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237 KiB
Plaintext
3900 lines
237 KiB
Plaintext
AUTOBIOGRAPHY
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by Thomas Jefferson
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AUTOBIOGRAPHY
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1743 -- 1790
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_With the Declaration of Independence_
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January 6, 1821
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At the age of 77, I begin to make some memoranda and state some
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recollections of dates & facts concerning myself, for my own more
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ready reference & for the information of my family.
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The tradition in my father's family was that their ancestor
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came to this country from Wales, and from near the mountain of
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Snowdon, the highest in Gr. Br. I noted once a case from Wales in the
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law reports where a person of our name was either pl. or def. and one
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of the same name was Secretary to the Virginia company. These are
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the only instances in which I have met with the name in that country.
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I have found it in our early records, but the first particular
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information I have of any ancestor was my grandfather who lived at
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the place in Chesterfield called Ozborne's and ownd. the lands
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afterwards the glebe of the parish. He had three sons, Thomas who
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died young, Field who settled on the waters of Roanoke and left
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numerous descendants, and Peter my father, who settled on the lands I
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still own called Shadwell adjoining my present residence. He was
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born Feb. 29, 1707/8, and intermarried 1739. with Jane Randolph, of
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the age of 19. daur of Isham Randolph one of the seven sons of that
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name & family settled at Dungeoness in Goochld. They trace their
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pedigree far back in England & Scotland, to which let every one
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ascribe the faith & merit he chooses.
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My father's education had been quite neglected; but being of a
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strong mind, sound judgment and eager after information, he read much
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and improved himself insomuch that he was chosen with Joshua Fry
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professor of Mathem. in W. & M. college to continue the boundary line
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between Virginia & N. Caroline which had been begun by Colo Byrd, and
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was afterwards employed with the same Mr. Fry to make the 1st map of
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Virginia which had ever been made, that of Capt Smith being merely a
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conjectural sketch. They possessed excellent materials for so much
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of the country as is below the blue ridge; little being then known
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beyond that ridge. He was the 3d or 4th settler of the part of the
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country in which I live, which was about 1737. He died Aug. 17.
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1757, leaving my mother a widow who lived till 1776, with 6 daurs &
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2. sons, myself the elder. To my younger brother he left his estate
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on James river called Snowden after the supposed birth-place of the
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family. To myself the lands on which I was born & live. He placed
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me at the English school at 5. years of age and at the Latin at 9.
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where I continued until his death. My teacher Mr. Douglas a
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clergyman from Scotland was but a superficial Latinist, less
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instructed in Greek, but with the rudiments of these languages he
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taught me French, and on the death of my father I went to the revd
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Mr. Maury a correct classical scholar, with whom I continued two
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years, and then went to Wm. and Mary college, to wit in the spring of
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1760, where I continued 2. years. It was my great good fortune, and
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what probably fixed the destinies of my life that Dr. Wm. Small of
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Scotland was then professor of Mathematics, a man profound in most of
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the useful branches of science, with a happy talent of communication,
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correct and gentlemanly manners, & an enlarged & liberal mind. He,
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most happily for me, became soon attached to me & made me his daily
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companion when not engaged in the school; and from his conversation I
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got my first views of the expansion of science & of the system of
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things in which we are placed. Fortunately the Philosophical chair
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became vacant soon after my arrival at college, and he was appointed
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to fill it per interim: and he was the first who ever gave in that
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college regular lectures in Ethics, Rhetoric & Belles lettres. He
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returned to Europe in 1762, having previously filled up the measure
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of his goodness to me, by procuring for me, from his most intimate
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friend G. Wythe, a reception as a student of law, under his
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direction, and introduced me to the acquaintance and familiar table
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of Governor Fauquier, the ablest man who had ever filled that office.
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With him, and at his table, Dr. Small & Mr. Wythe, his amici omnium
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horarum, & myself, formed a partie quarree, & to the habitual
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conversations on these occasions I owed much instruction. Mr. Wythe
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continued to be my faithful and beloved Mentor in youth, and my most
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affectionate friend through life. In 1767, he led me into the
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practice of the law at the bar of the General court, at which I
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continued until the revolution shut up the courts of justice. [For a
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sketch of the life & character of Mr. Wythe see my letter of Aug. 31.
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20. to Mr. John Saunderson]
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In 1769, I became a member of the legislature by the choice of
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the county in which I live, & continued in that until it was closed
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by the revolution. I made one effort in that body for the permission
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of the emancipation of slaves, which was rejected: and indeed, during
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the regal government, nothing liberal could expect success. Our
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minds were circumscribed within narrow limits by an habitual belief
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that it was our duty to be subordinate to the mother country in all
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matters of government, to direct all our labors in subservience to
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her interests, and even to observe a bigoted intolerance for all
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religions but hers. The difficulties with our representatives were
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of habit and despair, not of reflection & conviction. Experience
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soon proved that they could bring their minds to rights on the first
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summons of their attention. But the king's council, which acted as
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another house of legislature, held their places at will & were in
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most humble obedience to that will: the Governor too, who had a
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negative on our laws held by the same tenure, & with still greater
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devotedness to it: and last of all the Royal negative closed the last
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door to every hope of amelioration.
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On the 1st of January, 1772 I was married to Martha Skelton
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widow of Bathurst Skelton, & daughter of John Wayles, then 23. years
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old. Mr. Wayles was a lawyer of much practice, to which he was
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introduced more by his great industry, punctuality & practical
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readiness, than to eminence in the science of his profession. He was
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a most agreeable companion, full of pleasantry & good humor, and
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welcomed in every society. He acquired a handsome fortune, died in
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May, 1773, leaving three daughters, and the portion which came on
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that event to Mrs. Jefferson, after the debts should be paid, which
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were very considerable, was about equal to my own patrimony, and
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consequently doubled the ease of our circumstances.
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When the famous Resolutions of 1765, against the Stamp-act,
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were proposed, I was yet a student of law in Wmsbg. I attended the
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debate however at the door of the lobby of the H. of Burgesses, &
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heard the splendid display of Mr. Henry's talents as a popular
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orator. They were great indeed; such as I have never heard from any
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other man. He appeared to me to speak as Homer wrote. Mr. Johnson,
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a lawyer & member from the Northern Neck, seconded the resolns, & by
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him the learning & the logic of the case were chiefly maintained. My
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recollections of these transactions may be seen pa. 60, Wirt's life
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of P. H., to whom I furnished them.
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In May, 1769, a meeting of the General Assembly was called by
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the Govr., Ld. Botetourt. I had then become a member; and to that
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meeting became known the joint resolutions & address of the Lords &
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Commons of 1768 -- 9, on the proceedings in Massachusetts.
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Counter-resolutions, & an address to the King, by the H. of Burgesses
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were agreed to with little opposition, & a spirit manifestly
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displayed of considering the cause of Massachusetts as a common one.
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The Governor dissolved us: but we met the next day in the Apollo of
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the Raleigh tavern, formed ourselves into a voluntary convention,
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drew up articles of association against the use of any merchandise
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imported from Gr. Britain, signed and recommended them to the people,
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repaired to our several counties, & were re elected without any other
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exception than of the very few who had declined assent to our
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proceedings.
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Nothing of particular excitement occurring for a considerable
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time our countrymen seemed to fall into a state of insensibility to
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our situation. The duty on tea not yet repealed & the Declaratory
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act of a right in the British parl to bind us by their laws in all
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cases whatsoever, still suspended over us. But a court of inquiry
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held in R. Island in 1762, with a power to send persons to England to
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be tried for offences committed here was considered at our session of
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the spring of 1773. as demanding attention. Not thinking our old &
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leading members up to the point of forwardness & zeal which the times
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required, Mr. Henry, R. H. Lee, Francis L. Lee, Mr. Carr & myself
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agreed to meet in the evening in a private room of the Raleigh to
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consult on the state of things. There may have been a member or two
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more whom I do not recollect. We were all sensible that the most
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urgent of all measures was that of coming to an understanding with
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all the other colonies to consider the British claims as a common
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cause to all, & to produce an unity of action: and for this purpose
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that a commee of correspondce in each colony would be the best
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instrument for intercommunication: and that their first measure would
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probably be to propose a meeting of deputies from every colony at
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some central place, who should be charged with the direction of the
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measures which should be taken by all. We therefore drew up the
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resolutions which may be seen in Wirt pa 87. The consulting members
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proposed to me to move them, but I urged that it should be done by
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Mr. Carr, my friend & brother in law, then a new member to whom I
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wished an opportunity should be given of making known to the house
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his great worth & talents. It was so agreed; he moved them, they
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were agreed to nem. con. and a commee of correspondence appointed of
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whom Peyton Randolph, the Speaker, was chairman. The Govr. (then Ld.
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Dunmore) dissolved us, but the commee met the next day, prepared a
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circular letter to the Speakers of the other colonies, inclosing to
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each a copy of the resolns and left it in charge with their chairman
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to forward them by expresses.
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The origination of these commees of correspondence between the
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colonies has been since claimed for Massachusetts, and Marshall II.
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151, has given into this error, altho' the very note of his appendix
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to which he refers, shows that their establmt was confined to their
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own towns. This matter will be seen clearly stated in a letter of
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Samuel Adams Wells to me of Apr. 2., 1819, and my answer of May 12.
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I was corrected by the letter of Mr. Wells in the information I had
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given Mr. Wirt, as stated in his note, pa. 87, that the messengers of
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Massach. & Virga crossed each other on the way bearing similar
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propositions, for Mr. Wells shows that Mass. did not adopt the
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measure but on the receipt of our proposn delivered at their next
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session. Their message therefore which passed ours, must have
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related to something else, for I well remember P. Randolph's
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informing me of the crossing of our messengers.
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The next event which excited our sympathies for Massachusets
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was the Boston port bill, by which that port was to be shut up on the
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1st of June, 1774. This arrived while we were in session in the
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spring of that year. The lead in the house on these subjects being
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no longer left to the old members, Mr. Henry, R. H. Lee, Fr. L. Lee,
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3. or 4. other members, whom I do not recollect, and myself, agreeing
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that we must boldly take an unequivocal stand in the line with
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Massachusetts, determined to meet and consult on the proper measures
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in the council chamber, for the benefit of the library in that room.
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We were under conviction of the necessity of arousing our people from
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the lethargy into which they had fallen as to passing events; and
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thought that the appointment of a day of general fasting & prayer
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would be most likely to call up & alarm their attention. No example
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of such a solemnity had existed since the days of our distresses in
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the war of 55. since which a new generation had grown up. With the
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help therefore of Rushworth, whom we rummaged over for the
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revolutionary precedents & forms of the Puritans of that day,
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preserved by him, we cooked up a resolution, somewhat modernizing
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their phrases, for appointing the 1st day of June, on which the Port
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bill was to commence, for a day of fasting, humiliation & prayer, to
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implore heaven to avert from us the evils of civil war, to inspire us
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with firmness in support of our rights, and to turn the hearts of the
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King & parliament to moderation & justice. To give greater emphasis
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to our proposition, we agreed to wait the next morning on Mr.
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Nicholas, whose grave & religious character was more in unison with
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the tone of our resolution and to solicit him to move it. We
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accordingly went to him in the morning. He moved it the same day;
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the 1st of June was proposed and it passed without opposition. The
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Governor dissolved us as usual. We retired to the Apollo as before,
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agreed to an association, and instructed the commee of correspdce to
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propose to the corresponding commees of the other colonies to appoint
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deputies to meet in Congress at such place, _annually_, as should be
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convenient to direct, from time to time, the measures required by the
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general interest: and we declared that an attack on any one colony
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should be considered as an attack on the whole. This was in May. We
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further recommended to the several counties to elect deputies to meet
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at Wmsbg the 1st of Aug ensuing, to consider the state of the colony,
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& particularly to appoint delegates to a general Congress, should
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that measure be acceded to by the commees of correspdce generally.
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It was acceded to, Philadelphia was appointed for the place, and the
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5th of Sep. for the time of meeting. We returned home, and in our
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several counties invited the clergy to meet assemblies of the people
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on the 1st of June, to perform the ceremonies of the day, & to
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address to them discourses suited to the occasion. The people met
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generally, with anxiety & alarm in their countenances, and the effect
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of the day thro' the whole colony was like a shock of electricity,
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arousing every man & placing him erect & solidly on his centre. They
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chose universally delegates for the convention. Being elected one
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for my own county I prepared a draught of instructions to be given to
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the delegates whom we should send to the Congress, and which I meant
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to propose at our meeting. In this I took the ground which, from the
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beginning I had thought the only one orthodox or tenable, which was
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that the relation between Gr. Br. and these colonies was exactly the
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same as that of England & Scotland after the accession of James &
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until the Union, and the same as her present relations with Hanover,
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having the same Executive chief but no other necessary political
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connection; and that our emigration from England to this country gave
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her no more rights over us, than the emigrations of the Danes and
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Saxons gave to the present authorities of the mother country over
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England. In this doctrine however I had never been able to get any
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one to agree with me but Mr. Wythe. He concurred in it from the
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first dawn of the question What was the political relation between us
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& England? Our other patriots Randolph, the Lees, Nicholas,
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Pendleton stopped at the half-way house of John Dickinson who
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admitted that England had a right to regulate our commerce, and to
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lay duties on it for the purposes of regulation, but not of raising
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revenue. But for this ground there was no foundation in compact, in
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any acknowledged principles of colonization, nor in reason:
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expatriation being a natural right, and acted on as such, by all
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nations, in all ages. I set out for Wmsbg some days before that
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appointed for our meeting, but was taken ill of a dysentery on the
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road, & unable to proceed. I sent on therefore to Wmsbg two copies
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of my draught, the one under cover to Peyton Randolph, who I knew
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would be in the chair of the convention, the other to Patrick Henry.
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Whether Mr. Henry disapproved the ground taken, or was too lazy to
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read it (for he was the laziest man in reading I ever knew) I never
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learned: but he communicated it to nobody. Peyton Randolph informed
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the convention he had received such a paper from a member prevented
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by sickness from offering it in his place, and he laid it on the
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table for perusal. It was read generally by the members, approved by
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many, but thought too bold for the present state of things; but they
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printed it in pamphlet form under the title of "A Summary view of the
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rights of British America." It found its way to England, was taken up
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by the opposition, interpolated a little by Mr. Burke so as to make
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it answer opposition purposes, and in that form ran rapidly thro'
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several editions. This information I had from Parson Hurt, who
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happened at the time to be in London, whether he had gone to receive
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clerical orders. And I was informed afterwards by Peyton Randolph
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that it had procured me the honor of having my name inserted in a
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long list of proscriptions enrolled in a bill of attainder commenced
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in one of the houses of parliament, but suppressed in embryo by the
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hasty step of events which warned them to be a little cautious.
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Montague, agent of the H. of Burgesses in England made extracts from
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the bill, copied the names, and sent them to Peyton Randolph. The
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names I think were about 20 which he repeated to me, but I recollect
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those only of Hancock, the two Adamses, Peyton Randolph himself,
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Patrick Henry, & myself. (* 1) The convention met on the 1st of Aug,
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renewed their association, appointed delegates to the Congress, gave
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them instructions very temperately & properly expressed, both as to
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style & matter; and they repaired to Philadelphia at the time
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appointed. The splendid proceedings of that Congress at their 1st
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session belong to general history, are known to every one, and need
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not therefore be noted here. They terminated their session on the
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26th of Octob, to meet again on the 10th May ensuing. The convention
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at their ensuing session of Mar, '75, approved of the proceedings of
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Congress, thanked their delegates and reappointed the same persons to
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represent the colony at the meeting to be held in May: and foreseeing
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the probability that Peyton Randolph their president and Speaker also
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of the H. of B. might be called off, they added me, in that event to
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the delegation.
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(* 1) See Girardin's _History of Virginia,_ Appendix No. 12,
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note.
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Mr. Randolph was according to expectation obliged to leave the
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chair of Congress to attend the Gen. Assembly summoned by Ld.
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Dunmore to meet on the 1st day of June 1775. Ld. North's
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conciliatory propositions, as they were called, had been received by
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the Governor and furnished the subject for which this assembly was
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convened. Mr. Randolph accordingly attended, and the tenor of these
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propositions being generally known, as having been addressed to all
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the governors, he was anxious that the answer of our assembly, likely
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to be the first, should harmonize with what he knew to be the
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sentiments and wishes of the body he had recently left. He feared
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that Mr. Nicholas, whose mind was not yet up to the mark of the
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times, would undertake the answer, & therefore pressed me to prepare
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an answer. I did so, and with his aid carried it through the house
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with long and doubtful scruples from Mr. Nicholas and James Mercer,
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and a dash of cold water on it here & there, enfeebling it somewhat,
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but finally with unanimity or a vote approaching it. This being
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passed, I repaired immediately to Philadelphia, and conveyed to
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Congress the first notice they had of it. It was entirely approved
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there. I took my seat with them on the 21st of June. On the 24th, a
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commee which had been appointed to prepare a declaration of the
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causes of taking up arms, brought in their report (drawn I believe by
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J. Rutledge) which not being liked they recommitted it on the 26th,
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and added Mr. Dickinson and myself to the committee. On the rising
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of the house, the commee having not yet met, I happened to find
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myself near Govr W. Livingston, and proposed to him to draw the
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paper. He excused himself and proposed that I should draw it. On my
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pressing him with urgency, "we are as yet but new acquaintances, sir,
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said he, why are you so earnest for my doing it?" "Because, said I,
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I have been informed that you drew the Address to the people of Gr.
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Britain, a production certainly of the finest pen in America." "On
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that, says he, perhaps sir you may not have been correctly informed."
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I had received the information in Virginia from Colo Harrison on his
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return from that Congress. Lee, Livingston & Jay had been the commee
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for that draught. The first, prepared by Lee, had been disapproved &
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recommitted. The second was drawn by Jay, but being presented by
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Govr Livingston, had led Colo Harrison into the error. The next
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morning, walking in the hall of Congress, many members being
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assembled but the house not yet formed, I observed Mr. Jay, speaking
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to R. H. Lee, and leading him by the button of his coat, to me. "I
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understand, sir, said he to me, that this gentleman informed you that
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Govr Livingston drew the Address to the people of Gr Britain." I
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assured him at once that I had not received that information from Mr.
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Lee & that not a word had ever passed on the subject between Mr. Lee
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& myself; and after some explanations the subject was dropt. These
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gentlemen had had some sparrings in debate before, and continued ever
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very hostile to each other.
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I prepared a draught of the Declaration committed to us. It
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was too strong for Mr. Dickinson. He still retained the hope of
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reconciliation with the mother country, and was unwilling it should
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be lessened by offensive statements. He was so honest a man, & so
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able a one that he was greatly indulged even by those who could not
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feel his scruples. We therefore requested him to take the paper, and
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put it into a form he could approve. He did so, preparing an entire
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new statement, and preserving of the former only the last 4.
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paragraphs & half of the preceding one. We approved & reported it to
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Congress, who accepted it. Congress gave a signal proof of their
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indulgence to Mr. Dickinson, and of their great desire not to go too
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fast for any respectable part of our body, in permitting him to draw
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their second petition to the King according to his own ideas, and
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passing it with scarcely any amendment. The disgust against this
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humility was general; and Mr. Dickinson's delight at its passage was
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the only circumstance which reconciled them to it. The vote being
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passed, altho' further observn on it was out of order, he could not
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refrain from rising and expressing his satisfaction and concluded by
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saying "there is but one word, Mr. President, in the paper which I
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disapprove, & that is the word _Congress_," on which Ben Harrison
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rose and said "there is but on word in the paper, Mr. President, of
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which I approve, and that is the word _Congress._"
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On the 22d of July Dr. Franklin, Mr. Adams, R. H. Lee, &
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myself, were appointed a commee to consider and report on Ld. North's
|
|
conciliatory resolution. The answer of the Virginia assembly on that
|
|
subject having been approved I was requested by the commee to prepare
|
|
this report, which will account for the similarity of feature in the
|
|
two instruments.
|
|
|
|
|
|
On the 15th of May, 1776, the convention of Virginia instructed
|
|
their delegates in Congress to propose to that body to declare the
|
|
colonies independent of G. Britain, and appointed a commee to prepare
|
|
a declaration of rights and plan of government.
|
|
|
|
In Congress, Friday June 7. 1776. The delegates from Virginia
|
|
moved in obedience to instructions from their constituents that the
|
|
Congress should declare that these United colonies are & of right
|
|
ought to be free & independent states, that they are absolved from
|
|
all allegiance to the British crown, and that all political
|
|
connection between them & the state of Great Britain is & ought to
|
|
be, totally dissolved; that measures should be immediately taken for
|
|
procuring the assistance of foreign powers, and a Confederation be
|
|
formed to bind the colonies more closely together.
|
|
|
|
The house being obliged to attend at that time to some other
|
|
business, the proposition was referred to the next day, when the
|
|
members were ordered to attend punctually at ten o'clock.
|
|
|
|
Saturday June 8. They proceeded to take it into consideration
|
|
and referred it to a committee of the whole, into which they
|
|
immediately resolved themselves, and passed that day & Monday the
|
|
10th in debating on the subject.
|
|
|
|
It was argued by Wilson, Robert R. Livingston, E. Rutledge,
|
|
Dickinson and others
|
|
|
|
That tho' they were friends to the measures themselves, and saw
|
|
the impossibility that we should ever again be united with Gr.
|
|
Britain, yet they were against adopting them at this time:
|
|
|
|
That the conduct we had formerly observed was wise & proper
|
|
now, of deferring to take any capital step till the voice of the
|
|
people drove us into it:
|
|
|
|
That they were our power, & without them our declarations could
|
|
not be carried into effect;
|
|
|
|
That the people of the middle colonies (Maryland, Delaware,
|
|
Pennsylva, the Jerseys & N. York) were not yet ripe for bidding adieu
|
|
to British connection, but that they were fast ripening & in a short
|
|
time would join in the general voice of America:
|
|
|
|
That the resolution entered into by this house on the 15th of
|
|
May for suppressing the exercise of all powers derived from the
|
|
crown, had shown, by the ferment into which it had thrown these
|
|
middle colonies, that they had not yet accommodated their minds to a
|
|
separation from the mother country:
|
|
|
|
That some of them had expressly forbidden their delegates to
|
|
consent to such a declaration, and others had given no instructions,
|
|
& consequently no powers to give such consent:
|
|
|
|
That if the delegates of any particular colony had no power to
|
|
declare such colony independant, certain they were the others could
|
|
not declare it for them; the colonies being as yet perfectly
|
|
independant of each other:
|
|
|
|
That the assembly of Pennsylvania was now sitting above stairs,
|
|
their convention would sit within a few days, the convention of New
|
|
York was now sitting, & those of the Jerseys & Delaware counties
|
|
would meet on the Monday following, & it was probable these bodies
|
|
would take up the question of Independance & would declare to their
|
|
delegates the voice of their state:
|
|
|
|
That if such a declaration should now be agreed to, these
|
|
delegates must retire & possibly their colonies might secede from the
|
|
Union:
|
|
|
|
That such a secession would weaken us more than could be
|
|
compensated by any foreign alliance:
|
|
|
|
That in the event of such a division, foreign powers would
|
|
either refuse to join themselves to our fortunes, or, having us so
|
|
much in their power as that desperate declaration would place us,
|
|
they would insist on terms proportionably more hard and prejudicial:
|
|
|
|
That we had little reason to expect an alliance with those to
|
|
whom alone as yet we had cast our eyes:
|
|
|
|
That France & Spain had reason to be jealous of that rising
|
|
power which would one day certainly strip them of all their American
|
|
possessions:
|
|
|
|
That it was more likely they should form a connection with the
|
|
British court, who, if they should find themselves unable otherwise
|
|
to extricate themselves from their difficulties, would agree to a
|
|
partition of our territories, restoring Canada to France, & the
|
|
Floridas to Spain, to accomplish for themselves a recovery of these
|
|
colonies:
|
|
|
|
That it would not be long before we should receive certain
|
|
information of the disposition of the French court, from the agent
|
|
whom we had sent to Paris for that purpose:
|
|
|
|
That if this disposition should be favorable, by waiting the
|
|
event of the present campaign, which we all hoped would be
|
|
successful, we should have reason to expect an alliance on better
|
|
terms:
|
|
|
|
That this would in fact work no delay of any effectual aid from
|
|
such ally, as, from the advance of the season & distance of our
|
|
situation, it was impossible we could receive any assistance during
|
|
this campaign:
|
|
|
|
That it was prudent to fix among ourselves the terms on which
|
|
we should form alliance, before we declared we would form one at all
|
|
events:
|
|
|
|
And that if these were agreed on, & our Declaration of
|
|
Independance ready by the time our Ambassador should be prepared to
|
|
sail, it would be as well as to go into that Declaration at this day.
