Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4

Baldwin mentions at table the following fact. When the bank bill was under discussion in the House of Representatives, Judge Wilson came in, and was standing by Baldwin. Baldwin reminded him of the following fact which passed in the grand convention. Among the enumerated powers given to Congress, was one to erect corporations. It was on debate struck out. Several particular powers were then proposed. Among others, Robert Morris proposed to give Congress a power to establish a national bank. Gouverneur Morris opposed it, observing that it was extremely doubtful whether the constitution they were framing could ever be passed at all by the people of America; that to give it its best chance, however, they should make it as palatable as possible and put nothing into it not very essential, which might raise up enemies; that his colleague (Robert Morris) well knew that ‘a bank’ was, in their State (Pennsylvania) the very watch-word of party; that a bank had been the great bone of contention between the two parties of the State, from the establishment of their constitution, having been erected, put down, and erected again, as either party preponderated; that therefore, to insert this power, would instantly enlist against the whole instrument, the whole of the anti-bank party in Pennsylvania. Whereupon it was rejected, as was every other special power, except that of giving copyrights to authors, and patents to inventors; the general power of incorporating being whittled down to this shred. Wilson agreed to the fact.

Mr. Hunter of South Carolina, who lodges with Rutledge, [* J. Rutledge, junior] tells me, that Rutledge was explaining to him the plan they proposed to pursue as to war measures, when Otis came in. Rutledge addressed Otis. ‘Now, Sir,’ says he, ‘you must come forward with something liberal for the southern States, fortify their harbors and build galleys, in order to obtain their concurrence.’ Otis said, ‘We insist on convoys for our European trade, and guarda-costas, on which condition alone, we will give them galleys and fortifications.’ Rutledge observed, that in the event of war, McHenry and Pickering must go out; Wolcott, he thought, might remain, but the others were incapable of conducting a war. Otis said the eastern people would never abandon Pickering; he must be retained; McHenry might go. They considered together whether General Pinckney would accept the office of Secretary of War. They apprehended he would not. It was agreed in this conversation, that Sewall had more the ear of the President than any other person.

March the 12th. When the bill for appropriations was before the Senate, Anderson moved to strike out a clause recognising (by way of appropriation) the appointment of a committee by the House of Representatives, to sit during their recess to collect evidence on Blount’s case, denying they had power, but by a law, to authorize a committee to sit during recess. Tracy advocated the motion, and said, ‘We may as well speak out. The committee was appointed by the House of Representatives, to take care of the British minister, to take care of the Spanish minister, to take care of the Secretary of State, in short, to take care of the President of the United States. They were afraid the President and Secretary of State would not perform the office of collecting evidence faithfully; that there would be collusion, &c. Therefore, the House appointed a committee of their own. We shall have them next sending a committee to Europe to make a treaty, &c. Suppose that the House of Representatives should resolve, that after the adjournment of Congress, they should continue to sit as a committee of the whole House during the whole recess.’ This shows how the appointment of that committee has been viewed by the President’s friends.

April the 5th. Doctor Rush tells me he had it from Mrs. Adams, that not a scrip of a pen has passed between the late and present President, since he came into office.

April the 13th. New instructions of the British government to their armed ships now appear, which clearly infringe their treaty with us, by authorizing them to take our vessels carrying produce of the French colonies from those colonies to Europe, and to lake vessels bound to a blockaded port. See them in Brown’s paper, of April the 18th, in due form.

The President has sent a government brig to France, probably to carry despatches. He has chosen as the bearer of these, one Humphreys, the son of a ship-carpenter, ignorant, under age, not speaking a word of French, most abusive of that nation; whose only merit is, the having mobbed and beaten Bache on board the frigate built here, for which he was indicted and punished by fine.

April the 25th. At a dinner given by the bar to the federal judges, Chase and Peters, present about twenty-four lawyers, and William Tilghman in the chair, this toast was given; ‘Our King in old England.’ Observe the double entendre on the word King. Du Ponceau, who was one of the bar present, told this to Tench Coxe, who told me in presence of H. Tazewell. Dallas was at the dinner; so was Colonel Charles Sims of Alexandria, who is here on a law-suit vs. General Irving.

