THE WRITINGS OF THOMAS JEFFERSON


Definitive Edition



CONTAINING HIS

AUTOBIOGRAPHY, NOTES ON VIRGINIA, PARLIAMENTARY MANUAL, OFFICIAL PAPERS,

MESSAGES AND ADDRESSES, AND OTHER

WRITINGS, OFFICIAL AND PRIVATE,

NOW COLLECTED AND

PUBLISHED IN THEIR ENTIRETY FOR THE FIRST TIME



INCLUDING



ALL OF THE ORIGINAL MANUSCRIPTS, DEPOSITED IN THE DEPARTMENT OF STATE AND
PUBLISHED IN 1853 BY ORDER OF THE

JOINT COMMITTEE OF CONGRESS

WITH NUMEROUS ILLUSTRATIONS

AND

A COMPREHENSIVE ANALYTICAL INDEX







ALBERT ELLERY BERGH

EDITOR





VOL. I.











ISSUED UNDER THE AUSPICES OF



THE THOMAS JEFFERSON MEMORIAL ASSOCIATION OF THE UNITED STATES



WASHINGTON, D. C.

1907



COPYRIGHT, 1905,

BY

THE THOMAS JEFFERSON MEMORIAL ASSOCIATION





SPECIAL INTRODUCTION.





IF we want a sure proof of Thomas. Jefferson's greatness it will be found in
the fact that men of every variety of political opinion, however far asunder,
find confirmation of their doctrine in him. Every party in this country to-day
reckons Jefferson as its patron saint. In my youth the political Abolitionists
made appeals to Jefferson the burden of their song. In the late discussion,
which rent the country, about the Philippine Islands, one' side quoted what Mr.
Jefferson said in the Declaration of Independence, and the other what they
thought he did, in the acquisition of Louisiana. I do not know of any other
American of whom this is true, unless it be that the different schools of
theology and ethics seem inclined to do the same thing just now as to Ralph
Waldo Emerson.

I can think of no other man in history, like Jefferson, leader as he was of two
Revolutions and founder of a political party; one of which accomplished the
independence of his country from a foreign yoke, the other overthrew by
peaceful means the party at home which had been founded by Washington, and his
great companions and counselors, of whom such a thing as this can be said.
Every political sect finds its political doctrine in Jefferson, almost as every

(vii)



Viii Special Introduction



religious sect finds its doctrine in the Savior of mankind.

The friend of State rights calls attention to the fact that Jefferson spoke of
the Government of the United States as the " agency at Washington." The
Abolitionists quote the great Declaration and his famous utterance against
slavery: " I tremble for my country, when I reflect that God is just." The
supporter of a protective tariff claims him as the highest protectionist in our
history, appealing to his desire that there might be a " wall around our
country which should keep out all foreign manufactures." The free trader
maintains that the spirit of everything he said and everything he did teaches
the doctrine of unlimited freedom in all human conduct, except so far as may be
needful for the restraint of actual crime.

The mighty figure of Thomas Jefferson comes down in history with the
Declaration of Independence in one hand, and the title deed of Louisiana in the
other. He acquired for his country a territory of 1,171,931 square miles, now
fifteen States, to be hereafter the seat and centre of empire certainly of this
continent, and, as we confidently believe, of the world. Yet I believe, in the
estimate of mankind, that achievement is insignificant compared with the other.

The author of the Declaration of Independence stands in human history as the
foremost man who ever lived, whose influence has led men to govern themselves
in the conduct of States by spiritual laws. That was Jefferson's mission-to
teach spiritual



Special Introduction



laws. Observe that I say spiritual laws, not spiritual truths merely, not
formulae to be assented to, but rules of life to be governed by and acted upon.

It was due to Jefferson that our fathers laid deep the foundation of the State
in the moral law. They first set to mankind the great example, and exhibited
the mighty spectacle-the sublimest spectacle in the universe-of a great and
free people voluntarily governing itself by a law higher than its own desire.

The doctrine of the Declaration was by no means new or original, Much of it is
to be found in the prose writings of Milton. More than a hundred years before
Milton said: "No man who knows aught, can be so stupid as to deny that all men
were naturally born free; born to command and not to obey. They agreed by
common league to bind each other from mutual injury and jointly to defend
themselves against any that gave disturbance or opposition to such agreement.
Hence came cities, towns and commonwealths. This authority and power being
originally and naturally in every one of them, and unitedly in them all, they
communicated and derived to one or more than one. The first was called a king;
the others magistrates. Not to be their Lords and Masters, but to be their
deputies and commissioners. It follows that since the king or magistrate holds
his authority of the people, for their good in the first place, and not his
own, then may the people as oft as they shall judge it for the best either
choose him or reject him, retain him or depose him.



Special Introduction



though no tyrant, merely by the liberty and right of free-born men to be
governed as seems to them best.

" That governors are not lightly to be changed is true with respect to the
people's prudence, not to be the king's right."

" Nature teaches us to bear with oppression so long as there is a necessity for
so doing."

" What the people may lawfully do against a tyrant no man of clear judgment
need go further to be guided than by the very principles of nature in man."

Jefferson's Declaration ended by the declaration that, as our British brethren
had been deaf to the voice of justice and consanguinity, we must acquiesce in
the necessity that denounces our separation, and hold them as we hold the rest
of mankind, enemies in war; in peace, friends.

Milton thus ends his lofty affirmation :

" He therefore that keeps peace with me near or remote, of whatever nation, is
to me as far as all civil and human offices an Englishman and a neighbor, but
if an Englishman forgetting all laws, human, civil and religious, offend
against life and liberty, to him offended and to the law in his behalf, he is
not better than a Turk, a Saracen, a heathen."

If we are to trust abundant tradition, indeed if we are to take Jefferson's
evidence, found in the correspondence where he poured out his heart to his
intimate friends, he was by no means free from the faults common to his
time-common to humanity in all time He was no hypocrite. He made no



Special Introduction xi

 pretense to be a saint. He liked political power and popularity. He had a
natural and honorable aspiration for the affection and good will of his
countrymen. He probably would not have said of himself as Washington did, that
he never said of a man what he would not say to him. But more than any other
statesman down to his time-more than any other statesman I can think of-save
Lincoln alone-he had a steadfast and abiding faith in justice, righteousness
and liberty as the prevailing and abiding forces in the conduct of States, and
that justice and righteousness were sure to prevail where any people bear rule
in perfect liberty. He accepted this doctrine with an unhesitating confidence.
He never failed to proclaim it on all occasions. For it he was ready to
encounter unpopularity, poverty, if need be, imprisonment and exile. Upon it,
as on a cornerstone, he laid the foundation of the Republic.

He was sometimes charged with dissimulation in the conduct of ordinary
politics. I think it will be found on thorough investigation, that that notion
took its rise from the sweet and kindly courtesy, and the affectionate nature
which liked to be on good terms with every human being. But however that might
be, he never failed to utter his opinion where freedom and justice were
concerned whoever might be hurt or whoever might be angered. In the midst of
slaveholding Virginia he was wont to speak of the cause of the abolition of
slavery as "the sacred side "and to say that he looked to the young for its
accomplishment.



xii Special Introduction



So far as appears, he took little pride in anything else that he accomplished
in his long life, great as were his other services to his country. He was
Secretary of State. He was Governor of Virginia. He was Minister to France. He
was Vice-President. He was President. He acquired Louisiana. Yet, when he gave
direction for his own epitaph, he cared to have none of these things
remembered. The simple inscription on his tomb at Monticello sums up in his
language as no other orator can, the character and career of Thomas Jefferson.

" Here was buried Thomas Jefferson, author of the Declaration of American
Independence, of the Statute of Virginia for religious freedom, and father of
the University of Virginia."

Political freedom, religious freedom, and the education that makes these
possible and safe were the ends for which he strove, the monuments by which he
desired to be remembered. Neither power, nor honor, nor office, nor popularity,
nor fame entered into the mighty heart or stirred that mighty soul.

I remember in my youth that a brilliant writer undertook with some success to
caricature Daniel Webster, although it was a rather audacious attempt. He
represents Mr. Webster as saying: The common opinion in the eastern hemisphere
is so and so-I differ from this eastern hemisphere." That was not so
unreasonable a thing for Daniel Webster to say. But if Thomas Jefferson had
said it it would occur to no man that it was either extrava-



Special Introduction xiii



gant or presumptuous. Thomas Jefferson was one of those men who can differ from
hemispheres, from generations, from administrations and from centuries with the
perfect assurance that on any question of liberty and righteousness, if the
opinion of Thomas Jefferson stand on one side and the opinion of mankind on the
other, the world will, in the end, come around to his way of thinking.

The American people, favored beyond any other in many things, is favored
especially in its great anniversaries. There is no other nation that celebrates
such things as we do. There is no other nation that has such things to
celebrate. The landing of the Pilgrims ; the Fourth of July ; the Nineteenth of
April; the Birthday of Washington; the Birthday of Lincoln; the Birthday of
Jefferson, and, I hope hereafter, the founding of the Northwest and the
Louisiana Treaty-these are not only great events in the history of our own
people, but they are great event's in the history of liberty. I have named
eight. Six of them are already established holidays, either by law, or in a
habit of the people powerful as law. Three of those--one of them perhaps the
foremost and most generally observed of all-belong not only to the history of
the country and of universal liberty, but to the life of Thomas Jefferson.













LINCOLN'S TRIBUTE TO JEFFERSON.







TO H. L. PIERCE AND OTHERS.



SPRINGFIELD, Ill., April 6, 1859.

GENTLEMEN: Your kind note inviting me to attend a festival in Boston, on the
28th instant, in honor of the birthday of Thomas Jefferson, was duly received.
My engagements are such that I cannot come.

Bearing m mind that about seventy years ago two great political parties were
first formed in this country, that Thomas Jefferson was the head of one of them
and Boston the headquarters of the other, it is both curious and interesting
that those supposed to descend politically from the party opposed to Jefferson
should now be celebrating his birthday in their own original seat and empire,
while those claiming political descent from him have nearly ceased to breathe
his name everywhere.

Remembering, too, that the Jefferson party formed upon the supposed superior
devotion to the personal rights of men, holding the rights of property to be
secondary only and greatly inferior, and assuming that the so called Democracy
of to-day are the Jefferson, and their opponents the anti-Jefferson party, it
will be equally interesting to note





xvi Lincoln's Tribute to Jefferson



how completely the two have changed hands as to the principle upon which they
were originally supposed to be divided. The Democracy of to-day hold the
liberty of one man to be absolutely nothing, when in conflict with another
man's right of property; Republicans, on the contrary, are for both the man and
the dollar, but in case of conflict the man before the dollar.

I remember being very much amused at seeing two partially intoxicated men
engaged in a fight with their great-coats on, which fight, after a long and
rather harmless contest, ended in each having fought himself out of his own
coat and into that of the other. If the two leading parties of this day are
really identical with the two in the days of Jefferson and Adams they have
performed the same feat as the two drunken men.

But soberly, it is now no child's play to save the principles of Jefferson from
total overthrow in this nation. One would state with great confidence that he
could convince any sane child that the simpler propositions of Euclid are true,
but nevertheless he would fail, utterly, with one who should deny the
definitions and axioms.

The principles. of Jefferson are the definitions and axioms of free society and
yet they are denied and evaded, with no small show of success. One dashingly
calls them "glittering generalities." Another bluntly calls them " self-evident
lies " and others insidiously argue that they apply to " superior



Lincoln's Tribute to Jefferson xvii



races." These expressions, differing in form, are identical in object and
effect-the supplanting the principles of free government, and restoring those
of classification, caste, and legitimacy. They would delight a convocation of
crowned heads plotting against the people. They are the vanguard, the miners
and sappers of returning despotism. We must repulse them, or they will
subjugate us. This is a world of compensation ; and he who would be no slave
must consent to have no slave. Those who deny freedom to others deserve it not
for themselves, and, under a just God, cannot long retain it. All honor to
Jefferson-to the man, who in the concrete pressure of a struggle for national
independence by a single people, had the coolness, forecaste, and sagacity to
introduce into a merely revolutionary document an abstract truth, applicable to
all men and all times, and so embalm it there that to-day and in all coming
days it shall be a rebuke and a stumbling-block to the very harbingers of
reappearing tyranny and oppression.

Your obedient servant,

A. LlNCOLN.




CONTENTS.







                                                                               
                                    PAGE



DEDICATION                                                                     
                         111



OFFICERS OF THE THOMAS JEFFERSON MEMORIAL

ASSOCIATION                                                                    
                         V





INTRODUCTION BY SENATOR GEORGE F. HOAR                               VII





ABRAHAM LINCOLN'S TRIBUTE TO JEFFERSON                                 XV





AUTOBIOGRAPHY                                                                  
                 1-164

History and Form of the Declaration of Inde-

pendence, with facsimile of Jefferson's

original draft                                                                 
                               17-39



Proposals for Concerted Operation among

Powers at war with the piratical States of

Barbary                                                                        
                                   97



Extracts from a Despatch of the Count de

Vergennes to the Marquis de Verac                                              
                 110





APPENDIX TO AUTOBIOGRAPHY                                                  
165-262



(Note A) Letter to John Saunderson, Esq                                        
              165

Note for the Biography of Geo.

Wythe                                                                          
                                 166

(Note B) Letter to Samuel A. Wells, Esq                                        
               170

(Note C) On the Instructions given to the first

Delegation of Virginia to Congress

in August, 1774                                                                
                             181

(Note D) Instructions for the Deputies ap

pointed to meet in General Con-

gress On the part of Virginia                                                  
                        211





XX Contents







                                                                               
PAGE

(Note E) Letter to George Wythe, Esq                                           
             216

A Bill for proportioning Crimes

and Punishments in Cases here-

tofore Capital                                                                 
                             218

(Note F) Notes on the Establishment ,of a

Money Unit and of a Coinage for

the United States.                                                             
                           239

Supplementary Explanations                                                     
                   251

(Note G) Thomas Jefferson's Summary of his

own Achievements..                                                             
                       256

(Note H) Letters of George Washington to

Thomas Jefferson                                                               
                259--261



THE ANAS                                                                       
                 265-492

Explanation of the Three Volumes Bound in

Marbled Paper                                                                  
                         265

Conversation with Alexander Hamilton.                                          
             283

Conversations with President Washington                                        
            285

                                                                               
                    315, 327,330

Cabinet Meetings                                         358, 360, 361, 373,
377, 379,380

                                                                    383, 389,
393, 397, 400, 401,402

                                                                    406, 409,
410, 453, 481, 490,491

Memorandum of Meeting at the State House,

Philadelphia, relative to the case of the Little

Sarah                                                                          
                               363

Reasons for Secretary of State's Dissent                                       
              365

Copy of a Minute given to President Washington                                 
       370

A Recapitulation of Questions whereupon Mem-

bers of the Cabinet have given opinions                                        
              371

Conference with President Washington                                           
           384

Conversation with John Adams                                                   
               413

Dinner with President (John) Adams                                             
             420

Conversation with Aaron Burr                                                   
                443

Conversation with the British Minister                                         
               485




JEFFERSON'S WORKS.



AUTOBIOGRAPHY, WITH APPENDIX.



 JANUARY 6; 1821. At the age of 77, I begin to make some memoranda, and state
some recollections of dates and facts concerning myself, for my own more ready
reference, and for the information of my family. The tradition in my father's
family was, that their ancestor came to this country from Wales, and from near
the mountain of Snowdon, the highest in Great Britain. I noted once a case from
Wales, in the law reports, where a person of our name was either plaintiff or
defendant; and one of the same name was secretary to the Virginia Company.
These are the only instances in which I have met with the name in that country.
I have found it in our early records; but the first particular information I
have of any ancestor was of my grandfather, who lived at the place in
Chesterfield called Ozborne's, and owned the lands afterwards the glebe of the
parish. He had three sons; Thomas who died young, Field who settled on the
waters of Roanoke and left numerous descendants, and Peter, my father, who
settled on



 VOL. I-I



Jefferson's Works 2



the lands I still own, called Shadwell, adjoining my present residence. He was
born February 29,1707-8, and intermarried 1739, with Jane Randolph, of the age
of 19, daughter of Isham Randolph, one of the seven sons of that name and
family, settled at Dungeoness in Goochland. They trace their pedigree far back
in England and Scotland, to which let every one ascribe the faith and merit he
chooses. My father's education had been quite neglected; but being of a strong
mind, sound judgment, and eager after information, he read much and improved
himself, insomuch that he was chosen, with Joshua Fry, Professor of Mathematics
in William and Mary college, to continue the boundary line between Virginia and
North Carolina, which had been begun by Colonel Byrd; and was afterwards
employed with the same Mr. Fry, to make the first map of Virginia which had
ever been made, that of Captain Smith being merely a conjectural sketch. They
possessed excellent materials for so much of the country as is below the Blue
Ridge ; little being then known beyond that ridge. He was the third or fourth
settler, about the year 1737, of the part of the country in which I live. He
died, August 17th, 1757, leaving my mother a widow, who lived till 1776, with
six daughters and two sons, myself the elder. To my younger brother he left his
estate on James River , called Snowdon, after the supposed birth-place of the
family: to myself, the lands on which I was born and live.



Autobiography 3



He placed me at the English school at five years of age; and at the Latin at
nine, where I continued until his death. My teacher, Mr. Douglas, a clergyman
from Scotland, with the rudiments of the Latin and Greek languages, taught me
the French; and on the death of my father, I went to the Reverend Mr. Maury, a
correct classical scholar, with whom I continued two years; and then, to wit,
in the spring of 1760, went to William and Mary college, where I continued two
years. It was my great good fortune, and what probably fixed the destinies of
my life, that Dr. William Small of Scotland, was then Professor of Mathematics,
a man profound in most of the useful branches of science, with a happy talent
of communication, correct and gentlemanly manners, and an enlarged and liberal
mind. He, most happily for me, became soon attached to me, and made me his
daily companion when not engaged in the school; and from his conversation I got
my first views of the expansion of science, and of the system of things in
which we are placed. Fortunately, the philosophical chair became vacant soon
after my arrival at college, and he was appointed to fill it per interim: and
he was the first who ever gave, in that college, regular lectures in Ethics,
Rhetoric and Belles Letters. He returned to Europe in 1762, having previously
filled up the measure of his goodness to me, by procuring for me, from his most
intimate friend, George Withe, a reception as a student of law, under his
direction, and introduced 


4                                   Jefferson's Works



me to the acquaintance and familiar table of Governor Fauquier, the ablest man
who had ever filled that office. With him, and at his table, Dr. Small and Mr.
Withe, his amici omnium horarum, and myself, formed a partie quarrel, and to
the habitual conversations on these occasions I owed much instruction. Mr.
Withe continued to be my faithful and beloved mentor in youth, and my most
affectionate friend through life. In 1767, he led me into the practice of the
law at the bar of the General court, at which I continued until the Revolution
shut up the courts of justice.(l) In 1769, I became a member of the legislature
by the choice of the county in which I live, and so continued until it was
closed by the Revolution. I made one effort in that body for the permission of
the emancipation of slaves, which was rejected: and indeed, during the regal
government, nothing liberal could expect success. Our minds were circumscribed
within narrow Iimits, by an habitual belief that it was our duty to be
subordinate to the mother country in all matters of government, to direct all
our labors in subservience to her interests, and even to observe a bigoted
intolerance for all religions but hers. The difficulties with our
representatives were of habit and despair, not of reflection and conviction.
Experience soon proved that they could bring their minds to rights, on the
first summons of their attention. But the King's Council, which acted as
another house







        _______________



 [(1) See Appendix, note A.] 







Autobiography 5



of legislature, held their places at will, and were in most humble obedience to
that will: the Governor too, who had a negative on our laws, held by the same
tenure, and with still greater devotedness to it : and, last of all, the Royal
negative closed the last door to every hope of amelioration.



On the 1st of January, 1772, I was married to Martha Skelton, widow of Bathurst
Skelton, and daughter of John Wayles, then twenty-three years old. Mr. Wayles
was a lawyer of much practice, to which he was introduced more by his great
industry, punctuality, and practical readiness, than by eminence in the science
of his profession. He was a most agreeable companion, full of pleasantry and
good humor, and welcomed in every society. He acquired a handsome fortune, and
died in May, 1773, leaving three daughters : the portion which came on that
event to Mrs. Jefferson, after the debts should be paid, which were very
considerable, was about equal to my own patrimony, and consequently doubled the
ease of our circumstances.



When the famous Resolutions of 1765, against the Stamp-act, were proposed, I
was yet a student of law in Williamsburg. I attended the debate, however, at
the door of the lobby of the House of Burgesses, and heard the splendid display
of Mr. Henry's talents as a popular orator. They were great indeed; such as I
have never heard from any other man. He appeared to me to speak as Homer wrote.
Mr. Johnson, a lawyer, and member from



6 Jefferson's Works the Northern Neck, seconded the resolutions, and by him the
learning and the logic of the case were chiefly maintained. My recollections of
these transactions may be seen page 60 of the life of Patrick Henry, by Wirt,
to whom I furnished them. In May, 1769, a meeting of the General Assembly was
called by the Governor, Lord Botetourt. I had then become a member; and to that
meeting became known the joint resolutions and address of the Lords and
Commons, of 1768-9, on the proceedings in Massachusetts. Counter-resolutions ,
and an address to the King by the House of Burgesses, were agreed to with
little opposition, and a spirit manifestly displayed itself of considering the
cause of Massachusetts as a common one. The Governor dissolved us: but we met
the next day in the Apollo(l) of the Raleigh tavern, formed ourselves into a
voluntary convention, drew up articles of association against the use of any
merchandise imported from Great Britain, signed and recommended them to the
people, repaired to our several counties, and were re-elected without any other
exception than of the very few who had declined assent to our proceedings.
Nothing of particular excitement occurring for a considerable time, our
countrymen seemed to fall into a state of insensibility to our situation; the
duty on tea, not yet repealed, and the declaratory act of a right in the
British Parliament to bind us







        _______________



 [(1) The name of a public room in the Raleigh.] 



Autobiography 7



by their laws in all cases whatsoever, still suspended over us. But a court of
inquiry held in Rhode Island in 1762, with a power to send persons to England
to be tried for offences committed here, was considered, at our session of the
spring of 1773, as demanding attention. Not thinking our old and leading
members up to the point of forwardness and zeal which the times required, Mr.
Henry, Richard Henry Lee, Francis L. Lee, Mr. Carr and myself agreed to meet in
the evening, in a private room of the Raleigh, to consult on the state of
things. There may have been a member or two more whom I do not recollect. We
were all sensible that the most urgent of all measures was that of coming to an
understanding with all the other colonies, to consider the British claims as a
common cause to all, and to produce a unity of action : and, for this purpose,
that a committee of correspondence in each colony would be the best instrument
for intercommunication : and that their first measure would probably be, to
propose a meeting of deputies from every colony, at some central place, who
should be charged with the direction of the measures which should be taken by
all. We, therefore, drew up the resolutions which may be seen in Wirt, page 87.
The consulting members proposed to me to move them, but I urged that it should
be done by Mr. Carr, my friend and brother-in-law, then a new member, to whom I
wished an opportunity should be given of making known to the house his great



8 Jefferson's Works



worth and talents. It was so agreed; he moved them, they were agreed to nem.
con. and a committee of correspondence appointed, of whom Peyton Randolph, the
speaker; was chairman. The Governor (then Lord Dunmore) dissolved us, but the
committee met the next day, prepared a circular letter to the speakers of the
other colonies, inclosing to each a copy of the resolutions, and left it in
charge with their chairman to forward them by expresses. The origination of
these committees of correspondence between the colonies has been since claimed
for Massachusetts, and Marshall' has given into this error, although the very
note of his appendix to which he refers, shows that their establishment was
confined to their own towns. This matter will be seen clearly stated in a
letter of Samuel Adams Wells to me of April 2nd, 1819, and my answer of May
12th. I was corrected by the letter of Mr. Wells in the information I had given
Mr. Wirt, as stated in his note, page 87, that the messengers of Massachusetts
and Virginia crossed each other on the way, bearing similar propositions; for
Mr. Wells shows that Massachusetts did not adopt the measure, but on the
receipt of our proposition, delivered at their next session. Their message,
therefore, which passed ours, must have related to something else, for I well
remember Peyton Randolph's informing me of the crossing of our messengers.(2)



         _______________



[ (1) Life of Washington, vol. ii., p, 151, [(2) See Appendix, note B.] 



Autobiography 9



The next event which excited our sympathies for Massachusetts, was the Boston
port bill, by which that port was to be shut up on the 1st of June, 1774. This
arrived while we were in session in the spring of that year. The lead in the
House, on these subjects, being no longer left to the old members, Mr. Henry,
R. H. Lee, Fr. L. Lee, three or four other members, whom I do not recollect,
and myself, agreeing that we must boldly take an unequivocal stand in the line
with Massachusetts, determined to meet and consult on the proper measures, in
the council-chamber, for the benefit of the library in that room. We were under
conviction of the necessity of arousing our people from the lethargy into which
they had fallen, as to passing events; and thought that the appointment of a
day of general fasting and prayer would be most likely to call up and alarm
their attention. No example of such a solemnity had existed since the days of
our distresses in the war of '55, since which a new generation had grown up.
With the help, therefore, of Rushworth, whom we rummaged over for the
revolutionary precedents and forms of the Puritans of that day, preserved by
him, we cooked up a resolution, somewhat modernizing their phrases, for
appointing the 1st day of June, on which the portbill was to commence, for a
day of fasting, humiliation, and prayer, to implore Heaven to avert from us the
evils of civil war, to inspire us with firmness in support of our rights, and
to turn the hearts of



10                                                     Jefferson's Works



the King and Parliament to moderation and justice. To give greater emphasis to
our proposition, we agreed to wait the next morning on Mr. Nicholas, whose
grave and religious character was more in unison with the tone of our
resolution, and to solicit him to move it. We accordingly went to him in the
morning. He moved it the same day; the 1st of June was proposed; and it passed
without opposition. The Governor dissolved us, as usual. We retired to the
Apollo, as before, agreed to an association, and instructed the committee of
correspondence to propose to the corresponding committees of the other
colonies, to appoint deputies to meet in Congress at such place, annually, as
should be convenient, to direct, from time to time, the measures required by
the general interest: and we declared that an attack on any one colony, should
be considered as an attack on the whole. This was in May. We further
recommended to the several counties to elect deputies to meet at Williamsburg,
the 1st of August ensuing, to consider the state of the colony, and
particularly to appoint delegates to a general Congress, should that measure be
acceded to by the committees of correspondence generally. It was .acceded to ;
Philadelphia was appointed for the place, and the 5th of September for the time
of meeting. We returned home, and in our several counties invited the clergy to
meet assemblies of the people on the 1st of June, to perform the ceremonies of
the day, and to address



Autobiography 



to them discourses suited to the occasion. The people met generally, with
anxiety and alarm in their countenances, and the effect of the day, through the
whole colony, was like a shock of electricity, arousing every man, and placing
him erect and solidly on his centre. They chose, universally, delegates for the
convention. Being elected one for my own county, I prepared a draught of
instructions to be given to the delegates whom we should send to the Congress,
which I meant to propose at our meeting.(1) In this I took the ground that,
from the beginning, I had thought the only one orthodox or tenable, which was,
that the relation between Great Britain and these colonies was exactly the same
as that of England and Scotland, after the accession of James, and until the
union, and the same as her present relations with Hanover, having the same
executive chief, but no other necessary political connection ; and that our
emigration from England to this country gave her no more rights over us, than
the emigrations of the Danes and Saxons gave to the present authorities of the
mother country, over England. In this doctrine, however, I had never been able
to get any one to agree with me but Mr. Withe. He concurred in it from the
first dawn of the question, What was the political relation between us and
England? Our other patriots, Randolph, the Lees, Nicholas, Pendleton, stopped
at the half-way house of John







        _______________



[(1) See Appendix, note C.] 



