Thomas Jefferson Papers

Enclosure: John Cartwright to John Quincy Adams, 29 February 1824

Enclosure

John Cartwright to John Quincy Adams

London 29th February 18241

Dear Sir

Allow me to request your acceptance of a work entitled “The English Constitution produced and illustrated”; as well as of an Abridgement of the same with additional matter. I have further to request that you will cause to be delivered to a learned body which had the felicity of instructing many of the illustrious founders of your Republic, meaning the one named Harvard the accompanying parcel containing duplicates, together with a letter to the President of that University.

Although these works are more particularly addressed to the Writer’s own country, they equally apply to every other; since the Polity therein developed, once indeed de facto that of England in particular, was, and is, nevertheless, in its nature, the patrimony of every other People on earth; as every People are entitled to Political Liberty in the absolute perfection of those eternal principles on which it depends, and to all its securities.

On this subject one question arises, which the United States of America, notwithstanding the glorious position in which they stand, may not find unworthy of their attention; and the solicitude which their most eminent men have uniformly shown for practically proving their superiority in political science—the science on which the good of mankind most depends—persuades the Writer that those states, separately and conjointly, may consider that question to be of high importance, as one which must adorn with a civic wreath of honour the brow of the first nation that shall give it on the grand theatre of the world a practical solution.

The allusion is to the nature of a constitution as wholly distinct from Law. If, in respect of such a distinction, the Writer have succeeded, the patriots of America may see cause for once more resorting to their wise expedient of from time to time revising, not merely the Constitutional Instruments of their several States, but that also of the Union; for, nearly as all of them approximate to perfection, no person will, on mature consideration, hesitate to admit, that one step more is wanting ere they reach that goal.

Perhaps, Sir, there will be found no obstacle to this admission on the part of Americans, from the circumstance of the suggestion coming from one who, as to them, now stands in the relation of a Foreigner, since (as he believes you know) that person, although an Englishman, advocated through the London Press their Independence on England, prior to the war whereby it was achieved, or had become an object of American patriotism.—Foreigner?, did he say? No; All mankind are of one political family, the earth their common country; the perfection of government their common interest.

On contemplating the subject of Constitutional Instruments, it was seen, that in such a basis of national welfare, care ought to be taken that the Constitution itself, as resting on eternal principles of Truth and Morality, should stand perfectly distinct and separate from all other matter; because, as soon as its Definition should embrace and express all that is necessary to a system of government, and without superfluity, a Constitution ought thenceforward to be unchangeable; while Law, accomodating itself to times and circumstances, should be left at perfect liberty to change as expedience should require.

The Writer cannot but feel peculiar satisfaction in his work making its appearance at an epoch, when his country is become an asylum to the most enlightened and most determined patriots of France, Italy, Spain and Portugal, driven from the lands of their nativity by the iron rod of brutal despotism; while at the same time the combined tyrants of Europe are in an avowed conspiracy against the liberties, not merely of Europe, but of all mankind; and with a particular anxiety for crushing the spirit of Freedom in those American regions where the aspirants to the proper condition of the human race, are only in a state of exertion for following the example of your northern union, without having as yet consolidated their several Constitutions, so as to set at defiance all hostility.

At a juncture so critical, the late message of President Monro to the Congress, so worthy of the First Magistrate of a great People, is an invaluable state paper; which must powerfully tend to implant in the bosoms of the abovementioned Exiles a conviction, that the cause of Freedom is by no means to be despaired of; and must even inspire a lively hope, that events are in a train for again favouring that cause on this side of the Atlantic.

That State Paper, in conjunction with the shocking sacrifice of the virtuous Riego, on the bloody altar of the modern Molochs, constitute a rallying call to a compact union of sentiment and opinion on the part of the People of every land in their common cause. To such a Union, on such a Call, what can more conduce, than to discover the means whereby that common cause can be best promoted?—Will not this be materially accelerated, on viewing a form of political polity, exhibiting that system of government which, at the same time that it is the most perfect, is evidently the common inheritance? Are not its simplicity, as well as its being level with the capacities of the unlearned mass of mankind, additional qualities for its becoming a bond of union, as potent as it is natural, and ere long indissoluble? Shall not a solid phalanx of the human race, of such physical and moral strength, be invincible, and, in an earthly sense, omnipotent? How can it be resisted by the heterogeneous forces of Despotism, held together by means altogether unnatural, and without any moral cement; whose armies are slaves, whose whole system is built on the quicksand of tyrannical compulsion, on fraud, corruption and impiety to God and Man, all principles of discordance and dissolution?