|
|
|
|
On the other side it was urged by J. Adams, Lee, Wythe, and
|
|
others
|
|
|
|
That no gentleman had argued against the policy or the right of
|
|
separation from Britain, nor had supposed it possible we should ever
|
|
renew our connection; that they had only opposed its being now
|
|
declared:
|
|
|
|
That the question was not whether, by a declaration of
|
|
independance, we should make ourselves what we are not; but whether
|
|
we should declare a fact which already exists:
|
|
|
|
That as to the people or parliament of England, we had alwais
|
|
been independent of them, their restraints on our trade deriving
|
|
efficacy from our acquiescence only, & not from any rights they
|
|
possessed of imposing them, & that so far our connection had been
|
|
federal only & was now dissolved by the commencement of hostilities:
|
|
|
|
That as to the King, we had been bound to him by allegiance,
|
|
but that this bond was now dissolved by his assent to the late act of
|
|
parliament, by which he declares us out of his protection, and by his
|
|
levying war on us, a fact which had long ago proved us out of his
|
|
protection; it being a certain position in law that allegiance &
|
|
protection are reciprocal, the one ceasing when the other is
|
|
withdrawn:
|
|
|
|
That James the IId. never declared the people of England out of
|
|
his protection yet his actions proved it & the parliament declared
|
|
it:
|
|
|
|
No delegates then can be denied, or ever want, a power of
|
|
declaring an existing truth:
|
|
|
|
That the delegates from the Delaware counties having declared
|
|
their constituents ready to join, there are only two colonies
|
|
Pennsylvania & Maryland whose delegates are absolutely tied up, and
|
|
that these had by their instructions only reserved a right of
|
|
confirming or rejecting the measure:
|
|
|
|
That the instructions from Pennsylvania might be accounted for
|
|
from the times in which they were drawn, near a twelvemonth ago,
|
|
since which the face of affairs has totally changed:
|
|
|
|
That within that time it had become apparent that Britain was
|
|
determined to accept nothing less than a carte-blanche, and that the
|
|
King's answer to the Lord Mayor Aldermen & common council of London,
|
|
which had come to hand four days ago, must have satisfied every one
|
|
of this point:
|
|
|
|
That the people wait for us to lead the way:
|
|
|
|
That _they_ are in favour of the measure, tho' the instructions
|
|
given by some of their _representatives_ are not:
|
|
|
|
That the voice of the representatives is not always consonant
|
|
with the voice of the people, and that this is remarkably the case in
|
|
these middle colonies:
|
|
|
|
That the effect of the resolution of the 15th of May has proved
|
|
this, which, raising the murmurs of some in the colonies of
|
|
Pennsylvania & Maryland, called forth the opposing voice of the freer
|
|
part of the people, & proved them to be the majority, even in these
|
|
colonies:
|
|
|
|
That the backwardness of these two colonies might be ascribed
|
|
partly to the influence of proprietary power & connections, & partly
|
|
to their having not yet been attacked by the enemy:
|
|
|
|
That these causes were not likely to be soon removed, as there
|
|
seemed no probability that the enemy would make either of these the
|
|
seat of this summer's war:
|
|
|
|
That it would be vain to wait either weeks or months for
|
|
perfect unanimity, since it was impossible that all men should ever
|
|
become of one sentiment on any question:
|
|
|
|
That the conduct of some colonies from the beginning of this
|
|
contest, had given reason to suspect it was their settled policy to
|
|
keep in the rear of the confederacy, that their particular prospect
|
|
might be better, even in the worst event:
|
|
|
|
That therefore it was necessary for those colonies who had
|
|
thrown themselves forward & hazarded all from the beginning, to come
|
|
forward now also, and put all again to their own hazard:
|
|
|
|
That the history of the Dutch revolution, of whom three states
|
|
only confederated at first proved that a secession of some colonies
|
|
would not be so dangerous as some apprehended:
|
|
|
|
That a declaration of Independence alone could render it
|
|
consistent with European delicacy for European powers to treat with
|
|
us, or even to receive an Ambassador from us:
|
|
|
|
That till this they would not receive our vessels into their
|
|
ports, nor acknowledge the adjudications of our courts of admiralty
|
|
to be legitimate, in cases of capture of British vessels:
|
|
|
|
That though France & Spain may be jealous of our rising power,
|
|
they must think it will be much more formidable with the addition of
|
|
Great Britain; and will therefore see it their interest to prevent a
|
|
coalition; but should they refuse, we shall be but where we are;
|
|
whereas without trying we shall never know whether they will aid us
|
|
or not:
|
|
|
|
That the present campaign may be unsuccessful, & therefore we
|
|
had better propose an alliance while our affairs wear a hopeful
|
|
aspect:
|
|
|
|
That to await the event of this campaign will certainly work
|
|
delay, because during this summer France may assist us effectually by
|
|
cutting off those supplies of provisions from England & Ireland on
|
|
which the enemy's armies here are to depend; or by setting in motion
|
|
the great power they have collected in the West Indies, & calling our
|
|
enemy to the defence of the possessions they have there:
|
|
|
|
That it would be idle to lose time in settling the terms of
|
|
alliance, till we had first determined we would enter into alliance:
|
|
|
|
That it is necessary to lose no time in opening a trade for our
|
|
people, who will want clothes, and will want money too for the
|
|
paiment of taxes:
|
|
|
|
And that the only misfortune is that we did not enter into
|
|
alliance with France six months sooner, as besides opening their
|
|
ports for the vent of our last year's produce, they might have
|
|
marched an army into Germany and prevented the petty princes there
|
|
from selling their unhappy subjects to subdue us.
|
|
|
|
It appearing in the course of these debates that the colonies
|
|
of N. York, New Jersey, Pennsylvania, Delaware, Maryland, and South
|
|
Carolina were not yet matured for falling from the parent stem, but
|
|
that they were fast advancing to that state, it was thought most
|
|
prudent to wait a while for them, and to postpone the final decision
|
|
to July 1. but that this might occasion as little delay as possible a
|
|
committee was appointed to prepare a declaration of independence.
|
|
The commee were J. Adams, Dr. Franklin, Roger Sherman, Robert R.
|
|
Livingston & myself. Committees were also appointed at the same time
|
|
to prepare a plan of confederation for the colonies, and to state the
|
|
terms proper to be proposed for foreign alliance. The committee for
|
|
drawing the declaration of Independence desired me to do it. It was
|
|
accordingly done, and being approved by them, I reported it to the
|
|
house on Friday the 28th of June when it was read and ordered to lie
|
|
on the table. On Monday, the 1st of July the house resolved itself
|
|
into a commee of the whole & resumed the consideration of the
|
|
original motion made by the delegates of Virginia, which being again
|
|
debated through the day, was carried in the affirmative by the votes
|
|
of N. Hampshire, Connecticut, Massachusetts, Rhode Island, N. Jersey,
|
|
Maryland, Virginia, N. Carolina, & Georgia. S. Carolina and
|
|
Pennsylvania voted against it. Delaware having but two members
|
|
present, they were divided. The delegates for New York declared they
|
|
were for it themselves & were assured their constituents were for it,
|
|
but that their instructions having been drawn near a twelvemonth
|
|
before, when reconciliation was still the general object, they were
|
|
enjoined by them to do nothing which should impede that object. They
|
|
therefore thought themselves not justifiable in voting on either
|
|
side, and asked leave to withdraw from the question, which was given
|
|
them. The commee rose & reported their resolution to the house. Mr.
|
|
Edward Rutledge of S. Carolina then requested the determination might
|
|
be put off to the next day, as he believed his colleagues, tho' they
|
|
disapproved of the resolution, would then join in it for the sake of
|
|
unanimity. The ultimate question whether the house would agree to
|
|
the resolution of the committee was accordingly postponed to the next
|
|
day, when it was again moved and S. Carolina concurred in voting for
|
|
it. In the meantime a third member had come post from the Delaware
|
|
counties and turned the vote of that colony in favour of the
|
|
resolution. Members of a different sentiment attending that morning
|
|
from Pennsylvania also, their vote was changed, so that the whole 12
|
|
colonies who were authorized to vote at all, gave their voices for
|
|
it; and within a few days, the convention of N. York approved of it
|
|
and thus supplied the void occasioned by the withdrawing of her
|
|
delegates from the vote.
|
|
|
|
Congress proceeded the same day to consider the declaration of
|
|
Independance which had been reported & lain on the table the Friday
|
|
preceding, and on Monday referred to a commee of the whole. The
|
|
pusillanimous idea that we had friends in England worth keeping terms
|
|
with, still haunted the minds of many. For this reason those
|
|
passages which conveyed censures on the people of England were struck
|
|
out, lest they should give them offence. The clause too, reprobating
|
|
the enslaving the inhabitants of Africa, was struck out in
|
|
complaisance to South Carolina and Georgia, who had never attempted
|
|
to restrain the importation of slaves, and who on the contrary still
|
|
wished to continue it. Our northern brethren also I believe felt a
|
|
little tender under those censures; for tho' their people have very
|
|
few slaves themselves yet they had been pretty considerable carriers
|
|
of them to others. The debates having taken up the greater parts of
|
|
the 2d 3d & 4th days of July were, in the evening of the last, closed
|
|
the declaration was reported by the commee, agreed to by the house
|
|
and signed by every member present except Mr. Dickinson. As the
|
|
sentiments of men are known not only by what they receive, but what
|
|
they reject also, I will state the form of the declaration as
|
|
originally reported. The parts struck out by Congress shall be
|
|
distinguished by a black line drawn under them; & those inserted by
|
|
them shall be placed in the margin or in a concurrent column.
|
|
|
|
|
|
A Declaration by the Representatives of the
|
|
United States of America, in General
|
|
Congress Assembled.
|
|
|
|
When in the course of human events it becomes necessary for one
|
|
people to dissolve the political bands which have connected them with
|
|
another, and to assume among the powers of the earth the separate &
|
|
equal station to which the laws of nature and of nature's God entitle
|
|
them, a decent respect to the opinions of mankind requires that they
|
|
should declare the causes which impel them to the separation.
|
|
|
|
We hold these truths to be self-evident: that all men are
|
|
created equal; that they are endowed by their creator with *inherent
|
|
and* [certain] inalienable rights; that among these are life,
|
|
liberty, & the pursuit of happiness: that to secure these rights,
|
|
governments are instituted among men, deriving their just powers from
|
|
the consent of the governed; that whenever any form of government
|
|
becomes destructive of these ends, it is the right of the people to
|
|
alter or abolish it, & to institute new government, laying it's
|
|
foundation on such principles, & organizing it's powers in such form,
|
|
as to them shall seem most likely to effect their safety & happiness.
|
|
Prudence indeed will dictate that governments long established should
|
|
not be changed for light & transient causes; and accordingly all
|
|
experience hath shown that mankind are more disposed to suffer while
|
|
evils are sufferable, than to right themselves by abolishing the
|
|
forms to which they are accustomed. But when a long train of abuses
|
|
& usurpations *begun at a distinguished period and* pursuing
|
|
invariably the same object, evinces a design to reduce them under
|
|
absolute despotism, it is their right, it is their duty to throw off
|
|
such government, & to provide new guards for their future security.
|
|
Such has been the patient sufferance of these colonies; & such is now
|
|
the necessity which constrains them to *expunge* [alter] their former
|
|
systems of government. The history of the present king of Great
|
|
Britain is a history of *unremitting* [repeated] injuries &
|
|
usurpations, *among which appears no solitary fact to contradict the
|
|
uniform tenor of the rest but all have* [all having] in direct object
|
|
the establishment of an absolute tyranny over these states. To prove
|
|
this let facts be submitted to a candid world *for the truth of which
|
|
we pledge a faith yet unsullied by falsehood.*
|
|
|
|
He has refused his assent to laws the most wholesome &
|
|
necessary for the public good.
|
|
|
|
He has forbidden his governors to pass laws of immediate &
|
|
pressing importance, unless suspended in their operation till his
|
|
assent should be obtained; & when so suspended, he has utterly
|
|
neglected to attend to them.
|
|
|
|
He has refused to pass other laws for the accommodation of
|
|
large districts of people, unless those people would relinquish the
|
|
right of representation in the legislature, a right inestimable to
|
|
them, & formidable to tyrants only.
|
|
|
|
He has called together legislative bodies at places unusual,
|
|
uncomfortable, and distant from the depository of their public
|
|
records, for the sole purpose of fatiguing them into compliance with
|
|
his measures.
|
|
|
|
He has dissolved representative houses repeatedly *&
|
|
continually* for opposing with manly firmness his invasions on the
|
|
rights of the people.
|
|
|
|
He has refused for a long time after such dissolutions to cause
|
|
others to be elected, whereby the legislative powers, incapable of
|
|
annihilation, have returned to the people at large for their
|
|
exercise, the state remaining in the meantime exposed to all the
|
|
dangers of invasion from without & convulsions within.
|
|
|
|
He has endeavored to prevent the population of these states;
|
|
for that purpose obstructing the laws for naturalization of
|
|
foreigners, refusing to pass others to encourage their migrations
|
|
hither, & raising the conditions of new appropriations of lands.
|
|
|
|
He has *suffered* [obstructed] the administration of justice
|
|
*totally to cease in some of these states* [by] refusing his [assent
|
|
to laws for establishing judiciary powers.
|
|
|
|
He has made *our* judges dependant on his will alone, for the
|
|
tenure of their offices, & the amount & paiment of their salaries.
|
|
|
|
He has erected a multitude of new offices *by a self assumed
|
|
power* and sent hither swarms of new officers to harass our people
|
|
and eat out their substance.
|
|
|
|
He has kept among us in times of peace standing armies *and
|
|
ships of war* without the consent of our legislatures.
|
|
|
|
He has affected to render the military independant of, &
|
|
superior to the civil power.
|
|
|
|
He has combined with others to subject us to a jurisdiction
|
|
foreign to our constitutions & unacknowledged by our laws, giving his
|
|
assent to their acts of pretended legislation for quartering large
|
|
bodies of armed troops among us; for protecting them by a mock-trial
|
|
from punishment for any murders which they should commit on the
|
|
inhabitants of these states; for cutting off our trade with all parts
|
|
of the world; for imposing taxes on us without our consent; for
|
|
depriving us [ ] [in many cases] of the benefits of trial by jury;
|
|
for transporting us beyond seas to be tried for pretended offences;
|
|
for abolishing the free system of English laws in a neighboring
|
|
province, establishing therein an arbitrary government, and enlarging
|
|
it's boundaries, so as to render it at once an example and fit
|
|
instrument for introducing the same absolute rule into these *states*
|
|
[colonies]; for taking away our charters, abolishing our most
|
|
valuable laws, and altering fundamentally the forms of our
|
|
governments; for suspending our own legislatures, & declaring
|
|
themselves invested with power to legislate for us in all cases
|
|
whatsoever.
|
|
|
|
He has abdicated government here *withdrawing his governors,
|
|
and declaring us out of his allegiance & protection*. [by declaring
|
|
us out of his protection, and waging war against us.]
|
|
|
|
He has plundered our seas, ravaged our coasts, burnt our towns,
|
|
& destroyed the lives of our people.
|
|
|
|
He is at this time transporting large armies of foreign
|
|
mercenaries to compleat the works of death, desolation & tyranny
|
|
already begun with circumstances of cruelty and perfidy [ ] [scarcely
|
|
paralleled in the most barbarous ages, & totally] unworthy the head
|
|
of a civilized nation.
|
|
|
|
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 & brethren, or to fall themselves by
|
|
their hands.
|
|
|
|
He has [excited domestic insurrection among us, & has]
|
|
endeavored to bring on the inhabitants of our frontiers the merciless
|
|
Indian savages, whose known rule of warfare is an undistinguished
|
|
destruction of all ages, sexes, & conditions *of existence.*
|
|
|
|
*He has incited treasonable insurrections of our
|
|
fellow-citizens, with the allurements of forfeiture & confiscation of
|
|
our property.*
|
|
|
|
*He has waged cruel war against human nature itself, violating
|
|
it's most sacred rights of life and liberty in the persons of a
|
|
distant people who never offended him, captivating & carrying them
|
|
into slavery in another hemisphere, or to incur miserable death in
|
|
their transportation thither. This piratical warfare, the opprobium
|
|
of INFIDEL powers, is the warfare of the CHRISTIAN king of Great
|
|
Britain. Determined to keep open a market where MEN should be bought
|
|
& sold, he has prostituted his negative for suppressing every
|
|
legislative attempt to prohibit or to restrain this execrable
|
|
commerce. And that this assemblage of horrors might want no fact of
|
|
distinguished die, he is now exciting those very people to rise in
|
|
arms among us, and to purchase that liberty of which he has deprived
|
|
them, by murdering the people on whom he also obtruded them: thus
|
|
paying off former crimes committed against the LIBERTIES of one
|
|
people, with crimes which he urges them to commit against the LIVES
|
|
of another.*
|
|
|
|
In every stage of these oppressions we have petitioned for
|
|
redress in the most humble terms: our repeated petitions have been
|
|
answered only by repeated injuries.
|
|
|
|
A prince whose character is thus marked by every act which may
|
|
define a tyrant is unfit to be the ruler of a [ ] [free] people *who
|
|
mean to be free. Future ages will scarcely believe that the
|
|
hardiness of one man adventured, within the short compass of twelve
|
|
years only, to lay a foundation so broad & so undisguised for tyranny
|
|
over a people fostered & fixed in principles of freedom.*
|
|
|
|
Nor have we been wanting in attentions to our British brethren.
|
|
We have warned them from time to time of attempts by their
|
|
legislature to extend *a* [an unwarrantable] jurisdiction over *these
|
|
our states* [us]. We have reminded them of the circumstances of our
|
|
emigration & settlement here, *no one of which could warrant so
|
|
strange a pretension: that these were effected at the expense of our
|
|
own blood & treasure, unassisted by the wealth or the strength of
|
|
Great Britain: that in constituting indeed our several forms of
|
|
government, we had adopted one common king, thereby laying a
|
|
foundation for perpetual league & amity with them: but that
|
|
submission to their parliament was no part of our constitution, nor
|
|
ever in idea, if history may be credited: and*, we [ ] [have]
|
|
appealed to their native justice and magnanimity *as well as to* [and
|
|
we have conjured them by] the ties of our common kindred to disavow
|
|
these usurpations which *were likely to* [would inevitably] interrupt
|
|
our connection and correspondence. They too have been deaf to the
|
|
voice of justice & of consanguinity, *and when occasions have been
|
|
given them, by the regular course of their laws, of removing from
|
|
their councils the disturbers of our harmony, they have, by their
|
|
free election, re-established them in power. At this very time too
|
|
they are permitting their chief magistrate to send over not only
|
|
soldiers of our common blood, but Scotch & foreign mercenaries to
|
|
invade & destroy us. These facts have given the last stab to
|
|
agonizing affection, and manly spirit bids us to renounce forever
|
|
these unfeeling brethren. We must [We must therefore] endeavor to
|
|
forget our former love for them, and hold them as we hold the rest of
|
|
mankind, enemies in war, in peace friends. We might have been a free
|
|
and a great people together; but a communication of grandeur & of
|
|
freedom it seems is below their dignity. Be it so, since they will
|
|
have it. The road to happiness & to glory is open to us too. We
|
|
will tread it apart from them, and* acquiesce in the necessity which
|
|
denounces our *eternal* separation [ ] [and hold them as we hold the
|
|
rest of mankind, enemies in war, in peace friends.]!
|
|
|
|
We therefore the representatives We therefore the
|
|
representatives
|
|
of the United States of of the United States of
|
|
America in General Congress America in General Congress
|
|
assembled do in the name & assembled, appealing to the
|
|
by authority of the good supreme judge of the world
|
|
people of these *states reject for the rectitude of our
|
|
& renounce all allegiance & intentions, do in the name, & by
|
|
subjection to the kings of the authority of the good
|
|
Great Britain & all others people of these colonies,
|
|
who may hereafter claim by, solemnly publish & declare that
|
|
through or under them: we these united colonies are &
|
|
utterly dissolve all political* of right ought to be free &
|
|
|
|
*connection which may independent states; that they
|
|
heretofore have subsisted are absolved from all allegiance
|
|
between us & the people or to the British crown,
|
|
parliament of Great Britain: and that all political
|
|
& finally we do assert & connection between them & the
|
|
declare these colonies to be free state of Great Britain is, &
|
|
& independent states,* & that ought to be, totally
|
|
as free & independent states, dissolved; & that as free &
|
|
they have full power to levy independent states they have
|
|
war, conclude peace, contract full power to levy war,
|
|
alliances, establish commerce, conclude peace, contract
|
|
& to do all other acts & alliances, establish commerce &
|
|
things which independent to do all other acts & things
|
|
states may of right do. which independent states
|
|
may of right do.
|
|
|
|
And for the support of And for the support of this
|
|
this declaration we mutually declaration, with a firm
|
|
pledge to each other our reliance on the protection of
|
|
lives, our fortunes, & our divine providence we mutually
|
|
sacred honor. pledge to each other our
|
|
lives, our fortunes, & our
|
|
sacred honor.
|
|
|
|
|
|
The Declaration thus signed on the 4th, on paper was engrossed
|
|
on parchment, & signed again on the 2d. of August.
|
|
|
|
|
|
Some erroneous statements of the proceedings on the declaration
|
|
of independence having got before the public in latter times, Mr.
|
|
Samuel A. Wells asked explanations of me, which are given in my
|
|
letter to him of May 12. 19. before and now again referred to. I
|
|
took notes in my place while these things were going on, and at their
|
|
close wrote them out in form and with correctness and from 1 to 7 of
|
|
the two preceding sheets are the originals then written; as the two
|
|
following are of the earlier debates on the Confederation, which I
|
|
took in like manner.
|
|
|
|
On Friday July 12. the Committee appointed to draw the articles
|
|
of confederation reported them, and on the 22d. the house resolved
|
|
themselves into a committee to take them into consideration. On the
|
|
30th. & 31st. of that month & 1st. of the ensuing, those articles
|
|
were debated which determined the proportion or quota of money which
|
|
each state should furnish to the common treasury, and the manner of
|
|
voting in Congress. The first of these articles was expressed in the
|
|
original draught in these words. "Art. XI. All charges of war & all
|
|
other expenses that shall be incurred for the common defence, or
|
|
general welfare, and allowed by the United States assembled, shall be
|
|
defrayed out of a common treasury, which shall be supplied by the
|
|
several colonies in proportion to the number of inhabitants of every
|
|
age, sex & quality, except Indians not paying taxes, in each colony,
|
|
a true account of which, distinguishing the white inhabitants, shall
|
|
be triennially taken & transmitted to the Assembly of the United
|
|
States."
|
|
|
|
Mr. [Samuel] Chase moved that the quotas should be fixed, not
|
|
by the number of inhabitants of every condition, but by that of the
|
|
"white inhabitants." He admitted that taxation should be alwais in
|
|
proportion to property, that this was in theory the true rule, but
|
|
that from a variety of difficulties, it was a rule which could never
|
|
be adopted in practice. The value of the property in every State
|
|
could never be estimated justly & equally. Some other measure for
|
|
the wealth of the State must therefore be devised, some standard
|
|
referred to which would be more simple. He considered the number of
|
|
inhabitants as a tolerably good criterion of property, and that this
|
|
might alwais be obtained. He therefore thought it the best mode
|
|
which we could adopt, with one exception only. He observed that
|
|
negroes are property, and as such cannot be distinguished from the
|
|
lands or personalities held in those States where there are few
|
|
slaves, that the surplus of profit which a Northern farmer is able to
|
|
lay by, he invests in cattle, horses, &c. whereas a Southern farmer
|
|
lays out that same surplus in slaves. There is no more reason
|
|
therefore for taxing the Southern states on the farmer's head, & on
|
|
his slave's head, than the Northern ones on their farmer's heads &
|
|
the heads of their cattle, that the method proposed would therefore
|
|
tax the Southern states according to their numbers & their wealth
|
|
conjunctly, while the Northern would be taxed on numbers only: that
|
|
negroes in fact should not be considered as members of the state more
|
|
than cattle & that they have no more interest in it.
|
|
|
|
Mr. John Adams observed that the numbers of people were taken
|
|
by this article as an index of the wealth of the state, & not as
|
|
subjects of taxation, that as to this matter it was of no consequence
|
|
by what name you called your people, whether by that of freemen or of
|
|
slaves. That in some countries the labouring poor were called
|
|
freemen, in others they were called slaves; but that the difference
|
|
as to the state was imaginary only. What matters it whether a
|
|
landlord employing ten labourers in his farm, gives them annually as
|
|
much money as will buy them the necessaries of life, or gives them
|
|
those necessaries at short hand. The ten labourers add as much
|
|
wealth annually to the state, increase it's exports as much in the
|
|
one case as the other. Certainly 500 freemen produce no more
|
|
profits, no greater surplus for the paiment of taxes than 500 slaves.
|
|
Therefore the state in which are the labourers called freemen should
|
|
be taxed no more than that in which are those called slaves. Suppose
|
|
by any extraordinary operation of nature or of law one half the
|
|
labourers of a state could in the course of one night be transformed
|
|
into slaves: would the state be made the poorer or the less able to
|
|
pay taxes? That the condition of the laboring poor in most
|
|
countries, that of the fishermen particularly of the Northern states,
|
|
is as abject as that of slaves. It is the number of labourers which
|
|
produce the surplus for taxation, and numbers therefore
|
|
indiscriminately, are the fair index of wealth. That it is the use
|
|
of the word "property" here, & it's application to some of the people
|
|
of the state, which produces the fallacy. How does the Southern
|
|
farmer procure slaves? Either by importation or by purchase from his
|
|
neighbor. If he imports a slave, he adds one to the number of
|
|
labourers in his country, and proportionably to it's profits &
|
|
abilities to pay taxes. If he buys from his neighbor it is only a
|
|
transfer of a labourer from one farm to another, which does not
|
|
change the annual produce of the state, & therefore should not change
|
|
it's tax. That if a Northern farmer works ten labourers on his farm,
|
|
he can, it is true, invest the surplus of ten men's labour in cattle:
|
|
but so may the Southern farmer working ten slaves. That a state of
|
|
one hundred thousand freemen can maintain no more cattle than one of
|
|
one hundred thousand slaves. Therefore they have no more of that
|
|
kind of property. That a slave may indeed from the custom of speech
|
|
be more properly called the wealth of his master, than the free
|
|
labourer might be called the wealth of his employer: but as to the
|
|
state, both were equally it's wealth, and should therefore equally
|
|
add to the quota of it's tax.
|
|
|
|
Mr. [Benjamin] Harrison proposed as a compromise, that two
|
|
slaves should be counted as one freeman. He affirmed that slaves did
|
|
not do so much work as freemen, and doubted if two effected more than
|
|
one. That this was proved by the price of labor. The hire of a
|
|
labourer in the Southern colonies being from 8 to pound 12. while in
|
|
the Northern it was generally pound 24.
|
|
|
|
Mr. [James] Wilson said that if this amendment should take
|
|
place the Southern colonies would have all the benefit of slaves,
|
|
whilst the Northern ones would bear the burthen. That slaves
|
|
increase the profits of a state, which the Southern states mean to
|
|
take to themselves; that they also increase the burthen of defence,
|
|
which would of course fall so much the heavier on the Northern. That
|
|
slaves occupy the places of freemen and eat their food. Dismiss your
|
|
slaves & freemen will take their places. It is our duty to lay every
|
|
discouragement on the importation of slaves; but this amendment would
|
|
give the jus trium liberorum to him who would import slaves. That
|
|
other kinds of property were pretty equally distributed thro' all the
|
|
colonies: there were as many cattle, horses, & sheep, in the North as
|
|
the South, & South as the North; but not so as to slaves. That
|
|
experience has shown that those colonies have been alwais able to pay
|
|
most which have the most inhabitants, whether they be black or white,
|
|
and the practice of the Southern colonies has alwais been to make
|
|
every farmer pay poll taxes upon all his labourers whether they be
|
|
black or white. He acknowledges indeed that freemen work the most;
|
|
but they consume the most also. They do not produce a greater
|
|
surplus for taxation. The slave is neither fed nor clothed so
|
|
expensively as a freeman. Again white women are exempted from labor
|
|
generally, but negro women are not. In this then the Southern states
|
|
have an advantage as the article now stands. It has sometimes been
|
|
said that slavery is necessary because the commodities they raise
|
|
would be too dear for market if cultivated by freemen; but now it is
|
|
said that the labor of the slave is the dearest.
|
|
|
|
Mr. Payne urged the original resolution of Congress, to
|
|
proportion the quotas of the states to the number of souls.
|
|
|
|
Dr. [John] Witherspoon was of opinion that the value of lands &
|
|
houses was the best estimate of the wealth of a nation, and that it
|
|
was practicable to obtain such a valuation. This is the true
|
|
barometer of wealth. The one now proposed is imperfect in itself,
|
|
and unequal between the States. It has been objected that negroes
|
|
eat the food of freemen & therefore should be taxed. Horses also eat
|
|
the food of freemen; therefore they also should be taxed. It has
|
|
been said too that in carrying slaves into the estimate of the taxes
|
|
the state is to pay, we do no more than those states themselves do,
|
|
who alwais take slaves into the estimate of the taxes the individual
|
|
is to pay. But the cases are not parallel. In the Southern colonies
|
|
slaves pervade the whole colony; but they do not pervade the whole
|
|
continent. That as to the original resolution of Congress to
|
|
proportion the quotas according to the souls, it was temporary only,
|
|
& related to the monies heretofore emitted: whereas we are now
|
|
entering into a new compact, and therefore stand on original ground.
