Commercial policy of the U. States, 321, 529, 537.
Vol. iii.--
Commercial relations with England and France, 99, 100, 320.
Whether in our commercial relations we should discriminate
in favor of France, 99, 100.
Our commerce with French West Indies, 113, 114, 191, 319.
Summary of our commerce with France and England, 313, 316,
317, 318.
Our commercial relations with France, 509, 516.
" " with the Netherlands, 510.
" " with Great Britain, 511, 514.
" " with Spain, 512.
" " with Portugal, 533.
Foreign-built vessels purchased by our citizens stand on the
same footing as to neutral rights with home-built vessels,
550.
Vol. iv.--
Condition of commerce in U. States in 1798, 213.
Commercial relations with Great Britain, 214.
French regulations in relation to, 220, 221.
Vol. v.--
Impulse given to, by embargo, 441.
Coasting and carrying trade, 505.
Vol. vii.--
Our Mediterranean trade, 519.
Privileges of, and restrictions on, our foreign commerce, 636.
Vol. ix.--
Commercial negotiations with France, 230, 234, 535.
Commercial regulations of U. States, 239.
Commerce with French West Indies, 243.
Project of treaty with France and England, 415.
_Committees of Correspondence._--
Vol. i.--
Origin of, 6, 115, 124.
Vol. vi., 527.
Vol. vii., 120.
_Compensation Law._--
Vol. vii.--
Unpopularity of, 78.
_Confederation, Articles of._--
Vol. i.--
Report of Committee appointed to prepare, 26.
Debates thereon in Continental Congress, 27, 28, 29, 30, 31.
Adoption of, 36.
Vol. iv., 256.
Executive power lodged in an executive committee, 54.
The Committee splits into factions, 54.
Character of Congress under, 58.
Imperfections of, 78.
Vol. iv., 286.
New Constitution required, 78.
Financial embarrassments under, 83.
Powers of, over commerce, 349, 425, 475, 487.
Vol. ix., 257.
Vol. ii.--
Powers of the government under, 23.
Reform of, 66.
Vol. ix.--
Differences arising under, and mode of adjusting them, 291.
Plan of confederation proposed by Franklin, 303.
_Confiscation._--
Vol. iii.--
Of refugees' property breaking out of Revolutionary war, 372,
377, 378, 380, 381, 382, 383, 384.
Question of restitution after the war, 372, 385, 386.
Restitution recommended by Congress, 376.
Confiscation of debts due to England, 387.
Debts not confiscated during the war survive it, 406, 407.
But if confiscated, the debtor is released, 407, 408.
_Congress._--
Vol. i.--
Proceedings of Continental Congress, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19.
Address by, to people of Great Britain, 11.
Character of the Congress at Annapolis, 58.
Instructions of Virginia to her delegates to Continental
Congress, 122, 142.
Vol. iii.--
Current business before, 208.
Corrupting influences brought to bear on, 301, 360, 362.
Vol. vi.--
Whether the States have power to prescribe new qualifications
for members of, 309.
Vol. vii.--
Whether Congress has the right to adjourn to a new place of
meeting, without consent of the President, 495.
Vol. ix.--
Relative to its powers to call on President for papers, &c.,
12, 113.
Question of an extra session in 1793, 165.
_Consolidation._--
Vol. vii.--
Dangers of, 223, 293, 430.
Rapid strides towards, 426, 430.
_Constitution Federal._--
Vol. i.--
Jefferson's views on, 79.
Vol. ii., 217, 249, 250, 256, 267, 316, 318, 328, 334, 365,
388, 404, 435, 465, 586.
Vol. iii., 12.
Vol. ii.--
His objections to, 316, 318, 329, 355, 358, 375, 399.
Description of, 324.
Opposition to, by different States, 324.
Who for, and who against it, 324, 358.
Best to adopt first and amend afterwards, 332, 355, 399, 404.
Vote of different States in adoption of, 384, 423.
Conduct of Massachusetts in relation to, 398, 399, 404, 550.
Nine States accede to, 455, 533.
Effect thereof, 533.
Virginia and New York accede, but propose amendments, 480, 533,
550.
North Carolina follows lead of Virginia and New York, 492, 550.
Debates on, in Virginia Convention, 481.
Organization of government under new Constitution, 550, 573,
576.
Character of first elections under, 576.
Vol. iii.--
Jefferson's opinion of, 12.
Adoption of, 13.
Unpopularity of, in New York and Virginia, 24.
Organization of government under, 88.
Amendments to, 89.
Vote of States on, 207.
General acquiescence in, 132.
Successful operation of new government under, 199, 200.
Vol. iv.--
Declaration of its principles desirable, 328.
Manner of construing by Federalists, 329.
True principles of, 330.
Principles of the Eastern States relative to, 331.
Vol. vii.--
Rules for interpreting, 296, 336, 342, 358.
Distribution of power between State and Federal Governments,
297, 358.
Who would be final arbiter between State and Federal
Governments, 298, 358.
Should be easily amendable, 223, 336.
Similarity of Constitutions of different States, 323.
Vol. ix.--
Original form of, 118, 119.
Powers of Federal Government strictly limited, 464, 496.
Limit to Federal powers, 364, 496.
The Constitutional majority varies in different cases, 245.
How far questions under, may be reconsidered, 246.
_Constitutions._--
Vol. iii.--
No such thing as perpetual Constitutions, 106, 108.
Should be easily amendable, 323, 336.
Similarity of Constitutions of different States, 323.
_Contracts._--
Vol. v.--
Should not be given to members of the Legislature, 50.
Vol. vi.--
Laws impairing obligations of, 461.
_Consuls._--
Vol. i.--
Consular convention with France, 85.
Not entitled to ministerial privileges, 426.
Vol. ii.--
Creatures of convention, 17.
May be dispensed with, 420, 421.
Changes in consular convention with France, 416, 478, 493.
Whether foreigners should be made consuls, 495.
Copy of consular convention, 498.
Vol. iii.--
Native consuls always preferred where they can be had, 155,
195.
Consular fees, 160.
Consular authentication of instruments, 160.
J. Johnson sent consul to London, 176.
Consular instructions, 187.
How far exempt from duties, taxes, &c., 193.
The footing on which the Law of Nations places consuls, 295.
Consular circular, 429.
What security required of consuls, 429.
Whether we have a right to send consuls to French colonies,
252.
Consular arrangements with Prussia, 457.
Vol. iv.--
One nation not bound to receive consuls from another, 90.
How commissions for consuls to the U. States addressed, 91.
Limits of the consular jurisdiction, 39.
No consuls admitted in the British West Indies, 69.
Revocation of Exequatur of French consul, 72.
Vol. ix.--
Bill relating to consuls, 416.
Notes on a consular convention with France, 462.
Jurisdiction of, over prizes, 83, 84.
Continental money.--
[See Money.]
_Convention, Federal._--
Vol. i.--
The Assembly of, to amend Constitution, 79.
Vol. ii.--
Objects of, 149, 211, 257, 264.
Distribution of powers of Federal government, 152.
Scheme of new Constitution, 217, 249, 250, 256.
Place of assembling, 480.
Vol. iv.--
What done with journal of, 136.
_Cornwallis, Lord._--
Vol. i.--
Military movements of, in the South, 291, 294.
Vol. ii.--
Depredations of, on Mr. Jefferson's property, 426.
_Cotton._--
Vol. ii.--
Product of the Southern States, 10.
_Corporations._--
Vol. ix.--
Congress has no power to charter, 191.
_Courts, County._--
Vol. vii.--
Magistrates of, should be elected by the people, 12, 18.
_Credit._--
Vol. ii.--
Credit of U. States in Holland, 376.
" " in Austria, 376.
" " in England, 376.
Mode of building up credit, 377.
_Criminal Code._--
Vol. i.--
Revision of Criminal Code of Virginia, 43.
Whether punishment of death should be abolished, 45.
Bill proportioning crimes and punishment, 146.
Vol. iv.--
Apportionment of punishments to crimes, 164.
_Cuba._--
Vol. v.--
Question of the acquisition of, 444.
Vol. vii.--
Should not be allowed to pass to England, 288, 299.
People of, how affected, 299.
Should belong to U. States, 316.
_Currency._--
Vol. i.--
Notes on the money unit, 53, 162.
Coinage for U. States, 475.
Vol. iii.--
Great scarcity of metals after Revolution, 398.
[See Coinage.]
When gold and silver are both standards of value, 18.
Vol. vi.--
Relative merit of paper and metallic currency, 231.
Vol. ix.--
An account of the paper money of the U. States, 248.
[See Money.]
(D.)
_David, King_,
Vol. vii.--
His description of a good man, 337.
_Davies, Col. Wm._--
Vol. i.--
Recommendation of, for Commissioner of War Office, 301.
_Dean, Silas._--
Vol. ii.--
Seizure of his letter books, for debt, 454.
Vol. iii.--
His wretched condition, 101.
_Dearborn, Gen._--
Vol. iv.--
Made Secretary of War, 356.
Vol. v.--
Urged by Jefferson to continue in office, 295.
_Debt._--
Vol. iii.--
Imprisonment for, wrong, 396, 397.
Vol. v.--
Evils of national debt, 477.
_Debt, British._--
Vol. iii.--
Remedy for, suspended by war, 387, 391, 392, 393, 394, 395.
Justification of the suspension of, 395.
Obstacles in way of recovery of, in the States, 407, 408,
409, 410, 411, 412, 413, 414.
No interest on, allowed during the war, 415, 416, 417, 418,
419, 420.
Justification thereof, 416, 417, 418.
Vol. ix.--
Amount of, 250.
How far confiscated during revolutionary war, 292.
_Debt, Domestic._--
Vol. i.--
Condition of, 369, 472, 578.
Vol. ii.--
Purchase thereof, by U. States, 578, 582.
_Debt, Foreign._--
Vol. i.--
Condition of, 83, 369, 471, 510, 512, 519, 546, 566, 576.
Interest on, 357.
Vol. ii.--
Relative to the funding of, 507.
Transfer of French debt to Holland, 28, 53, 79, 111, 120,
154, 161, 181, 209, 231, 327, 385.
Interest on, not paid, 101, 103, 181, 378.
Instalment laws, 216.
Debt to foreign officers and their complaints, 301, 326,
333, 386, 422, 479.
Policy of paying interest on, punctually, 239, 351, 352,
377.
Negotiations in relation to, 351, 352.
Vol. iii.--
Distinction between foreign and domestic debt, 156.
Payment of foreign debt pressed, 33.
Arrangements to pay foreign officers, 37.
Amount due, 91, 92.
Mode of paying French debt, 546, 575.
Vol. vii.--
How it should be managed, 506.
_Debt, Public._--
Vol. ii.--
Amount of, 358.
Public lands looked to as means of paying, 358.
Redeemed at price paid by holder of the script, 360.
Negotiations in Holland for a loan, 363, 373.
Certainty that the whole debt will be ultimately paid, 422.
Vol. iii.--
The funding of, 152, 153, 165, 169.
Funded debt above par, 283.
Debt to France will not be paid in depreciated assignats,
294.
Condition of public debt, 261.
Vol. vi.--
Evils of, 239.
Vol. viii.--
Reduction of, 19, 26, 39, 52, 67, 109.
_Debt, Revolutionary._--
Vol. i.--
Interest on, not paid during war, 546, 561.
On what principle paper debt redeemed, 595.
[See Revolutionary Debts.]
Vol. ix.--
The funding of, 92.
Will all be paid, 262.
_Debts, States._--
Vol. iii.--
Question of their assumption by General Government, 145,
148, 159, 166, 169, 185.
Vol. ix., 92, 118.
Arguments for and against assumption, 166.
Opposition to, in Virginia and North Carolina, 198.
Vol. ix.--
Debts of different States in 1784, 283.
_Decius._--
Vol. v.--
His false statements, 20.
_Declaration of Independence._--
Vol. i.--
First moved in Continental Congress by Virginia delegates,
12.
[See Independence, Declaration of.]
_Delaware River._--
Vol. v.--
Defence of, against the English, 244.
_Deluge._--
Vol. ix.--
Reasons against a general deluge, 275.
_Democracy._--
Vol. ii.--
Jefferson's views on, 100, 105, 166, 249.
Self government by the people, 166, 249.
Vol. iii., 81.
_Denmark._--
Vol. i.--
Claim against, for prize money, 461, 489.
Money paid, 522.
Commercial relations with, 571.
_Departments._--
Vol. iv.--
Circular to heads of, 315.
Vol. ix.--
Question of the reference of measures to heads of, by
Congress, 105.
_Deserters._--
Vol. v.--
Should not be enlisted, 173.
_Dickinson, John._--
Vol. v.--
Death of, 249.
_Dictator._--
Vol. viii.--
Effort to appoint one in Virginia, 368.
_Distillation._--
Vol. iii.--
Of pure water from salt, 228.
Vol. vii., 455.
_Drawbacks._--
Vol. v.--
View of, 426.
Vol. vii.--
Should be repealed, 6.
_Duane, William._--
Vol. v.--
Opposition of, to Madison's administration, 590.
Pecuniary embarrassments of, 574, 590.
_Dumas, M._--
Vol. i.--
Personal standing of, in France and Holland, 527, 568.
Debt due to, 528.
Mission of, to the Hague, 593.
Vol. ii.--
Protection for his official character, asked of the
Netherlands, 287.
Claims of, against U. States, 366.
Vol. iii.--
Statement of his case and claim, 331.
_Dumourier, Gen._--
Vol. iv.--
Desertion and character of, 5.
(E.)
_Earth, The._--
Vol. ii.--
Theory of, 68.
_Eastern States._--
[See Riots.]
_Eclipse._--
Vol. i.--
Of 1778, 310.
_Eclipse, Solar._--
Vol. vi.--
Account of, 16, 28.
_Economy, Political._--
Vol. vi.--
New work on, 261.
_Edinburgh Review._--
Vol. vi.--
Merits of, 345.
_Editors._--
Vol. v.--
Duties of, 591.
_Education._--
Vol. i.--
General system of, 47.
Advice from Jefferson relative to, 395.
Relative advantages of foreign and domestic education, 467.
Vol. ii.--
Jefferson's views on, 175, 192, 227, 245, 429.
Vol. v., 225.
Vol. vi., 353, 362, 510, 517.
Vol. iii.--
European schools, 313.
Vol. iv.--
Proposition to remove college of Geneva to U. States, 108,
113.
Importance of, 119.
System of schools and colleges proposed by Jefferson, 317.
Plan of popular education, 525.
Vol. vi.--
System of common schools, 542.
General system of, 564.
Vol. vii., 93, 187, 322, 398.
Vol. vii.--
Female education, 101.
Northern teachers and professors, 187.
Common School system of Virginia a failure, 256.
Vol. ix.--
Plan for system of elementary schools, 489.
_Elections._--
Vol. iv.--
Members of Congress should be elected by districts, and not
by general ticket, 308.
_Eloquence._--
Vol. vi.--
Specimens of, 346.
Vol. vii., 231.
_Embargo._--
Vol. v.--
Account of, 227, 252, 299.
War preferable to continuance of, 258.
Our citizens allowed to withdraw property from foreign
countries, 259.
Draft of law by Gallatin, 267.
Measures to enforce, 271, 272, 297, 336, 341, 343, 352, 359.
Its operation, 275.
Cases arising under, 277, 292, 307, 317, 324, 327, 344, 346,
355, 363, 368, 369, 370, 375, 382, 386, 396, 399, 405, 418.
When to be suspended, 279.
Evasions of, 286, 287, 290, 297, 317, 334, 335, 336, 340, 413.
Construction of, 287, 290, 292, 307, 317, 324, 327, 344, 346,
355, 398.
Resistance to, in Massachusetts, 341, 343, 347, 384, 424.
