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17. Returned to Congress
n the 15th of June, 1781, Mr. Jefferson was appointed, with Mr. Adams, Dr. Franklin, Mr. Jay, and Mr. Laurens, a minister plenipotentiary for negotiating peace, then expected to be effected through the mediation of the Empress of Russia. The same reasons, however, which induced him to decline a foreign station in 1776 constrained him on the present occasion to plead his excuse with Congress and entreat permission to remain at home. "Such was the state of my family," says he, "that I could not leave it, nor could I expose it to the dangers of the sea and of capture by the British ships then covering the ocean." This restraint released him from the meditated embassy, and the negotiation in fact was never entered on.
So imperfect is the light thrown on the private history of Mr. Jefferson, that it was not thought proper to interrupt the narrative of his public career for those general facts only of a domestic character that are incorporated in his autobiography. He was married on the 1st of January, 1772, to Mrs. Martha Skelton, widow of Bathurst Skelton, then twenty-three years of age. She was the daughter of John Wayles, a lawyer of extensive practice, to which he had been introduced more by his great industry, punctuality, and practical readiness than by any eminence in the science of his profession. He is represented to have been a most agreeable companion, full of pleasantry and good humor, which gave him a happy welcome into every society. He acquired an immense fortune by his practice at the bar and died in May, 1773, leaving three daughters. The portion which fell on that event to Mrs. Jefferson was about equal to Jefferson's own patrimony and consequently doubled the affluence of their circumstances.
At the period of which we have been speaking, Mr. Jefferson had three daughters, in the education of whom, according to his own ideas, he carried into practical exercise all the enthusiasm which had distinguished his public labors. With a mind attuned to all those endearments which make up the measure of domestic felicity, with a wife no less adapted to multiply and augment those endearments to the full extent of which they are susceptible, with an uncommon passion for philosophy and the pursuits of agriculture, it is not surprising he should have preferred, as he afterwards declared, "the woods, the wilds, and the independence of Monticello to all the brilliant pleasures of the most brilliant court in Europe." It was to him, therefore, a luxury, and one which he had not been permitted to enjoy since the commencement of the revolution, to pass as he did the remainder of the year 1781 and a considerable part of the succeeding in the pleasures and pursuits of domestic retirement.
With the cares of his family, his books, and his farm, he mingled the gratification of his devotion to the fine arts, particularly architecture. He superintended minutely the construction of his elegant mansion, which had been commenced some years before, and was already in a habitable condition. The plan of the building was entirely original in this country. He had drawn it himself from books with a view to improve the architecture of his countrymen by introducing an example of the taste and the arts of Europe. The original structure, which was executed before his travels in Europe had supplied him with any models, is allowed by European travelers to have been infinitely superior in taste and convenience to that of any other house at this time in America. [note] The fame of the Monticellian philosopher having already spread over Europe, his hospitable home was made the resort of scientific adventurers and of travelers from many parts of that continent.
It may not be unsatisfactory to the reader to have a picture of the patriot in his hermitage as he appeared to the celebrated French traveler, General Chastellux:
"Let me describe to you a man, not yet forty, tall and with a mild countenance, but whose mind and understanding are ample substitutes for every exterior grace. An American who, without ever having quitted his own country, is at once a musician, skilled in drawing, a geometrician, an astronomer, a natural philosopher, legislator, and statesman; a senator of America who sat for two years in that famous Congress that brought about the revolution, and that is never mentioned without respect, though unhappily not without regret; a Governor of Virginia who filled this difficult station during the invasions of Arnold, of Phillips, and of Cornwallis; a philosopher in voluntary retirement from the world and public business, because he loves the world inasmuch only as he can flatter himself with being useful to mankind: and the minds of his countrymen are not yet in a condition either to bear the light or to suffer contradiction; a mild and amiable wife, charming children, of whose education he himself takes charge, a house to embellish, great provisions, and the arts and sciences to cultivate. These are what remain to Mr. Jefferson after having played a principal character on the theatre of the new world, and which he preferred to the honorable commission of minister plenipotentiary in Europe."
In the autumn of 1782, assurances having been received from the British government that a general peace would be concluded in the ensuing winter or spring, Congress renewed the appointment of their plenipotentiaries for that purpose. A great and afflicting change had at this time taken place in the domestic relations of Mr. Jefferson, and the reasons which before operated imperatively against his acceptance of the mission were suddenly superseded by others as imperatively urging his absence from the seat of his dearest and most hallowed ties. The appointment was made on the 13th of November. "I had two months before that," says he, "lost the cherished companion of my life, in whose affections, unabated on both sides, I had lived the last ten years in unchequered happiness." With the public interests, therefore, the state of his mind concurred in recommending the change of scene proposed, and he accepted the appointment.