|
|
|
|
Aug 1. The question being put the amendment proposed was
|
|
rejected by the votes of N. Hampshire, Massachusetts, Rhode island,
|
|
Connecticut, N. York, N. Jersey, & Pennsylvania, against those of
|
|
Delaware, Maryland, Virginia, North & South Carolina. Georgia was
|
|
divided.
|
|
|
|
The other article was in these words. "Art. XVII. In
|
|
determining questions each colony shall have one vote."
|
|
|
|
|
|
July 30. 31. Aug 1. Present 41. members. Mr. Chase observed
|
|
that this article was the most likely to divide us of any one
|
|
proposed in the draught then under consideration. That the larger
|
|
colonies had threatened they would not confederate at all if their
|
|
weight in congress should not be equal to the numbers of people they
|
|
added to the confederacy; while the smaller ones declared against a
|
|
union if they did not retain an equal vote for the protection of
|
|
their rights. That it was of the utmost consequence to bring the
|
|
parties together, as should we sever from each other, either no
|
|
foreign power will ally with us at all, or the different states will
|
|
form different alliances, and thus increase the horrors of those
|
|
scenes of civil war and bloodshed which in such a state of separation
|
|
& independance would render us a miserable people. That our
|
|
importance, our interests, our peace required that we should
|
|
confederate, and that mutual sacrifices should be made to effect a
|
|
compromise of this difficult question. He was of opinion the smaller
|
|
colonies would lose their rights, if they were not in some instances
|
|
allowed an equal vote; and therefore that a discrimination should
|
|
take place among the questions which would come before Congress.
|
|
That the smaller states should be secured in all questions concerning
|
|
life or liberty & the greater ones in all respecting property. He
|
|
therefore proposed that in votes relating to money, the voice of each
|
|
colony should be proportioned to the number of its inhabitants.
|
|
|
|
Dr. Franklin thought that the votes should be so proportioned
|
|
in all cases. He took notice that the Delaware counties had bound up
|
|
their Delegates to disagree to this article. He thought it a very
|
|
extraordinary language to be held by any state, that they would not
|
|
confederate with us unless we would let them dispose of our money.
|
|
Certainly if we vote equally we ought to pay equally; but the smaller
|
|
states will hardly purchase the privilege at this price. That had he
|
|
lived in a state where the representation, originally equal, had
|
|
become unequal by time & accident he might have submitted rather than
|
|
disturb government; but that we should be very wrong to set out in
|
|
this practice when it is in our power to establish what is right.
|
|
That at the time of the Union between England and Scotland the latter
|
|
had made the objection which the smaller states now do. But
|
|
experience had proved that no unfairness had ever been shown them.
|
|
That their advocates had prognosticated that it would again happen as
|
|
in times of old, that the whale would swallow Jonas, but he thought
|
|
the prediction reversed in event and that Jonas had swallowed the
|
|
whale, for the Scotch had in fact got possession of the government
|
|
and gave laws to the English. He reprobated the original agreement
|
|
of Congress to vote by colonies and therefore was for their voting in
|
|
all cases according to the number of taxables.
|
|
|
|
|
|
Dr. Witherspoon opposed every alteration of the article. All
|
|
men admit that a confederacy is necessary. Should the idea get
|
|
abroad that there is likely to be no union among us, it will damp the
|
|
minds of the people, diminish the glory of our struggle, & lessen
|
|
it's importance; because it will open to our view future prospects of
|
|
war & dissension among ourselves. If an equal vote be refused, the
|
|
smaller states will become vassals to the larger; & all experience
|
|
has shown that the vassals & subjects of free states are the most
|
|
enslaved. He instanced the Helots of Sparta & the provinces of Rome.
|
|
He observed that foreign powers discovering this blemish would make
|
|
it a handle for disengaging the smaller states from so unequal a
|
|
confederacy. That the colonies should in fact be considered as
|
|
individuals; and that as such, in all disputes they should have an
|
|
equal vote; that they are now collected as individuals making a
|
|
bargain with each other, & of course had a right to vote as
|
|
individuals. That in the East India company they voted by persons, &
|
|
not by their proportion of stock. That the Belgic confederacy voted
|
|
by provinces. That in questions of war the smaller states were as
|
|
much interested as the larger, & therefore should vote equally; and
|
|
indeed that the larger states were more likely to bring war on the
|
|
confederacy in proportion as their frontier was more extensive. He
|
|
admitted that equality of representation was an excellent principle,
|
|
but then it must be of things which are coordinate; that is, of
|
|
things similar & of the same nature: that nothing relating to
|
|
individuals could ever come before Congress; nothing but what would
|
|
respect colonies. He distinguished between an incorporating & a
|
|
federal union. The union of England was an incorporating one; yet
|
|
Scotland had suffered by that union: for that it's inhabitants were
|
|
drawn from it by the hopes of places & employments. Nor was it an
|
|
instance of equality of representation; because while Scotland was
|
|
allowed nearly a thirteenth of representation they were to pay only
|
|
one fortieth of the land tax. He expressed his hopes that in the
|
|
present enlightened state of men's minds we might expect a lasting
|
|
confederacy, if it was founded on fair principles.
|
|
|
|
John Adams advocated the voting in proportion to numbers. He
|
|
said that we stand here as the representatives of the people. That
|
|
in some states the people are many, in others they are few; that
|
|
therefore their vote here should be proportioned to the numbers from
|
|
whom it comes. Reason, justice, & equity never had weight enough on
|
|
the face of the earth to govern the councils of men. It is interest
|
|
alone which does it, and it is interest alone which can be trusted.
|
|
That therefore the interests within doors should be the mathematical
|
|
representatives of the interests without doors. That the
|
|
individuality of the colonies is a mere sound. Does the
|
|
individuality of a colony increase it's wealth or numbers. If it
|
|
does, pay equally. If it does not add weight in the scale of the
|
|
confederacy, it cannot add to their rights, nor weigh in argument.
|
|
A. has pound 50. B. pound 500. C. pound 1000. in partnership. Is it
|
|
just they should equally dispose of the monies of the partnership?
|
|
It has been said we are independent individuals making a bargain
|
|
together. The question is not what we are now, but what we ought to
|
|
be when our bargain shall be made. The confederacy is to make us one
|
|
individual only; it is to form us, like separate parcels of metal,
|
|
into one common mass. We shall no longer retain our separate
|
|
individuality, but become a single individual as to all questions
|
|
submitted to the confederacy. Therefore all those reasons which
|
|
prove the justice & expediency of equal representation in other
|
|
assemblies, hold good here. It has been objected that a proportional
|
|
vote will endanger the smaller states. We answer that an equal vote
|
|
will endanger the larger. Virginia, Pennsylvania, & Massachusetts
|
|
are the three greater colonies. Consider their distance, their
|
|
difference of produce, of interests & of manners, & it is apparent
|
|
they can never have an interest or inclination to combine for the
|
|
oppression of the smaller. That the smaller will naturally divide on
|
|
all questions with the larger. Rhode isld, from it's relation,
|
|
similarity & intercourse will generally pursue the same objects with
|
|
Massachusetts; Jersey, Delaware & Maryland, with Pennsylvania.
|
|
|
|
Dr. [Benjamin] Rush took notice that the decay of the liberties
|
|
of the Dutch republic proceeded from three causes. 1. The perfect
|
|
unanimity requisite on all occasions. 2. Their obligation to consult
|
|
their constituents. 3. Their voting by provinces. This last
|
|
destroyed the equality of representation, and the liberties of great
|
|
Britain also are sinking from the same defect. That a part of our
|
|
rights is deposited in the hands of our legislatures. There it was
|
|
admitted there should be an equality of representation. Another part
|
|
of our rights is deposited in the hands of Congress: why is it not
|
|
equally necessary there should be an equal representation there?
|
|
Were it possible to collect the whole body of the people together,
|
|
they would determine the questions submitted to them by their
|
|
majority. Why should not the same majority decide when voting here
|
|
by their representatives? The larger colonies are so providentially
|
|
divided in situation as to render every fear of their combining
|
|
visionary. Their interests are different, & their circumstances
|
|
dissimilar. It is more probable they will become rivals & leave it
|
|
in the power of the smaller states to give preponderance to any scale
|
|
they please. The voting by the number of free inhabitants will have
|
|
one excellent effect, that of inducing the colonies to discourage
|
|
slavery & to encourage the increase of their free inhabitants.
|
|
|
|
Mr. [Stephen] Hopkins observed there were 4 larger, 4 smaller,
|
|
& 4 middle-sized colonies. That the 4 largest would contain more
|
|
than half the inhabitants of the confederated states, & therefore
|
|
would govern the others as they should please. That history affords
|
|
no instance of such a thing as equal representation. The Germanic
|
|
body votes by states. The Helvetic body does the same; & so does the
|
|
Belgic confederacy. That too little is known of the ancient
|
|
confederations to say what was their practice.
|
|
|
|
Mr. Wilson thought that taxation should be in proportion to
|
|
wealth, but that representation should accord with the number of
|
|
freemen. That government is a collection or result of the wills of
|
|
all. That if any government could speak the will of all, it would be
|
|
perfect; and that so far as it departs from this it becomes
|
|
imperfect. It has been said that Congress is a representation of
|
|
states; not of individuals. I say that the objects of its care are
|
|
all the individuals of the states. It is strange that annexing the
|
|
name of "State" to ten thousand men, should give them an equal right
|
|
with forty thousand. This must be the effect of magic, not of
|
|
reason. As to those matters which are referred to Congress, we are
|
|
not so many states, we are one large state. We lay aside our
|
|
individuality, whenever we come here. The Germanic body is a
|
|
burlesque on government; and their practice on any point is a
|
|
sufficient authority & proof that it is wrong. The greatest
|
|
imperfection in the constitution of the Belgic confederacy is their
|
|
voting by provinces. The interest of the whole is constantly
|
|
sacrificed to that of the small states. The history of the war in
|
|
the reign of Q. Anne sufficiently proves this. It is asked shall
|
|
nine colonies put it into the power of four to govern them as they
|
|
please? I invert the question, and ask shall two millions of people
|
|
put it in the power of one million to govern them as they please? It
|
|
is pretended too that the smaller colonies will be in danger from the
|
|
greater. Speak in honest language & say the minority will be in
|
|
danger from the majority. And is there an assembly on earth where
|
|
this danger may not be equally pretended? The truth is that our
|
|
proceedings will then be consentaneous with the interests of the
|
|
majority, and so they ought to be. The probability is much greater
|
|
that the larger states will disagree than that they will combine. I
|
|
defy the wit of man to invent a possible case or to suggest any one
|
|
thing on earth which shall be for the interests of Virginia,
|
|
Pennsylvania & Massachusetts, and which will not also be for the
|
|
interest of the other states.
|
|
|
|
* * *
|
|
|
|
These articles reported July 12. 76 were debated from day to
|
|
day, & time to time for two years, were ratified July 9, '78, by 10
|
|
states, by N. Jersey on the 26th. of Nov. of the same year, and by
|
|
Delaware on the 23d. of Feb. following. Maryland alone held off 2
|
|
years more, acceding to them Mar 1, 81. and thus closing the
|
|
obligation.
|
|
|
|
Our delegation had been renewed for the ensuing year commencing
|
|
Aug. 11. but the new government was now organized, a meeting of the
|
|
legislature was to be held in Oct. and I had been elected a member by
|
|
my county. I knew that our legislation under the regal government
|
|
had many very vicious points which urgently required reformation, and
|
|
I thought I could be of more use in forwarding that work. I
|
|
therefore retired from my seat in Congress on the 2d. of Sep.
|
|
resigned it, and took my place in the legislature of my state, on the
|
|
7th. of October.
|
|
|
|
On the 11th. I moved for leave to bring in a bill for the
|
|
establishmt of courts of justice, the organization of which was of
|
|
importance; I drew the bill it was approved by the commee, reported
|
|
and passed after going thro' it's due course.
|
|
|
|
On the 12th. I obtained leave to bring in a bill declaring
|
|
tenants in tail to hold their lands in fee simple. In the earlier
|
|
times of the colony when lands were to be obtained for little or
|
|
nothing, some provident individuals procured large grants, and,
|
|
desirous of founding great families for themselves, settled them on
|
|
their descendants in fee-tail. The transmission of this property
|
|
from generation to generation in the same name raised up a distinct
|
|
set of families who, being privileged by law in the perpetuation of
|
|
their wealth were thus formed into a Patrician order, distinguished
|
|
by the splendor and luxury of their establishments. From this order
|
|
too the king habitually selected his Counsellors of State, the hope
|
|
of which distinction devoted the whole corps to the interests & will
|
|
of the crown. To annul this privilege, and instead of an aristocracy
|
|
of wealth, of more harm and danger, than benefit, to society, to make
|
|
an opening for the aristocracy of virtue and talent, which nature has
|
|
wisely provided for the direction of the interests of society, &
|
|
scattered with equal hand through all it's conditions, was deemed
|
|
essential to a well ordered republic. To effect it no violence was
|
|
necessary, no deprivation of natural right, but rather an enlargement
|
|
of it by a repeal of the law. For this would authorize the present
|
|
holder to divide the property among his children equally, as his
|
|
affections were divided; and would place them, by natural generation
|
|
on the level of their fellow citizens. But this repeal was strongly
|
|
opposed by Mr. Pendleton, who was zealously attached to ancient
|
|
establishments; and who, taken all in all, was the ablest man in
|
|
debate I have ever met with. He had not indeed the poetical fancy of
|
|
Mr. Henry, his sublime imagination, his lofty and overwhelming
|
|
diction; but he was cool, smooth and persuasive; his language
|
|
flowing, chaste & embellished, his conceptions quick, acute and full
|
|
of resource; never vanquished; for if he lost the main battle, he
|
|
returned upon you, and regained so much of it as to make it a drawn
|
|
one, by dexterous man;oeuvres, skirmishes in detail, and the recovery
|
|
of small advantages which, little singly, were important altogether.
|
|
You never knew when you were clear of him, but were harassed by his
|
|
perseverance until the patience was worn down of all who had less of
|
|
it than himself. Add to this that he was one of the most virtuous &
|
|
benevolent of men, the kindest friend, the most amiable & pleasant of
|
|
companions, which ensured a favorable reception to whatever came from
|
|
him. Finding that the general principle of entails could not be
|
|
maintained, he took his stand on an amendment which he proposed,
|
|
instead of an absolute abolition, to permit the tenant in tail to
|
|
convey in fee simple, if he chose it: and he was within a few votes
|
|
of saving so much of the old law. But the bill passed finally for
|
|
entire abolition.
|
|
|
|
In that one of the bills for organizing our judiciary system
|
|
which proposed a court of chancery, I had provided for a trial by
|
|
jury of all matters of fact in that as well as in the courts of law.
|
|
He defeated it by the introduction of 4. words only, _"if either
|
|
party chuse."_ The consequence has been that as no suitor will say to
|
|
his judge, "Sir, I distrust you, give me a jury" juries are rarely, I
|
|
might say perhaps never seen in that court, but when called for by
|
|
the Chancellor of his own accord.
|
|
|
|
The first establishment in Virginia which became permanent was
|
|
made in 1607. I have found no mention of negroes in the colony until
|
|
about 1650. The first brought here as slaves were by a Dutch ship;
|
|
after which the English commenced the trade and continued it until
|
|
the revolutionary war. That suspended, ipso facto, their further
|
|
importation for the present, and the business of the war pressing
|
|
constantly on the legislature, this subject was not acted on finally
|
|
until the year 78. when I brought in a bill to prevent their further
|
|
importation. This passed without opposition, and stopped the
|
|
increase of the evil by importation, leaving to future efforts its
|
|
final eradication.
|
|
|
|
The first settlers of this colony were Englishmen, loyal
|
|
subjects to their king and church, and the grant to Sr. Walter
|
|
Raleigh contained an express Proviso that their laws "should not be
|
|
against the true Christian faith, now professed in the church of
|
|
England." As soon as the state of the colony admitted, it was divided
|
|
into parishes, in each of which was established a minister of the
|
|
Anglican church, endowed with a fixed salary, in tobacco, a glebe
|
|
house and land with the other necessary appendages. To meet these
|
|
expenses all the inhabitants of the parishes were assessed, whether
|
|
they were or not, members of the established church. Towards Quakers
|
|
who came here they were most cruelly intolerant, driving them from
|
|
the colony by the severest penalties. In process of time however,
|
|
other sectarisms were introduced, chiefly of the Presbyterian family;
|
|
and the established clergy, secure for life in their glebes and
|
|
salaries, adding to these generally the emoluments of a classical
|
|
school, found employment enough, in their farms and schoolrooms for
|
|
the rest of the week, and devoted Sunday only to the edification of
|
|
their flock, by service, and a sermon at their parish church. Their
|
|
other pastoral functions were little attended to. Against this
|
|
inactivity the zeal and industry of sectarian preachers had an open
|
|
and undisputed field; and by the time of the revolution, a majority
|
|
of the inhabitants had become dissenters from the established church,
|
|
but were still obliged to pay contributions to support the Pastors of
|
|
the minority. This unrighteous compulsion to maintain teachers of
|
|
what they deemed religious errors was grievously felt during the
|
|
regal government, and without a hope of relief. But the first
|
|
republican legislature which met in 76. was crowded with petitions to
|
|
abolish this spiritual tyranny. These brought on the severest
|
|
contests in which I have ever been engaged. Our great opponents were
|
|
Mr. Pendleton & Robert Carter Nicholas, honest men, but zealous
|
|
churchmen. The petitions were referred to the commee of the whole
|
|
house on the state of the country; and after desperate contests in
|
|
that committee, almost daily from the 11th of Octob. to the 5th of
|
|
December, we prevailed so far only as to repeal the laws which
|
|
rendered criminal the maintenance of any religious opinions, the
|
|
forbearance of repairing to church, or the exercise of any mode of
|
|
worship: and further, to exempt dissenters from contributions to the
|
|
support of the established church; and to suspend, only until the
|
|
next session levies on the members of that church for the salaries of
|
|
their own incumbents. For although the majority of our citizens were
|
|
dissenters, as has been observed, a majority of the legislature were
|
|
churchmen. Among these however were some reasonable and liberal men,
|
|
who enabled us, on some points, to obtain feeble majorities. But our
|
|
opponents carried in the general resolutions of the commee of Nov.
|
|
19. a declaration that religious assemblies ought to be regulated,
|
|
and that provision ought to be made for continuing the succession of
|
|
the clergy, and superintending their conduct. And in the bill now
|
|
passed was inserted an express reservation of the question Whether a
|
|
general assessment should not be established by law, on every one, to
|
|
the support of the pastor of his choice; or whether all should be
|
|
left to voluntary contributions; and on this question, debated at
|
|
every session from 76 to 79 (some of our dissenting allies, having
|
|
now secured their particular object, going over to the advocates of a
|
|
general assessment) we could only obtain a suspension from session to
|
|
session until 79. when the question against a general assessment was
|
|
finally carried, and the establishment of the Anglican church
|
|
entirely put down. In justice to the two honest but zealous
|
|
opponents, who have been named I must add that altho', from their
|
|
natural temperaments, they were more disposed generally to acquiesce
|
|
in things as they are, than to risk innovations, yet whenever the
|
|
public will had once decided, none were more faithful or exact in
|
|
their obedience to it.
|
|
|
|
The seat of our government had been originally fixed in the
|
|
peninsula of Jamestown, the first settlement of the colonists; and
|
|
had been afterwards removed a few miles inland to Williamsburg. But
|
|
this was at a time when our settlements had not extended beyond the
|
|
tide water. Now they had crossed the Alleghany; and the center of
|
|
population was very far removed from what it had been. Yet
|
|
Williamsburg was still the depository of our archives, the habitual
|
|
residence of the Governor & many other of the public functionaries,
|
|
the established place for the sessions of the legislature, and the
|
|
magazine of our military stores: and it's situation was so exposed
|
|
that it might be taken at any time in war, and, at this time
|
|
particularly, an enemy might in the night run up either of the rivers
|
|
between which it lies, land a force above, and take possession of the
|
|
place, without the possibility of saving either persons or things. I
|
|
had proposed it's removal so early as Octob. 76. but it did not
|
|
prevail until the session of May. '79.
|
|
|
|
Early in the session of May 79. I prepared, and obtained leave
|
|
to bring in a bill declaring who should be deemed citizens, asserting
|
|
the natural right of expatriation, and prescribing the mode of
|
|
exercising it. This, when I withdrew from the house on the 1st of
|
|
June following, I left in the hands of George Mason and it was passed
|
|
on the 26th of that month.
|
|
|
|
In giving this account of the laws of which I was myself the
|
|
mover & draughtsman, I by no means mean to claim to myself the merit
|
|
of obtaining their passage. I had many occasional and strenuous
|
|
coadjutors in debate, and one most steadfast, able, and zealous; who
|
|
was himself a host. This was George Mason, a man of the first order
|
|
of wisdom among those who acted on the theatre of the revolution, of
|
|
expansive mind, profound judgment, cogent in argument, learned in the
|
|
lore of our former constitution, and earnest for the republican
|
|
change on democratic principles. His elocution was neither flowing
|
|
nor smooth, but his language was strong, his manner most impressive,
|
|
and strengthened by a dash of biting cynicism when provocation made
|
|
it seasonable.
|
|
|
|
Mr. Wythe, while speaker in the two sessions of 1777. between
|
|
his return from Congress and his appointment to the Chancery, was an
|
|
able and constant associate in whatever was before a committee of the
|
|
whole. His pure integrity, judgment and reasoning powers gave him
|
|
great weight. Of him see more in some notes inclosed in my letter of
|
|
August 31. 1821, to Mr. John Saunderson.
|
|
|
|
Mr. Madison came into the House in 1776. a new member and
|
|
young; which circumstances, concurring with his extreme modesty,
|
|
prevented his venturing himself in debate before his removal to the
|
|
Council of State in Nov. 77. From thence he went to Congress, then
|
|
consisting of few members. Trained in these successive schools, he
|
|
acquired a habit of self-possession which placed at ready command the
|
|
rich resources of his luminous and discriminating mind, & of his
|
|
extensive information, and rendered him the first of every assembly
|
|
afterwards of which he became a member. Never wandering from his
|
|
subject into vain declamation, but pursuing it closely in language
|
|
pure, classical, and copious, soothing always the feelings of his
|
|
adversaries by civilities and softness of expression, he rose to the
|
|
eminent station which he held in the great National convention of
|
|
1787. and in that of Virginia which followed, he sustained the new
|
|
constitution in all its parts, bearing off the palm against the logic
|
|
of George Mason, and the fervid declamation of Mr. Henry. With these
|
|
consummate powers were united a pure and spotless virtue which no
|
|
calumny has ever attempted to sully. Of the powers and polish of his
|
|
pen, and of the wisdom of his administration in the highest office of
|
|
the nation, I need say nothing. They have spoken, and will forever
|
|
speak for themselves.
|
|
|
|
So far we were proceeding in the details of reformation only;
|
|
selecting points of legislation prominent in character & principle,
|
|
urgent, and indicative of the strength of the general pulse of
|
|
reformation. When I left Congress, in 76. it was in the persuasion
|
|
that our whole code must be reviewed, adapted to our republican form
|
|
of government, and, now that we had no negatives of Councils,
|
|
Governors & Kings to restrain us from doing right, that it should be
|
|
corrected, in all it's parts, with a single eye to reason, & the good
|
|
of those for whose government it was framed. Early therefore in the
|
|
session of 76. to which I returned, I moved and presented a bill for
|
|
the revision of the laws; which was passed on the 24th. of October,
|
|
and on the 5th. of November Mr. Pendleton, Mr. Wythe, George Mason,
|
|
Thomas L. Lee and myself were appointed a committee to execute the
|
|
work. We agreed to meet at Fredericksburg to settle the plan of
|
|
operation and to distribute the work. We met there accordingly, on
|
|
the 13th. of January 1777. The first question was whether we should
|
|
propose to abolish the whole existing system of laws, and prepare a
|
|
new and complete Institute, or preserve the general system, and only
|
|
modify it to the present state of things. Mr. Pendleton, contrary to
|
|
his usual disposition in favor of antient things, was for the former
|
|
proposition, in which he was joined by Mr. Lee. To this it was
|
|
objected that to abrogate our whole system would be a bold measure,
|
|
and probably far beyond the views of the legislature; that they had
|
|
been in the practice of revising from time to time the laws of the
|
|
colony, omitting the expired, the repealed and the obsolete, amending
|
|
only those retained, and probably meant we should now do the same,
|
|
only including the British statutes as well as our own: that to
|
|
compose a new Institute like those of Justinian and Bracton, or that
|
|
of Blackstone, which was the model proposed by Mr. Pendleton, would
|
|
be an arduous undertaking, of vast research, of great consideration &
|
|
judgment; and when reduced to a text, every word of that text, from
|
|
the imperfection of human language, and it's incompetence to express
|
|
distinctly every shade of idea, would become a subject of question &
|
|
chicanery until settled by repeated adjudications; that this would
|
|
involve us for ages in litigation, and render property uncertain
|
|
until, like the statutes of old, every word had been tried, and
|
|
settled by numerous decisions, and by new volumes of reports &
|
|
commentaries; and that no one of us probably would undertake such a
|
|
work, which, to be systematical, must be the work of one hand. This
|
|
last was the opinion of Mr. Wythe, Mr. Mason & myself. When we
|
|
proceeded to the distribution of the work, Mr. Mason excused himself
|
|
as, being no lawyer, he felt himself unqualified for the work, and he
|
|
resigned soon after. Mr. Lee excused himself on the same ground, and
|
|
died indeed in a short time. The other two gentlemen therefore and
|
|
myself divided the work among us. The common law and statutes to the
|
|
4. James I. (when our separate legislature was established) were
|
|
assigned to me; the British statutes from that period to the present
|
|
day to Mr. Wythe, and the Virginia laws to Mr. Pendleton. As the law
|
|
of Descents, & the criminal law fell of course within my portion, I
|
|
wished the commee to settle the leading principles of these, as a
|
|
guide for me in framing them. And with respect to the first, I
|
|
proposed to abolish the law of primogeniture, and to make real estate
|
|
descendible in parcenary to the next of kin, as personal property is
|
|
by the statute of distribution. Mr. Pendleton wished to preserve the
|
|
right of primogeniture, but seeing at once that that could not
|
|
prevail, he proposed we should adopt the Hebrew principle, and give a
|
|
double portion to the elder son. I observed that if the eldest son
|
|
could eat twice as much, or do double work, it might be a natural
|
|
evidence of his right to a double portion; but being on a par in his
|
|
powers & wants, with his brothers and sisters, he should be on a par
|
|
also in the partition of the patrimony, and such was the decision of
|
|
the other members.
|
|
|
|
On the subject of the Criminal law, all were agreed that the
|
|
punishment of death should be abolished, except for treason and
|
|
murder; and that, for other felonies should be substituted hard labor
|
|
in the public works, and in some cases, the Lex talionis. How this
|
|
last revolting principle came to obtain our approbation, I do not
|
|
remember. There remained indeed in our laws a vestige of it in a
|
|
single case of a slave. It was the English law in the time of the
|
|
Anglo-Saxons, copied probably from the Hebrew law of "an eye for an
|
|
eye, a tooth for a tooth," and it was the law of several antient
|
|
people. But the modern mind had left it far in the rear of it's
|
|
advances. These points however being settled, we repaired to our
|
|
respective homes for the preparation of the work.