Unpopularity of, in the East, 293, 384.
Popularity of, elsewhere, 290, 384.
Bonaparte's position relative to, 370.
War the only alternative, 384, 387.
Views relative to, in Congress, 404.
A temporary measure, 410.
Action of Congress relative to, 419, 421, 424.
Repeal of, 433, 529.
Vol. vi.--
Account of, 48, 50.
Vol. vii.--
Circumstances under which resorted to, 373.
Circumstances which led to repeal of, 425, 431.
Treasonable conduct of Massachusetts relative to, 425, 431.
Vol. viii.--
Preferable to war, 127, 134, 135, 140, 141, 143, 144, 163,
164, 165, 169, 170.
_Emigrants._--
Vol. ii.--
German emigrants the best, 235.
_England._--
Vol. i.--
Commercial treaty with, impracticable, 64, 541, 543, 550,
552, 553.
Hostile feelings of, towards U. States, 429, 464, 541, 550,
563, 604.
Vol. iii., 32.
England and France compared, 557, 560, 576.
Vol. ii., 161.
Debt of United States to, 563.
Incites Indians against our people, 604.
Vol. ii.--
Calumnies in, against U. States, 36, 204, 318.
Scheme for conquest of U. States, 305.
Bad health of king of, 490, 532, 577.
Vol. iii., 6, 7, 25, 34, 49, 87.
Relations between England and France, 303, 308, 356.
Relations between England, Spain and Russia, 565.
Vol. iii.--
Our diplomatic relations with, 182, 203.
Political relations with, 182.
Infractions by U. States of treaty with, 183.
Admission of our wheat by, 249.
Negotiations with, through Mr. Hammond, 365, 439.
Review of matters in controversy with, 365, 423, 425, 426,
427.
Her seizure of our slaves at end of war, 387, 391.
Vol. iv., 96.
Refuses to withdraw troops from our posts, 388.
On whom the blame for not executing the treaty should fall,
400.
Vol. iv.--
Her refusal to surrender our military posts, 95.
Danger of war with, 102, 105.
Our dependence on, 172.
Vol. v.--
Treaty with, objectionable, 52.
Its ratification suspended, 54.
Hostilities commenced by, 113, 117, 118, 123, 131, 134, 139.
Her fleet retires from Hampton Roads, 135.
Probability of war with, 134, 135, 139, 189, 197, 211, 215,
266.
Relative to certain captors, 142.
The conduct of the English in our waters, 143, 145, 195, 196.
Relations with, during this quasi state of war, 151, 155,
167, 170, 174, 191, 202.
Notice to our merchant vessels of danger of war, 184, 185,
186, 194.
Her violations of maritime law, 200, 468, 501, 511, 551.
Her orders in council, 442.
Repeal of, 443.
Relations of peace restored, 455.
Domination on the ocean, 530.
Condition of, 552, 557.
Vol. vi., 32, 52.
Relations with, 556.
Vol. vi., 467, 470.
War with, inevitable, 464.
Character of kings of, 514.
Vol. vi.--
Her maritime encroachments, 5.
Death of King of, 15.
Jefferson's sentiments towards, 53, 463.
Character of government of, 346, 463.
Social condition of, compared with that of U. States, 376.
Tendency to revolution in, 423.
Vol. vii.--
Feeling of, towards U. States, 42, 519.
Debt of, 43.
Condition and prospects of, 45, 48, 232.
Constitution of, 48.
Parties in, 50.
Discontents in, 196.
Origin of her constitution, 355.
Effects of Norman conquest, 413.
Indemnity for slaves carried off by, during revolutionary
war, 518.
Commercial relations of, with U. States, 518.
Vol. viii.--
Negotiations with, 70.
Vol. ix.--
Negotiations with Hammond, 175, 176, 425.
Our relations with, 183, 419.
_Enlistments._--
Vol. v.--
When binding on infants, 283, 372.
_Entails._--
Vol. i.--
Abolition of, in Virginia, 37, 138.
_Episcopal Church._--
[See Church, Episcopal.]
_Etiquette._--
Vol. ix.--
Of the government under Gen. Washington, 454.
_Europe._--
Vol. i.--
Political condition of, 346, 353, 355, 358, 365, 366, 400,
435, 442, 453, 509, 559, 605.
Relations between Emperor and Dutch, 346, 353, 355, 358,
365, 400, 405, 412.
Relations between Austria, Russia and Turkey, 400.
Mr. Jefferson's views of Europe, 444.
Vol. ii.--
Political condition of, 3, 7, 9, 11, 76, 77, 150, 157, 170,
191, 206, 212, 215, 222, 234, 248, 263, 267, 315, 334,
336, 371, 381, 392, 396, 405, 422, 429, 436, 448, 468,
491, 508, 532, 558, 580, 583, 588.
Hostilities threatened, 270, 272, 281, 283, 290.
Difficulties adjusted, 303, 308.
Social and political degradation of, 7.
Relations between Turkey and Russia, 262, 263, 272, 288.
War between, 436, 441, 453, 459, 460, 462, 468, 510, 533,
552, 568.
Relations between Prussia and Holland, 279, 281, 288, 289,
303, 308, 476, 483.
" " Austria and Netherlands, 289.
" " England and France, 356.
" " Spain, England and Russia, 365.
" " Austria and Turkey, 392, 396, 510, 531, 552.
" " Sweden and Russia, 453, 459, 460, 462, 476,
483, 570.
" " Naples and Papal See, 454.
Vol. iii.--
Political condition of, 5, 9, 25, 34, 49, 154, 163.
War between Russia and Turkey, 56.
" " Russia and Sweden, 92.
" " England and France, 537.
Relations between Spain and England, 537.
Vol. iv.--
Condition of, in 1798, 217, 218.
Vol. v.--
Not to be permitted to interfere in American affairs, 381.
Condition of, 511.
Insignificancy of kings of, 514.
Vol. vi.--
Condition of, 114, 497, 503.
Relations with U. States, 114.
Moral condition of, 18th and 19th centuries contrasted, 524.
Vol. vii.--
Condition of, 182, 193, 217, 244, 288.
Revolutions in, 307.
[See Treaties.]
[See Commerce.]
_Excise._--
Vol. iii.--
Distinction between excise and import, 17.
Vol. iv.--
Obnoxious character of, 112.
_Executives._--
Vol. iv.--
Mode of communicating between State and Federal Governments,
401.
Vol. v.--
Question between a single and plural executive, 449, 567,
581.
The executive should be removable, 569.
_Expatriation._--
Vol. v.--
Is a natural right, 72.
_Exports._--
Vol. vi.--
Why exempted from taxation, 483.
(F.)
_Farmers-General._--
Vol. ii.--
Have a monopoly of tobacco trade in France, 14, 70, 89, 183,
186, 193.
[See Tobacco.]
Jefferson's difficulty with, 182.
_Federalists, The._--
Vol. ii.--
Jefferson's opinion of, 506.
Vol. iii.--
Views and aims of the party, 450, 503.
Strength of the party, 503.
The condition of, 548.
Vol. iv.--
Character of the party, 112, 139, 197, 448.
Their ascendency, 140, 141.
The moderate portion of the party, 361.
Mr. Jefferson's policy towards, 451, 484, 542.
Vol. v.--
Their disorganization as a party, 101.
Their conduct in reference to embargo, 304.
Their bitterness of feeling, 608.
Vol. vi.--
Their opposition to the war of 1812, 63.
[See Parties, Political.]
_Fenno's Paper._--
Vol. iv.--
Account of, 133.
_Fever, Yellow._--
Vol. viii.--
Ravages of, 46.
[See Yellow Fever.]
_Finance._--
Vol. ii.--
Condition of our European finances, 147, 385.
Financial embarrassments of France, 222, 230, 510.
Vol. iv.--
Reforms in, 428, 430.
Vol. vi.--
Jefferson's views on, 136, 194.
Vol. viii.--
Prosperous condition of, 18, 26.
_Fiseaux, M._--
Vol. ii.--
His loan, 339, 351, 352, 368.
_Fisheries._--
Vol. iii.--
Report on whale and cod fisheries, 185, 214.
Vol. vii.--
Report on cod fisheries, 538.
History of cod fisheries, 538.
History of the whale fisheries, 544.
_Floridas, The._--
Vol. iv.--
Cession of, to France, 432.
Vol. v.--
Necessity of the acquisition of, 18.
_Flour._--
Vol. ii.--
New mode of preserving, 236.
_Fly, Hessian._--
Vol. iii.--
An account of, 32, 38.
_Foreign Policy._--
Vol. iv.--
View of, 414.
_Foreign Relations._--
Vol. viii.--
Views on, 40, 47, 62, 85, 102, 106.
_Fourqueux, M. de._--
Vol. ii.--
Succeeds Calonnes as minister to France, 138.
_France._--
Vol. i.--
Influence of American Revolution on, 69.
Financial embarrassments of, 69.
Assembly of Notables convened, 70.
They refuse to vote supplies, 70.
Constitutional reforms, 71.
Abuses of old government, 86.
Assembling of States General, 87.
Progress of the Revolution, 87.
Constitution of States General, 87.
Character of king and queen, 88, 101.
Severity of winter of 1788-9, 88.
Importation of bread-stuffs from America, 89.
Riots, 89, 97.
Opening of States General, 90.
Early debates and difficulties in organizing, 91.
Tiers Etat constitute themselves National Assembly, 92.
Conduct and policy of Court party, 92.
Royal session, 94.
Popular demonstrations, 94.
Disaffection of soldiery, 95.
Part of nobles and clergy join Tiers Etat, 95.
New Constitution for France, 96, 103.
Military interference by Government, 96.
M. Necker expelled from ministry, 96.
The new court ministry, 97.
Bastille taken, 98.
Resignation of court ministry, and recall of M. Necker, 100.
Flight of aristocracy begins, 100.
Views on the execution of king and queen, 101.
The Necker ministry, 102.
Great reforms of National Assembly, 103.
Divisions spring up in popular party, 103.
Friendly relations between France and U. S., 456.
Relations between France and England, 371.
England and France compared, 549.
Mr. Jefferson's views of French people, 187, 395, 549.
Commercial relations with U. S., 378, 386, 491, 499, 561,
567, 586, 589.
Vol. ii.--
Military preparations by, 3.
Importations of whale oil, 27, 47, 157, 312, 341, 393, 488,
515, 516, 537, 539, 565, 567.
Note on whale oil, by Mr. Jefferson, 516.
Commercial relations with, 45, 47, 50, 65, 88, 163, 169, 260,
274, 278, 298, 312, 341, 487.
Description of south of France, 71, 109.
Consular convention with, 90.
Changes therein, 416, 478, 493, 498.
Assembly of Notables, 91, 95, 99, 119, 127, 128, 129, 130,
131.
Organization of, 133.
Her friendship for U. States, 109.
Character of king and queen of, 154, 310.
Commerce with south of, 157.
Commercial negotiations, 172, 312, 342.
Political condition of, 209, 222, 230, 231, 234, 382.
Financial embarrassments of, 222, 230, 510.
Ministerial changes, 258, 309, 471.
Division of ministry on question of war, 294.
Call of States General inevitable, 372.
Violent measures of king, 390.
Reforms in Constitution granted, 390, 448, 457, 466.
Concessions by the king, 448, 450, 506.
French revolution begins with aristocratic orders, 457, 490,
559.
States General convened, 458, 461, 463, 467, 509.
Difficulties as to how they shall be constituted, 468, 485,
491, 492, 511, 551, 561.
The question referred to decision of Notables, 463, 511, 535.
Their decision thereon, 535, 548, 556, 561.
The court dissatisfied with decision, 536, 561.
Riots, 471.
Reforms by States General, 535, 562.
What reforms practicable, 544, 548.
Elections to States General, 580, 589.
Severity of winter of 1788-9, 541, 558, 590, 591.
Mr. Jefferson's views on rise and progress of French
Revolution, 554, 591.
Vol. iii.--
Elections to States General, 8.
Question whether States should vote by persons or orders, 8,
11, 23, 27, 34, 36, 40, 41, 43.
Concessions by the king, 11, 78.
Riots, 22, 26.
Opening of States General, 22, 26, 43.
Condition of finances, 26.
Large numbers of inferior clergy returned to Assembly, 27.
State of parties in National Assembly, 27, 34, 35.
Majority of clergy unite with Tiers Etat, 40, 41, 43, 44.
Proposition to distribute bread among poor, 48.
Tiers Etat declare themselves National Assembly, 50, 53, 57.
Character of Tiers Etat, 58.
Character of the noblesse, 58.
Clergy go over to Tiers Etat, 58.
A royal session proclaimed, 60.
Duke of Orleans joins Tiers Etat, 62.
Proceedings of Court party, 60, 61.
Disaffection of soldiery, 64.
King urges nobles and clergy to go over to Tiers Etat, 64,
65, 83.
Supplies of provisions from U. S., 65, 67, 68, 69, 73.
Constitutional reforms by National Assembly, 69, 70, 71, 75,
94, 97, 115.
Scarcity of provisions in Paris, 73, 86, 94, 111, 117.
Military intervention by the Government, 74, 75.
Fall of Necker and appointment of new Ministry, 85.
Character of new Ministry, 75.
Insurrections, 76, 77, 78, 79, 84.
Bastile taken and destroyed, 77, 79, 84.
Fall of Court Ministry and recall of Necker, 78, 79, 84.
Noblesse begin to emigrate, 79, 84, 87.
Massacres begin, 84, 85, 87.
The constitutional reforms contemplated by Liberal party, 89,
94, 97.
Internal condition of, 93, 94.
Financial embarrassments of France, 97, 115, 121.
Friendly disposition of National Assembly towards U. States,
99.
Division of parties in National Assembly, 116.
Danger of civil war, 117.
The king's flight from Paris, 284, 285, 293.
Plan of a French colony in America, 179.
How far our people exempt from droit d'Aubaine in France,
189.
Commercial relations of, with U. States, 225, 274, 275, 356,
448.
Duty on our oil, 250.
Duty on our tobacco, 250, 274, 288, 289.
War between France and Spain, 357.
Payment of our debt to, 252, 546.
Suspended by French Revolution, 476.
Declaration of war by, against Hungary and Bohemia, 458.
Our shipments to Marseilles, 486.
Revolutionary Government of France recognized by U. States,
489, 500, 522.
Military successes of France, 494, 495, 549, 570.
Effects of, in U. States, 502.
Mr. Jefferson's views of Jacobins, 501.
Reply to notification of establishment of French Republic,
518.
Plan of allies to exclude neutral commerce with, 519.
Execution of king of, 520.
Progress of the war, 549, 570.
Dumourier's desertion, 570.
Vol. iv.--
Condition of, in 1793, 8.
Affection of our people for, 123.
Her victories in Europe, 182.
Danger of war with, in 1797, 181, 183, 184, 185, 189, 233,
265, 277.
Special mission to, to preserve peace, 187, 208, 232, 234.
War with, avoided, 189, 190.
Silence of Envoys to, favorable, 216.
Their negotiations in France, 232, 234, 251.
Talleyrand's intrigues with, 234, 235, 270.
Return of Envoys to U. States, 250.
The X Y Z delusion, 265, 271, 274.
Effect of, in U. States, 275.
Conduct of Envoys, 271, 272.
Disposition of France to peace, 271, 275, 276, 288, 292, 293.
Establishment of the Consulate, 315.
Unfriendly feeling in, towards U. States, 448.
Condition of, under Bonaparte, 452, 493, 496.
Vol. v.--
Views of her Revolution, 133, 582.
Our relations with, 266.
War with England, 214.
Berlin and Milan decrees, 444.
Vol. vi.--
French Revolution, 41, 162, 227, 421.
