I had now a family advanced to years which require my attention & instruction, that to these were added the hopeful offspring of a deceased friend whose memory must be forever dear to me who have no other reliance for being rendered useful to themselves & their country, that by a constant sacrifice of time, labour, loss, parental & family duties, I had been so far from gaining the affection of my countrymen, which was the only reward I ever asked or could have felt, that I had even lost the small estimation I before possessed. That however I might have comforted myself under the disapprobation of the well-meaning but uninformed people yet that of their representatives was a shock on which I had not calculated: that this indeed had been followed by an exculpatory declaration. But in the meantime I had been suspected & suspended in the eyes of the world without the least hint then or afterwards made public which might restrain them from supposing that I stood arraigned for treason of the heart and not merely weakness of the head; and I felt that these injuries, for such they have been since acknowledged had inflicted a wound on my spirit which will only be cured by the all-healing grave. If reason & inclination unite in justifying my retirement, the laws of my country are equally in favor of it. Whether the state may command the political services of all it's members to an indefinite extent, or if these be among the rights never wholly ceded to the public power, is a question which I do not find expressly decided in England. Obiter dictums on the subject I have indeed met with, but the complexion of the times in which these have dropped would generally answer them, besides that this species of authority is not acknowledged in our profession. In this country however since the present government has been established the point has been settled by uniform, pointed & multiplied precedents. Offices of every kind, and given by every power, have been daily & hourly declined & resigned from the declaration of independance to this moment. The gen assembly has accepted these without discrimination of office, and without ever questioning them in point of right. If a difference between the office of a delegate & any other could ever have been supposed, yet in the case of Mr. Thompson Mason who declined the office of delegate & was permitted so to do by the house that supposition has been proved to be groundless. But indeed no such distinction of offices can be admitted. Reason and the opinions of the lawyers putting all on a footing as to this question and so giving to the delegate the aid of all the precedents of the refusal of other offices. The law then does not warrant the assumption of such a power by the state over it's members. For if it does where is that law? nor yet does reason, for tho' I will admit that this does subject every individual if called on to an equal tour of political duty yet it can never go so far as to submit to it his whole existence. If we are made in some degree for others, yet in a greater are we made for ourselves. It were contrary to feeling & indeed ridiculous to suppose that a man had less right in himself than one of his neighbors or indeed all of them put together. This would be slavery & not that liberty which the bill of rights has made inviolable and for the preservation of which our government has been charged. Nothing could so completely divest us of that liberty as the establishment of the opinion that the state has a perpetual right to the services of all it's members. This to men of certain ways of thinking would be to annihilate the blessing of existence; to contradict the giver of life who gave it for happiness & not for wretchedness; and certainly to such it were better that they had never been born. However with these I may think public service & private misery inseparably linked together, I have not the vanity to count myself among those whom the state would think worth oppressing with perpetual service. I have received a sufficient memento to the contrary. I am persuaded that having hitherto dedicated to them the whole of the active & useful part of my life I shall be permitted to pass the rest in mental quiet. I hope too that I did not mistake the modes any more than the matter of right when I preferred a simple act of renunciation to the taking sanctuary under those disqualifications (provided by the law for other purposes indeed, but which affording asylum also for rest to the wearied. I dare say you did not expect by the few words you dropped on the right of renunciation to expose yourself to the fatigue of so long a letter, but I wished you to see that if I had done wrong I had been betrayed by a semblance of right at least. I take the liberty of inclosing to you a letter for Genl Chattelux for which you will readily find means of conveyance. But I meant to give you more trouble with the one to Pelham who lives in the neighborhood of Manchester & to ask the favor of you to send it by your servant express which I am in hopes may be done without absenting him from your person but during those hours in which you will be engaged in the house. I am anxious that it should be received immediately. Mrs Jefferson has added another daughter to our family. She has been ever since & still continues very dangerously ill. It will give me great pleasure to see you here whenever you can favor us with your company. in lighter occupations. But in these & all others you will find me to retain a due sense of your friendship & to be with sincere esteem, Dr Sir You will find me still busy but Your mo ob & mo hble servt. P. S. did you ever receive a copy of the Parl. debates & Histor. Register with a letter left for you with Mr Jas. Buchanan? TO THE GOVERNOR OF VIRGINIA. V. S. A. MONTICELLO Sep. 22. 1782. SIR, I do myself the honour of inclosing you a letter received from Mr Thomas Smith as agent for Mr Nathan. I have no idea that the laws, as they stand at present, can give him an action against me for assumpsits of public debts, made in council & so expressed with their unanimous advice, and this in the presence of Mr Nathan, who knew the debts to be public, who applied to me as a public officer for paiment, and who has never before pretended to consider it but as a public affair. And even were it possible that the present laws should leave me exposed to shipwreck where there never was anything in the nature of a private assumpsit, I suppose it not possible they should be permitted to remain so. The purpose of the present trouble I give your Excellency is to ask whether, should any suit be brought against me, I may take the liberty of remitting the defence wholly to the public whose concern alone it is? I had had some thoughts of abstracting myself awhile from this state by a journey to Philadelphia or somewhere else Northwardly; but I suppose it would not be safe for me to leave a state by whose laws I must certainly be protected & trust myself in another where that protection would be doubtful. TO ROBERT R. LIVINGSTON. J. MSS. CHESTERFIELD Nov. 26 1782. SIR, I received yesterday the letter with which you have been pleased to honour me inclosing the resolution of Congress of the 12th inst renewing my appointment as one of their ministers plenipotentiary for negotiating a peace, and beg leave through you to return my sincere thanks to that august body for the confidence they are pleased to repose in me and to tender the same to yourself for the obliging man |