Is it not time, then, to discard all attempts at reconciling contradictions, by compromising between Freedom and its opposites,—between the People struggling for Freedom and those who are instinctively its inveterate and irreconcileable enemies—hereditary kings, priveleged nobles, and time-serving Priests? The experiments that have been made, and the results, written in the best blood of nations, insure conviction, that nothing short of minds imbued with true knowledge, can, in the nature of things, render Freedom triumphant.—But if Atheism be not the right creed, Reason a bubble, and Force combined with Fraud the legitimates presiding over the destiny of the human race, Freedom shall yet have its triumph!

In proportion, then, as Constitutional Instruments shall be simple, and the elements of Constitutions so few as not to be obscured by aught superfluous, while their principles shall be self-evident; in the same proportion shall they conduct us to the object we seek. Taking this view of things, the Writer is most thankful to Providence, that he has been gradually led, by conviction at every step, to a developement of truths essential to a right pursuit of that object, and so as to show how human Freedom can alone, with a moral certainty be fully established so as never more to be shaken.

So far, then, as the several Constitutional Instruments of the several states of United America may fall short of abstract perfection, and by blending together Polity and Law be in any degree obscure, possibly her Patriots may not think it unworthy of her wisdom to consider the means of attaining to that magnificent point of superiority. What she hath already done hath placed her at the head of Nations, with an inherent vigour which renders her the bulwark of mankind; But if some small improvement be still wanting to perfect her condition so as to exhibit a model of civil government worthy of universal adoption, shall she not with ardour determine to attain that enviable exaltation?

Although the Writer cannot divest himself of a desire that his own country should have the virtue, by one comprehensive, radical reform of her government, to shake off the Norman Counterfeit that, like the leprosy of Gehazi the corrupt servant of Elisha, cleaves to her as a curse, and by a grand exertion once more restore her genuine Polity in all its purity; he, at the same time, cannot but see, that a consummation so devoutly to be wished, is not so speedily to be expected, as the exigencies of mankind at this crisis require; while the United States of America are in a position to effect all that in this respect is wanting, by merely advancing a single step in her glorious career.

He, as an Englishman envies her not. As an Englishman, next to seeing his own Country the unprompted restorer of the English Constitution, it is his ardent wish that it may shine in full lustre on the soil of America, whence, as from a faithful mirror reflected back, he believes it would in due time so operate on the optics and sympathies of his countrymen, that they would not rest until the inestimable treasure were recovered.

Independent of sensibilities peculiarly national, and viewing all mankind as one political family having a common interest, and that interest brutally attacked by tyrant Molochs;—the Writer is solicitous that the human family should discover a potent bond of union for the common defence of their common rights; and, he thinks, natural, and consequently efficacious means have been at length exhibited to their view. It, therefore, matters not that England have any particular pretension to once having enjoyed, more than any other country, the form of government in question; since it is a universal inheritance, and may every where, with the happiest effect, be adopted and applied.

Such adoption universally must be strong evidence that the means were proper to the end. To talk of Liberty of different and discordant definitions, would be as absurd, as to talk of Triangles, Squares or Circles that had different and discordant causes or properties.2 We cannot scientifically speak of English Liberty, French Liberty, Spanish, Portuguese or Italian Liberty founded on different laws of Nature or different principles of Truth. Using words according to their strict literal signification, we must find that the principles and properties of Liberty, in like manner as those of a Triangle, a Square or a Circle, must every where be the same.

Hence we arrive at the conclusion, that every where men, rightly instructed, must see this question in one and the same light; and will practically seek it in one and the same manner. When men’s language is correct, and their terms are appropriate, they will learn universally to know when they arrive at a Definition, that, in all places, countries and climates must find consent. Thus alone can they discover an efficient cause of unanimity, that is, being of one mind; from which alone can emanate a perfectly intellectual, moral and physical union of resistless power.

With these views of his subject, the Writer cannot but think, that, having divested the problem of all superfluity, and having likewise reduced the requisite Elements of a Constitution to only five in number, and those level with the capacities of the unlearned multitude, a real service to the science of government has been thereby rendered; as, after all, it is on the unlearned multitude, the European Reformers of this age must as much depend, as did the great Reformer of Religion and morals of a former age.