Restoration of Bourbons, 428, 499.
Her revolutions, 499, 507, 520.
Prospects of, 526.
Vol. vii.--
Condition of, 66, 76.
Return to, of Louis XVIII., 82.
Constitution of, 86.
Allied Powers depart, 109.
Her Revolution, 302.
Her progress in science, 323.
Whether our treaties with, remain obligatory after her
Revolution, 611.
Not allowed to equip privateers in our ports, 226.
Vol. ix.--
Whether we should recognize revolutionary government of,
125, 130, 171.
Our relations with, 123, 132, 183, 185, 442.
Unpopularity of Governeur Morris at French Court, 132, 133.
Jefferson urged to accept mission to, 133.
Supplies furnished to, by U. States, 134.
Negotiations with, in reference to commerce, 230, 234.
Commercial treaty with, 304.
Joint mission to, 185.
Jefferson's notes of his travels in, 313.
Message relative to, 183.
Party in favor of war with, 185, 199.
_Franklin, Benjamin._--
Vol. i.--
His views on Articles of Confederation, 31.
Visit to, from Jefferson, 108.
Vol. iii.--
His declining health, 134.
His death, 139.
His philosophical attainments, 212.
His popularity in France, 213.
National Assembly of France expresses grief at his death,
218.
Vol. v.--
His last autobiography, 540.
Vol. vii.--
Calumnies against, 108.
Vol. viii.--
Anecdotes of, 497.
_Freneau, Philip._--
Vol. iii.--
Appointed clerk in State department, 215.
Circumstances under which appointed, 464.
Vol. ix.--
Attacks of his paper on the Administration, 144.
_Fugitives._--
Vol. iii.--
Surrender of, depends on Convention, 299.
Convention relative to, proposed by France, 299.
Difficulties in arranging Convention with Spain, 346.
Project of Convention with Spanish provinces, 350.
General views on Conventions for delivery of fugitives, 352.
Forcible seizure in Florida, by Americans, of fugitive
slaves, 454.
Slaves escaping to Florida restored to their masters, 195,
219.
[See Slavery.]
_Fur Trade._--
Vol. ii.--
Establishment of depôt for, at Alexandria, 60.
(G.)
_Gallatin, Albert._--
Vol. v.--
Character of, 574.
Jefferson dissuades him from leaving Madison's Cabinet, 477.
False imputations against, 593, 594.
Views of, on U. States Bank, 595.
_Gates, Gen._--
Vol. i.--
His disasters in the South, 241, 249.
Supplies for, from Virginia, 243, 244, 245, 246, 247, 248,
249, 250, 251, 252, 253, 254, 256, 260, 262, 263, 273,
274, 285, 288, 302, 304.
Consolations of Jefferson on his failures, 314.
_Generations._--
Vol. iii.--
Whether one generation can bind another, 103.
Vol. vi., 138, 196.
Vol. vii., 16, 19, 311, 359.
_Genet, M._--
Vol. iii.--
His arrival in U. States as French minister, 563.
Vol. iv.--
His conduct, 7, 20, 31, 45, 46, 47, 48, 49, 52, 53, 64, 68,
84.
His recall asked, 50.
Petitions to have Mr. Jay prosecuted for libelling him, 97.
Vol. ix.--
The question of his reception, 140.
His proceedings in violation of our neutrality, 150, 151,
152.
The question of his dismissal, 158, 162, 163, 169, 177, 178,
179, 180.
Difficulties with, 182.
Conferences with, 438.
_Geology._--
Vol. i.--
Views on, 516.
Vol. ii.--
Relative to rock formations, &c., 276.
_George IV._--
Vol. ii.--
Character of, 558.
_Gerry Elbridge._--
Vol. iv.--
His views of the political condition of the U. States,
and his mission to France, 273.
_Giles, Wm. B._--
Vol. iv.--
The resolutions of, 139.
_Glebes._--
Vol. vi.--
Moneys arising from sale of, how disposed of, 389.
_Gordon, Dr._--
Vol. ii.--
History of U. States by, 167, 425.
_Government._--
Vol. iii.--
The best treatises on, 145.
Vol. v., 91.
Establishment of seat of, 145, 146, 148, 152, 160.
Vol. ix., 94.
Removal of, to Philadelphia for ten years, and permanent
establishment at Georgetown afterwards, 162, 163, 169.
Vol. iv.--
Jefferson's views on, 114, 115.
Vol. viii, 222, 413, 543, 589, 604.
Importance of equilibrium between State and Federal
Governments, 217.
Vol. vi.--
Principles of, 45.
Vol. viii., 1.
Should be local, 543.
Definition of Republican Government, 605.
Vol. viii.--
Is progressive, 42.
Benefits of Republican Government, 148.
Vol. vii.--
Views on, 3, 263, 307, 318, 357.
Should reflect will of people in all its departments, 9, 319.
Is progressive, 15.
Should be remodelled from time to time, 14, 19.
Principle of representation, 32.
Must be adapted to each particular people, 56.
Majority must govern, 75.
Europe cannot bear Republican Government, 325.
[See Republican Governments.]
_Grand, Mr._--
Vol. ii.--
His pecuniary advances to U. States, 223.
_Greek._--
Vol. vii.--
Pronunciation of, 112, 137.
The Ablative case in, 33, 37.
_Green, Gen._--
Vol. i.--
His military movements in the South, 291, 294, 296, 298,
299, 300, 302, 303, 309.
_Grief._--
Vol. vi.--
The uses of, 601.
Vol. vii.--
Uses and abuses of, 33, 37.
_Grimm, Baron._--
Vol. vi.--
Character of, 576.
_Gunboats._--
Vol. iv.--
Views on, 507.
Vol. vi., 133.
Vol. v.--
Value of, as means of defence, 41, 42, 202, 228, 234, 316.
Improvements in, 189.
Vol. viii.--
The use of, recommended, 79.
(H.)
_Hamilton, Alexander._--
Vol. iii.--
His split with Jefferson, 460, 470.
His report on manufactures, 461.
His strong English bias, 548.
His political system, 548.
Vol. iv.--
His great talents, 121, 231.
His advocacy of Jay's treaty, 121.
His anonymous writings, 231.
Vol. v.--
Difference between his political principles and those of
J. Adams, 554.
Relations with Jefferson, 496.
Vol. vii.--
His monarchical principles, 389.
Vol. ix.--
His system of measures, 92, 93, 94, 95, 96, 174.
Monarchical principles of, 96, 122, 126, 147, 169, 196.
Preference of, for stronger government than the present, 99.
English partialities of, 108, 109, 145, 196, 197.
Relations of, with Jefferson, 121.
Efforts of Washington to reconcile him and Jefferson, 131.
His abhorrence of French Revolution, 177.
_Hamilton, Gov._--
Vol. i.--
His detention as prisoner of war, 231, 232, 233, 237, 258,
267.
_Hammond, Mr._--
Vol. iii.--
His negotiations with Jefferson, 365.
_Harper's Ferry._--
Vol. v.--
The scenery at, 446.
_Hartford Convention._--
Vol. vi.--
Views of, 425.
_Hastings, Warren._--
Vol. ii.--
His trial, 349.
Jefferson's views on, 349.
_Hazzard, Mr._--
Vol. iii.--
Collection of State Papers by, 20.
_Head and Heart._--
Vol. ii.--
Dialogue between, 32,
_Hennin, M._--
Vol. ii.--
His character, 110.
_Hemp Breaker._--
Vol. vi.--
New invention, 506.
_Henrick, The._--
Vol. viii.--
The case of, 22.
_Henry._--
Vol. vi.--
His mission to Eastern States, 50.
_Henry, Patrick._--
Vol. i.--
His connection with the Revolution, 116.
His eloquence, 4.
Vol. ii.--
His course in Virginia Assembly, 574.
Vol. iii.--
His views relative to amendments to Virginia Constitution,
469.
Vol. iv.--
Court paid to him by Federalists, 148.
Vol. vi.--
Resolutions of, 1765, by, 366, 485.
Case of Josiah Philips, 369.
His manners and habits, 487.
_Hessian Fly._--
Vol. iii.--
Account of, 32, 38.
_History, Civil._--
Vol. vii.--
Course of, indicated for University of Virginia, 412.
_History, Natural._--
Vol. i.--
Objects of, 506.
The grouse, pheasant, elk, deer, &c., 506, 507, 519.
Vol. ii., 74, 285, 288, 474.
The big bones of the West, 323.
Vol. ii., 474.
Vol. iv., 149, 337, 351.
Whether animals degenerate in America, 340.
Vol. iv.--
Skeleton from Paraguay, 195.
The wild horses of the West, 253.
Vol. v.--
Fossil remains, 46, 219, 220, 261, 310, 467.
Different systems of classification, 319.
_Holland._--
Vol. ii.--
Political condition of, 212, 215, 234.
Division of parties in, 228.
Relations between Holland and Prussia, 279, 281, 289.
Amicable adjustment of, 303, 308, 476, 483.
_Holland, King of._--
Vol. v.--
Congratulations on his accession to the throne, 47.
_Honfleur, Port of._--
Vol. i.--
Should be made a free port, 579.
Vol. ii., 53, 92, 96, 126.
_Hopkins, Mr._--
Vol. i.--
His views of Articles of Confederation, 34.
_Hostage._--
Vol. ii.--
Case of one confined at Dunkirk, 312.
_Houdon, M._--
Vol. i.--
His statue of Washington, 513, 533.
_Hull, Gen._--
Vol. vi.--
His defeat, 101, 103.
_Humboldt, Baron._--
Vol. v.--
His work on Spain, 435.
_Humphreys, Col. David._--
Vol. i.--
Testimonials of his character, 538, 568.
Vol. iii.--
Sent on special mission to Europe, 180.
Appointed resident minister to Portugal, 215.
Sent on special mission to Algiers, 529.
_Hundreds._--
Vol. v.--
Division of counties into, 525.
_Hygrometer._--
Vol. ii.--
Invented by Dr. Rittenhouse, 83.
(I.)
_Incorporation._--
Vol. v.--
The power of, not granted by Constitution, 412.
_Impeachment._--
Vol. iv.--
Introduction of trial by jury in cases of, 215.
_Imports._--
Vol. iii.--
Distinction between impost and excise, 17.
_Impressment._--
Vol. iii.--
Of American sailors by England, 204, 206.
Case of Hugh Purdie, 204.
Provision for impressed seamen, 335.
Jefferson's views on impressment, 448.
Negotiations in relation to, 525.
Vol. iv.--
Jefferson's views of, 138.
Vol. vi., 420, 426, 428, 467.
Vol. v.--
Efforts to suppress by treaty, 55, 63.
Refusal of, to sign treaty not providing for suppression
of, 55, 63.
Vol. viii.--
Our remonstrances against, 58.
_Improvement, Internal._--
Vol. iv.--
Jefferson's views on, 131, 449, 478.
Post roads, 131.
Piers in the Delaware, 449, 478.
Light-houses, 450, 478.
Vol. vii.--
Progress of, 75, 422.
Power of, does not belong to Federal Government, 79.
Vol. viii.--
The Cumberland Road, 78, 97.
Vol. ix.--
By General Government, unconstitutional, 496, 497.
_Inaugural Address._--
Vol. iv.--
Notes on Jefferson's second Inaugural, 475.
_Independence, Declaration of._--
Vol. i.--
First moved in Continental Congress by the delegates from
Virginia, in obedience to instructions, 12.
Debates on that motion, 12, 13, 14, 15, 16, 17.
Action of Congress thereon, 17, 18.
Committee appointed to prepare Declaration, 17, 18.
Report of Committee, 19.
Copy of rough draught of Declaration, 19, 20, &c.
Facsimile of rough draught of the Declaration, 26.
History of the circumstances attending the Declaration, 118.
Separation from mother country necessary and inevitable, 207.
Vol. vii.--
Its history, 122, 304.
Jefferson's opinion of Mecklenberg Declaration, 128.
Authorship of, 407.
Original rough draft of, 409.
The house in which written, 410.
Celebration of 50th anniversary of, 450.
Vol. ix.--History of, 309.
_Indians._--
Vol. i.--
Expeditions of Clarke and Shelby against, 221.
Expedition by Clarke, 239, 259, 281, 282, 295.
England incites them against our people, 604.
Vol. ii.--
Our policy towards, 3.
Vol. iii., 246, 247.
Vol. viii., 186, 188, 192, 193, 196, 201, 203, 207, 211,
217, 241.
The origin of the aborigines of America, 434.
Vol. iii.--
Treaty with Creek Indians concluded, 184.
What rights States have over Indians within their limits,
142, 281.
Their progress in civilization, 217.
Expedition against, fails, 217.
Hostility of the Six Nations, 248.
Intrigues of the English with, 248.
Disclaimed by their Government, 331.
Scott's expedition against, 273, 279.
What right a State has over Indian territory within its
limits, 192, 281.
Gen. Wilkinson's expedition against, 306.
Our intervention with, in favor of Spain, 358.
Intrigues of Spanish agents among, 455, 459, 474, 479,
480, 566.
Our conduct towards Creek Indians, 478, 479, 480.
Spain incites Indians to hostility against us, 478, 479,
480.
Our relations with the Indians, 478, 479, 480, 487, 581,
584.
Spanish officers furnish them with arms, &c., 566.
Vol. iv.--
Our efforts to keep them neutral in revolutionary war, 10.
Efforts to preserve peace with, 10, 11, 12.
Our policy towards, 11, 12, 13, 14, 15, 16, 464, 467, 472,
489.
War with North-Western Indians, 86.
Cessions of land by, 464, 467, 472.
Their languages, 326, 580.
Their artistic skill, 310.
Vol. v.--
Improvement of, 212, 278, 302.
Vol. viii., 7, 51, 118, 185, 141, 210, 214, 219, 226, 229.
Their languages, 6, 469, 599.
Best articles of trade with, 44.
Relations with, 162, 184, 330, 348, 350.
Danger of war with, 175.
Policy towards, in a war with England, 176, 276, 348.
Trade with, 269.
General policy towards, 348, 350.
How to proceed in case of murders by, 354.
Settlement of boundaries with Kickapoos, 400.
Efforts to prevent the use of spirituous liquors by, 407.
Best mode of civilizing, 440.
Efforts to civilize, 484.
Vol. vi.--
Wabash prophet, 49.
Traditions of, 59.
Religion of, 60, 147.
Civilization of, 62.
Vol. vii., 233.
Origin of, 120, 146.
Our policy towards, 269.
Languages of, 529.
Vol. vii., 96, 400.
Vol. vii.--
The right to extinguish Indian titles belongs to the Federal
Government, and not to the States, 467.
Vol. viii.--
Our Indian relations, 17, 21, 25, 31, 37, 42, 66, 85, 106,
172, 184, 186.
Acquisitions of territory from, 25, 52, 93, 94, 108, 190,
192, 199, 206, 219, 237, 239.
Relations with, during Revolutionary war, 172, 177.
Prohibition of sale of spirituous liquors to, 187, 191, 233.
Commerce with, 196.
Warned against uniting with English in war of 1812, 212,
215, 217, 233, 236.
Virginia Indians, 336.
Burial places of, 341.
Language of, 345.
Origin of, 344.
Catalogue of tribes of, 346.
Logan's speech, 308.
The character of the races of, 304.
The capacity of, 305.
Efforts to preserve peace between, 221, 223, 228, 236.
Removal of, West, 231.
Government of, 435.
Tribes of sea-board, 434, 437.
Vol. ix.--
Efforts of English to preserve peace, 127.
Nature of our jurisdiction over Indian territory within
our limits, 136, 429.
Expeditions against Creeks proposed, 174.
Our policy towards, 460.
_Indies, West._--
Vol. ii.--
Our trade with, 536.