|
|
|
|
Feb. 6. In the execution of my part I thought it material not
|
|
to vary the diction of the antient statutes by modernizing it, nor to
|
|
give rise to new questions by new expressions. The text of these
|
|
statutes had been so fully explained and defined by numerous
|
|
adjudications, as scarcely ever now to produce a question in our
|
|
courts. I thought it would be useful also, in all new draughts, to
|
|
reform the style of the later British statutes, and of our own acts
|
|
of assembly, which from their verbosity, their endless tautologies,
|
|
their involutions of case within case, and parenthesis within
|
|
parenthesis, and their multiplied efforts at certainty by _saids_ and
|
|
_aforesaids_, by _ors_ and by _ands_, to make them more plain, do
|
|
really render them more perplexed and incomprehensible, not only to
|
|
common readers, but to the lawyers themselves. We were employed in
|
|
this work from that time to Feb. 1779, when we met at Williamsburg,
|
|
that is to say, Mr. Pendleton, Mr. Wythe & myself, and meeting day by
|
|
day, we examined critically our several parts, sentence by sentence,
|
|
scrutinizing and amending until we had agreed on the whole. We then
|
|
returned home, had fair copies made of our several parts, which were
|
|
reported to the General Assembly June 18. 1779. by Mr. Wythe and
|
|
myself, Mr. Pendleton's residence being distant, and he having
|
|
authorized us by letter to declare his approbation. We had in this
|
|
work brought so much of the Common law as it was thought necessary to
|
|
alter, all the British statutes from Magna Charta to the present day,
|
|
and all the laws of Virginia, from the establishment of our
|
|
legislature, in the 4th. Jac. 1. to the present time, which we
|
|
thought should be retained, within the compass of 126 bills, making a
|
|
printed folio of 90 pages only. Some bills were taken out
|
|
occasionally, from time to time, and passed; but the main body of the
|
|
work was not entered on by the legislature until after the general
|
|
peace, in 1785. when by the unwearied exertions of Mr. Madison, in
|
|
opposition to the endless quibbles, chicaneries, perversions,
|
|
vexations and delays of lawyers and demi-lawyers, most of the bills
|
|
were passed by the legislature, with little alteration.
|
|
|
|
The bill for establishing religious freedom, the principles of
|
|
which had, to a certain degree, been enacted before, I had drawn in
|
|
all the latitude of reason & right. It still met with opposition;
|
|
but, with some mutilations in the preamble, it was finally passed;
|
|
and a singular proposition proved that it's protection of opinion was
|
|
meant to be universal. Where the preamble declares that coercion is
|
|
a departure from the plan of the holy author of our religion, an
|
|
amendment was proposed, by inserting the word "Jesus Christ," so that
|
|
it should read "a departure from the plan of Jesus Christ, the holy
|
|
author of our religion." The insertion was rejected by a great
|
|
majority, in proof that they meant to comprehend, within the mantle
|
|
of it's protection, the Jew and the Gentile, the Christian and
|
|
Mahometan, the Hindoo, and infidel of every denomination.
|
|
|
|
Beccaria and other writers on crimes and punishments had
|
|
satisfied the reasonable world of the unrightfulness and inefficacy
|
|
of the punishment of crimes by death; and hard labor on roads, canals
|
|
and other public works, had been suggested as a proper substitute.
|
|
The Revisors had adopted these opinions; but the general idea of our
|
|
country had not yet advanced to that point. The bill therefore for
|
|
proportioning crimes and punishments was lost in the House of
|
|
Delegates by a majority of a single vote. I learnt afterwards that
|
|
the substitute of hard labor in public was tried (I believe it was in
|
|
Pennsylvania) without success. Exhibited as a public spectacle, with
|
|
shaved heads and mean clothing, working on the high roads produced in
|
|
the criminals such a prostration of character, such an abandonment of
|
|
self-respect, as, instead of reforming, plunged them into the most
|
|
desperate & hardened depravity of morals and character. -- Pursue the
|
|
subject of this law. -- I was written to in 1785 (being then in
|
|
Paris) by Directors appointed to superintend the building of a
|
|
Capitol in Richmond, to advise them as to a plan, and to add to it
|
|
one of a prison. Thinking it a favorable opportunity of introducing
|
|
into the state an example of architecture in the classic style of
|
|
antiquity, and the Maison quarree of Nismes, an antient Roman temple,
|
|
being considered as the most perfect model existing of what may be
|
|
called Cubic architecture, I applied to M. Clerissault, who had
|
|
published drawings of the Antiquities of Nismes, to have me a model
|
|
of the building made in stucco, only changing the order from
|
|
Corinthian to Ionic, on account of the difficulty of the Corinthian
|
|
capitals. I yielded with reluctance to the taste of Clerissault, in
|
|
his preference of the modern capital of Scamozzi to the more noble
|
|
capital of antiquity. This was executed by the artist whom Choiseul
|
|
Gouffier had carried with him to Constantinople, and employed while
|
|
Ambassador there, in making those beautiful models of the remains of
|
|
Grecian architecture which are to be seen at Paris. To adapt the
|
|
exterior to our use, I drew a plan for the interior, with the
|
|
apartments necessary for legislative, executive & judiciary purposes,
|
|
and accommodated in their size and distribution to the form and
|
|
dimensions of the building. These were forwarded to the Directors in
|
|
1786. and were carried into execution, with some variations not for
|
|
the better, the most important to which however admit of future
|
|
correction. With respect of the plan of a Prison, requested at the
|
|
same time, I had heard of a benevolent society in England which had
|
|
been indulged by the government in an experiment of the effect of
|
|
labor in _solitary confinement_ on some of their criminals, which
|
|
experiment had succeeded beyond expectation. The same idea had been
|
|
suggested in France, and an Architect of Lyons had proposed a plan of
|
|
a well contrived edifice on the principle of solitary confinement. I
|
|
procured a copy, and as it was too large for our purposes, I drew one
|
|
on a scale, less extensive, but susceptible of additions as they
|
|
should be wanting. This I sent to the Directors instead of a plan of
|
|
a common prison, in the hope that it would suggest the idea of labor
|
|
in solitary confinement instead of that on the public works, which we
|
|
had adopted in our Revised Code. It's principle accordingly, but not
|
|
it's exact form, was adopted by Latrobe in carrying the plan into
|
|
execution, by the erection of what is now called the Penitentiary,
|
|
built under his direction. In the meanwhile the public opinion was
|
|
ripening by time, by reflection, and by the example of Pensylva,
|
|
where labor on the highways had been tried without approbation from
|
|
1786 to 89. & had been followed by their Penitentiary system on the
|
|
principle of confinement and labor, which was proceeding
|
|
auspiciously. In 1796. our legislature resumed the subject and
|
|
passed the law for amending the Penal laws of the commonwealth. They
|
|
adopted solitary, instead of public labor, established a gradation in
|
|
the duration of the confinement, approximated the style of the law
|
|
more to the modern usage, and instead of the settled distinctions of
|
|
murder & manslaughter, preserved in my bill, they introduced the new
|
|
terms of murder in the 1st & 2d degree. Whether these have produced
|
|
more or fewer questions of definition I am not sufficiently informed
|
|
of our judiciary transactions to say. I will here however insert the
|
|
text of my bill, with the notes I made in the course of my researches
|
|
into the subject.
|
|
|
|
Feb. 7. The acts of assembly concerning the College of Wm. &
|
|
Mary, were properly within Mr. Pendleton's portion of our work. But
|
|
these related chiefly to it's revenue, while it's constitution,
|
|
organization and scope of science were derived from it's charter. We
|
|
thought, that on this subject a systematical plan of general
|
|
education should be proposed, and I was requested to undertake it. I
|
|
accordingly prepared three bills for the Revisal, proposing three
|
|
distinct grades of education, reaching all classes. 1. Elementary
|
|
schools for all children generally, rich and poor. 2. Colleges for a
|
|
middle degree of instruction, calculated for the common purposes of
|
|
life, and such as would be desirable for all who were in easy
|
|
circumstances. And 3d. an ultimate grade for teaching the sciences
|
|
generally, & in their highest degree. The first bill proposed to lay
|
|
off every county into Hundreds or Wards, of a proper size and
|
|
population for a school, in which reading, writing, and common
|
|
arithmetic should be taught; and that the whole state should be
|
|
divided into 24 districts, in each of which should be a school for
|
|
classical learning, grammar, geography, and the higher branches of
|
|
numerical arithmetic. The second bill proposed to amend the
|
|
constitution of Wm. & Mary College, to enlarge it's sphere of
|
|
science, and to make it in fact an University. The third was for the
|
|
establishment of a library. These bills were not acted on until the
|
|
same year '96. and then only so much of the first as provided for
|
|
elementary schools. The College of Wm. & Mary was an establishment
|
|
purely of the Church of England, the Visitors were required to be all
|
|
of that Church; the Professors to subscribe it's 39 Articles, it's
|
|
Students to learn it's Catechism, and one of its fundamental objects
|
|
was declared to be to raise up Ministers for that church. The
|
|
religious jealousies therefore of all the dissenters took alarm lest
|
|
this might give an ascendancy to the Anglican sect and refused acting
|
|
on that bill. Its local eccentricity too and unhealthy autumnal
|
|
climate lessened the general inclination towards it. And in the
|
|
Elementary bill they inserted a provision which completely defeated
|
|
it, for they left it to the court of each county to determine for
|
|
itself when this act should be carried into execution, within their
|
|
county. One provision of the bill was that the expenses of these
|
|
schools should be borne by the inhabitants of the county, every one
|
|
in proportion to his general tax-rate. This would throw on wealth
|
|
the education of the poor; and the justices, being generally of the
|
|
more wealthy class, were unwilling to incur that burthen, and I
|
|
believe it was not suffered to commence in a single county. I shall
|
|
recur again to this subject towards the close of my story, if I
|
|
should have life and resolution enough to reach that term; for I am
|
|
already tired of talking about myself.
|
|
|
|
The bill on the subject of slaves was a mere digest of the
|
|
existing laws respecting them, without any intimation of a plan for a
|
|
future & general emancipation. It was thought better that this
|
|
should be kept back, and attempted only by way of amendment whenever
|
|
the bill should be brought on. The principles of the amendment
|
|
however were agreed on, that is to say, the freedom of all born after
|
|
a certain day, and deportation at a proper age. But it was found
|
|
that the public mind would not yet bear the proposition, nor will it
|
|
bear it even at this day. Yet the day is not distant when it must
|
|
bear and adopt it, or worse will follow. Nothing is more certainly
|
|
written in the book of fate than that these people are to be free.
|
|
Nor is it less certain that the two races, equally free, cannot live
|
|
in the same government. Nature, habit, opinion has drawn indelible
|
|
lines of distinction between them. It is still in our power to
|
|
direct the process of emancipation and deportation peaceably and in
|
|
such slow degree as that the evil will wear off insensibly, and their
|
|
place be pari passu filled up by free white laborers. If on the
|
|
contrary it is left to force itself on, human nature must shudder at
|
|
the prospect held up. We should in vain look for an example in the
|
|
Spanish deportation or deletion of the Moors. This precedent would
|
|
fall far short of our case.
|
|
|
|
I considered 4 of these bills, passed or reported, as forming a
|
|
system by which every fibre would be eradicated of antient or future
|
|
aristocracy; and a foundation laid for a government truly republican.
|
|
The repeal of the laws of entail would prevent the accumulation and
|
|
perpetuation of wealth in select families, and preserve the soil of
|
|
the country from being daily more & more absorbed in Mortmain. The
|
|
abolition of primogeniture, and equal partition of inheritances
|
|
removed the feudal and unnatural distinctions which made one member
|
|
of every family rich, and all the rest poor, substituting equal
|
|
partition, the best of all Agrarian laws. The restoration of the
|
|
rights of conscience relieved the people from taxation for the
|
|
support of a religion not theirs; for the establishment was truly of
|
|
the religion of the rich, the dissenting sects being entirely
|
|
composed of the less wealthy people; and these, by the bill for a
|
|
general education, would be qualified to understand their rights, to
|
|
maintain them, and to exercise with intelligence their parts in
|
|
self-government: and all this would be effected without the violation
|
|
of a single natural right of any one individual citizen. To these
|
|
too might be added, as a further security, the introduction of the
|
|
trial by jury, into the Chancery courts, which have already ingulfed
|
|
and continue to ingulf, so great a proportion of the jurisdiction
|
|
over our property.
|
|
|
|
On the 1st of June 1779. I was appointed Governor of the
|
|
Commonwealth and retired from the legislature. Being elected also
|
|
one of the Visitors of Wm. & Mary college, a self-electing body, I
|
|
effected, during my residence in Williamsburg that year, a change in
|
|
the organization of that institution by abolishing the Grammar
|
|
school, and the two professorships of Divinity & Oriental languages,
|
|
and substituting a professorship of Law & Police, one of Anatomy
|
|
Medicine and Chemistry, and one of Modern languages; and the charter
|
|
confining us to six professorships, we added the law of Nature &
|
|
Nations, & the Fine Arts to the duties of the Moral professor, and
|
|
Natural history to those of the professor of Mathematics and Natural
|
|
philosophy.
|
|
|
|
Being now, as it were, identified with the Commonwealth itself,
|
|
to write my own history during the two years of my administration,
|
|
would be to write the public history of that portion of the
|
|
revolution within this state. This has been done by others, and
|
|
particularly by Mr. Girardin, who wrote his Continuation of Burke's
|
|
history of Virginia while at Milton, in this neighborhood, had free
|
|
access to all my papers while composing it, and has given as faithful
|
|
an account as I could myself. For this portion therefore of my own
|
|
life, I refer altogether to his history. From a belief that under
|
|
the pressure of the invasion under which we were then laboring the
|
|
public would have more confidence in a Military chief, and that the
|
|
Military commander, being invested with the Civil power also, both
|
|
might be wielded with more energy promptitude and effect for the
|
|
defence of the state, I resigned the administration at the end of my
|
|
2d. year, and General Nelson was appointed to succeed me.
|
|
|
|
Soon after my leaving Congress in Sep. '76, to wit on the last
|
|
day of that month, I had been appointed, with Dr. Franklin, to go to
|
|
France, as a Commissioner to negotiate treaties of alliance and
|
|
commerce with that government. Silas Deane, then in France, acting
|
|
as agent (* 2) for procuring military stores, was joined with us in
|
|
commission. But such was the state of my family that I could not
|
|
leave it, nor could I expose it to the dangers of the sea, and of
|
|
capture by the British ships, then covering the ocean. I saw too
|
|
that the laboring oar was really at home, where much was to be done
|
|
of the most permanent interest in new modelling our governments, and
|
|
much to defend our fanes and fire-sides from the desolations of an
|
|
invading enemy pressing on our country in every point. I declined
|
|
therefore and Dr. Lee was appointed in my place. On the 15th. of
|
|
June 1781. I had been appointed with Mr. Adams, Dr. Franklin, Mr.
|
|
Jay, and Mr. Laurens a Minister plenipotentiary for negotiating
|
|
peace, then expected to be effected thro' the mediation of the
|
|
Empress of Russia. The same reasons obliged me still to decline; and
|
|
the negotiation was in fact never entered on. But, in the autumn of
|
|
the next year 1782 Congress receiving assurances that a general peace
|
|
would be concluded in the winter and spring, they renewed my
|
|
appointment on the 13th. of Nov. of that year. I had two months
|
|
before that lost the cherished companion of my life, in whose
|
|
affections, unabated on both sides, I had lived the last ten years in
|
|
unchequered happiness. With the public interests, the state of my
|
|
mind concurred in recommending the change of scene proposed; and I
|
|
accepted the appointment, and left Monticello on the 19th. of Dec.
|
|
1782. for Philadelphia, where I arrived on the 27th. The Minister of
|
|
France, Luzerne, offered me a passage in the Romulus frigate, which I
|
|
accepting. But she was then lying a few miles below Baltimore
|
|
blocked up in the ice. I remained therefore a month in Philadelphia,
|
|
looking over the papers in the office of State in order to possess
|
|
myself of the general state of our foreign relations, and then went
|
|
to Baltimore to await the liberation of the frigate from the ice.
|
|
After waiting there nearly a month, we received information that a
|
|
Provisional treaty of peace had been signed by our Commissioners on
|
|
the 3d. of Sept. 1782. to become absolute on the conclusion of peace
|
|
between France and Great Britain. Considering my proceeding to
|
|
Europe as now of no utility to the public, I returned immediately to
|
|
Philadelphia to take the orders of Congress, and was excused by them
|
|
from further proceeding. I therefore returned home, where I arrived
|
|
on the 15th. of May, 1783.
|
|
|
|
(* 2) His ostensible character was to be that of a merchant,
|
|
his real one that of agent for military supplies, and also for
|
|
sounding the dispositions of the government of France, and seeing how
|
|
far they would favor us, either secretly or openly. His appointment
|
|
had been by the Committee of Foreign Correspondence, March, 1776.
|
|
|
|
On the 6th. of the following month I was appointed by the
|
|
legislature a delegate to Congress, the appointment to take place on
|
|
the 1st. of Nov. ensuing, when that of the existing delegation would
|
|
expire. I accordingly left home on the 16th. of Oct. arrived at
|
|
Trenton, where Congress was sitting, on the 3d. of Nov. and took my
|
|
seat on the 4th., on which day Congress adjourned to meet at
|
|
Annapolis on the 26th.
|
|
|
|
Congress had now become a very small body, and the members very
|
|
remiss in their attendance on it's duties insomuch that a majority of
|
|
the states, necessary by the Confederation to constitute a house even
|
|
for minor business did not assemble until the 13th. of December.
|
|
|
|
They as early as Jan. 7. 1782. had turned their attention to
|
|
the monies current in the several states, and had directed the
|
|
Financier, Robert Morris, to report to them a table of rates at which
|
|
the foreign coins should be received at the treasury. That officer,
|
|
or rather his assistant, Gouverneur Morris, answered them on the 15th
|
|
in an able and elaborate statement of the denominations of money
|
|
current in the several states, and of the comparative value of the
|
|
foreign coins chiefly in circulation with us. He went into the
|
|
consideration of the necessity of establishing a standard of value
|
|
with us, and of the adoption of a money-Unit. He proposed for the
|
|
Unit such a fraction of pure silver as would be a common measure of
|
|
the penny of every state, without leaving a fraction. This common
|
|
divisor he found to be 1 -- 1440 of a dollar, or 1 -- 1600 of the
|
|
crown sterling. The value of a dollar was therefore to be expressed
|
|
by 1440 units, and of a crown by 1600. Each Unit containing a
|
|
quarter of a grain of fine silver. Congress turning again their
|
|
attention to this subject the following year, the financier, by a
|
|
letter of Apr. 30, 1783. further explained and urged the Unit he had
|
|
proposed; but nothing more was done on it until the ensuing year,
|
|
when it was again taken up, and referred to a commee of which I was a
|
|
member. The general views of the financier were sound, and the
|
|
principle was ingenious on which he proposed to found his Unit. But
|
|
it was too minute for ordinary use, too laborious for computation
|
|
either by the head or in figures. The price of a loaf of bread 1 --
|
|
20 of a dollar would be 72. units.
|
|
|
|
A pound of butter 1 -- 5 of a dollar 288. units.
|
|
|
|
A horse or bullock of 80. D value would require a notation of
|
|
6. figures, to wit 115,200, and the public debt, suppose of 80.
|
|
millions, would require 12. figures, to wit 115,200,000,000 units.
|
|
Such a system of money-arithmetic would be entirely unmanageable for
|
|
the common purposes of society. I proposed therefore, instead of
|
|
this, to adopt the Dollar as our Unit of account and payment, and
|
|
that it's divisions and sub-divisions should be in the decimal ratio.
|
|
I wrote some Notes on the subject, which I submitted to the
|
|
consideration of the financier. I received his answer and adherence
|
|
to his general system, only agreeing to take for his Unit 100. of
|
|
those he first proposed, so that a Dollar should be 14 40 -- 100 and
|
|
a crown 16. units. I replied to this and printed my notes and reply
|
|
on a flying sheet, which I put into the hands of the members of
|
|
Congress for consideration, and the Committee agreed to report on my
|
|
principle. This was adopted the ensuing year and is the system which
|
|
now prevails. I insert here the Notes and Reply, as shewing the
|
|
different views on which the adoption of our money system hung. The
|
|
division into dimes, cents & mills is now so well understood, that it
|
|
would be easy of introduction into the kindred branches of weights &
|
|
measures. I use, when I travel, an Odometer of Clarke's invention
|
|
which divides the mile into cents, and I find every one comprehend a
|
|
distance readily when stated to them in miles & cents; so they would
|
|
in feet and cents, pounds & cents, &c.
|
|
|
|
The remissness of Congress, and their permanent session, began
|
|
to be a subject of uneasiness and even some of the legislatures had
|
|
recommended to them intermissions, and periodical sessions. As the
|
|
Confederation had made no provision for a visible head of the
|
|
government during vacations of Congress, and such a one was necessary
|
|
to superintend the executive business, to receive and communicate
|
|
with foreign ministers & nations, and to assemble Congress on sudden
|
|
and extraordinary emergencies, I proposed early in April the
|
|
appointment of a commee to be called the Committee of the states, to
|
|
consist of a member from each state, who should remain in session
|
|
during the recess of Congress: that the functions of Congress should
|
|
be divided into Executive and Legislative, the latter to be reserved,
|
|
and the former, by a general resolution to be delegated to that
|
|
Committee. This proposition was afterwards agreed to; a Committee
|
|
appointed, who entered on duty on the subsequent adjourn-ment of
|
|
Congress, quarrelled very soon, split into two parties, abandoned
|
|
their post, and left the government without any visible head until
|
|
the next meeting in Congress. We have since seen the same thing take
|
|
place in the Directory of France; and I believe it will forever take
|
|
place in any Executive consisting of a plurality. Our plan, best I
|
|
believe, combines wisdom and practicability, by providing a plurality
|
|
of Counsellors, but a single Arbiter for ultimate decision. I was in
|
|
France when we heard of this schism, and separation of our Committee,
|
|
and, speaking with Dr. Franklin of this singular disposition of men
|
|
to quarrel and divide into parties, he gave his sentiments as usual
|
|
by way of Apologue. He mentioned the Eddystone lighthouse in the
|
|
British channel as being built on a rock in the mid-channel, totally
|
|
inaccessible in winter, from the boisterous character of that sea, in
|
|
that season. That therefore, for the two keepers employed to keep up
|
|
the lights, all provisions for the winter were necessarily carried to
|
|
them in autumn, as they could never be visited again till the return
|
|
of the milder season. That on the first practicable day in the
|
|
spring a boat put off to them with fresh supplies. The boatmen met
|
|
at the door one of the keepers and accosted him with a How goes it
|
|
friend? Very well. How is your companion? I do not know. Don't
|
|
know? Is not he here? I can't tell. Have not you seen him to-day?
|
|
No. When did you see him? Not since last fall. You have killed
|
|
him? Not I, indeed. They were about to lay hold of him, as having
|
|
certainly murdered his companion; but he desired them to go up stairs
|
|
& examine for themselves. They went up, and there found the other
|
|
keeper. They had quarrelled it seems soon after being left there,
|
|
had divided into two parties, assigned the cares below to one, and
|
|
those above to the other, and had never spoken to or seen one another
|
|
since.
|
|
|
|
But to return to our Congress at Annapolis, the definitive
|
|
treaty of peace which had been signed at Paris on the 3d. of Sep.
|
|
1783. and received here, could not be ratified without a House of 9.
|
|
states. On the 23d. of Dec. therefore we addressed letters to the
|
|
several governors, stating the receipt of the definitive treaty, that
|
|
7 states only were in attendance, while 9. were necessary to its
|
|
ratification, and urging them to press on their delegates the
|
|
necessity of their immediate attendance. And on the 26th. to save
|
|
time I moved that the Agent of Marine (Robert Morris) should be
|
|
instructed to have ready a vessel at this place, at N. York, & at
|
|
some Eastern port, to carry over the ratification of the treaty when
|
|
agreed to. It met the general sense of the house, but was opposed by
|
|
Dr. Lee on the ground of expense which it would authorize the agent
|
|
to incur for us; and he said it would be better to ratify at once &
|
|
send on the ratification. Some members had before suggested that 7
|
|
states were competent to the ratification. My motion was therefore
|
|
postponed and another brought forward by Mr. Read of S. C. for an
|
|
immediate ratification. This was debated the 26th. and 27th. Reed,
|
|
Lee, [Hugh] Williamson & Jeremiah Chace urged that ratification was a
|
|
mere matter of form, that the treaty was conclusive from the moment
|
|
it was signed by the ministers; that although the Confederation
|
|
requires the assent of 9. _states_ to _enter into_ a treaty, yet that
|
|
it's conclusion could not be called _entrance into it_; that
|
|
supposing 9. states requisite, it would be in the power of 5. states
|
|
to keep us always at war; that 9. states had virtually authorized the
|
|
ratifion having ratified the provisional treaty, and instructed their
|
|
ministers to agree to a definitive one in the same terms, and the
|
|
present one was in fact substantially and almost verbatim the same;
|
|
that there now remain but 67. days for the ratification, for it's
|
|
passage across the Atlantic, and it's exchange; that there was no
|
|
hope of our soon having 9. states present; in fact that this was the
|
|
ultimate point of time to which we could venture to wait; that if the
|
|
ratification was not in Paris by the time stipulated, the treaty
|
|
would become void; that if ratified by 7 states, it would go under
|
|
our seal without it's being known to Gr. Britain that only 7. had
|
|
concurred; that it was a question of which they had no right to take
|
|
cognizance, and we were only answerable for it to our constituents;
|
|
that it was like the ratification which Gr. Britain had received from
|
|
the Dutch by the negotiations of Sr. Wm. Temple.
|
|
|
|
On the contrary, it was argued by Monroe, Gerry, Howel, Ellery
|
|
& myself that by the modern usage of Europe the ratification was
|
|
considered as the act which gave validity to a treaty, until which it
|
|
was not obligatory. (* 3) That the commission to the ministers
|
|
reserved the ratification to Congress; that the treaty itself
|
|
stipulated that it should be ratified; that it became a 2d. question
|
|
who were competent to the ratification? That the Confederation
|
|
expressly required 9 states to enter into any treaty; that, by this,
|
|
that instrument must have intended that the assent of 9. states
|
|
should be necessary as well to the _completion_ as to the
|
|
_commencement_ of the treaty, it's object having been to guard the
|
|
rights of the Union in all those important cases where 9. states are
|
|
called for; that, by the contrary construction, 7 states, containing
|
|
less than one third of our whole citizens, might rivet on us a
|
|
treaty, commenced indeed under commission and instructions from 9.