May the 3rd. The President some time ago appointed Steele, of Virginia, a commissioner to the Indians, and recently Secretary of the Mississippi Territory. Steele was a Counsellor of Virginia, and was voted out by the Assembly because he turned tory. He then offered for Congress, and was rejected by the people. Then offered for the Senate of Virginia, and was rejected. The President has also appointed Joseph Hopkinson commissioner to make a treaty with the Oneida Indians. He is a youth of about twenty-two or twenty-three, and has no other claims to such an appointment than extreme toryism, and the having made a poor song to the tune of the President’s March.

October the 13th, 1798. Littlepage, who has been on one or two missions from Poland to Spain, said that when Gardoqui returned from America, he settled with his court an account of secret service money, of six hundred thousand dollars. Ex relatione Colonel Monroe.

January, 1799. In a conversation between Doctor Ewen and the President, the former said one of his sons was an aristocrat, the other a democrat. The President asked if it were not the youngest who was the democrat. ‘Yes,’ said Ewen. ‘Well,’ said the President, ‘a boy of fifteen who is not a democrat is good for nothing, and he is no better who is a democrat at twenty.’ Ewen told Hurt, and Hurt told me.

January the 14th. Logan tells me that in his conversation with Pickering on his arrival, the latter abused Gerry very much; said he was a traitor to his country, and had deserted the post to which he was appointed; that the French temporized at first with Pinckney, but found him too much of a man for their purpose. Logan observing, that, notwithstanding the pacific declarations of France, it might still be well to keep up. the military ardor of our citizens, and to have the militia in good order: ‘The militia,’ said Pickering, ‘the militia never did any good to this country, except in the single affair of Bunker’s Hill; that we must have a standing army of fifty thousand men, which being stationed in different parts of the continent, might serve as rallying points for the militia, and so render them of some service.’ In his conversation with Mr. Adams, Logan mentioned the willingness of the French to treat with Gerry. ‘And do you know why,’ said Mr. Adams. ‘Why, Sir?’ said Logan. ‘Because,’ said Mr. Adams, ‘they know him to have been an anti-federalist, against the constitution.’

January the 2nd, 1800. Information from Tench Coxe. Mr. Liston had sent two letters to the Governor of Canada by one Sweezy. He had sent copies of them, together with a third, (original) by one Cribs. Sweezy was arrested (being an old horse-thief), and his papers examined. T. Coxe had a sight of them. As soon as a rumor got out that there were letters of Mr. Liston disclosed, but no particulars yet mentioned, Mr. Liston suspecting that Cribs had betrayed him, thought it best to bring all his three letters, and lay them before Pickering, Secretary of State. Pickering thought them all very innocent. In his office they were seen by Mr. Hodgen of New Jersey, commissary of military stores, and the intimate friend of Pickering. It happens that there is some land partnership between Pickering, Hodgen, and Coxe, so that the latter is freely and intimately visited by Hodgen, who, moreover, speaks freely with him on political subjects. They were talking the news of the day, when Mr. Coxe observed that these intercepted letters of Liston were serious things; (nothing being yet out but a general rumor.) Hodgen asked which he thought the most serious. Coxe said the second; (for he knew yet of no other.) Hodgen said he thought little of any of them, but that the third was the most exceptionable. This struck Coxe, who, not betraying his ignorance of a third letter, asked generally what part of that he alluded to. Hodgen said to that wherein he assured the Governor of Canada, that if the French invaded Canada, an army would be marched from these States to his assistance. After this it became known that it was Sweezy who was arrested, and not Cribs; so that Mr. Liston had made an unnecessary disclosure of his third letter to Mr. Pickering, who, however, keeps his secret for him. In the beginning of the conversation between Hodgen and Coxe, Coxe happened to name Sweezy as the bearer of the letters. ‘That ‘s not his name,’ says Hodgen, (for he did not know that two of the letters had been sent by Sweezy also) ‘his name is Cribs.’ This put Coxe on his guard, and set him to fishing for the new matter.

