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Томас Джефферсон
The Writings of Thomas Jefferson, Vol. 2 (of 9)

TO MR. JAMES MAURY

Paris, November 13, 1787.

Dear Sir,—I received your favor of October 25, the day before yesterday only. It would be needless for me, therefore, to add to what you already know on the subject of peace and war. The principal minister here is so intent on domestic improvements, and on peace, as necessary to give leisure for them, that it will not be his fault, if it be disturbed again. It will be equally unnecessary for me to give you a formal attestation of your being a citizen of the United States. Should any occasion for it arise hereafter, I shall be always ready to certify it. With respect to tobacco, the contract with Mr. Morris and the order of Berni cease with this year. I am obtaining an arrangement for the five years which yet remain of the present lease to the Farmers General, by which they will be obliged to take all the tobacco for which they shall have occasion from America, except about one-fifth northern, which they represent as necessary. They will be obliged to take only such as comes directly from America, without having touched at any European port in French or American bottoms, and to make the purchase in France. It will be particularly watched that they purchase not a single hogshead in England. By this I hope to have completely effected the diverting so much of the tobacco trade as amounts to their own consumption from England to France. I am glad to find, also, by your letter, that this operation will have the effect to raise the price of this commodity at the English market. 24,000 hogheads of tobacco a year, less at that market than heretofore, must produce some change, and it could not be for the worse. The order to the farmers will name only 14,000 hogheads a year, but it is certain they must extend it themselves nearly or quite to 24,000, as their consumption is near 30,000. I am endeavoring to bring hither also, directly, the rice of America, consumed in this country. At present they buy it from London. I am of opinion they could consume the whole of what is made in America, especially if the rice States will introduce the culture of the Piedmont and Egyptian rices also, both of which qualities are demanded here in concurrence with that of Carolina. I have procured for them the seed from Egypt and Piedmont. The indulgences given to American whale oil will ensure its coming here directly. In general, I am in hopes to ensure here the transportation of all our commodities which come to this country in American and French bottoms exclusively, which will countervail the effect of the British navigation act on our carrying business. The returns in French instead of English manufactures, will take place by degrees. Supposing that these details cannot but be agreeable to you as a merchant and as an American, I trouble you with them; being with much sincerity, and on all occasions, dear Sir, your friend and servant.

TO MONSIEUR DUMAS

Paris, December 9, 1787.

Sir,—Your letter of November 27, showing that mine of November 14, had not then got to hand, had given me alarm for its fate, and I had sat down to write you a second acknowledgment of the receipt of your two favors of October 23 and 26, and to add the receipt, also, of those of November 14, 22 and 27. A copy of my answer of November 14 was prepared to be enclosed to you, but in that moment came your favors of November 30, December 2d and 4th, by which I perceived that the original had at length got safe to hand. By that you have seen all that interference, direct or indirect, on the part of Mr. Adams and myself in the business you had done me the honor to suggest, would be improper. Your despatches for Mr. Jay shall go with mine in the packet of this month. These will bring the matter into the view of Congress. In the meantime I think it would be well to avoid exciting at Brussels or anywhere else the least expectation thereon, because it is impossible for us to know what that body may, in its wisdom and with all circumstances under its eye, decide should be done. They had, in the year 1784, made up their minds as to the system of commercial principles they wished to pursue. These were very free. They proposed them to all the powers of Europe. All declined except Prussia. To this general opposition they may now find it necessary to present a very different general system to which their treaties will form cases of exception, and they may wish to lessen rather than multiply those cases of exception. Add to this, that it is in contemplation to change the organization of the federal government, and they may think it better to leave the system of foreign connection to be formed by those who are to pursue it. I only mention these as possible considerations, without pretending to know the sentiments of that honorable body, or any one of its members on the subject; and to show that no expectations should be raised which might embarrass them or embroil ourselves. The proposed change of government seems to be the proper topic to urge as the reason why Congress may not at this moment choose to be forming new treaties. Should they choose it, on the other hand, the reserve of those who act for them, while uninstructed, cannot do injury.

I find the expectation very general that the present peace will be of short duration. There are circumstances in favor of this opinion, there are others against it. Certain it is that this country is in a state so unprepared as to excite astonishment. After the last war, she seems to have reposed on her laurels, in confidence that no power would venture to disturb that repose.