|
|
states, but formed by the minister in express contradiction to such
|
|
instructions, and in direct sacrifice of the interests of so great a
|
|
majority; that the definitive treaty was admitted not to be a verbal
|
|
copy of the provisional one, and whether the departures from it were
|
|
of substance or not, was a question on which 9. states alone were
|
|
competent to decide; that the circumstances of the ratification of
|
|
the provisional articles by 9. states, the instructions to our
|
|
ministers to form a definitive one by them, and their actual
|
|
agreement in substance, do not render us competent to ratify in the
|
|
present instance; if these circumstances are in themselves a
|
|
ratification, nothing further is requisite than to give attested
|
|
copies of them, in exchange for the British ratification; if they are
|
|
not, we remain where we were, without a ratification by 9. states,
|
|
and incompetent ourselves to ratify; that it was but 4. days since
|
|
the seven states now present unanimously concurred in a resolution to
|
|
be forwarded to the governors of the absent states, in which they
|
|
stated as a cause for urging on their delegates, that 9. states were
|
|
necessary to ratify the treaty; that in the case of the Dutch
|
|
ratification, Gr. Britain had courted it, and therefore was glad to
|
|
accept it as it was; that they knew our constitution, and would
|
|
object to a ratification by 7. that if that circumstance was kept
|
|
back, it would be known hereafter, & would give them ground to deny
|
|
the validity of a ratification into which they should have been
|
|
surprised and cheated, and it would be a dishonorable prostitution of
|
|
our seal; that there is a hope of 9. states; that if the treaty would
|
|
become null if not ratified in time, it would not be saved by an
|
|
imperfect ratification; but that in fact it would not be null, and
|
|
would be placed on better ground, going in unexceptionable form, tho'
|
|
a few days too late, and rested on the small importance of this
|
|
circumstance, and the physical impossibilities which had prevented a
|
|
punctual compliance in point of time; that this would be approved by
|
|
all nations, & by Great Britain herself, if not determined to renew
|
|
the war, and if determined, she would never want excuses, were this
|
|
out of the way. Mr. Reade gave notice he should call for the yeas &
|
|
nays; whereon those in opposition prepared a resolution expressing
|
|
pointedly the reasons of the dissent from his motion. It appearing
|
|
however that his proposition could not be car-ried, it was thought
|
|
better to make no entry at all. Massa-chusetts alone would have been
|
|
for it; Rhode Island, Pennsylvania and Virginia against it, Delaware,
|
|
Maryland & N. Carolina, would have been divided.
|
|
|
|
(* 3) Vattel, L. 2, 156. L, 77. I. Mably Droit D'Europe, 86.
|
|
|
|
Our body was little numerous, but very contentious. Day after
|
|
day was wasted on the most unimportant questions. My colleague
|
|
Mercer was one of those afflicted with the morbid rage of debate, of
|
|
an ardent mind, prompt imagination, and copious flow of words, he
|
|
heard with impatience any logic which was not his own. Sitting near
|
|
me on some occasion of a trifling but wordy debate, he asked how I
|
|
could sit in silence hearing so much false reasoning which a word
|
|
should refute? I observed to him that to refute indeed was easy, but
|
|
to silence impossible. That in measures brought forward by myself, I
|
|
took the laboring oar, as was incumbent on me; but that in general I
|
|
was willing to listen. If every sound argument or objection was used
|
|
by some one or other of the numerous debaters, it was enough: if not,
|
|
I thought it sufficient to suggest the omission, without going into a
|
|
repetition of what had been already said by others. That this was a
|
|
waste and abuse of the time and patience of the house which could not
|
|
be justified. And I believe that if the members of deliberative
|
|
bodies were to observe this course generally, they would do in a day
|
|
what takes them a week, and it is really more questionable, than may
|
|
at first be thought, whether Bonaparte's dumb legislature which said
|
|
nothing and did much, may not be preferable to one which talks much
|
|
and does nothing. I served with General Washington in the
|
|
legislature of Virginia before the revolution, and, during it, with
|
|
Dr. Franklin in Congress. I never heard either of them speak ten
|
|
minutes at a time, nor to any but the main point which was to decide
|
|
the question. They laid their shoulders to the great points, knowing
|
|
that the little ones would follow of themselves. If the present
|
|
Congress errs in too much talking, how can it be otherwise in a body
|
|
to which the people send 150. lawyers, whose trade it is to question
|
|
everything, yield nothing, & talk by the hour? That 150. lawyers
|
|
should do business together ought not to be expected. But to return
|
|
again to our subject.
|
|
|
|
Those who thought 7. states competent to the ratification being
|
|
very restless under the loss of their motion, I proposed, on the 3d.
|
|
of January to meet them on middle ground, and therefore moved a
|
|
resolution which premising that there were but 7. states present, who
|
|
were unanimous for the ratification, but, that they differed in
|
|
opinion on the question of competency. That those however in the
|
|
negative were unwilling that any powers which it might be supposed
|
|
they possessed should remain unexercised for the restoration of
|
|
peace, provided it could be done saving their good faith, and without
|
|
importing any opinion of Congress that 7. states were competent, and
|
|
resolving that treaty be ratified so far as they had power; that it
|
|
should be transmitted to our ministers with instructions to keep it
|
|
uncommunicated; to endeavor to obtain 3. months longer for exchange
|
|
of ratifications; that they should be informed that so soon as 9.
|
|
states shall be present a ratification by 9. shall be sent them; if
|
|
this should get to them before the ultimate point of time for
|
|
exchange, they were to use it, and not the other; if not, they were
|
|
to offer the act of the 7. states in exchange, informing them the
|
|
treaty had come to hand while Congress was not in session, that but
|
|
7. states were as yet assembled, and these had unanimously concurred
|
|
in the ratification. This was debated on the 3d. and 4th. and on
|
|
the 5th. a vessel being to sail for England from this port
|
|
(Annapolis) the House directed the President to write to our
|
|
ministers accordingly.
|
|
|
|
Jan. 14. Delegates from Connecticut having attended yesterday,
|
|
and another from S. Carolina coming in this day, the treaty was
|
|
ratified without a dissenting voice, and three instruments of
|
|
ratification were ordered to be made out, one of which was sent by
|
|
Colo. Harmer, another by Colo. Franks, and the 3d. transmitted to the
|
|
agent of Marine to be forwarded by any good opportunity.
|
|
|
|
Congress soon took up the consideration of their foreign
|
|
relations. They deemed it necessary to get their commerce placed
|
|
with every nation on a footing as favorable as that of other nations;
|
|
and for this purpose to propose to each a distinct treaty of
|
|
commerce. This act too would amount to an acknowledgment by each of
|
|
our independance and of our reception into the fraternity of nations;
|
|
which altho', as possessing our station of right and in fact, we
|
|
would not condescend to ask, we were not unwilling to furnish
|
|
opportunities for receiving their friendly salutations & welcome.
|
|
With France the United Netherlands and Sweden we had already treaties
|
|
of commerce, but commissions were given for those countries also,
|
|
should any amendments be thought necessary. The other states to
|
|
which treaties were to be proposed were England, Hamburg, Saxony,
|
|
Prussia, Denmark, Russia, Austria, Venice, Rome, Naples, Tuscany,
|
|
Sardinia, Genoa, Spain, Portugal, the Porte, Algiers, Tripoli, Tunis
|
|
& Morocco.
|
|
|
|
Mar. 16. On the 7th. of May Congress resolved that a Minister
|
|
Plenipotentiary should be appointed in addition to Mr. Adams & Dr.
|
|
Franklin for negotiating treaties of commerce with foreign nations,
|
|
and I was elected to that duty. I accordingly left Annapolis on the
|
|
11th. Took with me my elder daughter then at Philadelphia (the two
|
|
others being too young for the voyage) & proceeded to Boston in quest
|
|
of a passage. While passing thro' the different states, I made a
|
|
point of informing myself of the state of the commerce of each, went
|
|
on to New Hampshire with the same view and returned to Boston. From
|
|
thence I sailed on the 5th. of July in the Ceres a merchant ship of
|
|
Mr. Nathaniel Tracey, bound to Cowes. He was himself a passenger,
|
|
and, after a pleasant voyage of 19. days from land to land, we
|
|
arrived at Cowes on the 26th. I was detained there a few days by the
|
|
indisposition of my daughter. On the 30th. we embarked for Havre,
|
|
arrived there on the 31st. left it on the 3d. of August, and arrived
|
|
at Paris on the 6th. I called immediately on Doctr. Franklin at
|
|
Passy, communicated to him our charge, and we wrote to Mr. Adams,
|
|
then at the Hague to join us at Paris.
|
|
|
|
Before I had left America, that is to say in the year 1781. I
|
|
had received a letter from M. de Marbois, of the French legation in
|
|
Philadelphia, informing me he had been instructed by his government
|
|
to obtain such statistical accounts of the different states of our
|
|
Union, as might be useful for their information; and addressing to me
|
|
a number of queries relative to the state of Virginia. I had always
|
|
made it a practice whenever an opportunity occurred of obtaining any
|
|
information of our country, which might be of use to me in any
|
|
station public or private, to commit it to writing. These memoranda
|
|
were on loose papers, bundled up without order, and difficult of
|
|
recurrence when I had occasion for a particular one. I thought this
|
|
a good occasion to embody their substance, which I did in the order
|
|
of Mr. Marbois' queries, so as to answer his wish and to arrange them
|
|
for my own use. Some friends to whom they were occasionally
|
|
communicated wished for copies; but their volume rendering this too
|
|
laborious by hand, I proposed to get a few printed for their
|
|
gratification. I was asked such a price however as exceeded the
|
|
importance of the object. On my arrival at Paris I found it could be
|
|
done for a fourth of what I had been asked here. I therefore
|
|
corrected and enlarged them, and had 200. copies printed, under the
|
|
title of Notes on Virginia. I gave a very few copies to some
|
|
particular persons in Europe, and sent the rest to my friends in
|
|
America. An European copy, by the death of the owner, got into the
|
|
hands of a bookseller, who engaged it's translation, & when ready for
|
|
the press, communicated his intentions & manuscript to me, without
|
|
any other permission than that of suggesting corrections. I never
|
|
had seen so wretched an attempt at translation. Interverted,
|
|
abridged, mutilated, and often reversing the sense of the original, I
|
|
found it a blotch of errors from beginning to end. I corrected some
|
|
of the most material, and in that form it was printed in French. A
|
|
London bookseller, on seeing the translation, requested me to permit
|
|
him to print the English original. I thought it best to do so to let
|
|
the world see that it was not really so bad as the French translation
|
|
had made it appear. And this is the true history of that
|
|
publication.
|
|
|
|
Mr. Adams soon joined us at Paris, & our first employment was
|
|
to prepare a general form to be proposed to such nations as were
|
|
disposed to treat with us. During the negotiations for peace with
|
|
the British Commissioner David Hartley, our Commissioners had
|
|
proposed, on the suggestion of Doctr. Franklin, to insert an article
|
|
exempting from capture by the public or private armed ships of either
|
|
belligerent, when at war, all merchant vessels and their cargoes,
|
|
employed merely in carrying on the commerce between nations. It was
|
|
refused by England, and unwisely, in my opinion. For in the case of
|
|
a war with us, their superior commerce places infinitely more at
|
|
hazard on the ocean than ours; and as hawks abound in proportion to
|
|
game, so our privateers would swarm in proportion to the wealth
|
|
exposed to their prize, while theirs would be few for want of
|
|
subjects of capture. We inserted this article in our form, with a
|
|
provision against the molestation of fishermen, husbandmen, citizens
|
|
unarmed and following their occupations in unfortified places, for
|
|
the humane treatment of prisoners of war, the abolition of contraband
|
|
of war, which exposes merchant vessels to such vexatious & ruinous
|
|
detentions and abuses; and for the principle of free bottoms, free
|
|
goods.
|
|
|
|
In a conference with the Count de Vergennes, it was thought
|
|
better to leave to legislative regulation on both sides such
|
|
modifications of our commercial intercourse as would voluntarily flow
|
|
from amicable dispositions. Without urging, we sounded the ministers
|
|
of the several European nations at the court of Versailles, on their
|
|
dispositions towards mutual commerce, and the expediency of
|
|
encouraging it by the protection of a treaty. Old Frederic of
|
|
Prussia met us cordially and without hesitation, and appointing the
|
|
Baron de Thulemeyer, his minister at the Hague, to negotiate with us,
|
|
we communicated to him our Project, which with little alteration by
|
|
the King, was soon concluded. Denmark and Tuscany entered also into
|
|
negotiations with us. Other powers appearing indifferent we did not
|
|
think it proper to press them. They seemed in fact to know little
|
|
about us, but as rebels who had been successful in throwing off the
|
|
yoke of the mother country. They were ignorant of our commerce,
|
|
which had been always monopolized by England, and of the exchange of
|
|
articles it might offer advantageously to both parties. They were
|
|
inclined therefore to stand aloof until they could see better what
|
|
relations might be usefully instituted with us. The negotiations
|
|
therefore begun with Denmark & Tuscany we protracted designedly until
|
|
our powers had expired; and abstained from making new propositions to
|
|
others having no colonies; because our commerce being an exchange of
|
|
raw for wrought materials, is a competent price for admission into
|
|
the colonies of those possessing them: but were we to give it,
|
|
without price, to others, all would claim it without price on the
|
|
ordinary ground of gentis amicissimae.
|
|
|
|
Mr. Adams being appointed Min. Pleny. of the U S. to London,
|
|
left us in June, and in July 1785. Dr. Franklin returned to America,
|
|
and I was appointed his successor at Paris. In Feb. 1786. Mr. Adams
|
|
wrote to me pressingly to join him in London immediately, as he
|
|
thought he discovered there some symptoms of better disposition
|
|
towards us. Colo. Smith, his Secretary of legation, was the bearer
|
|
of his urgencies for my immediate attendance. I accordingly left
|
|
Paris on the 1st. of March, and on my arrival in London we agreed on
|
|
a very summary form of treaty, proposing an exchange of citizenship
|
|
for our citizens, our ships, and our productions generally, except as
|
|
to office. On my presentation as usual to the King and Queen at
|
|
their levees, it was impossible for anything to be more ungracious
|
|
than their notice of Mr. Adams & myself. I saw at once that the
|
|
ulcerations in the narrow mind of that mulish being left nothing to
|
|
be expected on the subject of my attendance; and on the first
|
|
conference with the Marquis of Caermarthen, his Minister of foreign
|
|
affairs, the distance and disinclination which he betrayed in his
|
|
conversation, the vagueness & evasions of his answers to us,
|
|
confirmed me in the belief of their aversion to have anything to do
|
|
with us. We delivered him however our Projet, Mr. Adams not
|
|
despairing as much as I did of it's effect. We afterwards, by one or
|
|
more notes, requested his appointment of an interview and conference,
|
|
which, without directly declining, he evaded by pretences of other
|
|
pressing occupations for the moment. After staying there seven
|
|
weeks, till within a few days of the expiration of our commission, I
|
|
informed the minister by note that my duties at Paris required my
|
|
return to that place, and that I should with pleasure be the bearer
|
|
of any commands to his Ambassador there. He answered that he had
|
|
none, and wishing me a pleasant journey, I left London the 26th.
|
|
arrived at Paris on the 30th. of April.
|
|
|
|
While in London we entered into negotiations with the Chevalier
|
|
Pinto, Ambassador of Portugal at that place. The only article of
|
|
difficulty between us was a stipulation that our bread stuff should
|
|
be received in Portugal in the form of flour as well as of grain. He
|
|
approved of it himself, but observed that several Nobles, of great
|
|
influence at their court, were the owners of wind mills in the
|
|
neighborhood of Lisbon which depended much for their profits on
|
|
manufacturing our wheat, and that this stipulation would endanger the
|
|
whole treaty. He signed it however, & it's fate was what he had
|
|
candidly portended.
|
|
|
|
My duties at Paris were confined to a few objects; the receipt
|
|
of our whale-oils, salted fish, and salted meats on favorable terms,
|
|
the admission of our rice on equal terms with that of Piedmont, Egypt
|
|
& the Levant, a mitigation of the monopolies of our tobacco by the
|
|
Farmers-general, and a free admission of our productions into their
|
|
islands; were the principal commercial objects which required
|
|
attention; and on these occasions I was powerfully aided by all the
|
|
influence and the energies of the Marquis de La Fayette, who proved
|
|
himself equally zealous for the friendship and welfare of both
|
|
nations; and in justice I must also say that I found the government
|
|
entirely disposed to befriend us on all occasions, and to yield us
|
|
every indulgence not absolutely injurious to themselves. The Count
|
|
de Vergennes had the reputation with the diplomatic corps of being
|
|
wary & slippery in his diplomatic intercourse; and so he might be
|
|
with those whom he knew to be slippery and double-faced themselves.
|
|
As he saw that I had no indirect views, practised no subtleties,
|
|
meddled in no intrigues, pursued no concealed object, I found him as
|
|
frank, as honorable, as easy of access to reason as any man with whom
|
|
I had ever done business; and I must say the same for his successor
|
|
Montmorin, one of the most honest and worthy of human beings.
|
|
|
|
Our commerce in the Mediterranean was placed under early alarm
|
|
by the capture of two of our vessels and crews by the Barbary
|
|
cruisers. I was very unwilling that we should acquiesce in the
|
|
European humiliation of paying a tribute to those lawless pirates,
|
|
and endeavored to form an association of the powers subject to
|
|
habitual depredations from them. I accordingly prepared and proposed
|
|
to their ministers at Paris, for consultation with their governments,
|
|
articles of a special confederation in the following form.
|
|
|
|
* * *
|
|
|
|
"Proposals for concerted operation among the powers at war with
|
|
the Piratical States of Barbary.
|
|
|
|
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, & to guarantee
|
|
that peace to each other.
|
|
|
|
4. The operations for obtaining this peace shall be constant
|
|
cruises on their coast with a naval force now 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 Xebecs, one half of which shall be
|
|
in 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 circumstance
|
|
may render reasonable.
|
|
|
|
6. As miscarriages often proceed from the want of harmony
|
|
among officers of different nations, the parties shall now consider &
|
|
decide whether it will 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 Ambassadors or other ministers 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 it's 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 Commis, Secretaries, or any other kind, with either
|
|
salaries or perquisites, nor any other lucrative appointments but
|
|
such whose functions are to be exercised on board the sd 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
|
|
pyratical states, if they refuse to discontinue their pyracies 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 the sd states of
|
|
Barbary, the treaty shall prevail, and such party shall be allowed to
|
|
withdraw from the operations against that state."
|
|
|
|
* * *
|
|
|
|
Spain had just concluded a treaty with Algiers at the expense
|
|
of 3. millions of dollars, and did not like to relinquish the benefit
|
|
of that until the other party should fail in their observance of it.
|
|
Portugal, Naples, the two Sicilies, Venice, Malta, Denmark and Sweden
|
|
were favorably disposed to such an association; but their
|
|
representatives at Paris expressed apprehensions that France would
|
|
interfere, and, either openly or secretly support the Barbary powers;
|
|
and they required that I should ascertain the dispositions of the
|
|
Count de Vergennes on the subject. I had before taken occasion to
|
|
inform him of what we were proposing, and therefore did not think it
|
|
proper to insinuate any doubt of the fair conduct of his government;
|
|
but stating our propositions, I mentioned the apprehensions
|
|
entertained by us that England would interfere in behalf of those
|
|
piratical governments. "She dares not do it," said he. I pressed it
|
|
no further. The other agents were satisfied with this indication of
|
|
his sentiments, and nothing was now wanting to bring it into direct
|
|
and formal consideration, but the assent of our government, and their
|
|
authority to make the formal proposition. I communicated to them the
|
|
favorable prospect of protecting our commerce from the Barbary
|
|
depredations, and for such a continuance of time as, by an exclusion
|
|
of them from the sea, to change their habits & characters from a
|
|
predatory to an agricultural people: towards which however it was
|
|
expected they would contribute a frigate, and it's expenses to be in
|
|
constant cruise. But they were in no condition to make any such
|
|
engagement. Their recommendatory powers for obtaining contributions
|
|
were so openly neglected by the several states that they declined an
|
|
engagement which they were conscious they could not fulfill with
|
|
punctuality; and so it fell through.
|
|
|
|
May 17. In 1786. while at Paris I became acquainted with John
|
|
Ledyard of Connecticut, a man of genius, of some science, and of
|
|
fearless courage, & enterprise. He had accompanied Capt Cook in his
|
|
voyage to the Pacific, had distinguished himself on several occasions
|
|
by an unrivalled intrepidity, and published an account of that voyage
|
|
with details unfavorable to Cook's deportment towards the savages,
|
|
and lessening our regrets at his fate. Ledyard had come to Paris in
|
|
the hope of forming a company to engage in the fur trade of the
|
|
Western coast of America. He was disappointed in this, and being out
|
|
of business, and of a roaming, restless character, I suggested to him
|
|
the enterprise of exploring the Western part of our continent, by
|
|
passing thro St. Petersburg to Kamschatka, and procuring a passage
|
|
thence in some of the Russian vessels to Nootka Sound, whence he
|
|
might make his way across the continent to America; and I undertook
|
|
to have the permission of the Empress of Russia solicited. He
|
|
eagerly embraced the proposition, and M. de Semoulin, the Russian
|
|
Ambassador, and more particularly Baron Grimm the special
|
|
correspondent of the Empress, solicited her permission for him to
|
|
pass thro' her dominions to the Western coast of America. And here I
|
|
must correct a material error which I have committed in another place
|
|
to the prejudice of the Empress. In writing some Notes of the life
|
|
of Capt Lewis, prefixed to his expedition to the Pacific, I stated
|
|
that the Empress gave the permission asked, & afterwards retracted
|
|
it. This idea, after a lapse of 26 years, had so insinuated itself
|
|
into my mind, that I committed it to paper without the least
|
|
suspicion of error. Yet I find, on recurring to my letters of that
|
|
date that the Empress refused permission at once, considering the
|
|
enterprise as entirely chimerical. But Ledyard would not relinquish
|
|
it, persuading himself that by proceeding to St. Petersburg he could
|
|
satisfy the Empress of it's practicability and obtain her permission.
|
|
He went accordingly, but she was absent on a visit to some distant
|
|
part of her dominions, (* 4) and he pursued his course to within 200.
|
|
miles of Kamschatka, where he was overtaken by an arrest from the
|
|
Empress, brought back to Poland, and there dismissed. I must
|
|
therefore in justice, acquit the Empress of ever having for a moment
|
|
countenanced, even by the indulgence of an innocent passage thro' her
|
|
territories this interesting enterprise.
|
|
|
|
(* 4) The Crimea.
|
|
|
|
May 18. The pecuniary distresses of France produced this year
|
|
a measure of which there had been no example for near two centuries,
|
|
& the consequences of which, good and evil, are not yet calculable.
|
|
For it's remote causes we must go a little back.
|
|
|
|
Celebrated writers of France and England had already sketched
|
|
good principles on the subject of government. Yet the American
|
|
Revolution seems first to have awakened the thinking part of the
|
|
French nation in general from the sleep of despotism in which they
|
|
were sunk. The officers too who had been to America, were mostly
|
|
young men, less shackled by habit and prejudice, and more ready to
|
|
assent to the suggestions of common sense, and feeling of common
|
|
rights. They came back with new ideas & impressions. The press,
|
|
notwithstanding it's shackles, began to disseminate them.
|
|
Conversation assumed new freedoms. Politics became the theme of all
|
|
societies, male and female, and a very extensive & zealous party was
|
|
formed which acquired the appellation of the Patriotic party, who,
|
|
sensible of the abusive government under which they lived, sighed for
|
|
occasions of reforming it. This party comprehended all the honesty
|
|
of the kingdom sufficiently at it's leisure to think, the men of
|
|
letters, the easy Bourgeois, the young nobility partly from
|
|
reflection, partly from mode, for these sentiments became matter of
|
|
mode, and as such united most of the young women to the party.
|
|
Happily for the nation, it happened at the same moment that the
|
|
dissipations of the Queen and court, the abuses of the pension-list,
|
|
and dilapidations in the administration of every branch of the
|
|
finances, had exhausted the treasures and credit of the nation,
|
|
insomuch that it's most necessary functions were paralyzed. To
|
|
reform these abuses would have overset the minister; to impose new
|
|
taxes by the authority of the King was known to be impossible from
|
|
the determined opposition of the parliament to their enregistry. No
|
|
resource remained then but to appeal to the nation. He advised
|
|
therefore the call of an assembly of the most distinguished
|
|
characters of the nation, in the hope that by promises of various and
|
|
valuable improvements in the organization and regimen of the
|
|
government, they would be induced to authorize new taxes, to controul
|
|
the opposition of the parliament, and to raise the annual revenue to
|
|
the level of expenditures. An Assembly of Notables therefore, about
|
|
150. in number named by the King, convened on the 22d. of Feb. The
|
|
Minister (Calonne) stated to them that the annual excess of expenses
|
|
beyond the revenue, when Louis XVI. came to the throne, was 37.
|
|
millions of livres; that 440. millns. had been borrowed to
|
|
reestablish the navy; that the American war had cost them 1440.
|
|
millns. (256. mils. of Dollars) and that the interest of these sums,
|
|
with other increased expenses had added 40 millns. more to the annual
|
|
deficit. (But a subseqt. and more candid estimate made it 56.
|
|
millns.) He proffered them an universal redress of grievances, laid
|
|
open those grievances fully, pointed out sound remedies, and covering
|
|
his canvas with objects of this magnitude, the deficit dwindled to a
|
|
little accessory, scarcely attracting attention. The persons chosen
|
|
were the most able & independent characters in the kingdom, and their
|
|
support, if it could be obtained, would be enough for him. They
|
|
improved the occasion for redressing their grievances, and agreed
|
|
that the public wants should be relieved; but went into an
|
|
examination of the causes of them. It was supposed that Calonne was
|
|
conscious that his accounts could not bear examination; and it was
|
|
said and believed that he asked of the King to send 4. members to the
|
|
Bastile, of whom the M. de la Fayette was one, to banish 20. others,
|
|
& 2. of his Ministers. The King found it shorter to banish him. His
|
|
successor went on in full concert with the Assembly. The result was
|
|
an augmentation of the revenue, a promise of economies in it's
|
|
expenditure, of an annual settlement of the public accounts before a
|
|
council, which the Comptroller, having been heretofore obliged to
|
|
settle only with the King in person, of course never settled at all;
|
|
an acknowledgment that the King could not lay a new tax, a
|
|
reformation of the criminal laws, abolition of torture, suppression
|
|
of Corvees, reformation of the gabelles, removal of the interior
|
|
custom houses, free commerce of grain internal & external, and the
|
|
establishment of Provincial assemblies; which alltogether constituted
|
|
a great mass of improvement in the condition of the nation. The
|
|
establishment of the Provincial assemblies was in itself a
|
|
fundamental improvement. They would be of the choice of the people,
|
|
one third renewed every year, in those provinces where there are no
|
|
States, that is to say over about three fourths of the kingdom. They
|
|
would be partly an Executive themselves, & partly an Executive
|
|
council to the Intendant, to whom the Executive power, in his
|
|
province had been heretofore entirely delegated. Chosen by the
|
|
people, they would soften the execution of hard laws, & having a
|
|
right of representation to the King, they would censure bad laws,
|
|
suggest good ones, expose abuses, and their representations, when
|
|
united, would command respect. To the other advantages might be
|
|
added the precedent itself of calling the Assemblee des Notables,
|
|
which would perhaps grow into habit. The hope was that the
|
|
improvements thus promised would be carried into effect, that they
|
|
would be maintained during the present reign, & that that would be
|
|
long enough for them to take some root in the constitution, so that
|
|
they might come to be considered as a part of that, and be protected
|
|
by time, and the attachment of the nation.
