Dear Sir,
—I wrote you last on the 12th of Jan. since which I have received yours of Octob 17, Dec 8 & 12. That of Oct. 17. came to hand only Feb 23. How it happened to be four months on the way, I cannot tell, as I never knew by what hand it came. Looking over my letter of Jan 12th, I remark an error of the word “probable” instead of “improbable,” which doubtless however you had been able to correct. Your thoughts on the subject of the Declaration of rights in the letter of Oct 17. I have weighed with great satisfaction. Some of them had not occurred to me before, but were acknoleged just in the moment they were presented to my mind. In the arguments in favor of a declaration of rights, you omit one which has great weight with me, the legal check which it puts into the hands of the judiciary. This is a body, which if rendered independent & kept strictly to their own department merits great confidence for their learning & integrity. In fact what degree of confidence would be too much for a body composed of such men as Wythe, Blair & Pendleton? On characters like these the “civium ardor prava jubentium” would make no impression. I am happy to find that on the whole you are a friend to this amendment. The Declaration of rights is like all other human blessings alloyed with some inconveniences, and not accomplishing fully it’s object. But the good in this instance vastly overweighs the evil. I cannot refrain from making short answers to the objections which your letter states to have been raised. 1. That the rights in question are reserved by the manner in which the federal powers are granted. Answer. A constitutive act may certainly be so formed as to need no declaration of rights. The act itself has the force of a declaration as far as it goes; and if it goes to all material points nothing more is wanting. In the draught of a constitution which I had once a thought of proposing in Virginia, & printed afterwards, I endeavored to reach all the great objects of public liberty, and did not mean to add a declaration of rights. Probably the object was imperfectly executed; but the deficiencies would have been supplied by others, in the course of discussion. But in a constitutive act which leaves some precious articles unnoticed, and raises implications against others, a declaration of rights becomes necessary by way of supplement. This is the case of our new federal constitution. This instrument forms us into one state as to certain objects, and gives us a legislative & executive body for these objects. It should therefore guard us against their abuses of power within the field submitted to them. 2. A positive declaration of some essential rights could not be obtained in the requisite latitude. Answer. Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can. 3. The limited powers of the federal government & jealousy of the subordinate governments afford a security which exists in no other instance. Answer. The first member of this seems resolvable into the first objection before stated. The jealousy of the subordinate governments is a precious reliance. But observe that those governments are only agents. They must have principles furnished them whereon to found their opposition. The declaration of rights will be the text whereby they will try all the acts of the federal government. In this view it is necessary to the federal government also; as by the same text they may try the opposition of the subordinate governments. 4. Experience proves the inefficacy of a bill of rights. True. But tho it is not absolutely efficacious under all circumstances, it is of great potency always, and rarely inefficacious. A brace the more will often keep up the building which would have fallen with that brace the less. There is a remarkable difference between the characters of the Inconveniences which attend a Declaration of rights, & those which attend the want of it. The inconveniences of the Declaration are that it may cramp government in it’s useful exertions. But the evil of this is short-lived, trivial & reparable. The inconveniences of the want of a Declaration are permanent, afflicting & irreparable. They are in constant progression from bad to worse. The executive in our governments is not the sole, it is scarcely the principal object of my jealousy. The tyranny of the legislatures is the most formidable dread at present, and will be for long years. That of the executive will come in it’s turn, but it will be at a remote period. I know there are some among us who would now establish a monarchy. But they are inconsiderable in number and weight of character. The rising race are all republicans. We were educated in royalism; no wonder if some of us retain that idolatry still. Our young people are educated in republicanism, an apostasy from that to royalism is unprecedented & impossible. I am much pleased with the prospect that a declaration of rights will be added; and hope it will be done in that way which will not endanger the whole frame of the government, or any essential part of it.