He left Monticello on the 19th of December, 1782, for Philadelphia, where he arrived on the 27th. The Minister of France, Luzerne, offered him a passage in the frigate Romulus, which he accepted; but she was then lying a few miles below Baltimore, blockaded by ice. No other conveyance being available, he remained in Philadelphia a month. On his arrival, Congress had passed an order offering him free access to the archives of the government, and he improved his leisure by a constant and daily attendance at the office of State, examining the public papers to possess himself throughly of the state of our foreign affairs. He then proceeded to Baltimore to await the liberation of the French frigate from the ice. After being detained there nearly a month longer, information was received that a provisional treaty of peace had been signed by those of the commissioners who were on the spot (Adams, Franklin, Jay, and Laurens) on the 3rd of September, 1782, which treaty was to become absolute on the conclusion of peace between France and Great Britain. Considering the object of his mission to Europe as now accomplished, he repaired immediately to Philadelphia to take the order of Congress, and was excused by them from further proceeding. He therefore returned home, where he arrived on the 15th of May, 1783.
The appointment and re-appointment of Mr. Jefferson to the embassy which resulted in the negotiation of the definitive treaty of peace with Great Britain, though but a fair tribute to his revolutionary services, have rarely been associated in history with that important event. The circumstances above detailed alone prevented the addition of his signature to the treaty, which would necessarily have given the same honorable notoriety to his connection with the transaction as is attached to his associate commissioners.
Congress convened at Annapolis on the 26th of November, agreeably to adjournment; but the pressure of public affairs having relaxed, the members had become proportionally remiss in their attendance, insomuch that a majority of the States necessary by the confederation to constitute a quorum, even for minor business, did not assemble until the 13th of December.
On the 19th of the same month, the great conflict being over and our national independence acknowledged by Great Britain, the illustrious General-in-Chief of the American army requested permission of Congress to resign his commission, and with deference ever paid by him to the civil authority, desired to know their pleasure in what manner the grateful duty should be performed.
Congress decreed that the commission should be delivered up at a PUBLIC AUDIENCE on the 23rd of December at twelve o'clock, and suitable arrangements were ordered for the occasion. The character sustained by Mr. Jefferson in this affecting scene will justify a general description of the circumstances.
When the hour arrived for the performance of the ceremony, the galleries were overloaded with spectators, and many distinguished individuals, among whom were the executive and legislative characters of the States, several general officers, and the Consul General of France, were admitted on the floor of Congress. From the first moment of peace, the public mind had been fixed intently upon General Washington. He stood on the pinnacle of military fame and power, but his ambition was satisfied, for the liberties of his country had been gained, and his admiring fellow citizens were now assembled to witness the execution of a purpose, deliberately and warmly embraced, of leaving to the world a great and solemn example of moderation.
The representatives of the people of the union remained seated and covered; the spectators, standing and uncovered. The general was introduced by the secretary and conducted to a chair near the President of Congress. After a proper interval, silence was commanded and a short pause ensued. The President, General Mifflin, then rose and informed General Washington that the United States in Congress assembled were prepared to receive his communications. Washington rose and, with a native dignity, delivered his affectionate address and valedictory.
Having then advanced to the chair and delivered his commission to the president, he returned to his place and received while standing the following answer of the President in the name of Congress. This paper was prepared by Mr. Jefferson.
"Sir:-- The United States in Congress assembled receive with emotions too affecting for utterance the solemn resignation of the authorities under which you have led their troops with success through a perilous and doubtful war. Called upon by your country to defend its invaded rights, you accepted the sacred charge before it had formed alliances and whilst it was without funds or a government to support you. You have conducted the great military contest with wisdom and fortitude, invariably regarding the rights of the civil power through all disasters and changes. You have, by the love and confidence of your fellow citizens, enabled them to display their martial genius and transmit their fame to posterity. You have persevered till these United States, aided by a magnanimous king and nation, have been enabled, under a just providence, to close the war in freedom, safety, and independence, on which happy event we sincerely join you in congratulations.
"Having defended the standard of liberty in this new world; having taught a lesson useful to those who inflict and to those who feel oppression, you retire from the great theatre of action with the blessings of your fellow citizens. But the glory of your virtues will not terminate with your military command; it will continue to animate remotest ages.
"We feel with you our obligations to the army in general, and will particularly charge ourselves with the interests of those confidential officers who have attended your person to this affecting moment.