|
|
|
|
The Count de Vergennes had died a few days before the meeting
|
|
of the Assembly, & the Count de Montmorin had been named Minister of
|
|
foreign affairs in his place. Villedeuil succeeded Calonnes as
|
|
Comptroller general, & Lomenie de Bryenne, Archbishop of Thoulouse,
|
|
afterwards of Sens, & ultimately Cardinal Lomenie, was named Minister
|
|
principal, with whom the other ministers were to transact the
|
|
business of their departments, heretofore done with the King in
|
|
person, and the Duke de Nivernois, and M. de Malesherbes were called
|
|
to the Council. On the nomination of the Minister principal the
|
|
Marshals de Segur & de Castries retired from the departments of War &
|
|
Marine, unwilling to act subordinately, or to share the blame of
|
|
proceedings taken out of their direction. They were succeeded by the
|
|
Count de Brienne, brother of the Prime minister, and the Marquis de
|
|
la Luzerne, brother to him who had been Minister in the United
|
|
States.
|
|
|
|
May 24. A dislocated wrist, unsuccessfully set, occasioned
|
|
advice from my Surgeon to try the mineral waters of Aix in Provence
|
|
as a corroborant. I left Paris for that place therefore on the 28th.
|
|
of Feb. and proceeded up the Seine, thro' Champagne & Burgundy, and
|
|
down the Rhone thro' the Beaujolais by Lyons, Avignon, Nismes to Aix,
|
|
where finding on trial no benefit from the waters, I concluded to
|
|
visit the rice country of Piedmont, to see if anything might be
|
|
learned there to benefit the rivalship of our Carolina rice with
|
|
that, and thence to make a tour of the seaport towns of France, along
|
|
it's Southern and Western coast, to inform myself if anything could
|
|
be done to favor our commerce with them. From Aix therefore I took
|
|
my route by Marseilles, Toulon, Hieres, Nice, across the Col de
|
|
Tende, by Coni, Turin, Vercelli, Novara, Milan, Pavia, Novi, Genoa.
|
|
Thence returning along the coast by Savona, Noli, Albenga, Oneglia,
|
|
Monaco, Nice, Antibes, Frejus, Aix, Marseilles, Avignon, Nismes,
|
|
Montpellier, Frontignan, Cette, Agde, and along the canal of
|
|
Languedoc, by Bezieres, Narbonne, Cascassonne, Castelnaudari, thro'
|
|
the Souterrain of St. Feriol and back by Castelnaudari, to Toulouse,
|
|
thence to Montauban & down the Garonne by Langon to Bordeaux. Thence
|
|
to Rochefort, la Rochelle, Nantes, L'Orient, then back by Rennes to
|
|
Nantes, and up the Loire by Angers, Tours, Amboise, Blois to New
|
|
Orleans, thence direct to Paris where I arrived on the 10th. of June.
|
|
Soon after my return from this journey to wit, about the latter part
|
|
of July, I received my younger daughter Maria from Virginia by the
|
|
way of London, the youngest having died some time before.
|
|
|
|
The treasonable perfidy of the Prince of Orange, Stadtholder &
|
|
Captain General of the United Netherlands, in the war which England
|
|
waged against them for entering into a treaty of commerce with the U.
|
|
S. is known to all. As their Executive officer, charged with the
|
|
conduct of the war, he contrived to baffle all the measures of the
|
|
States General, to dislocate all their military plans, & played false
|
|
into the hands of England and against his own country on every
|
|
possible occasion, confident in her protection, and in that of the
|
|
King of Prussia, brother to his Princess. The States General
|
|
indignant at this patricidal conduct applied to France for aid,
|
|
according to the stipulations of the treaty concluded with her in 85.
|
|
It was assured to them readily, and in cordial terms, in a letter
|
|
from the Ct. de Vergennes to the Marquis de Verac, Ambassador of
|
|
France at the Hague, of which the following is an extract.
|
|
|
|
"Extrait de la depeche de Monsr. le Comte de Vergennes a Monsr.
|
|
le Marquis de Verac, Ambassadeur de France a la Haye, du 1er Mars
|
|
1786.
|
|
|
|
"Le Roi concourrera, autant qu'il sera en son pouvoir, au
|
|
succes de la chose, et vous inviterez de sa part les patriotes de lui
|
|
communiquer leurs vues, leurs plans, et leurs envieux. Vous les
|
|
assurerez que le roi prend un interet veritable a leurs personnes
|
|
comme a leur cause, et qu' ils peuvent compter sur sa protection.
|
|
Ils doivent y compter d' autant plus, Monsieur, que nous ne
|
|
dissimulons pas que si Monsr. le Stadhoulder reprend son ancienne
|
|
influence, le systeme Anglois ne tardera pas de prevaloir, et que
|
|
notre alliance deviendroit unetre de raison. Les Patriotes sentiront
|
|
facilement que cette position seroit incompatible avec la dignite,
|
|
comme avec la consideration de sa majeste. Mais dans le cas,
|
|
Monsieur, ou les chefs des Patriotes auroient a craindre une
|
|
scission, ils auroient le temps suffisant pour ramener ceux de leurs
|
|
amis que les Anglomanes ont egares, et preparer les choses de maniere
|
|
que la question de nouveau mise en deliberation soit decide selon
|
|
leurs desirs. Dans cette hypothese, le roi vous autorise a agir de
|
|
concert avec eux, de suivre la direction qu' ils jugeront devoir vous
|
|
donner, et d' employer tous les moyens pour augmenter le nombre des
|
|
partisans de la bonne cause. Il me reste, Monsieur, il me reste
|
|
Monsieur, de vous parler de la surete personelle des patriotes. Vous
|
|
les assurerez que dans tout etat de cause, le roi les prend sous sa
|
|
protection immediate, et vous ferez connoitre partout ou vous le
|
|
jugerez necessaire, que sa Majeste regarderoit comme une offense
|
|
personnelle tout ce qu' on entreprenderoit contre leur liberte. Il
|
|
est a presumer que ce langage, tenu avec energie, en imposera a
|
|
l'audace des Anglomanes et que Monsr. le Prince de Nassau croira
|
|
courir quelque risque en provoquant le ressentiment de sa Majeste."
|
|
|
|
This letter was communicated by the Patriots to me when at
|
|
Amsterdam in 1788. and a copy sent by me to Mr. Jay in my letter to
|
|
him of Mar. 16. 1788.
|
|
|
|
The object of the Patriots was to establish a representative
|
|
and republican government. The majority of the States general were
|
|
with them, but the majority of the populace of the towns was with the
|
|
Prince of Orange; and that populace was played off with great effect
|
|
by the triumvirate of Harris the English Ambassador afterwards Ld.
|
|
Malmesbury, the Prince of Orange a stupid man, and the Princess as
|
|
much a man as either of her colleagues, in audaciousness, in
|
|
enterprise, & in the thirst of domination. By these the mobs of the
|
|
Hague were excited against the members of the States general, their
|
|
persons were insulted & endangered in the streets, the sanctuary of
|
|
their houses was violated, and the Prince whose function & duty it
|
|
was to repress and punish these violations of order, took no steps
|
|
for that purpose. The States General, for their own protection were
|
|
therefore obliged to place their militia under the command of a
|
|
Committee. The Prince filled the courts of London and Berlin with
|
|
complaints at this usurpation of his prerogatives, and forgetting
|
|
that he was but the first servant of a republic, marched his regular
|
|
troops against the city of Utrecht, where the States were in session.
|
|
They were repulsed by the militia. His interests now became
|
|
marshalled with those of the public enemy & against his own country.
|
|
The States therefore, exercising their rights of sovereignty,
|
|
deprived him of all his powers. The great Frederic had died in
|
|
August 86. (* 5) He had never intended to break with France in
|
|
support of the Prince of Orange. During the illness of which he
|
|
died, he had thro' the Duke of Brunswick, declared to the Marquis de
|
|
la Fayette, who was then at Berlin, that he meant not to support the
|
|
English interest in Holland: that he might assure the government of
|
|
France his only wish was that some honorable place in the
|
|
Constitution should be reserved for the Stadtholder and his children,
|
|
and that he would take no part in the quarrel unless an entire
|
|
abolition of the Stadtholderate should be attempted. But his place
|
|
was now occupied by Frederic William, his great nephew, a man of
|
|
little understanding, much caprice, & very inconsiderate; and the
|
|
Princess his sister, altho' her husband was in arms against the
|
|
legitimate authorities of the country, attempting to go to Amsterdam
|
|
for the purpose of exciting the mobs of that place and being refused
|
|
permission to pass a military post on the way, he put the Duke of
|
|
Brunswick at the head of 20,000 men, and made demonstrations of
|
|
marching on Holland. The King of France hereupon declared, by his
|
|
Charge des Affaires in Holland that if the Prussian troops continued
|
|
to menace Holland with an invasion, his Majesty, in quality of Ally,
|
|
was determined to succor that province. (* 6) In answer to this Eden
|
|
gave official information to Count Montmorin, that England must
|
|
consider as at an end, it's convention with France relative to giving
|
|
notice of it's naval armaments and that she was arming generally. (*
|
|
7) War being now imminent, Eden questioned me on the effect of our
|
|
treaty with France in the case of a war, & what might be our
|
|
dispositions. I told him frankly and without hesitation that our
|
|
dispositions would be neutral, and that I thought it would be the
|
|
interest of both these powers that we should be so; because it would
|
|
relieve both from all anxiety as to feeding their W. India islands.
|
|
That England too, by suffering us to remain so, would avoid a heavy
|
|
land-war on our continent, which might very much cripple her
|
|
proceedings elsewhere; that our treaty indeed obliged us to receive
|
|
into our ports the armed vessels of France, with their prizes, and to
|
|
refuse admission to the prizes made on her by her enemies: that there
|
|
was a clause also by which we guaranteed to France her American
|
|
possessions, 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." (* 8) Liston, at Madrid, about the same time, made the
|
|
same inquiries of Carmichael. The government of France then declared
|
|
a determination to form a camp of observation at Givet, commenced
|
|
arming her marine, and named the Bailli de Suffrein their
|
|
Generalissimo on the Ocean. She secretly engaged also in
|
|
negotiations with Russia, Austria, & Spain to form a quadruple
|
|
alliance. The Duke of Brunswick having advanced to the confines of
|
|
Holland, sent some of his officers to Givet to reconnoitre the state
|
|
of things there, and report them to him. He said afterwards that "if
|
|
there had been only a few tents at that place, he should not have
|
|
advanced further, for that the King would not merely for the interest
|
|
of his sister, engage in a war with France." But finding that there
|
|
was not a single company there, he boldly entered the country, took
|
|
their towns as fast as he presented himself before them, and advanced
|
|
on Utrecht. The States had appointed the Rhingrave of Salm their
|
|
Commander-in-chief, a Prince without talents, without courage, and
|
|
without principle. He might have held out in Utrecht for a
|
|
considerable time, but he surrendered the place without firing a gun,
|
|
literally ran away & hid himself so that for months it was not known
|
|
what had become of him. Amsterdam was then attacked and capitulated.
|
|
In the meantime the negotiations for the quadruple alliance were
|
|
proceeding favorably. But the secrecy with which they were attempted
|
|
to be conducted, was penetrated by Fraser, Charge des affaires of
|
|
England at St. Petersburg, who instantly notified his court, and
|
|
gave the alarm to Prussia. The King saw at once what would be his
|
|
situation between the jaws of France, Austria, and Russia. In great
|
|
dismay he besought the court of London not to abandon him, sent
|
|
Alvensleben to Paris to explain and soothe, and England thro' the D.
|
|
of Dorset and Eden, renewed her conferences for accommodation. The
|
|
Archbishop, who shuddered at the idea of war, and preferred a
|
|
peaceful surrender of right to an armed vindication of it, received
|
|
them with open arms, entered into cordial conferences, and a
|
|
declaration, and counter declaration were cooked up at Versailles and
|
|
sent to London for approbation. They were approved there, reached
|
|
Paris at 1 o'clock of the 27th. and were signed that night at
|
|
Versailles. It was said and believed at Paris that M. de Montmorin,
|
|
literally "pleuroit comme un enfant," when obliged to sign this
|
|
counter declaration; so distressed was he by the dishonor of
|
|
sacrificing the Patriots after assurances so solemn of protection,
|
|
and absolute encouragement to proceed. (* 9) The Prince of Orange
|
|
was reinstated in all his powers, now become regal. A great
|
|
emigration of the Patriots took place, all were deprived of office,
|
|
many exiled, and their property confiscated. They were received in
|
|
France, and subsisted for some time on her bounty. Thus fell
|
|
Holland, by the treachery of her chief, from her honorable
|
|
independence to become a province of England, and so also her
|
|
Stadtholder from the high station of the first citizen of a free
|
|
republic, to be the servile Viceroy of a foreign sovereign. And this
|
|
was effected by a mere scene of bullying & demonstration, not one of
|
|
the parties, France England or Prussia having ever really meant to
|
|
encounter actual war for the interest of the Prince of Orange. But
|
|
it had all the effect of a real and decisive war.
|
|
|
|
(* 5) lre to Jay Aug. 6. 87.
|
|
|
|
(* 6) My lre Sep. 22. 87.
|
|
|
|
(* 7) My lre to J. Jay Sep.24.
|
|
|
|
(* 8) lre to Carm. Dec. 15.
|
|
|
|
(* 9) My lre to Jay Nov. 3. lre to J. Adams, Nov. 13.
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|
|
|
Our first essay in America to establish a federative government
|
|
had fallen, on trial, very short of it's object. During the war of
|
|
Independance, while the pressure of an external enemy hooped us
|
|
together, and their enterprises kept us necessarily on the alert, the
|
|
spirit of the people, excited by danger, was a supplement to the
|
|
Confederation, and urged them to zealous exertions, whether claimed
|
|
by that instrument, or not. But when peace and safety were restored,
|
|
and every man became engaged in useful and profitable occupation,
|
|
less attention was paid to the calls of Congress. The fundamental
|
|
defect of the Confederation was that Congress was not authorized to
|
|
act immediately on the people, & by it's own officers. Their power
|
|
was only requisitory, and these requisitions were addressed to the
|
|
several legislatures, to be by them carried into execution, without
|
|
other coercion than the moral principle of duty. This allowed in
|
|
fact a negative to every legislature, on every measure proposed by
|
|
Congress; a negative so frequently exercised in practice as to benumb
|
|
the action of the federal government, and to render it inefficient in
|
|
it's general objects, & more especially in pecuniary and foreign
|
|
concerns. The want too of a separation of the legislative,
|
|
executive, & judiciary functions worked disadvantageously in
|
|
practice. Yet this state of things afforded a happy augury of the
|
|
future march of our confederacy, when it was seen that the good sense
|
|
and good dispositions of the people, as soon as they perceived the
|
|
incompetence of their first compact, instead of leaving it's
|
|
correction to insurrection and civil war, agreed with one voice to
|
|
elect deputies to a general convention, who should peaceably meet and
|
|
agree on such a constitution as "would ensure peace, justice,
|
|
liberty, the common defence & general welfare."
|
|
|
|
This Convention met at Philadelphia on the 25th. of May '87.
|
|
It sate with closed doors and kept all it's proceedings secret, until
|
|
it's dissolution on the 17th. of September, when the results of their
|
|
labors were published all together. I received a copy early in
|
|
November, and read and contemplated it's provisions with great
|
|
satisfaction. As not a member of the Convention however, nor
|
|
probably a single citizen of the Union, had approved it in all it's
|
|
parts, so I too found articles which I thought objectionable. The
|
|
absence of express declarations ensuring freedom of religion, freedom
|
|
of the press, freedom of the person under the uninterrupted
|
|
protection of the Habeas corpus, & trial by jury in civil as well as
|
|
in criminal cases excited my jealousy; and the re-eligibility of the
|
|
President for life, I quite disapproved. I expressed freely in
|
|
letters to my friends, and most particularly to Mr. Madison & General
|
|
Washington, my approbations and objections. How the good should be
|
|
secured, and the ill brought to rights was the difficulty. To refer
|
|
it back to a new Convention might endanger the loss of the whole. My
|
|
first idea was that the 9. states first acting should accept it
|
|
unconditionally, and thus secure what in it was good, and that the 4.
|
|
last should accept on the previous condition that certain amendments
|
|
should be agreed to, but a better course was devised of accepting the
|
|
whole and trusting that the good sense & honest intentions of our
|
|
citizens would make the alterations which should be deemed necessary.
|
|
Accordingly all accepted, 6. without objection, and 7. with
|
|
recommendations of specified amendments. Those respecting the press,
|
|
religion, & juries, with several others, of great value, were
|
|
accordingly made; but the Habeas corpus was left to the discretion of
|
|
Congress, and the amendment against the reeligibility of the
|
|
President was not proposed by that body. My fears of that feature
|
|
were founded on the importance of the office, on the fierce
|
|
contentions it might excite among ourselves, if continuable for life,
|
|
and the dangers of interference either with money or arms, by foreign
|
|
nations, to whom the choice of an American President might become
|
|
interesting. Examples of this abounded in history; in the case of
|
|
the Roman emperors for instance, of the Popes while of any
|
|
significance, of the German emperors, the Kings of Poland, & the Deys
|
|
of Barbary. I had observed too in the feudal History, and in the
|
|
recent instance particularly of the Stadtholder of Holland, how
|
|
easily offices or tenures for life slide into inheritances. My wish
|
|
therefore was that the President should be elected for 7. years & be
|
|
ineligible afterwards. This term I thought sufficient to enable him,
|
|
with the concurrence of the legislature, to carry thro' & establish
|
|
any system of improvement he should propose for the general good.
|
|
But the practice adopted I think is better allowing his continuance
|
|
for 8. years with a liability to be dropped at half way of the term,
|
|
making that a period of probation. That his continuance should be
|
|
restrained to 7. years was the opinion of the Convention at an early
|
|
stage of it's session, when it voted that term by a majority of 8.
|
|
against 2. and by a simple majority that he should be ineligible a
|
|
second time. This opinion &c. was confirmed by the house so late as
|
|
July 26. referred to the committee of detail, reported favorably by
|
|
them, and changed to the present form by final vote on the last day
|
|
but one only of their session. Of this change three states expressed
|
|
their disapprobation, N. York by recommending an amendment that the
|
|
President should not be eligible a third time, and Virginia and N.
|
|
Carolina that he should not be capable of serving more than 8. in any
|
|
term of 16. years. And altho' this amendment has not been made in
|
|
form, yet practice seems to have established it. The example of 4
|
|
Presidents voluntarily retiring at the end of their 8th year, & the
|
|
progress of public opinion that the principle is salutary, have given
|
|
it in practice the force of precedent & usage; insomuch that should a
|
|
President consent to be a candidate for a 3d. election, I trust he
|
|
would be rejected on this demonstration of ambitious views.
|
|
|
|
But there was another amendment of which none of us thought at
|
|
the time and in the omission of which lurks the germ that is to
|
|
destroy this happy combination of National powers in the General
|
|
government for matters of National concern, and independent powers in
|
|
the states for what concerns the states severally. In England it was
|
|
a great point gained at the Revolution, that the commissions of the
|
|
judges, which had hitherto been during pleasure, should thenceforth
|
|
be made during good behavior. A Judiciary dependent on the will of
|
|
the King had proved itself the most oppressive of all tools in the
|
|
hands of that Magistrate. Nothing then could be more salutary than a
|
|
change there to the tenure of good behavior; and the question of good
|
|
behavior left to the vote of a simple majority in the two houses of
|
|
parliament. Before the revolution we were all good English Whigs,
|
|
cordial in their free principles, and in their jealousies of their
|
|
executive Magistrate. These jealousies are very apparent in all our
|
|
state constitutions; and, in the general government in this instance,
|
|
we have gone even beyond the English caution, by requiring a vote of
|
|
two thirds in one of the Houses for removing a judge; a vote so
|
|
impossible where (* 10) any defence is made, before men of ordinary
|
|
prejudices & passions, that our judges are effectually independent of
|
|
the nation. But this ought not to be. I would not indeed make them
|
|
dependant on the Executive authority, as they formerly were in
|
|
England; but I deem it indispensable to the continuance of this
|
|
government that they should be submitted to some practical &
|
|
impartial controul: and that this, to be imparted, must be compounded
|
|
of a mixture of state and federal authorities. It is not enough that
|
|
honest men are appointed judges. All know the influence of interest
|
|
on the mind of man, and how unconsciously his judgment is warped by
|
|
that influence. To this bias add that of the esprit de corps, of
|
|
their peculiar maxim and creed that "it is the office of a good judge
|
|
to enlarge his jurisdiction," and the absence of responsibility, and
|
|
how can we expect impartial decision between the General government,
|
|
of which they are themselves so eminent a part, and an individual
|
|
state from which they have nothing to hope or fear. We have seen too
|
|
that, contrary to all correct example, they are in the habit of going
|
|
out of the question before them, to throw an anchor ahead and grapple
|
|
further hold for future advances of power. They are then in fact the
|
|
corps of sappers & miners, steadily working to undermine the
|
|
independant rights of the States, & to consolidate all power in the
|
|
hands of that government in which they have so important a freehold
|
|
estate. But it is not by the consolidation, or concentration of
|
|
powers, but by their distribution, that good government is effected.
|
|
Were not this great country already divided into states, that
|
|
division must be made, that each might do for itself what concerns
|
|
itself directly, and what it can so much better do than a distant
|
|
authority. Every state again is divided into counties, each to take
|
|
care of what lies within it's local bounds; each county again into
|
|
townships or wards, to manage minuter details; and every ward into
|
|
farms, to be governed each by it's individual proprietor. Were we
|
|
directed from Washington when to sow, & when to reap, we should soon
|
|
want bread. It is by this partition of cares, descending in
|
|
gradation from general to particular, that the mass of human affairs
|
|
may be best managed for the good and prosperity of all. I repeat
|
|
that I do not charge the judges with wilful and ill-intentioned
|
|
error; but honest error must be arrested where it's toleration leads
|
|
to public ruin. As, for the safety of society, we commit honest
|
|
maniacs to Bedlam, so judges should be withdrawn from their bench,
|
|
whose erroneous biases are leading us to dissolution. It may indeed
|
|
injure them in fame or in fortune; but it saves the republic, which
|
|
is the first and supreme law. In the impeachment of judge Pickering
|
|
of New Hampshire, a habitual & maniac drunkard, no defence was made.
|
|
Had there been, the party vote of more than one third of the Senate
|
|
would have acquitted him.
|
|
|
|
(* 10) In the impeachment of judge Pickering of New Hampsire, a
|
|
habitual & maniac drunkard, no defence was made. Had there been, the
|
|
party vote of more than one third of the Senate would have acquitted
|
|
him.
|
|
|
|
Among the debilities of the government of the Confederation, no
|
|
one was more distinguished or more distressing than the utter
|
|
impossibility of obtaining, from the states, the monies necessary for
|
|
the payment of debts, or even for the ordinary expenses of the
|
|
government. Some contributed a little, some less, & some nothing,
|
|
and the last furnished at length an excuse for the first to do
|
|
nothing also. Mr. Adams, while residing at the Hague, had a general
|
|
authority to borrow what sums might be requisite for ordinary &
|
|
necessary expenses. Interest on the public debt, and the maintenance
|
|
of the diplomatic establishment in Europe, had been habitually
|
|
provided in this way. He was now elected Vice President of the U. S.
|
|
was soon to return to America, and had referred our bankers to me for
|
|
future councel on our affairs in their hands. But I had no powers,
|
|
no instructions, no means, and no familiarity with the subject. It
|
|
had always been exclusively under his management, except as to
|
|
occasional and partial deposits in the hands of Mr. Grand, banker in
|
|
Paris, for special and local purposes. These last had been exhausted
|
|
for some time, and I had fervently pressed the Treasury board to
|
|
replenish this particular deposit; as Mr. Grand now refused to make
|
|
further advances. They answered candidly that no funds could be
|
|
obtained until the new government should get into action, and have
|
|
time to make it's arrangements. Mr. Adams had received his
|
|
appointment to the court of London while engaged at Paris, with Dr.
|
|
Franklin and myself, in the negotiations under our joint commissions.
|
|
He had repaired thence to London, without returning to the Hague to
|
|
take leave of that government. He thought it necessary however to do
|
|
so now, before he should leave Europe, and accordingly went there. I
|
|
learned his departure from London by a letter from Mrs. Adams
|
|
received on the very day on which he would arrive at the Hague. A
|
|
consultation with him, & some provision for the future was
|
|
indispensable, while we could yet avail ourselves of his powers. For
|
|
when they would be gone, we should be without resource. I was daily
|
|
dunned by a company who had formerly made a small loan to the U S.
|
|
the principal of which was now become due; and our bankers in
|
|
Amsterdam had notified me that the interest on our general debt would
|
|
be expected in June; that if we failed to pay it, it would be deemed
|
|
an act of bankruptcy and would effectually destroy the credit of the
|
|
U S. and all future prospect of obtaining money there; that the loan
|
|
they had been authorized to open, of which a third only was filled,
|
|
and now ceased to get forward, and rendered desperate that hope of
|
|
resource. I saw that there was not a moment to lose, and set out for
|
|
the Hague on the 2d. morning after receiving the information of Mr.
|
|
Adams's journey. I went the direct road by Louvres, Senlis, Roye,
|
|
Pont St. Maxence, Bois le duc, Gournay, Peronne, Cambray, Bouchain,
|
|
Valenciennes, Mons, Bruxelles, Malines, Antwerp, Mordick, and
|
|
Rotterdam, to the Hague, where I happily found Mr. Adams. He
|
|
concurred with me at once in opinion that something must be done, and
|
|
that we ought to risk ourselves on doing it without instructions, to
|
|
save the credit of the U S. We foresaw that before the new
|
|
government could be adopted, assembled, establish it's financial
|
|
system, get the money into the treasury, and place it in Europe,
|
|
considerable time would elapse; that therefore we had better provide
|
|
at once for the years 88. 89. & 90. in order to place our government
|
|
at it's ease, and our credit in security, during that trying
|
|
interval. We set out therefore by the way of Leyden for Amsterdam,
|
|
where we arrived on the 10th. I had prepared an estimate showing
|
|
that
|
|
|
|
Florins.
|
|
there would be necessary for the year 88 -- 531,937 -- 10
|
|
89 -- 538,540
|
|
90 -- 473,540
|
|
--------------------
|
|
Total, 1,544,017 -- 10
|
|
Flor.
