JEFFERSON AND THE FRENCH REVOLUTION

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Jefferson has often been represented, both by his enemies and friends, as the American exponent of the theories of the French Revolution. The possible influence exerted upon the development of his political philosophy by French thought has been the subject of lengthy discussions and probably will never be determined with any degree of exactness. It is very difficult to see how a man of his character could have remained in Paris for more than five years without participating in some manner in the great battle of theories which preceded the French Revolution. He associated with Lafayette and his group of "republicans", exchanged some correspondence with Condorcet, frequently saw AbbÉ Morellet, was introduced by Benjamin Franklin to Madame HelvÉtius and her coterie; he worked with Du Pont de Nemours on commercial questions, subscribed to papers and gazettes and to the "EncyclopÉdie MÉthodique", a continuation and systematization of Diderot's "EncyclopÉdie."

But when all is said, the most careful scrutiny of the letters he wrote during that period fails to reveal any enthusiasm or even any endorsement of the many and somewhat contradictory political doctrines which were preached in France at the time. I do not even see that his prolonged sojourn in France modified to any extent the conclusions he had already reached independently in the "Notes on Virginia." When he arrived in Paris he was over forty and had been in public life for almost fifteen years; he had written not only the Declaration of Independence but many reports on vital questions; he had participated actively and for several years in the deliberations of the Virginia Assembly and of the Congress of the United States and he had been chief executive of his native State. Such a man was not a student coming to Paris to sit at the feet of French masters; he was considered by the French themselves, not only as a master but as the apostle of the religion of liberty.[182] They looked up to him for advice and help, for he had over them the great superiority of having been more than a simple theorizer; he had contributed to a great movement of liberation; he was the promoter of the Bill for Religious Freedom; he had proposed a complete plan of public education and he had proclaimed in a national document the inviolable rights of man. They had much to learn from Jefferson and he was not reluctant to teach them, but he never felt that his French friends could repay him in kind. On the other hand, it cannot be denied that he was very happy to find enunciated in a very clear and logical way some of his favorite ideas; it is equally certain that France was to him a living demonstration and a sort of horrible example of all the evils caused by aristocratic, monarchical, and ecclesiastical oppressions. His sojourn in France had at least the effect of making him more intensely, more proudly American than he was before sailing, and more convinced than ever of the unsurpassed superiority of the civilization which had already developed on the northern continent of the New World.

This sentiment appears even during the first year of his stay in Paris in a letter to Mrs. Trist:

It is difficult to conceive how so good a people, with so good a king, so well-disposed rulers in general, so genial a climate, so fertile a soil, should be rendered so ineffectual for producing human happiness by one single curse—that of a bad form of government. But it is a fact in spite of the mildness of their governors, the people are ground to powder by the vices of the form of government. Of twenty millions of people supposed to be in France, I am of opinion there are nineteen millions more wretched, more accursed, in every circumstance of human existence, than the most conspicuously wretched individual of the whole United States.... Nourish peace with their persons, but war against their manners. Every step we take towards the adoption of their manners is a step to perfect misery.[183]

This was no passing mood: a few weeks earlier he had written much more vehemently to his friend and "ÉlÈve", James Monroe, engaging him to come to France in order to see for himself the extraordinary superiority of America over Europe and particularly France.

It will make you adore your own country, it's soil, it's climate, it's equality, liberty, laws, people & manners. My God! how little do my country men know what precious blessings they are in possession of, and which no other people on earth enjoy. I confess I had no idea of it myself. While we shall see multiplied instances of Europeans going to live in America, I will venture to say no man now living will ever see an instance of an American removing to settle in Europe & continuing there.[184]

But unhappy as they are, the French are lovable, for he loved them with all his heart and thought that, "with a better religion, a better form of government and their present Governors, their condition and country would be most enviable." At any rate they were to be preferred to the "rich, proud, hectoring, swearing, squibbling, carnivorous animals who lived on the other side of the Channel."[185]

At the beginning of his stay, Jefferson paid little attention to the internal affairs of the country; the only incident worth comment during his first year in Paris was the imprisonment of the chief editor of the Journal de Paris who was sent to the Bastille, perhaps to end his days there:

Thus—wrote he—you see the value of energy in Government for such a measure, which would have been wrapt in the flames of war and desolation in America, ends without creating the slightest disturbance. Every attempt to criticize even mildly the government is followed immediately by stern measures, suppressing the London papers, suppressing the Leyden Gazette, imprisoning Beaumarchais, and imprisoning the editor of the Journal, the author of the Mercure, etc.[186]

It is not until February, 1786, that he gave hints, quite incidentally, that the situation might become critical and that serious disturbances might be feared for the future.

