Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson
Chapter 182 : The bill for continuing the suspension of intercourse with France and her dependencies

The bill for continuing the suspension of intercourse with France and her dependencies, is still before the Senate, but will pa.s.s by a very great vote. An attack is made on what is called the Toussaint's clause, the object of which, as is charged by the one party and admitted by the other, is to facilitate the separation of the island from France.

The clause will pa.s.s, however, by about nineteen to eight, or perhaps eighteen to nine. Rigaud, at the head of the people of color, maintains his allegiance. But they are only twenty-five thousand souls, against five hundred thousand, the number of the blacks. The treaty made with them by Maitland is (if they are to be separated from France) the best thing for us. They must get their provisions from us. It will indeed be in English bottoms, so that we shall lose the carriage. But the English will probably forbid them the ocean, confine them to their island, and thus prevent their becoming an American Algiers. It must be admitted, too, that they may play them off on us when they please. Against this there is no remedy but timely measures on our part, to clear ourselves, by degrees, of the matter on which that lever can work.

A piece published in Bache's paper on foreign influence, has had the greatest currency and effect. To an extraordinary first impression, they have been obliged to make a second, and of an extraordinary number. It is such things as these the public want. They say so from all quarters, and that they wish to hear reason instead of disgusting blackguardism.

The public sentiment being now on the creen, and many heavy circ.u.mstances about to fall into the republican scale, we are sensible that this summer is the season for systematic energies and sacrifices.

The engine is the press. Every man must lay his purse and his pen under contribution. As to the former, it is possible I may be obliged to a.s.sume something for you. As to the latter, let me pray and beseech you to set apart a certain portion of every post-day to write what may be proper for the public. Send it to me while here, and when I go away I will let you know to whom you may send, so that your name shall be sacredly secret. You can render such incalculable services in this way, as to lessen the effect of our loss of your presence here. I shall see you on the 5th or 6th of March.

Affectionate salutations to Mrs. Madison and yourself. Adieu.

Th: Jefferson.

LETTER CCXLVIII.--TO EDMUND PENDLETON, February 14, 1799

TO EDMUND PENDLETON.

Philadelphia, February 14, 1799.

Dear Sir,

I wrote you a pet.i.tion on the 29th of January. I know the extent of this trespa.s.s on your tranquillity, and how indiscreet it would have been under any other circ.u.mstances. But the fate of this country, whether it shall be irretrievably plunged into a form of government rejected by the makers of the const.i.tution, or shall get back to the true principles of that instrument, depends on the turn which things may take within a short period of time ensuing the present moment. The violations of the const.i.tution, propensities to war, to expense, and to a particular foreign connection, which we have lately seen, are becoming evident to the people, and are dispelling that mist which X. Y. Z. had spread before their eyes. This State is coming forward with a boldness not yet seen. Even the German counties of York and Lancaster, hitherto the most devoted, have come about, and by pet.i.tions with four thousand signers remonstrate against the alien and sedition laws, standing armies, and discretionary powers in the President. New York and Jersey are also getting into great agitation. In this State, we fear that the ill-designing may produce insurrection. Nothing could be so fatal. Any thing like force would check the progress of the public opinion and rally them round the government. This is not the kind of opposition the American people will permit. But keep away all show of force, and they will bear down the evil propensities of the government, by the const.i.tutional means of election and pet.i.tion. If we can keep quiet, therefore, the tide now turning will take a steady and proper direction.

Even in New Hamps.h.i.+re there are strong symptoms of a rising inquietude.

In this state of things, my dear Sir, it is more in your power than any other man's in the United States, to give the coup de grace to the ruinous principles and practices we have seen. In hopes you have consented to it, I shall furnish to you some additional matter which has arisen since my last.