January the 10th. Doctor Rush tells me, that he had it from Samuel Lyman, that during the X. Y. Z. Congress, the federal members held the largest caucus they have ever had, at which he was present, and the question was proposed and debated, whether they should declare war against France, and determined in the negative. Lyman was against it. He tells me, that Mr. Adams told him, that when he came on in the fall to Trenton, he was there surrounded constantly by the opponents of the late mission to France. That Hamilton pressing him to delay it, said, ‘Why, Sir, by Christmas, Louis the XVIII. will be seated on his throne.’ Mr. A. ‘By whom?’ H. ‘By the coalition.’ Mr. A. ‘Ah! then farewell to the independence of Europe. If a coalition, moved by the finger of England, is to give a government to France, there is an end to the independence of every country.’

January the 12th. General Samuel Smith says that Pickering, Wolcott, and McHenry, wrote a joint letter from Trenton to the President, then at Braintree, dissuading him from the mission to France. Stoddard refused to join it. Stoddard says the instructions are such, that if the Directory have any disposition to reconciliation, a treaty will be made. He observed to him also, that Ellsworth looks beyond this mission to the Presidential chair. That with this view, he will endeavor to make a treaty, and a good one. That Davie has the same vanity and views. All this communicated by Stoddard to S. Smith.

January the 13th. Baer and Harrison G. Otis told J. Nicholas, that in the caucus mentioned ante 10th, there wanted but five votes to produce a declaration of war. Baer was against it.

January the 19th. W. C. Nicholas tells me, that in a conversation with Dexter three or four days ago, he asked Dexter whether it would not be practicable for the States to agree on some uniform mode of choosing electors of President. Dexter said, ‘I suppose you would prefer an election by districts.’ ‘Yes,’ said Nicholas, ‘I think it would be best; but would nevertheless agree to any other consistent with the constitution.’ Dexter said he did not know what might be the opinion of his State, but his own was, that no mode of election would answer any good purpose; that he should prefer one for life. ‘On that reasoning,’ said Nicholas, ‘you should prefer an hereditary one.’ ‘No,’ he said, ‘we are not ripe for that yet. I suppose,’ added he, ‘this doctrine is not very popular with you.’ ‘No,’ said Nicholas, ‘it would effectually damn any man in my State.’ ‘So it would in mine,’ said Dexter; ‘but I am under no inducement to belie my sentiment; I have nothing to ask from any body; I had rather be at home than here, therefore I speak my sentiments freely.’ Mr. Nicholas, a little before or after this, made the same proposition of a uniform election to Rossr who replied that he saw no good in any kind of election. ‘Perhaps,’ said he, ‘the present one may last a while.’ On the whole, Mr. Nicholas thinks he perceives, in that party, a willingness and a wish to let every thing go from bad to worse, to amend nothing, in hopes it may bring on confusion, and open a door to the kind of government they wish. In a conversation with Gunn, who goes with them, but thinks in some degree with us, Gunn told him that the very game which the minority of Pennsylvania is now playing with McKean (see substitute of minority in lower House, and address of Senate in upper), was meditated by the same party in the federal government, in case of the election of a republican President; and that the eastern States would in that case throw things into confusion, and break the Union. That they have in a great degree got rid of their paper, so as no longer to be creditors, and the moment they cease to enjoy the plunder of the immense appropriations now exclusively theirs, they would aim at some other order of things.

January the 24th. Mr. Smith, a merchant of Hamburg, gives me the following information. The St. Andrew’s Club, of New York, (all of Scotch tories,) gave a public dinner lately. Among other guests Alexander Hamilton was one. After dinner, the first toast was ‘The President of the United States.’ It was drunk without any particular approbation. The next was, ‘George the Third.’ Hamilton started up on his feet, and insisted on a bumper and three cheers. The whole company accordingly rose and gave the cheers. One of them, though a federalist, was so disgusted at the partiality shown by Hamilton to a foreign sovereign over his own President, that he mentioned it to a Mr. Schwart-house, an American merchant of New York, who mentioned it to Smith.