Here, Sir, adverting to the total overthrow which the Reformers of France, Italy, Spain and Portugal have experienced; dictating a deeper penetration than heretofore into the principles of political science, as well as into the partiality that has much prevailed for England’s counterfeit institutions; reflecting also on the attention which those Reformers will now be disposed to bestow on the state and federal Constitutions of America, as their better guides in time to come; the Writer feels, and he hopes every American Patriot will feel, that, in this conjuncture there is a serious call on the United States, well to consider if her Constitutional Instruments3 have arrived at that perfection which must be her wish, if either her own benefit, or that of imitating nations be objects of her solicitude. Perhaps it will be seen, that a right conception of the nature of a Constitutional Instrument will not a little contribute towards a clear conception of what is requisite to the perfection of a Constitution itself; as well as when that perfection being attained, there may be an end of revising; and that revision should thenceforward be applicable only to Law. Until that period arrive, a Constitution cannot be said to have attained a completely sacred character; nor can be viewed as an infallible criterion, test and standard of political duty and conduct; for how can such ideas attach to an object professedly changeable, as still wanting improvement? If the Writer mistake not, until a Constitution be both seen and felt to be unchangeable, it must want that potent charm that takes full and absolute possession of the human understanding and heart.

Wherefore, Sir, the Writer, with his eye on the extraordinary success which has been the fruit of American Patriotism, cannot but hope it will perfect its work. To this end, the excellence of a Polity of only five elements may be first contemplated; and, in the next place, the fitness of squaring all applications of those elements to practice may engage attention; but the second, third and fourth element, as of paramount importance and vitality, preeminently claim attention.

The Writer is led to this hope, by having noticed some variances and some omissions in America, touching those three elements; and although he is able to account for them from the discussions while the American Constitutions were subjects of deliberation, and is aware of the difficulties which then presented themselves, he is nevertheless of opinion that all of them are practicable in strict accordance with their theory; and that every omission in practical application must be a leak in the bottom of the state vessel, which in time, cannot but prove dangerous. The very precedent of a deviation on any one plea of expediency, however slight the deviation may be, opens the door of expediency not only to short-sighted politicians, but likewise to the subtle underminers of freedom; so that as prosperity and wealth beget relaxation and supineness, a time may come, when expediency may so encroach upon right, as to threaten the very existence of political liberty.

It is now time to touch on a few omissions in the American Polities, which were adopted as necessary exceptions to general rules; but which, as the present Writer conceives, will not stand the test of a close scrutiny. He thinks it has been proved that the universality of a militia, to the extent of bodily ability for arms-bearing, is an indispensable principle. He equally believes it has been shewn that a single representative legislature is the same; and that to the universality of Trial by Jury the doctrine also applies. He has noted the arguments scattered through an American work entitled “The Federalist,” the production of Patriot pens of great ability; as well as the ingenious expedients invented by the able authors of that work, for justifying some inadmissible departures from general rules; and for dispensing, in some cases, with a rigid adherence to theoretic principles, by the introduction of palliative qualifications, causing suspicious anomilies, where all ought to be impressive by consistence, and its correct correspondence with eternal truth. But, had the Definition of a Constitution of five elements, which no logic can invalidate, been then known; and had the vital importance of the second, third and fourth of those elements been then, as now, a demonstrable part of the science of government, those advantages would doubtless have prevented any sacrifice of rectitude to expedience; since, in these circumstances, all such expedients must appear in the undesireable character of innovations; which, on the part of the Writers alluded to, would never have been knowingly countenanced.

Had those Writers been at that time in possession of standards of rectitude on those several points, their distinguished ability and great ingenuity would undoubtedly have been successfully employed, for overcoming in practice whatever difficulties might seem (but only seem) to have been interwoven with the theory of those elements. That the theory of the three most vital elements is not unreducible to practice, the present Writer hopes and trusts is now made manifest. He even trusts, that in your federal, equally with your state Constitutional Instruments and the Polities therein defined, this practicability will appear, because, among other reasons, the true and simple character of a Sovereign Congress is, that it be a genuine representation of the Sovereign Legislatures of the several states, which state legislatures immediately represent the People.

Thus only can the Sovereignty of a People, first delegated to a single assembly in each state, be correctly and legitimately extended to a Confederacy of Nations, without complexity or anomalies; that is, without any deviation from the simplicity of representation. This single remove from immediate representation must, in a union of states be unavoidable; but, so long as original representation in each state shall be perfect, and the institution of a Congress shall be in strict accordance with the representative principle, no inconvenience is to be apprehended; provided the Confederation be not extended beyond the limits, within which it shall be practicable to confer on the universal People the benefits of good government. Where that practicability ends, it is the dictate of reason and justice that confederation shall end, and a new confederacy begin; that is, if the next adjoining state desire to belong to one.