But he did not see anywhere any immediate danger of a political commotion and during that year he continued to repeat in his letters that "Europe was very quiet for the present." As a matter of fact, he had come to the conclusion that the case of the Old World was hopeless; they were past redemption and, "if the Almighty had begotten a thousand sons, instead of one, they would not have sufficed for this task. If all the sovereigns of Europe undertook to emancipate the minds of their subjects, a thousand years would not place them on that high ground on which our common people are now setting out." France has become a horrible example to place constantly before the eyes of America, to remind her that the most important factor for the happiness of the people is the diffusion of common knowledge that will enable them to preserve themselves from kings, nobles, and priests, for it is impossible to imagine a people of more pleasant dispositions, more made for happiness, surrounded by so many blessings of nature, and yet "loaded with misery by kings, nobles, and priests, and by them alone."[187]

Never before had Jefferson been so vehement in his denunciations of kingly and priestly usurpations, never had he been so positive of the necessity of preserving American civilization from any foreign influences. But again this is not with him an a priori view, it is the result of his observations more than of his theories.

He was confirmed in his hatred of the French rÉgime by his conversations with Latude, who "comes sometimes to take family soup with me, & entertains me with anecdotes of his five & thirty years imprisonment, all of which for having written four lines on Madame de Pompadour."[188]

In a letter to Washington already quoted, but capital for the history of his mind, he remarked that before coming to Europe he had not even begun to suspect the evils of monarchical government; what he saw there brought home to him the conviction that "as long as a single fibre of it would remain in America, the scourge that is rendering existence a scourge to 24 out of 25 parts of the inhabitants of this country might break out."[189]

As late as 1787 he was still persuaded that under pretence of governing, the ruling classes have divided the nations into two classes, wolves and sheep: "But what can the sheep do against the wolves except to submit, to suffer without any hope of ever changing the established order."[190]

His first mention of the possibility of introducing some modification in the existing order does not occur before he heard of the convocation of the Assembly of the Notables "which had not been done for one hundred and sixty years"; but this interests him only mildly at the beginning, as nothing certain could be known about the program of the Assembly.[191] A few days later he admitted to Colonel Edward Carrington that "this event which will hardly excite any attention in America is deemed here the most important one which has taken place in their civil life during the present century." But his only real interest in it was that Lafayette had finally been put on the list and was the youngest of the Notables but one.[192] He felt that it was his duty to attend the first meeting of the Notables, and still more to pay his call to the new minister Montmorin—the only thing that detained him in Paris, and when he wrote to John Adams and Jay to describe the inaugural session opened by the king, he restricted himself to a dry recital of facts. With a prince of the blood at the head of each committee, he did not expect great results from the convocation and was skeptical about the efficiency of the members.[193] Just as he was leaving Paris for his long extensive trip to the South of France, he thought, however, of sending a last word of advice to Lafayette whose republican ideas he evidently feared. It was a counsel of prudence. Whatever may have been his sympathies for the republicans, in his opinion France was not ready for a complete change in her system of government.

Least of all was she ready for a democratic experiment. Consequently Jefferson, the American patriot, the enemy of England, the alleged hater of aristocracies, advised his friend "to proceed step by step, towards a good constitution, keeping the good model of your neighboring country before your eyes. Though that model is not perfect, yet, as it would unite more suffrages than any new one which could be proposed, it is better to make that the object.

"You see how we Republicans are apt to preach", he said in conclusion; but his letter was more than a sermon; it contained also the advice of a shrewd and very practical politician who recommended that every possible effort be made to give the king what he wanted in the way of personal expenses. "If every advance is to be purchased by filling the royal coffers with gold, it will be gold well employed. The King who means so well, should be encouraged to repeat those Assemblies."[194]

That was all he could say, and even so he had probably said too much, for it was a risky thing for a diplomat to write about or to discuss at all. Jefferson was certainly guilty of trespassing on a province that constituted an essential part of the internal politics of the kingdom. And yet the charge of plotting against the existing government cannot be laid at his door. As long as he remained in France, and I believe, even after he came back to America, he carefully refrained from giving any encouragement to those of his French friends who held radical views. He was caught in the torrent and, as we shall see later, did not always observe the reticence of an old-fashioned diplomat; but whatever influence he exerted was exerted in order to maintain rather than to overthrow the existing order of things.

