i
!.
in the plan. But the minorities are too refpcc
table not to be intitled tofome lacrifices of opi
nion in the majority, efpeciallv when a great
proportion of them would be contented with a
bill of fights." >
\
*
i
j
Paris % March 15, 1789
li I cannot refrain from making short an
swers to the objections which your letter states
to have been raised. I. That the rights in
question are reserved by the manner in which
the federal powers are granted. Answer, a
constitutive ast may certainly befo formed ar> to
need no declaration of rights. The adt itfelf
lias the force of a declaration as far as it goes;
and if it goes to all material points, nothing
more is wanting. In the draught of a cdnftitu
tion which I had once a thought of propoling in
Virginia, and printed afterwards, I endeavored
to reach all the great objects of public liberty,
and did not mean to add a declaration of rights.
Probably the object was imperfectly executed ;
but the deficiencies would have been fnpplied
by others in the course of discussion. But in a
constitutive a<st, which leaves foine precious ar
tides unnoticed, and raises implications againfr
others, a declaration of rights becomes necef-
Jary by way of supplement. This is the cafe of
our new federal constitution. This inftmment
forms us into one state, as to certain ohjefrs
and gives us a legislative and executive body
for these objects it fliould therefore guard us
against their abuses of power within the field
submitted to them. 2. A positive declaration
of some ellential rights could not be obtained in
the requisite latitude. Answer, if we cannot
secure all our rights, let us lecure what we can.
3. The liinitted powers of the federal govern
ment, and jealousy of the fubord nate govern
ments, afford a security which exists in no other
instance. Answer, the firft member of this
seems resolvable into the firft objection before
stated. The jealousy of the subordinate go
vernments is a precious reliance ; but ob/erve
that those governments are only agents. Thev
must have principles furnifhed them whereon
to found their opposition. The declaration of
rights will be the text whereby they will try all
the acts of the federal government; 'n this view
it will be necefTary to the federal government
also : as by the fame text, they may try the op
position of the subordinate governments. 4. sEx
perience proves the inefficacy of a bill of rights.
True ; but though it is not absolutely efficaci
ous under all circumstances, it is of yeat po
tency always, and rarely inefficacious. A brace
the more will often keep up the building which
would have fallen with that brace the less. There
is a remarkable difference between the charac
ters of the inconveniences which attend a de
claration of rights, and those which attend the
want of it. The inconveniences of the decla
ration are, that it may cramp government in
its ufeful exertions; but the evil of this is short
lived, moderate, and reparable. The inconve
niences of the want of a declaration, are per
manent, afflicting, and irreparable ; they are
in a constant progreflion from bad to worse. I
know there are some among us who would now
establish a monarchy, but they are inconsidera
ble in number and weight of chara&er. The
nfing race are all republicans. We were edu
catad in 1 oyalifm . no wonder if some of us re
tain that idolatry still. Our young people are
educated in republicanism : an apoftacy from
that to royalifm is unprecedented and impofli-
I am much pleased with the profpeft that
1 . 'aration of rights will be added ; and hope
iii be done in that way which will not en
dangc *be whole frame of the government, o.
any eflential part of it."
Paris, Augujl 28, 1789.
null -j, r.v fay a word on the declaration
ts yo ; I 1? ve been so good as to fend me.
,t ' > far a-, it goes ; but I fliould have
r g' mg further; for instance, the fol
alterations and additions would have
nr ' /*; 4- The people fnall not be de
•ed o :- ; n -d of their right to speak, to
dfte or or!-, ife to publish any thing but falfe
/Ss, 1 r:n- injuriously, the life, liberty, pro
/fert-, ( utntion of others, or affe&ing the
- e confederacy with foreign nations.
/ ' } 4 rafts put in ilfue before any judica
' -re fh?,i be tried by jury, except, 1. in cases of
cn 1, r:1 1y jurifdi<sl ion wherein a foreigner fball
e' mterefted. 2. In cases cognizable before
a r irt-martial concerning only the regular of
- si's and soldiers of the United States, or mem
bers of the militia in a&ual service in time of
war or mfurreftion; and 3. Impeachments al
con^' t " tion - Ar tß- Noperfon
. ,n co "finement more than days
aflSrtiitr shall have demanded and been re
eled a writ of hab. Corp. by the judge appoint
• n °\ more than days after such
wn: {hall have been served on the perfo,, hold
lfg him m confinement, and no order given on
cue exam,nation for hi, remandment or dis
charge, nor more than hours in anv place at
refictence of r*"* mi^Trom ' the
r : r i°/° me Judge a » th °"<"ed to iiTue the
writ of hab. Corp. nor ihai! that writ I* f„f.