I have hitherto avoided public news in my letters to you, because your situation insured you a communication of my letters to Mr. Jay. This circumstance being changed, I shall in future indulge myself in these details to you. There had been some slight hopes that an accommodation might be affected between the Turks & two empires but these hopes do not strengthen, and the season is approaching which will put an end to them for another campaign at least. The accident to the King of England has had great influence on the affairs of Europe. His mediation joined with that of Prussia, would certainly have kept Denmark quiet, and so have left the two empires in the hands of the Turks & Swedes. But the inactivity to which England is reduced, leaves Denmark more free, and she will probably go on in opposition to Sweden. The K. of Prussia too had advanced so far that he can scarcely retire. This is rendered the more difficult by the troubles he has excited in Poland. He cannot well abandon the party he had brought forward there so that it is very possible he may be engaged in the ensuing campaign. France will be quiet this year, because this year at least is necessary for settling her future constitution. The States will meet the 27th of April: and the public mind will I think by that time be ripe for a just decision of the Question whether they shall vote by orders or persons. I think there is a majority of the nobles already for the latter. If so, their affairs cannot but go on well. Besides settling for themselves a tolerably free constitution, perhaps as free a one as the nation is yet prepared to bear, they will fund their public debts. This will give them such a credit as will enable them to borrow any money they may want, & of course to take the field again when they think proper. And I believe they mean to take the field as soon as they can. The pride of every individual in the nation suffers under the ignominies they have lately been exposed to and I think the states general will give money for a war to wipe off the reproach. There have arisen new bickerings between this court & the Hague, and the papers which have passed shew the most bitter acrimony rankling at the heart of this ministry. They have recalled their ambassador from the Hague without appointing a successor. They have given a note to the Diet of Poland which shews a disapprobation of their measures. The insanity of the King of England has been fortunate for them as it gives them time to put their house in order. The English papers tell you the King is well: and even the English ministry say so. They will naturally set the best foot foremost: and they guard his person so well that it is difficult for the public to contradict them. The King is probably better, but not well by a great deal. 1. He has been bled, and judicious physicians say that in his exhausted state nothing could have induced a recurrence to bleeding but symptoms of relapse. 2. The Prince of Wales tells the Irish deputation he will give them a definitive answer in some days; but if the king had been well he could have given it at once. 3. They talk of passing a standing law for providing a regency in similar cases. They apprehend then they are not yet clear of the danger of wanting a regency. 4. They have carried the king to church; but it was his private chapel. If he be well why do not they shew him publicly to the nation, & raise them from that consternation into which they have been thrown by the prospect of being delivered over to the profligate hands of the prince of Wales. In short, judging from little facts which are known in spite of their teeth the King is better, but not well. Possibly he is getting well, but still, time will be wanting to satisfy even the ministry that it is not merely a lucid interval. Consequently they cannot interrupt France this year in the settlement of her affairs, & after this year it will be too late.
As you will be in a situation to know when the leave of absence will be granted me, which I have asked, will you be so good as to communicate it by a line to Mr. Lewis & Mr. Eppes? I hope to see you in the summer, and that if you are not otherwise engaged, you will encamp with me at Monticello for awhile.
(Source: http://oll.libertyfund.org/)
Dear Sir,
— You say that I have been dished up to you as an antifederalist, and ask me if it be just. My opinion was never worthy enough of notice to merit citing; but since you ask it I will tell it you. I am not a Federalist, because I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. Such an addiction is the last degradation of a free and moral agent. If I could not go to heaven but with a party, I would not go there at all. Therefore I protest to you I am not of the party of federalists. But I am much farther from that of the Antifederalists. I approved, from the first moment, of the great mass of what is in the new constitution, the consolidation of the government, the organization into Executive legislative & judiciary, the subdivision of the legislative, the happy compromise of interests between the great & little states by the different manner of voting in the different houses, the voting by persons instead of states, the qualified negative on laws given to the Executive which however I should have liked better if associated with the judiciary also as in New York, and the power of taxation. I thought at first that the latter might have been limited. A little reflection soon convinced me it ought not to be. What I disapproved from the first moment also was the want of a bill of rights to guard liberty against the legislative