During his trip he observed the condition of the peasants and, much to his surprise, found among them a smaller degree of poverty than he had expected; but if he made observations and entered many minute facts in his diary, he did not come to any conclusion nor did he seem to have been interested by the state of mind of the people. He had judged them once for all, he knew that they were priest-ridden and lord-ridden and did not see how any real reform might originate from them. Once, however, but only once, did he indicate that he had paid serious attention to the work before the Assembly. Writing to Lafayette's aunt, Madame de TessÉ, in the evident expectation that she would communicate his ideas to the proper persons, he drew up an almost complete plan of administrative reforms: To have frequent meetings of the Assembly of Notables; the Assembly to be divided into two houses—the Noblesse and the Commons; the Commons to be taken from those chosen by the people for provincial administrations; the number of deputies for the Nobility to be reduced. These two Houses so elected "would make the King great and the people happy." And the next sentence expresses very cleverly, too cleverly perhaps, that this innocuous reform would in fact be a sort of revolution, the name of which would be avoided. "They would thus put themselves in the track of the best guide they can follow (the king); they would soon overtake it, become its guide in turn, and lead to the wholesome modifications wanting in that model, and necessary to constitute a rational government." What he had in mind at the time was a sort of government following very closely the lines of the British, not as an ideal but as a temporary measure; for before the eyes of his friends he held another prospect. But for the present that was the maximum they could wisely expect; "should they attempt more than the established habits of the people are ripe for, they may lose all, and retard indefinitely the ultimate object of their aim."[195]

Commerce more than politics absorbed all his attention when he came back from his trip. He found time, however, to send to Madison his first estimate of the king and queen, a most unflattering portrait of poor Louis XVI.

The King loves business, economy, order, and justice, and wishes sincerely the good of his people; but he is irascible and rude, very limited in his understanding, and religious, bordering on bigotry. He has no mistress, loves his queen, and is too much governed by her. She is capricious like her brother, and governed by him: devoted to pleasure and expense; and not remarkable for any other vices or virtues. Unhappily the King shows a propensity for the pleasures of the table. That for drink has increased lately, or, at least, it has become more known.[196]

It was not until August that he summed up in a letter to Monroe the great improvements in the constitution of the French effected by the AssemblÉes des Notables. He was surprised at the great explosion of joy, which he thought unwarranted; for after all, even the unexampled boldness of the enemies of the rÉgime was nothing but the "follies of nations in their dotage."[197] Yet writing to John Jay the next day he took a more serious view of things and declared "It is evident, I think, that a spirit of this country is advancing towards a revolution in their constitution. There are not wanting persons at the helm, friends to the progress of this spirit. The Provincial Assemblies will be the most probable instrument of effecting it."[198]

But it is primarily from the American point of view that he continues to be interested, and he becomes more and more convinced that, "with all its defects, and with all those of our particular governments, the inconveniences resulting from them, are so light in comparison with those existing in every other government on earth that our citizens may certainly be considered as in the happiest political situation which exists."[199] With more intimate friends he was far more violent and outspoken, as in the letter he wrote the same day to Colonel Humphreys. It is seldom he indulges in these outbursts of passionate invective, so seldom that it may be wondered whether his expression is not stronger than his thought:

From these events, our young Republic may learn useful lessons, never to call on foreign powers to settle their differences, to guard against hereditary magistrates, to prevent their citizens from becoming so established in wealth and power, as to be thought worthy of alliance ... in short to besiege the throne of heaven with eternal prayers, to extirpate from creation this class of human lions, tigers, and mammoths called Kings; from whom, let him perish who does not say, "good Lord deliver us!"[200]

He had caught something of the general fever, and he drew a vivid picture of Paris with crowds surrounding the "Parliament House", stopping carriages in the queen's livery, indulging in bons mots, caricatures, "collecting in mobs, and yet the King, long in the habit of drowning his cares in wine, plunges deeper and deeper. The Queen cries, but sins on", and the only practical result one can see is that "all tongues in Paris and in France have been let loose."[201] The same note is given six weeks later in a letter to John Jay. "The King goes for nothing. He hunts one half of the day, is drunk the other, and signs whatever he is bid."[202] Even the reforms, the most important from the point of view of the French, seem to him insignificant, and when the edict on the Protestants appears, it is cruelly analyzed by the American minister:

It is an acknowledgement that Protestants can beget children, and that they can die, and be offensive unless buried. It does not give them permission to think, to speak, or to worship.... What are we to think of the condition of the human mind in a country, where such a wretched thing as this throws the State into convulsions, and how must we bless our own situation in a country, the most illiterate peasant of which is a Solon, compared with the authors of this law.[203]

When he wrote his "Autobiography", Jefferson used very extensively not only the notes he had taken when in Paris but the press copies of his correspondence, and on the whole gave an accurate picture of the events that immediately preceded the French Revolution—those he had witnessed before his departure from Paris, in October, 1789. But, true as the picture may be, it is not progressive, and here we aim not to trace again the main episodes of the French Revolution, but the development of Jefferson's mind, his reaction towards the events. Most of all we must seek to find out from contemporary evidence whether the old accusation launched by Gouverneur Morris, seized upon eagerly by Jefferson's enemies, and since repeated again and again, is in any way justified.