|
|
|
|
to meet this the bankers had in hand 79,268 -- 2 -- 8
|
|
& the unsold bonds would yield 542,800 622,068 -- 2 -- 8
|
|
-------- -----------------
|
|
we proposed then to borrow a million yielding. . . 900,000
|
|
-----------------
|
|
which would leave a small deficiency of. . . . . . 1,949 -- 7 -- 4
|
|
|
|
Mr. Adams accordingly executed 1000. bonds, for 1000. florins
|
|
each, and deposited them in the hands of our bankers, with
|
|
instructions however not to issue them until Congress should ratify
|
|
the measure. This done, he returned to London, and I set out for
|
|
Paris; and as nothing urgent forbade it, I determined to return along
|
|
the banks of the Rhine to Strasburg, and thence strike off to Paris.
|
|
I accordingly left Amsterdam on the 30th of March, and proceeded by
|
|
Utrecht, Nimeguen, Cleves, Duysberg, Dusseldorf, Cologne, Bonne,
|
|
Coblentz, Nassau, Hocheim, Frankfort, & made an excursion to Hanau,
|
|
thence to Mayence and another excursion to Rude-sheim, & Johansberg;
|
|
then by Oppenheim, Worms, and Manheim, and an excursion to
|
|
Heidelberg, then by Spire, Carlsruh, Rastadt & Kelh, to Strasburg,
|
|
where I arrived Apr. 16th, and proceeded again on the 18th, by
|
|
Phalsbourg, Fenestrange, Dieuze, Moyenvie, Nancy, Toul, Ligny,
|
|
Barleduc, St. Diziers, Vitry, Chalons sur Marne, Epernay, Chateau
|
|
Thierri, Meaux, to Paris where I arrived on the 23d. of April; and I
|
|
had the satisfaction to reflect that by this journey our credit was
|
|
secured, the new government was placed at ease for two years to come,
|
|
and that as well as myself were relieved from the torment of
|
|
incessant duns, whose just complaints could not be silenced by any
|
|
means within our power.
|
|
|
|
A Consular Convention had been agreed on in 84. between Dr.
|
|
Franklin and the French government containing several articles so
|
|
entirely inconsistent with the laws of the several states, and the
|
|
general spirit of our citizens, that Congress withheld their
|
|
ratification, and sent it back to me with instructions to get those
|
|
articles expunged or modified so as to render them compatible with
|
|
our laws. The minister retired unwillingly from these concessions,
|
|
which indeed authorized the exercise of powers very offensive in a
|
|
free state. After much discussion it was reformed in a considerable
|
|
degree, and the Convention was signed by the Count Montmorin and
|
|
myself, on the 14th. of Nov. 88 not indeed such as I would have
|
|
wished; but such as could be obtained with good humor & friendship.
|
|
|
|
On my return from Holland, I had found Paris still in high
|
|
fermentation as I had left it. Had the Archbishop, on the close of
|
|
the assembly of Notables, immediately carried into operation the
|
|
measures contemplated, it was believed they would all have been
|
|
registered by the parliament, but he was slow, presented his edicts,
|
|
one after another, & at considerable intervals of time, which gave
|
|
time for the feelings excited by the proceedings of the Notables to
|
|
cool off, new claims to be advanced, and a pressure to arise for a
|
|
fixed constitution, not subject to changes at the will of the King.
|
|
Nor should we wonder at this pressure when we consider the monstrous
|
|
abuses of power under which this people were ground to powder, when
|
|
we pass in review the weight of their taxes, and inequality of their
|
|
distribution; the oppressions of the tythes, of the tailles, the
|
|
corvees, the gabelles, the farms & barriers; the shackles on Commerce
|
|
by monopolies; on Industry by gilds & corporations; on the freedom of
|
|
conscience, of thought, and of speech; on the Press by the Censure;
|
|
and of person by lettres de Cachet; the cruelty of the criminal code
|
|
generally, the atrocities of the Rack, the venality of judges, and
|
|
their partialities to the rich; the Monopoly of Military honors by
|
|
the Noblesse; the enormous expenses of the Queen, the princes & the
|
|
Court; the prodigalities of pensions; & the riches, luxury, indolence
|
|
& immorality of the clergy. Surely under such a mass of misrule and
|
|
oppression, a people might justly press for a thoro' reformation, and
|
|
might even dismount their rough-shod riders, & leave them to walk on
|
|
their own legs. The edicts relative to the corvees & free
|
|
circulation of grain, were first presented to the parliament and
|
|
registered. But those for the impot territorial, & stamp tax,
|
|
offered some time after, were refused by the parliament, which
|
|
proposed a call of the States General as alone competent to their
|
|
authorization. Their refusal produced a Bed of justice, and their
|
|
exile to Troyes. The advocates however refusing to attend them, a
|
|
suspension in the administration of justice took place. The
|
|
Parliament held out for awhile, but the ennui of their exile and
|
|
absence from Paris begun at length to be felt, and some dispositions
|
|
for compromise to appear. On their consent therefore to prolong some
|
|
of the former taxes, they were recalled from exile, the King met them
|
|
in session Nov. 19. 87. promised to call the States General in the
|
|
year 92. and a majority expressed their assent to register an edict
|
|
for successive and annual loans from 1788. to 92. But a protest
|
|
being entered by the Duke of Orleans and this encouraging others in a
|
|
disposition to retract, the King ordered peremptorily the registry of
|
|
the edict, and left the assembly abruptly. The parliament
|
|
immediately protested that the votes for the enregistry had not been
|
|
legally taken, and that they gave no sanction to the loans proposed.
|
|
This was enough to discredit and defeat them. Hereupon issued
|
|
another edict for the establishment of a cour pleniere, and the
|
|
suspension of all the parliaments in the kingdom. This being opposed
|
|
as might be expected by reclamations from all the parliaments &
|
|
provinces, the King gave way and by an edict of July 5. 88 renounced
|
|
his cour pleniere, & promised the States General for the 1st. of May
|
|
of the ensuing year: and the Archbishop finding the times beyond his
|
|
faculties, accepted the promise of a Cardinal's hat, was removed
|
|
[Sep. 88] from the ministry, and Mr. Necker was called to the
|
|
department of finance. The innocent rejoicings of the people of Paris
|
|
on this change provoked the interference of an officer of the city
|
|
guards, whose order for their dispersion not being obeyed, he charged
|
|
them with fixed bayonets, killed two or three, and wounded many.
|
|
This dispersed them for the moment; but they collected the next day
|
|
in great numbers, burnt 10. or 12. guard houses, killed two or three
|
|
of the guards, & lost 6. or 8. more of their own number. The city was
|
|
hereupon put under martial law, and after awhile the tumult subsided.
|
|
The effect of this change of ministers, and the promise of the States
|
|
General at an early day, tranquillized the nation. But two great
|
|
questions now occurred. 1. What proportion shall the number of
|
|
deputies of the tiers etat bear to those of the Nobles and Clergy?
|
|
And 2. shall they sit in the same, or in distinct apartments? Mr.
|
|
Necker, desirous of avoiding himself these knotty questions, proposed
|
|
a second call of the same Notables, and that their advice should be
|
|
asked on the subject. They met Nov. 9. 88. and, by five bureaux
|
|
against one, they recommended the forms of the States General of
|
|
1614. wherein the houses were separate, and voted by orders, not by
|
|
persons. But the whole nation declaring at once against this, and
|
|
that the tiers etat should be, in numbers, equal to both the other
|
|
orders, and the Parliament deciding for the same proportion, it was
|
|
determined so to be, by a declaration of Dec. 27. 88. A Report of
|
|
Mr. Necker to the King, of about the same date, contained other very
|
|
important concessions. 1. That the King could neither lay a new tax,
|
|
nor prolong an old one. 2. It expressed a readiness to agree on the
|
|
periodical meeting of the States. 3. To consult on the necessary
|
|
restriction on lettres de Cachet. And 4. how far the Press might be
|
|
made free. 5. It admits that the States are to appropriate the
|
|
public money; and 6. that Ministers shall be responsible for public
|
|
expenditures. And these concessions came from the very heart of the
|
|
King. He had not a wish but for the good of the nation, and for that
|
|
object no personal sacrifice would ever have cost him a moment's
|
|
regret. But his mind was weakness itself, his constitution timid,
|
|
his judgment null, and without sufficient firmness even to stand by
|
|
the faith of his word. His Queen too, haughty and bearing no
|
|
contradiction, had an absolute ascendency over him; and around her
|
|
were rallied the King's brother d'Artois, the court generally, and
|
|
the aristocratic part of his ministers, particularly Breteuil,
|
|
Broglio, Vauguyon, Foulon, Luzerne, men whose principles of
|
|
government were those of the age of Louis XIV. Against this host the
|
|
good counsels of Necker, Montmorin, St. Priest, altho' in unison with
|
|
the wishes of the King himself, were of little avail. The
|
|
resolutions of the morning formed under their advice, would be
|
|
reversed in the evening by the influence of the Queen & court. But
|
|
the hand of heaven weighed heavily indeed on the machinations of this
|
|
junto; producing collateral incidents, not arising out of the case,
|
|
yet powerfully co-exciting the nation to force a regeneration of it's
|
|
government, and overwhelming with accumulated difficulties this
|
|
liberticide resistance. For, while laboring under the want of money
|
|
for even ordinary purposes, in a government which required a million
|
|
of livres a day, and driven to the last ditch by the universal call
|
|
for liberty, there came on a winter of such severe cold, as was
|
|
without example in the memory of man, or in the written records of
|
|
history. The Mercury was at times 50;dg below the freezing point of
|
|
Fahrenheit and 22;dg below that of Reaumur. All out-door labor was
|
|
suspended, and the poor, without the wages of labor, were of course
|
|
without either bread or fuel. The government found it's necessities
|
|
aggravated by that of procuring immense quantities of fire-wood, and
|
|
of keeping great fires at all the cross-streets, around which the
|
|
people gathered in crowds to avoid perishing with cold. Bread too
|
|
was to be bought, and distributed daily gratis, until a relax-ation
|
|
of the season should enable the people to work: and the slender stock
|
|
of bread-stuff had for some time threatened famine, and had raised
|
|
that article to an enormous price. So great indeed was the scarcity
|
|
of bread that from the highest to the lowest citizen, the bakers were
|
|
permitted to deal but a scanty allowance per head, even to those who
|
|
paid for it; and in cards of invitation to dine in the richest
|
|
houses, the guest was notified to bring his own bread. To eke out
|
|
the existence of the people, every person who had the means, was
|
|
called on for a weekly subscription, which the Cures collected and
|
|
employed in providing messes for the nourishment of the poor, and
|
|
vied with each other in devising such economical compositions of food
|
|
as would subsist the greatest number with the smallest means. This
|
|
want of bread had been foreseen for some time past and M. de
|
|
Montmorin had desired me to notify it in America, and that, in
|
|
addition to the market price, a premium should be given on what
|
|
should be brought from the U S. Notice was accordingly given and
|
|
produced considerable supplies. Subsequent information made the
|
|
importations from America, during the months of March, April & May,
|
|
into the Atlantic ports of France, amount to about 21,000 barrels of
|
|
flour, besides what went to other ports, and in other months, while
|
|
our supplies to their West-Indian islands relieved them also from
|
|
that drain. This distress for bread continued till July.
|
|
|
|
Hitherto no acts of popular violence had been produced by the
|
|
struggle for political reformation. Little riots, on ordinary
|
|
incidents, had taken place, as at other times, in different parts of
|
|
the kingdom, in which some lives, perhaps a dozen or twenty, had been
|
|
lost, but in the month of April a more serious one occurred in Paris,
|
|
unconnected indeed with the revolutionary principle, but making part
|
|
of the history of the day. The Fauxbourg St. Antoine is a quarter of
|
|
the city inhabited entirely by the class of day-laborers and
|
|
journeymen in every line. A rumor was spread among them that a great
|
|
paper manufacturer, of the name of Reveillon, had proposed, on some
|
|
occasion, that their wages should be lowered to 15 sous a day.
|
|
Inflamed at once into rage, & without inquiring into it's truth, they
|
|
flew to his house in vast numbers, destroyed everything in it, and in
|
|
his magazines & work shops, without secreting however a pin's worth
|
|
to themselves, and were continuing this work of devastation when the
|
|
regular troops were called in. Admonitions being disregarded, they
|
|
were of necessity fired on, and a regular action ensued, in which
|
|
about 100. of them were killed, before the rest would disperse.
|
|
There had rarely passed a year without such a riot in some part or
|
|
other of the Kingdom; and this is distinguished only as cotemporary
|
|
with the revolution, altho' not produced by it.
|
|
|
|
The States General were opened on the 5th. of May 89. by
|
|
speeches from the King, the Garde des Sceaux Lamoignon, and Mr.
|
|
Necker. The last was thought to trip too lightly over the
|
|
constitutional reformations which were expected. His notices of them
|
|
in this speech were not as full as in his previous `Rapport au Roi.'
|
|
This was observed to his disadvantage. But much allowance should
|
|
have been made for the situation in which he was placed between his
|
|
own counsels, and those of the ministers and party of the court.
|
|
Overruled in his own opinions, compelled to deliver, and to gloss
|
|
over those of his opponents, and even to keep their secrets, he could
|
|
not come forward in his own attitude.
|
|
|
|
The composition of the assembly, altho' equivalent on the whole
|
|
to what had been expected, was something different in it's elements.
|
|
It has been supposed that a superior education would carry into the
|
|
scale of the Commons a respectable portion of the Noblesse. It did
|
|
so as to those of Paris, of it's vicinity and of the other
|
|
considerable cities, whose greater intercourse with enlightened
|
|
society had liberalized their minds, and prepared them to advance up
|
|
to the measure of the times. But the Noblesse of the country, which
|
|
constituted two thirds of that body, were far in their rear.
|
|
Residing constantly on their patrimonial feuds, and familiarized by
|
|
daily habit with Seigneurial powers and practices, they had not yet
|
|
learned to suspect their inconsistence with reason and right. They
|
|
were willing to submit to equality of taxation, but not to descend
|
|
from their rank and prerogatives to be incorporated in session with
|
|
the tiers etat. Among the clergy, on the other hand, it had been
|
|
apprehended that the higher orders of the hierarchy, by their wealth
|
|
and connections, would have carried the elections generally. But it
|
|
proved that in most cases the lower clergy had obtained the popular
|
|
majorities. These consisted of the Cures, sons of the peasantry who
|
|
had been employed to do all the drudgery of parochial services for
|
|
10. 20. or 30 Louis a year; while their superiors were consuming
|
|
their princely revenues in palaces of luxury & indolence.
|
|
|
|
The objects for which this body was convened being of the first
|
|
order of importance, I felt it very interesting to understand the
|
|
views of the parties of which it was composed, and especially the
|
|
ideas prevalent as to the organization contemplated for their
|
|
government. I went therefore daily from Paris to Versailles, and
|
|
attended their debates, generally till the hour of adjournment.
|
|
Those of the Noblesse were impassioned and tempestuous. They had
|
|
some able men on both sides, and actuated by equal zeal. The debates
|
|
of the Commons were temperate, rational and inflexibly firm. As
|
|
preliminary to all other business, the awful questions came on, Shall
|
|
the States sit in one, or in distinct apartments? And shall they
|
|
vote by heads or houses? The opposition was soon found to consist of
|
|
the Episcopal order among the clergy, and two thirds of the Noblesse;
|
|
while the tiers etat were, to a man, united and determined. After
|
|
various propositions of compromise had failed, the Commons undertook
|
|
to cut the Gordian knot. The Abbe Sieyes, the most logical head of
|
|
the nation, (author of the pamphlet Qu'est ce que le tiers etat?
|
|
which had electrified that country, as Paine's Common sense did us)
|
|
after an impressive speech on the 10th of June, moved that a last
|
|
invitation should be sent to the Nobles and Clergy, to attend in the
|
|
Hall of the States, collectively or individually for the verification
|
|
of powers, to which the commons would proceed immediately, either in
|
|
their presence or absence. This verification being finished, a
|
|
motion was made, on the 15th. that they should constitute themselves
|
|
a National assembly; which was decided on the 17th. by a majority of
|
|
four fifths. During the debates on this question, about twenty of
|
|
the Cures had joined them, and a proposition was made in the chamber
|
|
of the clergy that their whole body should join them. This was
|
|
rejected at first by a small majority only; but, being afterwards
|
|
somewhat modified, it was decided affirmatively, by a majority of
|
|
eleven. While this was under debate and unknown to the court, to
|
|
wit, on the 19th. a council was held in the afternoon at Marly,
|
|
wherein it was proposed that the King should interpose by a
|
|
declaration of his sentiments, in a _seance royale._ A form of
|
|
declaration was proposed by Necker, which, while it censured in
|
|
general the proceedings both of the Nobles and Commons, announced the
|
|
King's views, such as substantially to coincide with the Commons. It
|
|
was agreed to in council, the _seance_ was fixed for the 22d. the
|
|
meetings of the States were till then to be suspended, and
|
|
everything, in the meantime, kept secret. The members the next
|
|
morning (20th.) repairing to their house as usual, found the doors
|
|
shut and guarded, a proclamation posted up for a seance royale on the
|
|
22d. and a suspension of their meetings in the meantime. Concluding
|
|
that their dissolution was now to take place, they repaired to a
|
|
building called the "Jeu de paume" (or Tennis court) and there bound
|
|
themselves by oath to each other, never to separate of their own
|
|
accord, till they had settled a constitution for the nation, on a
|
|
solid basis, and if separated by force, that they would reassemble in
|
|
some other place. The next day they met in the church of St. Louis,
|
|
and were joined by a majority of the clergy. The heads of the
|
|
Aristocracy saw that all was lost without some bold exertion. The
|
|
King was still at Marly. Nobody was permitted to approach him but
|
|
their friends. He was assailed by falsehoods in all shapes. He was
|
|
made to believe that the Commons were about to absolve the army from
|
|
their oath of fidelity to him, and to raise their pay. The court
|
|
party were now all rage and desperate. They procured a committee to
|
|
be held consisting of the King and his ministers, to which Monsieur &
|
|
the Count d'Artois should be admitted. At this committee the latter
|
|
attacked Mr. Necker personally, arraigned his declaration, and
|
|
proposed one which some of his prompters had put into his hands. Mr.
|
|
Necker was brow-beaten and intimidated, and the King shaken. He
|
|
determined that the two plans should be deliberated on the next day
|
|
and the seance royale put off a day longer. This encouraged a
|
|
fiercer attack on Mr. Necker the next day. His draught of a
|
|
declaration was entirely broken up, & that of the Count d'Artois
|
|
inserted into it. Himself and Montmorin offered their resignation,
|
|
which was refused, the Count d'Artois saying to Mr. Necker "No sir,
|
|
you must be kept as the hostage; we hold you responsible for all the
|
|
ill which shall happen." This change of plan was immediately
|
|
whispered without doors. The Noblesse were in triumph; the people in
|
|
consternation. I was quite alarmed at this state of things. The
|
|
soldiery had not yet indicated which side they should take, and that
|
|
which they should support would be sure to prevail. I considered a
|
|
successful reformation of government in France, as ensuring a general
|
|
reformation thro Europe, and the resurrection, to a new life, of
|
|
their people, now ground to dust by the abuses of the governing
|
|
powers. I was much acquainted with the leading patriots of the
|
|
assembly. Being from a country which had successfully passed thro' a
|
|
similar reformation, they were disposed to my acquaintance, and had
|
|
some confidence in me. I urged most strenuously an immediate
|
|
compromise; to secure what the government was now ready to yield, and
|
|
trust to future occasions for what might still be wanting. It was
|
|
well understood that the King would grant at this time 1. Freedom of
|
|
the person by Habeas corpus. 2. Freedom of conscience. 3. Freedom
|
|
of the press. 4. Trial by jury. 5. A representative legislature.
|
|
6. Annual meetings. 7. The origination of laws. 8. The exclusive
|
|
right of taxation and appropriation. And 9. The responsibility of
|
|
ministers; and with the exercise of these powers they would obtain in
|
|
future whatever might be further necessary to improve and preserve
|
|
their constitution. They thought otherwise however, and events have
|
|
proved their lamentable error. For after 30. years of war, foreign
|
|
and domestic, the loss of millions of lives, the prostration of
|
|
private happiness, and foreign subjugation of their own country for a
|
|
time, they have obtained no more, nor even that securely. They were
|
|
unconscious of (for who could foresee?) the melancholy sequel of
|
|
their well-meant perseverance; that their physical force would be
|
|
usurped by a first tyrant to trample on the independance, and even
|
|
the existence, of other nations: that this would afford fatal example
|
|
for the atrocious conspiracy of Kings against their people; would
|
|
generate their unholy and homicide alliance to make common cause
|
|
among themselves, and to crush, by the power of the whole, the
|
|
efforts of any part, to moderate their abuses and oppressions.
|
|
|
|
When the King passed, the next day, thro' the lane formed from
|
|
the Chateau to the Hotel des etats, there was a dead silence. He was
|
|
about an hour in the House delivering his speech & declaration. On
|
|
his coming out a feeble cry of "Vive le Roy" was raised by some
|
|
children, but the people remained silent & sullen. In the close of
|
|
his speech he had ordered that the members should follow him, &
|
|
resume their deliberations the next day. The Noblesse followed him,
|
|
and so did the clergy, except about thirty, who, with the tiers,
|
|
remained in the room, and entered into deliberation. They protested
|
|
against what the King had done, adhered to all their former
|
|
proceedings, and resolved the inviolability of their own persons. An
|
|
officer came to order them out of the room in the King's name. "Tell
|
|
those who sent you, said Mirabeau, that we shall not move hence but
|
|
at our own will, or the point of the bayonet." In the afternoon the
|
|
people, uneasy, began to assemble in great numbers in the courts, and
|
|
vicinities of the palace. This produced alarm. The Queen sent for
|
|
Mr. Necker. He was conducted amidst the shouts and acclamations of
|
|
the multitude who filled all the apartments of the palace. He was a
|
|
few minutes only with the queen, and what passed between them did not
|
|
transpire. The King went out to ride. He passed thro' the crowd to
|
|
his carriage and into it, without being in the least noticed. As Mr.
|
|
Neckar followed him universal acclamations were raised of "vive
|
|
Monsr. Neckar, vive le sauveur de la France opprimee." He was
|
|
conducted back to his house with the same demonstrations of affection
|
|
and anxiety. About 200. deputies of the Tiers, catching the
|
|
enthusiasm of the moment, went to his house, and extorted from him a
|
|
promise that he would not resign. On the 25th. 48. of the Nobles
|
|
joined the tiers, & among them the D. of Orleans. There were then
|
|
with them 164 members of the Clergy, altho' the minority of that body
|
|
still sat apart & called themselves the chamber of the clergy. On
|
|
the 26th. the Archbp. of Paris joined the tiers, as did some others
|
|
of the clergy and of the Noblesse.
|
|
|
|
These proceedings had thrown the people into violent ferment.
|
|
It gained the souldiery, first of the French guards, extended to
|
|
those of every other denomination, except the Swiss, and even to the
|
|
body guards of the King. They began to quit their barracks, to
|
|
assemble in squads, to declare they would defend the life of the
|
|
King, but would not be the murderers of their fellow-citizens. They
|
|
called themselves the souldiers _of the nation_, and left now no
|
|
doubt on which side they would be, in case of rupture. Similar
|
|
accounts came in from the troops in other parts of the kingdom,
|
|
giving good reason to believe they would side with their fathers and
|
|
brothers rather than with their officers. The operation of this
|
|
medicine at Versailles was as sudden as it was powerful. The alarm
|
|
there was so compleat that in the afternoon of the 27th. the King
|
|
wrote with his own hand letters to the Presidents of the clergy and
|
|
Nobles, engaging them immediately to join the Tiers. These two
|
|
bodies were debating & hesitating when notes from the Ct. d'Artois
|
|
decided their compliance. They went in a body and took their seats
|
|
with the tiers, and thus rendered the union of the orders in one
|
|
chamber compleat.
|
|
|
|
The Assembly now entered on the business of their mission, and
|
|
first proceeded to arrange the order in which they would take up the
|
|
heads of their constitution, as follows:
|
|
|
|
First, and as Preliminary to the whole a general Declaration of
|
|
the Rights of Man. Then specifically the Principles of the Monarchy;
|
|
rights of the Nation; rights of the King; rights of the citizens;
|
|
organization & rights of the National assembly; forms necessary for
|
|
the enactment of laws; organization & functions of the provincial &
|
|
municipal assemblies; duties and limits of the Judiciary power;
|
|
functions & duties of the military power.
|
|
|
|
A declaration of the rights of man, as the preliminary of their
|
|
work, was accordingly prepared and proposed by the Marquis de la
|
|
Fayette.
|
|
|
|
But the quiet of their march was soon disturbed by information
|
|
that troops, and particularly the foreign troops, were advancing on
|
|
Paris from various quarters. The King had been probably advised to
|
|
this on the pretext of preserving peace in Paris. But his advisers
|
|
were believed to have other things in contemplation. The Marshal de
|
|
Broglio was appointed to their command, a high flying aristocrat,
|
|
cool and capable of everything. Some of the French guards were soon
|
|
arrested, under other pretexts, but really on account of their
|
|
dispositions in favor of the National cause. The people of Paris
|
|
forced their prison, liberated them, and sent a deputation to the
|
|
Assembly to solicit a pardon. The Assembly recommended peace and
|
|
order to the people of Paris, the prisoners to the king, and asked
|
|
from him the removal of the troops. His answer was negative and dry,
|
|
saying they might remove themselves, if they pleased, to Noyons or
|
|
Soissons. In the meantime these troops, to the number of twenty or
|
|
thirty thousand, had arrived and were posted in, and between Paris
|
|
and Versailles. The bridges and passes were guarded. At three
|
|
o'clock in the afternoon of the 11th July the Count de la Luzerne was
|
|
sent to notify Mr. Neckar of his dismission, and to enjoin him to
|
|
retire instantly without saying a word of it to anybody. He went
|
|
home, dined, and proposed to his wife a visit to a friend, but went
|
|
in fact to his country house at St. Ouen, and at midnight set out for
|
|
Brussels. This was not known until the next day, 12th when the whole
|
|
ministry was changed, except Villedeuil, of the Domestic department,
|
|
and Barenton, Garde des sceaux. The changes were as follows.
|
|
|
|
The Baron de Breteuil, president of the council of finance; de
|
|
la Galaisiere, Comptroller general in the room of Mr. Neckar; the
|
|
Marshal de Broglio, minister of War, & Foulon under him in the room
|
|
of Puy-Segur; the Duke de la Vauguyon, minister of foreign affairs
|
|
instead of the Ct. de Montmorin; de La Porte, minister of Marine, in
|
|
place of the Ct. de la Luzerne; St. Priest was also removed from the
|
|
council. Luzerne and Puy-Segur had been strongly of the Aristocratic
|
|
party in the Council, but they were not considered as equal to the
|
|
work now to be done. The King was now compleatly in the hands of
|
|
men, the principal among whom had been noted thro' their lives for
|
|
the Turkish despotism of their characters, and who were associated
|
|
around the King as proper instruments for what was to be executed.
|
|
The news of this change began to be known at Paris about 1. or 2.