anv nl any term exceedi "g -ear, nor in
<>ny place more more than miles di.hnt
in3r e t ftat a" ° r encaln P m «nt of enemies' or
I .11 gents. Art. 9. Monopolies may be allow
ed to perrons for their own productions in lite
si term 7" inventi °ns in the arts, for
ffer t-rm ahT " S u yea "' but for "° ,0 "'
j?ei tv.imland for no other purpose. Art. 1- All
fta " d W o ***
WV,I • expiration of the term for
Ift vo^V a £ and fubfifte " ce 'hall have been
, ° f There rcftricT.ons I
11' „ . glialded as to prevent evil onlv —
However if we do not have them now, I |, ave
n!idenc ( ? ,n my countrvmen, as to be
d'e"nef V Ve have them ' as r ° on ai the
nefXry?' S ° Vernment fta ': render them
PRICE OF STOCKS.
6 per Cent?,
3 P" r
P
S Int-off
o
4** per cent, prem.
60
FOR THE GAZETTE OF THE UNITED STATED.
AR ISTIDES complaSns.that the AmekicXw
has charged Mr. Jejferfon with being the
patron and promoter ot national dif union, national
irjignificance, public dijordcr and dijcrcdit. The
American however, has oniy alarmed, that
" the rpal or pretended political tenets of that
gentleman Una" to those points. j
The facts which have been established e'ear
lv demonftiate, that in the form in which it is
made, the charge is well founded.
If Mr. jeffertbn's opposition to the funding!
fyltem, to tjie bank, and to the other meafurcs
which are connected with the adminiftjjitjqn of
the national finances had ceased, when thole
measures had received the fanftion of law ; no
thing more cou'd have been laid, than, that he
had tranfgrefled the rules of official decorum,
in entering the lifts against the head of another
department (between whom and himfelf, there
was a reciprocal duty to cultivate harmony)
that he had been culpable in pursuing a line of
conduct, which was calculated to Tow tke feeds
of discord in the executive branch of the go
vernment, in the infaricy of its existence.
But when his opposition extended beyond
that point; when it was apparent, that he wish
ed to render odims, and of course to subvert (for
in a popular government these are convertible
terms) all those deliberate and folenin arts of
the legislature, which had become the pillars of
the public credit, his conduct deserved to be re
garded with a still severer eye.
Whatever differences of opinion may have
preceded those a<sts—however exceptionable
particular features in them may have appeared
to certain characters, there is no enlightened
nor discreet citizen but must agree, that they
ought now to remain uvdijiurbed, To set afloat
the funding system, after the faith of the nation
has been so deliberately and solemnly pledged to
it—after such numerous and extensive aliena
tions of property for full value have been made
under its fan (stion—with adequate revenues,
littleburthenfome to the people—in a time of
profound peace*—with not even the shadow of
any public neceflity—on no better ground than
that of theoretical and paradoxical dogmas
would be one of the most wanton and flagitious
arts, that ever stained the annals of a civilized
nation.
Yet positions tending to that (jifgraceful re
sult have been maintained in public discourses,
by individuals known to be devoted to the Se
cretary of State ; and have been privately
smiled upon as profound discoveries in political
science.
"\et the less discreet, though not least impor
tant partizans of that officer, talk familiarly of
undoing the funding system as a meritorious
work : Yet his Gazette (which may fairly be
regarded as the mirror ol his views) after hav
ing labored for months to make it an object of
popular detestation, has at length told us in
plain and triumphant terms, that "the funding
fvftcm has had its day and very clearly, if
not expressly, that it is the object of the party
to overthrow it.
The American, then, has iuftly, and from
fufficient data, inferred, that Mr. Jefferfon's
politics, whatever may be the motives of them,
tend to national disunion, infignificance, difor
er and discredit. That the fubverlion of the
tunding system would producenationaldifcredit,
proves itfelf. Loss of credit, the reason being
. ® ra , me ' mu(l attend nations, as well as indi
viduals who voluntarily and without neceflity
violate their formal and poiitive engagements.
Infignificance and disorder, as applied to com
mumties, equally with individuals, are the na
tural offspring of a loss of credit, premeditated
ly and voluntarily incurred.