It is presumable her present ministry will prepare to vindicate their nation and their friends. The late events have kindled a fire, which, though smothered of necessity for the present moment, will probably never be quenched but by signal revenge. Individuals will, in the meantime, have incurred sufferings which that may not repair. That yours may be lessened for the present, and relieved in future, is the sincere wish of him who has the honor to be, with sentiments of great esteem and regard, Sir, your most obedient, and most humble servant.

TO WILLIAM CARMICHAEL

Paris, December 11, 1787.

Dear Sir,—I am later in acknowledging the receipt of your favors of October the 15th, and November the 5th and 15th, because we have been long expecting a packet, which I hoped would bring communications worth detailing to you; and she arrived only a few days ago, after a very long passage indeed. I am very sorry you have not been able to make out the cypher of my letter of September the 25th, because it contained things which I wished you to know at that time. They have lost now a part of their merit; but still, I wish you could decipher them, as there remains a part, which it might yet be agreeable to you to understand. I have examined the cypher from which it was written. It is precisely a copy of those given to Messrs. Barclay and Lambe. In order that you may examine whether yours corresponds, I will now translate into cypher the three first lines of my letter of June the 14th.

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This will serve to show whether your cypher corresponds with mine, as well as my manner of using it. But I shall not use it in future, till I know from you the result of your re-examination of it. I have the honor now, to return you the letter you had been so good as to enclose to me. About the same time of Liston's conversation with you, similar ones were held with me by Mr. Eden. He particularly questioned me on the effect of our treaty with France, in the case of a war, and what might be our dispositions. I told him without hesitation, that our treaty obliged us to receive the armed vessels of France, with their prizes, into our ports, and to refuse the admission of prizes made on her by her enemies; that there was a clause by which we guaranteed to France her American possessions, and which might, perhaps, force us into the war, if these were attacked. "Then it will be war," said he, "for they will assuredly be attacked." I added, that our dispositions would be to be neutral, and that I thought it the interest of both those powers that we should be so, because it would relieve both from all anxiety as to the feeding their West India islands, and England would, moreover, avoid a heavy land war on our continent, which would cripple all her proceedings elsewhere. He expected these sentiments from me personally, and he knew them to be analogous to those of our country. We had often before had occasions of knowing each other: his peculiar bitterness towards us had sufficiently appeared, and I had never concealed from him, that I considered the British as our natural enemies, and as the only nation on earth who wished us ill from the bottom of their souls. And I am satisfied, that were our continent to be swallowed up by the ocean, Great Britain would be in a bonfire from one end to the other. Mr. Adams, as you know, has asked his recall. This has been granted, and Colonel Smith is to return too; Congress having determined to put an end to their commission at that court. I suspect and hope they will make no new appointment.

Our new constitution is powerfully attacked in the American newspapers. The objections are, that its effect would be to form the thirteen States into one; that, proposing to melt all down into one general government, they have fenced the people by no declaration of rights; they have not renounced the power of keeping a standing army; they have not secured the liberty of the press; they have reserved the power of abolishing trials by jury in civil cases; they have proposed that the laws of the federal legislatures, shall be paramount to the laws and constitutions of the States; they have abandoned rotation in office; and particularly, their President may be re-elected from four years to four years, for life, so as to render him a King for life, like a King of Poland; and they have not given him either the check or aid of a council. To these they add calculations of expense, &c., &c., to frighten the people. You will perceive that these objections are serious, and some of them not without foundation. The constitution, however, has been received with a very general enthusiasm, and as far as can be judged from external demonstrations, the bulk of the people are eager to adopt it. In the eastern States, the printers will print nothing against it, unless the writer subscribes his name. Massachusetts and Connecticut have called conventions in January, to consider of it. In New York, there is a division. The Governor (Clinton) is known to be hostile to it. Jersey, it is thought, will certainly accept it. Pennsylvania is divided; and all the bitterness of her factions has been kindled anew on it. But the party in favor of it is strongest, both in and out of the legislature. This is the party anciently of Morris, Wilson, &c. Delaware will do what Pennsylvania shall do. Maryland is thought favorable to it; yet it is supposed Chase and Paca will oppose it. As to Virginia, two of her Delegates, in the first place, refused to sign it. These were Randolph, the Governor, and George Mason. Besides these, Henry, Harrison, Nelson, and the Lees, are against it. General Washington will be for it, but it is not in his character to exert himself much in the case. Madison will be its main pillar; but though an immensely powerful one, it is questionable whether he can bear the weight of such a host. So that the presumption is, that Virginia will reject it. We know nothing of the dispositions of the States south of this. Should it fall through, as is possible, notwithstanding the enthusiasm with which it was received in the first moment, it is probable that Congress will propose, that the objections which the people shall make to it being once known, another convention shall be assembled, to adopt the improvements generally acceptable, and omit those found disagreeable. In this way, union may be produced under a happy constitution, and one which shall not be too energetic, as are the constitutions of Europe. I give you these details, because, possibly, you may not have received them all. The sale of our western lands is immensely successful. Five millions of acres have been sold at private sale, for a dollar an acre, in certificates, and at the public sales, some of them had sold as high as two dollars and forty cents the acre. The sales had not been begun two months. By these means, taxes, &c., our domestic debt, originally twenty-eight millions of dollars, was reduced, by the 1st day of last October, to twelve millions, and they were then in treaty for two millions of acres more, at a dollar, private sale. Our domestic debt will thus be soon paid off, and that done, the sales will go on for money, at a cheaper rate, no doubt, for the payment of our foreign debt. The petite guerre always waged by the Indians, seems not to abate the ardor of purchase or emigration. Kentucky is now counted at sixty thousand. Frankland is also growing fast.