The same principle of limitation prescribes the natural bounds of individual states; for, although a Confederation may guarantee the liberties of a number of Nations, it is evident that those Liberties cannot be preserved and good government be secured, if a single state should be enlarged to a degree which can alone be compatible with a confederacy of states.

Let it be repeated, that a Sovereign Congress is not, cannot be, a direct and immediate Representation of the Universal People of five and4 twenty nations; but in strictness and propriety it is to be the representative of the several sovereignties of those nations. Hence, not the people of the five and twenty nations universally, nor any partial, arbitrary selection of them can be the proper electors of a Congress; but simply the several assemblies in which, by election, the several sovereignties reside. Here all is natural, simple, and in lucid order; and the liberties of the several nations must be safe in the hands of their several representative assemblies, constituted on true republican principles, and guarded by fundamental laws, as well as by wise provisions, in strict accordance with republican constitutions. It is not supposeable that such state sovereignties will ever erect over themselves and their constituents any sovereign Congress with more power than necessary for general purposes; and at all events the future Sovereignties of the several nations of the Union will have it in their power to cause a correction of any errors, the annulment of any provisions, or a supply of any deficiencies which experience may bring to view.*

It now, Sir, becomes necessary more minutely to advert to the difference between an individual State Constitution, and that which has obtained the appellation of a Federal Constitution; which latter, in the judgment of the present Writer, would be preferably designated by some form of words signifying the Federal Compact. For the sake of perspicuity that phrase will here be used. This Compact, then, as not immediately emanating from the inherent Rights of Man, but being in its nature the proper offspring of several deputed Legislatures, it has more the nature and properties of a Law, than of a Constitution, and is more in the character of a Covenant, a Stipulation, a Bargain, Partnership or League between several contracting equals, than of a national Polity of a single Body Politic. Such a Compact is, in its Stipulations therefore changeable, which a Constitution on right principles, when once finally agreed upon, is not. The Compact does not stand on the immoveable basis of self-evident rectitude in all its parts, but, blended with its rectitude, it admits of mere Expedience. Expedience, indeed, rightly understood, does not flow from an arbitrary exercise of the Will, in place of Right; but, being in the opinion of the Agent merely a better among different modes, of doing what is right, it is to be accordingly appreciated, and, in respect of its eligibility, there may be different opinions.

A Compact may, however, in the maturity of time and experience acquire almost the reverence due to a Constitution, and so become from thence forward to a moral certainty nearly as unchangeable; but that must depend on its containing a fundamental article, prescribing the limits or boundaries which the Confederation of States shall never exceed, for so long as there may be a possibility of an increase in the number of States, the Compact cannot be said to be unchangeable; as it cannot have the assent and adoption of states not existing, but which at a future period may be brought into existence, and every such circumstance would be a change.

After what has been already advanced touching a distinction between the Constitutional Instrument of an individual state, and an Instrument of Confederation for uniting several states, the Writer, Sir, persuades himself that what he has to add will be seen to follow as legitimate conclusions from those premises, and that it tends to forward the cause of human Freedom, by simplifying the forms of the necessary documents where ever a People may be in act for giving political Liberty a sure establishment.

Contemplating then an Instrument of Confederation as an Act and Deed of several State Legislatures for creating a superintending authority for general purposes, and for guaranteeing to the People of the several States their respective independence and the benefits of union, it should seem that such6 an Instrument of Confederation might have the same simplicity and perspicuity as the Constitutional Instrument of a single state;—to this end,

1st It might set forth, as preamble, the motives to its adoption, and the Will that had given it existence.

2.—It might abstractedly define its own identity.

3.—It might particularize what it guarantees to the People of the several states.

4.—It might refer to the fundamental laws which in the first instance should be necessary to its own operations.

5.—It might express the extent and limitation of its legislative authority, to be exercised as circumstances might require.

6.—And it might in a definitive section, subjoin at full length the aforesaid Fundamental Laws; and what has in America7 been laid down in this respect, is full of wisdom and foresight.