|
|
o'clock. In the afternoon a body of about 100 German cavalry were
|
|
advanced and drawn up in the Place Louis XV. and about 200. Swiss
|
|
posted at a little distance in their rear. This drew people to the
|
|
spot, who thus accidentally found themselves in front of the troops,
|
|
merely at first as spectators; but as their numbers increased, their
|
|
indignation rose. They retired a few steps, and posted themselves on
|
|
and behind large piles of stones, large and small, collected in that
|
|
Place for a bridge which was to be built adjacent to it. In this
|
|
position, happening to be in my carriage on a visit, I passed thro'
|
|
the lane they had formed, without interruption. But the moment after
|
|
I had passed, the people attacked the cavalry with stones. They
|
|
charged, but the advantageous position of the people, and the showers
|
|
of stones obliged the horse to retire, and quit the field altogether,
|
|
leaving one of their number on the ground, & the Swiss in their rear
|
|
not moving to their aid. This was the signal for universal
|
|
insurrection, and this body of cavalry, to avoid being massacred,
|
|
retired towards Versailles. The people now armed themselves with
|
|
such weapons as they could find in armorer's shops and private
|
|
houses, and with bludgeons, and were roaming all night thro' all
|
|
parts of the city, without any decided object. The next day (13th.)
|
|
the assembly pressed on the king to send away the troops, to permit
|
|
the Bourgeoisie of Paris to arm for the preservation of order in the
|
|
city, and offer to send a deputation from their body to tranquillize
|
|
them; but their propositions were refused. A committee of
|
|
magistrates and electors of the city are appointed by those bodies to
|
|
take upon them it's government. The people, now openly joined by the
|
|
French guards, force the prison of St. Lazare, release all the
|
|
prisoners, and take a great store of corn, which they carry to the
|
|
Corn-market. Here they get some arms, and the French guards begin to
|
|
form & train them. The City-committee determined to raise 48.000.
|
|
Bourgeoise, or rather to restrain their numbers to 48.000. On the
|
|
14th. they send one of their members (Mons. de Corny) to the Hotel
|
|
des Invalides, to ask arms for their Garde-Bourgeoise. He was
|
|
followed by, and he found there a great collection of people. The
|
|
Governor of the Invalids came out and represented the impossibility
|
|
of his delivering arms without the orders of those from whom he
|
|
received them. De Corny advised the people then to retire, and
|
|
retired himself; but the people took possession of the arms. It was
|
|
remarkable that not only the Invalids themselves made no opposition,
|
|
but that a body of 5000. foreign troops, within 400. yards, never
|
|
stirred. M. de Corny and five others were then sent to ask arms of
|
|
M. de Launay, governor of the Bastile. They found a great collection
|
|
of people already before the place, and they immediately planted a
|
|
flag of truce, which was answered by a like flag hoisted on the
|
|
Parapet. The deputation prevailed on the people to fall back a
|
|
little, advanced themselves to make their demand of the Governor, and
|
|
in that instant a discharge from the Bastile killed four persons, of
|
|
those nearest to the deputies. The deputies retired. I happened to
|
|
be at the house of M. de Corny when he returned to it, and received
|
|
from him a narrative of these transactions. On the retirement of the
|
|
deputies, the people rushed forward & almost in an instant were in
|
|
possession of a fortification defended by 100. men, of infinite
|
|
strength, which in other times had stood several regular sieges, and
|
|
had never been taken. How they forced their entrance has never been
|
|
explained. They took all the arms, discharged the prisoners, and
|
|
such of the garrison as were not killed in the first moment of fury,
|
|
carried the Governor and Lt. Governor to the Place de Greve (the
|
|
place of public execution) cut off their heads, and sent them thro'
|
|
the city in triumph to the Palais royal. About the same instant a
|
|
treacherous correspondence having been discovered in M. de
|
|
Flesselles, prevot des marchands, they seized him in the Hotel de
|
|
Ville where he was in the execution of his office, and cut off his
|
|
head. These events carried imperfectly to Versailles were the
|
|
subject of two successive deputations from the assembly to the king,
|
|
to both of which he gave dry and hard answers for nobody had as yet
|
|
been permitted to inform him truly and fully of what had passed at
|
|
Paris. But at night the Duke de Liancourt forced his way into the
|
|
king's bed chamber, and obliged him to hear a full and animated
|
|
detail of the disasters of the day in Paris. He went to bed
|
|
fearfully impressed. The decapitation of de Launai worked powerfully
|
|
thro' the night on the whole aristocratic party, insomuch that, in
|
|
the morning, those of the greatest influence on the Count d'Artois
|
|
represented to him the absolute necessity that the king should give
|
|
up everything to the Assembly. This according with the dispositions
|
|
of the king, he went about 11. o'clock, accompanied only by his
|
|
brothers, to the Assembly, & there read to them a speech, in which he
|
|
asked their interposition to re-establish order. Altho' couched in
|
|
terms of some caution, yet the manner in which it was delivered made
|
|
it evident that it was meant as a surrender at discretion. He
|
|
returned to the Chateau afoot, accompanied by the assembly. They
|
|
sent off a deputation to quiet Paris, at the head of which was the
|
|
Marquis de la Fayette who had, the same morning, been named
|
|
Commandant en chef of the Milice Bourgeoise, and Mons Bailly, former
|
|
President of the States General, was called for as Prevot des
|
|
marchands. The demolition of the Bastile was now ordered and begun.
|
|
A body of the Swiss guards of the regiment of Ventimille, and the
|
|
city horse guards joined the people. The alarm at Versailles
|
|
increased. The foreign troops were ordered off instantly. Every
|
|
minister resigned. The king confirmed Bailly as Prevot des
|
|
Marchands, wrote to Mr. Neckar to recall him, sent his letter open to
|
|
the assembly, to be forwarded by them, and invited them to go with
|
|
him to Paris the next day, to satisfy the city of his dispositions;
|
|
and that night, and the next morning the Count D'Artois and M. de
|
|
Montesson a deputy connected with him, Madame de Polignac, Madame de
|
|
Guiche, and the Count de Vaudreuil, favorites of the queen, the Abbe
|
|
de Vermont her confessor, the Prince of Conde and Duke of Bourbon
|
|
fled. The king came to Paris, leaving the queen in consternation for
|
|
his return. Omitting the less important figures of the procession,
|
|
the king's carriage was in the center, on each side of it the
|
|
assembly, in two ranks afoot, at their head the M. de la Fayette, as
|
|
Commander-in-chief, on horseback, and Bourgeois guards before and
|
|
behind. About 60.000 citizens of all forms and conditions, armed
|
|
with the muskets of the Bastile and Invalids, as far as they would
|
|
go, the rest with pistols, swords, pikes, pruning hooks, scythes &c.
|
|
lined all the streets thro' which the procession passed, and with the
|
|
crowds of people in the streets, doors & windows, saluted them
|
|
everywhere with cries of "vive la nation," but not a single "vive le
|
|
roy" was heard. The King landed at the Hotel de Ville. There M.
|
|
Bailly presented and put into his hat the popular cockade, and
|
|
addressed him. The King being unprepared, and unable to answer,
|
|
Bailly went to him, gathered from him some scraps of sentences, and
|
|
made out an answer, which he delivered to the audience as from the
|
|
king. On their return the popular cries were "vive le roy et la
|
|
nation." He was conducted by a garde bourgeoise to his palace at
|
|
Versailles, & thus concluded an amende honorable as no sovereign ever
|
|
made, and no people ever received.
|
|
|
|
And here again was lost another precious occasion of sparing to
|
|
France the crimes and cruelties thro' which she has since passed, and
|
|
to Europe, & finally America the evils which flowed on them also from
|
|
this mortal source. The king was now become a passive machine in the
|
|
hands of the National assembly, and had he been left to himself, he
|
|
would have willingly acquiesced in whatever they should devise as
|
|
best for the nation. A wise constitution would have been formed,
|
|
hereditary in his line, himself placed at it's head, with powers so
|
|
large as to enable him to do all the good of his station, and so
|
|
limited as to restrain him from it's abuse. This he would have
|
|
faithfully administered, and more than this I do not believe he ever
|
|
wished. But he had a Queen of absolute sway over his weak mind, and
|
|
timid virtue; and of a character the reverse of his in all points.
|
|
This angel, as gaudily painted in the rhapsodies of the Rhetor Burke,
|
|
with some smartness of fancy, but no sound sense was proud,
|
|
disdainful of restraint, indignant at all obstacles to her will,
|
|
eager in the pursuit of pleasure, and firm enough to hold to her
|
|
desires, or perish in their wreck. Her inordinate gambling and
|
|
dissipations, with those of the Count d'Artois and others of her
|
|
clique, had been a sensible item in the exhaustion of the treasury,
|
|
which called into action the reforming hand of the nation; and her
|
|
opposition to it her inflexible perverseness, and dauntless spirit,
|
|
led herself to the Guillotine, & drew the king on with her, and
|
|
plunged the world into crimes & calamities which will forever stain
|
|
the pages of modern history. I have ever believed that had there
|
|
been no queen, there would have been no revolution. No force would
|
|
have been provoked nor exercised. The king would have gone hand in
|
|
hand with the wisdom of his sounder counsellors, who, guided by the
|
|
increased lights of the age, wished only, with the same pace, to
|
|
advance the principles of their social institution. The deed which
|
|
closed the mortal course of these sovereigns, I shall neither approve
|
|
nor condemn. I am not prepared to say that the first magistrate of a
|
|
nation cannot commit treason against his country, or is unamenable to
|
|
it's punishment: nor yet that where there is no written law, no
|
|
regulated tribunal, there is not a law in our hearts, and a power in
|
|
our hands, given for righteous employment in maintaining right, and
|
|
redressing wrong. Of those who judged the king, many thought him
|
|
wilfully criminal, many that his existence would keep the nation in
|
|
perpetual conflict with the horde of kings, who would war against a
|
|
regeneration which might come home to themselves, and that it were
|
|
better that one should die than all. I should not have voted with
|
|
this portion of the legislature. I should have shut up the Queen in
|
|
a Convent, putting harm out of her power, and placed the king in his
|
|
station, investing him with limited powers, which I verily believe he
|
|
would have honestly exercised, according to the measure of his
|
|
understanding. In this way no void would have been created, courting
|
|
the usurpation of a military adventurer, nor occasion given for those
|
|
enormities which demoralized the nations of the world, and destroyed,
|
|
and is yet to destroy millions and millions of it's inhabitants.
|
|
There are three epochs in history signalized by the total extinction
|
|
of national morality. The first was of the successors of Alexander,
|
|
not omitting himself. The next the successors of the first Caesar,
|
|
the third our own age. This was begun by the partition of Poland,
|
|
followed by that of the treaty of Pilnitz; next the conflagration of
|
|
Copenhagen; then the enormities of Bonaparte partitioning the earth
|
|
at his will, and devastating it with fire and sword; now the
|
|
conspiracy of kings, the successors of Bonaparte, blasphemously
|
|
calling themselves the Holy Alliance, and treading in the footsteps
|
|
of their incarcerated leader, not yet indeed usurping the government
|
|
of other nations avowedly and in detail, but controuling by their
|
|
armies the forms in which they will permit them to be governed; and
|
|
reserving in petto the order and extent of the usurpations further
|
|
meditated. But I will return from a digression, anticipated too in
|
|
time, into which I have been led by reflection on the criminal
|
|
passions which refused to the world a favorable occasion of saving it
|
|
from the afflictions it has since suffered.
|
|
|
|
M. Necker had reached Basle before he was overtaken by the
|
|
letter of the king, inviting him back to resume the office he had
|
|
recently left. He returned immediately, and all the other ministers
|
|
having resigned, a new administration was named, to wit St. Priest &
|
|
Montmorin were restored; the Archbishop of Bordeaux was appointed
|
|
Garde des sceaux; La Tour du Pin Minister of War; La Luzerne Minister
|
|
of Marine. This last was believed to have been effected by the
|
|
friendship of Montmorin; for altho' differing in politics, they
|
|
continued firm in friendship, & Luzerne, altho' not an able man was
|
|
thought an honest one. And the Prince of Bauvau was taken into the
|
|
Council.
|
|
|
|
Seven princes of the blood royal, six ex-ministers, and many of
|
|
the high Noblesse having fled, and the present ministers, except
|
|
Luzerne, being all of the popular party, all the functionaries of
|
|
government moved for the present in perfect harmony.
|
|
|
|
In the evening of Aug. 4. and on the motion of the Viscount de
|
|
Noailles brother in law of La Fayette, the assembly abolished all
|
|
titles of rank, all the abusive privileges of feudalism, the tythes
|
|
and casuals of the clergy, all provincial privileges, and, in fine,
|
|
the Feudal regimen generally. To the suppression of tythes the Abbe
|
|
Sieyes was vehemently opposed; but his learned and logical arguments
|
|
were unheeded, and his estimation lessened by a contrast of his
|
|
egoism (for he was beneficed on them) with the generous abandonment
|
|
of rights by the other members of the assembly. Many days were
|
|
employed in putting into the form of laws the numerous demolitions of
|
|
ancient abuses; which done, they proceeded to the preliminary work of
|
|
a Declaration of rights. There being much concord of sentiment on
|
|
the elements of this instrument, it was liberally framed, and passed
|
|
with a very general approbation. They then appointed a Committee for
|
|
the reduction of a projet of a Constitution, at the head of which was
|
|
the Archbishop of Bordeaux. I received from him, as Chairman of the
|
|
Committee a letter of July 20. requesting me to attend and assist at
|
|
their deliberations; but I excused myself on the obvious
|
|
considerations that my mission was to the king as Chief Magistrate of
|
|
the nation, that my duties were limited to the concerns of my own
|
|
country, and forbade me to intermeddle with the internal transactions
|
|
of that in which I had been received under a specific character only.
|
|
Their plan of a constitution was discussed in sections, and so
|
|
reported from time to time, as agreed to by the Committee. The first
|
|
respected the general frame of the government; and that this should
|
|
be formed into three departments, Executive, Legislative and
|
|
Judiciary was generally agreed. But when they proceeded to
|
|
subordinate developments, many and various shades of opinion came
|
|
into conflict, and schism, strongly marked, broke the Patriots into
|
|
fragments of very discordant principles. The first question Whether
|
|
there should be a king, met with no open opposition, and it was
|
|
readily agreed that the government of France should be monarchical &
|
|
hereditary. Shall the king have a negative on the laws? shall that
|
|
negative be absolute, or suspensive only? Shall there be two
|
|
chambers of legislation? or one only? If two, shall one of them be
|
|
hereditary? or for life? or for a fixed term? and named by the king?
|
|
or elected by the people? These questions found strong differences
|
|
of opinion, and produced repulsive combinations among the Patriots.
|
|
The Aristocracy was cemented by a common principle of preserving the
|
|
ancient regime, or whatever should be nearest to it. Making this
|
|
their Polar star, they moved in phalanx, gave preponderance on every
|
|
question to the minorities of the Patriots, and always to those who
|
|
advocated the least change. The features of the new constitution
|
|
were thus assuming a fearful aspect, and great alarm was produced
|
|
among the honest patriots by these dissensions in their ranks. In
|
|
this uneasy state of things, I received one day a note from the
|
|
Marquis de la Fayette, informing me that he should bring a party of
|
|
six or eight friends to ask a dinner of me the next day. I assured
|
|
him of their welcome. When they arrived, they were La Fayette
|
|
himself, Duport, Barnave, Alexander La Meth, Blacon, Mounier,
|
|
Maubourg, and Dagout. These were leading patriots, of honest but
|
|
differing opinions sensible of the necessity of effecting a coalition
|
|
by mutual sacrifices, knowing each other, and not afraid therefore to
|
|
unbosom themselves mutually. This last was a material principle in
|
|
the selection. With this view the Marquis had invited the conference
|
|
and had fixed the time & place inadvertently as to the embarrassment
|
|
under which it might place me. The cloth being removed and wine set
|
|
on the table, after the American manner, the Marquis introduced the
|
|
objects of the conference by summarily reminding them of the state of
|
|
things in the Assembly, the course which the principles of the
|
|
constitution were taking, and the inevitable result, unless checked
|
|
by more concord among the Patriots themselves. He observed that
|
|
altho' he also had his opinion, he was ready to sacrifice it to that
|
|
of his brethren of the same cause: but that a common opinion must now
|
|
be formed, or the Aristocracy would carry everything, and that
|
|
whatever they should now agree on, he, at the head of the National
|
|
force, would maintain. The discussions began at the hour of four,
|
|
and were continued till ten o'clock in the evening; during which time
|
|
I was a silent witness to a coolness and candor of argument unusual
|
|
in the conflicts of political opinion; to a logical reasoning, and
|
|
chaste eloquence, disfigured by no gaudy tinsel of rhetoric or
|
|
declamation, and truly worthy of being placed in parallel with the
|
|
finest dialogues of antiquity, as handed to us by Xenophon, by Plato
|
|
and Cicero. The result was an agreement that the king should have a
|
|
suspensive veto on the laws, that the legislature should be composed
|
|
of a single body only, & that to be chosen by the people. This
|
|
Concordate decided the fate of the constitution. The Patriots all
|
|
rallied to the principles thus settled, carried every question
|
|
agreeably to them, and reduced the Aristocracy to insignificance and
|
|
impotence. But duties of exculpation were now incumbent on me. I
|
|
waited on Count Montmorin the next morning, and explained to him with
|
|
truth and candor how it had happened that my house had been made the
|
|
scene of conferences of such a character. He told me he already knew
|
|
everything which had passed, that, so far from taking umbrage at the
|
|
use made of my house on that occasion, he earnestly wished I would
|
|
habitually assist at such conferences, being sure I should be useful
|
|
in moderating the warmer spirits, and promoting a wholesome and
|
|
practicable reformation only. I told him I knew too well the duties
|
|
I owed to the king, to the nation, and to my own country to take any
|
|
part in councils concerning their internal government, and that I
|
|
should persevere with care in the character of a neutral and passive
|
|
spectator, with wishes only and very sincere ones, that those
|
|
measures might prevail which would be for the greatest good of the
|
|
nation. I have no doubt indeed that this conference was previously
|
|
known and approved by this honest minister, who was in confidence and
|
|
communication with the patriots, and wished for a reasonable reform
|
|
of the Constitution.
|
|
|
|
Here I discontinue my relation of the French revolution. The
|
|
minuteness with which I have so far given it's details is
|
|
disproportioned to the general scale of my narrative. But I have
|
|
thought it justified by the interest which the whole world must take
|
|
in this revolution. As yet we are but in the first chapter of it's
|
|
history. The appeal to the rights of man, which had been made in the
|
|
U S. was taken up by France, first of the European nations. From her
|
|
the spirit has spread over those of the South. The tyrants of the
|
|
North have allied indeed against it, but it is irresistible. Their
|
|
opposition will only multiply it's millions of human victims; their
|
|
own satellites will catch it, and the condition of man thro' the
|
|
civilized world will be finally and greatly ameliorated. This is a
|
|
wonderful instance of great events from small causes. So inscrutable
|
|
is the arrangement of causes & consequences in this world that a
|
|
two-penny duty on tea, unjustly imposed in a sequestered part of it,
|
|
changes the condition of all it's inhabitants. I have been more
|
|
minute in relating the early transactions of this regeneration
|
|
because I was in circumstances peculiarly favorable for a knowledge
|
|
of the truth. Possessing the confidence and intimacy of the leading
|
|
patriots, & more than all of the Marquis Fayette, their head and
|
|
Atlas, who had no secrets from me, I learnt with correctness the
|
|
views & proceedings of that party; while my intercourse with the
|
|
diplomatic missionaries of Europe at Paris, all of them with the
|
|
court, and eager in prying into it's councils and proceedings, gave
|
|
me a knolege of these also. My information was always and
|
|
immediately committed to writing, in letters to Mr. Jay, and often to
|
|
my friends, and a recurrence to these letters now insures me against
|
|
errors of memory.
|
|
|
|
These opportunities of information ceased at this period, with
|
|
my retirement from this interesting scene of action. I had been more
|
|
than a year soliciting leave to go home with a view to place my
|
|
daughters in the society & care of their friends, and to return for a
|
|
short time to my station at Paris. But the metamorphosis thro' which
|
|
our government was then passing from it's Chrysalid to it's Organic
|
|
form suspended it's action in a great degree; and it was not till the
|
|
last of August that I received the permission I had asked. -- And
|
|
here I cannot leave this great and good country without expressing my
|
|
sense of it's preeminence of character among the nations of the
|
|
earth. A more benevolent people, I have never known, nor greater
|
|
warmth & devotedness in their select friendships. Their kindness and
|
|
accommodation to strangers is unparalleled, and the hospitality of
|
|
Paris is beyond anything I had conceived to be practicable in a large
|
|
city. Their eminence too in science, the communicative dispositions
|
|
of their scientific men, the politeness of the general manners, the
|
|
ease and vivacity of their conversation, give a charm to their
|
|
society to be found nowhere else. In a comparison of this with other
|
|
countries we have the proof of primacy, which was given to
|
|
Themistocles after the battle of Salamis. Every general voted to
|
|
himself the first reward of valor, and the second to Themistocles.
|
|
So ask the travelled inhabitant of any nation, In what country on
|
|
earth would you rather live? -- Certainly in my own, where are all my
|
|
friends, my relations, and the earliest & sweetest affections and
|
|
recollections of my life. Which would be your second choice?
|
|
France.
|
|
|
|
On the 26th. of Sep. I left Paris for Havre, where I was
|
|
detained by contrary winds until the 8th. of Oct. On that day, and
|
|
the 9th. I crossed over to Cowes, where I had engaged the Clermont,
|
|
Capt. Colley, to touch for me. She did so, but here again we were
|
|
detained by contrary winds until the 22d. when we embarked and landed
|
|
at Norfolk on the 23d. of November. On my way home I passed some
|
|
days at Eppington in Chesterfield, the residence of my friend and
|
|
connection, Mr. Eppes, and, while there, I received a letter from the
|
|
President, Genl. Washington, by express, covering an appointment to
|
|
be Secretary of State. I received it with real regret. My wish had
|
|
been to return to Paris, where I had left my household establishment,
|
|
as if there myself, and to see the end of the Revolution, which, I
|
|
then thought would be certainly and happily closed in less than a
|
|
year. I then meant to return home, to withdraw from Political life,
|
|
into which I had been impressed by the circumstances of the times, to
|
|
sink into the bosom of my family and friends, and devote myself to
|
|
studies more congenial to my mind. In my answer of Dec. 15. I
|
|
expressed these dispositions candidly to the President, and my
|
|
preference of a return to Paris; but assured him that if it was
|
|
believed I could be more useful in the administration of the
|
|
government, I would sacrifice my own inclinations without hesitation,
|
|
and repair to that destination; this I left to his decision. I
|
|
arrived at Monticello on the 23d. of Dec. where I received a second
|
|
letter from the President, expressing his continued wish that I
|
|
should take my station there, but leaving me still at liberty to
|
|
continue in my former office, if I could not reconcile myself to that
|
|
now proposed. This silenced my reluctance, and I accepted the new
|
|
appointment.
|
|
|
|
In the interval of my stay at home my eldest daughter had been
|
|
happily married to the eldest son of the Tuckahoe branch of
|
|
Randolphs, a young gentleman of genius, science and honorable mind,
|
|
who afterwards filled a dignified station in the General Government,
|
|
& the most dignified in his own State. I left Monticello on the 1st
|
|
of March 1790. for New York. At Philadelphia I called on the
|
|
venerable and beloved Franklin. He was then on the bed of sickness
|
|
from which he never rose. My recent return from a country in which
|
|
he had left so many friends, and the perilous convulsions to which
|
|
they had been exposed, revived all his anxieties to know what part
|
|
they had taken, what had been their course, and what their fate. He
|
|
went over all in succession, with a rapidity and animation almost too
|
|
much for his strength. When all his inquiries were satisfied, and a
|
|
pause took place, I told him I had learnt with much pleasure that,
|
|
since his return to America, he had been occupied in preparing for
|
|
the world the history of his own life. I cannot say much of that,
|
|
said he; but I will give you a sample of what I shall leave: and he
|
|
directed his little grandson (William Bache) who was standing by the
|
|
bedside, to hand him a paper from the table to which he pointed. He
|
|
did so; and the Doctr. putting it into my hands, desired me to take
|
|
it and read it at my leisure. It was about a quire of folio paper,
|
|
written in a large and running hand very like his own. I looked into
|
|
it slightly, then shut it and said I would accept his permission to
|
|
read it and would carefully return it. He said, "no, keep it." Not
|
|
certain of his meaning, I again looked into it, folded it for my
|
|
pocket, and said again, I would certainly return it. "No," said he,
|
|
"keep it." I put it into my pocket, and shortly after took leave of
|
|
him. He died on the 17th. of the ensuing month of April; and as I
|
|
understood that he had bequeathed all his papers to his grandson
|
|
William Temple Franklin, I immediately wrote to Mr. Franklin to
|
|
inform him I possessed this paper, which I should consider as his
|
|
property, and would deliver to his order. He came on immediately to
|
|
New York, called on me for it, and I delivered it to him. As he put
|
|
it into his pocket, he said carelessly he had either the original, or
|
|
another copy of it, I do not recollect which. This last expression
|
|
struck my attention forcibly, and for the first time suggested to me
|
|
the thought that Dr. Franklin had meant it as a confidential deposit
|
|
in my hands, and that I had done wrong in parting from it. I have
|
|
not yet seen the collection he published of Dr. Franklin's works, and
|
|
therefore know not if this is among them. I have been told it is
|
|
not. It contained a narrative of the negotiations between Dr.
|
|
Franklin and the British Ministry, when he was endeavoring to prevent
|
|
the contest of arms which followed. The negotiation was brought
|
|
about by the intervention of Ld. Howe and his sister, who, I believe,
|
|
was called Lady Howe, but I may misremember her title. Ld. Howe
|
|
seems to have been friendly to America, and exceedingly anxious to
|
|
prevent a rupture. His intimacy with Dr. Franklin, and his position
|
|
with the Ministry induced him to undertake a mediation between them;
|
|
in which his sister seemed to have been associated. They carried
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from one to the other, backwards and forwards, the several
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propositions and answers which past, and seconded with their own
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intercessions the importance of mutual sacrifices to preserve the
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peace & connection of the two countries. I remember that Ld. North's
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answers were dry, unyielding, in the spirit of unconditional
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submission, and betrayed an absolute indifference to the occurrence
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of a rupture; and he said to the mediators distinctly, at last that
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"a rebellion was not to be deprecated on the part of Great Britain;
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that the confiscations it would produce would provide for many of
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their friends." This expression was reported by the mediators to Dr.
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Franklin, and indicated so cool and calculated a purpose in the
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Ministry, as to render compromise hopeless, and the negotiation was
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discontinued. If this is not among the papers published, we ask what
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has become of it? I delivered it with my own hands into those of
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Temple Franklin. It certainly established views so atrocious in the
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British government that it's suppression would to them be worth a
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|
great price. But could the grandson of Dr. Franklin be in such
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|
degree an accomplice in the parricide of the memory of his immortal
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grandfather? The suspension for more than 20. years of the general
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publication bequeathed and confided to him, produced for awhile hard
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suspicions against him: and if at last all are not published, a part
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of these suspicions may remain with some.
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I arrived at New York on the 21st. of Mar. where Congress was
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in session.
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So far July 29. 21.
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