Disunion would not long lag behind. Sober
minded and virtuous men in every State would
all confidence in, and all lefnect for a go
vernment, which had betrayed so much levity
and mconftancy, so profligate a disregard to the
'tfto oj property, and to the obligations of good
* Their support would of course be so far
withdrawn or relaxed, as to leave it an easy
prey to its enemies. These comprize the ad
vocates for separate confederacies; the jea
lous partizans of unlimited sovereignty, in the
; tate governments—the never to be satiated
lovers of innovation and change—the tribe of
pretended philosophers, but real fabricators of
chimeras and paradoxes—the Catalines and
the Casfars of the community (a delcription of
men to be found in every republic) who leading
the dance to the tune of liberty without law,
endeavor to intoxicate the people with delicious
but poisonous draughts to render them theeafier
victims of their rapacious ambition : the vi
cious and the fanatical of every class who are
A^ e ' r ll r , the wi,lin E or the deluded followers
of those seducing and treacherous leaders.
But this is not al!—the invasion of fixtv mil
lions of property could notbe perpet.ated with
dt Jn 1 fh nt rt C 0 5 ' The States ' wl '°*
own ! I f creditors and purckafe, j
own the largest portions of the debt (and leveral
such there are) would not remain long bound
violated th"' 11 v party whictl had so
nerin ! , ! ' ght5 ' The ™nfequencesin ex
bliureH I!" q . U ' Ckly aWaken to a sense of
renrl.fr '' S • ' a " d lntereft such ° f them, whose
or been"i S V have wicked] y embarked,
''-^^^sarjsssss
lias ("aid, that Mr^Tff' 0 - iJllt the Amerl tan
Prompted, or Tc bas bec " the
perfions on men w hn, ' . ~nwa at
nierelv profeluons ftiall V° a(^'on S "°t
—• P otel ' lons » «>all be the t.ue test of pa-
138
triotifm aid integrity Heed never decline a
comparifoH with him of their titles to the pub
lic efteern," and he is ftipported in the affertior
by facts. I : ' ■- <
Not to cfttf or trace those fool and peftifent
whispers, circulating thrWjh
the country, have, as far as was frra&icable,
contaminated some of its faireft and worthiefi
characters, an appeal to known circunfftances
will juftify the charge.
Some time since, there appeared in print cer
tain speculations, which have been construed
into an advocation of hereditary diftinftions in
government. These (whether with, or without
foundation, is to this moment matter of con
jeaure) were ascribed to a particular charac
ter—pre-eminent for his early, intrepid, faith
ful, peri'evering and comprehensively tileful ser
vices to his country—a man pure and unspot
ted in private life, a citizen having a high and
solid title to the esteem, the gratitude and the
confidence of his fellow-citizens.
The firft volume of the " Rights of man"
makes its appearance—The opportunity is ea
gerly seized, to answer the double purpose of
wounding a competitor, and of laying in an ad
ditional stock of popularity ; by alTociating and
circulating the name of Thomas Jefferfon, with
a popular production of a favorite writer, on a
favorite fubjeft.
For this purpose the Secretary of State fits
down and pens an epistle to a printer in the city
of Philadelphia, transmitting the work for re
publication, and exprefling his approbation of it
in a way, which we learn, from the preface of
that printer to his edition of the work, was cal
culated not only to do justice to the writings of
Mr. Paine, but to do honor to Mr. Jefferfon ;
iy diufling the mind to a contemplation of that
republican jirmnefs and democratic jimplicit) l , which
ought to endear him to every friend to the
" Rights of Man."
The letter, as we learn from the fame pre
face, contained the following passages : u I am
extremeiy pleased to find it will be reprinted
here, and that something is at length to be pub
licly said against the political which have
Iprnng up among us." I have no doubt our ci
tizens will rally a second time round the Jlandard
of common sense."
There was not a man in the United States,
acquainted with the insinuations, which had
been propagated, who did not instantly apply
the remark—and the signal was so well under
stood by the partizans of the writer, that a ge
neral attack immediately commenced. The
newspapers in different States resounded with
inventive and scurrility against the patriot, who
was marked out as the object of persecution,
and if poflible of degradation.
Under certain circumstances general expres
sions designate a person or an object as clearly
as an indication of it by name. So it happened
in the prelent cafe. The Javelin went direct
ly to its destination.