We have already seen that, with a corrupted court, a weak king, a selfish and ignorant queen, the only remedy he recommended at first was for the French not to reconquer their liberties by force and by a revolution, but gradually to buy them from the king. Yet he foresaw that the nobility would make a sort of alliance with the people, that is to say the tiers État, in order to get money from them, and he held the rather cynical view that "Courtiers had rather give up power than pleasures; they will barter, therefore, the usurped prerogatives of the King, for the money of the people. This is the agent by which modern nations will recover their rights."[204] This is written, not to Jay in a confidential letter, but to a French liberal of his acquaintance, and that practical piece of advice cannot be called philosophical. Altogether the results reached by the AssemblÉe des Notables were small and the king terribly slow to see the light. So for a long time Jefferson refused not only to encourage but even to admit that he was witnessing the beginnings of a true revolution. Writing to Rutledge in July, 1788, he declared "That the struggle in this country is, as yet, of doubtful issue. It is, in fact, between the monarchy and the parliaments. The nation is no otherwise concerned, but as both parties may be induced to let go some of its abuses, to court the public favor. The danger, is that the people deceived by a false cry of liberty, may be led to take sides with one party, and thus give the other a pretext for crushing them still more."[205] Writing to Cutting a few days later he was more optimistic. Most of the late innovations had been much for the better; a convocation of the States-General could not be avoided; "it will produce a national assembly meeting at certain epochs, possessing at first a negative on the laws, but which will grow into the right of original legislation. Much could be hoped from the States-General and it was also to be hoped that all this will be effected without convulsion."[206]

Such was his confident expectation. He foresaw "that within two or three years this country will be in the enjoyment of a tolerably free constitution, and that without its having cost them a drop of blood."[207]

To Carmichael he described his own attitude as that of a bystander, not otherwise interested, but entertaining a sincere love for the nation in general and a wish to see their happiness promoted, "keeping myself clear of the particular views and passions of individuals."[208] Had he felt differently he would not have taken into his confidence a man for whom he felt no particular friendship; but, at that date at least, he could make that statement without departing from the exact truth. As far as contemporary evidence is concerned, it does not seem that he ever urged his friends forward, but on the contrary he always advised them to play a waiting game, and to keep from having recourse to violence. About the middle of that year, 1788, he toned down his severe estimate of the king, to whom he attributed "no foible which will enlist him against the good of his people."[209] Calonne had been removed and Necker called in as Director General of finance; things were looking decidedly better, a convocation of the States-General had been decided upon; the issue depended largely on three possible solutions: whether the three orders would meet separately; whether the clergy and the nobility would form a house and the Commons a second one; or finally whether the three orders would meet in one house which would give the majority to the Commons. The choice was really thought incumbent upon the king, who thus had the power to place the people on his side if he was wise enough to prefer to have on his side twenty-three millions and a half instead of the other half million.[210]

At the end of 1788, with the convocation of the States-General announced for the beginning of the following year, he was still very optimistic, but he had not departed from his cautious and reserved recommendations. The States could not succeed if they asked too much, for the Commons would frighten and shock the court and even alarm the public mind. If any durable progress was to be accomplished, it would have to be by degrees and successive improvements. Such probably would be the course followed, unless an influence unaccountable, impossible to measure, and yet powerful entirely changed the situation: "The fact that women visit alone persons in office, solicit in defiance of laws and regulations, is an extraordinary obstacle to the betterment of things, unbelieveable as it may be to the inhabitant of a country where the sex does not endeavour to extend itself beyond the domestic line."[211]

He did not even believe that any real reform could be accomplished beyond fixing periodical meetings of the States-General and giving them the right to participate in the legislation and to decide on taxes. They did not seem to be unanimously in favor of the habeas corpus; as for the freedom of the press,—"I hardly think the nation itself ripe to accept it."[212] This was his prophecy at the beginning of 1789, and during the first month of the year he had no occasion to express new views, since everybody was in the provinces "electioneering, choosing or being chosen." With his experience of Assemblies, however, he could not help wondering how any result could be accomplished with a body which was to include some twelve hundred persons and moreover to consist of Frenchmen, among whom are always more speakers than listeners.[213] In a letter to Thomas Paine we find the first intimation that Jefferson began to be influenced by the political thinkers of France or rather to discover in them a certain quality of thought and presentation that make their work of some use for the American people. They were at any rate much preferable to the Englishman, who "slumbering under a kind of half reformation in politics and religion, is not excited by anything he sees or feels, to question the remains of prejudice. The writers of this country, now taking the field freely and unrestrained, or rather involved by prejudice, will rouse us all from the errors in which we have been hitherto rocked."[214] Taken in itself and without the context this sentence would tend to indicate in Jefferson an almost unreserved approval of the doctrines of the radical reformers and of the very spirit of the French Revolution, but as is so often the case with him, the real meaning is hidden in the last part. It was not so much in their theoretical views he was interested as in the fact that "their logical presentation, might be used in America to overcome the last resistance to the establishment of a true republican rÉgime free from any vestige of monarchical order." But that he hoped that such radical reforms could succeed in France is not indicated. His complete thought is far better expressed in the letter written the next day to Humphreys:

