The Marquis de la Luzerne had been for many years married to his brother's wife's sister, secretly. She was ugly and deformed, but sensible, amiable, and rather rich. When he was ambassador to London, with ten thousand guineas a year, the marriage was avowed, and he relinquished his cross of Malta, from which he derived a handsome revenue for life, and which was very open to advancement. Not long ago, she died. His real affection for her, which was great and unfeigned, and perhaps the loss of his order for so short-lived a satisfaction, has thrown him almost into a state of despondency. He is now here.
I send you a book of Dupont's, on the subject of the commercial treaty with England. Though its general matter may not be interesting, yet you will pick up in various parts of it, such excellent principles and observations, as will richly repay the trouble of reading it. I send you also, two little pamphlets of the Marquis de Condorcet, wherein is the most judicious statement I have seen, of the great questions which agitate this nation at present. The new regulations present a preponderance of good over their evil; but they suppose that the King can model the constitution at will, or, in other words, that his government is a pure despotism. The question then arising is, whether a pure despotism in a single head, or one which is divided among a king, nobles, priesthood, and numerous magistracy, is the least bad. I should be puzzled to decide; but I hope they will have neither, and that they are advancing to a limited, moderate government, in which the people will have a good share.
I sincerely rejoice at the acceptance of our new constitution by nine States. It is a good canvass, on which some strokes only want retouching. What these are, I think are sufficiently manifested by the general voice from north to south, which calls for a bill of rights. It seems pretty generally understood, that this should go to juries, habeas corpus, standing armies, printing, religion and monopolies. I conceive there may be difficulty in finding general modifications of these, suited to the habits of all the States. But if such cannot be found, then it is better to establish trials by jury, the right of habeas corpus, freedom of the press and freedom of religion, in all cases, and to abolish standing armies in time of peace, and monopolies in all cases, than not to do it in any. The few cases wherein these things may do evil, cannot be weighed against the multitude wherein the want of them will do evil. In disputes between a foreigner and a native, a trial by jury may be improper. But if this exception cannot be agreed to, the remedy will be to model the jury, by giving the mediatas linguæ, in civil as well as criminal cases. Why suspend the habeas corpus in insurrections and rebellions? The parties who may be arrested, may be charged instantly with a well defined crime; of course, the judge will remand them. If the public safety requires that the government should have a man imprisoned on less probable testimony, in those than in other emergencies, let him be taken and tried, retaken and retried, while the necessity continues, only giving him redress against the government, for damages. Examine the history of England. See how few of the cases of the suspension of the habeas corpus law, have been worthy of that suspension. They have been either real treason, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual, and the minds of the nation almost prepared to live under its constant suspension. A declaration, that the federal government will never restrain the presses from printing anything they please, will not take away the liability of the printers for false facts printed. The declaration, that religious faith shall be unpunished, does not give impunity to criminal acts, dictated by religious error. The saying there shall be no monopolies, lessens the incitements to ingenuity, which is spurred on by the hope of a monopoly for a limited time, as of fourteen years; but the benefit of even limited monopolies is too doubtful, to be opposed to that of their general suppression. If no check can be found to keep the number of standing troops within safe bounds, while they are tolerated as far as necessary abandon them altogether, discipline well the militia, and guard the magazines with them. More than magazine guards will be useless, if few, and dangerous, if many. No European nation can ever send against us such a regular army as we need fear, and it is hard, if our militia are not equal to those of Canada or Florida. My idea then, is, that though proper exceptions to these general rules are desirable, and probably practicable, yet if the exceptions cannot be agreed on, the establishment of the rules, in all cases, will do ill in very few. I hope, therefore, a bill of rights will be formed, to guard the people against the federal government, as they are already guarded against their State governments, in most instances. The abandoning the principle of necessary rotation in the Senate, has, I see, been disapproved by many; in the case of the President, by none. I readily, therefore, suppose my opinion wrong, when opposed by the majority, as in the former instance, and the totality, as in the latter. In this, however, I should have done it with more complete satisfaction, had we all judged from the same position.
Solicitations, which cannot be directly refused, oblige me to trouble you often, with letters recommending and introducing to you, persons who go from hence to America. I will beg the favor of you, to distinguish the letters wherein I appeal to recommendations from other persons, from those which I write on my own knowledge. In the former, it is never my intention to compromit myself or you. In both instances, I must beg you to ascribe the trouble I give you, to circumstances which do not leave me at liberty to decline it. I am, with very sincere esteem, dear Sir, your affectionate friend and servant.
[TO COLONEL W. S. SMITH.]
Paris, August 2, 1788.
Dear Sir, * * * * *
You arrived just in time to see the commencement of a new order of things. Our political machine is now pretty well wound up; but are the spirits of our people sufficiently wound down to let it work glibly? I trust it is too soon for that, and that we have many centuries to come yet before my countrymen cease to bear their government hard in hand. This nation is rising from the dust. They have obtained as you know, provincial assemblies, in which there will be a more perfect representation of the people than in our State assemblies; they have obtained from the King a declaration that he cannot impose a new tax without the consent of the States General, and a promise to call the States General. When these meet, they will endeavor to establish a declaration of rights, a periodical national assembly, and a civil list. I am in hopes that even a war will not interrupt this work. Whether, or rather when, this will come upon them, is still uncertain. I do not think the present ill humor between them and England can be cleared up but by a war, and that it is not very distant. England, Holland and Prussia, have now settled their alliance. Sweden has shown dispositions to take side with the Turks, and both, in the event of a general war, would be in the English scale. The contrary one would be formed by France, Spain, and the two empires. It even seems possible that Denmark will attach itself to France instead of England, rather than not be opposed to Russia. The symptoms of this as yet, however, are slight. The victory lately obtained by our Admiral Paul Jones over the Captain Pacha, will produce a great effect on the Turkish war. He burnt six of his vessels, among which was that of the Captain Pacha, and that also of his vice-Admiral, took two, and made between three and four thousand prisoners, and this with a much inferior force. It was the effect of a gross error in the Captain Pacha, instantaneously and dexterously taken advantage of by Paul Jones, who hemmed them up in the swash at the mouth of the Boristhenes, so that their vessels buried themselves in the mud, where they were burnt. The Captain Pacha escaped in a small vessel. His flag fell into the hands of the Russians. Let me hear from you sometimes, assured I shall always be interested in your success. Present me in the most friendly terms to Mrs. Smith, and accept the best affection of, dear Sir, your friend and servant.
P. S. August 6th. Later accounts of the actions between the Russians and Turks, informs us that Paul Jones commanded the right wing of the little fleet of gallies, &c., in the first action, which was not at all decisive, but that when the second and decisive action took place, which was still by the gallies, &c., the Prince of Nassau alone commanded, Paul Jones being absent with the ships of war which he commands.