I have been told, that the cutting through the Isthmus of Panama, which the world has so often wished, and supposed practicable, has at times been thought of by the government of Spain, and that they once proceeded so far, as to have a survey and examination made of the ground; but that the result was, either impracticability or too great difficulty. Probably the Count de Campomanes, or Don Ulloa, can give you information on this head. I should be exceedingly pleased to get as minute details as possible on it, and even copies of the survey, report, &c., if they could be obtained at a moderate expense. I take the liberty of asking your assistance in this.

I have the honor to be, with very great respect and esteem, Sir, your most obedient, and most humble servant.

TO JOHN ADAMS

Paris, December 12, 1787.

Dear Sir,—In the month of July, I received from Fiseaux & Co. of Amsterdam, a letter notifying me that the principal of their loan to the United States would become due the first day of January. I answered them, that I had neither powers nor information on the subject, but would transmit their letter to the board of treasury. I did so, by the packet which sailed from Havre, August the 10th. The earliest answer possible, would have been by the packet which arrived at Havre three or four days ago. But by her I do not receive the scrip of a pen from anybody. This makes me suppose, that my letters are committed to Paul Jones, who was to sail a week after the departure of the packet; and that possibly, he may be the bearer of orders from the treasury, to repay Fiseaux's loan with the money you borrowed. But it is also possible, he may bring no order on the subject. The slowness with which measures are adopted on our side the water, does not permit us to count on punctual answers; but, on the contrary, renders it necessary for us to suppose, in the present case, that no orders will arrive in time, and to consider whether anything, and what, should be done? As it may be found expedient to transfer all our foreign debts to Holland, by borrowing there, and as it may always be prudent to preserve a good credit in that country, because we may be forced into wars, whether we will or not, I should suppose it very imprudent to suffer our credit to be annihilated, for so small a sum as fifty-one thousand guilders. The injury will be greater, too, in proportion to the smallness of the sum; for they will ask, "How can a people be trusted for large sums, who break their faith for such small ones?" You know best what effect it will have on the minds of the money lenders of that country, should we fail in this payment. You know best, also, whether it is practicable and prudent for us, to have this debt paid without orders. I refer the matter, therefore, wholly to your consideration, willing to participate with you in any risk and any responsibility which may arise. I think it one of those cases, where it is a duty to risk one's self. You will perceive, by the enclosed, the necessity of an immediate answer, and that, if you think anything can and should be done, all the necessary authorities from you should accompany your letter. In the meantime, should I receive any orders from the treasury by Paul Jones, I will pursue them, and consider whatever you shall have proposed or done, as non avenue.

I am, with much affection, dear Sir, your most obedient, and most humble servant.

TO JAMES MADISON

Paris, December 20, 1787.