The writings published on this occasion are, some of them, very valuable; because, unfettered by the prejudices under which Englishmen labor, they give a full scope to reason, and strike out truths, as yet unperceived and unacknowledged on the other side of the channel.... In fine, I believe this nation will, in the course of the present year, have as full a portion of liberality dealt out to them, as the nation can bear at present, considering how uninformed the mass of their people is.[215]

On the other hand, to believe that they would be able to establish a truly representative and free government was certainly inconceivable to him at this date. To the last moment he hoped that some sort of an agreement would be possible between the nobility and the Commons, for he had decided very early that no confidence should be placed in the clergy. He was looking forward to a close coÖperation between the younger part of the nobility and the Commons, who, working together with the king, would seek the support of the people and accomplish important reforms. No fundamental change however could be expected, since the French refused to show any interest in the most vital question of trial by jury.

But as soon as the States-General were opened he realized that he had been too optimistic. Since the "Noblesse" would not yield and wanted their delegates to do their dirty work for them, the only manly stand to take for a man like Lafayette, who although of liberal opinion had solicited and obtained a mandate from the nobility, was to go over wholly to the tiers État. The opening of the States-General was as imposing as an opera but it was poor business,[216] and even at that time Jefferson placed his confidence in the king who grew astonishingly in his estimation during this year: "Happy that he is an honest, unambitious man who desires neither money nor power for himself; and that his most operative minister (Necker), though he has appeared to trim a little, is still, in the main, a friend to public liberty."[217]

As the deadlock continued, the three orders sitting separately without being able to settle the "great parliamentary question whether they would vote by orders or by persons", Jefferson favored more and more the only solution which, in his opinion, could prevent complete failure,—a triumph of despotism or a sort of civil war:

This third hypothesis which I shall develop, because I like it, and wish it, and hope it, is that as soon as it shall be manifest that the committees of conciliation, now appointed by the three chambers, shall be able to agree in nothing, the Tiers will invite the other two orders to come and take their seats in the common chamber. A majority of the Clergy will come, and the minority of the Noblesse. The chamber thus composed, will declare that the States General are now constituted, will notify it to the King, and propose to do business.[218]

At this juncture, Jefferson, in his anxiety to effect a satisfactory compromise, broke all diplomatic precedence; he could not and did not wish to write a French Declaration of Independence; but he could at least propose some form of government which would recognize the fundamental rights of the French citizen while preserving the appearance of the old monarchy. He therefore drew up a "Charter of Rights for the King and Nation" and sent it, not only to Lafayette, but also to Rabaud de Saint Etienne, a prominent defender of the newly reinstated Protestants. In view of the developments that took place later, Jefferson's proposal does not seem revolutionary. At that time, however (June 3, 1789), it went much farther than the Court was willing to go. No appeal to abstract principle and no mention of rights was made. The main provisions consisted of an annual meeting of the States-General, which alone had the right to levy taxes and to appropriate money; the abolishment of all privileges, a sort of habeas corpus, the subordination of the military to the civil authority and liberty of the press. In order to induce the king to accept these new charters, all debts already contracted by him became the debts of the nation, and he was to receive a sum of eighty million livres to be raised by a loan. Thus Jefferson was attempting to put into effect the advice he had several times given his French friends: to buy their liberty from the king rather than bring about a revolution. I leave it to others to judge of the morality of the expedient. Certainly it was not in accord with the old battle cry of Patrick Henry. But once more Jefferson was consistent in so much as he had always maintained that what was good for America was not necessarily good for France. Moreover, he knew there was no need to stir up the spirit of the Assembly by inflammatory declarations. More than any incitement to take radical steps they needed a dose of cool common sense.

Unfortunately the man at the helm (Necker) "had neither skill nor courage; ambition was his first passion, virtue his second, his judgement was not of the first order not even of the second", and the ship continued to drift in the storm. On June 18, 1789, Jefferson wrote a long letter to Madison, to indicate the situation of the different parties after the Commons had proclaimed themselves the National Assembly on the fifteenth. His characterization even to-day seems remarkably clear and disinterested. He sided decidedly with the Commons who had in their chamber almost all the talents of the nation;

They are firm, bold, yet moderate. There is, indeed, among them, a number of very hot-headed members; but those of most influence are cool, temperate and sagacious.... The Noblesse on the contrary, are absolutely out of their senses. They are so furious, they can seldom debate at all.... The Clergy are waiting to profit by every incident, to secure themselves, and have no other object in view.