as well as executive branches of the government, that is to say to secure freedom in religion, freedom of the press, freedom from monopolies, freedom from unlawful imprisonment, freedom from a permanent military, and a trial by jury in all cases determinable by the laws of the land. I disapproved also the perpetual reeligibility of the President. To these points of disapprobation I adhere. My first wish was that the 9. first conventions might accept the constitution, as the means of securing to us the great mass of good it contained, and that the 4. last might reject it, as the means of obtaining amendments. But I was corrected in this wish the moment I saw the much better plan of Massachusetts and which had never occurred to me. With respect to the declaration of rights I suppose the majority of the United States are of my opinion: for I apprehend all the antifederalists, and a very respectable proportion of the federalists think that such a declaration should now be annexed. The enlightened part of Europe have given us the greatest credit for inventing this instrument of security for the rights of the people, and have been not a little surprised to see us so soon give it up. With respect to the re-eligibility of the president, I find myself differing from the majority of my countrymen, for I think there are but three states out of the 11. which have desired an alteration of this. And indeed, since the thing is established, I would wish it not to be altered during the life of our great leader, whose executive talents are superior to those I believe of any man in the world, and who alone by the authority of his name and the confidence reposed in his perfect integrity, is fully qualified to put the new government so under way as to secure it against the efforts of opposition. But having derived from our error all the good there was in it I hope we shall correct it the moment we can no longer have the same name at the helm. These, my dear friend, are my sentiments, by which you will see I was right in saying I am neither federalist nor antifederalist; that I am of neither party, nor yet a trimmer between parties. These my opinions I wrote within a few hours after I had read the constitution, to one or two friends in America. I had not then read one single word printed on the subject. I never had an opinion in politics or religion which I was afraid to own. A costive reserve on these subjects might have procured me more esteem from some people, but less from myself. My great wish is to go on in a strict but silent performance of my duty; to avoid attracting notice & to keep my name out of newspapers, because I find the pain of a little censure, even when it is unfounded, is more acute than the pleasure of much praise. The attaching circumstance of my present office is that I can do it’s duties unseen by those for whom they are done.—You did not think, by so short a phrase in your letter, to have drawn on yourself such an egotistical dissertation.
(Source: http://oll.libertyfund.org/)
Philadelphia, March 8, 1789
Dear Sir,
We arrived here yesterday evening where we have met with Mr. Dawson just from New York. When he left it, 18 representatives and 8 senators had assembled. It is not certain when the deficiencies will be made up. The most favorable conjectures postpone it to Monday se’nnight. The members attending are chiefly from the Eastward. I do not learn that a single member, except Mr. White is from a State South of Pennsylva; unless, indeed, Dr Tucker is to be included in the exception. The N. Jersey Reps are not yet announced. Mr. Clarke it is supposed will be one, Mr. Cadwallader, Mr. Boudinot, and Mr. Skureman, are talked of as the others.
I find that the communication made you from Kentucky corresponds with an official letter to Congs from Govr. St. Clair, which speaks of the same emissary, and the same errand. Notice has been transmitted of the affair to the Executive of Virga, in order that regular steps may be taken, if sufficient ground be afforded, for apprehending the incendiary. The project of G. M.1 for establishing a Colony beyond the Mississippi is also going on. It is the opinion of Mr. Brown, as explained to Mr. Griffin, that emigrations to the Spanish territory will be enticed from Kentucky, as rapidly, as the allurements of the latter place have obtained them from the Atlantic States. All these circumstances point out the conduct which the New Govt ought to pursue with regard to the Western Country & Spain.
I dropped you a few lines from Baltimore mentioning the unanimity of the Electoral Votes of S. Carola & Georgia for a Presid, & the manner in which the Secondary votes were disposed of.
I am Dr Sir Yr truly Affecte.
My Dear Friend,—
I find, on inquiry, that you are elected Vice-President, having three or four times the number of votes of any other candidate। Maryland threw away their votes on Colonel Harrison, and South Carolina on Governor Rutledge, being, with some other States which were not unanimous for you, apprehensive that this was a necessary step to prevent your election to the chair. In this point they were mistaken, for the President, as I am informed from pretty good authority, has a unanimous vote. It is the universal wish of all that I have conferred with, and indeed their expectation, that both General Washington and yourself will accept; and should either refuse, it will have a very disagreeable effect. The members present met to-day in the City Hall; there being about eleven senators and thirteen representatives, and not constituting a quorum in either house, they adjourned till to-morrow.