Mr. Smith also tells me, that calling one evening on Mr. Evans, then Speaker of the House of Representatives of Pennsylvania, and asking the news, Evans said, Harper had just been there, and speaking of the President’s setting out to Braintree, said, ‘he prayed to God that his horses might run away with him, or some other accident happen to break his neck before he reached Braintree.’ This was in indignation at his having named Murray, &c. to negotiate with France. Evans approved of the wish.

February the 1st. Doctor Rush tells me that he had it from Asa Green, that when the clergy addressed General Washington on his departure from the government, it was observed in their consultation, that he had never, on any occasion, said a word to the public which showed a belief in the Christian religion, and they thought they should so pen their address, as to force him at length to declare publicly whether he was a Christian or not. They did so. However, he observed, the old fox was too cunning for them. He answered every article of their address particularly except that, which he passed over without notice. Rush observes, he never did say a word on the subject in any of his public papers, except in his valedictory letter to the Governors of the States when he resigned his commission in the army, wherein he speaks of ‘the benign influence of the Christian religion.’

I know that Gouverneur Morris, who pretended to be in his secrets and believed himself to be so, has often told me that General Washington believed no more of that system than he himself did.

March, 1800. Heretical doctrines maintained in Senate, on the motion against the Aurora. That there is in every legal body of men a right of self-preservation, authorizing them to do whatever is necessary for that purpose: by Tracy, Read, and Lawrence. That the common law authorizes the proceeding proposed against the Aurora, and is in force here: by Read. That the privileges of Congress are and ought to be indefinite: by Read.

Tracy says, he would not say exactly that the common law of England in all its extent is in force here; but common sense reason, and morality, which are the foundations of the common law, are in force here, and establish a common law. He held himself so nearly half way between the common law of England and what every body else has called natural law, and not common law, that he could hold to either the one or the other, as he should find expedient.

Dexter maintained that the common law, as to crimes, is in force in the United States.

Chipman says, that the principles of common right are common law.

March the 11th. Conversing with Mrs. Adams on the subject of the writers in the newspapers, I took occasion to mention that I never in my life had, directly or indirectly, written one sentence for a newspaper; which is an absolute truth. She said that Mr. Adams, she believed, had pretty well ceased to meddle in the newspapers, since he closed the pieces on Davila. This is the first direct avowal of that work to be his, though long and universally understood to be so.

March the 14th. Freneau, in Charleston, had the printing of the laws in his paper. He printed a pamphlet of Pinckney’s letters on Robbins’s case. Pickering has given the printing of the laws to the tory paper of that place, though not of half the circulation. The printing amounted to about one hundred dollars a year.

March the 24th. Mr. Perez Morton of Massachusetts tells me that Thatcher, on his return from the war Congress, declared to him he had been for a declaration of war against France, and many others also; but that on counting noses they found they could not carry it, and therefore did not attempt it.

March the 27th. Judge Breckenridge gives me the following information. He and Mr. Ross were originally very intimate; indeed, he says, he found him keeping a little Latin school, and advised and aided him in the study of the law, and brought him forward. After Ross became a Senator, and particularly at the time of the western insurrection, they still were in concert. After the British treaty, Ross, on his return, informed him there was a party in the United States who wanted to overturn the government, who were in league with France; that France, by a secret article of treaty with Spain, was to have Louisiana; and that Great Britain was likely to be our best friend and dependence.

On this information, he, Breckenridge, was induced to become an advocate for the British treaty. During this intimacy with Ross, he says, that General Collot, in his journey to the western country, called on him, and he frequently led Breckenridge into conversations on their grievances under the government, and particularly the western expedition; that he spoke to him of the advantages that country would have in joining France when she should hold Louisiana; showed him a map he had drawn of that part of the country; pointed out the passes in the mountain, and the facility with which they might hold them against the United States, and with which France could support them from New Orleans. He says, that in these conversations, Collot let himself out without common prudence. He says, Michaux (to whom I, at the request of Genet, had given a letter of introduction to the Governor of Kentucky as a botanist, which was his real profession,) called on him; that Michaux had a commissary’s commission for the expedition, which Genet had planned from that quarter against the Spaniards; that –, the late Spanish commandant of St. Genevieve, with one Powers, an Englishman, called on him. That from all these circumstances, together with Ross’s stories, he did believe that there was a conspiracy to deliver our country, or some part of it at least, to the French; that he made notes of what passed between himself and Collot and the others, and lent them to Mr. Ross, who gave them to the President, by whom they were deposited in the office of the Board of War; that when he complained to Ross of this breach of confidence, he endeavored to get off by compliments on the utility and importance of his notes. They now cooled towards each other; and his opposition to Ross’s election as Governor has separated them in truth, though not entirely to appearance.