Might not its Title be—‘The Instrument of Confederation and Compact between the United States of A, B, C, D, &c, &c

And might not its Definition be in some such words as these,—‘The Frame, Description and Character of the federal Compact is as follows, namely—it consists of a sovereign Congress representing the sovereign Legislatures of the several States of the Union; of an Executive President; of a Council of Elders in aid of the Congress and the President, but without vetoistical control over either; and of a Juridical Power for the Trial of all Treasons against the Sovereignty of the Union, by a Jury of 12, to be taken by lot from the said Elders; but which Juridical Power is to be latent and dormant, unless by any such Treason called into action.’—

Presupposing all the States in any existing Confederation, on a revision of their Constitutional Instruments, to separate their Constitutions from their Laws, and, as the matter and substance of the former, to adopt the five Elements that have been shown to embrace all that a Constitution on right principles can contain, it should then seem to be expedient that under the 3d of the foregoing heads, it should be expressly said, that ‘The Federal Compact guarantees to the People of all the United States the conservation and inviolability of those principles of Truth and Morality on which Political Liberty and Social Order depend, and all other the principles, Rights and Advantages intended to be secured and perpetuated by their several State Constitutions of five Elements.’8

As Political Liberty is every where the same, and the same object of human desire; so the same arrangements for bringing it to view, and the same language in defining it, will have the happiest effects; in like manner as a well-chosen watchword for an assaulting army, exciting zeal and inspiring enthusiasm in all its sections,9 leads to victory, a Constitution that shall be a standard of political rectitude, for attaching all hearts, like a speaking emblem that is an animating standard of military devotion, is the great desideratum of the accomplished lawgiver.

At present, it appears that in your Federal Institution there is not a total and absolute disjunction of the legislative from either the executive or juridical functions; which in both cases is doubtless necessary to a perfect system. But will it not on due consideration be seen how, by means of a Council of Elders, rightly modified and made a fundamental, that a complete disjunction may be accomplished and perfection be thereby given to the Federal system? May not this be accomplished by making the office of that council merely admonitory and not legislative?10

It is indeed admitted that the President’s share in legislation is very small, and merely negative as well as of short duration; therefore not likely to grow into a positive evil; but still he does partake by having any power at all in matters of Legislation. But is not the smallness of this power in itself a reason why it may be altogether dispensed with in deference to a grand principle, and to the dignity of a sovereign congressional11 Legislature? For not until the disjunction be complete, and no shadow of joint authority remain, can the science of government be viewed as having been carried to its ne plus ultra of excellence.

It may here be remarked, that in a truly republican government the People in their smaller sections so far govern themselves, that very little remains to be done in the way of state legislation; wherefore this little will for the most part consist of such simple, and obvious services and regulations as to differ in character but in a slight degree from the services and rules observed in the sections; and consequently that to have a seat in the state legislature may not be an object of much ambition; nor political ability be much in request with the Electors. For remedying this defect, might it not be adviseable to make it a necessary qualification for being a member of Congress, that the party had been twice a member of a state Legislature; and, for being a member of a Council of Elders in the federal system that he had thrice sustained the legislative character in his own state? It is here presumed that the State Elections are all annual, and the authority of a year’s continuance. Would not these provisions stimulate the best qualified citizens to become state representatives; and the electors to select such men in preference to inferior characters; thus at once improving state legislation, and giving habits of business to such persons as should afterwards be sent into the Congress?

For perfecting a plan of this kind, might it not be adviseable to erect every section, which should become an Electorate, that is, a district for electing a state legislator, into a diminutive state, having within itself an organization for all civil, military and juridical purposes; thus made an initiatory school of politics. To this end also, might not12 its elections of a representative divided into two acts, to be performed on two separate13 days, neither immediately following nor being more than eight or nine days apart? Might it not be made imperative, that the first Act should begin with holding a General Meeting of the Electors, for inquiring how the late Representative had discharged his duty?

To this end, the presiding Magistrate might be required to propound as follows.—‘That A,B, as your late representative deserves well of his constituents.’ If the question be negatived then to propound, ‘That A,B, as your late Representative, has not incurred any blame from his constituents.’—If this also be negatived, then finally to propound—‘That A,B, as Your late Representative has incurred the disapprobation of his constituents.’

The discussion at an end, a Nomination for the ensuing year to begin; care being taken that if only one person should be proposed, it should be the duty of the presiding Magistrate to nominate another, so as to secure an election by ballot. For securing a final decision within three or four hours, the Electorate to be divided into polling sections; churches and chapels for the duty, and Sunday for the day, having a preference, and effectual care being taken to insure peace and decorum in the proceedings.