Vol. iii.--
Views of U. States in regard to French West Indies, 275.
Commerce with, 275, 276.
Insurrection of negroes in St. Domingo, 303, 306, 320, 450.
Relief furnished by U. States, 492.
[See West Indies.]
[See Insurrection.]
_Insurrection._--
Vol. iii.--
Of negroes in St. Domingo, 303, 306, 320, 450.
[See Indies, West.]
Vol. iv.--
Of negroes in Virginia, 336.
_International Law._--
[See Law of Nations.]
_Ireland._--
Vol. i.--
Commerce of, with U. States, 478.
_Italy._--
Vol. ii.--
Description of Northern Italy, 136, 137.
_Inventions, Mechanical._--
Vol. ii.--
Improvement in making wheels, 97.
(J.)
_Jay, John._--
Vol. iv.--
Unpopularity of his treaty with England, 120.
Vol. vii.--
Why he did not sign the Declaration of Independence, 308.
_Jefferson, Thomas._--
Vol. i.--
His family, 1, 2.
His birth, 2.
His early education, 2.
Elected to Virginia Legislature, 3.
Endeavors to have slavery abolished in Virginia, 3.
His marriage, 4.
Student at William and Mary College, 4.
Resolutions against Stamp Act, 4.
Proceedings therein, in Virginia, 4.
Appointed member of Continental Congress, 10.
Elected to Virginia Legislature after separation from
England, 36.
Brings in bill for establishing courts of justice, 36.
Also declaring that tenants entail shall hold their lands
in fee, 36.
Appointed member of committee to revise laws of Virginia, 42.
Overthrow of landed aristocracy of Virginia, 49.
Elected Governor of Virginia, 50, 216.
His resignation in favor of Gen. Nelson, 50.
Appointed Commissioner to France, 50.
Declines in favor of Dr. Lee, 51.
Appointed minister plenipotentiary to negotiate peace, 51.
Declines at first, but accepts afterwards, 51, 313, 321.
Prepares to sail, 312, 324, 326.
His detentions, 327, 332.
Treaty of peace being concluded before he sails, he resigns
and returns home, 52, 329, 330, 331.
Appointed a delegate to Congress, 52.
Executive powers of confederation lodged in committee, 54.
Committee split into factions, 54.
Appointed minister plenipotentiary to negotiate treaties
with foreign nations, 60.
Sails for Europe, 60.
Appointed minister to France, 63.
Subjects of negotiation with France, 64.
Visit to south of France, 72.
Dislocated wrist, 72.
Takes management of European debt of U. States, 83.
Visit to Holland, and journey along Rhine, 85.
Refuses to aid in framing Constitution for France, 103.
Consultation at his house in Paris among the leaders of
liberal party of France, 104.
His views of French revolution, 106.
His views of the French people, 107.
His return to U. S., 107.
Appointed Secretary of State, 108, 176.
Visits Franklin, 108.
A summary of his public services, 174.
Love affair in Williamsburg, 181, 186, 188, 190.
Relative to his residence in Williamsburg, friends and
things there, 184, 193, 194.
Loss of his library and papers by fire, 193.
His opinion of Ossian, 196.
Member of the association against importing goods from
England, 197.
His love of music, 209.
His views of Europe, 444.
His salary as minister insufficient, 452.
Vol. ii.--
His visit to south of France, 71, 109, 121, 126.
Vol. ix., 313.
His views of south of France, 132, 135, 136, 266.
Vol. ix., 313.
Visit to Northern Italy, 136, 137, 266.
Vol. ix., 313.
Settlement of his accounts as minister, 225, 400, 401.
His domestic tastes, 243, 356.
His visit to Hague, 361.
His outfit as foreign minister, 401, 406.
Effort to take him prisoner in Albemarle, 425.
Vol. ix., 212, 220.
Tarleton's conduct at Charlottesville, 425.
Vol. ix., 212, 220.
The depredations of Cornwallis, 426.
Petitions for leave of absence to visit U. States, 513, 552.
His relations to parties under new Constitution, 586.
His views on Hastings' trial, 349.
His views on democracy, 100, 105, 106, 249.
Vol. iii.--
Made Doctor of Laws by Harvard University, 14.
Asks leave of absence from France, 31, 102, 121.
Draws Constitutional charter to be signed by King of France,
45, 46, 47.
Declines any office in U. States, 102.
Declines Secretaryship of State, 124.
Accepts the same, 126.
Reasons for this change, 131.
The appointment of his assistant, 127.
Arrives in New York to enter on duties of his office, 128,
129.
Elected member of American academy of Arts and Sciences,
130.
Letters of farewell to partisan friends, 133, 134, 135, 136.
His observations on the weather, 144.
His illness, 155.
Depredations on his property during the war, 197.
His visit to Eastern States, 265.
His purpose to retire from the cabinet, 467, 490, 531, 577.
Delay therein, and reasons for it, 506, 531.
Letter to General Washington, urging him to serve a second
term, 360.
His negotiations with Mr. Hammond, 439.
His conversations with Hammond, 365, 439.
His controversy with Hamilton, 460.
His statement of, to Washington, 460.
Hamilton's attack upon, 460, 470.
Collection of his letters, 520.
Refuses, while in public life, to embark in any enterprise
for the improvement of his fortune, 527.
Vol. iv.--
His retirement from Secretaryship of State, 26, 28, 99, 100.
Vol. ix., 165, 166, 167, 168.
Consents to remain until December 1792, 28.
His retirement from politics, 101.
His devotion to agricultural life, 103.
His farming system, 106, 143, 224.
Declares his purpose never to enter public life again, 110.
Does not desire the Presidential office, 116.
His relations with Gen. Washington in 1796, 142, 171.
Prefers Mr. Adams to himself for Presidency, 150, 151, 153,
154.
His letter to J. Adams on the subject, 153.
His election to Vice-Presidency, 158, 163, 165, 168.
Mode of notifying his election, 160.
His views of duties of his new office, 161.
His relations with J. Adams, 161, 167.
Vol. vii., 314.
Preparation of his Parliamentary Manual, 163.
His account of the Mazzei letter, 193.
His opposition to war with France, 178, 181, 183, 184, 185,
198, 230, 254.
His political associates, 254.
Calumnies against him, 255, 333, 520, 576.
Summary of his political principles, 268.
His election over Burr to Presidency, 358.
His Valedictory to Senate on termination of Vice-Presidency,
362.
His oath of office, 364.
Reformations in administration of Government, 396, 399, 523.
His agency in forming Constitution, 441.
Principles of his Administration, 452, 523, 548.
Candidate for second Presidential term, 536.
His early friends, 547.
Political differences have no effect on his private
friendships, 562.
His purpose to retire at end of second term, 565.
His majority at second election, 573.
Unanimity of his Cabinet, 592.
Vol. v.--
Efforts to alienate his Cabinet from him, 23.
Calumnies against, 80, 264, 503, 504.
Resigns presidency of American Philosophical Society, 392.
Is re-elected, 40, 494.
Refuses all presents while President, 392.
Resolution to retire at end of second term, 62, 88, 407.
Vol. viii., 121, 123, 126.
Reception of, by people on his retirement, 431.
His pleasure at retiring, 432.
Letter to people of Albemarle at end of Presidential term,
439.
All prosecutions for libels against him, dismissed, 452.
Franking privilege allowed him, 453.
His writings, 465.
Relations with Hamilton, 496.
His habits, 508, 558.
Made member of Royal Institute of Amsterdam, 517.
Relations with Adams, 559, 560.
Vol. vi.--
His bodily decay, 4, 519.
His devotion to agriculture, 6.
Efforts to extort from, 9, 10.
His declining faculties, 107, 403.
Vol. vii., 52, 179, 327.
His relations with Mr. Adams, 125.
Complains of publication of his letters, 282.
Vol. vii., 222.
His views of merchants, priests and lawyers, 334.
Made member of Agronomic Society of Bavaria, 363.
Tenders his library to Congress, 384, 387.
Resigns presidency of Philosophical Society, 396, 397.
His feelings towards England, 449.
Estimate of his public services, 455.
Calumnies against, 465.
His estimate of life, 575.
Vol. vii., 25, 421.
Vol. vii.--
Resigned to death, 52, 243.
Oppressed by correspondence, 54, 254.
His occupations in his old age, 111, 116.
His habits of life, 116.
Materials for his biography, 117.
Application for his portrait, 203.
Settlements of his accounts on his return from France, 239,
246.
His relations with J. Adams, 314.
Calumnies of Pickering, 362.
His relations with Washington unaffected by the Mazzei
letter, 364.
Their friendship uninterrupted to the last, 370.
His losses by security debts, 433.
Vol. viii.--
Declines being candidate third time, 121, 123, 126.
Vol. ix.--
Disinclination of, to all public offices, 103.
Purpose of, to retire from Secretaryship of State, 120, 133.
Consents to remain longer, 130.
Relations of, with Hamilton, 121.
Efforts of Washington to reconcile him and Hamilton, 165,
166, 167, 168.
Reasons for wishing to resign, 166.
Course of, pending the contested election between Burr and
himself, 202, 209, 210.
His diary of the invasion of Virginia in 1780, 212, 220.
Censures against, in connection with his conduct during
invasion, 215.
Unanimously acquitted by Virginia Legislature, 218.
Circumstances of his flight from Monticello, 219, 223.
Recommends the appointment of General Nelson as governor,
223.
Answers to questions propounded to him by M. de Meusnier,
relative to our Government, 244.
Journal of his tour through south of France and north of
Italy, 313.
Tour of, to some of the gardens of England, 367.
Tour of, to Amsterdam, Strasburgh and the Rhine, &c., 373.
Farewell address of Virginia Legislature to, 476.
Applies to Virginia Legislature for leave to sell his
estates by lottery, 500.
Summary of his public services, 506.
His will, 511.
_Jones, Paul._--
Vol. ii.--
Prize money due him, 1.
Takes employment in Russian navy, 372, 381, 382.
His victory over Turks, 441, 443, 448, 449, 451, 454, 466.
Vol. iii.--
Difficulties of, with Russian officers, 101.
Sent commissioner to Algiers, 431.
Instructions to, 431.
Death of, 528.
_Judiciary._--
Vol. i.--
Jefferson's views on, 81.
Expediency of introducing jury trial in Chancery courts, 37,
49, 50.
Vol. iv.--
The Executive consults it, 22.
Limits to jurisdiction of Federal Judiciary, 199.
Jury trial and _vivâ voce_ evidence in Chancery suits, 318.
Vol. v.--
Always Federal, 549.
Vol. vi.--
Limits between State and Federal, 494.
Cannot bind Legislature or Executive by its decisions, 462.
Vol. vii.--
Decisions of, do not bind other departments of Government,
134, 177.
Each department decides for itself, 134, 177.
Dangers to our Government from encroachments of, 192, 199,
216, 256, 278, 293, 321, 403.
Vol. viii.--
Reorganization of, 13.
_Juries._--
Vol. iii.--
Jefferson's views on, 81.
_Jurisdiction._--
Vol. iii.--
One sovereign not amenable to the jurisdiction of another,
277.
_Jurisdiction, Maritime._--
Vol. iv.--
Extent of the marine league, 75, 559.
Vol. ix., 176.
(K.)
_Kaims, Lord._--
Vol. iii.--
Jefferson's opinion of, 452.
_Kentucky, State of._--
Vol. i.--
Danger of her secession, 518.
Vol. iv.--
Resolutions of, on alien and sedition laws, 258, 305.
Vol. ix.--
Establishment of, as a State, 258.
_Kentucky Resolutions._--
Vol. vii.--
Drawn by Jefferson, 229.
Vol. ix.--
Originals of, 464.
_King, Rufus._--
Vol. iv.--
Sent minister to Russia, 289.
_Kings._--
Vol. vi.--
Character of European kings, 271.
_Klein, M._--
Vol. ii.--
Claim of, against U. States, 569.
_Knox, Gen._--
Vol. iv.--
His bankruptcy, 262.
_Kosciusko, Gen._--
Vol. iv.--
His return to Europe, 248.
Vol. vii.--
His will, 98.
His services to the U. States, 106.
Vol. viii.--
Biographical sketch of, 494.
(L.)
_Lafayette._--
Vol. i.--
Presentation of bust of, by Virginia, to city of Paris, 403,
514.
Vol. ii., 80, 44, 118, 123.
Grant of land to, 533.
Vol. ii.--
Services of, to U. States, 108.
Vol. iii.--
Jefferson advises him to join Tiers Etat, 20.
Embarrassments of his position in France, 32.
Made commander-in-chief of National Guards, 84.
Efforts to secure his release from imprisonment, 524.
Vol. iv.--
Reception of his son in U. States, 114.
Vol. vi.--
His journal of his campaign in Virginia, 426.
Vol. vii.--
His visit to U. States, 378, 379.
_Lamb, Mr._--
Vol. i.--
His mission to Algiers, 376, 581.
Embarrassments resulting from his delay, 376, 385.
Remanded to America to give information in reference to his
mission, 581.
His conduct equivocal, 605.
Vol. ii.--
His equivocal conduct, 73, 85.
_Land._--
Vol. i.--
Colonial tenure of, 138.
Vol. iv.--
Conveyances of, before Revolution, 371.
_Lands, Public._--
Vol. i.--
Best disposition to be made of, 347.
Ordinance in relation to, 407.
Purchase of, by Congress, 423.
Land office, 423, 430.
Sales of, 430.
Vol. ii., 86, 326.
Vol. ii.--
Disposition of proceeds of, 325.
Vol. iii.--
What included in North Carolina cession, 229.
Vol. v.--
Intrusions on, 382.
Vol. vii.--
Settlements on, 83.
_Langdon, Gov._--
Vol. vii.--
Relations of, with Jefferson, 154.
_Language._--
Vol. vi.--
Introduction of new words in, 185, 272.
Is progressive, 185, 272.
Vol. vii., 174, 218.
_Languages._--
Vol. iv.--
Study of the languages, 316.
The Indian languages, 326, 348, 580.
_Law._--
Vol. vii.--
Course of reading in, 207.
Common Law no part of the Law of U. States, 251.
Christianity no part of Common Law, 359.
Origin of Common Law, 381.
_Laws._--
Vol. i.--
Revision of Virginia code, 42, 45.
[See Virginia.]
Vol. ii.--
Evil of their instability, 333.
Vol. iii.--
No such thing as perpetual laws, 106, 108.
Collection of laws of different States, 184.
Vol. v.--
Rules for construing by Executive, 158.
Degeneracy of law, 524.
Some cases above law, 542.
Law of New England not Common Law, 547.
_Law, Common._--
Vol. iv.--
No part of law of Federal Government, 301, 306.
Vol. vi.--
Christianity no part of the Common Law, 303, 311.
Interpolations on, 311.
How far binding, 65.
Works on, 291.
Origin of, 381.
Vol. ix.--
Whether part of law of U. States, 199, 485.
How far in force, 485.
Hardin's case, 485.
_Law, International._--
Vol. i.--
Effort to introduce a new principle in, 62.
[See Privateering.]
Free ships make free goods; enemies' ships make enemies'
goods, how far Law of Nations, 62.
Vol. ii., 280.
Vol. vii., 270.
Proposition to exempt merchant vessels from seizure in
time of war, 62.
Vol. ii.--
Property of one sovereign cannot be seized in territories
of another, 477, 486.
Vol. iii.--
One sovereign not amenable to jurisdiction of another, 277.
Enemies' property in our territory at the time of war, may
be seized and confiscated, 369.
Enemies' debts may be confiscated, 387.
Rights of one party where another violates a treaty, 391.
Before a foreigner can apply to Executive for relief, he
must exhaust his remedies in the Courts, 538, 540, 541,
585.
We acknowledge always the government de facto, 489, 500,
522.