11                                              Jefferson's Works



Dickinson, who admitted that England had a right -to regulate our commerce, and
to lay duties on it for the purposes of regulation, but not of raising revenue.
But for this ground there was no foundation in compact, in any acknowledged
principles of colonization, nor in reason: expatriation being a natural right,
and acted on as such, by all nations, in all ages. I set out for Williamsburg
some days before that appointed for our meeting, but was taken ill of a
dysentery on the road, and was unable to proceed. I sent on, therefore, to
Williamsburg two copies of my draught, the one under cover to Peyton Randolph,
who I knew would be in the chair of the convention, the other to Patrick Henry.
Whether Mr. Henry disapproved the ground taken, or was too lazy to read it (for
he was the laziest man in reading I ever knew) I never learned : but he
communicated it to nobody. Peyton Randolph informed the convention he had
received such a paper from a member, prevented by sickness from offering it in
his place, and he laid it on the table for perusal. It was read generally by
the members approved by many, though thought too bold for the present state of
things ; but they printed it in pamphlet form, under the title of "A Summary
View of the Rights of British America." It found its way to England, was taken
up by the opposition, interpolated a little by Mr. Burke so as to make it
answer opposition purposes, and in that form ran rapidly through several
editions. This information



Autobiography                                           13



I had from Parson Hurt, who happened at the time to be in London, whither he
had gone to receive clerical orders; and I was informed afterwards by Peyton
Randolph, that it had procured me the honor of having my name inserted in a
long list of proscriptions, enrolled in a bill of attainder commenced in one of
the Houses of Parliament, but suppressed in embryo by the hasty step of events,
which warned them to be a little cautious. Montague, agent of the House of
Burgesses in England, made extracts from the bill, copied the names, and sent
them to Peyton Randolph. The names, I think, were about twenty, which he
repeated to me, but I recollect those only of Hancock, the two Adamses, Peyton
Randolph himself, Patrick Henry, and myself.(1) The convention met on the 1st
of August, renewed their association, appointed delegates to the Congress, gave
them instructions very temperately and properly expressed, both as to style and
matter;(2) and they repaired to Philadelphia at the time appointed. The
splendid proceedings of that Congress, at their first session, belong to
general history, are known to every one, and need not therefore be noted here.
They terminated their session on the 26th of October, to meet again on the 10th
of May ensuing. The convention, at their ensuing session of March, ' approved
of the proceedings of Congress, thanked







         _______________



[(1) See Girardin's History of Virginia, Appendix No. 12. note. (2) See
Appendix, note D.] 



14                                      Jefferson's Works



their delegates, and reappointed the same persons to represent the colony at
the meeting to be held in May: and foreseeing the probability that Peyton
Randolph, their president, and speaker also of the House of Burgesses, might be
called off, they added me, in that event, to the delegation. Mr. Randolph was,
according to expectation, obliged to leave the chair of Congress, to attend the
General Assembly summoned by Lord Dunmore, to meet on the 1st day of June,
1775. Lord North's conciliatory propositions, as they were called, had been
received by the Governor, and furnished the subject for which this assembly was
convened. Mr. Randolph accordingly attended, and the tenor of these
propositions being generally known, as having been addressed to all the
governors, he was anxious .that the answer of our Assembly, likely to be the
first, should harmonize with what he knew to be the sentiments and wishes of
the body he had recently left. He feared that Mr. Nicholas, whose mind was not
yet up to the mark of the times, would undertake the answer, and therefore
pressed me to prepare it. I did so, and, with his aid, carried it through the
House, with long and doubtful scruples from Mr. Nicholas and James Mercer, and
a dash of cold water on it here and there, enfeebling it somewhat, but finally
with unanimity, or a vote approaching it. This being passed, I repaired
immediately to Philadelphia, and conveyed to Congress the first notice they had
of it. It was entirely



Autobiography                              15



 approved there. I took my seat with them on the 21st of June. On the 24th, a
committee which had been appointed to prepare a declaration of the causes of
taking up arms, brought in their report (drawn I believe by J. Rutledge) which,
not being liked, the House recommitted it, on the 26th, and added Mr. Dickinson
and myself to the committee. On the rising of the House, the committee having
not yet met, I happened to find myself near Governor W. Livingston, and
proposed to him to draw the paper. He excused himself and proposed that. I
should draw it. On my pressing him with urgency,



" we are as yet but new acquaintances, sir," said he," why are you so earnest
for my doing it? " " Because," said I, " I have been informed that you drew the
Address to the people of Great Britain, a production, certainly, of the finest
pen in America."



" On that," says he, " perhaps, sir, you may not have been correctly informed."
I had received the information in Virginia from Colonel Harrison on his return
from that Congress. Lee, Livingston, and Jay had been the committee for that
draught. The first, prepared by Lee, had been disapproved and recommitted. The
second was drawn by Jay, but being presented by Governor Livingston, had led
Colonel Harrison into the error. The next morning, walking in the hall of
Congress, many members being assembled, but the House not yet formed, I
observed Mr. Jay speaking to R. H. Lee, and leading him by the button of his
coat to me. " I



16                                            Jefferson's Works



understand, sir," said he to me, " that this gentleman informed you, that
Governor Livingston drew the Address to the people of Great Britain." I assured
him, at once, that I had not received that information from Mr. Lee, and that
not a word had ever passed on the subject between Mr. Lee and myself; and after
some explanations the subject was dropped. These gentlemen had had some
sparrings in debate before, and continued ever very hostile to each other. , I
prepared a draught of the declaration committed to us. It was too strong for
Mr. Dickinson. He still retained the hope of reconciliation with the mother
country, and was unwilling it should be Lessened by offensive statements. He
was so honest a man, and so able a one, that he was greatly indulged even by
those who could not feel his scruples. We therefore requested him to take the
paper, and put it into a form he could approve. He did so, preparing an entire
new statement, and preserving of the former only the last four paragraphs and
half of the preceding one. We approved and reported it to Congress, who
accepted it. Congress gave a signal proof of their indulgence to Mr. Dickinson,
and of their great desire not to go too fast for any respectable part of our
body, in permitting him to draw their second petition to the King according to
his own ideas, and passing it with scarcely any amendment. The disgust against
this numility was general; and Mr. Dickinson's delight



Autobiography                              17



at its passage was the. only circumstance which reconciled them to it. The vote
being passed, although further observation on it was out of order, he could not
refrain from rising and expressing his satisfaction, and concluded by saying, "
there is but one word, Mr. President, in the paper which I disapprove, and that
is the word Congress; " on which Ben Harrison rose and said, " There is but one
word in the paper, Mr. President, of which I approve, and that is the word
Congress." On the 22d of July, Dr. Franklin, Mr. Adams, R. H. Lee, and myself,
were appointed a committee to consider and report on Lord North's conciliatory
resolution. The answer of the Virginia Assembly on that subject having been
approved, I was requested by the committee to prepare this report, which will
account for the similarity of feature in the two instruments. On the l5th of
May, 1776, the convention of Virginia instructed their delegates in Congress,
to propose to that body to declare the colonies independent of Great Britain,
and appointed a committee to prepare a declaration of rights and plan of
government. `In Congress, Friday, June 7, 1776. The dele







        _______________



 [(1) Here, in the original manuscript, commence the "two preceding sheets"
referred to by Mr. Jefferson, page 26, as containing "notes" taken by him
"whilst these things were going on." They are easily distinguished from the
body of the MS. in which they were inserted by him, being of a paper very
different in size, quality and color, from that in which the latter is
written.) 



vol..1-a.



18                                          Jefferson's Works



gates from Virginia moved, in obedience to instructions from their
constituents, that the Congress should declare that these United colonies are,
and of right ought to be, free and independent states, that they are absolved
from all allegiance to the British crown, and that all political connection
between them and the state of Great Britain is, and 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 and Monday, the loth, in debating on the subject. It was argued by Wilson,
Robert R. Livingston, E. Rutledge, Dickinson, and others that, though they were
friends to the measures themselves, and saw the impossibility that we should
ever again be united with Great Britain, yet they were against adopting them at
this time : That the conduct we had formerly observed was wise and proper now,
of deferring to take any capital step till the voice of the people drove us
into it :



Autobiography                                     19



That they were our power, and without them our declarations could not be
carried into effect: That the people of the middle colonies (Maryland,
Delaware, Pennsylvania, the Jerseys and New York) were not yet ripe for bidding
adieu to British connection, but that they were fast ripening, and, in a short
time, would join in the general voice of America : That the resolution, entered
into by this House on the l5th 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, and consequently no powers to give such consent : That
if the delegates of any particular colony had no power to declare such colony
independent, certain they were, the others could not declare it for them; the
colonies being as yet perfectly independent 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, and those of the
Jerseys and Delaware counties would meet on the Monday following, and it was
probable these bodies would



20                                          Jefferson's Works



take up the question of Independence, and would declare to their delegates the
voice of their state : That if such a declaration should now be agreed to,
these delegates must retire, and 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 and 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, and 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:



Autobiography                                     21



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 and
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, and our Declaration of Independence
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, Withe, 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
Independence, 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 always been independent of them, their restraints on our trade
deriving efficacy from our acquiescence only, and not from any rights they



22                                 Jefferson's Works



possessed of imposing them, and that so far, our connection had been federal
only, and 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 last 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 and protection are reciprocal, the one ceasing when the other is
withdrawn : That James the Second never declared the people of England out of
his protection, yet his actions proved it, and 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 and
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



Autobiography                                       23



the Lord Mayor, Aldermen and 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 favor of the measure, though 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 l5th of May has proved this, which, raising the murmurs
of some in the colonies of Pennsylvania and Maryland, called forth the opposing
voice of the freer part of the people, and 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 and connections, and
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



24                               Jefferson's Works



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 and 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 and 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, and therefore we had better
propose an alliance while our affairs wear a hopeful aspect : That to wait the
event of this campaign will



Autobiography                                     25



certainly work delay, because, during the summer, France may assist us
effectually, by cutting off those supplies of provisions from England and
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, and calling our
enemy to the defense 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
payment of taxes: And that the only misfortune is, that we did not enter into
alliance with France six months sooner, as, besides opening her ports for the
vent of our last year's produce, she 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
New 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 1st ; but, that this might occasion
as little delay as possible, a committee was appointed to



26                                       Jefferson's Works



prepare a Declaration of Independence. The committee were John Adams, Dr.
Franklin, Roger Sherman, Robert R. Livingston, and 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 committee of the
whole, and 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 New Hampshire, Connecticut, Massachusetts,
Rhode Island, New Jersey, Maryland, Virginia, North Carolina and Georgia. South
Carolina and Pennsylvania voted against it. Delaware had but two members
present, and they were divided. The 'delegates from New York declared they were
for it themselves, and 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



Autobiography                               27



from the question; which was given them. The committee rose and reported their
resolution to the House. Mr. Edward Rutledge, of South Carolina, then requested
the determination might be put off to the next day, as he believed his
colleagues, though 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 South 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 favor of the resolution. Members of a different
sentiment attending that morning from Pennsylvania also, her vote was changed,.
so that the whole twelve colonies who were authorized to vote at all, gave
their voices for it; and, within a few days,(l) the convention of New 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 Independence, which had been reported and lain on the table the
Friday preceding, and on Monday referred to a committee 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







        _______________



[ (1) July 9.] 



28                            Jefferson's Works



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 though their people had 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, and 4th days of July, were, on the evening
of the last, closed; the Declaration was reported by the committee, 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;(l) and 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







        _______________



 [1 In this publication, the parts struck out are printed in Italics and
inclosed in brackets.]  




Autobiography                             29



them with another, and to assume among

the powers of the earth the separate and

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                       (certain)

and] inalienable rights ; that among these

are life, liberty, and the pursuit of happi-

ness ; that to secure these rights, govern-

ments are instituted among men, deriving

their just powers from the consent of the

governed ; that whenever any form of gov-

ernment becomes destructive of these ends,

it is the right of the people to alter or to

abolish it, and to institute new govern-

ment, laying its foundation on such prin-

ciples, and organizing its powers in such

form, as to them shall seem most likely to

effect their safety and happiness. ' Pru-

dence, indeed, will dictate that governments

long established should not be changed for

light and transient causes ; and accord-

ingly all experience hath shown that man

kind are more disposed to suffer while evils

are sufferable, than to right themselves by

abolishing the forms to which they are



30                     Jefferson's Works





customed. But when a long train of

abuses and usurpations, [begun at a dis-

tinguished 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, and to provide new guards

for their future security. Such has been

the patient sufferance of these colonies;

and such is now the necessity which con

strains them to [expunge] their former sys-                          (alter)

tems of government. The history of the

present king of Great Britain is a history

of [unremitting] injuries and usurpations,                           
(repeated)

[among which appears no solitary fact to                            (all
having)

contradict the uniform tenor of the rest, but

all have] 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 and necessary for the

public good.

He has forbidden his governors to pass

laws of immediate and pressing importance,

unless suspended in their operation till his

assent should be obtained; and, when so

suspended, he has utterly neglected to

attend to them.



Autobiography                            31



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, and formidable

to tyrants only.

He has called together legislative bodies

at places unusual, uncomfortable, and dis

tant 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 [and 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 remain-

ing, in the meantime, exposed to all the

dangers of invasion from without and con-

vulsions within.

He has endeavored to prevent the popu-

lation of these states; for that purpose

obstructing the laws for naturalization of

foreigners, refusing to pass others to en

courage their migrations hither, and raising

the conditions of new appropriations of

lands.



32                        Jefferson's Works



He has [suffered] the administration of                                      
(obstructed)

justice [totally to cease in some of these states]                         
(by)

refusing his assent to laws for establishing

judiciary powers.

He has made [our] judges dependent on

his will alone for the tenure of their offices,

and the amount and payment 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

independent of, and superior to, the civil

power.

He has combined with others to subject

us to a jurisdiction foreign to our consti-

tutions and 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 con

sent; for depriving us [ ] of the benefits                         (in many
cases)



Autobiography                         33



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 en-

larging its boundaries, so as to render it at

once an example and fit instrument for

introducing the same absolute rule into

these [states]; for taking away our charters,                               
(colonies)

abolishing our most valuable laws, and

altering fundamentally the forms of our

governments; for suspending our own legis-

latures, and declaring themselves invested

with power to legislate for us in all cases

whatsoever.

He has abdicated government here [with-                                   (by
declaring us)

drawing his governors, and declaring us out                               (out
of his protection)

of his allegiance and protection.]                                             
  ( and waging war)

He has plundered our seas, ravaged our                                     
(against us.)

coasts, burnt our towns, and destroyed the

lives of our people.

He is at this time transporting large

armies of foreign mercenaries to complete

the works of death, desolation and tyranny

already begun with circumstances of cruelty

and perfidy [ ] unworthy the head of a                                         
(scarcely paralleled)

civilized nation.                                                              
             (in the most barbarous)

He has constrained our fellow citizens                                         
(ages, and totally)

taken captive on the high seas, to bear

arms against their country, to become the



VOL. I-3



34                                 Jefferson's Works



executioners of their friends and brethren,

or to fall themselves by their hands.

He has [ ] endeavored to bring on the                              (excited
domestic)

inhabitants of our frontiers, the merciless                       (
insurrection)

Indian savages, whose known rule of war                      (among us and has)

fare is an undistinguished destruction of all

ages, sexes and conditions [of existence].

[He has incited treasonable insurrections of

our fellow citizens, with the allurements of

forfeiture and confiscation of our property.

He has waged cruel way against human

nature itself, violating its most sacred nights

of life and liberty in the persons of a distant

people who never offended him, captivating

and carrying them into slavery in another

hemisphere, or to incur miserable death in

their transportation thither. This piratical

wayfare, 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 and sold, he has

prostituted his negative for suppressing every

legislative attempt to prohibit or to restrain

this. execrable commerce. And that this as-

semblage 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



Autobiography                            35



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 [ ] people [who                                   
(free)

mean to be free. Future ages will scarcely

believe that the hardiness of one man adven-

tured, within the short compass of twelve

years only, to lay a foundation so broad and 

so undisguised for tyranny over a people 

fostered and 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 ] jurisdiction                               
(an unwarrantable)

over [these our states]. We have reminded

them of the circumstances of our emigra-

tion and settlement here, [no one of which

could warrant so strange a pretension: that

these were effected at the expense of our own

blood and treasure, unassisted by the wealth

or the strength of Great Britain: that in

constituting indeed our several forms of gov-

ernment, we had adopted one common king,



36                          Jefferson's Works



thereby Laying a foundation for perpetual

league and amity with them: but that sub

mission to their parliament was no part of

our constitution, nor ever in idea, if history

may be credited: and,] we [ ] appealed to                                (have)

their native justice and magnanimity [as                                   (and
we have)

well as to] the ties of our common kindred                              
(conjured them by)

to disavow these usurpations which [were                                (would
inevitably)

likely to] interrupt our connection and cor-

respondence. They too have been deaf to

the voice of justice and 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 har-

mony, 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 and foreign mercenaries to

invade and 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 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 and of freedom,

it seems, is below their dignity. Be it so

since they will have it. The road to happi-



Autobiography 37



ness and to glory is open to us, too. We will

tread it apart from them, and] acquiesce in                             (We
must therefore)

the necessity which denounces our [eternal]                           (and hold
them as we)

separation [ ]!                                                                
        (hold the rest of mankind,)

                                                                               
               (enemies in war, in peace friends)



We therefore the representatives of        ³We, therefore, the representatives
of

the United States of America in        ³the United States of America in

General Congress assembled, do in        ³General Congress assembled,

the name, and by the authority of        ³appealing to the supreme judge of

the good people of these [states        ³the world for the rectitude of our

reject and renounce all allegiance        ³intentions, do in the name, and by

and subjection to the kings of Great        ³the authority of the good people
of

Britain and all others who may        ³these colonies, solemnly publish and

hereafter claim by, through or under        ³declare, that these united
colonies

them; we utterly dissolve all political        ³are, and of right ought to be
free

connection which may heretofore        ³and independent states ; that they

have subsisted between us and the        ³are absolved from all allegiance to

people or parliament of Great Britain:        ³the British crown, and that all

and finally we do assert and declare        ³political connection between them
and

these colonies to be free and        ³the state of Great Britain is, and

independent states,] and that as free        ³ought to be, totally dissolved;
and

and independent states,        ³that as free

they have full power to levy war,        ³and independent states, they have

conclude peace, contract alliances,        ³full power to levy war, conclude

establish commerce, and to do all        ³peace, contract alliances, establish

other acts and things which        ³commerce, and to do all other acts

independent states may of right do.        ³and things which independent states

And for the support of this        ³may of right do.

declaration, we mutually pledge to        ³And for the support of this

each other our lives, our fortunes,        ³declaration, with a firm reliance
on

and our sacred honor.        ³the protection of divine providence,

        ³we mutually pledge to each other our

        ³lives, our fortunes, and our sacred

        ³honor.



38 Jefferson's Works







The Declaration thus signed on the 4th, on paper, was engrossed on parchment,
and 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



 [(1) See Appendix, note B.] 



Autobiography                  39



the two following are of the earlier debates on the Confederation, which I took
in like manner.(1)]



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 and 31st of that month, and 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 and all other expenses that shall be
incurred for the common defense, 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, and quality, except Indians not paying taxes, in each colony, a
true account of which, distinguishing the white inhabitants, shall be
triennially taken and transmitted to the Assembly of the United States."

Mr. Chase moved that the quotas should be fixed, not by the number of
inhabitants of every condition,



 [(1) The above note of the author is on a slip of paper, pasted in at the end
of the Declaration. Here is also sewed into the MS. a slip of newspaper
containing, under the head " Declaration of Independence," a letter from Thomas
M'Kean, to Messrs. William M'Corkle & Son dated

"Philadelphia, June 16, 1817." This letter is to be found in the Port Folio,
Sept. l817, p. 249.] 



40                     Jefferson's Works



but by that of the "white inhabitants." He admitted that taxation should be
always 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 and 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 always 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 the same surplus in slaves.
There is no more reason, therefore, for taxing the Southern States on the
farmer's head, and on his slave's head, than the Northern ones on their
farmer's heads and the heads of their cattle; that the method proposed would,
therefore, tax the Southern States according to their numbers and 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,
and that they have no more interest in it.




Autobiography 41



Mr. John Adams observed; that the numbers of people were taken by this article,
as an index of the wealth of the State, and 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
Iaboring 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 laborers on 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 laborers add as much wealth annually to the State, increase
its exports as much in the one case as the other. Certainly five hundred
freemen produce no more profits, no greater surplus for the payment of taxes,
than five hundred slaves. Therefore, the State in which are the laborers called
freemen, should be taxed no more than that in which are those called slaves.
Suppose, by an extraordinary operation of nature or of law, onehalf the
laborers 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 laborers which produces the surplus for taxation, and numbers,
therefore, indiseriminately, are the fair index of wealth; that it is



42 Jefferson's Works



the use of the word " property " here, and its 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 laborers in his country, and
proportionably to its profits and abilities to pay taxes; if he buys from his
neighbor, it is only a transfer of a laborer from one farm to another, which
does not change the annual produce of the State, and therefore, should not
change its tax : that if a Northern farmer works ten laborers on his farm, he
can, it is true, invest the surplus often men's labor 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 laborer might be called the wealth of his employer; but as to the
State, both were equally its wealth, and should, therefore equally add to the
quota of its tax. Mr. Harrison proposed, as a compromise, that two slaves
should be counted as one freeman. He affirmed that slaves did not do as 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 laborer in the Southern colonies
being from



Autobiography 43



#L8 to #L12, while in the Northern it was generally #L24. Mr. 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 defense, which would of
course f all so much the heavier on the Northern : that slaves occupy the
places of freemen, and eat their food. Dismiss your slaves, and freemen will
take their places. It is our duty to lay every discouragement on the
importation of slaves ; but this amendment would give the just trium liberorum
to him who would import slaves : that other kinds of property were pretty
equally distributed through all the colonies : there were as many cattle,
horses and sheep, in the North as the South, and South as the North; but not so
as to slaves : that experience has shown that those colonies have been always
able to pay most, which have the most inhabitants, whether they be black or
white ; and the practice of the Southern colonies has always been to make every
farmer pay poll taxes upon all his laborers, 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 gen-



44 Jefferson's Works



erally, 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. Witherspoon was of opinion,
that the value of lands and 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, and 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 always 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, and related to the moneys
heretofore emitted: whereas we are now entering into



Autobiography 45



a new compact, and therefore stand on original ground. August 1. The question
being put, the amendment proposed was rejected by the votes of New Hampshire,
Massachusetts, Rhode Island, Connecticut, New York, New Jersey, and
Pennsylvania, against those of Delaware, Maryland, Virginia, North and 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,
August 1. Present forty-one members. . Mr. Chase observed 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 f or 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 and independence, 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



46 Jefferson's Works



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, and 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 and 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



Autobiography 47



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, and
lessen its importance ; because it will open to our view future prospects of
war and dissension among ourselves. If an equal vote be refused, the smaller
States will become vassals to the larger ; and all experience has shown that
the vassals and subjects of free States. are the most enslaved. He instanced
the Helots of Sparta, and 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



48 Jefferson's Works



bargain with each other, and, of course, had a right to vote as individuals.
That in the East India Company they voted by persons, and 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, and,
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 co-ordinate; that is, of
things similar, and 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 and a federal union. The union of
England was an incorporating one; yet Scotland had suffered by that union; for
that its inhabitants were drawn from it by the hopes of places and 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
onefortieth 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



Autobiography



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 and
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 its 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 #L50, B. #L500, C. #Ll000 in partnership. Is it just
they should equally dispose of the moneys 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 and 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



vol. 1-4



Jefferson's Works



the larger. Virginia, Pennsylvania, and Massachusetts, are the three greater
colonies. Consider their distance, their difference of produce, of interests
and of manners, and 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 Island, from its
relation, similarity and intercourse, will generally pursue the same objects
with Massachusetts; Jersey, Delaware and Maryland, with Pennsylvania. Dr. 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



Autobiography 51



render every fear of their combining visionary. Their interests are different,
and their circumstances dissimilar. It is more probable they will become
rivals, and 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,
and to encourage the increase of their free inhabitants. Mr. Hopkins observed,
there were four larger, four smaller, and four middle-sized colonies. That the
four largest would contain more than half the inhabitants of the confederated
States, and 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; and 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



52 Jefferson's Works



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 and 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 Queen 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 and 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,



Autobiography 53



Pennsylvania and Massachusetts, and which will not also be for the interest of
the other States.(1) These articles, reported July 12, '76, were debated from
day to day, and time to time, for two years, were ratified July 9, '78, by ten
States; by New Jersey on the 26th of November of the same year, and by Delaware
on the 23d of February following. Maryland alone held off two years more,
acceding to them March 1, ' 81, and thus closing the obligation. Our delegation
had been renewed for the ensuing year, commencing August 11; but the new
government was now organized, a meeting of the legislature was to be held in
October, 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
September, resigned it, and took my place in the legislature of my State, on
the 7th of October. On the llth, I moved for leave to bring in a bill for the
establishment of courts of justice, the organization of which was of
importance. I drew the bill; it was approved by the committee, reported and
passed, after going through its due course.



On the 12th, I obtained leave to bring in a bill declaring, tenants in tail to
hold their lands in fee







         _______________



 [(1) Here terminate the author's notes of the " earlier debates on the
confederation," and recommences the MS. begun by him in l821.]



54 Jefferson's Works



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 distinet 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
counselors of State ; the hope of which distinction devoted the whole corps to
the interests and 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, and scattered
with equal hand through all its 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,



Autobiography 55



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 and 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
maneuvers, skirmishes in detail, and the recovery of small advantages which,
little singly, were important all together. 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 and benevolent of men, the kindest friend, the most amiable and
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



Jefferson's Works



it by the introduction of four words only, " if either party choose." 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 Sir 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



Autobiography 57



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 liúe 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 and Robert Carter Nicholas; honest men, but zealous



58 Jefferson's Works



churchmen. The petitions were referred to the committee of the whole house on
the state of the country; and, after desperate contests in that committee,
almost daily from the llth of October 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 committee of November 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



Autobiography



particular object, going over to the advocates of a general assessment,) we
could only obtain a suspension from session to session until '; g, 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 although,
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 originally been 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 waters. Now they had crossed the
Alleghany ; and the centre 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 and many other of the public functionaries, the
established place for the sessions of the legislature, and the magazine of our
military stores ; and its 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



60 Jefferson's Works



saving either persons or things. I had proposed its removal so early as
October, '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 and 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 theater 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 con



Autobiography 61



stant 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.(l) 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
November, ' 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, and 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 [1
See Appendix, note A.]



62 Jefferson's Works



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 and 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, and Kings to restrain us from doing right,
it should be corrected, in all its parts, with a single eye to reason, and 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



Autobiography 63



favor of ancient 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 and judgment; and when reduced to a text, every w ord of
that text, from the imperfection of human language, and its incompetence to
express distinctly every shade of idea, would become a subject of question and
chicanery, until settled by repeated adjudications; and 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 and 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, and myself. When we
proceeded to the distribution of the work, Mr. Mason excused himself, as, being
no lawyer, he felt himself unqualified for 


64 Jefferson's Works



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, and the criminal
law fell of course within my portion, I wished the committee 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 and 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



Autobiography 65



felonies, should be substituted hard labor in the public works, and in some
cases, the Lez 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 ancient people ; but the
modern mind had left it far in the rear of its advances. These points, however,
being settled, we repaired to our respective homes for the preparation of the
work. In the execution of my part, I thought it material not to vary the
diction of the ancient 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 a foresaids, by ors and by
ands, to make them more plain, are really rendered more perplexed and
incomprehensible, not only to common readers, but to the lawyers themselves. We
were employed in this work from that



 V O L. 1-5



66 Jefferson's Works



time to February, 1779, when we met at Williamsburg, that is to say, Mr.
Pendleton, Mr. Wythe and 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 one hundred
and twenty-six bills, making a printed folio of ninety 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 dedi-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



Autobiography 67



reason and right. It still met with opposition ; but, with some mutilations in
the preamble, it was finally passed; and a singular proposition proved that its
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 its 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 learned 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



68 Jefferson's Works



abandonment of self-respect, as, instead of reforming, plunged them into the
most desperate and hardened depravity of morals and character. To 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 ancient
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,
and. judiciary purposes; and accommodated in their size and distribution to the
form and dimensions of the building.