Dear Sir,—My last to you was of October the 8th, by the Count de Moustier. Yours of July the 18th, September the 6th and October the 24th, were successively received, yesterday, the day before, and three or four days before that. I have only had time to read the letters; the printed papers communicated with them, however interesting, being obliged to lie over till I finish my despatches for the packet, which despatches must go from hence the day after to-morrow. I have much to thank you for; first and most for the cyphered paragraph respecting myself. These little informations are very material towards forming my own decisions. I would be glad even to know, when any individual member thinks I have gone wrong in any instance. If I know myself, it would not excite ill blood in me, while it would assist to guide my conduct, perhaps to justify it, and to keep me to my duty, alert. I must thank you too, for the information in Thomas Burke's case; though you will have found by a subsequent letter, that I have asked of you a further investigation of that matter. It is to gratify the lady who is at the head of the convent wherein my daughters are, and who, by her attachment and attention to them, lays me under great obligations. I shall hope, therefore, still to receive from you the result of all the further inquiries my second letter had asked. The parcel of rice which you informed me had miscarried, accompanied my letter to the Delegates of South Carolina. Mr. Bourgoin was to be the bearer of both, and both were delivered together into the hands of his relation here, who introduced him to me, and who, at a subsequent moment, undertook to convey them to Mr. Bourgoin. This person was an engraver, particularly recommended to Dr. Franklin and Mr. Hopkinson. Perhaps he may have mislaid the little parcel of rice among his baggage. I am much pleased that the sale of western lands is so successful. I hope they will absorb all the certificates of our domestic debt speedily, in the first place, and that then, offered for cash, they will do the same by our foreign ones.

The season admitting only of operations in the cabinet, and these being in a great measure secret, I have little to fill a letter. I will therefore make up the deficiency, by adding a few words on the constitution proposed by our convention.

I like much the general idea of framing a government, which should go on of itself, peaceably, without needing continual recurrence to the State legislatures. I like the organization of the government into legislative, judiciary and executive. I like the power given the legislature to levy taxes, and for that reason solely, I approve of the greater House being chosen by the people directly. For though I think a House so chosen, will be very far inferior to the present Congress, will be very illy qualified to legislate for the Union, for foreign nations, &c., yet this evil does not weigh against the good, of preserving inviolate the fundamental principle, that the people are not to be taxed but by representatives chosen immediately by themselves. I am captivated by the compromise of the opposite claims of the great and little States, of the latter to equal, and the former to proportional influence. I am much pleased too, with the substitution of the method of voting by person, instead of that of voting by States; and I like the negative given to the Executive, conjointly with a third of either House; though I should have liked it better, had the judiciary been associated for that purpose, or invested separately with a similar power. There are other good things of less moment. I will now tell you what I do not like. First, the omission of a bill of rights, providing clearly, and without the aid of sophism, for freedom of religion, freedom of the press, protection against standing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land, and not by the laws of nations. To say, as Mr. Wilson does, that a bill of rights was not necessary, because all is reserved in the case of the general government which is not given, while in the particular ones, all is given which is not reserved, might do for the audience to which it was addressed; but it is surely a gratis dictum, the reverse of which might just as well be said; and it is opposed by strong inferences from the body of the instrument, as well as from the omission of the cause of our present Confederation, which had made the reservation in express terms. It was hard to conclude, because there has been a want of uniformity among the States as to the cases triable by jury, because some have been so incautious as to dispense with this mode of trial in certain cases, therefore, the more prudent States shall be reduced to the same level of calamity. It would have been much more just and wise to have concluded the other way, that as most of the States had preserved with jealousy this sacred palladium of liberty, those who had wandered, should be brought back to it; and to have established general right rather than general wrong. For I consider all the ill as established, which may be established. I have a right to nothing, which another has a right to take away; and Congress will have a right to take away trials by jury in all civil cases. Let me add, that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference.