Jefferson, however, paid tribute to the curÉs who, throughout the kingdom, formed the mass of the clergy: "they are the only part favorably known to the people, because solely charged with the duties of baptism, burials, confession, visitation of the sick, instruction of the children, and aiding the poor, they are themselves of the people, and united with them."[219] The letter to Jay of June 24 is a day-by-day recital of the succession of events, the suspension of the meetings of the National Assembly, the serment of Jeu de Paume on the twentieth, the sÉance royale of June 23 and the refusal of the tiers État to deliberate separately.

Jefferson could not help admiring the tenacity of the AssemblÉe Nationale, but at the same time estimated that they were going too far and had formed projects that were decidedly too ambitious. "Instead of being dismayed with what has passed, they seem to rise in their demands, and some of them to consider the erasing of every vestige of a difference of order as indispensable to the establishment and preservation of a good constitution. I apprehend there is more courage than calculation in this project."[220]

A letter of Lafayette to Jefferson dated Versailles, July 4, contains an interesting postscriptum: "Will you send me the bill of Rights with your notes." A subsequent letter is even more pressing: "To-morrow I propose my bill of rights about the middle of the sitting; be pleased to consider it again and make your observations." As Lafayette introduced his "DÉclaration EuropÉenne des droits de l'homme et du citoyen" on July 11, 1789, the latter may be dated July 10. I had the good fortune to find in the Jefferson papers not one text but two of the Declaration.

One of the versions probably antedated by several months the meeting of the National Assembly. Jefferson had it in his hands as early as the beginning of 1799 and he even sent a copy of it to Madison on January 12.[221] The second text, far more important, was annotated by Jefferson in pencil. Although the handwriting is faint, it is perfectly legible. The emendations and corrections he suggested are quite characteristic, and are studied more in detail in the text I have published elsewhere.[222]

Some of the modifications suggested by Jefferson do not require any comment; they are mere verbal changes such as the substitution of "tels sont" for "tels que". But as Lafayette had enumerated among the essential rights of man "le soin de son honneur" and "la propriÉtÉ", Jefferson put both terms in brackets, thus indicating that they should be taken out. The elimination of the first term is probably due to the fact that Montesquieu had indicated that "honneur" is the main principle on which rests monarchical government and is easily understandable. The elimination of the "droit de propriÉtÉ" can only be explained if we refer to the document in which Jefferson had "explained to himself" his theory of natural rights, and established a distinction between the natural rights and the civil rights. Lafayette accepted the first correction but not the second; he was too much under the influence of his physiocratic friends even to understand the much more advanced theory of Jefferson. The project he submitted to the Assembly, as well as the three "DÉclarations des droits de l'homme", consequently followed on this point the Virginia Bill of Rights rather than the Declaration of Independence.

In a similar way, Lafayette had listed the powers constituting the government in the following order: "exÉcutif, lÉgislatif et judiciaire", and refused to follow the order suggested by Jefferson's "lÉgislatif, exÉcutif, judiciaire". This was more than a mere question of arrangement; there was evidently in the minds of both Jefferson and his French friend a question of hierarchy and almost subordination; if it is a mere nuance, the nuance was very significant. The last paragraph deserves even more careful consideration. In the January version it read: "Et comme le progrÈs des lumiÈres, et l'introduction des abus nÉcessitent de temps en temps une revision de la constitution...." The second edition annotated by Jefferson expressed the same idea in much more definite terms: "Et comme le progrÈs des lumiÈres, l'introduction des abus et le droit des gÉnÉrations qui se succÈdent nÉcessitent la rÉvision de tout Établissement humain, il doit Être indiquÉ des moyens constitutionnels qui assurent dans certain cas une convocation extraordinaire de reprÉsentants dont le seul objet soit d'examiner et modifier, s'il le faut, la forme du Gouvernement." This mention of the "droit des gÉnÉrations qui se succÈdent" seems a typically Jeffersonian idea. The same theory will be found fully developed in a letter to Samuel Kercheval written in 1816 and dealing with the revision of the Constitution of Virginia. It was expressed originally in a letter to James Madison, written from Paris on September 9, 1789. Curiously enough, Jefferson declared then that this theory had never been proposed before: "The question whether one generation of men has a right to bind another, seems never to have been started on this or on our side of the water. Yet it is a question of such consequence as not only to merit decision, but places also the fundamental principles of every government."[223] It is true that this special point was not retained in the "DÉclaration des droits de l'homme" as finally adopted by the AssemblÉe Nationale in its sessions of August, 1789, although it was proposed by Montmorency and reappeared as the last article of the "DÉclaration" of the Convention Nationale of May 29, 1793. But one may wonder how Jefferson could overlook the fact that the same principle was embodied in Lafayette's "Declaration." It is very unlikely that he would have claimed credit for the idea if it had been originated by his friend. A more acceptable explanation would be to admit that having suggested to Lafayette a theory which was not retained by the committee, he felt perfectly free to state that "the question had never been started."