Doctor Rush tells me, that within a few days he has heard a member of Congress lament our separation from Great Britain, and express his sincere wishes that we were again dependent on her.

December the 25th, 1800. Colonel Hitchburn tells me what Colonel Monroe had before told me of, as coming from Hitchburn. He was giving me the characters of persons in Massachusetts. Speaking of Lowell, he said he was, in the beginning of the Revolution, a timid whig, but as soon as he found we were likely to prevail, he became a great office-hunter. And in the very breath of speaking of Lowell, he stopped: says he, I will give you a piece of information which I do not venture to speak of to others. There was a Mr. Hale in Massachusetts, a reputable, worthy man, who becoming a little embarrassed in his affairs, I aided him, which made him very friendly to me. He went to Canada on some business. The Governor there took great notice of him. On his return, he took occasion to mention to me that he was authorized by the Governor of Canada to give from three to five thousand guineas each to himself and some others, to induce them not to do any thing to the injury of their country, but to befriend a good connection between England and it. Hitchburn said he would think of it, and asked Hale to come and dine with him to-morrow. After dinner he drew Hale fully out. He told him he had his doubts, but particularly, that he should not like to be alone in such a business. On that, Hale named to him four others who were to be engaged, two of whom, said Hitchburn, are now dead, and two living. Hitchburn, when he had got all he wanted out of Hale, declined in a friendly way. But he observed those, four men, from that moment, to espouse the interests of England in every point and on every occasion. Though he did not name the men to me, yet as the speaking of Lowell was what brought into his Read to tell me this anecdote, I concluded he was one. From other circumstances respecting Stephen Higginson, of whom he spoke, I conjectured him to be the other living one.

December the 26th. In another conversation, I mentioned to Colonel Hitchburn, that though he had not named names, I had strongly suspected Higginson to be one of Hale’s men. He smiled and said, if I had strongly suspected any man wrongfully from his information, he would undeceive me: that there were no persons he thought more strongly to be suspected himself, than Higginson and Lowell. I considered this as saying they were the men. Higginson is employed in an important business about our navy.

February the 12th, 1801. Edward Livingston tells me, that Bayard applied to-day or last night to General Samuel Smith, and represented to him the expediency of his coming over to the States who vote for Burr, that there was nothing in the way of appointment which he might not command, and particularly mentioned the Secretaryship of the Navy. Smith asked him if he was authorized to make the offer. He said he was authorized. Smith told this to Livingston, and to W. C. Nicholas, who confirms it to me. Bayard in like manner tempted Livingston, not by offering any particular office, but by representing to him his (Livingston’s) intimacy and connection with Burr; that from him he had every thing to expect, if he would come over to him. To Doctor Linn of New Jersey, they have offered the government of New Jersey. See a paragraph in Martin’s Baltimore paper of February the 10th, signed, ‘a looker on,’ staling an intimacy of views between Harper and Burr.

February the 14th. General Armstrong tells me, that Gouverneur Morris, in conversation with him to-day on the scene which is passing, expressed himself thus. ‘How comes it,’ says he, ‘that Burr, who is four hundred miles off (at Albany), has agents here at work with great activity, while Mr. Jefferson, who is on the spot, does nothing?’ This explains the ambiguous conduct of himself and his nephew, Lewis Morris, and that they were holding themselves free for a price; i.e. some office, either to the uncle or nephew.

February the 16th. See in the Wilmington Mirror of February the 14th, Mr. Bayard’s elaborate argument to prove that the common law, as modified by the laws of the respective States at the epoch of the ratification of the constitution, attached to the courts of the United States.