Thus, by dividing the election into two acts, and prescribing certain well-devised usages, two opposite evils would be prevented; as, on one hand, there would be an excitement to the animation which is necessary for promoting the public good; and, on the other hand, a security against tumult.

In a certain country where the rays of all corruptions meet in a focus, the bustling leaders of factions, for very good reasons of their own, affect to despise all such minutiæ; and they mislead men of little minds, and short sights. But truly great men will know the value of the minutest parts of a grand system; nor will disdain to imitate the Creator of the Universe, in whose works they observe a minutiæ the most exquisite. In the production of a Turnip, they learn from an experiment of Tull that that root sends forth from its tap still more radical fibres, which are at last too fine even for a philosophic eye aided by the most powerful lens.

In respect of points hitherto noticed, the Writer can account for the motive to regulations short of perfection,14 where experience will not admit of his coming to the same conclusion: while touching that of a civil President being made ex officio military Commander in Chief, as he does not penetrate the reason his judgment is suspended. As all military authority must necessarily be subordinate to civil sovereignty; and as war may rage at a distant frontier while a Congress may stand in need of the presence of the supreme executive magistrate, can such a union of offices be necessary or politic? Are we not arrived at a state of knowledge for seeing that the presiding magistrate in a Polity ought not to be either the People’s Judge or their Leader to battle? In the event indeed of a danger so extreme that the very existence of the State should depend on the sword alone, and a President should be famed above all others for martial skill, might it not then be soon enough, in submission to a necessity over-ruling all law, and as an exception to the rule of his presiding at the helm, that he should be sent to the field?

The Writer here closing his observations respecting the ordinary scope of legislation, cannot drop the subject without expressing his persuasion, that something more will be wanting, and his hope that something more will be done, for preserving your republican government in all the life, spirit and energy of its youth to ages the most distant. He alludes to an Institution which, if a true cast from the antient model, would render it ever young and vigorous.

It being necessary to guard against the inevitable effects of prosperity, wealth and security in causing a relaxation of morals and the decay of a state, it should seem that, as a regulator of the machinery of a Republic, there should exist a Spring, which by its nature its temper and elasticity, should operate, and with the certainty of an instinct as a constant preservation of public virtue. What was ever so conspicuously conducive to this end, as that Institution which, nearly nine hundred years anterior to the Christian era, was so admirably organized by Iphitus? It not only periodically called into action all the powers of body and mind which shed a lustre around the possessor, but it begat settled habits of temperance, fortitude and emulation in the culture of Art and Science; as well as a studious attention to Literature and eloquence, polished manners and more correct morals than were otherwise to have been expected in ages of paganism and idolatry.

How much more under true Religion shall such an Institution, elevate the human character, by perpetually exciting emulation in whatever dignifies and adorns mankind!

To the ignorant and unreflecting, to the men of the plough or the shop, to the drudgers in the counting house or the bustlers on the exchange,15 the mention of such an Institution for a while might be an object of ridicule; but sagacity and wisdom may, as in Greece it did, bring all these classes under its banners; teaching them the inestimable value of a pleasurable recreation in unison with all that is praiseworthy; and that a low-minded drudgery for sordid gain, and an indulgence of mere animal appetites, are not the most pleasurable gratifications of intellectual and moral beings. In short, as in the divine creation of the earth, it is not the existence of Continents, nor the positions of Islands, Oceans or Rivers, but a wonderful unseen magnatism, that directs the Navigator; so, in the human creation of a State, it is not so much the existence of a Constitution, or of manifold Laws; as the potent invisible principle of such an Institution, which, by alike correcting the errors of passion and apathy, keeps a People in a healthy activity, and guides them to the haven they seek.

The attention which your States now pay to the improvement of their Universities for inciting a taste for literature and art, on the as yet unrivalled models of antiquity, persuade the Writer that what he has last suggested will not be thought visionary; for hath not the Creator enriched the utilities of his work with an infinity of beauty, and endowed Man with a mental taste for a grateful enjoyment of the feast? Animals, flowers, shells, gems and the magnificent ærial rainbow, in symmetry and colouring inspire imitation? Was all this for nought? Hear the Poet!

Those men
Whom Nature’s works can charm with God himself
Hold converse; grow familiar, day by day,
With his conceptions; act upon his plan,
And form to his, the relish of their souls.
Believe me yours truly,

John Cartwright17

*Note from p. 9.