The American plenipotentiary was not an eye-witness of the famous scenes of the fourteenth of July, or as he calls it "the tumult of Paris", but he learned about it fully from M. de Corny, and wrote to Jay a long and interesting account (July 19) of the capture of La Bastille, the return of the king to Paris and the presentation of the national cockade.[224]

In the meantime he was placed in a very embarrassing situation by his French admirers. The prestige of the author of the Declaration of Independence was such that the committee in charge of a plan of constitution thought they could do no better than to call into consultation the Minister of the United States. Champion de CicÉ, Archbishop of Bordeaux and chairman of the committee, sent him an urgent appeal to attend one of the first meetings, so that they might profit by the light of his reason and experience.[225] Jefferson, after mentioning the invitation, relates the incident in his "Autobiography" as follows: "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 charter." This may be the sense he wished to convey to Champion de CicÉ but the actual letter is far less categorical. Contrary to his custom he wrote it himself, although it is in French, alleging that the dispatches for America took all his time and adding that the committee would lay themselves open to criticism if they invited to their deliberations a foreigner accredited to the head of the nation, when the very question under discussion was a modification and abridgement of his powers. But he assured the archbishop of his most sincere and most passionate wishes for the complete success of the undertaking, which was certainly stretching diplomatic proprieties to the limit.

The deliberations of the committee went on without Jefferson's official assistance; but shortly after the project of the constitution was presented, the deputies came to a deadlock on the veto power to be given to the king. After some stormy meetings, Lafayette conceived the idea that the house of the Minister of the United States was the only place near Versailles where some tranquillity could be obtained. He consequently invited eight of his friends to take dinner at the house of Jefferson, and having no time to consult him on the matter, scribbled a note in great hurry to ask Jefferson to make the necessary preparations for the unexpected guests: "Those gentlemen wish to consult with you and me; they will dine to-morrow at your house, as mine is always full."[226]

Jefferson has given a somewhat embellished account of the memorable dinner in his "Autobiography." The mention of it in a letter to John Jay a few weeks later is less florid and probably more accurate.[227] The members of the committee discussed together their points of difference for six hours, and in the course of the discussion agreed on mutual sacrifices. Writing from memory, at the age of seventy-seven, Jefferson added: "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."[228]

Whether Jefferson remained a silent witness during these six hours is not so improbable as it would seem. It may well be doubted whether his knowledge of French was sufficient to enable him to participate in an animated discussion with eight Frenchmen. Under the circumstances silence was as much a necessity as a virtue. But when the American minister woke up the next morning he realized that it was impossible to keep the thing secret and that the French Government had every right to blame him for lending his house for a discussion of French internal politics. Unpleasant as it was, the only thing to do was to make a clean breast of it. He went at once to Montmorin to tell him "with truth and candor how it happened that my house had been made the scene of conferences of such a character."—"He told me," Jefferson continued, "that he already knew everything which had passed," which is the stock answer of the professional diplomat, whether he wishes to appear well-informed or wants to draw some further information from his interlocutor. Jefferson opened his heart, and if Montmorin did not know everything before giving audience to the American minister, there was little he did not know after hearing his account of the dinner.

With this curious incident, Jefferson ends his account of the French Revolution. During the year, he had complained on several occasions that his French friends seemed unable to realize the importance of insisting on trial by jury in criminal cases. He finally persuaded one of the "abbÉs" to study the question thoroughly and on that occasion indicated exactly how he stood in matters of government. All told, his views had not changed much, and at that time he would not have accepted without reservations and qualifications the famous principle of "government by the people." There was still in his mind, if not in all his formulas, a tacit admission that all the people could not unreservedly participate in all branches of government. Nothing could be clearer than the distinctions he established and nothing could be less demagogical.

"We think, in America, that it is necessary to introduce the people into every department of government, as far as they are capable of exercising it; and that this is the only way to insure a long-continued and honest administration of its power." Then he proceeded to define, point by point, the extent to which the people could safely be allowed to participate in the executive, legislative, and judiciary branches of the government.

