The Correspondence of Thomas Jefferson
By Subject
FRANCE / GOVERNMENT / REFORM OF
It is impossible to desire better dispositions towards us than
prevail in this Assembly. Our proceedings have been viewed as a model
for them on every occasion; and though in the heat of debate, men are
generally disposed to contradict every authority urged by their
opponents, ours has been treated like that of the Bible, open. to
explanation, but not to question. I am sorry that in the moment of
such a disposition, anything should come from us to check it. The
placing them on a mere footing with the English, will have this
effect. When of two nations, the one has engaged herself in a ruinous
war for us, has spent her blood and money to save us, has opened her
bosom to us in peace, and received us almost on the footing of her own
citizens, while the other has moved heaven, earth, and hell to
exterminate us in war, has insulted us in all her councils in peace,
shut her doors to us in every part where. her interests would admit
it, libelled us in foreign nations, endeavored to poison them against
the reception of our most precious commodities; to place these two
nations on a footing, is to give a great deal more to one than to the
other, if the maxim be true, that to make unequal quantities equal,
you must add more to one than the other: To say, in excuse, that
gratitude is never to enter into the motives of national conduct, is
to revive a principle which has been buried for centuries with its
kindred principles of the lawfulness of assassination, poison,
perjury, etc. All of these were legitimate principles in the dark ages
which intervened between ancient and modern civilization, but exploded
and held in just horror in the eighteenth century. I know but one code
of morality for men, whether acting singly or collectively. He who
says I will be a rogue when I act in company with a hundred others,
but an honest man when I act alone, will be believed in the former
assertion, but not in the latter. I would say with the poet, "
hic niger est, hunc tu Romane cavato." If the morality of
one man produces a just line of conduct in him, acting individually,
why should not the morality of one hundred men produce a just line of
conduct in them, acting together?
I must now say a word on the declaration of rights, you have been so
good as to send me. I like it, as far as it goes; but I should have
been for going further. For instance, the following alterations and
additions would have pleased me: Article 4. "The people shall not
be deprived of their right to speak, to write, or otherwise to publish
anything but false facts affecting injuriously the life, liberty,
property or reputation of others, or affecting the peace of the
confederacy with foreign nations. Article 7. All facts put in issue
before any judicature, shall be tried by jury, except, I, in cases of
admiralty jurisdiction, wherein a foreigner shall be interested; 2, in
cases cognizable before a court martial, concerning only the regular
officers and soldiers of the United States, or members of the militia
in actual service in time of war or insurrection; and 3, in
impeachments allowed by the constitution. Article 8. No person shall
be held in confinement more than -- days after he shall have demanded
and been refused a writ of habeas corpus by the judge appointed by
law, nor more than -- days after such a writ shall have been served on
the person holding him in confinement, and no order given en due
examination for his remandment or discharge, nor more than -- hours in
any place at a greater distance than - miles from the usual residence
of some judge authorized to issue the writ of habeas corpus; nor shall
that writ be suspended for any term exceeding one year, nor in any
place more than -- miles distant from the State or encampment of
enemies or of insurgents. Article 9. Monopolies may be allowed to
persons for their own productions in literature, and their own
inventions in the arts, for a term not exceeding -- years, but for no
longer term, and no other purpose. Article 10. All troops of the
United States shall stand ipso facto disbanded, at the expiration of
the term for which their pay and subsistence shall have been last
voted by Congress, and all officers and soldiers, not natives of the
United States, shall be incapable of serving in their armies by land,
except during a foreign war." These restrictions I think are so
guarded, as to hinder evil only. However, if we do not have them now,
I have so much confidence in my countrymen, as to be satisfied that we
shall have them as soon as the degeneracy of our government shall
render them necessary.
I have no certain news of Paul Jones. I understand only, in a general
way, that some persecution on the part of his officers occasioned his
being called to St. Petersburg, and that though protected against them
by the Empress, he is not yet restored to his station. . . . I propose
to sail from Havre as soon after the first of October as I can get a
vessel; and shall consequently leave this place a week earlier than
that. As my daughters will be with me, and their baggage somewhat more
than that of mere voyageurer, I shall endeavor, if possible,
to obtain a passage for Virginia directly. Probably I shall be there
by the last of November. If my immediate attendance at New York should
be requisite for any purpose, I will leave them with a relation near
Richmond, and proceed immediately to New York. But as I do not foresee
any pressing purpose for that journey immediately on my arrival, and
as it will be a great saving of time, to finish at once in Virginia,
so as to have no occasion to return there after having once gone to
the northward, I expect to proceed to my own house directly. Staying
there two months (which I believe will be necessary), and allowing for
the time I am on the road, I may expect to be at New York in February,
and to embark from thence or some eastern port.
You ask me if I would accept any appointment on that side of the
water? You know the circumstances which led me from retirement, step
by step, and from one nomination to another, up to the present My
object is a return to the same retirement; whenever, therefore, I quit
the present, it will not be to engage in any other office, and most
especially any one which would require a constant residence from home.
The books I have collected for you will go off for Havre in three or
four days, with my baggage. From that port, I shall try to send them
by a direct occasion to New York. I am, with great and sincere esteem,
dear Sir, your affectionate friend and servant.
to James Madison, 28 August 1789
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