The second feature I dislike, and strongly dislike, is the abandonment, in every instance, of the principle of rotation in office, and most particularly in the case of the President. Reason and experience tell us, that the first magistrate will always be re-elected if he may be re-elected. He is then an officer for life. This once observed, it becomes of so much consequence to certain nations, to have a friend or a foe at the head of our affairs, that they will interfere with money and with arms. A Galloman, or an Angloman, will be supported by the nation he befriends. If once elected, and at a second or third election outvoted by one or two votes, he will pretend false votes, foul play, hold possession of the reigns of government, be supported by the States voting for him, especially if they be the central ones, lying in a compact body themselves, and separating their opponents; and they will be aided by one nation in Europe, while the majority are aided by another. The election of a President of America, some years hence, will be much more interesting to certain nations of Europe, than ever the election of a King of Poland was. Reflect on all the instances in history, ancient and modern, of elective monarchies, and say if they do not give foundation for my fears; the Roman Emperors, the Popes while they were of any importance, the German Emperors till they became hereditary in practice, the Kings of Poland, the Deys of the Ottoman dependencies. It may be said, that if elections are to be attended with these disorders, the less frequently they are repeated the better. But experience says, that to free them from disorder, they must be rendered less interesting by a necessity of change. No foreign power, nor domestic party, will waste their blood and money to elect a person, who must go out at the end of a short period. The power of removing every fourth year by the vote of the people, is a power which they will not exercise, and if they were disposed to exercise it, they would not be permitted. The King of Poland is removable every day by the diet. But they never remove him. Nor would Russia, the Emperor, &c., permit them to do it. Smaller objections are, the appeals on matters of fact as well as laws; and the binding all persons, legislative, executive and judiciary by oath, to maintain that constitution. I do not pretend to decide, what would be the best method of procuring the establishment of the manifold good things in this constitution, and of getting rid of the bad. Whether by adopting it, in hopes of future amendment; or after it shall have been duly weighed and canvassed by the people, after seeing the parts they generally dislike, and those they generally approve, to say to them, "We see now what you wish. You are willing to give to your federal government such and such powers; but you wish, at the same time, to have such and such fundamental rights secured to you, and certain sources of convulsion taken away. Be it so. Send together deputies again. Let them establish your fundamental rights by a sacrosanct declaration, and let them pass the parts of the constitution you have approved. These will give powers to your federal government sufficient for your happiness."

This is what might be said, and would probable produce a speedy, more perfect and more permanent form of government. At all events, I hope you will not be discouraged from making other trials, if the present one should fail. We are never permitted to despair of the commonwealth. I have thus told you freely what I like, and what I dislike, merely as a matter of curiosity; for I know it is not in my power to offer matter of information to your judgment, which has been formed after hearing and weighing everything which the wisdom of man could offer on these subjects. I own, I am not a friend to a very energetic government. It is always oppressive. It places the governors indeed more at their ease, at the expense of the people. The late rebellion in Massachusetts has given more alarm, than I think it should have done. Calculate that one rebellion in thirteen States in the course of eleven years, is but one for each State in a century and a half. No country should be so long without one. Nor will any degree of power in the hands of government, prevent insurrections. In England, where the hand of power is heavier than with us, there are seldom half a dozen years without an insurrection. In France, where it is still heavier, but less despotic, as Montesquieu supposes, than in some other countries, and where there are always two or three hundred thousand men ready to crush insurrections, there have been three in the course of the three years I have been here, in every one of which greater numbers were engaged than in Massachusetts, and a great deal more blood was spilt. In Turkey, where the sole nod of the despot is death, insurrections are the events of every day. Compare again the ferocious depredations of their insurgents, with the order, the moderation and the almost self-extinguishment of ours. And say, finally, whether peace is best preserved by giving energy to the government, or information to the people. This last is the most certain, and the most legitimate engine of government. Educate and inform the whole mass of the people. Enable them to see that it is their interest to preserve peace and order, and they will preserve them. And it requires no very high degree of education to convince them of this. They are the only sure reliance for the preservation of our liberty. After all, it is my principle that the will of the majority should prevail. If they approve the proposed constitution in all its parts, I shall concur in it cheerfully, in hopes they will amend it, whenever they shall find it works wrong. This reliance cannot deceive us, as long as we remain virtuous; and I think we shall be so, as long as agriculture is our principal object, which will be the case, while there remains vacant lands in any part of America. When we get piled upon one another in large cities, as in Europe, we shall become corrupt as in Europe, and go to eating one another as they do there. I have tired you by this time with disquisitions which you have already heard repeated by others, a thousand and a thousand times; and therefore, shall only add assurances of the esteem and attachment with which I have the honor to be, dear Sir, your affectionate friend and servant.

P. S. The instability of our laws is really an immense evil. I think it would be well to provide in our constitutions, that there shall always be a twelvemonth between the engrossing a bill and passing it; that it should then be offered to its passage without changing a word; and that if circumstances should be thought to require a speedier passage, it should take two-thirds of both Houses, instead of a bare majority.