I enclose you a part of a speech of Mr. Gallatin on the naval bill. The views he takes of our finances, and of the policy of our undertaking to establish a great navy, may furnish some hints. I am told, something on the same subject from Mr. J. Nicholas will appear in the Richmond and Fredericksburg papers. I mention the real author, that you may respect it duly, for I presume it will be anonymous. The residue of Gallatin's speech shall follow when published. A recent fact proving the anxiety of France for a reconciliation with us, is the following. You know that one of the armed vessels which we took from her was refitted by us, sent to cruise against her, re-captured, and carried into Guadaloupe under the name of the Retaliation. 'On the arrival there of Desfourneaux, the new commissioner, he sent Victor Hughes home in irons; called up our captain; told him that he found he had a regular commission as an officer of the United States; that his vessel was then lying in the harbor; that he should inquire into no fact preceding his own arrival (by this he avoided noticing that the vessel was really French property), and that, therefore, himself and crew were free to depart with their vessel; that as to the differences between France and the United States, commissioners were coming out to settle them, and, in the mean time, no injury should be done on their part. The captain insisted on being a prisoner; the other disclaimed; and so he arrived here with vessel and crew the day before yesterday. Within an hour after this was known to the Senate, they pa.s.sed the retaliation bill, of which I enclose you a copy. This was the more remarkable, as the bill was founded expressly on the _Arret_ of October the 29th, which had been communicated by the President as soon as received, and he remarked, 'that it could not be too soon communicated to the two Houses and the public'. Yet he almost in the same instant received, through the same channel, Mr. King's information that that _Arret_ was suspended, and though he knew we were making it the foundation of a retaliation bill, he has never yet communicated it. But the Senate knew the fact informally from the Secretary of State, and knowing it, pa.s.sed the bill.

The President has appointed, and the Senate approved, Rufus King, to enter into a treaty of commerce with the Russians, at London, and William Smith (Phocion), Envoy Extraordinary and Minister Plenipotentiary, to go to Constantinople to make one with the Turks. So that as soon as there is a coalition of Turks, Russians, and English, against France, we seize that moment to countenance it as openly as we dare, by treaties, which we never had with them before. All this helps to fill up the measure of provocation towards France, and to get from them a declaration of war, which we are afraid to be the first in making. It is certain the French have behaved atrociously towards neutral nations, and us particularly; and though we might be disposed not to charge them with all the enormities committed in their name in the West Indies, yet they are to be blamed for not doing more to prevent them. A just and rational censure ought to be expressed on them, while we disapprove the constant billingsgate poured on them officially. It is at the same time true, that their enemies set the first example of violating neutral rights, and continue it to this day: insomuch, that it is declared on all hands, and particularly by the insurance companies, and denied by none, that the British spoliations have considerably exceeded the French during the last six months. Yet not a word of these things is said officially to the legislature.

Still further, to give the devil his due (the French), it should be observed that it has been said without contradiction, and the people made to believe, that their refusal to receive our Envoys was contrary to the law of nations, and a sufficient cause of war: whereas every one who ever read a book on the law of nations knows, that it is an unquestionable right in every power, to refuse to receive any minister who is personally disagreeable. Martens, the latest and a very respected writer, has laid it down so clearly and shortly in his 'Summary of the Law of Nations,' B. 7. ch. 2. sect. 9. that I will transcribe the pa.s.sage verbatim. 'Section 9. Of choice in the person of the minister.

The choice of the person to be sent as minister depends of right on the sovereign who sends him, leaving the right, however, of him to whom he is sent, of refusing to acknowledge any one, to whom he has a personal dislike, or who is inadmissible by the laws and usages of the country.'

And he adds notes proving by instances, &c. This is the whole section.

Notwithstanding all these appearances of peace from France, we are, besides our existing army of five thousand men, and additional army of nine thousand (now officered and levying), pa.s.sing a bill for an eventual army of thirty regiments (thirty thousand) and for rigimenting, brigading, officering, and exercising at the public expense our volunteer army, the amount of which we know not. I enclose you a copy of the bill, which has been twice read and committed in Senate. To meet this expense, and that of the six seventy-fours and six eighteens, part of the proposed fleet, we have opened a loan of five millions at eight per cent., and authorize another of two millions: and, at the same time, every man voting for these measures acknowledges there is no probability of an invasion by France. While speaking of the restoration of our vessel, I omitted to add, that it is said that our government contemplate restoring the Frenchmen taken originally in the same vessel, and kept at Lancaster as prisoners. This has furnished the idea of calling her a cartel vessel, and pretending that she came as such for an exchange of prisoners, which is false. She was delivered free and without condition, but it does not suit to let any new evidence appear of the desire of conciliation in France.