Foreign-built vessels purchased by our citizens, stand
on the same footing as to neutral rights with home-built
vessels, 550.
Vol. iv.--
Enemies' property in neutral vessels may be seized and
confiscated, 24, 43, 408.
Arms are contraband, but Government will not prohibit
exportation of, 87.
[See Neutrality.]
Vol. ix.--
Principles of, to be insisted on in our first treaties with
European powers, 226.
Origin of the principle, "Free bottoms make free goods," 443.
_Law, Municipal._--
Vol. iv.--
Derived their authority from the people, 302.
_Lawyers._--
Vol. v.--
Of New England, not good common-law lawyers, 547.
_Ledyard._--
Vol. i.--
Expedition of, to explore western part of American continent,
68.
Vol. ii., 151.
Defeated by the Empress of Russia, 68.
Vol. ii., 433.
_Lee, Richard H._--
Vol. vii.--
Biography of, 422.
_Leslie, Gen._--
Vol. i.--
Letter from, to Cornwallis, intercepted, 271.
_Latrobe._--
Vol. v.--
Relations of, with Jefferson, 578.
_Levees, Presidential._--
Vol. iv.--
Account of, under Washington, 132, 147.
_Lewis, Capt. Meriwether._--
Vol. iv.--
Expedition of, to explore West, 470, 492, 516, 540.
Vol. viii., 59, 66.
Vol. v.--
Papers of, 480.
Vol. vi.--
Publication of his journal delayed, 270.
Lewis and Clarke's journal of their western expedition, 595.
Vol. vii., 91.
Vol. viii.--
Biographical sketch of, 480.
_Lexington._--
Vol. i.--
Account of battle of, 207.
_Liancourt, Duke de._--
Vol. iv.--
A fugitive from French Revolution, 145.
_Libraries, Public._--
Vol. v.--
Benefit of, 448.
_Lincoln, Levi._--
Vol. vi.--
Declines seat on bench of Supreme Court, 8.
_Literature._--
Vol. ii.--
New literary works, 95.
Vol. iii.--
Literary news of Europe, 14.
Vol. iv.--
Condition of literary men, 513.
_Livingston, Robert R._--
Vol. iv.--
Secretaryship of Navy tended to, 338.
Sent Minister to France, 360.
_Livingston, Edward._--
Vol. vii.--
His Louisiana code, 383, 483.
Vol. ix.--
Effort to bribe him to Burr's support, 202.
_Livy._--
Vol. ii.--
Arabic translation of, 483.
_Loans._--
Vol. i.--
European loans to U. States, 210.
Vol. iii.--
Negotiation of Holland loan, 247.
Destination of Holland loan, 536.
Vol. vii.--
Proposition for new loan, 629.
_Logan._--
Vol. viii.--
Account of speech of, 308.
_Logwood, Thomas._--
Vol. v.--
Pardon of, 385.
_Looming._--
Vol. viii.--
The phenomenon of, 327.
_Lotteries._--
Vol. vii.--
Jefferson applies to Virginia Legislature for leave to sell
his property by lottery, 434, 500.
Vol. ix.--
Thoughts on, by Jefferson, 500.
_Louis XVI._--
Vol. i.--
Character of, 88, 101.
Vol. ii., 154, 310.
Vol. iii.--
Execution of, 520.
_Louisiana._--
Vol. iv.--
Its cession to France, 432, 435.
Efforts to purchase, for U. S., 454, 457, 460.
Its acquisition, 494, 497, 503, 509, 510, 525.
Vol. viii., 23, 29.
Boundaries of, 498, 503, 539, 548, 550, 587.
Vol. v., 110, 178.
Vol. vii., 51.
Its unconstitutionality, 500, 503, 504, 506.
Cession of, opposed by Spain, 511.
Occupation of, 510, 514.
Vol. viii., 32.
Organization of government of, 551, 558.
Vol. viii., 36.
Vol. viii.--
Benefits of acquisition of, 41.
_Luzerne, Chevalier de._--
Vol. i.--
Appointed Minister to U. States, 350.
Vol. ii.--
His return to U. States as Minister, 106, 112.
Appointed ambassador to England, 314.
His domestic affairs, 445.
Vol. iii.--
Letter of regret to, on termination of his mission to U.
States, 140, 141.
Gold medal presented to, 107.
(M.)
_Madison, James._--
Vol. i.--
Character and early history of, 41.
Vol. ii.--
Books for, 207.
Vol. iv.--
Jefferson wishes him to succeed Washington as President,
116, 117, 136, 150.
Vol. v.--
Divisions in his Cabinet, 509, 589, 596, 598, 600, 607.
_Mammoth, The._--
Vol. ii.--
Account of, 474.
Vol. viii., 286.
_Mansfield, Lord._--
Vol. ii.--
Jefferson's opinions of his decisions, 487.
_Manual, Parliamentary._--
[See Parliamentary Manual.]
_Manufactures._--
Vol. ii.--
Improvement of U. States in, 91.
Reason why U. States do not prosper in, 412.
Domestic manufactures of Virginia, 412.
Vol. v.--
Impulse given to, by embargo, 415, 456.
Vol. viii., 109.
How far should, be protected, 415, 417, 440.
Condition of, in U. States, 583.
Vol. vi.--
Domestic, in U. States, 36, 69, 94, 472.
Growth of, during the war, 430.
Jefferson's views on manufacturing system, 521, 553.
Vol. ix.--
Hamilton's Report on, 104.
_Mail._--
Vol. v.--
Robberies of, 406.
_Malthus._--
Vol. iv.--
Work of, on population, 526, 527.
_Map._--
Vol. i.--
Of Virginia, Pennsylvania and Maryland, 536.
_Maritime Jurisdiction._--
Vol. iv.--
Limits of, 73, 559.
_Maria Antoinette._--
Vol. i.--
Character of, 88, 101.
_Marque, Letters of._--
Vol. v.--
Character of, 273.
_Marseilles._--
Vol. ii.--
Our trade with, 138.
_Marshall, John._--
Vol. iv.--
Reception of, on his return from mission to France, 249.
Vol. v.--
His Life of Washington, 476.
Notes on, by Jefferson, 476.
Vol. ix., 478.
_Mason, George._--
Vol. i.--
Character of, 41.
_Massachusetts._--
Vol. viii.--
Extension of Republican principles in, 116.
_Materialism._--
Vol. vii.--
Views on, 153, 175.
_Matthews, Col._--
Vol. i.--
Prisoner of war, 231, 232, 233.
_Mazzei Letter._--
Vol. iv.--
History and explanation of, 193.
Vol. vii.--
Relations with Washington unaffected by, 364.
_Measures._--
Vol. iii.--
Standard of, for U. States, 157, 161.
Standard of, adopted by French National Assembly, 276.
[See Weights and Measures.]
_Medals._--
Vol. ii.--
For Revolutionary officers, 123.
_Medicine._--
Vol. v.--
Views of science of, 105.
Vol. vi., 33, 105.
_Mesmerism._--
Vol. iii.--
Jefferson considers Mesmer a maniac, 212.
_Messages._--
Vol. iv.--
Substituted for speeches by Jefferson, 426.
_Metaphysics._--
Vol. vi.--
Jefferson's views, 153, 175.
_Meteoric Stones._--
Vol. v.--
Account of, 245.
_Mexico._--
Vol. ii.--
Classification of population of, 143.
Revolutionary movements in, 144.
_Militia._--
Vol. iv.--
The discipline of, 469.
Vol. v.--
Organization of, 116, 76.
Vol. viii., 49, 108.
Called out to defend Norfolk and Hampton, 118, 138.
Disbanded, 143.
The Ohio militia, 206.
When should be called out, 409.
Vol. ix.--
Washington's opinion of best mode of using, 146.
_Mines._--
Vol. v.--
Rent of Indiana lead mines, 207, 210.
_Ministers, Foreign._--
Vol. ii.--
Salaries of, insufficient, 401, 406.
Entitled to outfit, 402, 406.
Have no power to authenticate legal instruments, 542.
Vol. iii.--
Medals presented to, on leaving, 142.
Breach of privilege, 453.
Vol. iv.--
Pay of, 455.
Right of, to import free of duty, 588.
Vol. vii.--
Senate has no right to negative the _grade_ of a minister.
It can only negative the person appointed by the Executive,
465.
Vol. ix.--
Relative to appointments of, at London, Paris, and the Hague,
420.
_Ministers of Religion._--
Vol. vi.--
Should not discuss political matters from the pulpit, 445.
_Mint, The._--
Vol. iii.--
Arrangements for its establishment, 139, 140, 446, 509, 542.
An Assayer for, 542.
Hamilton's report on, 330.
[See Coinage.]
Vol. v.--
Appointment of assistant engraver for, 61.
Vol. vii.--
The coiner at, unable to give security, 651.
_Miranda's Expedition._--
Vol. v.--
Discountenanced by our government, 474.
_Missions, Religious._--
Vol. vii.--
To foreign States objectionable, 287.
_Mississippi River._--
Vol. ii.--
Our right to the navigation of, 100, 378, 396, 398, 416.
Vol. vii., 568.
Vol. ix., 412.
Vol. iii.--
Question of the right of navigation of, mooted with Spain,
172.
Necessity of some port on bank of, 173, 178, 228.
Negotiations relative to, 178, 227, 233, 234, 328, 340, 341,
342, 344.
_Mississippi Territory._--
Vol. v.--
British claims in, 274.
_Missouri Question._--
Vol. vii.--
Agitation of, 150, 151, 194, 200.
Evils of a geographical line, 151, 158, 159, 180, 182, 184.
_Monarchy._--
Vol. ii.--
Jefferson's views on, 221, 249, 253.
Vol. ix.--
Efforts to establish, in U. States, 89, 90.
Washington's opinion that there is no real monarchical party
in U. States, 117, 122.
Jefferson's opinion that there is, 184, 187, 188, 189, 190,
196, 197.
Jefferson's apprehensions of the Hamilton party, 122, 167,
184.
_Money._--
Vol. ii.--
Redemption of paper money of U. States, 51, 64.
Money unit of U. States, 52.
Vol. ix.--
Depreciation of Continental money, 259, 260.
[See Currency. See Paper Money.]
_Monroe, James._--
Vol. ii.--
Character of, 555.
Marriage of, 590.
Vol. iv.--
Jefferson advises him to come to Congress, 242.
Sent on special mission to France, to negotiate for Louisiana
and the Floridas, 454, 457, 460.
Vol. v.--
Relations of, to Madison's administration, 247, 482.
Offered government of Orleans or Louisiana, 11.
Explanations by, in relation to English treaty, 254.
Vol. vi.--
Made Secretary of War, 410.
Vol. vii.--
Elected President, 80.
_Montesquieu._--
Vol. v.--
Commentary on his Spirit of Laws, 525, 539, 566.
_Montmorin, Count de._--
Vol. ii.--
Succeeds Count de Vergennes, 122.
Character of, 131.
_Monticello._--
Vol. ii.--
Beautiful scenery of, 35.
_Monuments._--
Vol. iv.--
To living men objectionable, 335.
_Moose, The._--
Vol. ii.--
Account of, 474.
_Moose Island._--
Vol. v.--
Within jurisdiction of U. States, 317.
_Morality._--
Vol. vi.--
Basis of, 348.
_Moral Sense._--
Vol. vi.--
The existence of, 349.
_Moreau, Gen._--
Vol. iv.--
Arrival of, in U. States, 584.
_Morris, Governeur._--
Vol. iii.--
Appointed minister to France, 325.
Instructions to, 325, 329, 448.
Salary of, 325.
Opposition to his appointment, 329.
Vol. iv.--
Becomes unpopular in France, 93.
_Morris, Robert._--
Vol. iii.--
Land purchases by, in Massachusetts, 231.
_Morocco._--
Vol. iii.--
Death of Emperor of, 357.
[See Barbary States.]
_Mountains._--
Vol. vi.--
Method of measuring height of, 495, 510.
_Moustier, Count de._--
Vol. iii.--
Letter of respect to, on terminating his mission to U.
States, 216.
_Mulatto._--
Vol. vi.--
Who are Mulattoes under our laws, 437.
_Museum._--
Vol. v.--
Establishment of one at Williamsburg, 79.
_Music._--
Vol. i.--
New musical instrument, 504.
Vol. ii.--
The Harmonicon, 75.
_Muskets._--
Vol. i.--
Improvement in, 412, 514.
(N.)
_Napier, Lord._--
Vol. vi.--
His theorem, 335.
_Naples._--
Vol. ii.--
Relations of, with Papal See, 454.
_Natural History._--
Vol. ii.--
[See History.]
_Naturalization._--
Vol. viii.--
Revision of laws of, 14.
_Navy._--
Vol. vi.--
Success of, 122, 211.
Vol. vii.--
Origin of, 261, 264.
Vol. viii.--
Necessity for small one, 12, 20.
_Necker, M._--
Vol. ii.--
Appointed director-general of finance in France, 471.
Vol. iii.--
Character of, 52, 53.
Popularity of, in France, 61, 62.
Dismissal of, from office, 75.
Recall of, 78, 79.
_Negroes._--
Vol. v.--
Capacity of, relative to white races, 429, 475.
Vol. viii., 381, 384.
_Netherlands._--
Vol. i.--
Insurrection in, against the Stadtholder, 73.
France promises assistance to, 73.
Difficulties in, compromised, 77.
_Neutrality._--
Vol. ii.--
The true policy of U. States, 253, 291.
Vol. viii., 25.
Obstacles to, growing out of French treaty, 223.
Vol. iii.--
Principles of, pursued by our Government relative to, 559,
561, 571, 573, 574, 582.
Our efforts to preserve neutrality, 533, 535, 542, 551, 557,
564, 569, 574, 580, 583.
Proclamation of, 543, 544.
Circumstances attending it, 591.
Invasions of our neutrality by France, 547, 558, 560, 571,
583.
Existing treaties with France, &c., and duties under, 651.
Hamilton's interference with this question, 552, 566.
It is a question belonging to State and not Treasury
Department, 556.
Government does not prohibit exportation of arms, ammunition,
&c.; but leaves them to be confiscated, if seized, 558,
560.
Punishment of our citizens for invasions of, 559, 574.
The equipment and arming of vessels in our waters, violation
of our neutrality, 559, 561, 571, 573, 586, 587, 588, 589.
Right of France and Holland, under pre-existing treaties,
to arm and equip vessels in our ports, 564.
Circumstances under which French vessels were armed and
equipped in our ports, 573.
Difficulties with French and English ministers, 585, 586.
Vol. iv.--
Efforts to preserve it, 6.
Grounds on which proclamation of, opposed, 18, 29.
Circumstances attending it, 18, 29, 30, 32.
Measures vindicating our neutrality, 18, 19, 27, 51, 55.
Violations of, by France, 27, 33, 45, 46, 55, 68.
Questions at issue between Genet and U. States, 34, 38, 41,
42, 43, 44.
Unlawful for the belligerents to arm and equip in our ports,
34.
In what cases our courts have jurisdiction over prizes,
38, 40.
Enemy's goods in neutral vessels liable to capture, 43.
Same rule extending to England as to other nations,
though no treaty with her, 57.
Violations of our neutrality by England, 59, 62.
What are the rights of neutral nations, 59.
Condition of neutrality, 61.
Difference between England and France resulting from treaty,
65.
French prizes admitted, and English excluded, by treaty, 66.
Right of vessels of belligerents to visit our ports, 66.
Territorial jurisdiction extends to the Marine League, 75,
559.
In what cases our courts make restitution of prizes, 78.
Vol. v.--
No breach of, to assist vessels in distress, 35.
Invasions of, by France and England, 217.
Frauds on our neutral flag, 223, 250.