1. They are not qualified to exercise themselves the executive department, but they are qualified to name the person who shall exercise it. With us, therefore, they choose this officer every four years. 2. They are not qualified to legislate. With us therefore, they only choose the legislators. 3. They are not qualified to judge questions of law, but they are very capable of judging questions of fact. In the form of juries, therefore, they determine all matters of fact, leaving to the permanent judges to decide the law resulting from those facts.[229]

Thus spoke the champion of democracy at the beginning of the French Revolution, after spending five years in Paris and supposedly permeating his mind with the wild theories of the French philosophers. And what he said of the people on this occasion did not apply to the French people alone, for he made it clear that it was the political theory applied "in America." It was essentially the theory of government by experts which he already had in mind when he proposed the reorganization of the College of William and Mary. In 1778, as well as in 1789, Jefferson did not hesitate to proclaim that if the source of all power was in the people, the people could not exercise their power in all circumstances, that they had to delegate their authority to men really qualified, retaining only the right to select them. This may not be the common acceptation of the term "Jeffersonian democracy", but I have a strong suspicion that on the whole Jefferson never changed much in this respect. He certainly never stood for mob rule, nor for direct government by the masses, and he knew too much about the delicate and complicated wheels of government to believe that the running of such a tremendous machine could be intrusted to untrained hands.

As for the French, he trusted them even less, and never believed, as long as he remained in France, that they were prepared for self-government. He refused to consider that a real revolution had started before his eyes or was even in sight. "Upon the whole," he wrote to Madison shortly before his departure from Paris, "I do not see yet probable that any actual commotion will take place; and if it does take place, I have strong confidence that the patriotic party will hold together, and their party in the nation be what I have ascribed it." Up to the last moment he held the belief that the king, "the substantial people of the whole country, the army, and the influential part of the clergy, formed a firm phalanx which must prevail."[230] The analysis of the situation sent to Jay just as he was about to leave Paris does not indicate even the possibility of establishing a republic, since the only parties he distinguished were:

... the aristocrats, comprehending the higher members of the clergy, military, nobility, and the parliaments of the whole kingdom; the moderate royalists who wish for a constitution nearly similar to that of England; the republicans who are willing to let their first magistracy be hereditary, but to make it very subordinate to the legislature, and to have that legislature consist of a single chamber.[231]

Jefferson was not the man to indulge in effusions even when he was deeply moved and throughout his mission in France he deliberately refrained from any expression of personal feelings. But the love and friendship of the French for the United States was so general and so genuine, it formed such a contrast with the cold and tenacious enmity of Great Britain, that the American minister was won and conquered by it and had to come to the conclusion that "nothing should be spared to attach this country to us. It is the only one on which we can rely for support, under every event. Its inhabitants love us more, I think, than they do any other nation on earth. This is very much the effect of the good dispositions with which the French officers returned."[232] Everybody is familiar with the closing lines of Jefferson's account of his mission to France: "So, ask the traveller inhabitant of any nation, in what country 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 your second choice? France."

These lines were written at the twilight of his life, when his memory took him back to the wonderful days he had lived in Paris, while the old rÉgime was shedding the last rays of its evanescent glory. Less known, but far more revealing of his true feelings at the time, is a passage in one of his letters to James Madison. It is one of the very few times, and as a matter of fact, the first time when he declared that the nations of the world had to abandon their old code of selfishness and that a new principle of international life had to be recognized. For there is only one standard of morality, one code of conduct between nations as between individuals.

It is impossible—he wrote—to desire better dispositions towards us than prevail in this Assembly. Our proceedings have been viewed as a model for them on every occasion; and though in the heat of debate, men are generally disposed to contradict every authority urged by their opponents, ours has been treated like that of the Bible, open to explanation, but not to question. I am sorry that in the moment of such a disposition, anything should come from us to check it. The placing them on a mere footing with the English, will have this effect. When of two nations, the one has engaged herself in a ruinous war for us, has spent her blood and money to save us, has opened her bosom to us in peace, and received us almost on the footing of her own citizens, while the other has moved heaven, earth, and hell to exterminate us in war, has insulted us in all her councils in peace, shut her doors to us in every part where her interests would admit it, libelled us in foreign nations, endeavoured to poison them against the reception of our most precious commodities; to place these two nations on a footing, is to give a great deal more to one than to the other, if the maxim be true, that to make unequal quantities equal, you must add more to one than the other. To say, in excuse, that gratitude is never to enter into the motives of national conduct, is to revive a principle which has been buried for centuries with its kindred principles of the lawfulness of assassination, poison, perjury, etc. All of these were legitimate principles in the dark ages which intervened between ancient and modern civilization, but exploded and held in just horror in the eighteenth century. I know but one code of morality for men, whether acting singly or collectively.... Let us hope that our government will take some other occasions to show, that they proscribe no virtue from the canons of their conduct with other nations.[233]


                                                                                                                                                                                                                                                                                                           

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