Mrs. Gerry and the ladies join me in sincere regards to yourself, your lady, Colonel and Mrs. Smith; and be assured, I remain, &c.
E. Gerry.
(Source: http://oll.libertyfund.org/)
Dear Sir,
—My last to you was of the 25th of December. Tho’ the establishment of packet boats with you, and suppression of them with us, puts it in your power perhaps to give me better details of American affairs than I can you, I shall nevertheless continue to communicate to you what I know, persuaded it is better you should hear a thing twice than not hear it at all.
I mentioned to you in my last that the Convention of Virginia had proposed to Congress the method of amending by Congress & the assemblies. Since that the assembly of that state, a much more anti-federal body, has proposed the other method of amendment by a federal convention. But this will not take. The elections for the new Congress are almost universally federal, which proves the people in general to be so. The following is a list of the federal Senate so far as Notice of the elections have reached me. 1. N. Hampshire Presidt. Langdon & Judge Bartlett. 2. Massachusetts, Strong & Dalton. 3. Connecticut Dr. Johnson & Elsworth. 4. N. Jersey. Patterson & Elmer. 5. Pennsylvania. R. H. Morris & McClurg. 6. Delaware. Reed & Basset. 7. Virginia. R. H. Lee & Grayson. 8. Maryland Chas. Carroll of Carrolton, & John Henry. It is thought Mr Izard will be one from S. Carolina. Genl. Schuyler is expected for N. York, but as late as the 10th. of January that assembly had not yet been able to agree on Senators. I hear nothing from Georgia. N. Carolina has fixed a day for another convention, but a very distant one. It is the anti-federalism of Virginia which levens the mass. Rhode island has again refused to call a convention. Genl. Washington, tho’ with vast reluctance, will undertake the presidency if called to it, & there was no doubt he would be so called. The only candidates for the vice presidency, with their own consent, are Mr. Hancock and Mr. J. Adams. The latter, it was thought, would be chosen. The friends of the new constitution agree pretty generally to add a declaration of rights to it, and the opposition becomes daily weaker, so that the government, confided generally to friendly hands, and gaining on the esteem of the nation, begins this very day, under the most auspicious appearances.
The revolution in this country seems to be going on well. In Burgundy & Franche compté indeed there is great stubbornness in the privileged orders, and in Bretagne they have proceeded to blows, which however are stopped for the present. In the west of the Kingdom it seems as if the rights of the tiers etat would be acknoleged and by a majority of the nobles. The circumstance from which I fear the worst is that the States general are too numerous. I see great difficulty in preventing 1200 people from becoming a mob. Should confusion be prevented from this circumstance, I suppose the states general, with the consent of the King, will establish some of the leading features of a good constitution. They have indeed a miserable old canvas to work on, covered with daubings which it will be difficult to efface. But some they will efface, & some soften, so as to make a tolerable thing of it, perhaps a good one. The war in the North is likely to spread: & the King of England seems recovering his senses. But time will be requisite to shew whether it be a lucid interval only, whether it be permanent, or whether it be anything more than a recovery from insanity to imbecility which is the most ordinary case. In either event, time is necessary to give such confidence in his state of mind, as that his Ministers may venture to take a part in the war; and that time will suffice to enable this nation to arrange it’s internal affairs so solidly as to put them more in condition, than ever they were at any period of their history, to act the part they may chuse in foreign affairs. How happy is it for us that we are beyond the reach of those storms which are eternally desolating Europe. We have indeed a neighbor with whom misunderstandings are possible: but they must be the effect of interests ill calculated. Nothing is more demonstrable than is the unity of their & our interest for ages to come.