Our resolution to side with the party that shall first
respect our neutrality, 258.
What the rights of neutral vessels, 425, 426.
Wisdom of our neutral policy, 585.
Vol. vii.--
A neutral nation may refuse both belligerents right to
pass through its territory, 509.
Vol. viii.--
Violations of our neutral territory, 47, 57.
Right of neutrals to trade with belligerents, 57.
Berlin and Milan decrees inconsistent with, 100, 103.
Violations of our neutrality, 103, 128, 129, 130, 132,
149, 151.
Vol. ix.--
Invasions of, by Genet, 152, 153.
[See Genet.]
Case of the Little Sarah, 152, 153, 158.
Our neutral obligations, 157, 161.
Case of the ship Jane, 161.
Invasions of, by England, 193.
Rights and duties of U. States relative to, under treaty
with France, 405.
Rules regulating our conduct to belligerents, 440.
Origin of principle, "Free ships make free goods," 443.
[See Privateering.
See Proclamation of Neutrality.]
_New England._--
Vol. iv.--
Character of the people of, 247.
_New Orleans._--
Vol. iv.--
Difficulties relative to right of deposit at, 454, 457, 460.
Our policy relative to, 483.
_Nicholas, Wilson C._--
Vol. v.--
Sent on special mission to France, 3.
Declines it, 5.
Jefferson wishes him to take leadership in House of
Representatives, 48.
_Notables._--
Vol. i.--
The Assembly of, 70.
Refuse to vote supplies, 70.
Make reforms in Constitution of France, 71.
Vol. ii.--
Assembly of, in France, 91, 95, 99, 119, 127, 128, 129, 131.
Organization of, 133.
Question of organization of States General referred to, 463,
511, 535.
Their decision thereon, 535, 562.
Reforms by, 257.
[See France.]
_Notes on Virginia._--
[See Virginia.]
_Nova Scotia._--
Vol. i.--
Relations of, with U. States, 488.
_Novels._--
Vol. vii.--
Evils of, 102.
_Nullification._--
Vol. iv.--
The rightful remedy, 467, 468.
(O.)
_Office._--
Vol. i.--
Question whether a citizen has right to decline office, 320.
Vol. ii.--
Rotation in, the true principle, 330.
Vol. iii., 18.
Vol. vii., 190.
Vol. iv.--
Principles on which distributed, 353, 368, 380, 391, 398,
402, 406, 451, 543.
Vol. v., 136.
Vol. viii., 114.
Jefferson refuses all offices to relations, 388.
Vol. v., 90, 498.
_Oglethorpe, Gen._--
Vol. i.--
Claim of, to lands in Georgia, 499, 500, 501.
Vol. ix., 236.
_Olive, The._--
Vol. ii.--
The culture of, in U. States, 359, 414.
Olive oil, 359.
Vol. iii.--
Culture of, in South Carolina, 471.
_Optics._--
Vol. vii.--
Views on, suggested, 258.
_Oratory._--
Vol. vii.--
Defects of modern, 347.
_Orders in Council._--
Vol. vi.--
Repeal of, 78, 117.
_Orleans, Duke of._--
Vol. iii.--
Goes over to the Tiers Etat, 62.
His character, 95.
His faction, 118.
_Orleans, New._--
Vol. v.--
Claim of, to public common, 26.
Scheme for defence of, 36, 46.
Public property at, 251.
Canal at, 288, 306, 318, 321.
Title to the Batture at, 291, 319, 518, 536, 545, 546, 548.
Vol. vi., 42.
Vol. viii., 99.
Conspiracies at, against U. States, 378.
Vol. vi.--
Battle of, 420.
_Orleans, Territory of._--
Vol. v.--
Discontents in, 29, 32.
_Orthography._--
Vol. vi.--
Improvements in, 190.
_Ossian._--
Vol. i.--
Jefferson's opinion of Ossian's poems, 199.
_Otto, M._--
Vol. i.--
Mission of, to U. States, 346.
(P.)
_Pacific Ocean._--
Vol. vi.--
American settlements on, 55, 248.
_Pagan, Thomas._--
Vol. iii.--
Memorial in his case, 308.
Answer thereto, 335.
Merits of his case, 538.
Paine, Thomas.--
Vol. ii.--
Account of his bridge, 204, 546.
Vol. iii.--
Extract from letter by, 32.
Sensation produced by his pamphlet on "The Rights of Man,",
267, 279.
Vol. vii.--
The writings of, 197.
_Panama, Isthmus of._--
Vol. ii.--
Practicability of a canal through, 325.
_Paper Money._--
[See Money.]
Vol. ix.--
An account of, 248.
Depreciation of, 254.
Redemption of, 287, 289.
_Paris._--
Vol. ii.--
Every-day life in Paris and America compared, 116.
Improvement in city of, 253.
[See France.]
_Parliament of Paris._--
Vol. ii.--
Resistance of, to the crown, 254, 255, 439.
Removal of, to Troyes, 258.
Bed of justice, 258.
[See France.]
_Parliamentary Manual._--
Vol. ix.--
Preface to, 3.
Legislative powers, 7.
Privilege, 7.
Elections, 13.
Qualifications, 13.
Quorum, 15.
Call of the House, 16.
Speaker, 16.
Address, 18.
Committees, 18.
Committee of the Whole, 19.
Examination of witnesses, 21.
Arrangement of business, 22.
Order, 23.
Order respecting papers, 24.
Order in debate, 24.
Order of the House, 29.
Petitions, 31.
Motions, 31.
Resolutions, 32.
Bills, 33.
Bills, leave to bring in, 33.
Bills, first reading of, 33.
Bills, second reading of, 34.
Bills, commitment of, 34.
Report of committee, 38.
Bills, recommitment of, 38.
Bills, report taken up, 33.
Quasi committee, 39.
Bill, second reading in the House, 41.
Reading papers, 42.
Privileged questions, 43.
Previous question, 50.
Amendments, 52.
Division of the question, 55.
Co-existing questions, 57.
Equivalent questions, 58.
The question, 59.
Bills, third reading, 60.
Division of the House, 62.
Title, 66.
Reconsideration, 68.
Bills sent to the other house, 68.
Amendments between the houses, 68.
Conferences, 70.
Messages, 73.
Assent, 75.
Journals, 76.
Adjournment, 77.
A session, 78.
Treaties, 80.
Impeachment, 82.
_Parties, Political._--
Vol. vii.--
History of, in U. States, 277, 290.
View of original Federal and Republican, 290.
Republican party becomes Federalized, 325, 342.
Necessity of, 376.
A strong monarchical party at the beginning of our
government, 390.
[See United States.]
[See Republican party.]
[See Federalists, the.]
_Passports._--
Vol. iii.--
Mode of distributing for sea vessels, 555.
To whom, and on what conditions granted, 581.
_Patents._--
Vol. v.--
Construction of the Patent law, 75.
What should be duration of, 75, 76.
_Peace._--
Vol. i.--
Ratification of, at Annapolis, 55, 56.
Debate thereon, in Congress, 56, 59.
_Pearls._--
Vol. ii.--
The manufacture of, 203.
_Pedometer._--
Vol. ii.--
Account of, 379.
_Pendleton, Edmund._--
Vol. i.--
His character, 37.
Opposed to abolition of entails, 37.
Also to abolition of Church establishment in Virginia, 39.
_Penitentiary._--
Vol. i.--
Model for Virginia Penitentiary, 46.
Question as to solitary confinement, 46, 47.
_Pennsylvania._--
Vol. i.--
Boundary between, and Virginia, 399.
Vol. iii.--
Whiskey riots in, 471.
_Perpetual Motion._--
Vol. vi.--
Views on, 83.
_Peru._--
Vol. ii.--
Insurrectionary movements in, 147.
Our sympathy with, 145.
_Peyrouse, M._--
Vol. i.--
Expedition of, 454, 602.
_Philadelphia._--
Vol. iv.--
Yellow fever at, 54, 64, 70, 74, 86.
[See Yellow Fever.]
_Phillips, Gen._--
Vol. i.--
Point of etiquette between him and Jefferson, 308.
_Philips, Josiah._--
Vol. vi.--
Case of, 439.
_Philosophy._--
Vol. vi.--
What the true, 531.
Of the ancients, 147, 277.
_Pinckney, Thomas._--
Vol. iii.--
Appointed Minister to England, 298, 321.
His letter of credence, 441.
Instructions to, 442.
_Platina._--
Vol. i.--
Uses of, 505.
_Plato._--
Vol. vi.--
Writings of, 354, 360.
_Plenary Courts._--
Vol. ii.--
Jefferson's views of, 388, 391, 438.
_Ploughs._--
Vol. iv.--
Improvement in, by Jefferson, 147, 225.
Vol. v.--
Improved model of, 313.
_Poisons._--
Vol. vi.--
Views on, 164.
_Poland._--
Vol. v.--
Views on the partition of, 603.
_Polygraph, The._--
Vol. iv.--
Description of, 572.
Vol. v.--
Value of, 17.
_Pope, The._--
Vol. ii.--
Relations between Naples and the Papal See, 454.
_Portraits._--
Vol. vi.--
Of Columbus and Americus Vespucius, 343, 373.
Of Jefferson, 344.
_Portugal._--
Vol. i.--
Treaty of commerce with, defeated, 64.
Treaty proposed again, 406, 458, 460, 492, 539, 543, 551.
Vol. ii.--
Our commercial relations with, 589.
Vol. iii.--
Establishment of mission to, 174, 175.
Health of Queen of, 359.
Her succession, 359.
Commercial relations with, 488.
_Post Office._--
Vol. i.--
Postal arrangements between U. S. and France, 410.
Infidelities of French and English Post Offices, 442.
_Post, North-Western._--
Vol. i.--
Refusal of English to surrender, 540.
Vol. iv., 95.
Vol. vii., 518.
_President._--
Vol. ii.--
Jefferson's view of question on re-eligibility of, 330.
Vol. iii., 13.
Vol. iv.--
Has no power to change place of meeting of Congress, 72.
Removal of Executive Government to Germantown, 74, 86.
Vol. v.--
Presidential tours objectionable, 102.
Not bound to obey _subpœna duces_, _tecum_, 103, 191.
Cannot present memorial to Congress from State Legislature,
203.
Candidates for Presidency in 1808, 247, 321.
Vol. vi.--
Should be elected for four years, 213.
Vol. ix.--
Ceremonies of his inauguration, 139.
_Presidency._--
Vol. iv.--
Nominations for, in 1796, 100, 116, 150, 151, 153, 154.
Equality of vote for, between Barr and Jefferson, 340, 342,
344, 345, 349, 352, 354, 369.
Vol. v.--
Candidates for, in 1808, 247, 321.
_Press._--
Vol. iv.--
Freedom of, in U. States, 21.
Vol. v., 43.
Vol. v.--
Calumnies of, 92.
License of, 362.
How far to be tolerated, 362.
Vol. viii., 43.
Vol. vi.--
Corruption of, 285.
Censorship of, not to be tolerated, 340.
_Primogeniture._--
Vol. i.--
Abolition of, in Virginia, 39, 43, 138.
_Printing._--
Vol. v.--
Extension of, in U. States, 475.
_Prisoners._--
Vol. i.--
Disposition of those taken at Saratoga, 202, 268, 276.
Case of Col. Hamilton, 231, 232, 233, 237, 258, 267.
Case of Col. Matthews, 231, 232, 233.
Jefferson's attention to Saratoga prisoners, 278.
Vol. ii.--
[See U. States.]
Redemption of our Algerine prisoners, 307, 380, 386, 464,
564.
Vol. iii., 112, 531.
Intervention of Mathurin monks in favor of, 93, 113, 270,
307, 386.
[See Barbary States.]
_Privateering._--
Vol. iii.--
Proposition to abandon, in time of war, 477.
Vol. iv.--
A merchant vessel armed for defence only, is not a privateer,
41.
Vol. vi.--
Success of our privateers, 409.
[See Law, International.]
Vol. ix.--
Equipment of French privateers in our ports prohibited, 148.
Those already equipped prohibited from leaving without
further order, 156.
[See Neutrality.]
_Prizes._--
Vol. i.--
Claim against Denmark for prize money, 461, 522.
Against France, 364, 374, 392.
_Proclamation._--
Vol. iii.--
Against whiskey riots in Pennsylvania, 471.
Vol. iv.--
Of Neutrality.
[See Neutrality.]
Vol. ix.--
Views relative to unconstitutionality of, 178, 180, 181.
_Protestants._--
Vol. ii.--
Edict of, 13.
_Prussia._--
Vol. i.--
Commercial negotiations with, 355, 368, 372, 382, 416, 469.
Bad health of King of, 586.
His death, and the effects of, in Europe, 586.
Vol. ii.--
Death of King of, 28.
Relations of, with Holland, 279, 281, 288, 289, 303, 308, 476,
488.
Vol. iv.--
Articles of treaty with, 280.
(Q.)
_Quakers._--
Vol. v.--
English affinities of, 492, 494.
Vol. vii.--
Character of, 66.
_Quarantine._--
Vol. v.--
Views on, 362.
(R.)
_Ramsay, Dr._--
Vol. ii.--
His History of U. States, 216.
_Randolph, Edmund._--
Vol. iii.--
Vacillations of, in Washington's cabinet, 569.
Vol. iv.--
Character of, 125.
_Randolph, John._--
Vol. iv.--
Relations of, to Jefferson's administration, 517.
Vol. v., 9.
_Randolph, Peyton._--
Vol. vii.--
Character of, 20.
Vol. viii.--
Biography of, 477.
_Randolph, Thomas J._--
Vol. ii.--
Education of, 245.
Vol. v.--
Advice to, 398.
_Religion._--
Vol. i.--
Bill establishing religious freedom, 45.
Vol. ii.--
Reception of, in Europe, 67.
Jefferson's views on, 237.
[See Jefferson, Thomas.]
Vol. iv.--
Jefferson's views on, 422, 525.
Vol. v., 416, 471, 492.
His views on Christianity, 475, 477, 479.
His views of Jesus, 475, 477, 481.
Fastings and Thanksgivings not proclaimed by him, 427.
Vol. v.--
President has no right to prescribe day for prayer and
fasting, 237.
Vol. vi.--
Views of J. Adams on, 150, 159, 168, 171, 172, 174,
204, 208, 251, 264, 325, 357, 473, 545, 599, 601.
Views of Jefferson on, 191, 210, 217, 302, 305, 387, 519.
The Christian system, 217, 412.
Platonic Christianity, 354.
The Jewish creed, 577.
The character of Jesus, 593.
Vol. vii.--
Jefferson's views on, 28, 61, 127, 164, 170, 185, 210, 245,
252, 257, 266, 269, 281.
System of Jesus compared with that of ancient philosophers,
138, 156, 164, 185.
Jesus as a reformer, 164.
Modern fanaticism, 170.
Religious intolerance, 396.
Vol. viii.--
Religion should be free, 113, 137, 138.
_Representation._--
Vol. vii.--
Bill apportioning, 594.
Vol. ix.--
Vetoed as unconstitutional, 115.
History of, 447.
Invasion of, by Grand Jury, 447.
_Republican Party._--
Vol. iii.--
Ascendency of, in the country, 491, 493.
Vol. iv.--
Dissensions in, 591.
Vol. v., 9, 121, 204.
Vol. v.--
Massachusetts republicanized, 14.
Vol. viii., 116.
Increase of, 450.
Importance of harmony in, 577.
[See Parties, Political.]
Vol. ix.--
The danger of, in 1800, 506.
_Republican Government._--
Vol. ii.--
Superiority of, over Monarchical, 221, 249, 253.
[See Government.]
Vol. ix.--
Danger of, in 1800, 506.
_Retrenchment._--
Vol. viii.--
Necessity of, 9.