I believe it is now certain that the commissioners on the British debts can proceed together no longer. I am told that our two have prepared a long report, which will perhaps be made public. The result will be, that we must recur again to negotiation, to settle the principles of the British claims. You know that Congress rises on the 3rd of March, and that if you have acceded to my prayers, I should hear from you at least a week before our rising. Accept my affectionate salutations, and a.s.surances of the sincere esteem with which I am, Dear Sir, your friend and servant,

Th: Jefferson.

LETTER CCXLIX.--TO JAMES MADISON, February 19, 1799

TO JAMES MADISON.

Philadelphia, February 19, 1799.

Dear Sir,

I wrote you last on the 11th; yesterday the bill for the eventual army of thirty regiments (thirty thousand) and seventy-five thousand volunteers, pa.s.sed the Senate. By an amendment, the President was authorized to use the volunteers for every purpose for which he can use militia, so that the militia are rendered completely useless. The friends of the bill acknowledge that the volunteers are a militia, and agreed that they might properly be called the 'Presidential militia.'

They are not to go out of their State without their own consent.

Consequently, all service out of the State is thrown on the const.i.tutional militia, the Presidential militia being exempted from doing duty with them. Leblane, an agent from Desfourneaux, of Guadaloupe, came in the Retaliation. You will see in the papers Desfourneaux's letter to the President, which will correct some immaterial circ.u.mstances of the statement in my last. You will see the truth of the main fact, that the vessel and crew were liberated without condition. Notwithstanding this, they have obliged Leblane to receive the French prisoners, and to admit, in the papers, the terms, 'in exchange for prisoners taken from us,' he denying at the same time that they consider them as prisoners, or had any idea of exchange. The object of his mission was not at all relative to that; but they choose to keep up the idea of a cartel, to prevent the transaction from being used as evidence of the sincerity of the French government towards a reconciliation. He came to a.s.sure us of a discontinuance of all irregularities in French privateers from Guadaloupe. He has been received very cavalierly. In the mean time, a Consul General is named to St. Domingo: who may be considered as our Minister to Toussaint.

But the event of events was announced to the Senate yesterday. It is this: it seems that soon after Gerry's departure, overtures must have been made by Pichon, French _Charge d'Affaires_ at the Hague, to Murray. They were so soon matured, that on the 28th of September, 1798, Talleyrand writes to Pichon, approving what had been done, and particularly of his having a.s.sured Murray that whatever Plenipotentiary the government of the United States should send to France to end our differences, would undoubtedly be received with the respect due to the representative of a free, independent, and powerful nation; declaring that the President's instructions to his Envoys at Paris, if they contain the whole of the American government's intentions, announce dispositions which have been always entertained by the Directory; and desiring him to communicate these expressions to Murray, in order to convince him of the sincerity of the French government, and to prevail on him to transmit them to his government. This is dated September the 28th, and may have been received by Pichon October the 1st; and nearly five months elapse before it is communicated. Yesterday the President nominated to the Senate William Vans Murray Minister Plenipotentiary to the French republic, and added, that he shall be instructed not to go to France, without direct and unequivocal a.s.surances from the French government that he shall be received in character, enjoy the due privileges, and a minister of equal rank, t.i.tle, and power, be appointed to discuss and conclude our controversy by a new treaty. This had evidently been kept secret from the federalists of both Houses, as appeared by their dismay. The Senate have pa.s.sed over this day without taking it up. It is said they are graveled and divided; some are for opposing, others do not know what to do. But in the mean time, they have been permitted to go on with all the measures of war and patronage, and when the close of the session is at hand it is made known. However, it silences all arguments against the sincerity of France, and renders desperate every further effort towards war. I enclose you a paper with more particulars. Be so good as to keep it till you see me, and then return it, as it is the copy of one I sent to another person, and is the only copy I have. Since I began my letter I have received yours of February the 7th and 8th, with its enclosures; that referred to my discretion is precious, and shall be used accordingly.

Affectionate salutations to Mrs. Madison and yourself, and adieu.

Th: Jefferson,

LETTER CCL.--TO GENERAL KOSCIUSKO, February 21, 1799

TO GENERAL KOSCIUSKO.

Philadelphia, February 21, 1799.

My Dear Friend,

On politics I must write sparingly, lest it should fall into the hands of persons who do not love either you or me. The wonderful irritation produced in the minds of our citizens by the X. Y. Z. story, has in a great measure subsided. They begin to suspect and to see it coolly in its true light. Mr. Gerry's communications, with other information, prove to them that France is sincere in her wishes for reconciliation; and a recent proposition from that country, through Mr. Murray, puts the matter out of doubt. What course the government will pursue, I know not.