But it was quickly perceived, that discerning
and refpeftable men disapproved the step. It
was of consequence to endeavor to maintain
their good opinion.—Protestations, and excuses
as frivolous as awkward were multiplied to veil
the real design.
u The gentleman alluded to, never once en
tered into the mind ! It was never imagined,
that the printer would be so incautious as to
publifli the letter or any part of it—nothing
more was in view than to turn a handsome pe
riod, and avoid the baldnejs of a note that did
nothing but present the compliments of the
writer !"
Thus a solemn invocation to the people of
America, on the mod serious and important
iubject, dwindled at once into a brilliant con
ceit, that tickled the imagination too much to
be refilled. The imputation of levity was pre
ferred to that of malice.
| But when the people of America prcfented
themselves to the disturbed patriotic fancy, as
a routed host, scattered and dispersed by politi
cal sorcerers ; how was it polTible to refill the
hcroic, the chivalrous desire, of ere&ing for
them some magic standard of orthodoxy, and
endeavoring to rally them round it, for mutual
protection and fafety.
In so glorious a cause, the considerations—
that a citizen of the United States had written
in a foreign country a book containing stric
tures on the government of that country, which
would be regarded by it, as libellous and iedi
tious—that he had dedicated this book to the
chief magistrate of the union—that a republi
cation ot it under the auspices of the Secretary
of State, would wear the appearance of its
having been promoted, at least of its being pa
tronized by the government of this country —
were considerations too light and unimportant
to occasion a moment's hesitation or pause.
I hose who, after an attentive review of cir
cumstances, can be deceived by the artifices,
which have been employed to varnifli over this
very exceptionable proceeding mull: undenland
little of human nature must be little read
in the history of those arts, which in all coun
tries, and at all times have served to disguise
the machinations of fa<ftious and intriguing
The remaining circumstance of public noto
riety, which fixes upon Mr. Jefferfon the im
putation of being the prompter, or inftigatorof
detraction, exists in his patronage of the Na
tiona] Gazette.
Can any attentive reader of that Gazette
doubt, for a moment, that it has been fyftema
ticallv devoted to the calumniating and black
ening of public characters ? Can it be a qtieftion,,
that a main object of the paper is to deltroy
the public confidence in a particular public cha
racter, who it Teems is to be hunted down at all
j° r the un pardonab]e fin of having been
the Iteady,invariable and decidedfriend of broad
national principles cf government? Can it be
a question, that the persecution of the officer al.
-tided to, is agreeable to the views of the initi
tutor of the paper >
Does all this proceed from motives purely
disinterested and patriotic ' Can none of a dif
c.ent complexion be imagined, that mav at
'■east have operated to »; ve , n ■
otic zeal! Jt'tulms to
guilhed as tie quiet n.odeft reH * ftln "
pher as the plain fimpfc P^o.
Helhallnot now f or £?
regarded as themtrig u u n „ ir 't ® rft t,n * he
Piring turbulent competitor andlar >'-the at
It has been pertinently remarked by a judi
cious writer, that Cirjar, who overturned the re
public, was the Whig, (urt, who died for it, the
Tory cf Rome ; such at least was the common
cant of"political harangues; the inlidious tale
of" hypocritical demagogues.
WARSAW, July 14. J
WE are' in great spirits here at
present, from a very confident
rumour through the city, that affairs
between this country and Rnffia are
in a train of accommodation->-and
which is a matter that seems to be
generally credited, even among the
superior order of citizens.
Heaven grant the rumour may ha*«
foundation, and save this country
from a wide spreading scene ofblooa
ftied !
COBLENTZ, July 30.
The Pruflian army, compofcd of
152,000 combatants, encamped on the
plains near this town,received orders
at three o'clock this morning to be
gin their march towards Treves, on
their way to the borders of f ranee.
The king is at their head, and "ill
remain with them during the whule
of this expedition.
MENTZ, July 26.
Several convoys paiied through this
place yetterday, intended for the ar
my of the Prince de Conde.
Three French spies wereyeflerday
arretted, in the neighborhood of
Frankfort, each of them had a lettci
concealed, one in his cane, another
in the heel of his boot, and the thir
in the lining of his hat. They * ere
bound, and fattened to a convoy ot
Prussian artillery. It is expected that
they will be speedily executed.
JERSEY, Angnft j.
The importation of pencil In
encreafes every day. Hariafle '<
the populace, they have been ot'
to seek an afyluni in this 1 an .
There ait now near joo in J el
exclusive of the Nobility, who mani
fell a generous ipirit of benevo enc
in the holpitahty with which ti
receive these poor fugitives, an
the readinei/ with which the) ie te v
their wants. „
CATULLUS.