_Revenue, Surplus._--
Vol. viii.--
How it should be disposed of, 68.
_Revolutions._--
Vol. ii.--
Jefferson's views of, 332.
_Revolution, American._--
Vol. i.--
Its early stages, 8, 9, 10, 11, 12, 13, 14, 15, 16,17, 18,
19, 20.
[See Virginia.]
Association against importing foreign goods, 197.
Outbreak at Boston, 199, 202.
Tone of colonies, 201, 203, 204.
Expedition against Canada, 203, 206.
Military movements in Virginia, 207.
Progress of the war, 211.
History of, 535.
Disasters in South, 241, 249.
False accounts of the war propagated in Europe, 207.
Vol. ii.--
History of, by M. Chas, 63.
Vol. vi.--
History of American, 489, 492.
Revolutionary men and documents, 249, 484.
Of South American States, 268, 274.
Reminiscences of, 364, 412, 484, 527.
Committees of correspondence, 527.
Vol. vii.--
Who began it, 99, 103, 121.
Circumstances attending Declaration of Independence, 122.
_Revolution, French._--
Vol. ix.--
Washington's opinion of, 110, 111.
[See France.]
_Revolutionary Debts._--
Vol. vii.--
Those due soldiers of North Carolina and Virginia, should
be paid to themselves, and not to their assignees, 469.
[See Debt, Revolutionary.]
_Revolution, French._--
Vol. ii.--
[See France.]
_Revolution._--Of South American Spanish provinces.
[See South American Provinces.]
_Reyneval, M._--
Vol. ii.--
Character of, 109.
_Rhode Island._--
Vol. iii.--
Accession of, to the Union, 146.
_Rhode Island, College of._--
Vol. ii.--
Jefferson refuses to apply to King of France for donation of
books to, 184.
_Rice._--
Vol. ii.--
Consumption of, in France, 48, 434.
Rice trade, 138, 537.
Mode of preparation, 138, 434.
The rice of Lombardy, 139.
Attempt to introduce its culture in S. Carolina, 139, 178,
347.
Difference between Carolina and Piedmont rice, 162, 178, 195.
Rice trade of France, 194, 205, 320.
Rice of Cochin China, 197.
Vol. iii.--
The rice trade of France, 110.
Vol. v.--
Upland, 393.
_Richmond, City of._--
Vol. i.--
Removal of Government to, from Williamsburg, 40.
_Riedesel, Gen._--
Vol. i.--
Detention of, in Albemarle, as prisoner of war, 240.
_Riots._--
Vol. ii.--
In Eastern States, 78, 81, 99, 104, 124, 165, 318, 322, 399.
In New York, 415.
[See France.]
_Ritchie, Thomas._--
Vol. v.--
Relations of, to Madison's Administration, 596.
_Rittenhouse, Dr._--
Vol. vi.--
Character of, 324.
_Rivanna River._--
Vol. vi.--
Navigation of, 514, 541.
_Rivers._--
Vol. v.--
Right of all nations inhabiting banks of, to navigate, 115.
Vol. vi., 541.
_Robbins' Case._--
Vol. iv.--
Account of, 323, 324.
_Rome._--
Vol. vii.--
View of people and Constitution of, 148, 150.
_Royalists._--
Vol. ix.--
The number of, in the States, 285.
_Russia._--
Vol. i.--
Relations of, with Austria and Turkey, 400.
Vol. ii.--
Relations with Turkey, 261, 263, 272, 285.
War with Turkey, 436, 441, 453, 459, 460, 465, 468, 510,
552, 553, 568.
Relations with Austria and France, 315, 344, 371.
Relations with Sweden, 453, 459, 460, 462, 476, 483, 510.
Vol. v.--
Emperor of, his character and policy, 140.
Mission to, 329, 358, 360.
Negatived by Senate, 435.
(S.)
_Safe Conduct._--
Vol. ii.--
One asked for Mr. Nesbitt, 575.
_Saints._--
Vol. vi.--
Lives of, 479.
_Say, M._--
Vol. vi.--
Contemplates emigrating to U. States, 405.
_Science._--
Vol. i.--
Discoveries in, 364, 446, 516.
Scientific views of Europe, 364.
Vol. ii., 247, 270, 429.
Vol. ii.--
Theory of vegetation, 430.
Astronomical discoveries, 429.
The Rainbow, 430.
The progress of chemistry, 431.
Vol. vii.--
Distribution of the sciences, 339.
Progress of, in France, 327.
_Science, Political._--
Vol. vi.--
Views on, 160.
_Seamen._--
Vol. v.--
Employment of foreigners in our navy, 69, 70.
_Sea Letters._--
Vol. iv.--
To whom should be granted, 566.
_Sea, The._--
Vol. ii.--
The currents of, 58.
_Secession._--
Vol. v.--
No danger of, 571.
_Senate._--
Vol. iv.--
Functions of, 107.
J. Adams's views of, 215.
_Sheep._--
Vol. v.--
Introduction of Merino breed of, 479, 522.
_Short, William._--
Vol. i.--
Appointed Jefferson's private secretary, 407, 411.
Vol. iii.--
Appointed Minister at the Hague, 322.
Salary and outfit of, 322.
Joined in the mission to Spain to negotiate for navigation
of the Mississippi River, 328.
Vol. iv.--
Recall of, from Europe, 413.
_Sinclair, Gen. Arthur._--
Vol. ix.--
Charges against, as Governor of North-West Territory, 455.
_Slavery._--
Vol. i.--
Effort to abolish, arrested by royal veto, 3.
View of different sections of U. S. on, 377.
Vol. ii.--
Jefferson's views on, 357.
Vol. iii.--
Slaves escaping from Florida restored to their masters, 195,
219.
[See Fugitives.]
Difficulties in connection with fugitive slaves, 454.
Effort to improve condition of slaves, 291.
Our slaves carried off by English at end of revolutionary
war, 387.
Vol. vi.--
How to be abolished, 456.
Vol. viii.--
Roman and American slavery compared, 384.
Effects of, on manners, 403.
Evils of, 404.
In Virginia, 380.
Vol. ix.--
American colonies not ripe for emancipation, 279.
Sentiment of different States on policy of emancipation, 290.
_Slaves._--
Vol. i.--
Their first importation into Virginia, 38.
First law prohibiting their importation, 38.
Bill relative to, 48.
Prospective emancipation proposed, but defeated, 49.
King's veto to bill abolishing, 135.
Vol. iii.--
Slaves carried off by English at end of revolutionary war,
387, 391.
Vol. iv., 96.
Vol. vii., 518.
Vol. iv.--
Policy of emancipation, 196.
Vol. vii., 58, 310.
Vol. viii., 380.
Plans of colonization, 420, 442.
Vol. vii.--
Not entitled to be represented, 36.
Amelioration of condition of, 403, 437.
Re-capture of slaves escaped to Florida, 601.
[See Fugitives.]
_Slave Trade._--
Vol. ii.--
Abolition of, 357.
Vol. viii., 67, 334.
_Societies, Democratic._--
Vol. iv.--
Opposition of Federalists to, 111, 133.
Efforts to suppress them, 111, 133.
_Society._--
Vol. viii.--
Progress of, 377.
_South American Provinces._--
Vol. v.--
Revolt of, against Spain, 584, 586, 580.
Vol. vi., 268, 274, 550.
Vol. vi.--
Independence of, recognized, 550.
Vol. vii.--
Incapable of self-government, 67, 75, 104, 210.
_Spain._--
Vol. iii.--
Presentation of case of Don Blas to court of, 138.
Independence of colonies of, 534.
Invasion of jurisdiction of U. States by, 222.
[See South American Provinces.]
Vol. iv.--
Danger of war with, 7, 8, 16, 17, 21.
Summary of our relations with, 9, 10, 11, 12, 13, 14, 15, 16.
Difficulties with, in respect to inciting the Indians against
us, 12, 13, 14.
Vol. viii., 48, 60, 62.
Vol. v.--
Our relations with, 27, 164, 181, 211, 337, 367.
Vol. vi., 550.
Vol. viii., 34, 48, 85.
Questions of navigation and boundary with, 278, 294.
Plan to seize our territory in possession of, 337, 339.
Conquest of, by Spain, 442.
Defence against French, 603.
Vol. vi.--
New Constitution of, 341.
Revolt of her South American colonies, 550.
Vol. vii.--
Treaty with, rejected, 160.
Vol. ix.--
Our relations with, and policy towards, 123.
_State Department._--
Vol. iii.--
Statement of accounts of, 482, 483, 484.
_States General._--[See France.]
_States._--
Vol. iv.--
Jefferson's views on rights of, 331, 570.
Vol. v.--
Sovereignty of, a high conservative feature in our government,
570.
Vol. ix.--
Admission of new, 251.
_Steam._--
Vol. i.--
Application of, to milling, 543.
To navigation, 543.
Vol. ii.--
Use of, as a motive power, 67, 69.
Description of new steam mill, 277.
_Steam Engines._--
Vol. iv.--
Employed to conduct water through houses, 296.
_Stevens, Dr._--
Vol. iv.--
Case of, 528.
Vol. ix., 472.
_St. Domingo._--
Vol. iii.--
Sends deputies to States General of France, 52.
They are received, 64.
Insurrection of negroes in, 303, 306, 320, 450.
[See Indies, West.]
Vol. iv.--
Condition of fugitives from, 20.
Expulsion of whites from, 20.
Assistance rendered to, by U. States, 49.
Vol. ix., 125.
Condition of the island, 251.
_Stocks, Public._--
Vol. iii.--
Depreciation of, 343, 430.
_Sugar._--
Vol. iii.--
The manufacture of, from maple, 158.
_Surveying._--
Vol. vi.--
New method of platting, 338.
(T.)
_Talleyrand._--
Vol. iv.--
Connection of, with the X Y Z affair, 436.
_Tariff._--
Vol. v.--
On wines, 76.
_Tarleton, Col._--
Vol. ii.--
Conduct of, at Charlottesville and Monticello, 425.
Vol. ix., 212, 220.
_Taylor, John._--
Vol. vii.--
Jefferson's opinion of his "Constitution Construed," 213,
216.
_Taxation._--
Vol. vi.--
Principles of, 573.
Vol. viii.--
Direct taxes should be abolished, 9, 40.
Vol. ix.--
In different States, 284.
_Taxes._--
Vol. v.--
Of U. States, how imposed, 586.
_Ternant, M._--
Vol. iii.--
Alienation of, from Jefferson, 549.
Affiliation of, to Hamilton, 549.
_Territory, North-Western._--
Vol. i.--
Right of Va. to, controverted, 315.
_Terrorism._--
Vol. vi.--
The era of, 155.
_Texas._--
Vol. vi.--
Included in the Louisiana purchase, 551.
_Theatre._--
Vol. ii.--
Establishment of one at Richmond, Virginia, 346.
_Theological Societies._--
Vol. vi.--
Should not be incorporated, 533.
_Timber._--
Vol. i.--
American ship timber, 488.
_Tobacco._--
Vol. i.--
Shipments of, to England, 488.
Trade in, with France, 343, 362, 515, 547, 561, 563, 577,
600.
Vol. ii.--
Trade in, to France a monopoly in hands of Farmers General,
14, 70, 89, 183, 186, 193.
Vol. ix., 232, 242.
Tobacco trade of France, 320, 333.
[See Farmers General.]
_Tombigbee._--
Vol. v.--
Memorial from, 141.
_Torpedoes._--
Vol. v.--
Invention of, by Fulton, 165, 516.
_Tracy, Destutt._--
Vol. vi.--
Works of, 109.
Vol. vii., 38, 35.
Prospectus to his works, 568.
_Travelling._--
Vol. ix.--
Directions relative to, 403.
_Treasury._--
Vol. i.--
State of our European finances, 450.
Vol. ii.--
Funds of U. States in hands of Mr. Grand, 2.
Vol. iv.--
Financial reforms in, 428, 430.
_Treaties._--
Vol. iii.--
Paramount to State laws, 402, 403, 404, 405, 406.
Vol. iv.--
Our policy in relation to, 552.
The unpopularity of Jay's treaty, 120.
Power of House of Representatives over, 125, 134, 135.
Passage of Jay's treaty, 148.
Vol. vi.--
With European nations, 453.
[See Commerce.]
Power of Senate over, 557.
Vol. ix.--
Where money is required, lower house must be consulted, 106,
114, 190.
Whether the national domain can be alienated by treaty, 135,
137.
Effect of French revolution on treaties with France, 142,
143.
Hamilton's opinion of Jay's treaty, 186.
Principles embodied in first treaties with European powers,
226.
Fidelity of U. States to her treaties, 235, 239.
_Troops._--
Vol. i.--
Virginia troops in continental service, 235.
Continental troops, 235.
_Trumbull, Mr._--
Vol. ii.--
The paintings of, 10.
_Truxton, Commodore._--
Vol. v.--
Medal for, 300.
_Turkey._--
Vol. i.--
Relations of, with Austria and Russia, 400.
Vol. ii.--
Relations of, with Russia, 262, 263, 272, 288.
War with Russia, 436, 441, 453, 459, 460, 462, 468, 510,
533, 552, 568.
Relations with Austria, 392, 396, 510, 531, 552.
[See Europe.]
_Turkey, The._--
Vol. iv.--
A native of America, 346.
(U.)
_United States._--
Vol. i.--[See Colonies.]--
Imperfection of Articles of Confederation, 78.
They require remodelling, 78.
Views of U. S. prevalent in Europe, 407, 413.
Account of public affairs in 1785, A. D., 423.
English calumnies against, 427.
Bad reputation of, in Europe, 513.
Extravagance of people of, 550.
Summary of news from, at different times, 349.
Vol. ii.--
Habits of people in 1786, 13.
Current events, 19, 21, 148, 574.
Climate of, 82.
Extravagance of people of, 191, 193, 215, 219.
The instalment laws of, 216.
Minister to, 227, 274.
Histories of, 256.
Coinage of, 101.
Money unit of, 52.
Paper money of, how redeemed, 52.
Public debt of--
[See Debt.]
Vol. iii.--
Supply of corn from, for France, 66, 67, 68, 119, 122.
Credit of, in Holland, 114.
Division of parties in, 209, 363, 494, 495, 557.
Invasion of our jurisdiction by Spain, 222.
Prosperity of, 260.
Gambling, stock jobbing and speculating mania abroad in, 285.
Condition of political parties, 361.
The Federalists, their views, strength and conduct, 450, 503,
548.
[See Federalists.]
Vol. iv.--
Excess of party spirit in, 176, 178, 184, 191, 241, 247, 286.
[See Parties.]
Danger of war with France, 178, 181, 183, 187.
State of parties in, 179, 184, 206, 224, 234, 246.
Preparations for war, 183, 185, 241.
Political complexion of different sections of U. S., 186, 246.
Importance of peace to, 187.
State of parties on question of war with France, 189, 190,
222, 227, 229, 239.
Majority against war, 190, 192, 210.
Our true policy in our Foreign relations, 191, 414.
Proceedings in Congress, 205, 208, 210, 211, 237.
Political condition of, 256, 259, 265, 271, 281, 287, 295,
297, 300, 322, 328, 330.
Financial condition of, in 1798, 264, 277, 284.
Increase of Republican party, 288, 414, 437, 488.
[See Republican Party.]
Consolidation of Republicans and moderate Federalists,
under Jefferson, 366, 367, 370, 378, 381, 382, 386, 389,
406, 437, 523, 542.
The political revolution of 1800, 373, 375, 376, 390, 425,
440, 467.
Vol. v., 256.
Relations with England and France, 586.
Vol. v.--
Condition of parties in Senate and House of Representatives,
5.
Relations with England, 12.
Conduct of, in relations with European powers, 472.