Autobiography 69



These were forwarded to the Directors, in 1786, and were carried into
execution, with some variations, not for the better, the most important of
which, however, admit of future correction. With respect to 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. . Its principle,
accordingly, but not its 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 Pennsylvania, where labor on the
highways had been tried, without approbation, from 1786 to 89, and had been
followed by their Penitentiary system on the principle of confinement and
labor, which was



70 Jefferson's Works



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 and manslaughter, preserved
in my bill, they introduced the new terms. of murder in the first and second
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.' The acts of Assembly concerning the College of
William and Mary, were properly within Mr. Pendleton's portion of our work; but
these related. chiefly to its revenue, while its constitution, organization and
scope of science, were derived from its 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. lst.
Elementary schools, for all children generally, rich and poor. 2d. 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



         _______________



[1 See Appendix, note E.]



Autobiography 71



easy circumstances. And, 3d, an ultimate grade for teaching the sciences
generally, and 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 twenty-four 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 William and Mary college, to enlarge its sphere of science, and
to make it in fact a 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 William
and Mary was an establishment purely of the Church of England; the Visitors
were required to be all of that Church; the Professors to subscribe its
thirty-nine Articles ; its Students to learn its 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



72 Jefferson's Works



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 burden, 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 and 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 gov



Autobiography 73



ernment. Nature, habit, opinion have 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 four of these bills, passed or reported, as
forming a system by which every fibre would be eradicated of ancient 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 and 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



74 Jefferson's Works



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 William and 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 and Oriental languages, and
substituting a professorship of Law and 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 and Nations, and 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,



Autobiography 75



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 defense of
the State, I resigned the administration at the end of my second year, and
General Nelson was appointed to succeed me.



Soon after my leaving Congress, in September, '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(1) agent 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







        _______________



[(1) 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.]



Jefferson's Works



at home, where much was to be done, of the most permanent interest, in new
modeling 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 Mr. Lee was appointed in my place. On the l5th of
June, 1781, I had been appointed, with Mr. Adams, Mr. Franklin, Mr. Jay, and
Mr. Laurens,a Minister Plenipotentiary for negotiating peace, then expected to
be effected through 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 l3th of November 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 l9th
of December, 1782, for Philadelphia, where I arrived on the 27th. The Minister
of France, Luzerne, offered me a passage in the Romulus frigate, which I
accepted; 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 Autobiography



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 September,
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. 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 November ensuing, when that of the existing delegation
would expire. I, accordingly, left home on the l6th of October, arrived at
Trenton, where Congress was sitting, on the 3d of November, 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 its 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 l3th of December. They, as early as January 7, 1782, had
turned



Autobiography 77



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 September,
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. 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 November ensuing, when that of the existing delegation
would expire. I, accordingly, left home on the 16th of October, arrived at
Trenton, where Congress was sitting, on the 3d of November, 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 its 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 January 7, 1782, had
turned



Jefferson's Works



their attention to the moneys 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 l5th, 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 that 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-l600 of the crown sterling.
The value of a dollar was, therefore, to be expressed by 1,440 units, and of a
crown by l,600; 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 April 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 committee, 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



Autobiography 79



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 eighty dollars
value, would require a notation of six figures, to wit, 115,200, and the public
debt, suppose of eighty millions, would require twelve 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 Pollar as our Unit of account and payment, and that its
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 one hundred of those he first proposed, so that a Dollar should be
14 40-l00, 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 showing the different views on which the adoption of
our money system hung.(l) The divisions into dimes, cents, and mills is now so
well understood, that it would be easy of introduction into the kindred
branches of weights and measures. I use







        _______________



[1 See Appendix, note F.]



80 Jefferson's Works



when I travel, an Odometer of Clarke's invention which divides the mile into
cents, and I find every one comprehends a distance readily, when stated to him
in miles and cents; so he would in feet and cents, pounds and 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 and nations, and to assemble Congress on
sudden and extraordinary emergencies, I proposed, early in April, the
appointment of a committee, 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 adjournment of Congress, quarreled 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



Autobiography 81

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 midchannel, 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 f all. 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 and
examine for themselves. They went up, and there found the other keeper. They
had quarreled, it seems, soon



vol. 1-6



82 Jefferson's Works



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 September, 1783,
and received here, could not be ratified without a House of nine States. On the
23d of December, therefore, we addressed letters to the several Governors,
stating the receipt of the definitive treaty; that seven States only were in
attendance, while nine 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 New York, and 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, and send on the ratification. Some
members had before suggested, that sever. States were competent to the
ratification. My motion was therefore postponed, and another brought forward by
Mr. Read, of South Carolina, for an immediate ratification. This was debated
the 26th and 27th. Read, Lee, Williamson and Jeremiah Chase, urged that
ratification was a mere



Autobiography 83



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 nine
States to enter into a treaty, yet, that its conclusion could not be called
entrance into it; that supposing nine States requisite, it would be in the
power of five States to keep us always at war ; that nine States had virtually
authorized the ratification, 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 sixty-seven days for the ratification, for its
passage across the Atlantic, and its exchange ; that there was no hope of our
soon having nine States present ; in f act, 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
seven States, it would go under our seal, without its being known to Great
Britain that only seven 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 Great Britain had
received from the Dutch, by the negotiations of Sir William Temple.



On the contrary, it was argued by Monroe, Gerry, Howel, Ellery and myself, that
by the modern usage of Europe, the ratification was considered as the act



Jefferson's Works



which gave validity to a treaty, until which, it was not obligatory.' 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 second
question, who were competent to the ratification? That the Confederation
expressly required nine States to enter into any treaty; that, by this, that
instrument must have intended, that the assent of nine States should be
necessary, as well to the completion as to the commencement of the treaty, its
object having been to guard the rights of the Union in all those important
cases where nine States are called for; that by the contrary construction,
seven States, containing less than one-third of our whole citizens, might rivet
on us a treaty, commenced indeed under commission and instructions from nine
States, but formed by the minister in express contradictory 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 nine States alone were competent to decide; that the
circumstances of the ratification of the provisional articles by nine 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 [(1) Vattel L. (2), º 156. L. (4), º 77. 1. Mably
Droit D'Enrope, 86.]



Autobiography 85



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 nine
States, and incompetent ourselves to ratify; that it was but four 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 nine States were necessary to ratify
the treaty; that in the case of the Dutch ratification, Great 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 seven; that, if that
circumstance was kept back, it would be known hereafter, and 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 nine 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, though 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, and by Great Britain herself, if not



Jefferson's Works



determined to renew the war, and if so determined, she would never want
excuses, were this out of the way. Mr. Read gave notice, he should call for the
yeas and nays; whereon those in opposition, prepared a resolution, expressing
pointedly the reasons of their dissent from his motion. It appearing, however,
that his proposition could not be carried; it was thought better to make no
entry at all. Massachusetts alone would have been for it; Rhode Island,
Pennsylvania and Virginia against it, Delaware , Maryland and North Carolina,
would have been divided. . Our body was little numerous, but very contentious.
Day after day was wasted on the most unimportant questions. A member, one of
those afflicted with the morbid rage of debate, of an ardent mind, prompt
imagination, and copious flow of words, who heard with impatience any logic
which was not his own, sitting near me on some occasion of a trifling but wordy
debate, asked me 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 was 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; that 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



Autobiography 87



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 deliberate 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 one hundred and fifty lawyers, whose trade it is to question
everything, yield nothing, and talk by the hour ? That one hundred and fifty
lawyers should do business together, ought not to be expected. But to return
again to our subject. Those who thought seven States competent to the
ratification, being very restless under the loss of their motion, I proposed,
on the third of January, to meet them on middle ground, and therefore moved a
resolution, which premised, that there were but seven States present, who were
unanimous for the rati-



88 Jefferson's Works



fication, 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 seven States were competent, and
resolving that the 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 three months longer for exchange of ratifications; that
they should be informed, that so soon as nine States shall be present, a
ratification by nine 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 seven States in exchange, informing them
the treaty had come to hand while Congress was not in session; that but seven
States were as yet assembled, and these had unanimously concurred in the
ratification. This was debated on the third and fourth; and on the fifth, a
vessel being to sail for England, from this port (Annapolis), the House
directed the President to write to our ministers accordingly. January l4.
Delegates from Connecticut having attended yesterday, and another from South
Carolina coming in this day, the treaty was ratified without a dissenting voice
; and three instruments



Autobiography 89



of ratification were ordered to be made out, one of which was sent by Colonel
Harmer, another by Colonel Franks, and the third 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
independence, and of our reception into the fraternity of nations; which,
although 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 and 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, and Morocco. On the
7th of May Congress resolved that a Minister Plenipotentiary should be
appointed, in addition to Mr. Adams and Dr. Franklin, for negotiating treaties
of commerce with foreign nations, and I was



90 Jefferson's Works



elected to that duty. I accordingly left Annapolis on the llth, took with me my
eldest daughter, then at Philadelphia (the two others being too young for the
voyage), and proceeded to Boston, in quest of a passage. While passing through
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. 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 nineteen 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 3lst, left it on the 3d
of August, and arrived at Paris on the 6th. I called immediately on Dr.
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 coun-




Autobiography 91



try, 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. Mar bois' 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 two hundred copies printed,
under the title of " Notes on Virginia." I gave a very few copies to some
particular friends in Europe, and sent the rest to my friends in America. A
European copy, by the death of the owner, got into the hands of a bookseller,
who engaged its translation, and when ready for the press, communicated his
intentions and manuscript to me, suggesting that I should correct it, without
asking any other permission for the publication. 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,



92 Jefferson's Works



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, and our first employment was to
prepare a general form, to be proposed to such nations a s 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 Dr.
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 oú war, which
exposes merchant vessels to such vexatious and ruinous



Autobiography 93



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
and Tuscany, we protracted designedly, until our powers had expired; and
abstained



94 Jefferson's Works



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 amicissimce. Mr. Adams being appointed Minister
Plenipo tertiary of the United States, to London, left us in June, and in July,
1785, Dr. Franklin returned to America, and I was appointed his successor at
Paris. In February, 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. Colonel 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 oú 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 and myself. I
saw, at once, that the ulcerations of mind in that quarter, left nothing to be
expected on the subject of my attendance; and, on the first conference with the
Marquis of Caermarthen, the Minister for foreign affairs, the distance and
disinclination which he



Autobiography 95



betrayed in his conversation, the vagueness and 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 Project, Mr. Adams not despairing as much as I did,
of its 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, and arrived at Paris 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, and its fate was what he had candidly portended.



96 Jefferson's Works



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 and 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 and 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, practiced 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 ves-



Autobiography 97



sels 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 powers, who shall, at any future time, wish to accede to it; the parties
reserving the 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, and 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



VOL. 1-7

98 Jefferson's Works



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 circumstances may
render reasonable. . 6. "As miscarriages often proceed from the want of harmony
among officers of different nations, the parties shall now consider and 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 its neighborhood to the



Autobiography 99



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 Commissioners, 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 said 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 piratical States, if they refuse
to discontinue their piracies, 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 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 three millions of
dollars, and did not like to relinquish the benefit of that, until the other
party should fail in their observance oú it.



100 Jefferson's Works



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 and characters, from a predatory
to an agricultural people : towards which, however, it was expected they would
contribute a frigate, and its 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



Autobiography 101



by the several States, that they declined an engagement which they were
conscious they could not fulfil with punctuality; and so it fell through. (1)
In 1786, while at Paris, I became acquainted with John Ledyard, of Connecticut,
a man of genius, of some science, and of fearless courage and enterprise. He
had accompanied Captain Cook in his voyage to the Pacific, had distinguished
himself on several occasions by an unrivaled 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 through St. Petersburg
to Kamschatka, and procuring a passage thence in some oú the Russian vessels to
Nootka Sound, whence he might make his way across the continent to the United
States ; 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 through







        _______________



[(1) In the original MS., the paragraph ending "fell through " terminates page
81; between this page and the next, there is stitched in a leaf of old writing,
constituting a memorandum, whereof note G. in. the Appendix, is a copy.]



102 Jefferson's Works



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 Captain Lewis, prefixed to
his " Expedition to the Pacific," I stated that the Empress gave the permission
asked, and afterwards retracted it. This idea after a lapse of twenty-six
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 its practicability, and obtain her permission. He went accordingly,
but she was absent on a visit to some distant part of her dominions,(1) and he
pursued his course to within two hundred 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 through her
territories, this interesting enterprise. The pecuniary distresses of France
produced this year a measure of which there had been no example for nearly two
centuries, and the consequences of which, good and evil, are not yet
calculable. For its remote causes, we must go a little back.



         _______________



 [(1) The Crimea.]



Autobiography 103



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, than
others. They came back with new ideas and impressions. The press,
notwithstanding its shackles, began to disseminate them; conversation assumed
new freedoms; Politics became the theme of all societies, male and female, and
a very extensive and 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 leisure to think, the men oú
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
its most necessary functions were paralyzed. To reform



104 Jefferson's Works



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 control the
opposition of the Parliament, and to raise the annual revenue to the level of
expenditures. An Assembly of Notables therefore, about one hundred and fifty in
number, named by the King, convened on the 22d of February. The Minister
(Calonne) stated to them, that the annual excess of expenses beyond the
revenue, when Louis XVI. came to the throne, was thirty-seven millions of
livres; that four hundred and forty millions had been borrowed to re-establish
the navy; that the American war had cost them fourteen hundred and forty
millions (two hundred and fifty-six millions of dollars), and that the interest
of these sums, with other increased expenses, had added forty millions more to
the annual deficit. (But a subsequent and more candid estimate made it
fifty-six millions.) He proffered them a 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 acces-



Autobiography 105



sory, scarcely attracting attention. The persons chosen were the most able and
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 four members to the Bastile, of
whom the Marquis de La Fayette was one, to banish twenty others, and two 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 its 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 and external, and the establishment of Provincial Assemblies; which,
altogether, 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



106 Jefferson's Works



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, and partly an Executive Council to the
Intendant, to whom the Executive power, in his province, had been hereto- fore
entirely delegated. Chosen by the people, they would soften the execution of
hard laws, and, 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 Assembly 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, and 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, and the Count de Montmorin had been
named Minister of Foreign Affairs, in his place. Villedeuil succeeded Calonne;
as Comptroller General, and Lomenie de Bryenne, Archbishop of Thoulouse,
afterwards of Sens, and ultimately Cardinal Lomenie, was named Minister
principal, with whom the other Ministers were to transact the business of their
departments, heretofore done with the



Autobiography 107



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 and de Castries retired from the departments of War and 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. A dislocated wrist, unsuccessfuily 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 February,
and proceeded up the Seine, through Champagne and Burgundy, and down the Rhone
through 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 its 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 b Coni,
Turin, Vercelli, Novara, Milan, Pavia, Novi, Genoa. Thence, returning along the
coast of Savona, Noli, Albenga, Oneglia, Monaco, Nice, Antibes, Frejus, Aix,
Marseilles, Avignon, Nismes,



108 Jefferson's Works



Montpellier; Frontignan, Cette, Agde, and along the canal of Languedoc, by
Bezieres, Narbonne, Cascassonne, Castelnaudari, through the Souterrain of St.
Feriol, and back by Castelnaudari, to Toulouse thence to Montauban, and 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 Orleans, thence direct to Paris, where I arrived on the loth
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 and Captain General of the United
Netherlands, in the war which England waged against them, for entering into a
treaty of commerce with the United States, 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 and
played false into the hands of England 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



Autobiography 109



the Count 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 Monsieur le Comte de Vergennes 'a Monsieur le
Marquis de Verac, Ambassadeur de France a la Haye, du ier 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 Monsieur le Stadhoulder reprend son ancienne influence,
le systeme Anglois ne tardera pas de prevaloir, et que notre alliance
deviendroit un etre 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 decidee 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.



110 Jefferson's Works



II me reste, Monsieur, de vous parler de la surete personelle Des Patriotes.
Vous les assurcrez, 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 Monsieur le
Prince de Nassau croira courir quelque risque en provoquant le ressentiment de
sa Majeste. " (1) This letter was communicated by the Patriots to







        _______________



 [1 Extract from the despatch of the Count de Vergennes, to the Marquis de
Verac, Ambassador from France, at the Hague, dated March 1, 1786: "The King
will give his aid, as far as may be in his power, towards the success of the
affair, and will, on his part, invite the Patriots to communicate to him their
views, their plans, and their discontents. You may assure them that the King
takes a real interest in themselves as well as their cause, and that they may
rely upon his protection. On this they may place the greater dependence, as we
do not conceal, that if the Stadtholder resumes his former influence, the
English System will soon prevail, and our alliance become a mere affair of the
imagination. The Patriots will readily feel, that this position would be
incompatible both with the dignity and consideration of his Majesty: But in
ease the Chief oú the Patriots should have to fear a division, they would have
time sufficient to reclaim those whom the Anglomaniacs had missed, and to
prepare matters in such a manner, that the question when again agitated, might
be decided according to their wishes. In such a hypothetical case, the King
authorizes you to act in concert with them, to pursue the direction which they
may think proper to give you, and to employ every means to augment the number
of the partisans of the good cause. It remains for me to speak of the personal
security of the Patriots. You may assure them, that under every circumstance,
the King will take them under his immediate protection, and you will make known
wherever you may judge neces-



Autobiography 111



me, when at Amsterdam, in 1788, and a copy sent by me to Mr. Jay, in my letter
to him of March 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 Lord
Malmesbury, the Prince of Orange, a stupid man, and the Princess as much a man
as either of her colleagues, in audaciousness, in enterprise, and 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 and endangered in the
streets; the sanctuary of their houses was violated; and the Prince, whose
function and 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







        _______________



[sary, that his Majesty will regard as a personal offence every undertaking
against their liberty. It is to be presumed that this language energetically
maintained, may have some effect on the audacity of the Anglomaniacs, and that
the Prince de Nassau will feel that he runs some risk in provoking the
resentment of his Majesty."]



112 Jefferson's Works



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, and 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. He had never intended to break with
France in support of the Prince of Orange. During the illness of which he died,
he had, through 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, and very inconsiderate ; and the Princess, his
sister, although 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 twenty thousand men, and made
demonstrations of marching on Holland. The King of France hereupon declared, by
his Charge Des Affaires

Autobiography 113



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. In answer to this, Eden gave official information to Count Montmorin,
that England must consider as at an end its convention with France relative to
giving notice of its naval armaments, and that she was arming generally. War
being now imminent, Eden, since Lord Aukland, questioned me on the effect of
our treaty with France, in the case of a war, and what might be our
dispositions. I told him 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 West 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." Liston, at Madrid, about
the same time, made the same inquiries of Carmichael. The Government of France
then declared a determination to form a



VOL. 1-8



114 Jefferson's Works



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, and 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-inChief ; a Prince
without talents, without courage, and without principle. He might have held out
in Athrocyte for a considerable time, but he surrendered the place without
firing a gun, literally ran away and hid himself, so that for months it was not
known what had become of him. Arnsterdam 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 d Affaires of England at St. Petersburg, who
instantly notified his court, and gave the alarm to Prussid. The King saw at
once what



Autobiography 115



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, through the Duke 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 f or approbation. They were approved there,
reached Paris at one 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 enf ant, " 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'encouragoment to proceed. 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



116 Jefferson's Works



Sovereign. And this was effected by a mere scene of bullying and 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. Our first essay, in America, to
establish a federative government had fallen, on trial, very short of its
object. During the war of Independence, 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, and by its 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 its general objects, and more
especially in pecuniary and foreign 




Autobiography 117



concerns. The want, too, of a separation of the Legislative, Executive, and
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 its
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 and
general welfare. " This Convention met at Philadelphia on the 25th of May, '87.
It sat with closed doors, and kept all its proceedings secret, until its
dissolution on the 17th of September, when the results of its labors were
published all together. I received a copy, early in November, and read and
contemplated its 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 its 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, and 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,



118 Jefferson's Works



and most particularly to Mr. Madison and 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 nine States first acting should
accept it unconditionally, and thus secure what in it was good, and that the
four 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 and honest intentions of our citizens, would
make the alterations which should be deemed necessary. Accordingly, all
accepted, six without objection, and seven with recommendations of specified
amendments. Those respecting the press, religion, and 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 re-eligibility of
the President was not proposed. 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, and the Deys of Barbary. I had



Autobiography 119



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 seven years, and be ineligible afterwards. This term I thought
sufficient to enable him, with the concurrence of the Legislature, to carry
through and establish any system of improvement he should propose for the
general good. But the practice adopted, I think, is better, allowing his
continuance for eight 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 seven years, was the opinion of the Convention at an earlier
stage of its session, when it voted that term, by a majority. of eight against
two, and by a simple majority that he should be ineligible a second time. This
opinion 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; New York, by recommending
an amendment, that the President should not be eligible a third time, and
Virginia and North Carolina that he should not be capable of serving more than
eight, in any term of sixteen years ; and though this amendment has not been
made in form, yet practice seems to have established it. The example of four
Presidents voluntarily retiring at the end of their eighth



120 Jefferson's Works



year, and the progress of public opinion, that the principle is salutary, have
given it in practice the force of precedent and usage; insomuch, that, should a
President consent to be a candidate for a third 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 impos-



Autobiography 121



sible, where(1) any defence is made, before men of ordinary prejudices and
passions, that our Judges are effectually independent of the nation. But this
ought not to be. I would not, indeed, make them dependent 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
and impartial control; 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 f act, the corps of sappers and
miners, steadily working to undermine the







        _______________



[(1) In the impeachment of Judge Pickering, of New Hampshire, a habitual and
maniac drunkard, no defence was made. Had there been, the party vote of more
than one-third of the Senate would have acquitted him.]



122 Jefferson's Works



independent rights of the States, and 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 its local bounds; each county again into townships or
wards, to manage minuter details ; and every ward into farms, to be governed
each by its individual proprietor. Were we directed from Washington when to
sow, and 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 illintentioned error;
but honest error must be arrested, where its 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. Among the debilities of the
government of the



Autobiography 123



Confederation, no one was more distinguished or more distressing, than the
utter impossibility of obtaining, from the States, the moneys necessary for the
payment of debts, or even for the ordinary expenses of the government. Some
contributed a little, some less, and 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 and 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 United States,
was soon to return to America, and had referred our bankers to me for future
counsel, 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 its arrangements. Mr.
Adams had received his appointment to the court, of London, while engaged at
Paris, with Dr. Franklin and my



124 Jefferson's Works



self, 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, and 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 United States, 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
United States, and all future prospect of obtaining money there; that the loan
they had been authorized to open, of which a third only was filled, had 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 second 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 Rotter



Autobiography 125



dam, 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 United
States. We foresaw, that before the new government could be adopted, assembled,
establish its 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, and 'go, in order to place our
government at its 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 Florins. To meet this, the
bankers had in hand. . 79,268-2-8 and the unsold bonds would yield. . :.
542,800 622,068-2-8



 Leaving a deficit of. . . . . . . . . . . . . . . . . . 921,949-7-4 We
proposed then to borrow a million, yielding. . . . . 920,000



Which would leave a small deficiency of. . . . . . . 1,949-7-4 Mr. Adams
accordingly executed 1000 bonds, for l000 florins each, and deposited them in
the hands of our bankers, with instructions, however, not to issue them until
Congress should ratify the measure.



126 Jefferson's Works



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, and made an
excursion to Hanau, thence to Mayence, and another excursion to Rudesheim, and
Johansberg; then by Oppenheim, Worms, and Manheim, making an excursion to
Heidelberg, then by Spire, Carlsruh, Rastadt and Kelh, to Strasburg, where I
arrived April the l6th, and proceeded again on the l8th, by Phalsbourg,
Fenestrange, Dieuze, Moyenvie, Nancy, Toul, Ligny, Bar-le-duc, 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, 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



Autobiography 127



instructions to get those articles expunged, or modified so as tv render them
compatible with our laws. The Minister unwillingly released us from these
concessions, which, indeed, authorized the exercise of powers very offensive in
a free State. After much discussion, the Convention was reformed in a
considerable degree, and was signed by the Count Montmorin and myself, on the
l4th of November, '88; not, indeed, such as I would have wished, but such as
could be obtained with good humor and friendship. On my return from Holland, I
found Paris as I had left it, still in high fermentation. 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,
and at considerable intervals, 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 the inequality of their
distribution; the oppressions of the tithes, the tailles, the corvees, the
gabelles, the farms and the barriers; the shackles on commerce by monopolies;



128 Jefferson's Works



on industry by guilds and corporations; on the freedom of conscience, of
thought, and of speech; on the freedom of the press by the Censure; and of the
person by Lettres de Cachet ; the cruelty of the Criminal code generally; the
atrocities of the Rack; the venality of the Judges, and their partialities to
the rich ; the monopoly of Military honors by the Noblesse ; the enormous
expenses of the Queen, the Princes and the Court; the prodigalities of
pensions; and the riches, luxury, indolence and immorality of the Clergy.
Surely under such a mass of misrule and oppression, a people might justly press
for a thorough reformation, and might even dismount their rough-shod riders,
and leave them to walk on their own legs. The edicts, relative to the corvees
and free circulation of grain, were first presented to the Parliament and
registered; but those for the import territorial, and 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, began 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, November



Autobiography 129



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 and Provinces, the King gave way, and by an edict of July 5th, '88,
renounced his cour pleniere, and promised the States General f or 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 [September
'88] from the Ministry, and M. 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 ten or



VOL. I.-9



130 Jefferson's Works



twelve guard-houses, killed two or three of the guards, and lost six or eight
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. lst. What proportion shall the number of
deputies of the Tiers Etat bear to those of the Nobles and Clergy ? And 2d,
shall they sit in the same or in distinct apartments ? M. 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,
November 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 December 27th, '88. A Report of M. 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



Autobiography 131



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, although 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 and 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 its
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



132 Jefferson's Works



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 500 below the freezing point of Fahrenheit, and 22 degrees 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 its
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 relaxation 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



Autobiography 133



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 United States. Notice was accordingly given, and produced
considerable supplies. Subsequent information made the importations from
America; during the months of March, April and May, into the Atlantic ports of
France, amount to about twenty-one thousand 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 fifteen sous a day. Inflamed at once into



134 Jefferson's Works



rage, and without inquiring into its truth, they flew to his house in vast
numbers, destroyed everything in it, and in his magazines and 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 one hundred 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 contemporary with the
Revolution, although not produced by it. The States General were opened on the
5th of May, '89, by speeches from the King, the Garde des Sceaux, Lamoignnn,
and M. Necker. The last was thought to trip too lightly over the constitutional
refarmations 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, although
equivalent, on the whole, to what had been expected, was something different in
its elements. It had been



Autobiography 135



supposed, that a superior education would carry into the scale of the Commons a
respectable portion of the Noblosse. It did so as to those of Paris, of its
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
Seigniorial 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
turned out, 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 ten, twenty, or
thirty Louis a year ; while their superiors were consuming their princely
revenues in palaces of luxury and 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



136 Jefferson's Works



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, actuated by equal zeal. The debates of the Commons
were temperate, rational, and infiexibly 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 "Quest 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
Noblesse 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 l5th, that they should constitute
themselves a National Assembly; which was decided on the



Autobiograghy 137



l7th, 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. 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. 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 (the
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



138 Jefferson's Works



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 desperation. They
procured a committee to be held, consisting of the King and his Ministers, to
which Monsieur and the Count d'Artois should be admitted. At this committee,
the latter attacked M. Necker personally, arraigned his declaration, and
proposed one which some of his prompters had put into his hands. M. 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 M. Necker the next day. His
draught of a declaration was entirely broken up, and that of the Count d'Artois
inserted into it. Himself and Montmorin offered their resignation, which was
refused; the Count d'Artois saying to M. 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 No



Autobiography 139



blesse 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 insuring a general
reformation through 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 through 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 could
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 thirty years of war, foreign and domestic,
the loss of millions of lives, the prostration of private



140 Jefferson's Works



happiness, and the 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
independence, and even the existence, of other nations : that this would afford
a 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,
through 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 and
declaration. On his coming out, a feeble cry of "vive le Roi " was raised by
some children, but the people remained silent and sullen. To the close of his
speech, he had ordered that the members should follow him, and 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



Autobiography 141



" 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 M. 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 through the ' crowd to his carriage, and
into it, without being in the least noticed. As M.' Necker followed him,
universal acclamations were raised of " vive Monsieur Necker, vive le sauveur
de la France opprimee." He was conducted back to his house with the same
demonstrations of affection and anxiety. About two hundred 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 a 5th; forty-eight of the
Nobles joined the Tiers, and among them the Duke of Orleans. There were then
with them one hundred and sixty-four members of the Clergy, although the
minority of that body still sat apart, and called themselves the Chamber of the
Clergy. On the 26th, the Archbishop 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 soldiery, first of the French
guards, extended to those of every other



142 Jefferson's Works



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 soldiers 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 complete, 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. and hesitating, when notes from the Count 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 complete. 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; Organiza-



Autobiography 143



tion and Rights of the National Assembly ; Forms necessary for the enactment of
Laws; Organization and Functions of the Provincial and Municipal Assemblies;
Duties and Limits of the Judiciary power; Functions and 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 probably been 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



144 Jefferson's Works



guarded. At three o"clock in the afternoon of the llth of July, the Count de La
Luzerne was sent to notify M. Necker 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
till the next day (the 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 M. Necker; the
Marshal de Broglio, Minister of War, and Foulon under him, in the room of
Puy-Segur; the Duke de la Vauguyon, Minister of Foreign Affairs, instead of the
Count de Montmorin;de La Porte, Minister of Marine, in place of the Count 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 equal to the work now to be done. The King was now completely in the
hands of men, the principal among whom had been noted, through 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 one or two o'clock. In the afternoon,
a body of about one hundred German



Autobiography 145



cavalry were advanced, and drawn up in the Place Louis XV., and about two
hundred 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 through 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, and the Swiss in the 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, through all parts of
the city, without any decided object. The next day (the 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 offered to send a
deputation from their body to tranquillize them ; but their propositions were
re-

VOL 1,-10



146 Jefferson's Works



fused. A committee of magistrates and electors of the city were appointed by
those bodies, to take upon them its government. The people, now openly joined
by the French guards, forced the prison of St. Lazare, released all the
prisoners, and took a great store of corn, which they carried to the
cornmarket. Here they got some arms, and the French guards began to form and
train them. The city committee determined to raise forty-eight thousand
Bourgeoises, or rather to restrain their numbers to forty-eight thousand. On
the l4th, they sent one of their members (Monsieur de Corny) to the Hotel des
Invalides, to ask arms for their Garde Bourgeoises. 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 five thousand foreign troops, within four hundred 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



Autobiography 147



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, and
almost in an instant, were in possession of a fortification of infinite
strength, defended by one hundred men, 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 Lieutenant Governor, to the Place de Greve, (the place of
public execution,) cut off their heads, and sent them through 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 ani-



148 Jefferson's Works



mated detail of the disasters of the day in Paris. He went to bed fearfully
impressed. The decapitation of de Launay worked powerfully through 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 eleven o'clock,
accompanied only by his brothers, to the Assembly, and there read to them a
speech, in which he asked their interposition to re-establish order. Although
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 on foot, 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 Bourgeoises; and
Monsieur 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 M. Necker, to recall him, sent his letter
open to the Assembly, to be forwarded by them, and invited

Autobiography 149



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 Monte'sson, 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 centre; on
each side of it, the Assembly, in two ranks a foot ; at their head the Marquis
de La Fayette, as Commander-in-chief, on horseback, and Bourgeois guards before
and behind. About sixty thousand citizens, of all forms and conditions, armed
with the conquests 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 through which the procession passed, and with the crowds of people in
the streets, doors, and windows, saluted them everywhere with the cries of "
vive la nation," but not a single " vive le Roi " was heard. The King stopped
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 Roi et la nation." He



150 Jefferson's Works



was conducted by a garde Bourgeoises to his palace at Versailles, and 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 through which she has since passed, and to
Europe, and 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
its 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 its 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 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, 


Autobiography 151



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 and
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 constitution. 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 its 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 f or 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 generation 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



152 Jefferson's Works



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 its 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 Ceasar : 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 Coperlhagen; 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
controlling 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.