In appointing the President and Vice President, as now regulated, the People of each state have it seems a modified interference, intended to preserve to them an influence proportioned to the population of each state respectively: But if those appointments should be made by the Legislatures, might not those Legislatures have a proportionate number of votes for answering the same end, without the introduction of an anomaly in the system, or unnecessary complexity and needless trouble?

Viewing the Union in the light of a compact or Partnership this would accord with those partnership Institutions where the object is—not Political Liberty, but to preserve weight and influence in proportion to the pecuniary stakes of the Partners.

It is to be kept in mind, that in every Electorate of each state for the choice of a Representative, the People being necessarily at liberty to assemble in folkmote when they please, they might at any time if they saw occasion so assemble, to consider whether it were, or were not expedient to instruct that Representative touching the election of a President and Vice President of Congress. Presuming then that all Instructions would have due weight, would it not follow that those Magistrates of the Union, although elected by the Legislatures immediately, would in effect be appointed according to the Will of a majority of the People; for non-instruction would imply full confidence in the Representative, and his vote must be considered as that of his Constituents?

 

Note from p. 16.

In a new and most promising work—“The Westminster Review,”18 January–April 1824, No 1. p. 76, this topic is touched on.

“The health of Man as an animal is entirely neglected. He is neither lodged, nor clothed, nor dieted, nor exercised, with a view to give his bodily frame the greatest strength, and to maintain it in the greatest19 perfection. The antients were wiser. Their baths, their unguents, their exercises, their games,20 were obviously designed to nerve the body, to arm it against the vicissitudes of the seasons, and to render it capable21 of sustaining every22 fatigue and every degree of privation.”23

Tr (DLC); in an unidentified hand, with emendations by Cartwright noted below, signed by Cartwright; at head of text in Cartwright’s hand: “(Copy)” and “To John Quincey Adams, Secretary of state to the Congress of the United States of America.” RC (MHi: Adams Papers); in same unidentified hand, with same emendations, signature, and address at head of text in Cartwright’s hand.

Cartwright sent duplicates of his works on the English constitution, also enclosed to TJ with the covering letter, to Harvard University through John T. Kirkland, president of that university. The late message of president monro to the congress proclaimed the Monroe Doctrine (see note to James Monroe to TJ, 4 Dec. 1823). The liberal Spanish political leader Rafael del riego y Núñez had been hanged on 7 Nov. 1823 after the Spanish monarchy regained absolute power. In the Bible the servant gehazi tries to deceive his master elisha and is visited with leprosy (2 Kings 5.20–7). consummation so devoutly to be wished comes from William Shakespeare, Hamlet, act 3, scene 1.

great reformer of religion and morals: Jesus. what has in america been laid down concerning fundamental laws: the Bill of Rights. Cartwright evidently thought that in England the rays of all corruptions meet in a focus. Jethro tull describes the length and fineness of turnip and carrot roots in chapter 1 of The Horse-Hoing Husbandry: or, an Essay On the Principles of Tillage and Vegetation (London, 1733; another ed., Sowerby, no. 701). The president is made ex officio military commander in chief in the United States Constitution, article 2, section 2.

Cartwright commended the ancient Olympic games, the institution supposedly then thought to have been organized by iphitus, in the preface to his work entitled An Abridgment of “The English Constitution produced and illustrated” (London, 1824), v–vii: “And as nations grow up in wealth and prosperity, which, in process of time, strongly tend to beget security and supineness, especially in countries addicted to commerce—there will necessarily be found wanting one institution, not in modern times sufficiently attended to, for counteracting the relaxation to be expected, if not carefully guarded against. On this topic, suffice it here to say that the institution alluded to is that of Iphitus of Elis, who, among national legislators more than any other, merits a statue in the vestibule of every legislative assembly, as more worthy than all the rest, of the eternal veneration of mankind, for having seen deeper into human nature and human policy than the best of them.”

whom nature’s works … relish of their souls quotes Mark Akenside, The Pleasures of Imagination. A Poem. In Three Books (London, 1744), book 3, lines 630–3. Popular election of the United States president and vice president is subjected to the modified interference of the Electoral College.

1Salutation and date (excepting city name) in Cartwright’s hand.

2Omitted period supplied from RC.

3Tr: “Intruments.” RC: “Instruments.”

4Here and below, preceding two words interlined by Cartwright.

5Note added by Cartwright in margin of p. 9.