I have had a letter from Admiral Paul Jones dated St. Petersburgh Jan. 31. He was well and just arrived there on the call of the Empress. He has commanded on the Black Sea during the last campaign, but does not know where he is to act the ensuing one.—My last accounts from Lediard (another bold countryman of ours) were from Grand Cairo. He was just then plunging into the unknown regions of Africa, probably never to emerge again. If he returns, he has promised me to go to America and penetrate from Kentucke to the Western side of the Continent. I do not know whether you are informed that in the years 1787–1788. he went from here bound for Kamschatka, to cross over thence to the Western coast of our continent & pass through to the Eastern one. He was arrested par ordre superieure within two or three days journey of Kamschatka, conveyed back to the confines of Poland, & there turned adrift. He arrived here last June, & immediately set out for Africa. I received some time ago a very interesting history del luxo de España, and the charming poems of M. Yriarte, tho’ they have not been mentioned in any of your letters I presume it is you I am to thank for them, which I do very cordially. I know nothing, since my last, more precise on the time of my departure, but I think it would be better you should address no letters to me at this place which may arrive between the middle of April & November. Mr. Short will transact the business of the legation during my absence, as I expect.
(Source: http://oll.libertyfund.org/)
My dear friend,
This is the first convenient opportunity I have had for dropping you a line since I last came into the State. Your sanction to my remaining in N. York during the crisis of the elections, conveyed through Col. Carrington, never came to hand till I had arrived in Orange. It coincided so fully with my inclination, and indeed with my judgment, that had it been received in due time, I do not know but I should have disregarded all the pressing exhortations which stood opposed to your opinion. I am persuaded however that my appearance in the district was more necessary to my election than you then calculated. In truth it has been evinced by the experiment, that my absence would have left a room for the calumnies of antifederal partizans which would have defeated much better pretensions than mine. In Culpeper which was the critical County, a continued attention was necessary to repel the multiplied fasehoods which circulated. Whether I ought to be satisfied or displeased with my success, I shall hereafter be more able to judge. My present anticipations are not flattering. I see on the lists of Representatives a very scanty proportion who will share in the drudgery of business. And I foresee contentions first between federal and antifederal parties, and then between Northern & Southern Parties, which give additional disagreeableness to the prospect. Should the State Elections give an antifederal colour to the Legislatures, which from causes not antifederal in the people, may well happen, difficulties will again start up in this quarter, which may have a still more serious aspect on the Congressional proceedings.
In my last or one of my last letters was inclosed a Quere from Mr. St. John the French Consul at New York, relating to the law here which regulates the recording of deeds &c. As I shall on my return be applied to for an answer, I will thank you for the proper one as soon as your leisure will allow.
I shall go on from this tomorrow. On my arrival I shall attend as far as I can to whatever may deserve your perusal. Besides the private satisfaction which I shall have in the continuance of our correspondence, I promise myself the benefit of your suggestions on public subjects.
Present me respectfully to Mrs. R. and rely on the Affection with which I remain, Yrs truly.
As your neighborhood gives you frequent interviews with the Presidt of Wm & Mary, remind him of my best regards for him.
Hond. Sir
The obstructions to my journey from the Snow, the River at Fredericksberg, and the unparallelled badness of the roads, prevented my arrival here sooner than the evening before last. Harry will be able to give the particulars of the Journey. I detained him yesterday in order to give both him & the horses a little rest after their fatigue; and shall leave it in some measure to himself, to return either by way of Fredg. or Norman’s Ford, according to the state of the weather & the information he may receive concerning the latter route.—I am not yet decided as to the day on which I shall go forward from this place. Being now convinced from the state of the weather & the rivers that I could not possibly reach New York by the day fixed for the meeting of Congs. and if I could that there will not be a sufficient number of members for business, I shall think myself more at liberty to consult my own conveniency. By waiting a few days I promise myself also the company of some of my colleagues, particularly Mr. Page who will I think be sure to call on the General. Mr. R. B. Lee is the only member who has yet set out, according to my information. He has gone on to Alexandr. but will wait I presume for company, at least untill the weather shall invite him to proceed.
I meet here with no news worth communicating. The inclosed papers, I recd. at Fredericksbg. and may be read as a continuation of the intelligence from New York.
I find myself perfectly well after my ride, & hoping that this will find my mother in better health, and the rest of the family still well, I remain Yr. affct. Son.
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