Autobiography 153



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 and 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 although differing in politics, they continued
firm in friendship, and Luzerne, although not an able man, was thought an
honest one. And the Prince of Bauvau was taken into the Council. Seven Prinees
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 August the 4th, 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 tithes and casuals of the
Clergy, all Provincial privileges, and, in fine, the Feudal regimen generally.
To the suppression of tithes, 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



154 Jefferson's Works



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 project " 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 20th, 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



Autobiography 155



be a King? met with no open opposition; and it was readily agreed, that the
government of France should be monarchical and 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,



156 Jefferson's Works



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 and 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 although 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 w ere 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, that the King should have a suspensive veto on the laws, that the
legislature should be composed of a single body only,



Autobiography 157



and that to be chosen by the people. This Concordate decided the f ate 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 doubts, 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

158 Jefferson's Works



Revolution. The minuteness with which I have so far given its 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 its history. The appeal to the
rights of man, which had been made in the United States, 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 its millions of human
victims; their own satellites will catch it, and the condition of man through
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 and consequences in this world, that a two-penny duty on
tea, unjustly imposed in a sequestered part of it, changes the condition of all
its 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, and more than all, of the Marquis Fayette, their head and Atlas, who
had no secrets from me, I learned with correctness the views and 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 its councils and
pro



Autobiography 159



ceedings, gave me a knowledge 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
and care of their friends, and to return for a short time to my station at
Paris. But the metamorphosis through which our government was then passing from
its Chrysalid to its Organic form suspended its 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 its pre-eminence of character among the nations of the earth. A more
benevolent people I have never known, nor greater warmth and 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,



160 Jefferson's Works



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 and sweetest affections and recollections of my life. Which would
be y our second choice ? France. On the 26th of September I left Paris for
Havre, where I was detained by contrary winds until the 8th of October. 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, General Washington, by express,
covering an appointment to be Secretary of State.(1) 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







        _______________



[1 See Appendix, note H.]



Autobiography 161



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 December l5th, 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
December, 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, and the most dignified in his own
State. I left Monticello on the first 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



VOL. 1-11



162 Jefferson's Works



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
learned 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 Doctor 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 l7th 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,



Autobiography 163



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 Lord Howe
and his sister, who, I believe, was called Lady Howe, but I may misremember her
title. Lord 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 from one to the other,
backwards and forwards, the several propositions and answers which passed, and
seconded with their own intercessions, the importance of mutual sacrifices, to
preserve the peace and connection of the two countries. I remember that Lord
North's answers were dry,



 164 Jefferson's Works



unyielding, in the spirit of unconditional submission and betrayed an absolute
indifference to the occurrence of a rupture ; and he said to the mediators
distinctly, at last, that " a rebellion was not to be deprecated on the part of
Great Britain; that the confiscations it would produce would provide for many
of their friends. " This expression was reported by the mediators to Dr.
Franklin, and indicated so cool and calculated a purpose in the Ministry, as to
render compromise hopeless, and the negotiation was discontinued. If this is
not among the papers published, we ask, what has become of it ? I delivered it
with my own hands, into those of Temple Franklin. It certainly established
views sa atrocious in the British government, that its suppression would, to
them, be worth a great price. But could the grandson of Dr. Franklin be, in
such degree, an accomplice in the parricide of the memory of his immortal
grandfather? The suspension for more than twenty years of the general
publication, bequeathed and confided to him, produced, for awhile, hard
suspicions against him; and if, at last all are not published, a part of these
suspicions may remain with some. I arrived at New York on the 21st of March,
where Congress was in session. 


APPENDIX.



 [NOTE A.)



LETTER TO JOHN SAUNDERSON, ESQ.



MONTICELLO, August 31, 1520. SIR, Your letter of the 19th was received in due
time, and I wish it were in my power to furnish you more fully, than in the
enclosed paper, with materials for the biography of George Wythe; but I possess
none in writing, am very distant from the place of his birth and early life,
and know not a single person in that quarter from whom inquiry could be made,
with the expectation of collecting anything material. Add to this, that feeble
health disables me, almost, from writing; and entirely from the labor of going
into difficult research. I became acquainted with Mr. Wythe when he was about
thirty-five years of age. He directed my studies in the law, led me into
business, and continued, until death, my most affectionate friend. A close
intimacy with him, during that period of forty odd years, the most important of
his life, enables. me to state its leading facts, which, being of my own
knowledge, I vouch their truth. Of what precedes that period, I speak from
hearsay only, in which there may be error, but of little account, as the
character of the facts will themselves manifest. In the epoch of his birth, I
may (165)



166 Jefferson's Works



err a little, stating that from the recollection of a particular incident" the
date of which, within a year or two, I do not distinctly remember. These scanty
outlines you will be able, I hope, to fill up from other information, and they
may serve you, sometimes, as landmarks to distinguish truth from error, in what
you hear from others. The exalted virtue of the man will also be a polar star
to guide you in all matters which may touch that element of his character. But
on that you will receive imputation from no man; for, as far as I know, he
never had an enemy. Little as I am able to contribute to the just reputation of
this excellent man, it is the act of my life most gratifying to my heart; and
leaves me only to regret that a waning memory can do no more. Of Mr. Hancock I
can say nothing, having known him only in the chair of Congress. Having myself
been the youngest man but one in that body, the disparity of age prevented any
particular intimacy. But of him there can be no difficulty in obtaining full
information in the North. . I salute you, Sir, with sentiments of great
respect, TH. JEFFERSON.



NOTES FOR THE BIOGRAPHY OF GEORGE WYTHE. George Wythe was born about the year
l727, or 1728, of a respectable family in the County of Elizabeth City, on the
shores of the Chesapeake. He inherited, from his father, a fortune sufficient
for independence and ease. He had not the benefit of a



Appendix 167



regular education in the schools, but acquired a good one of himself, and
without assistance; insomuch, as to become the best Latin and Greek scholar in
the State. It is said, that while reading the Greek Testament, his mother held
an English one, to aid him in rendering the Greek text conformably with that.
He also acquired, by his own reading, a good knowledge of Mathematics, and of
Natural and Moral Philosophy. He engaged in the study of the law under the
direction of a Mr. Lewis, of that profession, and went early to the bar of the
General Court, then occupied by men of great ability, learning, and dignity in
their profession. He soon became eminent among them, and, in process of time,
the first at the bar, taking into consideration his superior learning, correct
elocution, and logical style of reasoning; for in pleading he never indulged
himself with an useless or declamatory thought or word; and became as
distinguished by correctness and purity of conduct in his profession, as he was
by his industry and fidelity to those who employed him. He was early elected to
the House of Representatives, then called the House of Burgesses, and continued
in it until the Revolution. On the first dawn of that, instead of haggling on
half-way principles, as others did who feared to follow their reason, he took
his stand on the solid ground that the only link of political union between us
and Great Britain, was the identity of our Executive ; that that nation and its
Parliament had no more authority over us,



168 Jefferson's Works



than we had over them, and that we were co-ordinate nations with Great Britain
and Hanover. In 1774, he was a member of a Committee of the House of Burgesses,
appointed to prepare a Petition to the King, a Memorial to the House of Lords,
and a Remonstrance to the House of Commons, on the subject of the proposed
Stamp Act. He was made draughtsman of the last, and, following his own
principles, he so far over went the timid hesitations of his colleagues, that
his draught was subjected by them to material modifications; and, when the
famous Resolutions of Mr. Henry, in 1775, were proposed, it was not on any
difference of principle that they were opposed by Wythe, Randolph, Pendleton,
Nicholas, Bland, and other worthies, who had long been the habitual leaders of
the House ; but because those papers of the preceding session had already
expressed the same sentiments and assertions of right, and that an answer to
them was yet to be expected. In August, 1775, he. was appointed a member of
Congress, and in 1776, signed the Declaration of Independence, of which he had,
in debate, been an eminent supporter. And subsequently, in the same year, he
was appointed, by the Legislature of Virginia, one of a Committee to revise the
laws of the State, as well of British as of Colonial enactment, and to prepare
bills for re-enacting them, with such alterations as the change in the form and
principles of the government, and other circumstances, re



Appendix 169



quired; and of this work, he executed the period commencing with the revolution
in England, and ending with the establishment of the new government here ;
excepting the Acts for regulating descents, for religious freedom, and for
proportioning crimes and punishments. In 1777, he was chosen Speaker of the
House of Delegates, being of distinguished learning in Parliamentary law and
proceedings ; and towards the end of the same year, he was appointed one of the
three Chancellors, to whom that department of the Judiciary was confided, on
the first organization of the new government. On a subsequent change of the
form of that court, he was appointed sole Chancellor, in which office he
continued to act until his death, which happened in June, 1806, about the
seventy-eighth or seventy ninth year of his age. Mr. Wythe had been twice
married : first, I believe, to a daughter of Mr. Lewis, with whom he had
studied law, and afterwards to a Miss Taliaferro, of a wealthy and respectable
family in the neighborhood of Williamsburg; by neither of whom did he leave
issue. No man ever left behind him a character more venerated than George
Wythe. His virtue was of the purest tint; his integrity inflexible, and his
justice exact; of warm patriotism, and, devoted as he was to liberty, and the
natural and equal rights of man, he might truly be called the Cato of his
country, without the avarice of the Roman; for a



170 Jefferson's Works



more disinterested person never lived. Temperance and regularity in all his
habits, gave him general good health, and his unaffected modesty and suavity Of
manners endeared him to every one. He was of easy elocution, his language
chaste, methodical in the arrangement of his matter, learned and logical in the
use of it, and of great urbanity in debate; not quick of apprehension, but,
with a little time, profound in penetration, and sound in conclusion. In his
philosophy he was firm, and neither troubling, nor perhaps trusting, any one
with his religious creed, he left the world to the conclusion, that that
religion must be good which could produce a life of such exemplary virtue. His
stature was of the middle size, well formed and proportioned, and the features
of his face were manly, comely, and engaging. Such was George Wythe, the honor
of his own, and the model of future times.







[NOTE B.]



 LETTER TO SAMUEL A. WELLS, ESQ.



MONTICELLO, May 12, 1819, SIR, An absence of some time at an occasional and
distant residence, must apologize for the delay in acknowledging the receipt of
your favor of April 12; and, candor obliges me to add, that it has been
somewhat extended by an aversion to writing, as well as



Appendix 171



to calls on my memory for facts so much obliterated from it by time, as to
lessen my own confidence in the traces which seem to remain. One of the
inquiries in your letter, however, may be answered without an appeal to the
memory. It is that respecting the question, whether committees of
correspondence originated in Virginia, or Massachusetts? on which you suppose
me to have claimed it for Virginia; but certainly I have never made such a
claim. The idea, I suppose, has been taken up from what is said in Wirt's
history of Mr. Henry, page 87, and from an inexact attention to its precise
terms. It is there said, " this House (of Burgesses, of Virginia) had the merit
of originating that powerful engine of resistance, corresponding committees
between the legislatures of the different colonies. " That the fact as here
expressed, is true, your letter bears witness, when it says, that the
resolutions of Virginia, for this purpose, were transmitted to the speakers of
the different assemblies, and by that of Massachusetts, was laid, at the next
session, before that body, who appointed a committee for the specified object :
adding, " thus, in Massachusetts, there were two committees of correspondence,
one chosen by the people; the other appointed by the House of Assembly; in the
former, Massachusetts preceded Virginia; in the latter, Virginia preceded
Massachusetts." To the origination of committees for the interior
correspondence between the counties and towns of a State, I know of no claim on
the Part of Virginia ; and cer-



172 Jefferson's Works



tainly none was ever made by myself. I perceive, however, one error, into which
memory had led me. Our committee for national correspondence, was appointed in
March, '73; and I well remember, that going to Williamsburg, in the month of
June following, Peyton Randolph, our Chairman, told me that messengers bearing
despatches between the two States, had crossed each other by the way, that of
Virginia carrying our propositions for a committee of national correspondence,
and that of Massachusetts, bringing, as my memory suggested, a similar
proposition. But here I must have misremembered; and the resolutions brought us
from Massachusetts, were probably those you mention of the town-meeting of
Boston, on the motion of Mr. Samuel Adams appointing a committee " to state the
rights of the colonists, and of that province in particular, and the
infringements of them; to communicate them to the several towns, as the sense
of the town of Boston, and to request, of each town, a free communication of
its sentiments on the subject." I suppose, therefore that these resolutions
were not received, as you think, while the House of Burgesses was in session in
March, 1773, but a few days after we rose, and were probably what was sent by
the messenger, who crossed nurs by the way. They may, however, have been still
different. I must, therefore, have been mistaken in supposing, and stating to
Mr. Wirt, that the proposition of a committee for national correspondence, was
nearly simultaneous in Virginia and Massachusetts.



Appendix 173



A similar misapprehension of another passage in Mr. Wirt's book, for which I am
also quoted, has produced a similar reclamation on the part of Massachusetts,
by some of her most distinguished and estimable citizens. I had been applied to
by Mr. Wirt, for such facts respecting Mr. Henry, as my intimacy with him, and
participation in the transactions of the day, might have placed within my
knowledge. I accordingly committed them to paper ; and Virginia being the
theatre of his action, was the only subject within my contemplation. While
speaking of him, of the resolutions and measures here, in which he had the
acknowledged lead, I used the expression, that " Mr. Henry certainly gave the
first impulse to the ball of revolution." [Wirt, page 41.] The expression is
indeed general, and in all its extension, would comprehend all the sister
States ; but indulgent' construction would restrain it, as was really meant, to
the subject matter under contemplation, which was Virginia alone ; according to
the rule of the lawyers, and a fair canon of general criticism, that every
expression should be construed secundum subjectam materiam. Where the first
attack was made, there must have been of course, the first act of resistance,
and that was in Massachusetts. Our first overt act of war, was Mr. Henry's
embodying a force of militia from several counties, regularly armed and
organized, marching them in military array, and making reprisal on the King's
treasury at the seat of government, for the public powder taken away by



174 Jefferson's Works



his Governor. This was on the last days of April 1775. Your formal battle of
Lexington, was ten or twelve days before that, and greatly overshadowed in
importance, as it preceded in time, our little affray, which merely amounted to
a levying of arms against the King; and very possibly, you had had military
affrays before the regular battle of Lexington. These explanations will, I
hope, assure you, Sir, that so far as either facts or opinions have been truly
quoted from me, they have never been meant to intercept the just fame of
Massachusetts, for the promptitude and perseverance of her early resistance. We
willingly cede to her the laud of having been (although not exclusively) " the
cradle of sound principles," and, if some of us believe she has deflected from
them in her course, we retain full confidence in her ultimate return to them. I
will now proceed to your quotation from Mr. Galloway's statement of what passed
in Congress, on their Declaration of Independence; in which statement there is
not one word of truth, and where bearing some resemblance to truth, it is an
entire perversion of it. I do not charge this on Mr. Galloway himself ; his
desertion having taken place long before these measures, he doubtless received
his information from some of the loyal friends whom he left behind him. But as
yourself, as well as others, appear embarrassed by inconsistent accounts of the
proceedings on that memorable occasion, and as those who have endeavored to
restore the truth, have



Appendix 175



themselves committed some errors, I will give you some extracts from a written
document on that subject; for the truth of which I pledge myself to heaven and
earth; having, while the question of Independence was under consideration
before Congress, taken' written notes, in my seat, of what was passing, and
reduced them to form on the final conclusion. I have now before me that paper,
from which the following are extracts. "Friday, June 7th, 1776. The delegates
from Virginia moved, in obedience to instructions from their constituents, that
the Congress should declare that these United Colonies are, and of right ought
to be, free and independent States; that they are absolved from all allegiance
to the British crown, and that all political connection between them and the
State of Great Britain is, and 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 8th. 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 in debating on the
subject.



" It appearing in the course of these debates, that the colonies of New York,
New Jersey, Pennsylvania,



176 Jefferson's Works



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 lst. But that this might occasion as little delay as possible,
a Committee was appointed to prepare a Declaration of Independence. The
Committee were John Adams, Dr. Franklin, Roger Sherman, Robert R. Livingston
and myself. This was reported 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 Committee of the whole, and 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 New
Hampshire, Connecticut, Massachusetts, Rhode Island, New Jersey, Maryland,
Virginia, North Carolina and Georgia. South Carolina and Pennsylvania voted
against it. Delaware had but two members present, and they were divided. The
delegates from New York declared they were for it themselves, and 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,



Appendix 177



which was given them. The Committee rose, and reported their resolutions to the
House. Mr. Rutledge, of South Carolina, then requested the determination might
be put off to the next day, as he believed his colleagues, though 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 South 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
favor of the resolution. Members of a different sentiment attending that
morning from Pennsylvania also, her vote was changed ; so that the whole twelve
colonies, who were authorized to vote at all, gave their votes for it; and
within a few days [July 9th) the convention of New York approved of it, and
this supplied the void occasioned by the withdrawing of their delegates from
the vote." (Be careful to observe, that this vacillation and vote were on the
original motion of the 7th of June, by the Virginia delegates, that Congress
should declare the colonies independent.) "Congress proceeded, the same day, to
consider the Declaration of Independence, which had been reported and laid on
the table the Friday preceding, and on Monday, referred to a Committee of the
whole. The pusillanimous idea, that we had friends in England worth keeping
terms with, still haunted



Vol 1-12



178 Jefferson's Works



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
debates having taken up the greater parts of the second, third and fourth days
of July, were, in the evening of the last, closed; the Declaration was reported
by the Committee, agreed to by the House, and signed by every member present
except Mr. Dickinson." So far my notes. Governor M'Kean, in his letter to
McCorkle of July l6th,1817, has thrown some lights on the transactions of that
day; but, trusting to his memory chiefly, at an age when our memories are not
to be trusted, he has confounded two questions, and ascribed proceedings to one
which belonged to the other. These two questions were; 1st, the Virginia motion
of June the 7th, to declare Independence; and 2d, the actual Declaration, its
matter and form. Thus he states the question on the Declaration itself, as
decided on the 1st of July; but it was the Virginia motion which was voted on
that day in committee of the whole ; South Carolina, as well as Pennsylvania,
then voting against it. But the ultimate decision in the House, on the report
of the Committee, being, by request, postponed to the next morning all the
States voted for it, except New York, whose vote was delayed for the reason
before stated. It was not till the 2d of July, that the Declaration itself was
taken up ; nor till the 4th, that it was decided, and it was signed by every
member present, except Mr. Dickinson.



Appendix T 179



The subsequent signatures of members who were not then present, and some of
them not yet in office, is easily explained, if we observe who they were; to
wit, that they were of New York and Pennsylvania. New York did not sign till
the l5th, because it was not till the 8th (five days after the general
signature), that their Convention authorized them to do so. The Convention of
Pennsylvania, learning that it had been signed by a minority only of their
delegates, named a new delegation on the 20th, leaving out Mr. Dickinson, who
had refused to sign, Willing and Humphreys who had withdrawn, re-appointing the
three members who had signed, Morris, who had not been present, and five new
ones, to wit, Rush, Clymer, Smith, Taylor and Ross : and Morris, and the five
new members were permitted to sign, because it manifested the assent of their
full delegation, and the express will of their Convention, which might have
been doubted on the former signature of a minority only. Why the signature of
Thornton, of New Hampshire, was pennitted so late as the 4th of November, I
cannot now say; but undoubtedly for some particular reason, which we should
find to have been good, had it been expressed. These were the only
post-signers, and you see, Sir, that there were solid reasons for receiving
those of New York and' Pennsylvania, and that this circumstance in no wise
affects the faith of this Declaratory Charter of our rights, and of the rights
of man. With a view to correct errors of fact before they



Jefferson's Works



become inveterate by repetition, I have stated what I find essentially material
in my papers, but with that brevity, which the labor of writing constrains me
to use. On the four particular articles of enquiry in your letter, respecting
your grandfather, the venerable Samuel Adams, neither memory nor memorandums
enable me to give any information. I can say that he was truly a great man,
wise in council, fertile in resources, immoveable in his purposes, and had, I
think, a greater share than any other member, in advising and directing our
measures, in the Northern war. As a speaker, he could not be compared with his
living colleague and namesake, whose deep conceptions, nervous style, and
undaunted firmness made him truly our bulwark in debate. But Mr. Samuel Adams,
although not of fluent elocution, was so rigorously logical, so clear in his
views, abundant in good sense, and master always of his subject, that he
commanded the most profound attention, whenever he rose in an assembly, by
which the froth of declamation was heard with the most sovereign contempt. I
sincerely rejoice, that the record of his worth is to be undertaken by one so
much disposed as you will be, to hand him down fairly to that posterity for
whose liberty and happiness he was so zealous a laborer. With sentiments of
sincere veneration for his memory, accept yourself this tribute to it, with the
assurance of my great respect.



Appendix 181



P. S. August 6th, 1822. Since the date of this letter, to-wit, this day, August
6, '22, I have received the new publication of the Secret Journals of Congress,
wherein is stated a resolution of July 19th 1776, that the Declaration passed
on the 4th, be fairly engrossed on parchment, and when engrossed, be signed by
every member; and another of August 2nd, that being engrossed and compared at
the table, it was signed by the members ; that is to say, the copy engrossed on
parchment (for durability) was signed by the members, after being compared at
the table, with the original one signed on paper as before stated. I add this
P. S. to the copy of my letter to Mr. Wells, to prevent confounding the
signature of the original with that of the copy engrossed on parchment.







[NOTE]



On the instructions given to the first delegation of Virginia to Congress, in
August, 1774.