Prosperity of, 604.
Vol. vi.--
Social condition of, compared with that of England, 376.
Relations of, with Europe, 13, 430.
[See Europe.]
Survey and census of, 548.
Vol. vii.--
True policy of, 6.
Animosity to England growing out of last war, 22.
Relations of, with European Powers, 288.
Relations of, with England, 22.
Danger of dissolution of Union, 182.
Should disconnect their policy from that of Europe, 183, 315.
Dangers which threaten them, 211, 214.
Vol. viii.--
Treasonable combinations against it, 90, 95.
Vol. ix.--
Capacities of, for population, 275.
Taxes in different States, 284.
Treasonable schemes against, 200, 201.
Policy of, in war between Spain and England, 419.
_Universities._--
Vol. i.--
Relative merits of Universities of Rome and Geneva, 466.
_University of Virginia._--
Vol. iv.--
Foundation of, 313, 316, 462.
Vol. vi.--
Establishment of, 294, 371.
What Chairs should be established, 389.
Organization of, 537.
Vol. vii., 81, 161, 173, 196, 329, 392, 441.
Vol. vii.--
Religious objections to appointment of Dr. Cooper in, 156,
162, 171.
Difficulties surrounding, 201, 204, 237, 392.
Necessity for a Southern University, 205.
Arrangement for religious worship, 267.
Students allowed to select tickets, 300.
Difficulties of discipline, 301.
Progress of, 309.
Selection of Professors for, 348.
Inculcation of Federal doctrines in, should be guarded
against, 397.
Necessity for an Anatomical Hall, 393, 398.
Appointment of Foreign Professors, 415.
Library of, 432.
Establishment of school of Botany, 438, 441.
(V.)
_Vander Kemp._--
Vol. vii.--
History of, 29.
_Vergennes, Count de._--
Vol. vi.--
Conference between him and Jefferson, 576.
Vol. ii.--
View of his character, 108.
His ill health, 113.
His death, 122.
_Vermont._--
Vol. ix.--
Admission of, into Union, probable, 280.
_Veterinary College._--
Vol. v.--
Policy of establishing one, 402.
_Vice-Presidency._--
Vol. ii.--
Candidates for the first, 465, 490, 573.
_Vincennes._--
Vol. v.--
Loyalty of French inhabitants of, 240, 243.
_Virginia._--
Vol. i.--
Abolition of entails in, 37, 138.
Primogeniture, 39, 43, 138.
Church establishment, 27, 38, 39, 174.
Revision of code of, 43, 45, 146.
Vol. ii., 6.
History of, by Girardin, 50.
Right of Virginia to Western territory, controverted, 315.
Boundary between Virginia and Pennsylvania, 399.
Her militia in Southern army, 249, 250, 256, 266, 285.
Her supplies for Southern army, 243, 244, 245, 246, 247,
248, 249, 250, 251, 252, 253, 254, 256, 260, 262, 263,
273, 274, 285, 288, 302, 304.
Model of Capitol of Virginia, 432, 434, 578.
Notes of Virginia, 6, 297, 340, 464, 578, 531, 536.
Supplies of arms for, from France, 570, 600.
Invasion of Virginia, 265, 266, 267, 269, 270, 271, 273,
274, 275, 278, 282, 284, 288, 290, 291, 304, 306.
[See Burgesses, Virginia House of.]
Vol. ix., 212, 270.
Vol. ii.--
Jefferson's notes on, 6.
Circumstances of their publication, 170, 180.
Revisal of code of, 6.
Vol. v., 459.
The sea breezes on her coast, 54.
Arms and ammunition for, 215.
Vol. iii.--
Whether her first constitution was repealable by an
ordinary legislature, 202.
Destruction of her records in 1781, 258.
Jefferson's views of new constitution for, 314.
Vol. iv.--
Profits of agriculture in, 1.
Height of mountains of, 147.
Vol. vi., 495.
Vol. viii., 263, 265.
Proposition for State convention in, 199.
Collection of statutes of, 128.
Vol. v., 31.
Loss of public documents of, 129.
Alterations in Notes on Virginia, 564.
Vol. v.--
Defence of sea boundary against English in 1807, 113, 117,
123, 131, 134, 139, 150, 166.
Her exertions in Revolutionary war, 461.
Vol. vi.--
Relative powers of governor and council, 38.
Aristocracy of, 225, 485.
New edition of Notes on Virginia contemplated, but not
executed, 403.
Invasion of, by Arnold and Cornwallis, 410.
Vol. ix., 212, 220.
Patrick Henry's resolutions, 485.
Survey of, 578.
Vol. vii.--
Programme of new Constitution for, 9.
Arnold's invasion of, 144, 444.
Vol. ix., 212, 220.
Historical documents of, 312.
Her first Constitution, 344.
Defects in, 345.
Authorship of Bill of Rights and Constitution of, 405, 407.
Vol. viii.--
Boundaries of, 249.
Rivers of, 250.
Mountains of, 263.
Their height, 265.
Scenery at Harper's Ferry, 264, 429.
Cascades and caverns of, 266.
Natural bridge, 269.
Mines, minerals, trees and plants, 270.
Mineral springs of, 279.
Mammoth, 286.
Whether animals degenerate in America, 290, 297, 300, 431,
432.
Whether man degenerates in America, 303, 313.
The fish of, 319.
Climate of, 320.
Winds of, 323.
Changes in climate, 327.
Population of, 328.
Immigration not desirable, 330.
Militia and regular troops of, 334.
Marine of, 336.
Indians in, 336, 434.
Logan's speech, 309, 457.
Indian burial places, 341, 440.
Counties, cities, townships and villages of, 350.
Charters of, 352.
Oppressions of George III., 358.
First Constitution of, 359.
Convention of 1776 not authorized to make a Constitution,
363.
Proposition to appoint a Dictator, 368.
Judicial system of, 372.
The laws of, 374.
Land laws, 378.
Negro slavery in, 380.
Bill proportioning crimes and punishments, 387.
School system of, 386.
Colleges, public establishments, roads, &c., 391.
Public buildings of, 394.
Architecture of, 394.
Dwelling houses of, 395.
Property of Tories and English how far respected during
Revolution, 397.
Religious sects of, 398.
Heresy punished, 399.
Free inquiry, 400.
Religious tolerance, 400.
Manners, customs, &c., of Virginians, 403.
Commerce and manufactures of, 404.
Exports and imports of, 406.
Wheat and tobacco culture compared, 407.
Horses of, 408.
Copy of a Constitution submitted in 1783, 409.
Weights, coins, and measures of, 409.
Public income and expenses, 410.
Means of defence, 413.
Histories of, 415.
Vol. ix.--
Contributions of, to Revolutionary war, 261.
First Constitution of, 283.
Her cessions of territory to General Government, 285.
Answer to Lord North's conciliatory propositions, 302.
Jefferson's diary of invasion of in 1780, 212, 220.
Losses of public by invasion, 214.
Censures of Jefferson on account of, 215.
Tarleton's effort to surprise Legislature at Charlottesville,
219, 223.
Delays of courts in, before Revolution, 240.
Since Revolution, 240.
Reasons for the delay in the recovery of British debts, 240.
Course of England relative to slaves captured in the war,
240.
Debt due to British merchants in, 250.
First Constitution of, revocable by the Legislature, 252.
Account of Capitol of, 446.
[See Jefferson, Thomas.]
_Volunteers._--
Vol. v.--
Relative to, 33, 51, 153, 158, 179, 423.
Construction of law relative to, 159.
Offers of, 408, 414, 423.
(W.)
_War._--
Vol. ii.--
Effect of European war on U. States, 252.
Vol. iii.--
What amounts to levying war, 256.
Vol. iv.--
Preparations for, 279, 283, 285, 290, 291, 299, 323.
Vol. viii., 86.
Public opinion in relation to, 279, 295, 300.
War policy of J. Adams' administration, 290, 291, 298.
War unavoidable in Europe, 491.
Danger of war with France, 181, 183, 184, 185, 189, 233,
265, 277.
Vol. v.--
Prospect of, 214, 215, 437.
Preparations for, 58, 280, 283, 506.
Feeling of Eastern States relative to, 488, 607.
Jefferson opposed to, 598.
[See France and England.]
Vol. vi.--
With England inevitable, 51, 57, 91, 215.
Vol. viii., 151, 152, 153, 154, 155, 156, 157, 158, 159,
160, 161, 162.
Efforts to avoid, 215.
Declared against England, 67, 215.
Causes for which declared, 398, 452, 481, 470.
Benefits resulting from, 444, 452.
Popularity of, and means of maintaining, 70, 391, 394.
Progress and history of, 76, 77, 81, 100, 128, 211, 275,
307, 385, 408, 418, 423, 438.
Opposition in New England, 79, 213.
Defection of Massachusetts, 402, 414, 451.
Hull's surrender, 80, 83.
Financial arrangements to meet expenses of, 137, 391, 395,
406, 408, 419.
Prospects of termination of, 353.
Purposes for which waged, 391, 394, 403, 452.
Internal effects produced by, 390.
Peace declared, 420, 426, 428, 438, 450.
Successful termination of, 453, 466.
Upon what principles war is justifiable, 539.
Vol. vii.--
Benefits of the last war, 66.
Vol. viii.--
Defensive works, 111.
_War, Revolutionary._--
Vol. ix.--
Cost of, 260.
Valor of our soldiers, 261.
Treatment by British of American prisoners, 277.
Effects of foreign aid in, 298.
The defence of New York, 298.
Barbarous manner in which waged by English, 300.
_Wards._--
Vol. vii.--
Counties should be divided into, 35.
_Washington, Gen._--
Vol. i.--
Expression of Jefferson's esteem for, 326.
Houdon's statue of, 513, 533.
Vol. ii., 250.
Vol. ii.--
Vast popularity of, 465.
Jefferson's opinion of, 587.
Looked to as first President, 465, 587.
Vol. iii.--
Elected first President, 21.
Letter to, from Jefferson on the occasion, 30.
His health, 133, 166, 579.
His pure republicanism, 224.
Vol. ix., 96, 167, 478.
His visit to Southern States, 245.
Equestrian statue of, proposed, 347.
Letter from Jefferson, urging him to serve a second term,
360.
Reasons urged in favor of it, 360, 361, 362, 364.
Dissensions in his cabinet, 460.
His proclamation against Pennsylvania riots, 471.
Attacks upon him in newspapers, 579.
Vol. iv.--
Monument to, 82.
Influence of Federalists over, 139, 140, 141.
His influence in the country, 169.
His relations with Jefferson, 142, 171.
Vol. vii., 364, 370.
Cost of Houdon's statue of, 310.
Monuments to great men while living, objectionable, 335.
Vol. v.--
Mode of doing business in his Cabinet, 510.
Vol. vi.--
His political principles, 97.
Adams' view of Administration, 157.
A sketch of his character, by Jefferson, 285, 286.
Statue of, for N. Carolina, 534.
Vol. vii.--
Authorship of Farewell Address, 291.
No unkind feeling between him and Jefferson on account of
Mazzei letter, 364, 370.
Forms and ceremonies adopted during his administration, 367.
Was a true Republican, 371.
Vol. ix.--
His Federal tendencies, 99.
His purpose to retire from office, 102, 116, 121, 157.
His views of French Revolution, 110.
Efforts to alienate him from Republicans, 160.
His restlessness under assaults upon him, 264.
Whether a Christian or not, 198.
Did not wish to perpetuate his power, 478.
In favor of abolishing Society of Cincinnati, 478.
_Washington City._--
Vol. iii.--
[See Capitol, Federal.]--
Survey and map of, 221.
Laying off the city, 236, 297, 301, 336.
Vol. ix., 434.
Reservation of public grounds, 238.
Proposition to build a whole street, 300.
Sale of lots, 301.
Plan for Capitol and President's house, 337, 507.
Dr. Thornton's model of Capitol approved, 508.
Vol. iv.--
Removal of Government to, 201.
Vol. v.--
Improvement of, 50.
Vol. vi.--
Attack on, by English, 424.
Vol. vii.--
The location of, 512, 561.
_Waste._--
Vol. iii.--
The law of, 452.
_Water._--
Vol. vii.--
Report on method of obtaining fresh water from salt, 455.
[See Distillation.]
_Waterhouse, Dr._--
Vol. v.--
Appointment of, to Marine Hospital, 222.
_Weather._--
Vol. iv.--
The extreme cold of winter of 1776-7, 157.
[See Climate.]
[See Virginia.]
_Weights and Measures._--
Vol. iii.--
Standard of, for U. States, 149, 150, 157, 161, 171, 496.
Vol. vi., 11, 17, 26.
Vol. vii., 87.
Vol. v.--
Improvements in, proposed, 235, 377.
Vol. vii.--
Report on, 476.
[See Measures.]
_Western Country._--
Vol. i.--
Division of, into States, 587.
Vol. ii.--
Antiquities of, 176.
Danger of separation from the East, 106, 153, 395.
Our policy towards, 395.
Vol. iv.--
Exploration of, by Capt. Lewis, 470, 492, 516, 540.
Vol. viii., 66.
Exploration of Red River, 577.
[See Lewis, Meriwether.]
Vol. ix.--
Instructions for exploration of, 434.
_West Indies._--
Vol. ii.--
Our commerce with, 536.
[See Indies, West.]
[See Insurrection.]
_West Point._--
Vol. v.--
Complaints of cadets, 332.
Vol. viii.--
Enlargement of, proposed, 101.
Vol. ix.--
Establishment of, proposed, 182, 183.
_Western Road._--
Vol. v.--
Route of, 332, 333.
_Whale Fishery._--
Vol. ii.--
Views on, by Jefferson, 516.
Vol. iii.--
Of England, 112.
_Whiskey._--
Vol. vii.--
Evils of cheapness of, 285.
[See Riots.]
[See Pennsylvania.]
_Wilkinson, Gen._--
Vol. vi.--
Relations of, with Jefferson, 34.
_William and Mary College._--
Vol. i.--
Character of, 48.
Change in organization of, 50.
Vol. ii.--
Great ability of faculty of, 428.
Vol. vii.--
Its foundation, 328.
Proposition to consolidate it with University, 350, 384.
Proposition to remove it to Richmond, 350, 384.
Its charter is under the power of the Legislature, 350, 384.
Vol. viii.--
History of, 391.
_Williamsburg._--
Vol. i.--
Removal of seat of government from, to Richmond, 40.
_Wills._--
Vol. ii.--
Construction of G. Harmer's will, 242.
_Winds._--
Vol. iv.--
Observations on, 159.
_Wines._--
Vol. iii.--
Mazzei's experiment at manufacturing, in Virginia, 251, 284.
Vol. vii.--
Use of, beneficial, 110.
_Wilson, Mr._--
Vol. i.--
His views of articles of confederation, 35.
_Wirt, William._--
Vol. v.--
Urged by Jefferson to become candidate for Congress, 233.
_Writing Machine._--
Vol. ii.--
A new invention, 110.
_Wyoming._--
Vol. ii.--
Account of the massacre at, 102, 114.
_Wythe, George._--
Vol. i.--
Character of, 41.
Biography of, 111.
(Y.)
_Yazoo._--
Vol. iii.--
Account of the Yazoo claims, 251, 281.
_Yellow Fever._--
Vol. iv.--
Ravages of, at Philadelphia, 54, 64, 70, 74, 86.
Nature of, 570.
[See Philadelphia.]
_Yorktown._--
Vol. i.--
Battle of, 314.
Jefferson's congratulations to Washington thereon, 314.
*** End of this LibraryBlog Digital Book "The Writings of Thomas Jefferson Vol. IX. (of 9) - Being His Autobiography, Correspondence, Reports, Messages, - Addresses, and Other Writings, Official and Private" ***
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