But if we are left in peace, I have no doubt the wonderful turn in the public opinion now manifestly taking place and rapidly increasing, will, in the course of this summer, become so universal and so weighty, that friends.h.i.+p abroad and freedom at home will be firmly established by the influence and const.i.tutional powers of the people at large. If we are forced into war, we must give up political differences of opinion, and unite as one man to defend our country. But whether at the close of such a war, we should be as free as we are now, G.o.d knows. In fine, if war takes place, republicanism has every thing to fear; if peace, be a.s.sured that your forebodings and my alarms will prove vain; and that the spirit of our citizens now rising as rapidly as it was then running crazy, and rising with a strength and majesty which show the loveliness of freedom, will make this government in practice, what it is in principle, a model for the protection of man in a state of freedom and order. May Heaven have in store for your country a restoration of these blessings, and you be destined as the instrument it will use for that purpose. But if this be forbidden by fate, I hope we shall be able to preserve here an asylum where your love of liberty and disinterested patriotism will be for ever protected and honored, and where you will find in the hearts of the American people, a good portion of that esteem and affection which glow in the bosom of the friend who writes this; and who with sincere prayers for your health, happiness, and success, and cordial salutations, bids you, for this time, adieu.

Th: Jefferson.

LETTER CCLI.--TO JAMES MADISON, February 26, 1799

TO JAMES MADISON.

Philadelphia, February 26, 1799.

Dear Sir,

My last to you was of the 19th; it acknowledged yours of the 8th. In mine I informed you of the nomination of Murray. There is evidence that the letter of Talleyrand was known to one of the Secretaries, therefore probably to all; the nomination, however, is declared by one of them to have been kept secret from them all. He added, that he was glad of it, as, had they been consulted, the advice would have been against making the nomination. To the rest of the party, however, the whole was a secret till the nomination was announced. Never did a party show a stronger mortification, and consequently, that war had been their object. Dana declared in debate (as I have from those who were present) that we had done every thing which might provoke France to war; that we had given her insults which no nation ought to have borne; and yet she would not declare war. The conjecture as to the executive is, that they received Talleyrand's letter before or about the meeting of Congress: that not meaning to meet the overture effectually, they kept it secret, and let all the war measures go on; but that just before the separation of the Senate, the President, not thinking he could justify the concealing such an overture, nor indeed that it could be concealed, made a nomination, hoping that his friends in the Senate would take on their own shoulders the odium of rejecting it; but they did not choose it.

The Hamiltonians would not, and the others could not, alone. The whole artillery of the phalanx, therefore, was played secretly on the President, and he was obliged himself to take a step which should parry the overture while it wears the face of acceding to it. (Mark that I state this as conjecture; but founded on workings and indications which have been under our eyes.) Yesterday, therefore, he sent in a nomination of Oliver Ellsworth, Patrick Henry, and William Vans Murray, Envoys Extraordinary and Ministers Plenipotentiary to the French Republic, but declaring the two former should not leave this country till they should receive from the French Directory a.s.surances that they should be received with the respect due by the law of nations to their character, &c. This, if not impossible, must at least keep off the day, so hateful and so fatal to them, of reconciliation, and leave more time for new projects of provocation. Yesterday witnessed a scandalous scene in the House of Representatives. It was the day for taking up the report of their committee against the alien and sedition laws, &.c. They held a caucus and determined that not a word should be spoken on their side, in answer to any thing which should be said on the other. Gallatin took up the alien, and Nicholas the sedition law; but after a little while of common silence, they began to enter into loud conversations, laugh, cough, &c., so that for the last hour of these gentlemen's speaking, they must have had the lungs of a vendue-master to have been heard.

Livingston, however, attempted to speak. But after a few sentences, the speaker called him to order, and told him what he was saying was not to the question. It was impossible to proceed. The question was taken and carried in favor of the report, fifty-two to forty-eight; the real strength of the two parties is fifty-six to fifty. But two of the latter have not attended this session. I send you the report of their committee. I still expect to leave this on the 1st, and be with you on the 7th of March. But it is possible I may not set out till the 4th, and then shall not be with you till the 10th. Affectionately adieu.

Th: Jefferson.