The Legislature of Virginia happened to be in session, in Williamsburg, when
news was received of the passage, by the British Parliament, of the Boston Port
Bill, which was to take effect on the first day of June then ensuing. The House
of Burgesses, thereupon, passed a resolution, recommending to their
fellow-citizens, that that day should be set apart for fasting and prayer to
the Supreme Being, imploring



182 Jefferson's Works



him to avert the calamities then threatening us, and to give us one heart and
one mind to oppose every invasion of our liberties. The next day, May the 20th,
1774, the Governor dissolved us. We immediately repaired to a room in the
Raleigh tavern, about one hundred paces distant from the Capitol, formed
ourselves into a meeting, Peyton Randolph in the chair, and came to
resolutions, declaring, that an attack on one colony, to enforce arbitrary
acts, ought to be considered as an attack on all, and to be opposed by the
united wisdom of all. We, therefore, appointed a Committee of correspondence,
to address letters to the Speakers of the several Houses of Representatives of
the colonies, proposing the appointment of deputies from each, to meet annually
in a General Congress, to deliberate on their common interests, and on the
measures to be pursued in common. The members then separated to their several
homes, except those of the Committee, who met the next day, prepared letters
according to instructions, and despatched them by messengers express, to their
several destinations. It had been agreed, also, by the meeting, that the
Burgesses, who should be elected under the writs then issuing, should be
requested to meet in Convention, on a certain day in August, to learn the
results of these letters, and to appoint delegates to a Congress, should that
measure be approved by the other colonies. At the election, the people
re-elected every man of the former Assembly, as a proof of their approbation of
what they had



Appendix 183



done. Before I left home, to attend the Convention, I prepared what I thought
might be given, in instruction, to the Delegates who should be appointed to
attend the General Congress proposed. They were drawn in haste, with a number
of blanks, with some uncertainties and inaccuracies of historical facts, which
I neglected at the moment, knowing they could be readily corrected at the
meeting. I set out on my journey, but was taken sick on the road, and was
unable to proceed. I therefore sent on, by express, two copies, one under cover
to Patrick Henry, the other to Peyton Randolph, who I knew would be in the
chair of the Convention. Of the former, no more was ever heard or known. Mr.
Henry probably thought it too bold, as a first measure, as the majority of the
members did. On the other copy being laid on the table of the Convention, by
Peyton Randolph, as the proposition of a member, who was prevented from
attendance by sickness on the road, tamer sentiments were preferred, and, I
believe, wisely preferred; the leap I proposed being too long, as yet, for the
mass of our citizens. The distance between these, and the instructions actually
adopted, is of some curiosity, however, as it shows the inequality of pace with
which we moved, and the prudence required to keep front and rear together. My
creed had been formed on unsheathing the sword at Lexington. They printed the
paper, however, and gave it the title of `A summary view of the rights of
British America.' In this form it got to London, where the



Jefferson's Works



opposition took it up, shaped it to opposition views, and, in that form, it ran
rapidly through several editions. Mr. Marshall, in his history of General
Washington, chapter 3, speaking of this proposition for Committees of
correspondence and for a General Congress says, this measure had already been
proposed in town meeting, in Boston,' and some pages before, he had said, that
` at a session of the General Court of Massachusetts, in September, 1770, that
Court, in pursuance of a favorite idea of uniting all the colonies in one
system of measures, elected a Committee of correspondence, to communicate with
such Committees as might be appointed by the other colonies.' This is an error.
The Committees of correspondence, elected by Massachusetts, were expressly for
a correspondence among the several towns of that province only. Besides the
text of their proceedings, his own note X, proves this. The first proposition
for a general correspondence between the several states, and for a General
Congress, was made by our meeting of May, 1774. Botta, copying Marshall, has
repeated his error, and so it will be handed on from copyist to copyist, ad
infinitum. Here follows my proposition, and the more prudent one which was
adopted. Resolved, That it be an instruction to the said deputies, when
assembled in General Congress, with the deputies from the other states of
British America, to propose to the said Congress, that an humble and dutiful
address be presented to his Majesty, begging



Appendix 185



leave to lay before him, as Chief Magistrate of the British empire, the united
complaints of his Majesty's subjects in America; complaints which are excited
by many unwarrantable encroachments and usurpations, attempted to be made by
the legislature of one part of the empire, upon the rights which God, and the
laws, have. given equally and independently to all. To represent to his Majesty
that these, his States, have often individually made humble application to his
imperial Throne, to obtain, through its intervention, some redress of their
injured rights; to none of which, was ever even an answer condescended. Humbly
to hope that this, their joint address, penned in the language of truth, and
divested of those expressions of servility, which would persuade his Majesty
that we are asking favors, and not rights, shall obtain from his Majesty a more
respectful acceptance; and this his Majesty will think we have reason to
expect, when he reflects that he is no more than the chief officer of the
people, appointed by the laws, and circumscribed with definite powers, to
assist in working the great machine of government, erected for their use, and,
consequently, subject to their superintendence; and, in order that these, our
rights, as well as the invasions of them, may be laid more fully before his
Majesty, to take a view of them, from the origin and first settlement of these
countries. To remind him that our ancestors, before their emigration to
America, were the free inhabitants of



186 Jefferson's Works



the British dominions in Europe, and possessed a right, which nature has given
to all men, of departing from the country in which chance, not choice, has
placed them, of going in quest of new habitations, and of there establishing
new societies, under such laws and regulations as, to them, shall seem most
likely to promote public happiness. That their Saxon ancestors had, under this
universal law, in like manner, left their native wilds and woods in the North
of Europe, had possessed themselves of the Island of Britain, then less charged
with inhabitants, and had established there that system of laws which has so
long been the glory and protection of that country. Nor was ever any claim of
superiority or dependence asserted over them, by that mother country from which
they had migrated: and were such a claim made, it is believed his Majesty's
subjects in Great Britain have too firm a feeling of the rights derived to them
from their ancestors, to bow down the sovereignty of their state before such
visionary pretensions. And it is thought that no circumstance has occurred to
distinguish, materially, the British from the Saxon emigration. America was
conquered, and her settlements made and firmly established, at the expense of
individuals, and not of the British public. Their own blood was spilt in
acquiring lands for their settlement, their own fortunes expended in making
that settlement effectual. For themselves they fought, for themselves they
conquered, and for themselves alone they have



Appendix 187



right to hold. No shilling was ever issued from the public treasures of his
Majesty, or his ancestors, for their assistance, till of very late times, after
the colonies had become established on a firm and permanent footing. That then,
indeed, having become valuable to Great Britain for her commercial purposes,
his Parliament was pleased to lend them assistance against an enemy who would
fain have drawn to herself the benefits of their commerce, to the great
aggrandizement of herself, and danger of Great Britain. Such assistance, and in
such circumstances, they had often before given to Portugal and other allied
states, with whom they carry on a commercial intercourse. Yet these states
never supposed, that by calling in her aid, they thereby submitted themselves
to her sovereignty. Had such terms been proposed, they would have rejected them
with disdain, and trusted for better, to the moderation of their enemies, or to
a vigorous exertion of their own force. We do not, however, mean to underrate
those aids, which, to us, were doubtless valuable, on whatever principles
granted: but we would shew that they cannot give a title to that authority
which the British Parliament would arrogate over us; and that may amply be
repaid by our giving to the inhabitants of Great Britain such exclusive
privileges in trade as may be advantageous to them, and, at the same time, not
too restrictive to ourselves. That settlement having been thus effected in the
wilds of America, the emigrants thought proper to adopt that system of laws,



188 Jefferson's Works



under which they had hitherto lived in the mother country, and to continue
their union with her, by submitting themselves to the same common sovereign,
who was thereby made the central link, connecting the several parts of the
empire thus newly multiplied. But that not long were they permitted, however
far they thought themselves removed from the hand of oppression, to hold
undisturbed the rights thus acquired at the hazard of their lives and loss of
their fortunes. A family of Princes was then on the British throne, whose
treasonable crimes against their people, brought on them, afterwards, the
exertion of those sacred and sovereign rights of punishment,' reserved in the
hands of the people for cases of extreme necessity, and judged by the
constitution unsafe to be delegated to any other judicature. While every day
brought forth some new and unjustifiable exertion of power over their subjects
on that side of the water, it was not to be expected that those here, much less
able at that time to oppose the designs of despotism, should be exempted from
injury. Accordingly, this country which had been acquired by the lives, the
labors, and fortunes of individual adventurers, was by these Princes, several
times, parted out and distributed among the favorites and followers of their
fortunes; and, by an assumed right of the Crown alone, were erected into
distinct and independent governments ; a measure, which it is believed, his
Majesty's prudence and



Appendix 189



understanding would prevent him from imitating at this day ; as no exercise of
such power, of dividing and dismembering a country, has ever occurred in his
Majesty's realm of England, though now of very ancient standing; nor could it
be justified or acquiesced under there, or in any part of his Majesty's empire.
That the exercise of a free trade with all parts of the world, possessed by the
American colonists, as of natural right, and which no law of their own had
taken away or abridged, was next the object of unjust encroachment. Some of the
colonies having thought proper to continue the administration of their
government in the name and under the authority of his Majesty, King Charles the
first, whom, notwithstanding his late deposition by the Commonwealth of
England, they continued in the sovereignty of their State, the Parliament, for
the Commonwealth, took the same in high offence, and assumed upon themselves
the power of prohibiting their trade with all other parts of the world, except
the Island of Great Britain. This arbitrary act, however, they soon recalled,
and by solemn treaty entered into on the 12th day of March, 1651, between the
said Commonwealth, by their Commissioners, and the colony of Virginia, by their
House of Burgesses, it was expressly stipulated by the eighth article of the
said treaty, that they should have `free trade as the people of England do
enjoy to all places and with all nations, according to the laws



190 Jefferson's Works



of that Commonwealth.' But that, upon the restoration of his Majesty, King
Charles the second, their rights of free commerce fell once more a victim to
arbitrary power ; and by several acts of his reign, as well as of some of his
successors, the trade of the colonies was laid under such restrictions, as show
what hopes they might form from the justice of a British Parliament, were its
uncontrolled power admitted over these States.(l) History has informed us, that
bodies of men as well as of individuals, are susceptible of the spirit of
tyranny. A view of these acts of Parliament for regulation, as it has been
affectedly called, of the American trade, if all other evidences were removed
out of the case, would undeniably evince the truth of this observation. Besides
the duties they impose on our articles of export and import, they prohibit our
going to any markets Northward of Cape Finisterra, in the kingdom of Spain, for
the sale of commodities which Great Britain will not take from us, and for the
purchase of others, with which she cannot supply us ; and that, for no other
than the arbitrary purpose of purchasing for themselves, by a sacrifice of our
rights and interests, certain privileges in their cominerce with an allied
state, who, in confidence, that their exclusive trade wrth America will be
continued, while the principles and power of the British Parliament be the
same, have indulged themselves



         _______________



(1) 12. C. 18 I5. c. 2. c. 11. 25. c. 2. c. 7. 7. 8. W, M. c. 22. 11 W. 34.
Anne, 6. C. 2. c. 13.



Appendix 191



in every exorbitance which their avarice could dictate or our necessity extort
: have raised their commodities called for in America, to the double and treble
of what they sold for, before such exclusive privileges were given them, and of
what better commodities of the same kind would cost us elsewhere; and, at the
same time, give us much less for what we carry thither, than might be had at
more convenient ports. That these acts prohibit us from carrying, in quest of
other purchasers, the surplus of our tobaccos, remaining after the consumption
of Great Britain is supplied : so that we must leave them with the British
merchant, for whatever he will please to allow us, to be by him re-shipped to
foreign markets, where he will reap the benefits of making sale of them for
full value. That, to heighten still the idea of Parliamentary justice, and to
show with what moderation they are like to exercise power, where themselves are
to feel no part of its weight, we take leave to mention to his Majesty, certain
other acts of the British Parliament, by which they would prohibit us from
manufacturing, for our own use, the articles we raise on our own lands, with
our own labor. By an act passed in the fifth year of the reign of his late
Majesty, King George the second, an American subject is forbidden to make a hat
for himself, of the fur which he has taken, perhaps, on his own soil ; an
instance of despotism, to which no parallel can be produced in the most
arbitrary ages of British history. By



192 Jefferson's Works



one other act, passed in the twenty-third year of the same reign, the iron
which we make, we are forbidden to manufacture; and, heavy as that article is,
and necessary in every branch of husbandry, besides commission and insurance,
we are to pay freight for it to Great Britain, and freight for it back again,
for the purpose of supporting, not men, but machines, in the island of Great
Britain. In the same spirit of equal and impartial legislation, is to be viewed
the act of Parliament, passed in the f fth year of the same reign, by which
American lands are made subject to the demands of British creditors, while
their own lands were still continued unanswerable for their debts; from which,
one of these conclusions must necessarily follow, either that justice is not
the same thing in America as in Britain, or else, that the British Parliament
pay less regard to it here than there. But, that we do not point out to his
Majesty the injustice of these acts, with intent to rest on that principle the
cause of their nullity ; but to show that experience confirms the propriety of
those political principles, which exempt us from the jurisdiction of the
British Parliament. The true ground on which we declare these acts void, is,
that the British Parliament has no right to exercise authority over us. That
these exercises of usurped power have not been confined to instances alone, in
which themselves were interested ; but they have also intermeddled with the
regulation of the internal affairs



Appendix 193



of the colonies. The act of the 9th of Anne for establishing a post office in
America, seems to have had little connection with British convenience; except
that of accommodating his Majesty's ministers and favorites with the sale of a
lucrative and easy office. That thus have we hastened through the reigns which
preceded his Majesty's, during which the violation of our rights were less
alarming, because repeated at more distant intervals, than that rapid and bold
succession of injuries, which is likely to distinguish the present from all
other periods of American story. Scarcely have our minds been able to emerge
from the astonishment into which one stroke of Parliamentary thunder has
involved us; before another more heavy and more alarming is fallen on us.
Single acts of tyranny may be ascribed to the accidental opinion of a day ; but
a series of oppressions, begun at a distinguished period, and pursued
unalterably through every change of ministers, too plainly prov e a deliberate,
systematical plan of reducing us to slavery. That the act passed in the fourth
year Act for granting of his Majesty's reign, entitled ` an act certain duties.



One other act passed in the fifth year. of stamp act. his reign, entitled 'an
act



One other act passed in the sixth year Act declaring the of his reign, entitled
` an act right of parliament over the colonies.



And one other act passed in the seventh Act for granting duties year of his
reign, entitled ` an act on paper, tea, &c.



VOL. 1-13



194 Jefferson's Works



Form that connected chain of Parliamentary usurpation, which has already been
the subject of frequent applications to his Majesty, and the Houses of Lords
and Commons of Great Britain; and, no answers having yet been condescended to
any of these, we shall not trouble his Majesty with a repetition of the matters
they contained. Act suspending But that one other act passed in the legislature
of New-York. same seventh year of his reign, having been a peculiar attempt,
must ever require peculiar mention. It is entitled ` an act One free and
independent legislature, hereby takes upon itself to suspend the powers of
another; free and independent as itself. Thus exhibiting a phenomenon unknown
in nature, the creator, and creature of its own power. Not only the principles
of common sense, but the common feelings of human nature must be surrendered
up, before his Majesty's subjects here, can be persuaded to believe, that they
hold their political existence at the will of a British Parliament. Shall these
governments be dissolved, their property annihilated, and their people reduced
to a state of nature, at the imperious breath of a body of men whom they never
saw, in whom they never confided, and over whom they have no powers of
punishment or removal, let their crimes against the American public be ever so
great ? Can anyone reason be assigned, why one hundred and sixty



Appendix I95



thousand electors in the island of Great Britain, should give law to four
millions in the States of America, every individual of whom is equal to every
individual of them in virtue, in understanding, and in bodily strength ? Were
this to be admitted, instead of being a free people, as we have hitherto
supposed, and mean to continue ourselves, we should suddenly be found the
slaves, not of one, but of one hundred and sixty thousand tyrants ;
distinguished, too, from all others, by this singular circumstance, that they
are removed from the reach of fear, the only restraining motive which may hold
the hand of a tyrant. That, by ` an act to discontinue in such manner and for
such time as are therein mentioned, the landing and discharging, lading or
shipping of goods, wares and merchandize, at the town and within the harbor of
Boston, in the province of Massachusetts bay, in North America, " which was
passed at the last session of the British Parliament, a large and populous
toyvn, whose trade was their sole subsistence, was deprived of that trade, and
involved in utter ruin.. Let us for a while, suppose the question of right
suspended, in order to examine this act on principles of justice. An act of
Parliament had been passed, imposing duties on teas, to be paid in America,
against which act the Americans had protested, as inauthor itative. The East
India Company, who till that time, had never sent a pound of '







[114. G. 3.]



196 Jefferson's Works



tea to America on their own account, step forth on that occasion, the asserters
of Parliamentary right, and send hither many ship loads of that obnoxious
commodity. The masters of their several vessels, however, on their arrival in
America, wisely attended to admonition, and returned with their cargoes. In the
province of New-England alone, the remonstrances of the people were
disregarded, and a compliance, after being many days waited for, was flatly
refused. Whether in this, the master of the vessel was governed by his
obstinacy, or his instructions, let those who know, say. There are
extraordinary situations which require extraordinary interposition. An
exasperated people, who feel that they possess power, are not easily restrained
within limits strictly regular. A number of them assembled in the town of
Boston, threw the tea into the ocean, and dispersed without doing any other act
of violence. If in this they did wrong, they were known, and were amenable to
the laws of the land; against which, it could not be objected, that they had
ever, in any instance, been obstrueted or diverted from the regular course, in
favor of popular offenders. They should, therefore, not have been distrusted on
this occasion. But that ill-fated colony had formerly been bold in their
enmities against the House of Stuart, and wer e now devoted to ruin, by that
unseen hand which governs the momentous affairs of this great empire. On the
partial representations of a few worthless ministerial dependants, whose con



Appendix 197



stant office it has been to keep that government embroiled, and who, by their
treacheries, hope to obtain the dignity of British knighthood, without calling
for a party aceused, without asking a proof, without attempting a distinction
between the guilty and the innocent, the whole of that ancient and wealthy
town, is in a moment reduced from 'opulence to beggary. Men who had spent their
lives in extending the British commerce, who had invested, in that place, the
wealth their honest endeavors had merited, found themselves and their families,
thrown at once on the world, for subsistence by its charities. Not the
hundredth part of the inhabitants of that town, had been concerned in the act
complained of ; many of them were in Great Britain, and in other parts beyond
the sea ; yet all were involved in one indiscriminate ruin, by a new executive
power, unheard of till then, that of a British Parliament. A property of the
value cf many millions of money, was sacrificed to revenge, not repay, the loss
of a few thousands. This is administering justice with a heavy hand indeed !
And when is this tempest to be arrested in its course ? Two wharves are to be
opened again when his Maj esty shall think proper : the residue, which lined
the extensive shores of the bay of Boston, are forever interdicted the exercise
of commerce. This little exception seems to have been thrown in for no other
purpose, than that of setting a precedent for investing his Majesty with
legislative powers. If the pulse of his people shall



Jefferson's Works



beat calmly under this experiment, another and another will be tried, till the
measure of despotism be filled up. It would be an insult on common sense, to
pretend that this exception was made, in order to restore its commerce to that
great town. The trade, which cannot be received at two wharves alone, must of
necessity be transferred to some,other place; to which it will soon be followed
by that of the two wharves. Considered in this light, it would be an insolent
and cruel mockery at the annihilation of the town of Boston. By the act for the
suppression of riots and tumults in the town of Boston, assed also in the last
session of Parliament, a murder committed there, is, if the Governor pleases,
to be tried in the court of King's bench, in the island of Great Britain, by a
jury of Middlesex. The witnesses, too, on receipt of such a sum as the Governor
shall think it reasonable for them to expend, are to enter into recognizance to
appear at the trial. This is, in other words, taxing them to the amount of
their recognizance; and that amount may be whatever a Governor pleases. For who
does his Majesty think can be prevailed on to cross the Atlantic for the sole
purpose of bearing evidence to a fact? His expenses are to be borne, indeed, as
they shall be estimated by a Governor; but who are to feed the wife and
children whom he leaves behind, and who have had no other subsistence but his
daily labor? Those epidemical disorders, too, so terrible in a



         _______________



(1) 14. G. 3.



Appendix 199



foreign climate, is the cure of them to be estimated among the articles of
expense, and their danger to be warded off by the Almighty power of a
Parliament ? And the wretched criminal, if he happen to have offended on the
American side, stripped of his privilege of trial by peers of his vicinage,
removed from the place where alone full evidence could be obtained, without
money, without counsel, without friends, without exculpatory proof, is tried
before Judges predetermined to condemn. The cowards who would suffer a
countryman to be torn from the bowels of their society, in order to be thus
offered a sacrifice to Parliamentary tyranny, would merit that everlasting
infamy now fixed on the authors of the act ! A clause, for a similar purpose,
had been introduced into an act passed in the twelfth year of his Majesty's
reign entitled, an act for the better securing and preserving his Majesty s
Dock-yards, Magazines, Ships, Ammunition and Stores;' against which, as
meriting the same censures, the several colonies have already protested. That
theso are the acts of power, assumed by a body of men foreign to our
constitutions, and unacknowledged by our laws ; against which we do, on behalf
of the inhabitants of British America, enter this, our solemn and determined
protest. And we do earnestly intreat his Majesty, as yet the only mediatory
powez between the several States of the British empire, to recommend to his
Parliament of Great Britain, the total revocation of these acts,



200 Jefferson's Works



which, however nugatory they may be, may yet, prove the cause of further
discontents and jealousies among us. That we next proceed to consider the
conduct of his Majesty, as holding the Executive powers of the laws of these
States, and mark out his deviations from the line of dutv. By the Constitution
of Great Britain, as well as of the several American Stateshis Majesty
possesses the power of refusing to pass into a law, any bill which has already
passed the other two branches of the legislature. His Majesty, however, and his
ancestors, conscious of the impropriety of opposing their single opinion to the
united wisdom of two Houses of Parliament, while their proceedings were
unbiassed by interested principles, for several ages past, have modestly
declined the exercise of this power, in that part of his empire called Great
Britain. But, by change of circumstances, other principles than those of
justice simply, have obtained an influence on their determinations. The
addition of new States to the British empire has produced an addition of new,
and, sometimes, opposite interests. It is now, therefore, the great office of
his Majesty to resume the exercise of his negative power, and to prevent the
passage of laws by any one legislature of the empire, which might bear
injuriously on the rights and interests of another. Yet this will not excuse
the wanton exercise of this power, which we have seen his Majesty practice on
the laws of the American legislature. 




Appendix 201



For the most trifling reasons, and, sometimes for no conceivable reason at all,
his Majesty has rejected laws of the most salutary tendency. The abolition of
domestic slavery is the great object of desire in those colonies, where it was,
unhappily, introduced in their infant state. But previous to the
enfranchisement of the slaves we have, it is necessary to exclude all further
importations from Africa. Yet our repeated attempts to effect this, by
prohibitions, and by imposing duties which might amount to a prohibition,
having been hitherto defeated by his Majesty's negative: thus preferring the
immediate advantages of a few British corsairs, to the lasting interests of the
American States, and to the rights of human nature, deeply wounded by this
infamous practice. Nay, the single interposition of an interested individual
against a law was scarcely ever known to fail of success, though, in the
opposite scale, were placed the interests of a whole country. That this is so
shameful an abuse of a power, trusted with his Majesty for other purposes, as
if, not reformed, would call for some legal restrictions. With equal
inattention to the necessities of his people here, has his Majesty permitted
our laws to lie neglected, in England, for years, neither confirming them by
his assent, nor annulling them by his negative : so, that such of them as have
no suspending clause, we hold on the most precarious of all tenures, his
Majesty's will; and such of them as suspend themselves till his Majesty's
assent be



202 Jefferson's Works



obtained, we have feared might be called into existence at some future and
distant period, when time and change of circumstances shall have rendered them
destructive to his people here. And, to render this grievance still more
oppressive, his Majesty, by his instructions, has laid his Governors under such
restrictions, that they can pass no law, of any moment, unless it have such
suspending clause : so that, however immediate may be the call for legislative
interposition, the law cannot be executed, till it has twice crossed the
Atlantic, by which time the evil may have spent its whole force. But in what
terms reconcilable to Majesty, and at the same time to truth, shall we speak of
a late instruction to his Majesty's Governor of the colony of Virginia, by
which he is forbidden to assent to any law for the division of a county, unless
the new county will consent to have no representative in Assembly ? That colony
has as yet affixed no boundary to the Westward. Their Western counties,
therefore, are of an indefinite extent. Some of them are actually seated many
hundred miles from their Eastern limits. Is it possible, then, that his Majesty
can have bestowed a single thought on the situation of those people, who, in
order to obtain justice for injuries, however great or small, must, by the laws
of that colony, attend their county court at such a distance, with all their
witnesses, monthly, till their litigation be determined ? Or does his Majesty
seriously wish, and publish it to the world,



Appendix 203



that his subjects should give up the glorious right of representation, with all
the benefits derived from that, and submit themselves the absolute slaves of
his sovereign will ? Or is it rather meant to confine the legislative body to
their present numbers, that they may be the cheaper bargain, whenever they
shall become worth a purchase? One of the articles of impeachment against
Tresilian, and the other Judges of Westminster Hall, in the reign of Richard
the Second, for which they suffered death, as traitors to their country, was,
that they had advised the King, that he might dissolve his Parliament at any
time ; and succeeding kings have adopted the opinion of these unjust Judges.
Since the establishment, however, of the British constitution, at the glorious
Revolution, on its free and ancient principles, neither his Majesty, nor his
ancestors, have exercised such a power of dissolution in the island of Great
Britain;(1) and when his Majesty was petitioned, by the united voice of his
people there, to dissolve the present Parliament, who had become obnoxious to
them, his Ministers were heard to declare, in open Parliament, that his Majesty
possessed no such power by the constitution. But how different their language,
and his practice,



(1) On further inquiry, I find two instances of dissolutions before the
Parliament would, of itself, have been at an end: viz., the Parliament called
to meet August 24, 1698, was dissolved by King William, December 19, 1700, and
a new one called, to meet February 6, 1701, which was also dissolved, November
11, 1701, and a new one met December 30, 1701. 204



Jefferson's Works



here ! To declare, as their duty required, the known rights of their country,
to oppose the usurpation of every foreign judicature, to disregard the
imperious mandates of a Minister or Governor, have been the avowed causes of
dissolving Houses of Representatives in America. But if such powers be really
vested in his Majesty, can he suppose they are there placed to awe the members
from such purposes as these ? When the representative body have lost the
confidence of their constituents, when they have notoriously made sale of their
most valuable rights, when they have assumed to themselves powers which the
people never put into their hands, then, indeed, their continuing in office
becomes dangerous to the State, and calls for an exercise of the power of
dissolution. Such being the cause for which the representative body should, and
should not, be dissolved, will it not appear strange, to an unbiased observer,
that that of Great Britain was not dissolved, while those of the colonies have
repeatedly incurred that sentence ? But your Majesty, or your Governors, have
carried this power beyond every limit known or provided for by the laws. After
dissolving one House of Representatives, they have refused to call another, so
that, for a great length of time, the legislature provided by the laws, has
been out of existence. From the nature of things, every society must, at all
times, possess within itself the sovereign powers of legislation. The feelings
of human nature revolt



Appendix 205



against the supposition of a State so situated, as that it may not, in any
emergency, provide against dangers which, perhaps, threaten immediate ruin.
While those bodies are in existence to whom the people have delegated the
powers of legislation, they alone possess, and may exercise, those powers. But
when they are dissolved; by the lopping off one or more of their branches, the
power reverts to the people, who may use it to unlimited extent, either
assembling together in person, sending deputies, or in any other way they may
think proper. We forbear to trace consequences further; the dangers are
conspicuous with which this practice is replete. That we shall, at this time
also, take notice of an error in the nature of our land holdings, which crept
in at a very early period of our settlement. The introduction of the Feudal
tenures into the kingdom of England, though ancient, is well enough understood
to set this matter in a proper light. In the earlier ages of the Saxon
settlement, feudal holdings were certainly altogether unknown, and very few, if
any, had been introduced. at the time of the Norman conquest. Our Saxon
ancestors held their lands, as they did their personal property, in absolute
dominion, disincumbered with any superior, answering nearly to the nature of
those possessions which the Feudalist term Allodial. William the Norman, first
introduced that system generally. The lands which had belonged to those who
fell in the battle of Hastings, and in the subsequent insur-



206 Jefferson's Works



rections of his reign, formed a considerable proportion of the lands of the
whole kingdom. These he granted out, subject to feudal duties, as did he also
those of a great number of his new subjects, who, by persuasions or threats,
were induced to surrender them for that purpose. But still, much was left in
the hands of his Saxon subjects, held of no superior, and not subject to feudal
conditions. These, therefore, by express laws, enacted to render uniform the
system of military defence, were made liable to the same military duties as if
they had been feuds; and the Norman lawyers soon found means to saddle them,
also, with the other feudal burthens. But still they had not been surrendered
to the King they were not derived from his grant, and therefore they were not
holden of him. A general principle was introduced, that " all lands in England
were held either mediately or immediately of the Crown; " but this was borrowed
from those holdings which were truly feudal, and only applied to others for the
purposes of illustration. Feudal holdings were, therefore, but exceptions out
of the Saxon laws of possession, under which all lands were held in absolute
right. These, therefore, still form the basis or groundwork of the Common law,
to prevail wheresoever the exceptions have not taken place. America was not
conquered by William the Norman, nor its lands surrendered to him or any of his
successors. Possessions there are, undoubtedly, of the Allodial nature. Our
ancestors, however, who migrated



Appendix 207



hither, were laborers, not lawyers. The fictitious principle, that all lands
belong originally to the King, they were early persuaded to believe real, and
accordingly took grants of their own lands from the Crown. And while the Crown
continued to grant for small sums and on reasonable rents, there was no
inducement to arrest the error, and lay it open to public view. But his Majesty
has lately taken on him to advance the terms of purchase and of holding, to the
double of what they were; by which means, the acquisition of lands being
rendered difficult, the population of our country is likely to be checked. It
is time, therefore, for us to lay this matter before his Majesty, and to
declare, that he has no right to grant lands of himself. From the nature and
purpose of civil institutions, all the lands within the limits, which any
particular party has circumscribed around itself, are assumed by that society,
and subject to their allotment; this may be done by themselves assembled
collectively, or by their legislature, to whom they may have delegated
sovereign authority ; and, if they are allotted in neither of these ways, each
individual of the society, may appropriate to himself such lands as he finds
vacant, and occupancy will give him title. That, in order to enforce the
arbitrary measures before complained of, his Majesty has, from time to time,
sent among us large bodies of armed forces not made up of the people here, nor
raised by the authority of our laws. Did his Majesty possess such



208, Jefferson's Works



a right as this, it might swallow up all our other rights, whenever he should
think proper. But his Majesty has no right to land a single armed man on our
shores ; and those whom he sends here are liable to our laws, for the
suppression and punishment of riots, routs, and unlawful assemblies, or are
hostile bodies invading us in defiance of law. When; in the course of the late
war, it became expedient that a body of Hanoverian troops should be brought
over for the defence of Great Britain, his Majesty's grandfather, our late
sovereign, did not pretend to introduce them under any authority he possessed.
Such a measure would have given just alarm to his subjects of Great Britain,
whose liberties would not be safe if armed men of another country, and of
another spirit, might be brought into the realm at any time, without the
consent of their legislature. He, there- fore, applied to Parliament, who
passed an act for that purpose, limiting the number to be brought in, and the
time they were to continue. In like manner is his Majesty restrained in every
part of the empire. He possesses indeed the executive power of the laws in
every State ; but they are the laws of the particular State, which he is to
administer within that State and not those of any one within the limits of
another. Every State must judge for itself, the number of armed men which they
may safely trust among them, of whom they are to consist, and under what
restrictions they are to be laid. To render these proceedings still more
criminal against our laws, instead of



Appendix 209



subjecting the military to the civil power, his majesty has expressly made the
civil subordinate to the military. But can his Majesty thus put down all law
under his feet? Can he erect a power superior to that which erected himself ?
He has done it indeed by force; but let him remember that force cannot give
right. That these are our grievances, which we have thus laid before his
Majesty, with that freedom of language and sentiment which becomes a free
people claiming their rights as derived from the laws of nature, and not as the
gift of their Chief Magistrate. Let those flatter, who fear: it is not an
American art. To give praise where it is not due might be well from the venal,
but would ill beseem those who are asserting the rights of human nature. They
know, and will, therefore, say, that Kings are the servants, not the
proprietors of the people. Open your breast, Sire, to liberal and expanded
thought. Let not the name of George the Third, be a blot on the page of
history. You are surrounded by British counselors, but remember that they are
parties. You have no ministers for American affairs, because you have none
taken from among us, nor amenable to the laws on which they are to give you
advice. It behooves you, therefore, to think and to act for yourself and your
people. The great principles of right and wrong are legible to every reader; to
pursue them, requires not the aid of many counselors. The whole art of
government consists in the



VOL.. 1-14



210 Jefferson's Works



art of being honest. Only aim to do your duty, and mankind will give you credit
where you fail. No longer persevere in sacrificing the rights of one part of
the empire to the inordinate desires of another; but deal out to all, equal and
impartial right. Let no act be passed by any one legislature, which may
infringe on the rights and liberties of another. This is the important post in
which fortune has placed you, holding the balance of a great, if a well-poised
empire. This, Sire, is the advice of your great American council, on the
observance of which may perhaps depend your felicity and future fame, and the
preservation of that harmony which alone can continue, both to Great Britain
and America, the reciprocal advantages of their connection. It is neither our
wish nor our interest to separate from her. We are willing, on our part, to
sacrifice everything which reason can ask, to the restoration of that
tranquillity for which all must wish. On their part, let them be ready to
establish union on a generous plan. Let them name their terms, but let them be
just. Accept of every commercial preference it is in our power to give, for
such things as we can raise for their use, or they make for ours. But let them
not think to exclude us from going to other markets to dispose of those
commodities which they cannot use, nor to supply those wants which they cannot
supply. Still less, let it be proposed, that our properties, within our own
territories, shall be taxed or regulated by any



Appendix 211



power on earth, but our own. The God who gave us life, gave us liberty at the
same time: the hand of force may destroy, but cannot disjoin them. This, Sire,
is our last, our determined resolution. And that you will be pleased to
interpose, with that efficacy which your earnest endeavors may insure; to
procure redress of these our great grievances, to quiet the minds of your
subjects in British America against any apprehensions of future encroachment,
to establish fraternal love and harmony through the whole empire, and that that
may continue to the latest ages of time, is the fervent prayer of all British
America.