"We join you in commending the interests of our dearest country to the protection of Almighty God, beseeching Him to dispose the hearts and minds of its citizens to improve the opportunity afforded them of becoming a happy and respectable nation. And for you we address to Him our earnest prayers that a life so beloved may be fostered with all His care; that your days may be happy as they have been illustrious; and that He will finally give you that reward which this world cannot give."
On the same day, December 23rd, measures were taken for ratifying the definitive treaty of peace which had been signed at Paris on the 3rd of September, 1783, and received here in November following. The treaty, with the joint letter of the American plenipotentiaries, was referred to a committee, of which Mr. Jefferson was chairman, to consider and report thereon. The necessary house not being present, the committee were directed to address letters to the governors of the absent States stating the receipt of the definitive treaty, that seven States only were in attendance, while nine were essential to its ratification, and urging them to press on their delegates the necessity of an immediate attendance.
Meanwhile, the house being restless under the delay, the opinion was advanced by several members that seven States were competent to confirm treaties, and a motion was accordingly made for an immediate ratification. Mr. Jefferson adhered to the strict letter of the confederation against the constructive opinion and opposed the motion. It was debated with considerable warmth on the 26th and 27th. No traces of the proceedings, however, appear in the journals of Congress. It being made palpable in the course of the debates that the proposition could not be sustained, it was decided to make no entry at all. Massachusetts alone would have voted for it; Rhode Island, Pennsylvania, and Virginia against it; Delaware, Maryland and North Carolina would have been divided.
In embodying his recollections of these transactions in 1821, Mr. Jefferson improved the occasion to record a severe but merited censure on the general character and conduct of our congressional bodies.
"Our body was little numerous, but very contentious. Day after day was wasted on the most unimportant questions. My colleague Mercer was one of those afflicted with the morbid rage of debate; of an ardent mind, prompt imagination, and copious flow of words, he heard with impatience any logic which was not his own. Sitting near me on some occasion of a trifling but wordy debate, he asked how I could sit in silence hearing so much false reasoning which a word should refute? I observed to him that to refute indeed was easy, but to silence impossible; that in measures brought forward by myself, I took the laboring oar, as was incumbent on me, but that in general, I was willing to listen. If every sound argument or objection was used by some one or other of the numerous debaters, it was enough: if not, I thought it sufficient to suggest the omission, without going into a repetition of what had been already said by others; that this was a waste and abuse of the time and patience of the house which could not be justified. And I believe that if the members of deliberative bodies were to observe this course generally, they would do in a day what takes them a week, and it is really more questionable than may at first be thought, whether Bonaparte's dumb legislature, which said nothing and did much, may not be preferable to one which talks much and does nothing. I served with General Washington in the legislature of Virginia before the revolution and during it with Dr. Franklin in Congress. I never heard either of them speak ten minutes at a time, nor to any but the main point which was to decide the question. They laid their shoulders to the great points, knowing that the little ones would follow of themselves. If the present Congress errs in too much talking, how can it be otherwise in a body to which the people send 150 lawyers whose trade it is to question everything, yield nothing, and talk by the hour? That 150 lawyers should do business together ought not to be expected." (Autobiography, 1821. ME 1:86)
Those who thought seven States competent to the ratification being very uneasy under the loss of their motion, Mr. Jefferson proposed on the 3rd of January to meet them on the middle ground, and accordingly moved a resolution premising that there were but seven States present who were unanimous for the ratification but differed in opinion on the question of competency; that those, however, in the negative were unwilling that any powers which it might be supposed they possessed should remain unexercised for the restoration of peace, provided it could be done saving their good faith and without any opinion of Congress that seven States were competent; and resolving that the treaty be ratified so far as they had power; that it should be transmitted to our ministers with instructions to keep it uncommunicated; that they should endeavor to obtain three months longer for exchange of ratifications; that so soon as nine States shall be present, a ratification by nine shall be sent them. If this should get to them before the ultimate point of time for exchange, they were to use it and not the other; if not, they were to offer the act of the seven States in exchange, stating that the treaty had come to hand while Congress was not in session, that but seven States were as yet assembled, and these had unanimously concurred in the ratification. This resolution was debated on the 3rd and 4th of January, and on the 5th, the question being carried, the house directed the president to write to our ministers accordingly.
On the 14th of January, delegates from Connecticut and South Carolina having arrived, the necessary complement of States was in attendance, and on report of Mr. Jefferson in behalf of the committee, the definitive treaty of peace between the United States and Great Britain was solemnly ratified and confirmed without a dissenting voice.
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