6Word added in margin in unidentified hand and redundantly interlined by Cartwright.

7Preceding two words interlined by Cartwright.

8Omitted closing quotation mark editorially supplied.

9Preceding four words interlined by Cartwright.

10Sentence interlined by Cartwright.

11Word interlined by Cartwright.

12Text from “thus made” to this point added in margin by Cartwright in place of “with” and keyed to this point with “A.”

13Tr: “seperate.” RC: “separate.”

14Preceding five words interlined by Cartwright.

15Tr: “exhange.” RC: “Exchange.”

16Note added in margin of p. 16 by Cartwright.

17Page 16 ends short here, with remainder of text on p. 17 in Cartwright’s hand.

18Omitted closing quotation mark editorially supplied.

19Westminster Review: “utmost.”

20Word not emphasized in Westminster Review.

21Tr: “capaple.” RC: “capable.”

22Westminster Review here adds “kind of.”

23Omitted closing quotation mark supplied from RC.

Authorial notes

[The following note(s) appeared in the margins or otherwise outside the text flow in the original source, and have been moved here for purposes of the digital edition.]

* *See this Note in p. 17.5

 For this Note see p. 17.16

Index Entries

  • Adams, John Quincy; and constitutions search
  • Adams, John Quincy; letter to, from J. Cartwright search
  • Adams, John Quincy; works sent to search
  • Akenside, Mark; The Pleasures of Imagination search
  • An Abridgment of “The English Constitution produced and illustrated” (J. Cartwright) search
  • baths; medicinal use of search
  • Bible; 2 Kings referenced search
  • books; on government search
  • Cartwright, John; An Abridgment of “The English Constitution produced and illustrated” search
  • Cartwright, John; letter from, to J. Q. Adams search
  • Cartwright, John; on constitutions search
  • Cartwright, John; The English Constitution Produced and Illustrated search
  • Congress, U.S.; and federalism search
  • Congress, U.S.; J. Monroe’s messages to search
  • Constitution, U.S.; and federalism search
  • Constitution, U.S.; and national defense search
  • Constitution, U.S.; and presidency search
  • Constitution, U.S.; and state militias search
  • Constitution, U.S.; Bill of Rights search
  • Constitution, U.S.; J. Cartwright on search
  • Elisha (Hebrew prophet) search
  • Europe; liberty in search
  • exercise, physical; and health search
  • food; turnips search
  • games; Olympic search
  • Gehazi (Old Testament figure) search
  • Great Britain; and U.S. search
  • Great Britain; constitution of search
  • Great Britain; influence in Europe search
  • Great Britain; political corruption in search
  • Greece, ancient; Olympic games in search
  • Hamilton, Alexander (1757–1804); The Federalist search
  • Harvard University; books for search
  • Harvard University; J. T. Kirkland as president of search
  • health; and bathing search
  • health; and clothing search
  • health; and diet search
  • health; and exercise search
  • Horse-Hoeing Husbandry: or, An Essay on the Principles of Vegetation and Tillage (J. Tull) search
  • Iphitos (Iphitus; king of Elis) search
  • Jay, John; The Federalist search
  • Jesus; mentioned search
  • Kirkland, John Thornton; as president of Harvard University search
  • law; and constitutions search
  • London; newspapers in search
  • Madison, James (1751–1836); The Federalist search
  • medicine; ointments search
  • militia; and U.S. Constitution search
  • Monroe, James (1758–1831); and Monroe Doctrine search
  • Monroe Doctrine; J. Monroe’s annual message to Congress (1823) search
  • Olympic Games search
  • politics; books on government search
  • politics; J. Cartwright on constitutions search
  • religion; atheism search
  • Riego y Núñez, Rafael del; execution of search
  • schools and colleges; Harvard University search
  • Shakespeare, William; Hamletreferenced search
  • South America; and European powers search
  • South America; constitutions in search
  • Spain; politics in search
  • The English Constitution Produced and Illustrated (J. Cartwright) search
  • The Federalist (A. Hamilton, J. Madison, and J. Jay) search
  • The Pleasures of Imagination (M. Akenside) search
  • Tull, Jethro; Horse-Hoeing Husbandry: or, An Essay on the Principles of Vegetation and Tillage search
  • turnips; as crop search
  • United States; and Monroe Doctrine search
  • United States; elections in search
  • United States; Electoral College search
  • United States; presidency search
  • United States; reputation of search
  • Westminster Review search