[NOTE D.] August, 1774.



Instructions for the Deputies appointed to meet in General Congress on the part
of this Colony.



The unhappy disputes between Great Britain and her American colonies, which
began about the third year of the reign of his present Majesty, and since,
continually increasing, have proceeded to lengths so dangerous and alarming, as
to excite just apprehensions in the minds of his Majesty's faithful subjects of
this colony, that they are in danger of being deprived of their natural,
ancient, constitutional, and chartered rights, have compelled them to take the
same into their most serious consideration ; and, being deprived of their usual
and accustomed mode



212 Jefferson's Works



of making known their grievances, have appointed us their representatives to
consider what is proper to be done in this dangerous crisis of American
affairs. It being our opinion that the united wisdom of North America should be
collected in a General Congress of all the colonies, we have appointed the
Honorable Peyton Randolph, Richard Henry Lee, George Washington, Patrick Henry,
Richard Bland, Benjamin Harrison, and Edmund Pendleton, Esquires, deputies to
represent this colony in the said Congress, to be held at Philadelphia, on the
first Monday in September next. And that they may be the better informed of our
sentiments, touching the conduct we wish them to observe on this important
occasion, we desire that they will express, in the first place, our faith and
true allegiance to his Majesty, King George the Third, our lawful and rightful
sovereign; and that we are determined, with our lives and fortunes, to support
him in the legal exercise of all his just rights and prerogatives. And, however
misrepresented, we sincerely approve of a constitutional connection with Great
Britain, and wish, most ardently, a return of that intercourse of affection and
commercial connection, that formerly united both countries, which can only be
effected by a removal of those causes of discontent, which have of late
unhappily divided us. It cannot admit of a doubt, but the British subjects in
America are entitled to the same rights and privileges as their fellow subjects
possess in Britain;



Appendix 213



and therefore, that the power assumed by the British Parliament to bind America
by their statutes in all cases whatsoever, is unconstitutional, and the source
of these unhappy differences. The end of government would be defeated by the
British Parliament exercising a power over the lives, the property, and the
liberty of American subjects, who are not, and, from their local circumstances,
cannot be, there represented. Of this nature, we consider the several acts of
Parliament for raising a revenue in America, for extending the jurisdiction of
the courts of Admiralty, for seizing American subjects, and transporting them
to Britain to be tried for crimes committed in America, and the several late
oppressive acts respecting the town of Boston, and Province of the
Massachusetts Bay. The original constitution of the American colonies
possessing their assemblies with the sole right of directing their internal
polity, it is absolutely destructive of the end of their institution, that
their legislatures should be suspended, or prevented, by hasty dissolutions,
from exercising their legislative powers. Wanting the protection of Britain, we
have long acquiesced in their acts of navigation, restrictive of our commerce,
which we consider as an ample recompense for such protection; but as those acts
derive their efficacy from that foundation alone, we have reason to expect they
will be restrained, so as to produce the reasonable purposes of Britain, and
not injurious to us.



214 Jefferson's Works



To obtain redress of these grievances, without which the people of America can
neither be safe, free, nor happy, they are willing to undergo the great
inconvenience that will be derived to them, from stopping all imports whatever,
from Great Britain, after the first day of November next, and also to cease
exporting any commodity whatsoever, to the same place, after the tenth day of
August, 1775. The earnest desire we have to make as quick and full payment as
possible of our debts to Great Britain, and to avoid the heavy injury that
would arise to this country from an earlier adoption of the nonexportation
plan, after the people have already applied so much of their labor to the
perfecting of the present crop, by which means, they have been prevented from
pursuing other methods of clothing and supporting their families, have rendered
it necessary to restrain you in this article of non-exportation ; but it is our
desire, that you cordially co-operate with our sister colonies in General
Congress, in such other just and proper methods as they, or the majority, shall
deem necessary for the accomplishment of these valuable ends. The proclamation
issued by General Gage, in the government of the Province of the Massachusetts
Bay, declaring it treason for the inhabitants of that province to assemble
themselves to consider of their grievances, and form associations for their
common conduct on the occasion, and requiring the civil magistrates and
officers to apprehend all such per-



Appendix 215



sons, to be tried for their supposed offences, is the most alarming process
that ever appeared in a British government; and the said General Gage hath,
thereby, assumed, and taken upon himself, powers denied by the constitution to
our legal sovereign ; that he, not having condescended to disclose by what
authority he exercises such extensive and unheard of powers, we are at a loss
to determine, whether he intends to justify himself as the representative of
the King, or as the Commander-in-Chief of his Majesty's forces in America. If
he considers himself as acting in the character of his Majesty's
representative, we would remind him that the statute a 5th, Edward the Third
has expressed and defined all treasonable offences, and that the legislature of
Great Britain had declared, that no-offence shall be construed to be treason,
but such as is pointed out by that statute, and that this was done to take out
of the hands of tyrannical Kings, and of weak and wicked Ministers, that deadly
weapon, which constructive treason had furnished them with, and which had drawn
the blood of the best and honestest men in the kingdom ; and that the King of
Great Britain hath no right by his proclamation, to subject his people to
imprisonment, pains, and penalties. That if the said General Gage conceives he
is empowered to act in this manner, as the Commander in-Chief of his Majesty's
forces in America, this odious and illegal proclamation must be considered as a
plain and full declaration, that this despotic Viceroy



216 Jefferson's Works



will be bound by no law, nor regard the constitutional rights of his Majesty's
subjects, whenever they interfere with the plan he has formed for oppressing
the good people of the Massachusetts Bay; and, therefore; that the executing,
or attempting to execute, such proclamations, will justify resistance and
reprisal.







[NOTE E.]



MONTICE ll, November 1, 1778. DEAR SIR, I have got through the bill for
"proportioning crimes and punishments in cases heretofore capital," and now
enclose it to you with a request that you will be so good, as scrupulously to
examine and correct it, that it may be presented to our committee with as few
defects as possible. In its style, I have aimed at accuracy, brevity, and
simplicity, preserving, however, the very words of the established law wherever
their meaning had been sanctioned by judicial decisions, or rendered technical
by usage. The same matter, if couched in the modern statutory language, with
all its tautologies, redundancies and circumlocutions, would have spread itself
over many pages, and been unintelligible to those whom it most concerns.
Indeed, I wished to exhibit a sample of reformation in the barbarous style into
which modern statutes have degenerated from their ancient simplicity. And I
must pray you to be



Appendix 217



as watchful over what I have not said, as what is said; for the omissions of
this bill have all their positive meaning. I have thought it better to drop, in
silence, the laws we mean to discontinue, and let them be swept away by the
general negative words of this, than to detail them in clauses of express
repeal. By the side of the text. I have written the notes I made, as I went
along, for the benefit of my own memory. They may serve to draw your attention
to questions, to which the expressions or the omissions of the text may give
rise. The extracts from the Anglo-Saxon laws, the sources of the Common law, I
wrote in their original, for my own satisfaction;(l) but I have added Latin, or
liberal English translations. From the time of Canute to that of the Magna
Charta, you know, the text of our statutes is preserved to us in Latin only,
and some old French. I have strictly observed the scale of punishments settled
by the Committee, without being entirely satisfied with it. The Lex talionis,
although a restitution of the Common law, to the simplicity of which we have
generally found it so advantageous to return, will be revolting to the
humanized feelings of modern times. An eye for an eye, and a hand for a hand,
will exhibit spectacles in execution whose moral effect would be questionable ;
and even the membrum pro membro of Bracton, or the punishment of the offending
member, although long authorized by our law,



 [(1) In this publication, the original Saxon words are given, but, owing to
the want of Saxon letter, they are printed in common type.]



218 Jefferson's Works



for the same offence in a slave has, you know, been not long since repealed, in
conformity with public sentiment. This needs reconsideration. I have heard
little of the proceedings of the Assembly, and do not expect to be with you
till about the close of the month. In the meantime, present me respectfully to
Mrs. Wythe, and accept assurances of the affectionate esteem and respect of,
dear Sir,



George Wythe, Esq.



Your friend and servant.







 A Bill for proportioning Crimes and Punishments, in cases heretofore Capital.
Whereas, it frequently happens that wicked and dissolute men, resigning
themselves to the dominion of inordinate passions, commit violations on the
lives, liberties, and property of others, and, the secure enjoyment of these
having principally induced men to enter into society, government would be
defective in its principal purpose, were it not to restrain such criminal acts,
by inflicting due punishments on those who perpetrate them ; but it appears, at
the same time, equally deducible from the purposes of society, that a member
thereof, committing an inferior injury, does not wholly forfeit the protection
of his fellow citizens, but, after suffering a punishment in proportion to his
offence, is entitled to their protection



Appendix 219



from all greater pain, so that it becomes a duty in the legislature to arrange,
in a proper scale, the crimes which it may be necessary for them to repress,
and to adjust thereto a corresponding gradation of punishments. And whereas,
the reformation of offenders, though an object worthy the attention of the
laws, is not effected at all by capital punishments, which exterminate instead
of reforming, and should be the last melancholy resource against those whose
existence is become inconsistent with the safety of their fellow citizens,
which also weaken the State, by cutting off so many who, if reformed, might be
restored sound members to society, who, even under a course of correction,
might be rendered useful in various labors for the public, and would be living
and long-continued spectacles to deter others from committing the like
offences. And forasmuch as the experience of all ages and countries hath shown,
that cruel and sanguinary laws defeat their own purpose, by engaging the
benevolence of mankind to withhold prosecutions, to smother testimony, or to
listen to it with bias, when, if the punishment were only proportioned to the
injury, men would feel it their inclination, as well as their duty, to see the
laws observed. For rendering crimes and punishments, therefore, more
proportionate to each other : Be it enacted by the General Assembly, that no
crime shall be henceforth punished by the depriva-



220 Jefferson's Works



tion of life or limb,(1) except those hereinafter ordained to be so punished.
(2) If a man do levy war(3) against the Commonwealth [in the same], or be
adherent to the enemies of the Commonwealth [within the same],(4) giving to
them aid or comfort in the Commonwealth, or elsewhere, and thereof be convicted
of open deed, by the evidence of two sufficient witnesses, or his own voluntary
confession, the said cases, and no(5) others, shall be 



(1) This takes away the punishment of cutting off the hand of a person striking
another, or drawing his sword in one of the superior courts of justice. Stamf.
P. C. 38. 33. H. 8. c. 12. In an earlier stage of the Common law, it was death.
Gif hwa gefeohte on Cyninges huse sy he scyldig ealles his yrfes, and sy on
Cyninges dome hwaether he lif age de nage: si quis in regis domo pugnet, perdat
omnem suam haereditatem, et in regis sit arbitrio, possideat vitam an non
possideat. Ll. Inae. 6. Gif hwa on Cyninges healle gefeohte, oththe his waepne
gebrede, and hine mon gefo, sy thaet on Cyninges dome swa death, swa lif, swa
he him forgyfan wille: si quis in aula regia pugnet, vel arma sua extrahat et
capiatur, sit in regis arbitrio tam mors quam vita, sicut ei condonare
voluerit. Ll. Alfr. 7. Gif hwa on Cyninges hirede gefeohte tholige thaet lifes,
buton se Cyning him gearian wille: si quis in regia dimicat, perdat vitam, nisi
rex hoc illi eondonare velit. Ll. Cnuti. 56. 4. Bl.125. zs. (2) 25. E. 3. st.
5. c. 2. 7. W. 3. c. 3. º 2. (3) Though the crime of an accomplice in treason
is not here described, yet, Lord Coke says, the partaking and maintaining a
treason herein described, makes him a principal in that treason: it being a
rule that in treason all are principals. 3 Inst. 138. 2 Inst. 590. 1 H. 6. 5.
(4) These words in the English statute narrow its operation. A man adhering to
the enemies of the Commonwealth, in a foreign country, would certainly not be
guilty of treason with us, if these words be retained. The convictions of
treason of that kind in England have been under that branch of the statute
which makes the compassing the king's death treason. Foster 196. 197. But as we
omit that branch, we must by other means reach this flagrant case. (5) The
stat. 25. E. 3. directs all other cases of treasons to await the opinion of
Parliament. This has the effect of negative words, excluding all other
treasons. As we drop that part of the statute,



Appendix 221



adjudged treasons which extend to the Commonwealth, and the person so convicted
shall suffer death, by hanging,(1), and shall forfeit his lands and goods to
the Commonwealth. If any person commit petty treason, or a husband murder his
wife, a parent(2) his child, or a child his



we must, by negative words, prevent an inundation of common law treasons. I
strike out the word "it," therefore, and insert "the said cases, and no
others.". Quaere, how far those negative words may affect the case of
accomplices above mentioned? Though if their case was within the statute, so as
that it needed not await the opinion of Parliament, it should seem to be also
within our act, so as not to be ousted by the negative words. (1) This implies
"by the neck." See 2 Hawk. 544. notes n. o. (2) By the stat. 21. Jac. 1. c. 27.
and Act Ass. 1170. c. 12. concealment by the mother of the death of a bastard
child is made murder. In justification of this, it is said, that shame is a
feeling which operates so strongly on the mind, as frequently to induce the
mother of such a child to murder it, in order to conceal her disgrace. The act
of concealment, therefore, proves she was influenced by shame, and that
influence produces a presumption that she murdered the child. The effect of
this law then is, to make what, in its nature, is only presumptive evidence of
a murder conclusive of that fact. To this I answer, 1. So many children die
before or soon after birth, that to presume all those murdered who are found
dead, is a presumption which will lead us oftener wrong than right, and
consequently would shed more blood than it would save. 2. If the child were
born dead, the mother would naturally choose rather to conceal it, in hopes of
still keeping a good character in the neighborhood. So that the act of
concealment is far, from proving the guilt of murder on the mother.3. If shame
be a powerful affection of the mind, is not parental love also? Is it not the
strongest affection known? Is it not greater than even that of
self-preservation? While we draw presumptions from shame, one affection of the
mind, against the life of the prisoner, should we not give some weight to
presumptions from parental love, an affection at least as strong, in favor of
life? If concealment of the fact is a presumptive evidence of murder, so strong
as to overbalance all other evidence that may possibly be produced to take away
the presumption, why not trust the force of this incontestable presumption to
the



222 Jefferson's Works



parent, he shall suffer death by hanging, and his body be delivered to
Anatomists to be dissected. Whosoever committeth murder by poisoning shall
suffer death by poison. Whosoever committeth murder by way of duel shall suffer
death by hanging; and if he were the challenger, his body, after death, shall
be gibbetted.(1) He who removeth it from the gibbet shall be guilty of a
misdemeanor ; and the officer shall see that it be replaced. Whosoever shall
commit murder in any other way shall suffer death by hanging. And in all cases
of Petty treason and murder, one half of the lands and goods of the offender,
shall be forfeited to the next of kin to the person killed, and the other half
descend and go to his own representa-



jury, who are, in a regular course, to hear presumptive, as well as positive
testimony? If the presumption arising from the act of concealment, may be
destroyed by proof positive or circumstantial to thecontrary, why should the
legislature preclude that contrary proof? Objection. The crime is difficult to
prove, being usually committed in secret. Answer. But circumstantial proof will
do; for example, marks of violence, the behavior, countenance, &c. of the
prisoner, &c. And if conclusive proof be difficult to be obtained, shall we
therefore fasten irremovably upon equivocal proof ? Can we change the nature of
what is contestable, and make it incontestable? Can we make that conclusive
which God and nature have made inconclusive? Solon made no law against
parricide, supposing it impossible that any one could be guilty of it; and the
Persians, from the same opinion, adjudged all who killed their reputed parents
to be bastards; and although parental be yet stronger than filial affection, we
admit infanticide proved on the most equivocal testimony, whilst they rejected
all proof of an act certainly not more repugnant to nature, as of a thing
impossible, unprovable. See Beccaria, º 31. (1) 25. G. 2. c. 37.



Appendix 223



tives. Save only, where he shall slay the challenger in a duel,(1) in which
case, no part of his lands or goods shall be forfeited to the kindred of the
party slain, but, instead thereof, a moiety shall go to the Commonwealth. The
same evidence(2) shall suffice, and order and course(3) of trial be observed in
cases of Petty Treason, as in those of other(4) murders.



Whosoever shall be guilty of manslaughter,(5) shall, for the first offence, be
condemned to hard(6) labor



(1)Quaere, if the estates of both parties in a duel, should not be forfeited?
The deceased is equally guilty with a suicide. (2) Quaere, if these words may
not be omitted? By the Common law, one witness in treason was sufficient.
Foster 233. Plowed. 8. a. Mirror c. 3.  34. Waterhouse on Fortesc. de laud.
252. Carth. 144. per. Holt. But Lord Coke, contra 3 inst. 26. The stat. 1. E.
6. c. 12. &5. E. 6. c. 11. first required two witnesses in treason. The clause
against high treason supra, does the same as to high treason; but it seems if
1st and 5th E. 6. are dropped, Petty treason will be tried and proved, as at
Common law, by one witness. But quaere, Lord Coke being contra, whose opinion
it is ever dangerous to neglect. (3) These words are intended to take away the
peremptory challenge of thirty-five jurors. The same words being used 1. 2. Ph.
& M. c. 10. are deemed to have restored the peremptory challenge in high
treason; and consequently are sufficient to take it away. Foster 237



(4) Petty treason is considered in law only as an aggravated murder. Foster
107. 323. A pardon of all murders, pardons Petty treason. 1 Hale P. C. 378. see
2 H. P. C. 340. 342. It is also included in the word "felony," so that a pardon
of all felonies, pardons Petty treason. (5) Manslaughter is punishable at law,
by burning in the hands, and forfeiture of chattels. (6) It is best, in this
act, to lay down principles only, in order that it may not forever be
undergoing change; and to carry into effect the minuter parts of it, frame a
bill "for the employment and government of felons, or malefactors, condemned to
labor for the Commonwealth, which may serve as an Appendix to this, and in
which all the particulars requisite may be directed; and as experience will,
from time to



224 Jefferson's Works



for seven years in the public works, shall forfeit one half of his lands and
goods to the next of kin to the person slain; the other half to be sequestered
during such term, in the hands and to the use of the Commonwealth, allowing a
reasonable part of the profits for the support of his family. The second
offence shall be deemed murder. And where persons, meaning to commit a
trespass(1) only, or larceny, or other unlawful deed, and doing an act from
which involuntary homicide hath ensued, have heretofore been adjudged guilty of
manslaughter, or of murder, by transferring such their unlawful intention to an
act, much more penal than they could have in probable contemplation; no such
case shall hereafter be deemed manslaughter, unless manslaughter was intended,
nor murder, unless murder was intended. In other cases of homicide, the law
will not add to the miseries of the party, by punishments and forfeitures.(2)



time, be pointing out amendments, these may be made without touching this
fundamental act. See More's Utopia p. 5o. for some good hints. Fugatives might,
in such a bill, be obliged to work two days for every one they absent
themselves. (1) The shooting at a wild fowl, and killing a man, is homicide by
misadventure. Shooting at a pullet, without any design to take it away, is
manslaughter; and with a design to take it away, is murder. 6 Sta. tr. 222. To
shoot at the poultry of another, and thereby set fire to his house, is arson,
in the opinion of some. Dalt. c. 116. 1 Hale's P. C. 569. c. contra. (2)
Beccaria. º 32. Suicide. Homicides are, 1. Justifiable. 2. Excusable. 3.
Felonious. For the last, punishments have been already provided. The first are
held to be totally without guilt, or rather com-



Appendix 225



Whenever sentence of death shall have been pronounced against any person for
treason or murder, execution shall be done on the next day but one



mendable. The second are in some cases not quite unblamable. These should
subject the party to marks of contrition; viz., the killing of a man in defence
of property; so also in defence of one's person which is a species of excusable
homicide, because, although cases may happen where these also are commendable,
yet most frequently they are done on too slight appearance of danger; as in
return for a blow, kick fillip, &c. ; or on a person's getting into a house,
not animo furandi, but perhaps veneris causa, &c. Bracton says, "si quis furem
nocturnum occident, its demum impune foret, si parcere ei sine periculo suo non
potuit, si autem potuit, aliter erit. Item erit si quis hamsokne quae dicitur
invasio domus contra pacem domini regis in domo sua se defenderit, et invasor
occisus fuerit; impersecutus et insultus remanebit si ille quem invasit aliter
se defendere non potuit; dicitur enim quod non est dignus habere pacem qui non
vult observare eam." L. 3. c. 23. º 3. "Qui latronem occiderit, non tenetur,
nocturnum vel diurnum, si alitcr periculum evadere non possit; tenetur tamen si
possit. Item non tenetur si per infortunium, et non animo et voluntate
occidendi, nec dolus, nec culpa ejus inveniatur." L. 3. c. 36. º 1. The stat.
24. H. 8. c. 5. is therefore merely declaratory of the Common law. See on the
general subject Puffend. 2. 5. º 10.11.12.16.17. Excusable homicides are by
misadventure, or in self-defence. It is the opinion of some lawyers, that the
Common law punished these with death, and that the statute of Marlbridge, c.
26. and Gloucester, c. 9. first took away this by giving them title to a
pardon, as matter of right, and a writ of restitution of their goods. See 2.
Inst. 148. 315. 3. Inst. 55. Bracton L. 3. c. 4. º 2. Fleta L. 1. c. 23. º 14.
15. 21. E. 3. 23. But it is believed never to have been capital. 1. H. P. C.
425. 1. Hawk. 75. Foster, 282. 4. Bl. 188. It seems doubtful also, whether at
Common law, the party forfeited all his chattels in this case or only paid a
weregild. Foster, ubi supra, doubts, and thinks it of no consequence, as the
statute of Gloucester entitles the party to Royal grace, which goes as well to
forfeiture as life. To me there seems no reason for calling these excusable
homicides, and the killing a man in defence of property, a justifiable
homicide. The latter is less guiltless than misadventure or self-defence.
Suicide is by law punishable by forfeiture of chattels. This bill exempts it
from forfeiture. The suicide injures the State less than he



 Vol.. 1.-15.



226 Jefferson's Works



after such sentence, unless it be Sunday, and then on the Monday
following.(1)Whosoever shall be guilty of Rape,(2) Polyg



who leaves it with his effects. If the latter then be not punished, theformer
should not. As to the example, we need not fear its influence. Men are too much
attached to life, to exhibit frequent instances of depriving themselves of it.
At any rate, the quasi-punishment of confiscation will not prevent it. For if
one be found who can calmly determine to renounce life, who is so weary of his
existence here, as rather to make experiment of what is beyond the grave, can
we suppose him, in such a state of mind, susceptible of influence from the
losses to his family from confiscation? That men in general, too, disapprove
of. this severity, is apparent from the constant practice of juries finding the
suicide in a state of insanity; because they have no other way of saving the
forfeiture. Let it then be done away. (1) Beccaria. º 19. 25. G. 2. c. 37. (2)
13. E. 1. c. 34. Forcible abduction of a woman having substance, is felony by
3. H. 7. c. 2. 3. Inst. 61. 4. Bl. 208. If goods be taken, it will be felony as
to them, without this statute; and as to the abduction of the woman, quaere if
not better to leave that, and also kidnapping, 4. Bl. 219. to the Common law
remedies, viz.; fine, imprisonment, and pillory, Raym. 474. 2 Show. 221. Skin.
47. Comb. 10. the writs of Homine replegiando, Capias in Withernam, Habeas
corpus, and the action of trespass? Rape was felony at the Common law. 3. Inst.
60. but see 2. Inst. 181. further-for its definition see 2. Inst. 180. Bracton,
L. 3. c. 28. º 1. says the punishment of rape is "amissio membrorum, ut sit
membrum pro membro, quia virgo, cum corrumpitur, membrum amittit, et ideo
corruptor puniatur in eo in quo deliquit; oculos igitur amittat propter
aspectum decoris quo virginem concupivit; amittat et testiculos qui calorem
stupri induxerunt. Olim quidem corruptores virginitatis et castitatis
suspendebantur et eorum fautores, &c. Modernis tamen temporibus aliter
observatur," &c. And Fleta, "solet justiciarius pro quolibet mahemio ad
amissionem testiculorum vel oculorum convictum condemnare, sed non sine errore,
eo quod id judicium nisi in corruptione virgillum tantum competebat; nam pro
virginitatis corruptione solebant abscidi et merito judicari, ut sic pro membro
quod abstulit, membrum per quod deliquit amitteret, viz., testiculos, qui
calorem stupri induxerunt," &c. Fleta, L. 1. c. 4o. º 4. "Gif theow man theowne
to nydhed genyde, gabte mid his eowende : " " Si servus servam ad stuprum
coegerit, compenset hoo 


Appendix 227



amy,(1) or Sodomy(2) with man or woman, shall be punished, if a man, by
castration,(3) if a woman, by cutting through the cartilage of her nose a hole
of one half inch in diameter at the least.



 virga sua virili. Si quis puellam," &c. Ll. Aelfridi. 25. "Hi purgist femme
per forze forfait ad les membres." Ll. Gul. conq. 19. In Dyer, 305, a man was
indicted, and found guilty of a rape on a girl of seven years old. The court
"doubted of the rape of so tender a girl; but if she had been nine years old,
it would have been otherwise." 14. Eliz. Therefore the statute 18. Eliz. c. 6.
says, " For plain declaration of law, be it enacted, that if any person shall
unlawfully and carnally know and abuse any woman child, under the age of ten
years, &c., he shall suffer as a felon, without allowance of clergy." Lord
Hale, however,1. P. C. 630. thinks it rape independent of that statute, to know
carnally, a girl under twelve, the age of consent. Yet 4. Bl. 212. seems to
neglect this opinion; and as it was founded on the words of 3. E. 1. c. 13. and
this is with us omitted, the offence of carnally knowing a girl under twelve,
or ten years of age, will not be distinguished from that of any other. (1) 1.
Jac. 1. c. 11. Polygamy was not penal till the statute 1. Jac. The law
contented itself with the nullity of the act. 4. Bl. 163. 3. Inst. 88. (2) 25.
H. 8. c. 6. Buggery is twofold: 1. With mankind, 2. with beasts. Buggery is the
Genus, of which Sodomy and Bestiality, are the species. 12. Co. 37. says, "NOTE
that Sodomy is with mankind." But Finch's L. B. 3. c. 24. "Sodomiary is a
carnal copulation against nature, to wit, of man or woman in the same sex, or
of either of them with beasts." 12. Co. 36. says, "it appears by the ancient
authorities of the law that this was felony." Yet the 25. H. 8. declares it
felony, as if supposed not to be so. Britton, c. 9. says, that Sodomites are to
be burnt. F. N. B. 269. b. Fleta, L. 1. c. 37. says, "pecorantes et Sodomitae
in terra vivi confodiantur." The Mirror makes it trea- son. Bestiality can
never make any progress; it cannot therefore be injurious to society in any
great degree, which is the true measure of criminality in foro civili, and will
ever be properly and severely punished, by universal derision. It may,
therefore, be omitted. It was anciently punished with death, as it has been
latterly. Ll. Aelfrid. 31. and 25. H. 8. c. 6. see Beccaria. º 31. Montesq. (3)
Bracton, Fleta, &c,



228 Jefferson's Works



But no one shall be punished for Polygamy, who shall have married after
probable information of the death of his or her husband or wife, or after his
or her husband or wife, hath absented him or herself, so that no notice of his
or her being alive hath reached such person for seven years together, or hath
suffered the punishments before prescribed for rape, polygamy, or sodomy.
Whosoever, on purpose, and of malice forethought shall maim(1) another, or
shall disfigure him, by cutting out or disabling the tongue, slitting or
cutting off a nose, lip, or ear, branding, or otherwise, shall be maimed, or
disfigured in like(2) sort : or if that cannot



(1) 22. 23. Car. 2. c. 1. Maiming was felony at the Common law. Britton, c. 25.
"Mahemium autem dici poteri, aubi aliquis in aliqua parts sui corparis
laesionem acceperit, per quam affectus sit inutilis ad pugnandum: ut si manus
amputetur, vel pes, oculus privetur, vel scerda de osse capitis laveter, vel si
quis dentes praecisores amiserit, vel castratus fuerit, et talis pro mahemiato
poterit adjudicari." Fleta, L. 1. c. 40. " Et volons que nul maheme ne soit
tenus forsque de membre tollet dount home est plus febie a combatre, sicome del
oyl, ou de la mayn, ou del pie, ou de la tete debruse, ou de les dentz devant."
Britton, c. 25. For further definitions, see Bracton, L. 3. c. 24. º 3. 4.
Finch L. B. 3. c. 12. Co. L.126. a. b.288. a. 3. Bl.121. 4. Bl. 205. Stamf. P.
C. L. 1. c. 41. I do not find any of these definitions confine the offence to
wilful and malicious perpetrations of it. 22. 23. Car. 2. c. 1. called the
Coventry act, has the words "on purpose and of malice forethought." Nor does
the Common law prescribe the same punishment for disfiguring, as for maiming.
(2) The punishment was by retaliation. "Et come ascun appele serra de tele
felonie atteint et attende jugement, si soit le judgment tiel que il perde
autriel membre come il avera tollet al pleintyfe. Et sy la pleynte soi faite de
femme que avera tollet a home ses membres, en tiel cas perdra la femme la une
meyn par jugement, come le membre dount ele axera trespasse." Britton, c. 25.
Fleta, B. 1. e. 40. Ll. Aelfr. 19. 40.



Appendix 229



be, for want of the same part, then as nearly as may be, in some other part of
at least equal value and estimation, in the opinion of a jury, and moreover,
shall forfeit one half of his lands and goods to the sufferer. Whosoever shall
counterfeit(1) any coin, current by law within this Commonwealth, or any paper
bills issued in the nature of money, or of certificates of loan on the credit
of this Commonwealth, or of all or any of the United States of America, or any
Inspectors' notes for tobacco, or shall pass any such



(1) 25.E.3. st. 5.c. 2. 5. El.c.11.18. El.c.1.8.9.W.3. c. 26. 15. 16. G. 2. c.
28. 7. Ann. c. 25. By the laws of Aethelstan and Canute, this was punished by
cutting off the hand. "Gif se mynetere ful wurthe slea man tha hand of, tho he
that ful mid worthe and sette uppon tha mynet smiththan." In English characters
and words "if the minter foul [criminal) wert, slay the hand off, that he the
foul [crime] with wrought, and set upon the mint-smithery." Ll. Aethelst. 14. "
Et si quis praeter hanc, falsam fecerit, perdat manum quacum falsam confecit."
Ll. Cnuti. 8. It had been death by the Ll. Aethelredi sub fine. By those of H.
1. "si quis cum falso denario inventus fueritfiat justitia mea, saltem de
dextro pugno et de testiculis." Anno 1108. Operae pretium v ero est audire quam
severus rex fuerit in pravos. Moretarios enim fere omnes totius Angliae fecit
ementulari, et manus dextras abscindi, quia monetam furtive corruperant.
Wilkins ib. et anno 1125. When the Common law became settled, it appears to
have been punishable by death. " Est aluid genus criminis quod sub nomine falsi
continetur, et tangit coronam domini regis, et ultimum inducit supplicium,
sicut de illis qui falsam fabricant monetam, et qui de re non reproba, faciunt
reprobam; sicut sunt retonsores denariorum. Bract. L. 3. c. º 2. Fleta, L. 1.
c. 22. º 4. Lord Hale thinks it was deemed petty treason at common law. 1. H.
P. C. 220. 224. The bringing in false money with intent to merchandize, and
make payment of it, is treason, by 25. E. 3. But the best proof of the
intention, is the act oú passing it, and why not leave room for repentance
here, as in other cases of felonies intended? 1. H. P. C. 229.



230       Jefferson's Works



counterfeit coin, paper, bills, or notes, knowing them to be counterfeit; or,
for the sake of lucre, shall diminish,(1) case, or wash any such coin, shall be
condemned to hard labor six years in the public works, and shall forfeit all
his lands and goods to the Commonwealth. (2) Whosoever committeth Arson, shall
be condemned to hard labor five years in the public works, and shall make good
the loss of the sufferers threefold.(3)



(1) Clipping, filing, rounding, impairing, scaling, lightening, (the words in
the statutes) are included in " diminishing; " gilding, in the word"casing;"
coloring in the word "washing;" and falsifying, or making, is "counterfeiting."
(2) 43. L. c. 13. confined to four counties. 22. 23. Car. 2. c. 7. 9. G.1. c.
22. 9. G. 3. c. 29. (3) Arson was a felony at Common law-3. Inst. 66 ; punished
by a fine, Ll. Aethelst. 6. But Ll. Cnuti. 61. make it a "scelus inexpiable."
"Hus brec and baernet and open thyfth aeberemorth and hlaford swice aefter
woruld laga is botleds." Word for word, "house break and burnt, and open theft,
and manifest murther, and lord-treachery, afterworld's law is bootless."
Bracton says it was punished by death. " Si quis turbida seditione incendium
fecerit nequiter et in.felonia, vel ob inimicitias, vel praedandi causa,
capitali puniatur poena vel sententia." Bract. L. 3. 27. He defines it as
commissible by burning "aedes alienas." Ib. Britton, c. 9. "Ausi soit enquis de
ceux que felonisement en temps de pees eient autre blees ou autre mesons ars,
et ceux que serrount de ceo atteyntz, soient ars issint que eux soient punys
par mesme cele chose dount ilz pecherent." Fleta, L. 1. c. 37. is a copy of
Bracton. The Mirror c. 1. º 8. says, "Ardours sont que ardent citie, ville,
maison home, maison beast, ou auters chatelx, de lour felonie en temps de pace
pour haine ou vengeance." Again, c. 2. º 11. pointing out the words of the
appellor "jeo dise que Sebright, &c., entiel meason ou biens mist de feu." Coke
3. Inst. 67. says, "the ancient authors extended this felony further than
houses, viz., to sacks of corn, waynes or carts of coal, wood or other goods."
He denies it as commissible, not only on the inset houses, parcel of the
mansion



Appendix 231



If any person shall, within this Commonwealth, or being a citizen thereof,
shall without the same, wilfully destroy,(1) or run(2) away with any
sea-vessel, , or goods laden on board thereof, or plunder or pilfer any wreck,
he shall be condemned to hard labor five years in the public works, and shall
make good the loss of the sufferers threefold. Whosoever committeth Robbery(3)
shall be condemned to hard labor four years in the public works, and shall make
double reparation to the persons injured. Whatsoever act, if committed on any
Mansion house, would be deemed Burglary,(4) shall be Bur



house, but the outset also, as barn, stable, cowhouse, sheep house, dairy
house, mill house, and the like, parcel of the mansion house. But "burning of a
barn, being no parcel of a mansion house, is no felony," unless there be corn
or hay within it. Ib. The 22. 23. Car. 2. and 9. G.1. are the principal
statutes against arson. They extend the offence beyond the Common law. (1) 1.
Ann. st. 2. c. 9. 12. Ann.c.18. 4.G.1.c.12. 26.G.2.c.19. (2) 11.12.W. 3. e. 7.
(3) Robbery was a felony at Common law. 3 Inst. 68. "Scelus inexpiable," by the
Ll. Cnuti. 61. [See before in Arson.] It was punished with death. Britt. c. 15,
"de robbours et de larouns et de semblables mesfesours, soit ausi ententivement
enquis-et tauntost soient ceux robbours juges a la mort." Fleta says, "si quis
convictus fuerit de bonis viri robbatis vel asportatis ad sectam regis judicium
capitale subibit. L. 1. c. 39. See also Bract. L. 3. c. 32. º 1. (4) Burglary
was felony at the Common law. 3 Inst. 63. It was not distinguished by ancient
authors, except the Mirror, from simple Housebreaking, ib. 65. Burglary and
House-breaking were called "Hamsockne diximus etiam de pacis violatione et de
immunitatibus domus, si quis hoc in posterum fecerit ut perdat omne quod habet,
et sit in regis arbitrio utrum vitam habeat. Eac we quaedon be mundbryce and be
ham socnum, sethe hit ofer this do thaet he dolie ealles thaes the age, and sy
on Cyninges dome hwaether he life age; and we quoth of



232 Jefferson's Works



glary, if committed on any other house ; and he, who is guilty of Burglary,
shall be condemned to hard labor four years in the public works, and shall make
double reparation to the persons injured. Whatsoever act, if committed in the
night time, shall constitute the crime of Burglary, shall, if committed in the
day, be deemed House-breaking;(1) and



mound-breach, and of home-seeking he who it after this do, that he dole all
that he owe [owns], and is in king's doom whether he life owes (owns]. L1.
Eadmundi. c. 6. and see Ll. Cnuti. 61. "hus brec," in notes on Arson. ante. A
Burglar was also called a Burgessor. " Et soit enqui.s de Burgessours et sunt
tenus Burgessours trestous ceux que felonisement en temps de pees debrusont
esglises ou auter mesons, ou murs ou portes de nos cytes, ou de nos Burghes."
Britt. c. 10. "Burglaria est nocturna diruptio habitaculi alicujus, vel
ecclesiae, etiam murorum, partarumve civitatis aut burgi, ad feloniam aliquam
perpetrandam. Noctanter dico, recentiores secutus; veteres enim hoc non
adjungunt. Spelm. gloss. verb. Burglaria. It was punished with death. Ib. citn.
from the office of a Coroner. It may be committed in the outset houses, as well
as inset. 3 Inst. 65. though not under the same roof or contiguous, provided
they be within the Curtilage or Homestall. 4 Bl. 225. As by the Common law, all
felonies were clergiable, the stat. 23 H.8.c.1.5.E.6.c.9. and 18 El.c.7. first
distinguished them, by taking the clerical privilege of impunity from the
principals, and 3. 4. W. M. c. 9. from accessories before the fact. No statute
defines what Burglary is. The 12 Ann. c.7. decides the doubt whether, where
breaking is subsequent to entry, it is Burglary. Bacon's Elements had affirmed,
and 1. H. P. C. 554. had denied it. Our bill must distinguish them by different
degrees of punishment. (1) At the Common law, the offence of Housebreaking was
not distinguished from Burglary, and neither of them from any other larceny.
The statutes at first took away clergy from Burglary, which made a leading
distinction between the two offences. Later statutes, however, have taken
clergy from so many cases of Housebreaking, as nearly to bring the offences
together again. These are 23 H. 8. c. 1. 1. E. 6. c. 12. 5 and 6 E. 6. c. 9. 3
and 4 W. M. c. 9. 39 El. c. 15. 10 and 11 W. 3 c. 23. 12 Ann. c. 7. See Barr.
428. 4 Bl. 24o. The circumstances which in these statutes Characterize the
offence. seem to have



Appendix 233



whosoever is guilty thereof, shall be condemned to hard labor three years in
the public works, and shall make reparation to the persons injured. . Whosoever
shall be guilty of Horse-stealing,(l) shall be condemned to hard labor three
years in the public works, and shall make reparation to the person injured.
Grand Larceny(2) shall be where the goods stolen are of the value of five
dollars ; and whosoever shall be guilty thereof, shall be forthwith put in the
pillory for one half hour, shall be condemned to hard labor(3)



 been occasional and unsystematical. The houses on which Burglary may be
committed, and the circumstances which constitute that crime being ascertained,
it will be better to define Housebreaking by the same subjects and
circumstances, and let the crimes be distinguished only by the hour at which
they are committed, and the degree of punishment. (1) The offence of
Horse-stealing seems properly distinguishable from other larcenies, here, where
these animals generally run at large, the temptation being so great and
frequent, and the facility of commission so remarkable. See 1 E. 6. c. 12. 23
E. 6. c. 33. 31 El. c. 12. (2) The distinction between grand and petty larceny,
is very ancient. At first 8d. was the sum which constituted grand larceny. Ll.
Aethelst. c. 1. " Ne parcatur ulli furi, qui furtum manutenens captus sit,
supra 12. annos nato, et supra 8. denarios." Afterwards, in the same king's
reign it was raised to 12d. "non parcatur alicui furi ultra 12 denarios, et
ultra 12 annos nato-ut occidemus illum et capiamus omne quod possidet, et
imprimis sumamus rei furto ablatae pretium ab haerede, ac dividatur postea
reliquum in duas partes, una pars uxori, si munda, et facinoris conscia non
sit; et residuum in duo, dimidium capiat rex, dimidium societas." Ll. Aethelst.
Wilkins, p. 65. (3) Ll. Inae. c. 7. "Si quis furetur its ut uxor ejus et infans
ipsius nesciant, solvat 60. solidos poenae loco. Si autem furetur testantibus
omnibus haeredibus suis, abeant omnes in servitutem." Ina was king of the
West-Saxons, and began to reign A. C. 688. After the union of



234 Jefferson's Works



two years in the public works, and shall make reparation to the person injured.
Petty Larceny shall be, where the goods stolen are of less value than five
dollars ; and whosoever shall be guilty thereof, shall be forthwith put in the
pillory for a quarter of an hour, shall be condemned to hard labor one year in
the public works, and shall make reparation to the person injured. Robbery(1)
or larceny of bonds, bills obligatory, bills of exchange, or promissory notes
for the pay



the Heptarchy, I. e. temp. Aethelst. inter 924 and 940, we find it punishable
with death as above. So it was inter 1017 and 1035, I. e. temp.Cnuti. Ll. Cnuti
61. cited in notes on Arson. In the time of William the Conqueror, it seems to
have been made punishable by fine only. Ll. Gul. conq. apud Wilk. p. 218, 220.
This commutation, however, was taken away by Ll. H. 1. anno 1108. "Si quis in
furto vel latrocinio deprehensus fuisset, suspenderetur; sublata wirgildorum,
id est, pecuniarae redemptionis lege." Larceny is the felonious taking and
carrying away of the personal goods of another. 1. As to the taking, the 3. 4.
W. M. c. 9 º 5. is not additional to the Common law, but declaratory of it;
because where only the care or use, and not the possession, of things is
delivered, to take them was larceny at the Common law. The 33. H. 6. c. 1. and
21 H. 8. c. 7. indeed, have added to the Common law, by making it larceny in a
servant to convert things of his master's. But quaere, if they should be
imitated more than as to other breaches of trust in general? 2. As to the
subject of larceny, 4 G. 2. c. 32. 6 G. 3. c. 36. 48. 43. El. c. 7. 15. Car. 2.
c. 2. 23. G. 2. c. 26. 31. G. 2. c. 35. 9. G. 3. c. 41. 25. G. 2. c. 10. have
extended larceny to things of various sorts either real, or fixed to the
reality. But the enumeration is unsystematical, and in this country, where the
produce of the earth is so spontaneous, as to have rendered things of this kind
scarcely a breach of civility or good manners, in the eyes of the people,
quaere, if it would not too much enlarge the field of Criminal law? The same
may be questioned of 9 G. 1. c. 22. 13 Car. 2. c. 10. 10 G. 2. c. 32. 5 G. 3.
c. 14. 22 and 23 Car. 2. c. 25. 37 E. 3. c. ig. making it felony to steal
animals ferae naturae€ (1)2G.2.c.25.º3.7.G.3.c.50.



Appendix 235



ment of money or tobacco, lottery tickets, paper bills issued in the nature of
money, or of certificates of loan on the credit of this Commonwealth, or of all
or any of the United States of America, or Inspectors' notes for tobacco, shall
be punished in the same manner as robbery or larceny of the money or tobacco
due on, or represented by such papers.



Buyers(l) and receivers of goods taken by way of robbery or larceny, knowing
them to have been so taken, shall be deemed accessaries to such robbery or
larceny after the fact. Prison-breakers,(2) also, shall be deemed accessaries
after the fact, to traitors or felons whom they enlarge from prison.(3)



(1)3. 4. W. M. c. 9. º 4. 5 Ann. c. 31. º 5. 4 G. 1. c. 11. º 1. (2) 1 E. 2.
(3) Breach of prison at the Common law was capital without regard to the crime
for which the party was committed. "Cum pro criminis qualitate in carcerem
recepti fuerint, conspiraverint (ut ruptis vinculis aut fracto carcere)
evadant, amplius (quam causa pro qua recepti sunt exposeit) puniendi sunt,
videlicet ultimo supplicio, quamvis ex eo crimine innocentes inveniantur,
propter quod inducti sunt in carcerem et imparcati." Bracton L. 3. c. 9. º 4.
Britt. c. 11. Fleta, L. 1. c. 26. º 4€ Yet in the Y. B. Hill. 1. H. 7. 2.
Hussey says, that by the opinion of Billing and Choke, and all the justices, it
was a felony in strangers only, but not in the prisoner himself. S. C. Fitz.
Abr. Coron. 48. They are principal felons, not accessories. ib. Whether it was
felony in the prisoner at Common law, is doubted. Stam. P. C. 30. b. The Mirror
c. 5. º 1, says, "abusion est a tener escape de prisoner, ou de bruserie del
gaole pur peche mortell, car cel usage nest garrant per nul ley, ne in nul part
est use forsque in cest realme, et en France, eins [mais] est leu garrantie de
ceo faire per la ley de nature." 2 Inst. 589. The stat. 1. E. 2. de
fraugentibus prisonam, restrained the judgment of life and limb for prison
breaking, to cases where the offence of the prisoner required such judgment.



 236



Jefferson's Works All attempts to delude the people, or to abuse their
understanding by exercise of the pretended arts of witchcraft, conjuration,
enchaantment, orsorcery, or by pretended prophecies, shall be punished by
dunking and whipping, at the discretion of a jury, not exceeding fifteen
stripes.(1) If the principal offenders be fled,(2) or secreted from justice, in
any case not touching life or member, the



It is not only vain, but wicked, in a legislator to frame laws in opposition to
the laws of nature, and to arm them with the terrors of death. This is truly
creating crimes in order to punish them. The law of nature impels every one to
escape from confinement; it should not, therefore, be subjected to punishment.
Let the legislator restrain his criminal by walls, not by parchment. As to
strangers breaking prison to enlarge an offender, they should, and may be
fairly considered as accessaries after the fact. This bill says nothing of the
prisoner releasing himself by breach of jail, he will have the benefit of the
first section of the bill, which repeals the judgment of life and death at the
common law. (1) Gif wiccan owwe wigleras nansworan, owwe morthwyrhtan owwe fule
afylede aebere horcwenan ahwhar on lande wurthan agytene, thonne fyrsie man of
earde and claensie tha theode, owwe on earde forfare hi mid ealle, buton hi
geswican and the deoper gebetan: if witches, or weirds, man-swearers, or
murther-wroughters, or foul, defiled, open whore-queens, anywhere in the land
were gotten, then force them off earth, and cleanse the nation, or in earth
forth-fare them withal, buton they beseech, and deeply better. Ll. Ed. et
Guthr. c. 11. "Sagae, mulieres barbara, factitantes sacrificia, aut pestiferi,
si cui mortem intulerint, neque id inficiari poterint, capitis poena esto." Ll.
Aethelst. c. 6. apud Lambard. Ll. Aelfr. 30. Ll. Cnuti. c. 4. "Mesme cel
jugement (d'etrears) eyent sorcers, et sorceresses, &c. ut supra. Fleta ut et
ubi supra. 3. Inst. 44. Trial of witches before Hale in 1664. The statutes 33
H. 8. c. 8. 5. El. c. 16 and 1. Jac. 1. c. 12. seem to be only in confirmation
of the Common law. 9 G. 2. c. 25. punishes them with pillory, and a year's
imprisonment. 3 E. 6. c. I5. 5 El. c. 15. Punish fond, fantastical and false
prophecies, by fine and imprisonment. (2) l Ann.c.9.º2.



Appendix 237



accessaries may, notwithstanding, be prosecuted as if their principal were
convicted.(l) If any offender stand mute of obstinacy,(2) or challenge
peremptorily more of the jurors than by law he may, being first warned of the
consequence thereof, the court shall proceed as if he had confessed the
charge.(3) Pardon and Privilege of clergy, shall henceforth be abolished, that
none may be induced to injure through hope of impunity. But if the verdict be
against the defendant, and the court before whom the offence is heard and
determined, shall doubt that it may be untrue for defect oú testimony, or other
cause, they may direct a new trial to be had.(4)



(1) As every treason includes within it a misprision of treason, so every
felony includes a misprision, or misdemeanor. 1 Hale P. C. 652. 708. "Licet
fuerit felonia, tamen in eo continetur misprisio." 2 R. 3. 10. Both principal
and accessary, therefore, may be proceeded against in any case, either for
felony or misprision, at the Common law. Capital cases not being mentioned
here, accessaries to them will of course be triable for misprisions, if the
offender flies.



(2) E. 1. c. 12. (3) Whether the judgment of penance lay at Common law. See 2
Inst. 178. 2 H. P. C. 321. 4 Bl. 322. It was given on standing mute; but on
challenging more than the legal number whether that sentence, or sentence of
death is to be given, seems doubtful. 2 H. P. C. 316. Quaere, whether it would
not be better to consider the supernumerary challenge as merely void, and to
proceed in the trial? Quaere too, in case of silence? (4) "Cum Clericus sic de
crimine convictus degradetur non sequitur alia poena pro uno delicto, vel
pluribus ante degradationem perpetratis. Satis enim sufficit ei pro poena
degradatio, quae est magna capitis diminutio, nisi forte convictus fuerit de
apostatia quia hinc primo degradetur, et postea per manum laicalem comburetur,
secundum quod accidit in concilio Oxoni celebrato a bonae memoriae S.
Cantuanen. Archiepiscopo de quodam diacono, qui se apostatavit pro-



238 Jefferson's Works



No attainder shall work corruption of blood in any case. In all cases of
forfeiture, the widow's dower shall be saved to her, during her title thereto;
after which



quadam Judaea; qui cum esset per episcopum degradatus, statim fuit igni
traditus per manum laicalem." Bract. L. 3. c. 9. º 2. " Et mesme cel jugement
(I. e. qui ils soient ars) eyent sorcers et sorceresses et sodomites et
mescreauntz apertement atteyntz." Britt. c. 9. "Christiani autem Apostatae,
sortileg€, et hujusmodi detractari debent et comburi." Fleta, L. 1. c. 37. º 2.
see 3. Inst. 39. 12. Rep. 92. 1. H. P. C. 393. The extent of the clerical
privilege at the Common law. 1. As to the crimes, seems very obscure and
uncertain. It extended to no case where the judgment was not of life, or limb.
NOTE in 2. H. P. C. 326. This therefore excluded it in trespass, petty larceny,
or killing se defendendo. In high treason against the person of the King, it
seems not to have been allowed. NOTE 1. H. p. C. 185. Treasons, therefore, not
against the King's person immediately, petty treasons and felonies, seem to
have been the cases where it was allowed; and even of those, not for insidiatio
varium, depopulatio agrorum, or combustio domorum. The statute de Clero, 25. E.
3. st. 3. c. 4. settled the law on this head. 2. As to the persons, it extended
to all clerks, always, and toties quoties. 2. H. P. C. 374€ To nuns also. Fitz.
Abr. Corone. 461.22. E. 3. The clerical habit and tonsure were considered as
evidence of the person being clerical. 26. Assiz. 19. 20. E. 2. Fitz. Corone.
233. By the 9. E. 4. 28. b. 34. H. 6. 49 a. b. simple reading became the
evidence. This extended impunity to a great number of laymen, and toties
quoties. The stat. 4. H. 7. c.13. directed that real clerks should, upon a
second arraignment, produce their orders, and all others to be burnt in the
hand with M. or T. on the first allowance of clergy, and not to be admitted to
it a second time. A heretic, Jew, or Turk (as being incapable of orders) could
not have clergy. 11. Co. Rep. 29 b. But a Greek, or other alien, reading in a
book of his own country, might. Bro. Clergie. 20. So a blind man, if he could
speak Latin. Ib. 21. qu. 11. Rep. 29. b. The orders entitling the party, were
bishops, priests, deacons and subdeacons, the inferior being reckoned Clerici
in minoribus. 2. H. P. C. 373. Quaere, however, if this distinction is not
founded on the stat. 23. H. 8. c. 1. 25. H. 8. c. 32? By merely dropping all
the statutes, it should seem that none but clerks would be entitled to this
privilege, and that they would, toties quoties.



Appendix 239



it shall be disposed of as if no such saving had been. The aid of Counsel,(1)
and examination of their witnesses on oath, shall be allowed to defendants in
criminal prosecutions. Slaves guilty of any offence(2) punishable in others by
labor in the public works, shall be transported to such parts in the West
Indies, South America, or Africa, as the Governor shall direct, there to be
continued in slavery.







[NOTE F.]



Notes on the Establishment of a Money Unit, and of a Coinage for the United
States.



In fixing the Unit of Money, these circumstances are of principal importance.



I. That it be of convenient size to be applied as a measure to the common money
transactions of life. II. That its parts and multiples be in an easy proportion
to each other, so as to facilitate the money arithmetic. III. That the Unit and
its parts, or divisions, be so nearly of the value of some of the known coins,
as that they may be of easy adoption for the people. The Spanish Dollar seems
to fulfil all these conditions.



(1) 1. Ann. c. 9. (2) Manslaughter, counterfeiting, arson, asportation of
vessels, robbery, burglary, house-breaking, horse-stealing, larceny. 



240  Jefferson's Works



I. Taking into our view all money transactions, great and small, I question if
a common measure of more convenient size than the Dollar could be proposed. The
value of 100, 1000, 10,000 dollars is well estimated by the mind; so is that of
the tenth or the hundredth of a dollar. Few transactions are above or below
these limits. The expediency of attending to the size of the money Unit will be
evident, to any one who will consider how inconvenient it would be to a
manufacturer or merchant, if, instead of the yard for measuring cloth, either
the inch or the mile had been made the Unit of Measure. II. The most easy ratio
of multiplication and division, is that by ten. Every one knows the facility of
Decimal Arithmetic. Every one remembers, that, when learning Money-Arithmetic,
he used to be puzzled with adding the farthings, taking out the fours and
carrying them on; adding the pence, taking out the twelves and carrying them
on; adding the shillings, taking out the twenties and carrying them on; but
when he came to the pounds, where he had only tens to carry forward, it was
easy and free from error. The bulk of mankind are schoolboys through life.
These little perplexities are always great to them. And even mathematical heads
feel the relief of an easier, substituted for a more difficult process.
Foreigners, too, who trade and travel among us, will find a great facility in
understanding our coins and accounts from this 


Appendix 24I



ratio of subdivision. Those who have had occasion to convert the livres, sols,
and deniers of the French; the gilders, stivers, and frenings of the Dutch; the
pounds, shillings, pence, and farthings of these several States, into each
other, can judge how much they would have been aided, had their several
subdivisions been in a decimal ratio. Certainly, in all cases, where we are
free to choose between easy and difficult modes of operation, it is most
rational to choose the easy. The Financier, therefore, in his report, well
proposes that our Coins should be in decimal proportions to one another. If we
adopt the Dollar for our Unit, we should strike four coins, one of gold, two of
silver, and one of copper, viz : 1. A golden piece, equal in value to ten
dollars : 2. The Unit or Dollar itself, of silver: 3. The tenth of a Dollar, of
silver also : 4. The hundredth of a Dollar, of copper. Compare the arithmetical
operations, on the same sum of money expressed in this form; and expressed in
the pound sterling and its division.

 

               £  s. d. qrs. Dollars.                          £  s. d. qrs.
Dollars. 

Addition. 8 13 11 1-2 = 38.65        Subtraction. 8 13 11 1-2 =38.65 

               4 12   8  3-4=20:6l                              4 12   8 
3-4=20.61

             13   6   8  1-4=59.26                             4   1   2  
3-4=18.04 

Multiplication by 8.                                           Division by 8. 

              £  s . d.  qrs. Dollars.                           £  s . d. qrs.
Dollars. 

               8 13 11 1-2 =38.65                               8 13 11 1-2 =8)
38.65

             20                          8                             20      
                4.83



           173                $309.20                           173

             12                                                          12



         2087                                                       2087



VOL.. 1-16



242 Jefferson's Works



                     4                                              4

               8350                                       8)8350

                     8                                       4)1043

          4)66.800                                     12) 260   3-4 

          12)l6700                                         20) 21 8 3-4 

          20) 1391 8                                        £1 1 8 3-4 

                 £ 69 11 8



A bare inspection of the above operations will evince the labor which is
occasioned by subdividing the Unit into 20ths, 240ths, and 960ths, as the
English do, and as we have done ; and the ease of subdivision in a decimal
ratio. The same difference arises in making payment. An Englishman, to pay £8,
13s. 11d. 1-2 qrs., must find, by calculation, what combination of the coins of
his country will pay this sum ; but an American, having the same sum to pay,
thus expressed $38.65, will know, by inspection only, that three golden pieces,
eight units or dollars six tenths, and five coppers, pay it precisely. III. The
third condition required is, that the Unit, its multiples, and subdivisions,
coincide in value with some of the known coins so nearly, that the people may,
by a quick reference in the mind, estimate their value. If this be not attended
to, they will be very long in adopting the innovation, if ever they adopt it.
Let us examine, in this point of view, each of the four coins proposed. 1. The
golden piece will be 1-5 more than a half joe, and 1-15 more than a double
guinea. It will be readily estimated, then, by reference to either of them ;
but more readily and accurately as equal to ten dollars.



Appendix 243



2. The Unit, or Dollar, is a known coin, and the most familiar of all, to the
minds of the people. It is already adopted from South to North; has identified
our currency, and therefore happily offers itself as a Unit already introduced.
Our public debt, our requisitions, and their appointments, have given it actual
and long possession of the place of Unit. The course of our commerce, too, will
bring us mor e of this than of any other foreign coin, and therefore renders it
more worthy of attention. I know of no Unit which can be proposed in
competition with the Dollar, but the Pound. But what is the Pound? 1547 grains
of fine silver in Georgia; 1289 grains in Virginia, Connecticut, Rhode Island,
Massachusetts, and New Hampshire; 1031 1-4 grains in Maryland, Delaware,
Pennsylvania, and New Jersey; 966 3-4 grains in North Carolina and New York.
Which of these shall we adopt ? To which State give that pre-eminence of which
all are so jealous? And on which impose the difficulties of a new estimate of
their corn, their cattle, and other commodities? Or shall we hang the pound
sterling, as a common badge, about all their necks ? This contains 1718 3-4
grains of pure silver. It is difficult to familiarize a new coin to the people;
it is more difficult to familiarize them to a new coin with an old name.
Happily, the dollar is familiar to them all, and is already as much referred to
for a measure of value, as their respective provincial pounds. 3. The tenth
will be precisely the Spanish bit, or



244 Jefferson's Works



half pistareen. This is a coin perfectly familiar to us all. When we shall make
a new coin, then, equal in value to this, it will be of ready estimate with the
people. 4. The hundredth, or copper, will differ little from the copper of the
four Eastern States, which is 1-108 of a dollar; still less from the penny of
New York and North Carolina, which is 1-96 of a dollar; and somewhat more from
the penny or copper of Jersey, Pennsylvania, Delaware, and Maryland, which is
1-90 of a dollar. It will be about the medium between the old and the new
coppers of these States, and will therefore soon be substituted for them both.
In Virginia, coppers have never been in use. It will be as easy, therefore, to
introduce them there of one value as of another. The copper coin proposed will
be nearly equal to three-fourths of their penny, which is the same with the
penny lawful of the Eastern States. A great deal of small change is useful in a
State, and tends to reduce the price of small articles. Perhaps it would not be
amiss to coin three more pieces of silver, one of the value of five-tenths, or
half a dollar, one of the value of two-tenths, which would be equal to the
Spanish pistareen, and one of the value of five coppers, which would be equal
to the Spanish half-bit. We should then have five silver coins, viz.: 1. The
Unit or Dollar: 2. The half-dollar or five-tenths:



Appendix 245



3. The double tenth, equal to 2, or one-fifth of a dollar, or to the pistareen
: 4. The tenth, equal to a Spanish bit :



5. The five copper piece, equal to .5, or one- twentieth of a dollar, or the
half-bit. The plan reported by the Financier is worthy of his sound judgment.
It admits, however, of objection, in the size of the Unit. He proposes that
this shall be the 1440th part of a dollar: so that it will require 1440 of his
units to make the one before proposed. He was led to adopt this by a
mathematical attention to our old currencies, all oú which this Unit will
measure without leaving a fraction, But as our object is to get rid of those
currencies, the advantage derived from this coincidence will soon be past,
whereas the inconveniences of this Unit will forever remain, if they do not
altogether prevent its introduction. It is defective in two of the three
requisites oú a Money Unit. 1. It is inconvenient in its application to the
ordinary money transactions. 10, 000 dollars will require eight figures to
express them, to wit, 14,400,000 units. A horse or bullock of eighty dollars
value, will require a notation of six figures, to wit, 115,200 units. As a
money of account, this will be laborious, even when facilitated by the aid of
decimal arithmetic: as a common measure of the value of property, it will be
too minute to be comprehended by the people. The French are subjected to very
laborious calculations, the Livre being their ordinary money



246 Jefferson's Works



of account, and this but between 1-5th and 1-6th of a dollar; but what will be
our labors, should our money of account be 1-l440th of a dollar? 2. It is
neither equal, nor near to any of the known coins in value. If we determine
that a Dollar shall be our Unit, we must then say with precision what a Dollar
is. This coin, struck at different times, of different weights and fineness, is
of different values. Sir Isaac Newton's assay and representation to the Lords
of the Treasury, in 1717, of those which he examined, make their values as
follows:



                                              dwts. grs. 

The Seville piece of eight. .  .  17-12 containing 387 grains of pure silver

The  Mexico piece of eight .  .17-10 5-9 " 385 1-2

The Pillar piece of eight. . .    .17-9 " 385 3-4 

The new Seville piece of eight 14- " 308 7-10 



The Financier states the old dollar as containing 376 grains of fine silver,
and the new 365 grains. If the Dollars circulating among us be of every date
equally, we should examine the quantity of pure metal in each, and from them
form an average for our Unit. This is a work proper to be committed to
mathematicians as well as merchants, and which should be decided on actual and
accurate experiment. The quantum of alloy is also to be decided. Some is
necessary, to prevent the coin from wearing too fast; too much, fills our
pockets with copper, instead of silver. The silver coin assayed by Sir Isaac
Newton, varied from 1 1-2 to 76 pennyweights alloy, in



Appendix 247

the pound troy of mixed metal. The British standard has 18 dwt. ; the Spanish
coins assayed by Sir Isaac Newton, have from 18 to 19 1-2 dwt.; the new French
crown has in fact 19 1-2, though by edict, it should have 20 dwt., that is
1-12. The taste of our countrymen will require, that their furniture plate
should be as good as the British standard. Taste cannot be controlled by law.
Let it then give the law, in a point which is indifferent to a certain degree.
Let the Legislature fix the alloy of furniture plate at 18 dwt., the British
standard, and Congress that of their coin at one ounce in the pound, the French
standard. This proportion has been found convenient for the alloy of gold coin,
and it will simplify the system of ...our mint to alloy both metals in the same
degree. The coin, too, being the least pure, will be the less easily melted
into plate. These reasons are light, indeed, and, of course, will only weigh,
if no heavier ones can be opposed to them. The proportion between the values of
gold and silver is a mercantile problem altogether. It would be inaccurate to
fix it by the popular exchanges of a half Joe for eight dollars, a Louis for
four French crowns, or five Louis for twenty-three dollars. The first of these,
would be to adopt the Spanish proportion between gold and silver ; the second,
the French; the third, a mere popular barter, wherein convenience is consulted
more than accuracy. The legal proportion in Spain is 16 for 1; in England 15
1-2 for



248 Jefferson's Works



1; in France, 15 for 1. The Spaniards and English are found, in experience, to
retain an over-proportion of gold coins, and to lose their silver. The French
have a greater proportion of silver. The difference at market has been on the
decrease. The Financier states it at present, as at 14 1-2 for one. Just
principles will lead us to disregard legal proportions altogether; to enquire
into the market, price of gold, in the several countries with which we shall
principally be connected in commerce, and to take an average from them. Perhaps
we might, with safety, lean to a proportion somewhat above par for gold,
considering our neighborhood, and commerce with the sources of the coins, and
the tendency which the high price of gold in Spain has, to draw thither all
that of their mines, leaving silver principally for our and other markets. It
is not impossible that 15 for 1, may be found an eligible proportion. I state
it, however, as a conjecture only. As to the alloy for gold coin, the British
is an ounce in the pound; the French, Spanish, and Portuguese differ from that,
only from a quarter of a grain, to a grain and a half. I should, therefore,
prefer the British, merely because its fraction stands in a more simple form,
and facilitates the calculations into which it enters. Should the Unit be fixed
at 365 grains of pure silver, gold at 15 for 1, and the alloy of both be
one-twelfth, the weight of the coins, will be as follows:



Appendix 249



                                          Grains.                         
Grains.                            dwt. Grains. 

The Golden piece containing 242 1-3 of pure metal, 22.12 of alloy, will weigh
11--1.45 

The Unit or Dollar .              365 . . .                        33.18 . .   
                      .16-14.18 

The half dollar, or five

                            tenths . . . 182 1-2 . .                   . 16.59
. .                          . 8-7.09  

The fifth, or Pistareen,                  73 . .                       6.63 . .
                           3-7.63 

The tenth, or Bit,                     36 1-2 . . .                    3 318 .
. .                        1-15.818 

The twentieth, or half Bit,         18 1-4 .                     1.659         
                         19.9



The quantity of fine silver which shall constitute the Unit, being settled, and
the proportion of the value of gold to that of silver; a table should be formed
from the assay before suggested, classing the several foreign coins according
to their fineness, declaring the worth of a pennyweight or grain in each class,
and that they shall be lawful tenders at those rates, if not clipped or
otherwise diminished; and, where diminished, offering their value for them at
the mint, deducting the expense of re-coinage. Here the Legislatures should
co-operate with Congress, in providing that no money be received or paid at
their treasuries, or by any of their officers, or any bank, but on actual
weight ; in making it criminal, in a high degree, to diminish their own coins,
and, in some smaller degree, to offer them in payment when diminished. That
this subject may be properly prepared, and in readiness for Congress to take up
at their meeting in November, something must now be done. The present session
drawing to a close, they probably would not choose to enter f ar into this
undertaking themselves. The Committee of the States, however, during the
recess, will have time to digest it thoroughly, if Congress will fix some
general



250 Jefferson's Works



principles for their government. Suppose they be instructed, To appoint proper
persons to assay and examine, , with the utmost accuracy practicable, the
Spanish milled dollars of different dates, in circulation with us. To assay and
examine, in like manner, the fineness of all the other coins which may be found
in circulation within these States. To report to the Committee the result of
these assays, by them to be laid before Congress. To appoint, also, proper
persons to enquire what are the proportions between the values of fine gold,
and fine silver, at the markets of the several countries with which we are, or
probably may be, connected in commerce; and what would be a proper proportion
here, having regard to the average of their values at those markets, and to
other circumstances , and to report the same to the Committee, by them to be
laid before Congress. To prepare an Ordinance for establishing the Unit of
Money within these States; for subdividing it; and for striking coins of gold,
silver, and copper, on the following principles: That the Money Unit of these
States shall be equal in value to a Spanish milled dollar containing so much
fine silver as the assay, before directed, shall show to be contained, on an
average, in dollars of the several dates in circulation with us. That this Unit
shall be divided into tenths andhundredths; that there shall be a coin of
silver of the



Appendix 251



value of a Unit ; one other of the same metal, of the value of one-tenth of a
Unit ; one other of copper, of the value of the hundredth of a Unit. That there
shall be a coin of gold of the value of ten Units, according to the report
before directed, and the judgment of the Committee thereon. That the alloy of
the said coins of gold and silver, shall be equal in weight to one-eleventh
part of the fine metal. That there be proper devices for these coins, That
measures be proposed for preventing their diminution, and also their currency,
and that of any others, when diminished. That the several foreign coins be
described and classed in the said Ordinance, the fineness of each class stated,
and its value by weight estimated in Units and decimal parts of Units. And that
the said draught of an Ordinance be reported to Congress at their next meeting,
for their consideration and determination.



Supplementary Explanations.



The preceding notes having been submitted to the consideration of the
Financier, he favored me with his opinion and observations on them, which
render necessary the following supplementary explanations. I observed, in the
preceding notes, that the true proportion of value between gold and silver was
a mercantile problem altogether, and that, perhaps, fifteen for one, might be
found an eligible proportion.



252 Jefferson's Works



The Financier is so good as to inform me, that this would be higher than the
market would justify. Confident of his better information on this subject, I
recede from that idea.(1) He also informs me, that the several coins, in
circulation among us, have been already assayed with accuracy, and the result
published in a work on that subject. The assay of Sir Isaac Newton had
superseded, in my mind, the necessity of this operation as to the older coins,
which were the subject of his examination. This later work, with equal reason,
may be considered as saving the same trouble as to the latter coins. So far,
then, I accede to the opinions of the Financier. On the other hand, he seems to
concur with me; in thinking his smallest fractional division too minute for a
Unit, and, therefore, proposes to transfer that denomination to his largest
silver coin, containing 1000 of the units first proposed, and worth about 4.s.
2d. lawful, or 25-36 of a Dollar. The only question then remaining between us
is, whether the Dollar, or this coin, be best for the Unit. We both agree that
the ease of adoption with the people, is the thing to be aimed at.



(1) In a newspaper, which frequently gives good details in political economy, I
find, under the Hamburgh head, that the present market price of Gold and Silver
is, in England, 15.5 for 1: in Russia, 15: in Holland, 14.75: in Savoy, 14.6:
in France, 14.42: in Spain, 14.3: in Germany, 14.155: the average of which is
14.675 or 14 5-8. I would still incline to give a little more than the market
price for gold, because of its superior convenience in transportation.



Appendix 253



1. As to the Dollar, events have overtaken and superseded the question. It is
no longer a doubt whether the people can adopt it with ease ; they have adopted
it, and will have to be turned out of that, into another tract of calculation,
if another Unit be assumed. They have now two Units, which they use with equal
facility, viz., the Pound of their respective State, and the Dollar. The first
of these is peculiar to each State : the second, happily, common to all. In
each State, the people have an easy rule of converting the pound of their State
into dollars, or dollars into pounds; and this is enough for them, without
knowing how this may be done in every State of the Union. Such of them as live
near enough the borders of their State to have dealings with their neighbors,
learn also the rule of their neighbors : thus, in Virginia and the Eastern
States, where the dollar is 6s. or 3-10 of a pound, to turn pounds into
dollars; they multiply by 10 and divide by 3. To turn dollars into pounds, they
multiply by 3, and divide by 10. Those in Virginia who live near to Carolina,
where the dollar is 8s. or 4-10 of a pound, learn the operation of that State,
which is a multiplication by 4, and division by 10, et e converso. Those who
live near Maryland, where the dollar is 7s. 6d. or 3-8 of a pound, multiply by
3, and divide by 8, et e converso. All these operations are easy, and have been
found, by experience, not too much for the arithmetic of the people, when they
have occasion to convert their old Unit into dollars, or the reverse.



254 Jefferson's Works



2. As to the Unit of the Financier; in the States where the dollar is 3-10 of a
pound, this Unit will be 5-24. Its conversion into the pound then, will be by a
multiplication of 5, and a division by 24. In the States where the dollar is
3-8 of a pound, this Unit will be 25-96 of a pound, and the operation must be
to multiply by 2 5, and divide by 96, et e converso. Where the dollar is 4-10
of a pound, this Unit will be 5-18. The simplicity of the fraction, and of
course the facility of conversion and reconversion, is therefore against this
Unit, and in favor of the dollar, in every instance. The only advantage it has
over the dollar, is that it will in every case express our farthing without a
remainder; whereas, though the dollar and its decimals will do this in many
cases, it will not in all. But, even in these, by extending your notation one
figure further, to wit, to thousands, you approximate to perfect accuracy
within less than the twothousandth part of a dollar ; an atom in money which
every one would neglect. Against this single inconvenience, the other
advantages of the dollar are more than sufficient to preponderate. This Unit
will present to the people a new coin, and whether they endeavor to estimate
its value by comparing it with a Pound, or with a Dollar, the Units they now
possess, they will find the fraction very compound, and of course less
accommodated to their comprehension and habits than the dollar. Indeed the
probability is, that they could never be led to compute in it generally.



Appendix 255



The Financier supposes that the 1-100 part of a dollar is not sufficiently
small, where the poor are purchasers or vendors. If it is not, make a smaller
coin. But I suspect that it is small enough. Let us examine facts, in countries
where we are acquainted with them. In Virginia, where our towns are few, small,
and of course their demand for necessaries very limited, we have never yet been
able to introduce a copper coin at all. The smallest coin which anybody will
receive there, is the half-bit, or 1-20 of a dollar. In those States where the
towns are larger and more populous, a more habitual barter of small wants, has
called for a copper coin of 1-90, 1-96, or 1-108 of a dollar. In England, where
the towns are many and populous, and where ages of experience have matured the
conveniences of intercourse, they have found that some wants may be supplied
for a farthing, or 1-208 of a dollar, and they have accommodated a coin to this
want. This business is evidently progressive. In Virginia, we are far behind.
In some other States, they are further advanced, to wit, to the appreciation of
1-90,1-96,1-108 of a dollar. To this most advanced state, then, I accommodated
my smallest coin in the decimal arrangement, as a money of payment,
corresponding with the money of account. I have no doubt the time will come
when a smaller coin will be called for. When that comes, let it be made. It
will probably be the half of the copper I suppose, that is to say, 5-1000 or
.005 of a dollar, this being



256 Jefferson's Works



very nearly the farthing of England. But it will be time enough to make it,
when the people shall be ready to receive it. My proposition then, is, that our
notation of money shall be decimal, descending ad libitum of the person noting;
that the Unit of this notation shall be a Dollar; that coins shall be
accommodated to it from ten dollars to the hundredth of a dollar; and that, to
set this on foot, the resolutions be adopted which were proposed in the notes,
only substituting an enquiry into the fineness of the coins in lieu of an assay
of them.







[NOTE G.] I have sometimes asked myself, whether my country is the better for
my having lived at all ? I do not know that it is. I have been the instrument
of doing the following things; but they would have been done by others; some of
them, perhaps, a little better. The Rivanna had never been used for navigation;
scarcely an empty canoe had ever passed down it. Soon after I came of age, I
examined its obstructions, set on foot a subscription for removing them, got an
Act of Assembly passed, and the thing effected, so as to be used completely and
fully for carrying down all our produce. The Declaration of Independence. I
proposed the demolition of the church establishment, and the freedom of
religion. It could only



Appendix 257



 be done by degrees; to wit, the Act of 1776, c. 2. exempted dissenters from
contributions to the Church, and left the Church clergy to be supported by
voluntary contributions of their own sect ; was continued from year to year,
and made perpetual 1779, c. 36. I prepared the act for religious freedom in
1777, as part of the revisal, which was not reported to the Assembly till 1779,
and that particular law not passed till 1785, and then by the efforts of Mr.
Madison. The act putting an end to entails. The act prohibiting the importation
of slaves. The act concerning citizens, and establishing the natural right of
man to expatriate himself, at will. The act changing the course of descents,
and giving the inheritance to all the children, &c., equally, I drew as part of
the revisal. The act for apportioning crimes and punishments, part of the same
work, I drew. When proposed to the legislature, by Mr. Madison, in 1785, it
failed by a single vote. G. K. Taylor afterwards, in 1796, proposed the same
subject; avoiding the adoption of any part of the diction of mine, the text of
which had been studiously drawn in the technical terms of the law, so as to
give no occasion for new questions by new expressions. When I drew mine, public
labor was thought the best punishment to be substituted for death. But, while I
was in France, I heard of a society in England, who had successfully introduced
solitary confinement, and saw the draw



VOL.. 1-17



258 Jefferson's Works



ing of a prison at Lyons, in France, formed on the idea of solitary
confinement. And, being applied to by the Governor of Virginia for the plan of
a Capitol and Prison, I sent him the Lyons plan, accompanying it with a drawing
on a smaller scale, better adapted to our use. This was in June, 1786. Mr.
Taylor very judiciously adopted this idea, (which had now been acted on in
Philadelphia, probably from the English model) and substituted labor in
confinement, , to the public labor proposed by the Committee of revisal; which
themselves would have done, had they been to act on the subject again. The
public mind was ripe for this in 1796, when Mr. Taylor proposed it, and ripened
chiefly by the experiment in Philadelphia; whereas, in 1785, when it had been
proposed to our Assembly, they were not quite ripe for it. In 1789 and 1790, I
had a great number of olive plants, of the best kind, sent from Marseilles to
Charleston, for South Carolina and Georgia. They were planted, and are
flourishing; and, though not yet multiplied, they will be the germ of that
cultivation in those States. In l790, I got a cask of heavy upland rice, from
the river Denbigh, in Africa, about lat. 9 degree 3o' North, which I sent to
Charleston, in hopes it might supersede the culture of the wet rice, which
renders South Carolina and Georgia so pestilential through the summer. It was
divided, and a part sent to Georgia. I know not whether it has been attended to
in South



Appendix 259



Carolina; but it has spread in the upper parts of Georgia, so as to have become
almost general, and is highly prized. Perhaps it may answer in Tennessee and
Kentucky. The greatest service which can be rendered any country is, to add an
useful plant to its culture ; especially, a bread grain; next in value to bread
is oil. Whether the act for the more general diffusion of knowledge will ever
be carried into complete effect, I know not. It was received by the legislature
with great enthusiasm at first; and a small effort was made in 1796, by the act
to establish public schools, to carry a part of it into effect, viz., that for
the establishment of free English schools; but the option given to the courts
has defeated the intention of the act.(1)



 [NOTE H.]



NEW YORK, October 13, 1789.



SIR, In the selection of characters to fill the important offices of
Government, in the United States, I was naturally led to contemplate the
talents and dispositions which I knew you to possess and entertain for the
service of your country ; and without being



[ (1) It appears, from a blank space at the bottom of this paper, that a
continuation had been intended. Indeed, from the loose manner in which the
above notes are written, it may be inferred, that they were originally intended
as memoranda only, to be used in some more permanent form.]



260 Jefferson's Works



able to consult your inclination, or to derive any knowledge of your intention
from your letters, either to myself or to any other of your friends, I was
determined, as well by motives of private regard, as a conviction of public
propriety, to nominate you for the Department of State, which, under its
present organization, involves many of the most interesting objects of the
Executive authority. But grateful as your acceptance of this commission would
be to me, I am, at the same time, desirous to accommodate your wishes, and I
have, therefore, forborne to nominate your successor at the court of
Versailles, until I should be informed of your determination. Being on the eve
of a journey through the Eastern States, with a view to observe the situation
of the country, and. in a hope of perfectly re-establishing my health, which a
series of indispositions has much impaired, I have deemed it proper to make
this communication of your appointment, in order that you might lose no time,
should it be your wish to visit Virginia during the recess of Congress, which
will probably be the most convenient season, both as it may respect your
private concerns and the public service. Unwilling, as I am, to interfere in
the direction of your choice of assistants, I shall only take the liberty of
observing to you, that from warm recommendations which I have received in
behalf of Roger Alden, Esq., assistant Secretary to the late Congress, I have
placed all the papers thereunto belonging,



Appendix 261



under his care. Those papers which more properly appertain to the office of
Foreign Affairs, are under the superintendence of Mr. Jay, who has been so
obliging as to continue his good offices, and they are in the immediate charge
of Mr. Remsen.



With sentiments of very great esteem and regard, I have the honor to be, sir,
Your most obedient servant,



GEORGE WASHINGTON.



The Honorable Thomas Jefferson.



I take this occasion to acknowledge the receipt of your several favors, of the
4th and 5th of December of the last, and l0th of May of the present year, and
to thank you for the communications therein.



G. W.



NEW YORK, November 30, 1789.



DEAR SIR, You will perceive by the enclosed letter, (which was left for you at
the office of Foreign Affairs, when I made a journey to the Eastern States,)
the motives on which I acted with regard to yourself, and the occasion of my
explaining them at that early period. Having now reason to hope, from Mr.
Trumbull's report, that you will be arrived at Norfolk before this time, (on
which event I would most cordially congratulate you,) and having a safe
conveyance by Mr. Griffin, I forward your commission to Virginia; with a
request to be made acquainted with your



262 Jefferson's Works



sentiments as soon as you shall find it convenient to communicate them to me.
With sentiments of very great esteem and regard, I am, dear sir, Your most
obedient humble servant, GEORGE WASHINGTON. The Honorable Thomas Jefferson.